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From · report parliamentary committee draft · 2026-03-16 ITRE-PR-785228 on the proposal for a Council regulation establishing the Instrument for Nuclear Safety Cooperation and Decommissioning for the period 2028-2034 and repealing Regulations (Euratom) 2021/100 and (Euratom) 2021/948

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To · Plenary report · 2026-07-06 A-10-2026-0196 on the proposal for a Council regulation establishing the Instrument for Nuclear Safety Cooperation and Decommissioning for the period 2028-2034 and repealing Regulations (Euratom) 2021/100 and (Euratom) 2021/948

These two texts have too little in common to be compared paragraph by paragraph — they are different documents rather than versions of one (for example one group's motion against the joint text that was adopted).

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

– having regard to Rule 84 of the Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy ~~(A100000/2026),~~(A10-0196/2026),

1. Approves the Commission proposal as amended;

5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Recital 6 a (new): (6a) The Instrument's external component should also promote international cooperation based on conventions on nuclear safety and radioactive waste management, encouraging partner countries to become parties to those conventions and allowing for IAEA-assisted periodic peer reviews of their national systems by well-respected international nuclear energy agencies. These peer reviews provide an external assessment of the state-of-play and challenges in nuclear safety in third countries, thereby informing the programming and prioritisation of high-level Union support.

2025/0265 (CNS)

~~IAEA-assisted peer reviews can be a useful tool to guide the programming and prioritization of Union support through the external component of this instrument.~~

Proposal for a

~~Recital 19 a (new): (19a) The European Parliament should be informed regularly by the Commission about the activities implemented under this Regulation.~~

COUNCIL REGULATION

~~It is useful for the sake of transparency and interinstitutional cooperation that the European Parliament is regularly informed.~~

establishing the Instrument for Nuclear Safety Cooperation and Decommissioning for the period 2028-2034 and repealing Regulations (Euratom) 2021/100 and (Euratom) 2021/948

Recital 27: (27) Considering that the peaceful uses of nuclear energy continue to develop, the Instrument should be fit to carry out activities in emerging fields related to nuclear safety and emergency preparedness and response, for instance by contributing to the safety of small and modular reactors and radiological protection in new radiological medical applications. When carrying out such activities, the interest of the Union and its competitiveness should be taken into account to prevent Union funds from supporting the licensing process of non-European technologies.

THE COUNCIL OF THE EUROPEAN UNION,

By adding the possibility of carrying out activities in emerging fields, a risk exists of using the EU budget for financing the licensing process of non-European new technologies, such as Small and Advanced Modular Reactors. This risk should be mitigated by including a "European interest" criterion in the funding decisions.

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,

Recital 32: (32) The most efficient use of available resources can be achieved through coherence and complementarity between the Union’s external financing instruments, as well as through the creation of synergies with other Union policies and programmes such as the Euratom research and training programme. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Community and Union programmes, provided that the contributions do not cover the same costs.

Having regard to the proposal from the European Commission,

~~The Euratom Research and Training programme being the main programme applicable for nuclear research, it seems useful to specifically mention it in the recital.~~

Having regard to the opinion of the European Parliament,

Recital 34: (34) The Commission has concluded that the best option to satisfy requirements stemming from Article 5(1), point (f), and Article 7 of Council Directive 2011/70/Euratom is to pursue a strategy combining decommissioning and radioactive waste management activities while initiating the discussions between the JRC and host Member States regarding a potential transfer of the decommissioning and spent fuel and radioactive waste management liabilities in the case of mutual agreements between the Commission and the host Member States. The JRC should provide for and maintain adequate resources to fulfil its obligations with respect to decommissioning and the safety of spent fuel and radioactive waste management. At the same time, the Commission and the JRC should proactively develop and propose innovative legal and financial instruments capable of addressing the long-term uncertainties associated with waste management, with a timescale of several decades, to the host Member States.

Whereas:

Transferring liability of nuclear waste is a very complex process that requires innovative financial instruments that have not been developed yet by the JRC. Developing such instruments would help reassure host Member States and facilitate future transfer agreements.

(1) The purpose of this Regulation is to establish the rules and the procedures for the nuclear safety cooperation and decommissioning activities carried out by the European Atomic Energy Community (‘the Community’) under the Instrument for Nuclear Safety Cooperation and Decommissioning (the ‘Instrument’).

Article 2 – paragraph 4 – subparagraph 1 – point a: (a) to support the decommissioning plan and to carry out the activities in accordance with the national law of the host Member State for the dismantling and decontamination of the Commission’s nuclear installations at the JRC sites, to carry out the safe management of associated radioactive waste and, where appropriate, to prepare the optional transfer of the related nuclear liabilities from the JRC to the host Member State, including by developing and proposing innovative legal and financial instruments capable of addressing the long-term uncertainties associated with waste management, with a timescale of several decades, to the host Member States;

(2) In order to maintain and promote the continuous improvement of nuclear safety and the regulation thereof, the Council adopted Directive 2009/71/Euratom. That Directive and the high standards of nuclear safety, radiation protection, and radioactive waste and spent fuel management implemented in the Community are examples to be used in order to encourage partner countries to adopt similar high standards.

(3) The Community and its Member States are contracting parties to the Convention on Nuclear Safety adopted on 17 June 1994 and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management adopted on 5 September 1997.

Article 2 – paragraph 4 – subparagraph 2: The transfer referred to in the first subparagraph, point (a), shall be voluntary for any host Member State and subject to a bilateral agreement concluded between the Commission and the host Member State. That bilateral agreement shall stipulate that all costs of the decommissioning of the Commission’s nuclear installations at the JRC sites and storage of the associated radioactive waste are to be paid by the Community and shall fully comply with Directive 2011/70/Euratom. The negotiation between the Commission and the host Member State shall be concluded within two years from the date of entry into force of this Regulation. With a view to concluding such agreements, the Commission and the JRC should develop and propose innovative legal and financial instruments capable of addressing the long-term uncertainties associated with waste management, with a timescale of several decades, to the host Member States.

(4) The Member States are parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), concluded a Comprehensive Safeguards Agreement and signed an Additional Protocol to that agreement with the International Atomic Energy Agency.

(5) Since the Treaty establishing the European Atomic Energy Community (‘the Euratom Treaty’) covers both internal and external policies and provides for synergies between the two, this Instrument has two components addressing respectively external and internal activities.

Article 3 a (new): Article 3a / Consistency, synergies and complementarity / In implementing this Regulation, consistency, synergies and complementarity with other Programmes of Union external action, other relevant Union policies and legislative acts such as the Directives 2009/71/Euratom, 2011/70/Euratom and 2013/59/Euratom, Union goals and values and Programmes such as the Euratom research and training programme, as well as policy coherence for development shall be ensured.

(6) The Instrument’s external component should support activities in European and international nuclear safety cooperation, building on the actions previously supported under Council Regulation (Euratom) 2021/948. The external component is consistent with and complements the external action supported under Regulation (EU) 202X/XXXX [Global Europe].

Synergies with other Union policies are essential and need to be emphasised. The Euratom Research and Training programme being the main programme applicable for nuclear research, it seems useful to specifically mention it in the recital.

(6a) The Instrument's external component should also promote international cooperation based on conventions on nuclear safety and radioactive waste management, encouraging partner countries to become parties to those conventions and allowing for periodic peer reviews of their national systems by well-respected international nuclear energy agencies, with the assistance of the International Atomic Energy Agency (IAEA). These peer reviews provide an external assessment of the state-of-play and challenges in nuclear safety in third countries, thereby informing the programming and prioritisation of high-level Union support.

Article 6 a (new): Article 6a / The Commission shall ensure that relevant information on nuclear safety measures supported by the Instrument is made available to the European Parliament. / Third countries cooperating under this Instrument shall ensure that relevant information on nuclear safety measures supported by the Instrument, as well as on nuclear safety standards more generally, is made available to the public, with particular attention to local authorities, populations, workers and stakeholders near nuclear installations. This includes ensuring that competent regulatory authorities and licence holders provide information within their respective responsibilities, in line with applicable legislation and international instruments, without prejudice to overriding interests such as security.

(7) The Instrument’s internal component should support activities in the area of the Commission’s decommissioning and management of radioactive waste (the JRC decommissioning and waste management programme), addressing the Commission’s nuclear liabilities coming from past nuclear research performed at the Joint Research Centre (JRC) sites, namely JRC-Geel in Belgium, JRC-Karlsruhe in Germany, JRC-Ispra in Italy and JRC-Petten in the Netherlands, building on the actions previously supported under Council Regulation (Euratom) 2021/100.

~~It is crucial to ensure transparency of the actions of the Commission and third countries under this Instrument for the sake of nuclear safety transparency and public trust.~~

(8) Programme evaluations have shown that the complex Union funding architecture is a factor hindering the impact of the Union budget, due to administrative burden, which should be reduced, where possible. Therefore, the activities carried out in the field of international nuclear safety cooperation and decommissioning of JRC nuclear research facilities under Regulations (Euratom) 2021/100 and (Euratom) 2021/948 should be regrouped to be governed by a single legal act.

Article 10 a (new): Article10a / Coordination with third countries and international organisations / The Commission shall coordinate its cooperation with third countries and with international organisations pursuing similar objectives, in particular the IAEA and the OECD through the Nuclear Energy Agency. This coordination will enable the Community and the organisations concerned to avoid any duplication of actions and funding in relation to third countries. The Commission shall also involve the competent authorities of Member States and European operators in the fulfilment of its task.

(8a) Such simplification should be accompanied by enhanced transparency, comprehensive and up-to-date strategic planning and reinforced monitoring and oversight of the implementation of the Instrument.

Coordination with international organisations such as the IAEA and the OECD through the Nuclear Energy Agency is essential to avoid duplication of actions and funding and to ensure coherence with international standards. Involving the competent authorities of Member States and European operators further enhances the effectiveness, credibility and impact of Union support by drawing on existing expertise and experience.

(9) The general objective of the Instrument is to contribute in the Union interest to a high level of nuclear safety, radiation protection, safe management of spent fuel and radioactive waste, decommissioning and the application of efficient and effective safeguards of nuclear materials. The instrument should also contribute to strengthening regulatory capacity, transparency and accountability.

Article 12 – paragraph 4: 4. Partner countries seeking to cooperate with the Community on nuclear safety, shall be active parties to the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management or other relevant conventions or have taken steps demonstrating a firm commitment to accede to such conventions. In the case of active co-operation, that commitment shall be evaluated annually taking into account National Reports and other documents on the implementation of relevant Conventions. On the basis of such an evaluation, a decision shall be taken with regard to the continuation of the cooperation. In an emergency, flexibility shall, on an exceptional basis, be shown in the application of those principles.

(10) This Regulation also aims to provide increased flexibility and simplification in the programming approach, including among aid modalities and eligible entities, to respond to unpredicted needs as identified across evaluations and consultations under Regulation (Euratom) 2021/948.

~~It is necessary to evaluate the commitments made by partner countries and to condition the continuation of this cooperation to ensure that these commitments are effectively respected and implemented.~~

(11) Cooperation provided by the Community under this Regulation is not aimed at promoting nuclear energy in partner countries.

~~Article 12 – paragraph 8 a (new): 8a. The actions financed do not go against the interest of the Union and its competitiveness.~~

(12) This Regulation lays down an indicative financial envelope for the overall Instrument. For the purpose of this Regulation, current prices are calculated by applying a fixed 2% deflator. All funds under this Regulation should be allocated in a transparent and accountable manner, subject to appropriate supervision of the Instrument for Nuclear Safety and Cooperation (INSC) Committee.

(13) In a rapidly changing economic, social and geopolitical environment, recent experience has shown the need for a more flexible multiannual financial framework and Union spending programmes. To that effect, and in line with the objectives of this Regulation, the funding should duly consider the evolving policy needs and Union’s priorities, including Europe's competitiveness, resilience and security, as identified in relevant documents published by the Commission, in Council conclusions and European Parliament resolutions while ensuring sufficient predictability for the budget implementation and transparency in the allocation of resources between the Instrument’s external and internal components. In view of an evolving nuclear safety landscape and to ensure effectiveness and transparency, the Commission should adopt a comprehensive and up-to-date strategy guiding the implementation of its actions for international safety cooperation. This strategy should identify the areas of greatest added value of Union action, while considering initiatives by other relevant stakeholders, thereby avoiding duplication.

Article 15 – paragraph 2 – point i a (new): (ia) The development of innovative legal and financial instruments capable of addressing the long-term uncertainties associated with waste management, with a timescale of several decades.

(13a) Financing under this Regulation must be in line with the Union’s geopolitical and security interests, including its technological sovereignty and strategic autonomy. Support should therefore be excluded for any action or country whose involvement would strengthen the capabilities of actors that could undermine the safety and security, or any strategic interests of the Union and its citizens.

Transferring liability of nuclear waste is a very complex process that requires innovative financial instruments that have not been developed yet by the JRC. Developing such instruments should be an activity eligible for funding by the internal part of the instrument.

(14) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council applies to the Instrument. It lays down the rules on the establishment and the implementation of the general budget of the Union, including the rules on grants, prizes, non-financial donations, procurement, and indirect management in the form of financial instruments and budgetary guarantees.

Article 17 – paragraph 1: 1. The Commission shall be assisted by a committee for the Instrument’s external component. The committee's scope shall include the assessment of compliance with the Instrument's general objectives as set out in Article 2(1) and (2). It should take into account the Union's geostrategic priorities and interests in reference to Articles 7 and 12( 8 a). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

(15) The amount of the appropriations allocated to the Instrument as well as the programming period and the distribution of funds among the various activities should be reviewed based on the results of the evaluation carried out pursuant to Article 10 of Regulation (EU, Euratom) 202X/XXXX of the European Parliament and of the Council [Performance Regulation].

As the Commission will get increased budgetary flexibility from the merger of the two distinct instruments into one instrument with two components, stronger governance is needed. The committee should thereby be enabled to oversee compliance with the general objectives of the Instrument. It should also include in its work the geostrategic priorities and interests of the Union.

(16) In accordance with Regulation (EU, Euratom) 2024/2509, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, Council Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulations (EU, Euratom) No 883/2013 and (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council. In accordance with Regulation (EU, Euratom) 2024/2509, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

(17) The Instrument is to be implemented in accordance with Regulation (EU, Euratom) 202X/XXXX [Performance Regulation], which lays down rules for expenditure tracking and the performance framework for the budget, including rules for ensuring a uniform application of the principles of ‘do no significant harm’ and gender equality referred to in Article 33(2), points (d) and (f), of Regulation (EU, Euratom) 2024/2509 respectively, rules for monitoring and reporting on the performance of Union programmes and activities, rules for establishing a Union funding portal and rules for the evaluation of the programmes, as well as other horizontal provisions applicable to all Union programmes such as those on information, communication and visibility. In its Special Report 08/2026 on international nuclear safety cooperation, the European Court of Auditors identified shortcomings in the monitoring of EU-funded actions on nuclear safety. Therefore, the European Court of Auditors recommends inter alia the collection of information on the actual use of the respective outputs after completion of the action, complemented where necessary by means of on-the-spot visits, as well as the systemic inclusion of outcome indicators that align with action objectives and capture the effects of these actions on nuclear safety.

(18) The forms and methods of implementation of Union funding laid down in this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. That should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1), point (a), of Regulation (EU, Euratom) 2024/2509. Implementation should be carried out in a manner that safeguards the Union's security interests, intellectual property, confidentiality, technological leadership and competitiveness, with a particular focus on European technologies or those of strategic interest to the Union.

(19) Coordination of the activities implemented under this Regulation should be achieved via ongoing work and dialogue with Member States, partner countries and their relevant authorities, in particular the competent regulatory authorities in the field of nuclear safety, safeguards and decommissioning to avoid duplication and to promote the exchange of best practices and expertise within the Community.

(19a) The European Parliament should be informed regularly by the Commission about the activities implemented under this Regulation, including through timely reporting and structured dialogue.

(20) To ensure consistent external action implementation, the rules and procedures laid down in Regulation (EU) 202X/XXXX [Global Europe] should apply to the implementation of the Instrument’s external component, where appropriate, and the implementing provisions under this Regulation should refer to the provisions provided for in that Regulation.

(21) For the Instrument’s external component, annual or multiannual action plans and measures referred to in this Regulation should constitute work programmes within the meaning of Regulation (EU, Euratom) 2024/2509. Annual or multiannual action plans should consist of a set of measures grouped into one document.

(22) The Commission should adopt multiannual indicative programmes that are consistent with and complement the multiannual indicative programmes referred to in Chapter 1 of Regulation (EU) 202X/XXXX [Global Europe], while ensuring appropriate visibility of their contribution to the specific objectives of this Instrument.

(23) The overall policy framework for the implementation of the external component of the Instrument should be constituted by the policies as set out in association agreements, partnership and cooperation agreements, multilateral agreements, nuclear cooperation agreements, memoranda of understanding, and other agreements that establish a relationship between the Community and its partner countries, as well as European Council conclusions, European Parliament resolutions and Council conclusions, summit declarations, conclusions of high-level meetings with partner countries, communications from the Commission and joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The selection of cooperation proposals should be based on pre-defined relevant criteria, as defined in the comprehensive strategy to be adopted by the Commission, such as the urgency and magnitude of the nuclear safety risk that the proposals address, the added value of Union action, the maturity of the proposed action, the likely sustainability of the expected results, the necessity to provide financial support including, for revenue-generating nuclear facilities, the financial capacity of beneficiaries, and the geopolitical context in which support is to be provided. This process should be appropriately documented.

(24) While taking the Union’s strategic autonomy and the overarching goal of competitiveness into account, the external component of the Instrument may finance actions in any partner countries in compliance with the criteria set out in this Regulation. Priority should be given to persons and entities from acceding countries, candidate countries, in particular Ukraine, potential candidate countries, and European Neighbourhood Policy countries.

(25) International Cooperation will be based on the Fundamental Safety Principles as stipulated in the IAEA safety standards taking into account the importance of independent regulatory oversight and transparency.

(26) Considering the continued need for safety and security improvement for the peaceful use of nuclear energy in partner countries, the Instrument should pursue the objectives of promotion of the highest level of nuclear safety, radiation protection, safe management of spent fuel and radioactive waste and the application of efficient and effective nuclear safeguards in partner countries. This includes remediation of radiologically contaminated legacy sites, protection of nuclear infrastructure against emerging cybersecurity and physical threats including unmanned aerial systems, enhancing regulatory capacity and preventing long-term environmental harm and potential adverse health effects for workers and the general public, in full compliance with Union and international safety standards.

(27) Considering that the peaceful uses of nuclear energy continue to develop, the Instrument should be fit to carry out activities in emerging fields related to nuclear safety and emergency preparedness and response, for instance by contributing to the safety of small and modular reactors and radiological protection in new radiological medical applications. When carrying out such activities, the interest of the Union and its competitiveness should be taken into account to prevent Union funds from supporting the licensing process of non-European technologies. Such support shall be limited to safety-related aspects, including regulatory capacity, licensing of European technologies, emergency preparedness and response, and waste management, in full alignment with international safety standards, in particular those of the IAEA.

(28) Russia’s war of aggression against Ukraine is causing damages to the Ukrainian infrastructure, including to the country’s nuclear power facilities, as shown by the drone attack on 14 February 2025 to the Chernobyl’s New Safe Confinement. As regards Union support for Ukraine-related needs in the field of nuclear safety, this should be prioritised in light of the security and safety risks posed by damage to nuclear infrastructure. Such prioritisation should be implemented in a transparent manner and should not undermine the continuity of cooperation with other partner countries, in particular in the Union’s neighbourhood. Appropriations mobilised from the Ukraine Reserve referred to in Article 6 of Council Regulation (EU, Euratom) 202X/XXXX [MFF Regulation] may be made available for support provided under the external component of the Instrument in the form of non-repayable support, financial instruments and provisioning of the budgetary guarantee. Support provided to Ukraine under the external component of the Instrument of this Regulation in the form of loans under Council decision 77/270/Euratom should be provided within the amount established in Council decision 77/270/Euratom and ceiling referred to in Article 6 (2), second sub-paragraph of the Global Europe regulation. If those loans are to be provided to Ukraine as sovereign state, they should be covered by the guarantee provided in accordance with Article 2(3), second subparagraph of Council Regulation (EU, Euratom) 202X/XXXX [MFF Regulation]. Accordingly, it is appropriate to provide for derogation from Article 214(1) of Regulation (EU, Euratom) 2024/2509 and set no provisioning rate for those loans to Ukraine as provided by Article 24 (3), last paragraph of the Global Europe Regulation.

(29) With a view to ensuring consistency, the budgetary guarantee and financial instruments, including when combined with non-repayable support in blending operations, under the external component of the Instrument should be implemented in accordance with the applicable rules of Regulation (EU) 202X/XXXX [Global Europe] through agreements concluded for that type of support under Global Europe delivery mechanisms.

(30) For the external component, where Union support under the Instrument is to be provided in the form of a budgetary guarantee or a financial instrument, including where combined with non-repayable support in a blending operation, it is necessary that such support is provided exclusively through the Global Europe delivery mechanisms in accordance with the applicable rules of the Global Europe delivery mechanisms.

(31) Close cooperation and coordination with international organisations pursuing objectives similar to those of the Instrument, as referred to in Chapter 10 Title II of the Euratom Treaty, in particular with the ▌IAEA, is considered necessary for a successful cooperation on nuclear safety.

(32) The most efficient use of available resources can be achieved through coherence and complementarity between the Union’s external financing instruments, as well as through the creation of synergies with other Union policies and programmes such as the Euratom research and training programme. To ensure such efficiency and keep costs under control, the Commission should establish a strong monitoring and oversight framework, ensuring that project costs are estimated and that contractual arrangements with implementing partners include outcome indicators. For revenue-generating nuclear facilities, repayable forms of support should be prioritised where appropriate. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Community and Union programmes, provided that the contributions do not cover the same costs.

(33) The previous financial programme under Regulation (Euratom) 2021/100 demonstrated the additional Community added value by the collection and the dissemination of knowledge. On the basis of Article 8 of the Euratom Treaty, and pursuant to Article 7 of Council Directive 2011/70/Euratom, the JRC is responsible for managing its historical nuclear liabilities and decommission its nuclear installations that have been shut down in accordance with the relevant national legislation. Accordingly, the Nuclear Decommissioning and Waste Management Programme at the JRC was launched in 1999 with a communication to the European Parliament and the Council, and since then the Commission has provided regular updates on the progress of that programme. That knowledge should continue to be structured and made accessible to relevant stakeholders across the Community with the aim that such knowledge and know-how contribute to the competitiveness of the Union’s industrial base and support the development of high-skilled employment and technological innovation within the Union.

(34) The Commission has concluded that the best option to satisfy requirements stemming from Article 5(1), point (f), and Article 7 of Council Directive 2011/70/Euratom is to pursue a strategy combining decommissioning and radioactive waste management activities while initiating the discussions between the JRC and host Member States regarding a potential transfer of the decommissioning and spent fuel and radioactive waste management liabilities in the case of mutual agreements between the Commission and the host Member States. The JRC should provide for and maintain adequate resources to fulfil its obligations with respect to decommissioning and the safety of spent fuel and radioactive waste management as all costs of the decommissioning of the Commission’s nuclear installations at the JRC sites and interim storage and final disposal of the associated radioactive waste are to be paid by the Community until the decommissioning process is complete. At the same time, the Commission and the JRC should proactively develop and propose innovative legal and financial instruments capable of addressing the long-term uncertainties associated with the transfer of waste management, with a timescale of several decades, to the host Member States.

(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

(36) The Commission should immediately adopt applicable implementing acts to adopt or amend annual or multi-annual action plans and measures under the Instrument’s external component where, in duly justified cases relating to the need of a swift response by the Community, imperative grounds of urgency so require. In the implementation of the Instrument’s external component, the Commission is assisted by the INSC Committee.

(37) In accordance with Article 9 of Council Decision 2010/427/EU, the High Representative, in its capacity of Vice-President of the Commission, shall ensure the overall political coordination of the Union’s external action, ensuring its unity, consistency and effectiveness, in particular through the implementation of the present Instrument.

(38) The references to external assistance instruments in Council Decision 2010/427/EU should be read as references to this Regulation and to the Regulations referred to herein. The Commission should ensure that this Regulation is implemented in accordance with the role of the European External Action Service as provided for in that Decision.

(39) In order to ensure continuity in providing support to the relevant policy areas and to allow implementation to start from the beginning of the multiannual financial framework 2028-2034, this Regulation should apply from 1 January 2028.

(40) In the framework of the Union’s restrictive measures, adopted on the basis of Article 29 TEU and Article 215(2) TFEU, no funds or economic resources may be made available, directly or indirectly, to or for the benefit of designated natural or legal persons, entities or bodies. Therefore, such natural or legal persons, entities or bodies, as well as legal persons, entities or bodies owned or controlled by them should not be supported.

(41) Regulations (Euratom) 2021/100 and (Euratom) 2021/948 should therefore be repealed,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes the Instrument for Nuclear Safety Cooperation and Decommissioning (the ‘Instrument’) and lays down the objectives of the Instrument, its indicative budget for the period from 1 January 2028 to 31 December 2034, the forms of Union funding and the rules for providing such funding under the Instrument. It also addresses the specificities of each of the Instrument’s two components: the external component and the internal component.

Article 2

Instrument objectives

1. The general objective of the Instrument’s external component is to contribute to a high level of nuclear safety, radiation protection, safe management of spent fuel and radioactive waste, decommissioning and the application of efficient and effective safeguards of nuclear materials in partner countries, in complementarity with Regulation (EU) 202X/XXXX [Global Europe], and building on the activities within the Community including the relevant Euratom regulatory framework.

2. The general objective of the Instrument’s internal component is to support the decommissioning of the Commission’s nuclear installations at the Joint Research Centre (JRC) sites, in line with the needs identified in the respective decommissioning plans and to safely manage the associated spent fuel, nuclear material and radioactive waste. In addition, the Instrument shall support the sharing of experiences, know-how, best practices and knowledge deriving from the nuclear dismantling and decommissioning process and the management of the resulting radioactive waste that will be shared in a structured manner with the Community’s stakeholders.

3. The Instrument’s external component has the following specific objectives:

(a) to promote an effective nuclear safety and radiation protection culture, and the implementation of the highest nuclear safety and radiation protection standards, including for security of supplies, emergency preparedness and response, capacity development, independence and transparency in decision-making processes of the authorities in partner countries;

(b) to support responsible and safe management of spent fuel and radioactive waste and the decommissioning and remediation of former nuclear sites and installations in partner countries;

(ca) to strengthen the security and resilience of critical energy infrastructure, including nuclear sites, against emerging cybersecurity threats and other hybrid threats such as attacks by unmanned aerial systems.

4. The Instrument’s internal component has the following specific objectives:

(a) to support the decommissioning plan and to carry out the activities in accordance with the national law of the host Member State for the dismantling and decontamination of the Commission’s nuclear installations at the JRC sites, to carry out the safe management of associated radioactive waste, to provide for and maintain adequate resources to fulfil its obligations with respect to decommissioning and the safe management of spent fuel and radioactive waste and, where appropriate, to prepare the optional bilaterally agreed transfer of the related nuclear liabilities from the JRC to the host Member State, including by developing and proposing innovative legal and financial instruments capable of addressing the long-term uncertainties associated with the transfer of waste management, with a timescale of several decades, to the host Member States;

(b) for the JRC to continue developing ties and exchanges among Union stakeholders, including regulators, industry and training institutions, on nuclear decommissioning, with a view to ensuring the systematic dissemination of knowledge, best practices and lessons learned and the sharing of experience in all relevant areas, such as regulation and training, and developing potential Union synergies.

The transfer referred to in the first subparagraph, point (a), shall be voluntary for any host Member State and subject to a bilateral agreement concluded between the Commission and the host Member State. That bilateral agreement shall stipulate that all costs of the decommissioning of the Commission’s nuclear installations at the JRC sites and storage of the associated radioactive waste are to be paid by the Community until the decommissioning process is complete and shall fully comply with Directive 2011/70/Euratom. The nnegotiation between the Commission and the host Member State shall start within two years from the date of entry into force of this Regulation.

Article 3

Budget

1. The programme envelope for the implementation of the Instrument for the period from 1 January 2028 to 31 December 2034 is set at EUR 966 000 000 in current prices (EUR 853 942 000 in 2025 prices).

2. Additionally, financial resources for Ukraine mobilised through article 6 (2) of Regulation (EU) 202X/XXXX [Global Europe] from the Ukraine Reserve in accordance with Article 6 of Regulation (EU, Euratom) 202X/XXXX [MFF Regulation] may be used, where appropriate, to provide for Union support to Ukraine under this Regulation.

3. Appropriations may be entered in the Union budget beyond 2034 to cover the expenses necessary and to enable the management of actions not completed by the end of the Instrument.

4. The financial envelope referred to in paragraph 1 of this Article, the financial resources referred to in paragraph 2 of this Article and the amounts of additional resources referred to in Article 3 may also be used for technical and administrative assistance for the implementation of the Instrument, such as preparatory, monitoring, control, audit and evaluation activities, corporate information technology systems and platforms, information, visibility and communication activities, including corporate communication on the political priorities of the Union and all other technical and administrative assistance or staff-related expenses incurred by the Commission for the management of the Instrument.

5. For the Instrument’s external component, the rules and procedures concerning carry overs, annual instalments, repayments, revenue and recoveries from financial instruments financed under this Instrument or its predecessors, and surpluses from the budgetary guarantees and loans provisioned under this Instrument or its predecessors, laid down in Article 22 of Regulation (EU) 202X/XXXX [Global Europe] shall apply to the implementation of this Regulation.

Article 3a (new)

Consistency, synergies and complementarity

The implementation of this Regulation shall ensure consistency, synergies and complementarity with other Programmes of Union external action, other relevant Union policies and legislative acts such as Directives 2009/71/Euratom, 2011/70/Euratom and 2013/59/Euratom, Union goals and values and Programmes such as the Euratom research and training programme, and policy coherence for development.

Article 4

Additional resources

Member States, Union institutions, bodies and agencies, partner countries, international organisations, international financial institutions, or other public or private third parties, may make additional financial or non-financial contributions to the Instrument. The origin, purpose and conditions of such contributions shall be transparent. The additional financial contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a), (d), or (e) or Article 21(5) of Regulation (EU, Euratom) 2024/2509.

Article 5

Alternative, combined and cumulative funding

1. The Instrument shall be implemented in synergy with other Community and Union programmes. An action that has received a Community and a Union contribution from another programme may also receive a contribution. The rules of the relevant Union programme shall apply to the corresponding contribution, or a single set of rules may be applied to all contributions and a single legal commitment may be concluded. If the Union contribution is based on eligible costs, the cumulative support from the Union budget shall not exceed the total eligible costs of the action and may be calculated on a pro-rata basis in accordance with the conditions for support.

2. Award procedures under the Instrument may be jointly conducted under direct or indirect management with Member States, Union institutions, bodies and agencies, partner countries, international organisations, international financial institutions, or other public or private third parties (‘partners to the joint award procedure’), provided the protection of the financial interests of the Union is ensured. Such procedures shall be subject to a single set of rules and lead to the conclusion of single legal commitments. For that purpose, the partners to the joint award procedure may make resources available to the Instrument in accordance with Article [4] of this Regulation, or the partners may be entrusted with the implementation of the award procedure, where applicable in accordance with Article 62(1), point (c), of Regulation (EU, Euratom) 2024/2509. In joint award procedures, representatives of the partners to the joint award procedure may also be members of the evaluation committee referred to in Article 153(3) of Regulation (EU, Euratom) 2024/2509.

Article 6

Implementation and forms of Union funding

1. The Instrument shall be implemented in accordance with Regulation (EU, Euratom) 2024/2509, under direct management or in indirect management with entities referred to in Article 62(1), point (c) of that Regulation.

2. Union funding may be provided in any form in accordance with Regulation (EU, Euratom) 2024/2509, in particular grants, prizes, procurement, non-financial donations, budgetary guarantees, financial instruments and blending operations.

Article 6a (new)

Transparency and dissemination of information

The Commission shall ensure full transparency in the implementation of the Instrument, on the allocation of funds under the Instrument and on nuclear safety measures supported by the Instrument. The Commission shall ensure that relevant information is regularly made available to the European Parliament.

Third countries cooperating under this Instrument shall ensure that relevant information on nuclear safety measures supported by the Instrument, as well as on nuclear safety standards more generally, is made available to the public, with particular attention to local authorities, populations, workers and stakeholders near nuclear installations. This includes ensuring that competent regulatory authorities and licence holders provide information within their respective responsibilities, in line with applicable legislation and international instruments, without prejudice to overriding interests such as security.

CHAPTER II

IMPLEMENTATION OF THE INSTRUMENT’S DIFFERENT COMPONENTS

Section 1: Specific provisions for the implementation of the Instrument’s external component

Article 7

Policy framework

The policies, as set out in association agreements, partnership and cooperation agreements, including nuclear cooperation agreements, multilateral agreements, legally non-binding instruments, such as memoranda of understanding, declarations and other agreements that establish a relationship between the Union and/or the Community and its partner countries, as well as European Council conclusions and Council conclusions, European Parliament resolutions, summit declarations, conclusions of high-level meetings with partner countries, strategies and communications from the Commission and joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of the Instrument.

Article 8

Implementation and eligibility in alignment with Global Europe

1. Unless otherwise specified in this Regulation, Union financing for the Instrument’s external component shall be implemented in accordance with this Regulation, Regulation (EU, Euratom) 2024/2509, and as appropriate Chapter II and Chapter III of Title II of Regulation (EU) 202X/XXXX [Global Europe] with the exception of Articles 19, 20(2) and (3) and 26 of that Regulation. The eligibility rules set out in Articles 20(1) and (4) to (12) of Regulation (EU) 202X/XXXX [Global Europe] shall apply to all actions financed under the external component.

2. Where Union support is provided in the form of a budgetary guarantee or a financial instrument, including where combined with non-repayable support in a blending operation, it shall be exclusively provided through the Global Europe delivery mechanism and implemented in accordance with the applicable rules of the Global Europe delivery mechanism through agreements concluded for that type of support under the Global Europe delivery mechanisms.

3. Union support in the form of a budgetary guarantee shall be provided within the maximum amount of the budgetary guarantee established by the Global Europe Regulation.

4. Where the Instrument makes use of the Global Europe delivery mechanism, it shall provide the provisioning for the budgetary guarantee and the financing to financial instruments, including when combined with non-repayable support in the form of a blending operation.

Article 9

Euratom loans

1. Union support to Ukraine in the form of loans under Council Decision 77/270/Euratom shall be provided within the maximum amount referred to in Article 6 (2), second sub-paragraph of Regulation (EU) 202X/XXXX [Global Europe]. The provisions of the Article 24 (3), last paragraph of Regulation (EU) 202X/XXXX [Global Europe] shall apply to loans to Ukraine under Council Decision 77/270/Euratom.

2. The provisioning rate for Union support in the form of loans to Armenia under Council Decision 77/270/Euratom shall be the provisioning rate set out in Article 24 of Regulation (EU) 202X/XXXX [Global Europe].

Article 9a

Strategic framework for international safety cooperation

1. The Commission shall strengthen the strategic framework for international nuclear safety cooperation by developing and subsequently maintaining an up-to-date and comprehensive strategy; such a strategy should be adopted by the end of 2027 at the latest, in order to guide the cooperation actions under the Instrument.

That strategy shall identify the areas of greatest added value of Union action, taking into account initiatives by other relevant stakeholders. It shall also set out the objectives to be achieved, including, where appropriate, quantifiable targets, the tools to be used, and the stakeholders involved, as well as the arrangements for their coordination.

2. The Commission shall, in particular:

(a) reinforce the selection of cooperation actions on the basis of predefined and relevant criteria, including the urgency and magnitude of the nuclear safety risk addressed, the added value of Union action, the maturity of the proposed action, the expected sustainability of results, the benefits for the Union’s industrial base and the geopolitical context in which support is to be provided; that selection process shall be appropriately documented;

(b) where actions concern revenue-generating nuclear facilities, including nuclear power plants, assess the beneficiary’s capacity to finance its own safety programmes and consider, where appropriate, whether financing through loans or other repayable forms of support would be more suitable;

(c) where actions concern the operation and safety of nuclear power plants, due consideration shall be given in the selection of implementing entities to Union organisations with a demonstrated track record in the safe and sustainable long-term operation in the nuclear field, in accordance with the highest international safety standards.

Article 10

Multiannual indicative programmes

1. The implementation of the Instrument’s external component shall be carried out through multiannual indicative programmes adopted by means of implementing acts in accordance with the examination procedure referred to in Article 17(3). Such multiannual indicative programmes shall:

(a) aim to provide a coherent framework for cooperation between the Community and partner countries or regions concerned, in a manner consistent with the overall purpose and scope, objectives, principles and policy of the Community and based on the policy framework referred to in Article 7 of this Regulation;

(b) constitute a general basis for the nuclear safety cooperation under the Instrument and set out the Community’s goals for cooperation, having regard to the needs of the countries concerned, the Community’s priorities, the international situation and the activities of the partner countries concerned;

(c) indicate the added value of the cooperation referred to in point (b) and how to avoid overlapping other programmes and initiatives, in particular those of international organisations pursuing similar objectives and those of other major donors;

(d) set out the geographic and policy priorities selected for Union financing, the specific objectives, the expected outcomes and, where appropriate, the indicative financial allocations and the methods of implementation.

(e) be based on dialogue with the partner countries or regions which involves relevant stakeholders, especially the governmental and regulatory authorities and the organisations designated by them, as well as, where appropriate, on consultations with the European Nuclear Safety Regulators Group (‘ENSREG’) established by Commission Decision 2007/530/Euratom.

(ea) establish, from the outset, appropriate mitigating measures to minimise delays and cost overruns during the implementation of the programme and its actions. Those measures shall include upfront cost estimates, performance incentives in contractual arrangements and sufficient pledges from other donors where multi-donor funding mechanisms are involved;

(eb) provide for a strong monitoring mechanism of Union-funded nuclear safety actions, including through information collection on the actual use of outputs following the completion of actions, the compliance of the beneficiary with sound financial management obligations, the systematic inclusion of outcome indicators aligned with the objectives of the actions and capable of capturing their effects on nuclear safety and, where necessary, on-the-spot visits.

2. The multiannual indicative programmes may be reviewed on an ad hoc basis as necessary for their effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 6 or following a situation of crisis or post-crisis. The examination procedure referred to in Article 17(3) shall also apply to reviews, which have the effect of significantly amending the content of the multiannual indicative programme.

Article 10a (new)

Coordination with third countries and international organisations

The Commission shall coordinate its cooperation with third countries and with international organisations pursuing similar objectives, in particular the IAEA and the OECD through the Nuclear Energy Agency. This coordination will enable the Community and the organisations concerned to avoid any duplication of actions and funding in relation to third countries. The Commission shall also involve the competent authorities of Member States and Union operators in the fulfilment of its task.

Article 11

Adoption of action plans and measures

1. Annual or multiannual action plans and measures under the Instrument’s external component shall constitute work programmes within the meaning of Regulation (EU, Euratom) 2024/2509.

2. The Commission shall adopt, by means of implementing acts, the action plans and measures referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(3).

3. The examination procedure referred to in paragraph 2 shall not be required for:

(a) special measures and support measures for which the Union funding does not exceed EUR 10 million;

(b) technical amendments, provided that they do not substantially affect the objectives of the action plan or measure concerned, such as:

(i) change of method of implementation;

(ii) reassignments of funds between actions contained in an action plan;

(iii) increase of the budget of action plans and measures by not more than 20% of that budget.

When adopted in accordance with this paragraph, special measures and support measures as well as technical amendments shall be communicated to the Member States through the committee referred to in Article 17(1), within one month of their adoption. They shall also be communicated to the European Parliament.

4. On duly justified imperative grounds of urgency relating to the need for a swift response from the Community, the Commission shall adopt or amend the action plans or measures referred to in paragraph 1 of this Article by means of immediately applicable implementing acts in accordance with the procedure referred to in Article 17(4).

Article 12

Criteria for international cooperation

1. The external component of the Instrument may finance actions in partner countries in compliance with the criteria set out in this article.

2. A common understanding or a reciprocal agreement between the partner country and the Community shall be the basis for cooperation.

3. Partner countries seeking to cooperate with the Community on nuclear safeguards shall be parties to the Treaty on the Non-Proliferation of Nuclear Weapons and shall have concluded a Comprehensive Safeguards Agreement with the IAEA or shall have the Additional Protocol with the IAEA in force.

4. Partner countries seeking to cooperate with the Community on nuclear safety, shall be active parties to the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management or other relevant conventions or have taken steps demonstrating a firm commitment to accede to such conventions. In the case of active cooperation, that commitment shall be evaluated annually taking into account National Reports and other documents on the implementation of relevant Conventions. On the basis of such an evaluation, a decision shall be taken with regard to the continuation of the cooperation. In an emergency, flexibility shall, on an exceptional basis, be shown in the application of those principles.

5. Partner countries seeking to cooperate with the Community on emergency preparedness and response, radiation protection or radioactive waste management and not meeting criteria (3) or (4) should not have any nuclear installations on their territory.

6. Cooperation with partner countries not fulfilling the criteria in Articles 12(3) to (5) shall be of exceptional nature, upon direct request from the concerned partner countries, and limited to support requested by them in case of a nuclear accident or radiological emergency event as referred to in the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.

7. Cooperation with candidates or potential candidates, who are not in a position to meet the criteria in Articles 12(3) to (6) due to their country status, is an exception. Such cooperation shall be aligned with the strategic framework and be subject to prior consultation of the INSC Committee.

8. In order to ensure and monitor compliance with the cooperation-related objectives of the Instrument, the partner country concerned shall accept the evaluation of the actions undertaken and provide the necessary transparency to this end. That evaluation shall allow the monitoring and verification of compliance with the objectives and shall be a condition for continued payment of the Community contribution. The Commission shall inform the European Parliament and the Council of the main findings of those evaluations.

(8a) The actions financed under the external component shall not undermine the interests of the Union, including its geostrategic interests, its security interests and its competitiveness.

Article 13

EUROPEAN EXTERNAL ACTION SERVICE (EEAS)

The Instrument’s external component shall be implemented taking into account the role of the EEAS as provided for in Council Decision 2010/427/EU, in particular Articles 3 and 9 thereof.

Section 2: Specific provisions for the implementation of the Instrument’s internal component

Article 14

Work programmes

1. The implementation of the Instrument’s internal component shall be carried out by work programmes referred to in Article 110 of Regulation (EU, Euratom) 2024/2509.

The work programme for the Instrument’s internal component shall:

(a) aim to provide an overview of the activities planned over the period covered by the multiannual work programme;

(b) constitute a general basis for the implementation of the activities covered by this Regulation and be based on the highest nuclear safety standards and best practices in addressing the Community’s nuclear liabilities.

Article 15

Implementation and forms of Union funding and eligibility criteria for the implementation of the Instrument’s internal component

Unless otherwise specified in this Regulation, Union financing for the Instrument’s internal component shall be implemented in accordance with this Regulation, Regulation (EU, Euratom) 2024/2509.

Only the following activities shall be eligible for Union funding under the Instrument’s internal component:

(a) safe conservation and operation of shutdown nuclear facilities;

(b) dismantling of obsolete or unused nuclear installations, or both;

(c) safe management of radioactive waste and spent fuel, including collection, characterisation, treatment, transport and storage;

(d) reduction of the nuclear material inventory at the JRC sites;

(e) development and construction of radioactive wastes management facilities;

(f) production and periodic update of decommissioning plans, technical studies, licensing files and cost estimates, including life-cycle cost projections

(g) external support for project design, evaluation, management;

(h) operational support, including radiation protection, equipment and facilities maintenance;

(i) negotiation with host Member States in view of the transfer of the Commission’s nuclear liabilities;

(ia) the development of innovative legal and financial instruments capable of addressing the long-term uncertainties associated with the transfer of waste management, with a timescale of several decades;

(ib) the JRC's obligations regarding decommissioning and the safety of spent nuclear fuel and radioactive waste management following the transfer of nuclear responsibilities to the host Member States;

(j) communication and cooperation with external stakeholders;

(k) collection, production, assessment and dissemination of nuclear decommissioning knowledge, including training activities;

(l) any other activity supporting the achievement of the decommissioning of the Commission’s nuclear installations at the JRC sites and nuclear decommissioning and waste management knowledge as referred to in Article 2.

Article 16

Knowledge-sharing provision

1. Knowledge created in the implementation process of the JRC Decommissioning and Waste management programme shall be systematically disseminated at the Community level, with the aim that such knowledge and know-how contribute to the competitiveness of the Union’s industrial base and support the development of high-skilled employment and technological innovation within the Union.

2. Activities for accomplishing the activity referred to in paragraph 1 shall be financed under the Instrument. The JRC shall coordinate the structuring and dissemination of knowledge to Member States, including to regulatory authorities, operators, waste management organisations and research bodies where relevant.

3. The process of dissemination of knowledge shall be included and defined in the work programmes referred to in Article 16.

CHAPTER III

IMPLEMENTING POWERS, TRANSITIONAL AND FINAL PROVISIONS

Article 17

Committee procedure

1. The Commission shall be assisted by a committee (INSC Committee) for the Instrument’s external component. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. The committee shall meet in different configurations depending on the topic or subject matter.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply.

4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

5. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

6. In accordance with international agreements concluded by the Union, representatives of partner countries or international organisations may be invited as observers in the meetings of the committee under the conditions laid down in its rules of procedure, taking into account the security and public order of the Union or its Member States. Representatives of partner countries or international organisations shall not be present in deliberations on matters related to eligibility criteria as per article 8 and 12 of this Regulation.

(6a) The Commission shall ensure that the committee is duly consulted, in accordance with Regulation (EU) No 182/2011, in particular in the preparation and selection of programmes under the Instrument’s external component. The committee's scope shall include the evaluation of the strategy developed by the Commission according to article 9a, the assessment of compliance with the Instrument's general objectives as set out in Article 2(1) and (2) and the review of any use of budgetary flexibility, in particular with regard to transfers of funds between the external and internal components of the Instrument. It shall take into account the Union's geostrategic priorities and interests in reference to Articles 7 and 12(8a). The committee shall meet at least annually to review the implementation of the annual or multiannual work programmes and to ensure the proper monitoring and coordination of the Instrument’s activities.

Article 18

Repeal

Regulations (Euratom) 2021/100 and (Euratom) 2021/948 are repealed with effect from 1 January 2028.

Article 19

Transitional provisions

1. This Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under Regulations (Euratom) 2021/100 and (Euratom) 2021/948, which shall continue to apply to those actions until their closure.

2. The financial envelope for the Instrument may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Instrument and the measures adopted under Regulations (Euratom) 2021/100 and (Euratom) 2021/948.

Article 20

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2028.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

EXPLANATORY STATEMENT

Finally, the amendments also promote coherence and synergies between the different policies of the Union including the Euratom Research and Training Programme and strengthen the governance framework.

BUDGETARY ASSESSMENT OF THE COMMITTEE ON BUDGETS

for the Committee on Industry, Research and Energy

on the proposal for a Council regulation establishing the Instrument for Nuclear Safety Cooperation and Decommissioning for the period 2028-2034 and repealing Regulations (Euratom) 2021/100 and (Euratom) 2021/948

(COM(2025)0598 – C10-0262/2025 – 2025/0265(CNS))

Rapporteur for budgetary assessment: Rasmus Andresen

The Committee on Budgets has carried out a budgetary assessment of the proposal under Rule 58 of the Rules of Procedure and has reached the following conclusions:

The Committee on Budgets,

A. whereas the Instrument for Nuclear Safety Cooperation and Decommissioning (INSCD) has been proposed to contribute to a high level of nuclear safety, radiation protection, the safe management of spent fuel and radioactive waste, decommissioning, and the application of efficient and effective safeguards concerning nuclear materials, thereby merging into one programme activities relating to the promotion of international nuclear safety cooperation, as well as activities concerning the decommissioning and management of radioactive waste; whereas this merger should not undermine the full traceability of resources nor the clear identifiability, in the programming and budgetary documents, of expenditure on international nuclear safety cooperation, on the one hand, and expenditure on decommissioning and radioactive waste management activities, on the other;

B. whereas nuclear safety is a public good, and past programmes have demonstrated the added value of collecting and disseminating knowledge linked to nuclear safety and decommissioning;

C. whereas several nuclear power plants in central and eastern Europe still depend on Russian technology;

D. whereas the continuity of decommissioning and radioactive waste management activities requires stable, predictable and adequately funded multiannual programming in order to avoid delays, cost increases and the loss of strategic expertise;

E. whereas high levels of nuclear safety limit the risks associated with the management of nuclear facilities;

1. Agrees that the programme envelope should be set at EUR 0.97 billion in current prices (EUR 0.85 billion in 2025 prices) in order to fulfil the programme’s objectives; stresses that the programme envelope should ensure sufficient and predictable resources for both nuclear safety cooperation actions and for activities related to decommissioning and the safe management of radioactive waste;

2. Considers that sufficient human and technical resources must be available from the outset and throughout the entire programming period of the 2028-2034 multiannual financial framework (MFF) to ensure that the INSCD is implemented effectively and the necessary technical expertise is maintained; calls, therefore, on the Commission to estimate costs, including management costs, upfront;

3. Insists that sufficiently detailed and sound legislation, with an appropriate level of governance, is a condition for proper budgetary decision-making and adequate parliamentary oversight, and that this must be maintained by ensuring transparency in the implementation of the INSCD and keeping the European Parliament informed on a regular basis; stresses, in particular, the need for the programme structure to make it possible to clearly identify, in the programming and budgetary documents, the distribution of resources among the different components of the instrument;

4. Stresses that the Joint Research Centre’s decommissioning activities meet long-term legal and technical obligations; considers, therefore, that stable and predictable financial programming is a condition for sound budgetary management, allowing for timely contractual renegotiations and implementation, ensuring maximum impact of the EU budget;

5. Recalls that the proposal includes the possibility of using a budgetary guarantee; stresses that the budgetary implications of borrowing and lending operations under the INSCD must be clearly identified, transparently presented and carefully monitored throughout the 2028-2034 MFF period; underlines, in particular, that their potential impact on the MFF’s budgetary headroom or other guarantees must be fully assessed and duly taken into account; insists that all decisions related to such operations must fully respect the powers of the co-legislators and the prerogatives of the budgetary authority; underlines that such instruments should be used strategically to maximise the impact, efficiency and sustainability of EU funding, while ensuring full transparency, sound risk management and respect for the prerogatives of the budgetary authority;

6. Takes note of the suggested complementarity between the INSCD and other programmes, such as Global Europe; stresses that enhanced complementarity between instruments must not come at the expense of expenditure traceability or the prerogatives of the budgetary authority; underlines that the contribution of the INSCD to operations financed jointly with other instruments must be explicitly identifiable at all stages of the budgetary cycle; stresses, in this regard, that any such contribution must be duly reflected in the INSCD’s programme performance statement; insists that the budgetary authority retain full control over how resources are combined across instruments and over the effective contribution of each programme to EU priorities, specifically through detailed budgetary nomenclature; stresses that enhanced complementarity between programmes must not lead to disproportionate complexity for beneficiaries; calls for EU funding to be clearer, more accessible and more coherent in order to facilitate uptake and maximise the impact of investments;

7. Stresses that the use of external assigned revenue under the INSCD must be clearly defined, transparent and subject to effective parliamentary scrutiny; takes note, in that regard, of the provisions relating to additional financial contributions from any participating non-EU country and other donors; underlines that, should the Committee on Industry, Research and Energy consider amending provisions relating to external assigned revenue, this should be done in coordination with the Committee on Budgets and the other committees in order to ensure a consistent approach; reiterates that the use of this revenue should in no way circumvent the annual budgetary procedure or weaken parliamentary scrutiny over the implementation of the programme;

8. Stresses that there is a need to ensure and emphasise synergies and complementarity with other EU policies and programmes, such as the Euratom Research and Training Programme;

9. Recalls the proposal for a regulation establishing a budget expenditure tracking and performance framework and other horizontal rules for the Union programmes and activities (performance regulation), which establishes a single streamlined list of performance indicators and monitoring and evaluation provisions, some of which are relevant to the INSCD; underlines that any change to the architecture, objectives and eligible actions under the programme will need to be appropriately reflected in Annex I of the performance regulation, as part of the process of amending and negotiating that regulation; points out that while sectoral legislation can supplement the performance regulation, for instance as regards programme evaluations, it should remain consistent with the provisions of that regulation;

10. Points out that the Commission should establish mitigating conditions to minimise delays and cost overruns during the implementation of actions relating to the INSCD; considers, in this regard, that all costs, management costs included, should be estimated upfront and that the estimated costs and the availability of sufficient pledges from other donors be taken into account before decisions on financing actions are taken; underlines that contractual arrangements with implementing partners under the indirect management mode include performance incentives that promote the delivery of outputs on time and on budget;

11. Recalls that under Article 6(2) and (3) of Regulation (EU, Euratom) 2024/2509 (Financial Regulation), a general regime of conditionality in cases of breaches to the rule of law applies to the establishment and implementation of the budget; underlines, furthermore, that the Member States and the Commission must, in the implementation of the budget, ensure compliance with the Charter of Fundamental Rights of the European Union and respect the values on which the EU is founded, as enshrined in Article 2 of the Treaty on European Union.

AMENDMENT

As part of its budgetary assessment, the Committee on Budgets also submits the following amendments to the proposal:

Article 3 – Paragraph 1: The programme envelope for the implementation of the Instrument for the period from 1 January 2028 to 31 December 2034 is set at EUR 966 000 000 in current prices (EUR 853 942 000 in 2025 prices).