Changes from plenary report to adopted text

(Consultation)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2025)0476),

– having regard to the 2003 Act of Accession, and in particular Article 3(2) of Protocol No 4 attached thereto,

– having regard to the budgetary assessment by the Committee on Budgets,

– having regard to the report of the Committee on Industry, Research and Energy (A10-0197/2026),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

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

2025/0268(NLE)

Proposal for a

COUNCIL REGULATION

establishing the nuclear decommissioning assistance programme of the Ignalina nuclear power plant in Lithuania for the period 2028-2034, and repealing Regulation (EU) 2021/101

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the 2003 Act of Accession, and in particular Article 3(2) of Protocol No 4 attached thereto,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with Protocol No 4 on the Ignalina nuclear power plant attached to the 2003 Act of Accession, which constitutes the legal basis of the Ignalina Programme, Lithuania committed itself to the closure of Unit 1 and Unit 2 of the Ignalina nuclear power plant by 31 December 2004 and 31 December 2009 respectively, and to the subsequent decommissioning of those units.

(2) In accordance with its obligations under the Act of Accession and with Union assistance, Lithuania shut down the two units within the respective deadlines and made significant progress towards their decommissioning. Further work is necessary in order to continue the decrease of the level of radiological hazard. Based on the available estimates, additional financial resources are required for this purpose beyond 2027.

(3) The decommissioning of the nuclear power plant covered by this Regulation is to be carried out in accordance with Union legislation on nuclear safety, namely Council Directive 2009/71/Euratom, and waste management, namely Council Directive 2011/70/Euratom. Pursuant to this legislation, the ultimate responsibility for nuclear safety and for the safety of spent fuel and radioactive waste management remains with Lithuania. However, given that the financial burden associated with those activities exceeds the total costs of the decommissioning programme, it is essential to ensure that Lithuania does not bear this responsibility alone, particularly as addressing potential safety threats benefits the Union as a whole, not only Lithuania.

(4) Recognising that the premature shutdown and consequent decommissioning of the Ignalina nuclear power plant with two 1 500 MW RBMK-type reactor units which are similar to, but more powerful than, those used in the Chernobyl Nuclear power plant (‘Chernobyl NPP’) inherited from the Soviet Union was of an unprecedented nature and represented for Lithuania an exceptional financial burden not commensurate with the size and economic strength of the country, Protocol No 4 to the 2003 Act of Accession stated that the Union assistance under the nuclear decommissioning assistance programme of the Ignalina nuclear power plant in Lithuania (the ‘Programme’) is to be seamlessly continued and extended beyond 2006, for the period of the next Financial Perspectives. The original principles of the Programme, as stipulated by the Protocol no. 4, state that ‘the extended Ignalina programme shall be based on the same elements and principles as described in Article 2 of the Protocol, including measures to enhance the security of energy supply and improving energy efficiency in Lithuania’. However, in order to ensure transparent and efficient use of funds, the ongoing Ignalina Programme, as agreed by Lithuania, is focused only on the decommissioning process, thereby maximising funding efficiency.

(5) This Regulation lays down a reference amount for the Programme for the period 2028-2034.

(6) In implementing the Programme, consistency, coherence and synergies with relevant Union policies and programmes, in particular with the Instrument for Nuclear Safety Cooperation and Decommissioning established by Council Regulation [XXX], and with relevant Union and national policies and programmes supporting the social and economic transition of the Visaginas region, should be ensured.

(7) 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 the Programme, the funding, while ensuring the delivery of the budget allocation for the period 2028-2034 and sufficient predictability for budget implementation, should duly consider the evolving policy needs and Union priorities as identified in relevant documents published by the Commission, in European Parliament resolutions, and Council conclusions. ▌

(8) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council applies to the Programme. 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, indirect management, financial assistance, financial instruments and budgetary guarantees.

(9) In accordance with Regulation (EU, Euratom) 2024/2509, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, Council Regulation (EC, Euratom) No 2988/95, Council Regulation (Euratom, EC) No 2185/96, and Council Regulation (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.

(9a) The Programme should be implemented with full transparency and accountability in the use of Union resources in order to preserve public trust in the managing of Union funds. All financial needs underpinning each phase of the implementation should be documented and justified in a transparent manner, with a clear breakdown of the budget to be made available to the relevant institutions.

(10) The Programme is to be implemented in accordance with Regulation (EU) [XXX] of the European Parliament and of the Council [Performance Regulation] which establishes the rules for the 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, 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.

(11) This Regulation does not prejudge the outcome of any future State aid procedures that may be undertaken in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU).

(12) The financing pursuant to this Regulation should concentrate on activities implementing the safety objectives of the decommissioning and mitigating risks.

(13) The Programme should involve the creation of knowledge and the sharing of experience with the objective of retaining such knowledge and expertise within the Union to strengthen its industrial competitiveness and strategic autonomy. Knowledge and experience gained and lessons learnt under the Programme with regard to the nuclear decommissioning process and waste management should be disseminated across the Union and, where appropriate and under certain conditions, beyond, without disclosing any sensitive information held by undertakings, in coordination and synergy with the Commission’s nuclear installations at the Joint Research Centre (JRC) sites, as such measures bring the greatest Union added value and contribute to the development of nuclear safety skills, the safety of the workers and the general public as well as protection of the environment. The scope, procedure and economic aspects of cooperation should be detailed in multiannual work programmes and could also be subject to agreements between the Member States or between the Member States and the Commission.

(13a) The Programme should ensure the highest standards of radiation protection for workers involved in decommissioning activities and for the general public and the environment, including health and safety measures, skills development, and fair working conditions, in full respect of Union laws, standards and the precautionary principle. Given the potentially severe and long-term risks associated with nuclear installations and the management of radioactive waste, all activities under the Programme should avoid placing undue burdens on future generations.

(14) The JRC should facilitate the dissemination of knowledge on nuclear decommissioning among different Union stakeholders in a coordinated way, for example by carrying out market analysis, reviews and assessments of knowledge needs in the Union and, where relevant, third countries, identifying potential directions for cooperation, interested stakeholders and spheres in which knowledge created in the implementation of the Programme would bring the greatest added value, and developing formats for knowledge sharing. The dissemination of knowledge created should be financed by the JRC. Any Member State should be able to initiate the development of ties and exchanges for knowledge dissemination. Where relevant, such exchanges could involve third countries, where such cooperation aligns with the Union’s strategic interests and priorities, in consistency and complementarity with actions carried out under Regulation [XXX] of the European Parliament and of the Council [Global Europe] and Council Regulation [XXX] [INSC-D]. In order to strengthen the Union’s technological sovereignty and strategic autonomy in the nuclear decommissioning sector, knowledge generated under the Programme should primarily reinforce Union capacities. Any dissemination beyond the Union should be duly controlled and subject to appropriate confidentiality requirements, ensuring the protection of the Union’s security interests, intellectual property and technological leadership.

(15) The decommissioning of the Ignalina nuclear power plant should be carried out with recourse to the best available technical expertise, and with due regard to the nature and technological specifications of the installations to be decommissioned, in order to ensure safety and the highest possible efficiency, taking into account European and international best practices, ensuring the highest level of nuclear safety and environmental protection, and considering the need to minimise risks throughout the entire lifecycle of decommissioning activities.

(15a) In light of the evolving security environment and the threats posed to critical infrastructure, including to nuclear decommissioning sites, by unmanned aerial systems, as demonstrated by the drone attack on the Chernobyl nuclear power plant in February 2025, the Programme should also be able to finance measures to increase the security of the nuclear facility site from such hybrid threats.

(16) The efficiency of the Programme should be enhanced through improved organisation and the optimal use of human resources. In view of the dismantling activities to be performed during 2028-2034 and the planned outsourcing of the full dismantling of reactor shaft central zones, targeted upskilling, reskilling and training measures should be implemented to support the adaptation and redeployment of personnel. Where workforce adjustments due to outsourcing are considered, they should only take place once the outsourcing has been implemented and should be coupled with retraining and reskilling policies. Such adjustments should not endanger the safe and effective conduct of the decommissioning process.

(17) An effective monitoring and control of the evolution of the decommissioning process should be ensured by Lithuania and the Commission in order to ensure the highest Union added value of the funding allocated under this Regulation, although the ultimate responsibility for the decommissioning remains with Lithuania. The monitoring and control include effective measurement of progress, and the enacting of corrective measures where necessary. To that end, as part of work programmes adopted in accordance with Article 9 of Council Regulation (EU) 2021/101, a committee with monitoring and information functions has been established and co-chaired by a representative of the Commission and of Lithuania.

(18) It should be possible to review the level of the appropriations allocated to the Programme on the basis of comprehensive implementation report with a view to ensuring the continuous and uninterrupted delivery of decommissioning activities. Any such review should take into account evolving risks, including those related to the protection of critical infrastructure, while ensuring that nuclear safety is maintained at all times.

(19) Activities co-financed under this Regulation should be identified within the boundaries laid down by the decommissioning plan submitted by Lithuania under Regulation (Euratom) 1369/2013, and its subsequent revisions. The decommissioning plan defines the scope of the Programme, the decommissioning end-state and end-date; it covers the decommissioning activities, their associated schedule, costs and required human resources. Where relevant, in accordance with the provisions of Lithuanian law or within a shorter time frame, in case of any significant event that has an impact on the content of that plan, Lithuania should submit an updated decommissioning plan to the Commission for its consideration in preparing the multiannual work programmes.

(20) Activities under the Programme should be conducted with a joint financial effort by the Union and Lithuania. A maximum Union co-financing threshold has been established in line with the co-financing practice established under the predecessor programmes. Taking into account the practice of comparable Union programmes and the strengthened Lithuanian economy, from the inception of the Programme until the end of the implementation of the activities financed under this Regulation, the Union co-financing rate should be as close to 86% as possible of eligible costs. The remaining co-financing should be provided by Lithuania and sources other than the Union budget, such as international financial institutions and other donors. Since the beginning of the Programme, Lithuania has contributed about 14% to direct decommissioning activities. However, as the Programme does not cover certain related activities, including physical and fire safety, Lithuania's actual contribution is higher. At the same time, Lithuania continues to bear full responsibility for the socio-economic development of Visaginas, a city purpose-built for the nuclear power plant, which remains significantly affected by the highest unemployment rate following the closure of the plant. While those challenges are hereby acknowledged, funding under this Programme should not be used to address them, and should, where necessary, be supported by resources from other funds.

(21) Due account was taken of the Court of Auditors’ Special Report No 22/2016, its recommendations, and the reply from the Commission.

(22) The Programme falls within the scope of the Lithuanian National Programme under Directive 2011/70/Euratom.

(23) In order to ensure uniform conditions for the implementation of the objectives of the Programme, 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.

(24) The methods of implementation and the forms of Union funding laid down in this Regulation should be chosen on the basis of their ability to efficiently achieve the specific objectives of the actions and to deliver results, taking into account, in particular, high level of safety, 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.

(25) The Programme replaces the programme established by Regulation (EU) 2021/101 for the period from 1 January 2021 to 31 December 2027. That Regulation should therefore be repealed,

HAS ADOPTED THIS REGULATION: