Changes from report parliamentary committee draft to plenary report

Added(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.

RemovedBy 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.

Added(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.

RemovedArticle 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.

Added(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.

RemovedTransferring 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.

Added(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.

RemovedArticle 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.

Added(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].

RemovedAs 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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(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.

Added(41) Regulations (Euratom) 2021/100 and (Euratom) 2021/948 should therefore be repealed,

AddedHAS ADOPTED THIS REGULATION:

AddedCHAPTER I

AddedGENERAL PROVISIONS

AddedArticle 1

AddedSubject matter

AddedThis 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.

AddedArticle 2

AddedInstrument objectives

Added1. 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.

Added2. 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.

Added3. The Instrument’s external component has the following specific objectives:

Added(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;

Added(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;

Added(c) to strengthen efficient and effective safeguards for nuclear material in partner countries.

Added(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.

Added4. The Instrument’s internal component has the following specific objectives:

Added(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;

Added(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.

AddedThe 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.

AddedArticle 3

AddedBudget

Added1. 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).