On the 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

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:

Article 1

Subject matter

This Regulation establishes the nuclear decommissioning assistance programme of the Ignalina nuclear power plant in Lithuania (‘the Programme’) and lays down the objectives of the Programme, its budget for the period from 1 January 2028 to 31 December 2034, the forms of Union funding and the rules for providing such funding.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘decommissioning’ means administrative and technical measures which allow the removal of some or all of the regulatory controls from a nuclear facility and which aim at ensuring the long-term protection of the public and the environment, including the reduction of the levels of residual radionuclides in the materials and on the site of the facility;

(2) ‘decommissioning plan’ means a document containing detailed information on the proposed decommissioning and covering the selected decommissioning strategy; the schedule, type and sequence of decommissioning activities; the waste management strategy applied, including clearance; the proposed end state; the storage and disposal of the waste from decommissioning; the timeframe for decommissioning; the cost estimates for the completion of decommissioning; and the objectives, expected results, milestones, target dates, as well as the corresponding key decommissioning indicators, including earned value based indicators. The plan is prepared by the nuclear facility license holder and is reflected in the multiannual work programmes of the Programme.

Article 3

Programme objectives

1. The Programme has the following general objectives:

(a) to adequately assist Lithuania in implementing the decommissioning of the Ignalina nuclear power plant, with specific emphasis on managing the radiological safety challenges and optimising the efficiency of the programme implementation through improved organisation, innovation and the upskilling and reskilling of the workforce, while ensuring that any reduction of the workforce does not create unnecessary operational risks.

(b) to create knowledge on the nuclear decommissioning process and the management of radioactive waste resulting from the decommissioning activities, delivering explicit knowledge products on decommissioning and waste management governance issues, managerial best practices, health and safety protocols for workers and the general public and technological challenges, with a particular focus on preventing environmental contamination and adverse health effects from radioactive materials.

The knowledge referred to in point (b) of the first subparagraph shall be disseminated at Union level, and, where appropriate, beyond, in all relevant areas, developing potential Union synergies, under programme Instrument for Nuclear Safety Cooperation and Decommissioning (INSC-D), as set out in Article [X] of Regulation (Euratom) [XXX].

2. The Joint Research Centre shall coordinate the structuring and dissemination of knowledge, referred to in paragraph 1, first subparagraph, point (b), to Member States and, when relevant, and under certain conditions, to third countries without disclosing any sensitive information held by undertakings. Any dissemination beyond the Union shall be duly controlled and subject to appropriate confidentiality safeguards which ensure the Union’s security interests, intellectual property and technological leadership. Those activities shall be financed under the INSC-D programme and funded by the Union at 100% of eligible costs. Where a third country is granted access to the knowledge or training provided under the Programme, it may be subject to an appropriate financial contribution, which shall be agreed between the Union and the third country.

3. The specific objective of the Programme shall be to carry out the engineering, dismantling and decontamination of the Ignalina equipment and reactor shafts in accordance with the decommissioning plan, including the management of radioactive waste resulting from the decommissioning activities, ensuring the highest standards of radiation protection for workers, the general public and the environment and to continue with the safe management of the decommissioning and legacy waste, while preventing long-term environmental harm and adverse health effects. In light of the evolving geopolitical and security environment, the nuclear decommissioning site shall be adequately protected against hybrid threats, including attacks on critical infrastructure by unmanned aerial systems. To that end, the Programme may be used to finance measures to increase the security of the nuclear facility site from such threats.

4. The detailed description of the specific objective referred to in paragraph 3 of this Article is set out in the Annex. The Commission may amend, by means of implementing acts, the Annex. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2). Implementation of the Programme and its specific objectives shall be guided by clear targets and milestones and a focus on cost-efficient and transparent spending of the budget.

Article 4

Budget

1. The programme envelope for the implementation of the Programme for the period from 1 January 2028 to 31 December 2034 is set at EUR 678 000 000 in current prices (EUR 602 720 000 in 2025 prices).

2. Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments.

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

4. The financial envelope referred to in paragraph 1 of this Article and the amounts of additional resources referred to in Article 5 may also be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, corporate information technology systems and platforms, information communication and visibility 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 Programme.

Article 5

Additional resources

1. Member States, Union institutions, bodies and agencies, third countries, international organisations, international financial institutions, or other third parties, may make additional financial or non-financial contributions to the Programme. 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.

2. Resources allocated to Member States under shared management may, at their request, be made available to the Programme. The Commission shall implement those resources directly or indirectly in accordance with Article 62(1), point (a) or (c), of Regulation (EU, Euratom) 2024/2509. Such resources shall be additional to the amount referred to in Article 4(1) of this Regulation. Such resources shall be used for the benefit of the Member State concerned. Where the Commission has not entered into a legal commitment under direct or indirect management for additional amounts thus made available to the Programme, the corresponding uncommitted amounts may, at the request of the Member State concerned, be transferred back to one or more respective source programmes or their successors.

Article 6

Alternative, combined and cumulative funding

1. The Programme shall be implemented in synergy with other Union programmes. An action that has received a Union contribution from another programme may also receive a contribution under the Programme. 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 documents setting out the conditions for support.

2. Award procedures under the Programme may be jointly conducted under direct or indirect management by Member States, Union institutions, bodies and agencies, third countries, international organisations, international financial institutions, or other 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 Programme in accordance with Article 5 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 7

Implementation and forms of Union funding

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

2. Union funding under the Programme may be provided in any form in accordance with Regulation (EU, Euratom) 2024/2509, in particular, prizes, procurement and non-financial donations.

Article 8

Eligibility

1. Only activities implementing the objectives set out in Article 3 shall be eligible for Union funding. Compliance with those rules shall be duly monitored, and in the event of any irregularities, appropriate corrective measures shall be taken. Union funding under the Programme shall be limited to legal entities established in a Member State or in a country associated with relevant Union programmes, unless otherwise justified by duly substantiated security or technical necessity.

2. The work programmes referred to in Article 110 of Regulation (EU, Euratom) 2024/2509 may further specify the eligibility criteria set out in this Regulation or set additional eligibility criteria for specific actions.

Article 9

Co-financing rates

The overall maximum Union co-financing rate applicable under the Programme shall be as close to 86% as possible. The remaining financing shall be provided by Lithuania and additional sources other than the Union budget.

Article 10

Work programme

1. The Programme shall be implemented by work programmes referred to in Article 110 of Regulation (EU, Euratom) 2024/2509.

2. The work programmes shall reflect the applicable decommissioning plan that is to serve as the baseline for the programme monitoring and evaluation.

Article 11

Committee

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. 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 requests.

Article 12

Repeal

Regulation (EU) 2021/101 is repealed with effect from 1 January 2028.

Article 13

Transitional provisions

1. This Regulation shall not affect the continuation or modification of actions initiated under Regulation (EU) 2021/101, to which that Regulation shall continue to apply until their closure.

2. The financial envelope for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Regulation (EU) 2021/101.

Article 14

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

ANNEX

The following activities are covered under the specific objective set out in Article 3((3):

(I) Dismantling of reactor shafts, while ensuring the highest standards of radiation protection for workers, the general public and the environment:

(1) completion of dismantling and decontamination of top and bottom zones (called zones R1 and R2, respectively);

(2) completion of Steam Drum Separators dismantling;

(3) reactor cores (called zone R3):

(a) dismantling technology engineered and licensed;

(b) dismantling equipment installed and operational;

(c) dismantling and decontamination of the reactor shafts central zone in accordance with the decommissioning plan; progress has to be measured by the quantity and type of materials removed as well as through earned value);

(d) reactor waste interim storage facility in operation.

▌ (Ia) Implementation of the building demolition programme. Progress made in respect of this objective is to be measured by the quantity of demolished buildings as well as through earned value.

(II) The reorganisation of the Ignalina nuclear power plant (INPP) in order to enhance the efficiency of the decommissioning programme through improved organisation and the optimal use of human resources. In view of the scheduled dismantling activities and the outsourcing of the dismantling of reactor shaft central zones, targeted upskilling, reskilling and training measures shall be implemented to support the adaptation and redeployment of personnel. Where workforce adjustments due to outsourcing are considered, they shall only take place after the outsourcing has been implemented and shall be coupled with retraining and reskilling policies. Such adjustments shall not endanger the safe and effective conduct of the decommissioning process. Progress shall be measured with respect to specific Key Performance Indicators approved in the implementing work programmes.

(III) Safe management of the decommissioning and legacy waste up to interim storage or to disposal (depending on the waste category), including the completion of the waste management infrastructure, and near surface repository. It has to be accomplished in accordance with the decommissioning plan, in its final revision. Progress has to be measured by the quantity and type of waste safely stored or disposed of, as well as through earned value.

(IV) Downgrading of radiological hazards. Progress has to be measured through the safety assessments of the activities and the facility, identifying ways in which potential exposures could occur and estimating the probabilities and magnitude of potential exposures.

▌

(IVa) The protection of nuclear decommissioning site against hybrid threats, including attacks from unmanned systems on critical infrastructure, as well as strengthening of preparedness, risk awareness, and prevention capacities.