On 16 July 2026, the European Commission proposed a Council decision authorising Lithuania and Poland to become parties to the Convention on Supplementary Compensation for Nuclear Damage (CSC) and its 13 January 2026 Amendment, and to make a declaration on the application of relevant EU internal rules. The proposal aims to enable the two Member States to join the global nuclear liability compensation scheme while ensuring that EU rules on judgment recognition remain intact among Member States.
The CSC, which entered into force on 15 April 2015, establishes a worldwide system for nuclear damage liability with a minimum national compensation amount and additional public funds from Contracting Parties if national funds are insufficient. The Amendment removes the requirement for States with no nuclear reactors to contribute public funds and will enter into force when all current Contracting Parties ratify it. Currently, the CSC has 11 Contracting Parties; among EU Member States, Czechia, Lithuania, and Romania signed, and Romania ratified. Poland, already party to the Vienna Convention and Joint Protocol, seeks CSC membership to support its 2020 Nuclear Power Programme, with construction expected from April 2027, and to align with the United States, a CSC party. Lithuania signed the CSC on 30 September 1997 before EU accession and requested authorisation after discussions on 13 November 2025.
The CSC's provisions on jurisdiction and enforcement (Article XIII) fall under EU exclusive external competence, affecting Regulation (EU) 1215/2012 on judgment recognition. Therefore, Poland and Lithuania must declare that Regulation (EU) 1215/2012 continues to apply among EU Member States party to the CSC (currently only Romania). The legal basis is Article 218(6) TFEU with Article 81(2) TFEU; Denmark is not bound, while Ireland is bound.
For Poland and Lithuania, joining the CSC provides access to a global compensation pool, increasing investor confidence in their nuclear energy programmes. For the EU, the declaration ensures that the internal market rules on judgment recognition remain unaffected, preserving legal certainty for cross-border disputes. For the nuclear industry, particularly in Poland, the decision supports the development of new nuclear capacity by aligning with international liability standards. For other EU Member States, the move may encourage further adherence to the CSC, potentially harmonising nuclear liability regimes across the bloc. The proposal now awaits Council adoption.