Council Decision (EU) 2026/1545 of 29 June 2026 laying down the measures necessary for the implementation of Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and repealing Decision 2003/76/EC
1. The Commission shall be responsible for laying down the measures necessary for the implementtion of Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
2. The Commission shall be responsible for managing the financial operations of the ‘ECSC in liquidation’ and, on completion of the liquidation of the ECSC, of the ‘assets of the Research Fund for Coal and Steel’ (together referred to as the ‘assets’).
1. The Commission shall manage the assets in such a manner as to keep an annual Research Fund for Coal and Steel (RFCS) allocation of up to EUR 120 million for the years 2027 to 2033 inclusive in order to finance research in the sectors related to the coal and steel industry. Any remaining unallocated assets shall be part of an allocation for the year 2034 equal to the market value of those assets at the moment of the transfer to the RFCS, taking into account market conditions. That allocation shall be used to finance research in the sectors related to the coal and steel industry in 2034 and subsequent years.
2. Research activities for steel shall focus on sustainable and low-carbon steelmaking and finishing processes, creating advanced steel products, lead markets, the conservation of resources, the circular economy, the development of skills, improving working conditions, and the use of digital technologies. Research activities related to coal research projects shall focus on managing the just transition, including through the repurposing, of formerly operating coal mines or coal mines in the process of closure and related infrastructure, including the regions in which they are located, in accordance with Regulations (EU) 2021/523 ( 5 ) , (EU) 2021/1056 ( 6 ) and (EU) 2021/1229 ( 7 ) of the European Parliament and of the Council and in compliance with Article 4(2) of this Decision.
3. The annual allocation of the amount set out in paragraph 1 shall be comprised of the net revenue from the investments and the cash amount to be generated by selling part of the assets.
1. Each year, a profit-and-loss account, balance sheet and financial report shall be drawn up to show, separately from the other financial operations of the Union, the investment transactions and asset management operations under Article 2.
The financial statements referred to in the first subparagraph of this paragraph shall be annexed to the financial statements drawn up by the Commission annually under Article 318 of the Treaty on the Functioning of the European Union (TFEU) and Article 247 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council ( 8 ) .
2. The powers of the European Parliament, the Council and the Court of Auditors concerning control and discharge as set out in the TFEU and in Regulation (EU, Euratom) 2024/2509 apply to the transactions and operations referred to in paragraph 1 of this Article.
1. The net revenue from the investments provided for in Article 2 and the cash amounts to be generated by selling part of the assets shall constitute revenue in the general budget of the Union. That revenue and those cash amounts shall be earmarked for the specific purpose of financing research projects in the sectors related to the coal and steel industry not covered by the research framework programme. They shall form the RFCS and shall be managed by the Commission.
2. The net revenue and cash amounts referred to in paragraph 1 shall be distributed through work programmes, with 27,2 % allocated to coal-related research and 72,8 % allocated to steel-related research.
The Commission is empowered to adopt delegated acts in accordance with Article 7 to change the percentage of funding allocated to coal-related research and to steel-related research referred to in the first subparagraph of this paragraph if necessary to enable full use of the assets in 2034.
3. The net revenue and cash amounts earmarked under paragraph 1 and still available on 31 December in any given year, as well as amounts recovered, shall be carried over automatically to the following year.
4. Budgetary appropriations corresponding to cancellations of commitments shall automatically lapse at the end of each financial year. Provisions for commitments released as a result of the cancellations shall be made available to the RFCS.
The net revenue and cash amounts available to finance research projects for year n+1 shall be recorded in the balance sheet of the ECSC in liquidation of year n and, on completion of the liquidation, in the balance sheet of the assets of the RFCS of year n, until the allocation of the remaining assets in 2033 for 2034.
Administrative expenditure resulting from liquidation, investment and management operations referred to in this Decision shall be covered by the Commission with the general budget of the Union.
1. The power to adopt delegated acts is conferred on the Commission, subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 4(2), second subparagraph, shall be conferred on the Commission for a period of eight years from 6 August 2026.
3. The delegation of power referred to in Article 4(2), second subparagraph, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 4(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council, or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Decision 2003/76/EC is repealed.
However, Article 1 of Decision 2003/76/EC shall continue to apply to the financial operations of the ECSC in liquidation until the completion of the liquidation.
This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
