10 March 2026 was a defining day for EU energy policy. The European Commission published its new strategy for nuclear, offering it a central place in the EU’s energy vision. Two key documents set out its approach: the Strategy for the development and deployment of Small Modular Reactors in Europe (the EU SMR Strategy) and the final 8th Nuclear Illustrative Programme under Article 40 Euratom (the 8th PINC). 

President von der Leyen, speaking at the Paris Nuclear Energy Summit the same day, called Europe’s retreat from nuclear a “strategic mistake”. The Greek Prime Minister also announced that Greece was “turning a new page”, with a committee to assess SMRs’ role in its energy mix.

These developments reflect a wider shift already under way across Europe, including:

  • Belgium’s repeal of its 2003 phase-out law (May 2025) 
  • Denmark commencement of work on whether to end its 40-year ban (May 2025)
  • Swedish legislation to fund a new reactor fleet (May 2025)
  • Latvia’s commissioning of a feasibility study (February 2026)
  • Croatia adopted a nuclear development law (May 2026)
  • Ireland’s governing party backed a bill to repeal its ban (May 2026)
  • Italy's framework law that would allow nuclear to return (June 2026)

The CfD approach: Now the EU default

For developers seeking public revenue support within the EU for new wind, solar, geothermal, reservoir-less hydropower or nuclear generation, from July 2027 this must take the form of a two-way contract for difference (CfD) or an equivalent scheme. Revenues above the strike price return to the generator’s counterparty and get redistributed to final customers, although countries keep some flexibility on the mechanics.

The story started with Hinkley Point C, which in October 2014 became the first two-way CfD to win EU state aid approval (HSF Kramer acted as project counsel). The model has since been adapted. April 2024 brought clearance for Czech Dukovany Unit 5, which has become the effective template: a 40-year CfD, periodic strike price reviews, a 50:50 gain-share above a threshold and state-supported debt. The expanded two-unit Dukovany package (notified in October 2025) has been under in-depth investigation since December.

Poland’s Lubiatowo-Kopalino AP1000 project was cleared in December 2025, with its CfD cut from 60 years to 40. France notified its EPR2 programme on 19 November 2025 and on 31 March 2026 the Commission opened an in-depth investigation. France is asking for a 40-year CfD at a reported maximum strike price of €100/MWh (2024 euros), a subsidised state loan covering 60% of €72.8 billion of construction cost, and risk-sharing between the State and EDF.

Sweden legislated its CfD framework in May 2025 and in June 2026 agreed terms with its first applicant, Videberg Kraft, alongside a 60% state shareholding. Notification to the Commission comes next; a decision is expected in the second half of 2027.

The EU Commission sets a new direction

The 8th PINC (the first since 2017) is the most pro-investment in the series. The Commission thinks delivering Member States’ nuclear plans to 2050 will cost around €241 billion (present value, 7.5% discount rate): €205 billion for new large-scale builds and €36 billion for lifetime extensions. This sum does not include SMRs, advanced modular reactors (AMRs) or microreactors.

Installed capacity is expected to grow from 98 GW in 2025 to a base case of 109 GW by 2050. The range is wide, from below 70 GW if lifetime extensions fail to 144 GW if reactors run to 70-80 years and every planned build delivers on time. SMRs get a separate range on top: 17 to 53 GW by 2050 across electricity, heat and hydrogen, drawn from industry estimates for the European SMR Industrial Alliance.

Ambition has moved a long way. The 2017 PINC projected EU-27 capacity of roughly 80 GW by 2025; actual end-2024 capacity was 98 GW, and the new 2050 base case is 109 GW on large-scale alone.

The EU SMR Strategy is really an industrial policy document. The central idea is that SMRs, AMRs and microreactors should be one European industrial project (rather than a collection of national experiments) and that success turns on modularity and serial production at fleet scale.

The Strategy doesn’t treat SMRs mainly as large-grid electricity assets. It sees them as suppliers of low-carbon heat and power to hard-to-abate sectors: chemicals, where SMR steam at 200-550°C could displace fossil-fuelled cogeneration across 150 identified EU chemical clusters; district heating, given that heating and cooling account for half of EU final energy use and 75% of heat is still fossil-fuelled; and data centres, at 70 TWh today and 115 TWh by 2030. Microreactors are for defence, remote mining, maritime transport and off-grid industrial sites.

In other words, the customers the Strategy has in mind are not just utilities but industrial off-takers who will pay a premium for firm, dispatchable clean energy.

The Strategy sets out nine actions across four areas

Actions 1-3 covers industry

The European Industrial Alliance on SMRs (close to 400 organisations) is supposed to pick a small number of promising designs, develop an EU supply chain under the proposed Industrial Accelerator Act, and set standards for a fleet approach borrowed from shipbuilding and aircraft manufacturing.
 


Actions 4-6 covers finance

The headline is a proposed temporary InvestEU top-up of up to €200 million running to 2028 aimed at de-risking first-of-a-kind deployments; an Important Project of Common European Interest on innovative nuclear technologies (now in design, national calls opening); Clean Industrial Deal State Aid Framework support for manufacturing capacity; "SMR Valleys” under the Net-Zero Act; and co-investment along Finnish Mankala and Swedish Industrikraft lines.
 


Actions 7-8 covers regulation and the single market

Easier intra-EU transfers and IP protection, an “SMR coalition” of willing Member States, cross-border regulatory sandboxes, and joint early reviews aimed at mutual recognition of licensing decisions. 
 


Actions 9 covers cooperation with like-minded partners

The Commission hopes to partner with countries planning to deploy SMRs in the near term. The bloc also intends to work with international organisations such as the OECD-Nuclear Energy Agency and the International Atomic Energy Agency, and international initiatives such as the Generation IV International Forum.
 

Private capital: An opening, not yet a model

What the package does not yet answer is where third-party private debt and equity fit in the new-build pipeline. The settled EU deals so far are almost all state-on-state.

The UK’s Sizewell C was different: built from the start for third-party private investors alongside the State. La Caisse (whom we advised) took a 20% stake and became the first institutional equity investor in a greenfield nuclear project (see our Sizewell C: a case study in attracting new investors to new nuclear projects). Sizewell C also attracted the first genuinely limited-recourse commercial financing for greenfield nuclear. A separate team of ours advised Bpifrance and the commercial lender syndicate lending alongside the National Wealth Fund on a common platform. 

In the EU too, the appetite for private capital is real. EDF’s Financing and Investing in Nuclear – Advisory Board brings together, among others, La Caisse, HSBC, ABN AMRO, BNP Paribas, Crédit Agricole CIB and Royal Bank of Canada.

Sweden may offer an early answer. Studsvik applied in June 2026 for state support under the 2025 framework (loans for up to 75% of project costs) and on 3 September brought in South Korea’s DS Investment Partners to lead investment in a four-unit, 1.2 GW BWRX-300 project.

When it comes to EU State aid approval, nuclear power remains outside the scope of the Commission's guidelines and is subject to individual assessment by the Commission. The principles are however increasingly crystallising following the accumulation of Commission decision-practice, meaning that the challenge when it comes to individual projects may now be more procedural rather than substantive. This individual assessment approach though does not scale well to fleets that are supported by broader schemes and it remains to be seen how the Commission will seek to facilitate the process for these programmes.

Dr Morris Schonberg
Partner

Sizewell C

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Europe Public law and regulatory Projects Project finance Environment and communities Nuclear Energy Renewables Infrastructure Nuclear power Geopolitics and Business Energy Renewable Energy Rebecca Major Steven Dalton Dr Morris Schonberg Paul Butcher Andrew Robinson Iria Calviño Mathias Dantin Thomas Herman