Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility

Type Regulation
Publication 2021-02-18
Last updated 2024-03-01
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 41
Reform history JSON API

When deciding on the amount of the recovery and reduction, or the amount to be repaid early, the Commission shall respect the principle of proportionality and shall take into account the seriousness of the fraud, corruption and conflict of interests affecting the financial interests of the Union, or of a breach of an obligation. The Member State shall be given the opportunity to present its observations before the reduction is made or early repayment is requested.

Article 23

Commitment of the financial contribution
1.

Once the Council has adopted an implementing decision as referred to in Article 20(1), the Commission shall conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of the Financial Regulation. For each Member State the legal commitment shall not exceed the total of the financial contribution referred to in point (a) of Article 11(1) for 2021 and 2022, the updated financial contribution referred to in Article 11(2) for 2023 and the amount calculated under Article 21a(2).

2.

Budgetary commitments may be based on global commitments and, where appropriate, may be broken down into annual instalments spread over several years.

Article 24

Rules on payments, suspension and termination of agreements regarding financial contributions and loans
1.

Payments of financial contributions and, where applicable, of the loan to the Member State concerned under this Article shall be made by 31 December 2026 and in accordance with the budget appropriations and subject to the available funding.

2.

Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in accordance with Article 20, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan. Such requests for payment may be submitted by the Member States to the Commission twice a year.

3.

The Commission shall assess on a preliminary basis without undue delay, and at the latest within two months of receiving the request, whether the relevant milestones and targets set out in the Council implementing decision referred to in Article 20(1) have been satisfactorily fulfilled. The satisfactory fulfilment of milestones and targets shall presuppose that measures related to previously satisfactorily fulfilled milestones and targets have not been reversed by the Member State concerned. For the purpose of the assessment, the operational arrangements referred to in Article 20(6) shall also be taken into account. The Commission may be assisted by experts.

4.

Where the Commission makes a positive preliminary assessment of the satisfactory fulfilment of the relevant milestones and targets, it shall provide its findings to the Economic and Financial Committee and ask for its opinion on the satisfactory fulfilment of the relevant milestones and targets. The Commission shall take the opinion of the Economic and Financial Committee into account for its assessment.

5.

Where the Commission makes a positive assessment, it shall adopt without undue delay a decision authorising the disbursement of the financial contribution and, where applicable, of the loan in accordance with the Financial Regulation. Such decision shall be adopted in accordance with the examination procedure referred to in Article 35(2).

6.

Where, as a result of the assessment referred to in paragraph 3, the Commission establishes that the milestones and targets set out in the Council implementing decision referred to in Article 20(1) have not been satisfactorily fulfilled, the payment of all or part of the financial contribution and, where applicable, of the loan shall be suspended. The Member State concerned may present its observations within one month of the communication of the Commission’s assessment.

The suspension shall only be lifted where the Member State concerned has taken the necessary measures to ensure a satisfactory fulfilment of the milestones and targets set out in the Council implementing decision referred to in Article 20(1).

7.

By derogation from Article 116(2) of the Financial Regulation, the payment deadline shall start running from the date of the communication of the decision authorising the disbursement to the Member State concerned pursuant to paragraph 5 of this Article, or from the date of the communication of the lifting of a suspension pursuant to the second subparagraph of paragraph 6 of this Article.

8.

Where the Member State concerned has not taken the necessary measures within a period of six months from the suspension, the Commission shall reduce the amount of the financial contribution and, where applicable, of the loan proportionately after having given the Member State concerned the possibility to present its observations within two months from the communication of its conclusions.

9.

Where, within 18 months of the date of the adoption of the Council implementing decision referred to in Article 20(1), no tangible progress has been made in respect of any relevant milestones and targets by the Member State concerned, the Commission shall terminate the agreements referred to in Articles 15(2) and 23(1) and shall decommit the amount of the financial contribution without prejudice to Article 14(3) of the Financial Regulation. Any pre-financing in accordance with Article 13 shall be recovered in full. The Commission shall take a decision on the termination of agreements referred to in Articles 15(2) and 23(1) and, where applicable, of the recovery of the pre-financing after having given the Member State concerned the possibility to present its observations within a period of two months of the communication of its assessment as to whether no tangible progress has been made.

10.

If exceptional circumstances arise, the adoption of the decision authorising the disbursement of the financial contribution and, where applicable, of the loan in accordance with paragraph 5 may be postponed for up to three months.

CHAPTER V INSTITUTIONAL PROVISIONS

Article 25

Transparency
1.

The Commission shall transmit the recovery and resilience plans officially submitted by the Member States, and the proposals for Council implementing decisions referred to in Article 20(1), as made public by the Commission, simultaneously and on equal terms to the European Parliament and the Council without undue delay.

2.

Information transmitted by the Commission to the Council or any of its preparatory bodies in the context of this Regulation or its implementation shall simultaneously be made available to the European Parliament, subject to confidentiality arrangements if necessary. Relevant outcomes of discussions held in Council preparatory bodies shall be shared with the competent committee of the European Parliament.

3.

The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State. In such a case, the Commission shall liaise with the European Parliament and the Council regarding how the redacted information can be made available to them in a confidential manner in accordance with the applicable rules.

4.

The Commission shall provide the competent committee of the European Parliament with an overview of its preliminary findings concerning the satisfactory fulfilment of the relevant milestones and targets included in the recovery and resilience plans of the Member States.

5.

The competent committee of the European Parliament may invite the Commission to provide information on the state of play of the assessment of the recovery and resilience plans in the context of the recovery and resilience dialogue referred to in Article 26.

Article 25a

Transparency with regard to final recipients
1.

Each Member State shall create an easy-to-use public portal containing data on the 100 final recipients receiving the highest amount of funding for the implementation of measures under the Facility. Member States shall update those data twice a year.

2.

For the final recipients referred to in paragraph 1, the following information shall be published:

  • (a) in the case of a legal person, the recipient’s full legal name and VAT identification number or tax identification number, where available, or another unique identifier established at the national level,
  • (b) in the case of a natural person, the first and last name of the recipient;
  • (c) the amount received by each recipient, as well as the associated measures for which a Member State has received funding under the Facility.
3.

The information referred to in Article 38(3) of the Financial Regulation shall not be published.

4.

Where personal data are published, the information referred to in paragraph 2 shall be removed by the Member State concerned two years after the end of the financial year in which the funding has been paid to the final recipient.

5.

The Commission shall centralise the Member States’ public portals and publish the data referred to in paragraph 1 in the recovery and resilience scoreboard referred to in Article 30.

Article 26

Recovery and resilience dialogue
1.

In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the Commission every two months to discuss the following matters:

  • (a) the state of recovery, resilience and adjustment capacity in the Union, as well as the measures adopted under this Regulation;
  • (b) the recovery and resilience plans of the Member States;
  • (c) the assessment of the recovery and resilience plans of the Member States;
  • (d) the main findings of the review report referred to in Article 16(2);
  • (e) the status of fulfilment of the milestones and targets of the recovery and resilience plans of the Member States;
  • (f) payment, suspension and termination procedures, including any observation presented and remedial measures taken by the Member States to ensure a satisfactory fulfilment of the milestones and targets;
  • (g) any other relevant information and documentation provided by the Commission to the competent committee of the European Parliament in relation to the implementation of the Facility;
  • (h) the progress of the implementation of the reforms and investments in the REPowerEU chapters.
2.

The European Parliament may express its views in resolutions as regards the matters referred to in paragraph 1.

3.

The Commission shall take into account any elements arising from the views expressed through the recovery and resilience dialogue, including the resolutions from the European Parliament if provided.

4.

The recovery and resilience scoreboard referred to in Article 30 shall serve as a basis for the recovery and resilience dialogue.

CHAPTER VI REPORTING

Article 27

Reporting by the Member State in the context of the European Semester

The Member State concerned shall report twice a year in the context of the European Semester on the progress made in the achievement of its recovery and resilience plan, including the operational arrangements referred to in Article 20(6) and on the common indicators as referred to in Article 29(4). To that end, the reports of the Member States shall be appropriately reflected in the National Reform Programmes, which shall be used as a tool for reporting on the progress towards completion of the recovery and resilience plans.

CHAPTER VII COMPLEMENTARITY, MONITORING AND EVALUATION

Article 28

Coordination and complementarity

The Commission and the Member States concerned shall, in a manner commensurate to their respective responsibilities, foster synergies and ensure effective coordination between the Facility and other Union programmes and instruments, including the Technical Support Instrument, and in particular with measures financed by the Union funds. For that purpose, they shall:

  • (a) ensure complementarity, synergy, coherence and consistency among different instruments at Union, national and, where appropriate, regional levels, in particular in relation to measures financed by Union funds, both in the planning phase and during implementation;
  • (b) optimise mechanisms for coordination to avoid duplication of effort; and
  • (c) ensure close cooperation between those responsible for implementation and control at Union, national and, where appropriate, regional levels to achieve the objectives of the Facility.

Article 29

Monitoring of implementation
1.

The Commission shall monitor the implementation of the Facility and measure the achievement of the objectives set out in Article 4, including the implementation of the reforms and investments in the REPowerEU chapters and their contribution to the objectives set out in Article 21c(3). The monitoring of implementation shall be targeted and proportionate to the activities carried out under the Facility.

2.

The performance reporting system of the Commission shall ensure that data for monitoring the implementation of the activities and results are collected efficiently, effectively and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funding.

3.

The Commission shall report ex-post on the expenditure financed by the Facility under each of the pillars referred to in Article 3. Such reporting will be based on the break-down of the estimated expenditure provided in the approved recovery and resilience plans.

4.

The Commission shall be empowered to adopt, by the end of December 2021, delegated acts in accordance with Article 33 to supplement this Regulation in order to:

  • (a) set out the common indicators to be used for reporting on the progress and for the purpose of monitoring and evaluation of the Facility towards the achievement of the general and specific objectives; and
  • (b) define a methodology for reporting social expenditure, including on children and the youth, under the Facility.
5.

Member States shall report to the Commission on the common indicators.

6.

Prior to launching any calls for proposals or tendering procedures related to the STEP objectives set out in Article 2 of Regulation (EU) 2024/795, Member States shall make available the following information on the Sovereignty Portal referred to in Article 6 of that Regulation:

  • (a) geographical area covered by the call for proposal;
  • (b) investment concerned;
  • (c) type of eligible applicants;
  • (d) total amount of support for the call;
  • (e) start and end date of the call;
  • (f) link to the website where the call will be published.

Article 30

Recovery and resilience scoreboard
1.

The Commission shall establish a recovery and resilience scoreboard (the ‘Scoreboard’), which shall display the progress of the implementation of the recovery and resilience plans of the Member States in each of the six pillars referred to in Article 3. The Scoreboard shall constitute the performance reporting system of the Facility.

2.

The Commission shall be empowered to adopt a delegated act in accordance with Article 33 to supplement this Regulation by defining the detailed elements of the Scoreboard with a view to displaying the progress of the implementation of the recovery and resilience plans as referred to in paragraph 1.

3.

The Scoreboard shall also display the progress of the implementation of the recovery and resilience plans in relation to the common indicators referred to in Article 29(4). It shall also include the progress of the implementation of the measures in the REPowerEU chapters and their contribution to the objectives set out in Article 21c(3), and display information on the reduction of the Union imports of fossil fuels and the diversification of energy supplies.

4.

The Scoreboard shall be operational by December 2021 and shall be updated by the Commission twice a year. The Scoreboard shall be made publicly available on a website or internet portal.

Article 31

Annual report
1.

The Commission shall provide an annual report to the European Parliament and the Council on the implementation of the Facility.

2.

The annual report shall include information on the progress made with the recovery and resilience plans of the Member States concerned under the Facility, including information on the status of the implementation of the milestones and targets, and the status of payments and suspensions thereof.

3.

The annual report shall also include the following information:

  • (a) the contribution of the Facility to the climate and digital targets;
  • (b) the performance of the Facility based on the common indicators referred to in Article 29(4);
  • (c) the expenditure financed by the Facility under the six pillars referred to in Article 3, incorporating social expenditure, including on children and the youth, as referred to in Article 29(4);
  • (d) an overview of measures having a cross-border or multi-country dimension or effect included in all REPowerEU chapters, their total estimated costs and an indication of whether the total costs of those measures account for an amount that represents at least 30 % of the total estimated costs of measures included in all REPowerEU chapters;
  • (e) the number of measures falling under Article 21c(3), point (a), included in all REPowerEU chapters, and their total estimated costs;
  • (f) the progress of the implementation of the reforms and investments in the REPowerEU chapter, through a dedicated section which includes lessons learned after analysing the data available on final recipients and examples of best practices.

3a. The information referred to in points (d) and (e) of paragraph 3 shall only be included in the annual report following the approval of the assessment of all the recovery and resilience plans containing a REPowerEU chapter.

4.

For the purpose of reporting on the activities referred to in paragraphs 2 and 3, the Commission may use the content of the relevant documents officially adopted by the Commission under the European Semester, as appropriate.

Article 32

Evaluation and ex post evaluation of the Facility
1.

By 20 February 2024, the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an independent evaluation report on the implementation of the Facility, and by 31 December 2028 with an independent ex post evaluation report.

2.

The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions as well as assess the implementation of the REPowerEU chapters and their contributions to the objectives set out in Article 21c(3).

3.

Where appropriate, the evaluation shall be accompanied by a proposal for amendments to this Regulation.

4.

The ex post evaluation report shall consist of a global assessment of the Facility and shall include information on its impact in the long term.

Article 33

Exercise of delegation
1.

The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Articles 29(4) and 30(2) shall be conferred on the Commission for an indeterminate period of time from 19 February 2021.

3.

The delegations of power referred to in Articles 29(4) and 30(2) 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 on 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 Articles 29(4) and 30(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of one month 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.

CHAPTER VIII COMMUNICATION AND FINAL PROVISIONS

Article 34

Information, communication and publicity
1.

The Commission may engage in communication activities to ensure the visibility of the Union funding for the financial support envisaged in the relevant recovery and resilience plan, including through joint communication activities with the national authorities concerned. The Commission may, as appropriate, ensure that support under the Facility is communicated and acknowledged through a funding statement.

2.

The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, including, where applicable, by displaying the emblem of the Union and an appropriate funding statement that reads ‘funded by the European Union – NextGenerationEU’, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

3.

The Commission shall implement information and communication actions relating to the Facility, to actions taken pursuant to the Facility and to the results obtained. The Commission shall where appropriate inform the representation offices of the European Parliament of its actions and involve them in those actions. Financial resources allocated to the Facility shall also contribute to the corporate communication of the political priorities of the Union, insofar as they are related to the objectives referred to in Article 4.

Article 35

Committee procedure
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.

Article 36

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Methodology for the calculation of the maximum financial contribution per Member State under the Facility

This Annex sets out the methodology for calculating the maximum financial contribution available for each Member State in accordance with Article 11. The method takes into account, with regard to each Member State:

  • — the population;
  • — the inverse of the GDP per capita;
  • — the average unemployment rate over the past five years compared to the Union average (2015-2019);
  • — the fall in real GDP in 2020 and the fall in real GDP in 2020 and 2021 combined.

To avoid excessive concentration of resources:

  • — the inverse of the GDP per capita is capped at a maximum of 150 % of the Union average;
  • — the deviation of an individual Member State’s unemployment rate from the Union average is capped at a maximum of 150 % of the Union average;
  • — to account for the generally more stable labour markets of wealthier Member States (with GNI per capita above the Union average) the deviation of their unemployment rate from the Union average is capped at a maximum of 75 %.

The maximum financial contribution of a Member State under the Facility (MFCi) is defined as follows:

MFCi = ν i × (FS)

where:

FS (Financial Support) is the available financing under the Facility as referred to in Article 6(1)(a); and

νi is the allocation key of Member State i, defined as:

νi = 0,7 κi + 0,3 αi

where:

κi is the allocation key applied to 70 % of the amount referred to in point (a) of Article 6(1) and set out in Annex II; and

αi is the allocation key applied to 30 % of the amount referred to in point (a) of Article 6(1) and set out in Annex III.

ANNEX II

The allocation key applied to 70 % of the amount referred to in point (a) of Article 6(1), κi is defined as follows:

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υi ≤ 0,75 for Member States withImage omitted; see official sourceand

υi ≤ 1,5 for Member States withImage omitted; see official source.

Defining ([^E0009]):

  • — popi,2019 as the 2019 total population in Member State i;
  • — popEU,2019 as the 2019 total population in the EU-27 Member States;
  • — Ui,2015-2019 as the average unemployment rate over the period 2015-2019 of Member State i;
  • — UEU,2015-2019 as the average unemployment rate over the period 2015-2019 in the EU-27 (in each year the weighted average of the EU-27 Member States);

ANNEX III

The allocation key applied to 30 % of the amount referred to in Article 6(1)(a), αi, is defined as follows:

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where

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where

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withImage omitted; see official source

Defining:

  • — GDPi,t as the real GDP of Member State i at time t = 2019, 2020, 2021;
  • — popi,2019 as the 2019 total population in Member State i;
  • — popEU,2019 as the 2019 total population in the EU-27 Member States.

The fall in real GDP for 2020 (δGDPi,2020–2019) and the cumulative fall in real GDP for the period 2020-2021 (δGDPi,2020–2019) shall be based on the Commission Autumn 2020 forecasts and updated by 30 June 2022 for each Member State replacing the data from the Commission Autumn 2020 forecasts with the actual outturns as reported in the latest available update of the Eurostat code series ‘tec00115 (Real GDP growth rate - volume)’.

ANNEX IV

The application of the methodologies in Annexes I, II and III to the amount referred to in Article 6(1)(a), converted into current prices, will result in the following share and amount of the maximum financial contribution per Member State, without prejudice to the updated calculation by 30 June 2022:

Maximum financial contribution per EU Member State Maximum financial contribution per EU Member State Maximum financial contribution per EU Member State Maximum financial contribution per EU Member State Maximum financial contribution per EU Member State Maximum financial contribution per EU Member State
for 70 % of the amount available for 70 % of the amount available for 30 % of the amount available (Indicative amount based on the Commission Autumn 2020 forecasts) for 30 % of the amount available (Indicative amount based on the Commission Autumn 2020 forecasts)
Share as % of total Amount (in EUR 1 000 , current prices) Share as % of total Amount (in EUR 1 000 , current prices) Total
BE 1,56 % 3 646 437 2,20 % 2 278 834 5 925 271
BG 1,98 % 4 637 074 1,58 % 1 631 632 6 268 706
CZ 1,51 % 3 538 166 3,41 % 3 533 509 7 071 676
DK 0,56 % 1 303 142 0,24 % 248 604 1 551 746
DE 6,95 % 16 294 947 9,01 % 9 324 228 25 619 175
EE 0,32 % 759 715 0,20 % 209 800 969 515
IE 0,39 % 914 572 0,07 % 74 615 989 186
EL 5,77 % 13 518 285 4,11 % 4 255 610 17 773 895
ES 19,88 % 46 603 232 22,15 % 22 924 818 69 528 050
FR 10,38 % 24 328 797 14,54 % 15 048 278 39 377 074
HR 1,98 % 4 632 793 1,61 % 1 664 039 6 296 831
IT 20,45 % 47 935 755 20,25 % 20 960 078 68 895 833
CY 0,35 % 818 396 0,18 % 187 774 1 006 170
LV 0,70 % 1 641 145 0,31 % 321 944 1 963 088
LT 0,89 % 2 092 239 0,13 % 132 450 2 224 690
LU 0,03 % 76 643 0,02 % 16 883 93 526
HU 1,98 % 4 640 462 2,45 % 2 535 376 7 175 838
MT 0,07 % 171 103 0,14 % 145 371 316 474
NL 1,68 % 3 930 283 1,96 % 2 032 041 5 962 324
AT 0,95 % 2 231 230 1,19 % 1 230 938 3 462 169
PL 8,65 % 20 275 293 3,46 % 3 581 694 23 856 987
PT 4,16 % 9 760 675 4,01 % 4 149 713 13 910 387
RO 4,36 % 10 213 809 3,90 % 4 034 211 14 248 020
SI 0,55 % 1 280 399 0,48 % 496 924 1 777 322
SK 1,98 % 4 643 840 1,63 % 1 686 154 6 329 994
FI 0,71 % 1 661 113 0,41 % 424 692 2 085 805
SE 1,24 % 2 911 455 0,36 % 377 792 3 289 248
EU27 100,00 % 234 461 000 100,00 % 103 508 000 337 969 000

ANNEX IVa

This Annex sets out the methodology for calculating the allocation share of the resources in the form of additional non-repayable financial support under the Facility referred to in Article 21a(1) available for each Member State. The method takes into account, with regard to each Member State:

  • — the population;
  • — the inverse of the GDP per capita;
  • — the gross fixed capital formation price deflator;
  • — the share of fossil fuels in gross inland energy consumption.

To avoid excessive concentration of resources:

  • — the inverse of the GDP per capita is capped at a maximum of 160 % of the Union weighted average;
  • — the inverse of the GDP per capita is capped at a maximum of 55 % of the Union weighted average if the GDP per capita of the Member State concerned is above 130 % of EU-27 average;
  • — a minimum allocation share is set at 0,15 %;
  • — a maximum allocation share is set at 13,80 %.

The allocation key applied to the amount referred to in Article 21a(1), ρi is defined as follows:

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where Member States i to z are the Member States benefitting from a minimum allocation share and Member States i to q are the Member States benefitting from a maximum allocation share.

where

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where

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and

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and

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,where

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for Member States i with

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and

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for Member States i with

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Defining ([^E0010]):

  • — popi,2021 as the 2021 total population in Member State i;
  • — popEU,2021 as the 2021 total population in the EU-27 Member States;
  • — FFGICi,2020 as the 2020 share of fossil fuels in gross inland energy consumption of Member State i;
  • — FFGICEU,2020 as the 2020 weighted average share of fossil fuels in gross inland energy consumption of the EU-27 Member States;
  • — Image omitted; see official source as the ratio of 2022 Q2 gross fixed capital formation price index (implicit deflator, 2015=100, national currency, seasonally and calendar adjusted data) of Member State i and 2021 Q2 Gross fixed capital formation price index (implicit deflator, 2015=100, national currency, seasonally and calendar adjusted data) of Member State i;
  • — Image omitted; see official source as the ratio of 2022 Q2 gross fixed capital formation price index (implicit deflator, 2015=100, national currency, seasonally and calendar adjusted data) of the EU-27 aggregate and 2021 Q2 gross fixed capital formation price index (implicit deflator, 2015=100, national currency, seasonally and calendar adjusted data) of the EU-27 aggregate.

The application of the methodology to the amount referred to in Article 21a(1) will result in the following share and amount per Member State:

Member State Share as % of total Amount (in EUR 1 000 , current prices)
Belgium 1,41  % 282 139
Bulgaria 2,40  % 480 047
Czechia 3,41  % 681 565
Denmark 0,65  % 130 911
Germany 10,45  % 2 089 555
Estonia 0,42  % 83 423
Ireland 0,45  % 89 598
Greece 3,85  % 769 222
Spain 12,93  % 2 586 147
France 11,60  % 2 320 955
Croatia 1,35  % 269 441
Italy 13,80  % 2 760 000
Cyprus 0,26  % 52 487
Latvia 0,62  % 123 983
Lithuania 0,97  % 194 020
Luxembourg 0,15  % 30 000
Hungary 3,51  % 701 565
Malta 0,15  % 30 000
Netherlands 2,28  % 455 042
Austria 1,05  % 210 620
Poland 13,80  % 2 760 000
Portugal 3,52  % 704 420
Romania 7,00  % 1 399 326
Slovenia 0,58  % 116 910
Slovakia 1,83  % 366 959
Finland 0,56  % 112 936
Sweden 0,99  % 198 727
EU27 100,00  % 20 000 000

ANNEX V

Assessment guidelines for the Facility

1. Scope

The purpose of these guidelines is to serve together with this Regulation as a basis for the Commission to assess - in a transparent and equitable manner - the recovery and resilience plans proposed by Member States and to determine the financial contribution in conformity with the objectives and any other relevant requirements laid down in this Regulation. These guidelines represent the basis for the application of the assessment criteria and the determination of the financial contribution as referred to, respectively, in Articles 19(3) and 20(4).

The assessment guidelines are designed to:

  • (a) give further guidance on the assessment process of the proposals for recovery and resilience plans submitted by Member States;
  • (b) provide further details on the assessment criteria and provide for a rating system to be established with a view to ensuring an equitable and transparent process; and
  • (c) define the link between the assessment to be made by the Commission under the assessment criteria and the determination of the financial contribution to be set out in the Commission proposal for a Council decision in relation to the recovery and resilience plans.

The guidelines are a tool to facilitate assessment by the Commission of the proposals for recovery and resilience plans as submitted by Member States and to ensure that the recovery and resilience plans support reforms and public investment that are relevant and display high added value with regard to the objectives of the Facility, while ensuring equal treatment among the Member States.

2. Assessment criteria

In accordance with Article 19(3), the Commission shall assess the recovery and resilience plans under the criteria of relevance, effectiveness, efficiency and coherence. As a result of the assessment process, the Commission shall give ratings to the recovery and resilience plans submitted by the Member States under each of the assessment criteria referred to in Article 19(3), with a view to establishing the financial allocation in accordance with Article 20(4).

For the sake of simplification and efficiency, the rating system shall range from A to C, as set out in the following:

Relevance:

  • 2.1. The recovery and resilience plan represents a comprehensive and adequately balanced response to the economic and social situation, thereby contributing appropriately to all six pillars referred to in Article 3, taking the specific challenges and the financial allocation of the Member State concerned into account.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the recovery and resilience plan contributes in a comprehensive and adequately balanced manner to all six pillars referred to in Article 3, considering the specific challenges of the Member State concerned and taking into account the financial contribution of the Member State concerned and the requested loan support.

Rating

  • A – to a large extent
  • B – to a moderate extent
  • C – to a small extent
  • 2.2. The recovery and resilience plan is expected to contribute to effectively addressing all or a significant subset of challenges identified in the relevant country-specific recommendations including fiscal aspects thereof and recommendations made pursuant to Article 6 of Regulation (EU) No 1176/2011 where appropriate, addressed to the Member State concerned or challenges identified in other relevant documents officially adopted by the Commission in the context of the European Semester.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the recovery and resilience plan is expected to contribute to effectively addressing all or a significant subset of challenges identified in the relevant country-specific recommendations, including fiscal aspects thereof and recommendations made pursuant to Article 6 of Regulation (EU) No 1176/2011 where appropriate, addressed to the Member State concerned or challenges identified in other relevant documents officially adopted by the Commission in the context of the European Semester, taking into account the financial contribution of the Member State concerned and the requested loan support as well as the scope and scale of country-specific challenges and the information included in the National Reform Programme;

and

  • — the recovery and resilience plan represents a comprehensive and adequate response to the economic and social situation of the Member State concerned;

and

  • — the challenges addressed by the recovery and resilience plan are considered as significant to boost the growth potential of the economy of the Member State concerned in a sustainable manner;

and

  • — following the completion of the proposed reforms and investments, the related challenges would be expected to have been resolved or addressed in a manner that significantly contributes to their resolution.

Rating

  • A – the recovery and resilience plan contributes to effectively addressing all or a significant subset of challenges identified in the country-specific recommendations, or challenges in other relevant documents officially adopted by the Commission under the European Semester, and the recovery and resilience plan represents an adequate response to the economic and social situation of the Member State concerned
  • B – the recovery and resilience plan contributes to partially addressing all or a significant subset of challenges identified in the country-specific recommendations, or challenges in other relevant documents officially adopted by the Commission under the European Semester and the recovery and resilience plan represents an adequate response to the economic and social situation of the Member State concerned
  • C – the recovery and resilience plan does not contribute to addressing any challenges identified in the country-specific recommendations, or in other relevant documents officially adopted by the Commission under the European Semester and the recovery and resilience plan does not represent an adequate response to the economic and social situation of the Member State concerned
  • 2.3. The recovery and resilience plan is expected to effectively contribute to strengthening the growth potential, job creation, and economic, social and institutional resilience of the Member State, contributing to the implementation of the European Pillar of Social Rights, including through the promotion of policies for children and youth, and to mitigating the economic and social impact of the COVID-19 crisis, thereby enhancing the economic, social and territorial cohesion and convergence within the Union.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the recovery and resilience plan contains measures that aim to foster economic growth and economic cohesion in an inclusive manner, in particular addressing weaknesses of the economy of the Member States, boosting the growth potential of the economy of the Member State concerned, stimulating job creation, and mitigating the adverse effects of the crisis;

and

  • — the recovery and resilience plan contains measures that aim to strengthen social cohesion and social protection systems, including policies for children and youth, by reducing social vulnerabilities, contributing to the implementation of the principles of the European Pillar of Social Rights and contributing to improving the levels of the indicators of its Social Scoreboard;

and

  • — the recovery and resilience plan aims to reduce economic vulnerabilities of the Member State to shocks;

and

  • — the recovery and resilience plan aims to increase the capacity of the economic and/or social structures and institutions of the Member State to adjust to and withstand shocks;

and

  • — the recovery and resilience plan is expected to contribute to enhancing economic, social and territorial cohesion and convergence.

Rating

  • A – high expected impact
  • B – medium expected impact
  • C – low expected impact
  • 2.4. The recovery and resilience plan is expected to ensure that no measure for the implementation of reforms and investments projects included in the recovery and resilience plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’).

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — no measure for the implementation of reforms and investments projects included in the recovery and resilience plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’).

Rating

  • A – no measure does significant harm to environmental objectives (the principle of ‘do no significant harm’)
  • C – one or more measure does significant harm to environmental objectives (the principle of ‘do no significant harm’)
  • 2.5. The recovery and resilience plan contains measures that effectively contribute to the green transition, including biodiversity, or to addressing the challenges resulting therefrom, that account for an amount which represents at least 37 % of the recovery and resilience plan’s total allocation and such measures in the REPowerEU chapter account for an amount which represents at least 37 % of the total estimated costs of the measures in the REPowerEU chapter, based on the methodology for climate tracking set out in Annex VI; that methodology shall be used accordingly for measures that cannot be directly assigned to an intervention field listed in Annex VI; the coefficients for support for the climate objectives may be increased up to a total amount of 3 % of the allocation of the recovery and resilience plan for individual investments to take account of accompanying reform measures that credibly increase their impact on the climate objectives, subject to the agreement of the Commission.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the implementation of the envisaged measures is expected to effectively contribute to the green transition, including biodiversity, and, where applicable, to addressing the challenges resulting therefrom, thereby contributing to the achievement of the Union 2030 climate targets while complying with the objective of EU climate neutrality by 2050;

and

  • — Member States apply a methodology consisting of assigning a specific weighting to the support provided, which reflects the extent to which such support makes a contribution to climate objectives. The weightings shall be based on the dimensions and codes for the types of intervention established in Annex VI and may be increased for individual investments to take account of accompanying reform measures that credibly increase their impact on the climate objectives. The same weighting system shall apply for measures that cannot be directly assigned to an intervention field listed in Annex VI;

and

  • — the implementation of the envisaged measures is expected to have a lasting impact.

Rating

  • A – to a large extent
  • B – to a moderate extent.
  • C – to a small extent
  • 2.6. The recovery and resilience plan contains measures that effectively contribute to the digital transition or to addressing the challenges resulting therefrom, and that account for an amount which represents at least 20 % of the recovery and resilience plan’s total allocation, based on the methodology for digital tagging set out in Annex VII; that methodology shall be used accordingly for measures that cannot be directly assigned to an intervention field listed in Annex VII; the coefficients for support for the digital objectives may be increased for individual investments to take account of accompanying reform measures that increase their impact on the digital objectives.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the implementation of the envisaged measures is expected to significantly contribute to the digital transformation of economic or social sectors;

or

  • — the implementation of the envisaged measures is expected to significantly contribute to address the challenges resulting from digital transition;

and

  • — Member States apply a methodology consisting of assigning a specific weighting to the support provided, which reflects the extent to which such support makes a contribution to digital objectives. The weightings shall be based on the dimensions and codes for the types of intervention established in Annex VII and may be increased for individual investments to take account of accompanying reform measures that increase their impact on the digital objectives. The same weighting system shall apply for measures that cannot be directly assigned to an intervention field listed in Annex VII;

and

  • — the implementation of the envisaged measures is expected to have a lasting impact.

Rating

  • A – to a large extent
  • B – to a moderate extent
  • C – to a small extent

Effectiveness:

  • 2.7. The recovery and resilience plan is expected to have a lasting impact on the Member State concerned.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the implementation of the envisaged measures is expected to bring about a structural change in the administration or in relevant institutions;

or

  • — the implementation of the envisaged measures is expected to bring about a structural change in relevant policies;

and

  • — the implementation of the envisaged measures is expected to have a lasting impact.

Rating

  • A – to a large extent
  • B – to a moderate extent
  • C – to a small extent
  • 2.8. The arrangements proposed by the Member States concerned are expected to ensure effective monitoring and implementation of the recovery and resilience plan, including the envisaged timetable, milestones and targets, and the related indicators.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — a structure is tasked within the Member State with: (i) the implementation of the recovery and resilience plan; (ii) the monitoring of progress on milestones and targets; and (iii) the reporting;

and

  • — the proposed milestones and targets are clear and realistic and the proposed indicators for those milestones and targets are relevant, acceptable and robust;

and

  • — the overall arrangements proposed by the Member States in terms of organisation (including provision to ensure sufficient staff allocation) of the implementation of the reforms and investments, are credible.

Rating

  • A – adequate arrangements for effective implementation
  • B – minimum arrangements for effective implementation
  • C – insufficient arrangements for effective implementation

Efficiency:

  • 2.9. The justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan is reasonable and plausible and is in line with the principle of cost efficiency and is commensurate to the expected national economic and social impact.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the Member State provided sufficient information and evidence that the amount of the estimated total costs of the recovery and resilience plan is appropriate (reasonable);

and

  • — the Member State provided sufficient information and evidence that the amount of the estimated total costs of the recovery and resilience plan is in line with the nature and the type of the envisaged reforms and investments (plausible);

and

  • — the Member State provided sufficient information and evidence that the amount of the estimated total costs of the recovery and resilience plan to be financed under the Facility is not covered by existing or planned Union financing;

and

  • — the amount of the estimated total costs of the recovery and resilience plan is commensurate to the expected social and economic impact of the envisaged measures included on the Member State concerned.

Rating

  • A – to a high extent
  • B – to a medium extent
  • C – to a low extent
  • 2.10. The arrangements proposed by the Member State concerned are expected to prevent, detect and correct corruption, fraud and conflicts of interests when using the funds provided under the Facility, including the arrangements that aim to avoid double funding from the Facility and other Union programmes.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the internal control system described in the recovery and resilience plan is based on robust processes and structures, and identifies clear actors (bodies/entities) and their roles and responsibilities for the performance of the internal control tasks; it notably ensures appropriate segregation of relevant functions;

and

  • — the control system and other relevant arrangements, including for the collection and making available of data on final recipients described in the recovery and resilience plan, in particular to prevent, detect and correct corruption, fraud and conflicts of interests when using the funds provided under the Facility are adequate;

and

  • — the arrangements described in the recovery and resilience plan to avoid double funding from the Facility and other Union programmes are adequate;

and

  • — the actors (bodies/entities) responsible for controls have the legal empowerment and administrative capacity to exercise their foreseen roles and tasks.

Rating

  • A – adequate arrangements
  • C – insufficient arrangements

Coherence:

  • 2.11. The recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the recovery and resilience plan includes measures that contribute to reinforcing the effects of one another;

or

  • — the recovery and resilience plan includes measures that are complementary to one another.

Rating

  • A – to a high extent
  • B – to a medium extent
  • C – to a low extent
  • 2.12. The measures referred to in Article 21c are expected to effectively contribute to energy security, the diversification of the Union’s energy supply, an increase in the uptake of renewables and in energy efficiency, an increase of energy storage capacities or the necessary reduction of dependence on fossil fuels before 2030.

When assessing the measures referred to in Article 21c under this criterion, the Commission shall take into account the specific challenges and the additional funding under the Facility available to the Member State concerned. The Commission shall also take into account the following elements:

Scope

  • — the implementation of the envisaged measures is expected to effectively contribute to the improvement of energy infrastructure and facilities to meet immediate security of supply needs for gas, including liquified natural gas, or oil where the derogation under Article 21c(3), point (a), applies, notably to enable diversification of supply in the interest of the Union as a whole; or
  • — the implementation of the envisaged measures is expected to effectively contribute to boosting energy efficiency in buildings and critical energy infrastructure, decarbonising industry, increasing production and uptake of sustainable biomethane and of renewable or fossil-free hydrogen, and increasing the share and accelerating the deployment of renewable energy; or
  • — the implementation of the envisaged measures is expected to effectively contribute to addressing energy poverty and, where relevant, give adequate priority to the needs of those affected by energy poverty as well as to the reduction of vulnerabilities during the coming winter seasons; or
  • — the implementation of the envisaged measures is expected to effectively contribute to incentivising reduction of energy demand; or
  • — the implementation of the envisaged measures is expected to address internal and cross-border energy transmission and distribution bottlenecks, supporting electricity storage and accelerating the integration of renewable energy sources, and supporting zero emission transport and its infrastructure, including railways; or
  • — the implementation of the envisaged measures is expected to effectively contribute to supporting the objectives set out in Article 21c(3), points (a) to (e), through an accelerated requalification of the workforce towards green and related digital skills, as well as support of the value chains in critical raw materials and technologies linked to the green transition; and
  • — the envisaged measures are coherent with the efforts of the Member State concerned to achieve the objectives set out in Article 21c(3), taking into account the measures included in the already adopted Council implementing decision, as well as other nationally funded and Union-funded complementary or accompanying measures to the objectives set out in Article 21c(3).

Rating

A – to a large extent

B – to a moderate extent

C – to a small extent

  • 2.13. The measures referred to in Article 21c are expected to have a cross-border or multi-country dimension or effect.

The Commission shall take into account the following elements for the assessment under this criterion:

Scope

  • — the implementation at the national level of the envisaged measures is expected to contribute to securing energy supply in the Union as a whole, including by addressing challenges identified in the Commission’s most recent needs assessment, in line with the objectives set out in Article 21c(3), taking into account the financial contribution available to the Member State concerned and its geographical position; or
  • — the implementation of the envisaged measures is expected to contribute to reducing dependency on fossil fuels and to reducing energy demand.

Rating

A – to a large extent

B – to a moderate extent

C – to a small extent

    1. Determination of the financial contribution

In accordance with Article 20, the Commission proposal shall determine the financial contribution taking into account the importance and coherence of the recovery and resilience plan proposed by the Member State concerned, as assessed under the criteria set out in Article 19(3). For that purpose, it shall apply the following criteria:

  • (a) where the recovery and resilience plan complies satisfactorily with the criteria set out in Article 19(3), and the amount of the estimated total costs of the recovery and resilience plan is equal to, or higher than, the maximum financial contribution calculated for that Member State in accordance with Article 11, the financial contribution allocated to the Member State concerned shall be equal to the total amount of the maximum financial contribution calculated for that Member State in accordance with Article 11;
  • (b) where the recovery and resilience plan complies satisfactorily with the criteria set out in Article 19(3), and the amount of the estimated total costs of the recovery and resilience plan is lower than the maximum financial contribution calculated for that Member State in accordance with Article 11, the financial contribution allocated to the Member State shall be equal to the amount of the estimated total costs of the recovery and resilience plan;
  • (c) where the recovery and resilience plan does not comply satisfactorily with the criteria set out in Article 19(3), no financial contribution shall be allocated to the Member State concerned. For the purpose of the implementation of this paragraph, the following formulae shall apply:
  • — for (a) above: If Ci ≥ MFCi the Member State i receives MFCi
  • — for (b) above: If Ci < MFCi the Member State i receives Ci where:
  • — i refers to the Member State concerned
  • — MFC is the maximum financial contribution for the Member State concerned
  • — C is the amount of the estimated total costs of the recovery and resilience plan.

As a result of the assessment process, and taking into account the ratings:

The recovery and resilience plan complies satisfactorily with the assessment criteria:

If the final ratings for the criteria under point 2 include scores with:

  • — an A for criteria 2.2, 2.3, 2.5, 2.6 and 2.12

and for the other criteria:

  • — all As,

or

  • — no majority of Bs over As and no Cs.

The recovery and resilience plan does not comply satisfactorily with the assessment criteria:

If the final ratings for the criteria under point 2 include scores with:

  • — not an A in criteria 2.2, 2.3, 2.5, 2.6 and 2.12

and for the other criteria:

  • — a majority of Bs over As,

or

  • — at least one C.

ANNEX VI

Methodology for climate tracking

Dimensions and codes for the types of intervention for the Facility

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