Changes from plenary report to adopted text

Removed7. Tender applicants and candidates from non-eligible countries may be accepted as eligible in cases of urgency or where services are unavailable in the markets of the countries or territories concerned, or in other duly substantiated cases where the application of the eligibility rules would make the realisation of an activity impossible or exceedingly difficult.

Removed8. In the framework of the Union’s restrictive measures, adopted on the basis of Article 29 TEU and Article 215 TFEU, no funds or economic resources may be made available, directly or indirectly, to or for the benefit of legal persons, entities or bodies subject to Union restrictive measures. Such persons and entities, and entities owned or controlled by them, shall not be supported by the Facility either directly or indirectly, including as indirect owners, sub-contractors in the supply chain or ultimate beneficiaries.

RemovedFacility Agreement

Removed1. The Commission shall conclude a Facility Agreement with Moldova for the implementation of this Regulation setting out the obligations and payment conditions for the disbursement of funding.

Removed2. The Facility Agreement shall be complemented by a loan agreement in accordance with Article 15, setting out specific provisions for the management and implementation of funding provided in the form of a loan. The Facility Agreement, including any related documentation, shall be made available▌, to the European Parliament and the Council simultaneously and without delay.

Removed3. With the exception of bridge financing referred to in Article 17a, funding shall be granted to Moldova only after the Facility Agreement and the loan agreement have entered into force.

Removed4. The Facility Agreement and the loan agreement concluded with Moldova shall ensure that the obligations set out in Article 129 of Regulation (EU, Euratom) 2024/2509 are fulfilled.

Removed5. The Facility Agreement shall lay down the necessary detailed provisions concerning:

Removed(a) the commitment of Moldova to make decisive progress towards a robust legal framework to fight fraud, and establish more efficient and effective control systems, including appropriate mechanisms for the protection of whistleblowers as well as appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest as well as to strengthen the fight against money laundering, organised crime, misuse of public funds, terrorism financing, tax avoidance, tax fraud or tax evasion, and other illegal activities affecting the funds provided under the Facility;

Removed(b) the rules on the release, withholding and reduction of funds in accordance with Article 19;

Removed(c) the detailed rules on and the obligation of Moldova to provide part of total loan amount for projects approved under the NIP, pursuant to Art. 6(4).

Removed(d) the activities related to management, control, supervision, monitoring, evaluation, reporting and audit, as well as system reviews, investigations, anti-fraud measures and cooperation;

Removed(e) the rules on reporting to the Commission on whether and how the payment conditions referred to in Article 10 are fulfilled;

Removed(f) the rules on taxes, duties and charges in accordance with Article 27(9) and (10) of Regulation (EU) 2021/947;

Removed(g) the measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest, and the obligation for persons or entities implementing Union funds under the Regulation to notify the Commission, OLAF and, where applicable, EPPO, without delay, of suspected or actual cases of irregularities, fraud, corruption and conflicts of interest and other illegal activities affecting the funds provided under the Facility and their follow-up;

Removed(h) the obligations referred to in Articles 21 and 22, including the precise rules and a timeframe on collection of data by Moldova and access to it for the Commission, OLAF, the Court of Auditors and, where applicable, EPPO;

Removed(i) a procedure to ensure that disbursement requests for loan support fall within the available loan amount, in accordance with Article 6(1);

Removed(j) the right of the Commission to reduce proportionately the support provided under the Regulation and to recover any amount referred to in Article 6(1) spent to achieve the objectives of the Regulation, or to ask for early repayment of the loan, in cases of irregularities, fraud, corruption and conflicts of interest affecting the financial interests of the Union that have not been corrected by Moldova, of a reversal of qualitative or quantitative steps, or of a serious breach of an obligation provided for in the Facility Agreement;

Removed(k) rules and modalities for Moldova to report for the purpose of monitoring the implementation of the Facility and assessing the achievement of the objectives set out in Article 3.

Removed(l) the obligation for Moldova to transmit electronically to the Commission the data referred to in Article 20.

RemovedReform Agenda

RemovedSubmission of Reform Agenda

Removed1. In order to receive any support under this Regulation, Moldova shall submit to the Commission a Reform Agenda for 2025-2027 based on the key principles and objectives of socio-economic and fundamental reforms set out in the EU-Moldova Association Agreement, agreed under the European Neighbourhood Policy, and the enlargement policy framework.

Removed2. The Reform Agenda shall provide an overarching framework to achieve the general and specific objectives set out in Article 3, setting out the reforms to be undertaken by Moldova, as well as investment areas. The Reform Agenda shall comprise measures for the implementation of reforms through a comprehensive and coherent package. In the areas of the fundamentals of the enlargement process, including the rule of law, the fight against corruption, including high-level corruption, fundamental rights and the freedom of expression, the Reform Agendas shall reflect the assessments in the enlargement policy framework.

Removed3. The Reform Agendas shall be consistent with the latest macroeconomic and fiscal policy framework submitted to the Commission in the context of the Economic and Financial Dialogue with the Union.

Removed4. The Reform Agenda shall be consistent with and support the reform priorities identified in the context of Moldova’s accession path, and in other relevant documents, the Nationally Determined Contribution under the Paris Agreement and the ambition to reach climate neutrality by 2050 at the latest.

Removed5. The Reform Agenda shall respect the general principles set out in Article 4.

Removed6. The Reform Agenda shall be prepared in an inclusive and transparent manner, in consultation with social partners and civil society organisations.

Removed7. The Commission shall invite Moldova to submit its Reform Agenda within three months of the entry into force of this Regulation. The Commission shall transmit Moldova’s Reform Agenda to the European Parliament and the Council as soon as it is received.

RemovedPrinciples for financing under the Reform Agenda

Removed1. The Regulation shall provide incentives for the implementation of the Reform Agenda by setting payment conditions on the release of funds. Those payment conditions shall apply to funds under Article 6(1), with the exception of complementary support including support to civil society organisations and technical assistance. Those payment conditions shall take the form of measurable qualitative or quantitative steps. Such steps shall reflect progress on specific socio-economic reforms and on the fundamentals of the enlargement process linked to the achievement of the objectives of the Facility set out in Article 3, consistent with the enlargement policy framework.

Removed2. The fulfilment of those payment conditions shall trigger full or partial release of funds, depending on the degree of their completion.

Removed3. Macro financial stability, sound public financial management, transparency and oversight of the budget are general conditions for payments that shall be fulfilled for any release of funds.

RemovedFunds under the Facility shall not support activities or measures which undermine the sovereignty and territorial integrity of Moldova.

RemovedContent of the Reform Agenda

Removed1. The Reform Agenda shall in particular set out the following elements, which shall be reasoned and substantiated:

Removed(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investments, and measures to ensure compliance with preconditions referred to in Article 5, where appropriate;

Removed(b) an explanation of how the measures are consistent with the general principles referred to in Article 4, as well as the requirements, strategies, plans and programmes referred to in Articles 4 and 10;

Removed(c) an explanation of how the measures are expected to further strengthen the fundamentals of the enlargement process as referred to in Article 3(2), point (n), including the rule of law, fundamental rights and the fight against corruption;

Removed(d) an indicative list of investment projects and programmes intended for discussion and approval under the NIP,, including respective overall investment volumes and envisaged timelines for implementation;

Removed(e) an explanation of the extent to which the measures are expected to contribute to climate and environmental objectives and their compatibility with the principle ‘do no significant harm’;

Removed(f) an explanation of the extent to which the measures are expected to contribute to digital transformation;

Removed(g) an explanation of the extent to which the measures are expected to contribute to education, training and employment and social objectives;

Removed(h) an explanation of the extent to which the measures are expected to contribute to gender equality and the empowerment of women and girls, and the promotion of women and girls’ rights;

Removed(i) for the reforms and investments, an indicative timetable, and the envisaged payment conditions for the release of funds in the form of measurable qualitative and quantitative steps planned to be implemented by 31 December 2027 at the latest;

Removed(j) an explanation of how the measures are expected to contribute to a progressive and continuous alignment with the CFSP, including Union restrictive measures;

Removed(k) the arrangements for the effective monitoring, reporting and evaluation of the Reform Agenda by Moldova, including the proposed measurable qualitative and quantitative steps and relevant indicators set out in paragraph 2;

Removed(l) an explanation of Moldova’s system to effectively prevent, detect and correct irregularities, fraud, corruption, including high-level corruption, and conflicts of interest and to enforce State aid control rules, and the proposed measures to address existing deficiencies in the first years of the implementation of the Reform Agenda;

Removed(m) for the preparation and, where available, for the implementation of the Reform Agenda, a summary of the consultation process, conducted in accordance with Moldova’s legal framework, of relevant stakeholders, including Moldova’s parliament, local and regional representative bodies and authorities, social partners and civil society organisations, and how the input of those stakeholders is reflected in the Reform Agenda;

Removed(n) a communication and visibility plan on the Reform Agenda for the local audiences of Moldova;

Removed(o) any other relevant information.

Removed2. The Reform Agenda shall be results-based and include indicators for assessing progress towards the achievement of the general and specific objectives set out in Article 3. Those indicators shall be based, where appropriate and relevant, on internationally agreed indicators and those already available related to the Moldova’s policies. Indicators shall also be coherent, to the extent possible, with the key performance indicators included in Commission Implementing Decision approving the Reform Agendas for the Western Balkans under Regulation (EU) 2024/1449 and in the EFSD+ Results Measurement Framework.

RemovedCommission assessment of the Reform Agenda

Removed1. The Commission shall assess the relevance, comprehensiveness and appropriateness of Moldova’s Reform Agenda or, where applicable, any amendment to that Agenda, without undue delay. When carrying out its assessment, the Commission shall act in close cooperation with Moldova, and may make observations, seek additional information or require Moldova to review or modify its Reform Agenda.

Removed2. As regards the objective set out in Article 11(1)(j) of this Regulation, the Commission, in accordance with Decision 2010/427/EU, shall duly take into account the role and the contribution of the EEAS.

Removed3. When assessing the Reform Agenda, the Commission shall take into account relevant available analytical information about Moldova, including its macroeconomic situation and debt sustainability, the justification and the elements provided by Moldova as referred to in Article 13, as well as any other relevant information such as the information listed in Article 11.

Removed4. In its assessment, the Commission shall consider in particular the following criteria:

Removed(a) whether the Reform Agenda represents a relevant, comprehensive, coherent and adequately balanced response to the objectives set out in Article 3 and elements set out in Article 11;

Removed(b) whether the Reform Agenda and its measures are consistent with the principles, strategies, plans and programmes referred to in Articles 4 and 11;

Removed(c) whether the Reform Agenda can be expected to accelerate progress towards bridging the socio-economic gap between Moldova and the Union, and thereby enhances their economic, social and environmental development and supports the convergence towards the Union’s standards, reduces inequalities and reinforces social cohesion;