Changes from plenary report to adopted text

Change 9

RemovedDirective 2021/1058/EC

AddedRegulation (EU) 2021/1058

Change 10

ChangedArticle 10 – paragraph 1 – point 3, Article 3 – paragraph 1a: 1a1a. The resources under the specific objective referred to in Article 3(1), points (a)(vi) and (b)(ix) shall be programmed under dedicated priorities corresponding to the respective policy objective and shall be limited to a maximum of 20% of the initial allocation of the ERDF. / The Commission shall pay 30 % of the ERDF allocation to the priorities referred to in the first subparagraph as set out in the decision approving the programme amendment as exceptional one-off pre-financing in addition to the yearly pre-financing for the programme provided for in Article 90(1) and (2) of Regulation (EU) 2021/1060 or in Article 51(2), (3) and (4) of Regulation (EU) 2021/1059. The exceptional pre-financing shall be paid by 31 December 2024, provided the Commission has adopted the decision approving the programme amendment by 31 October 2024. / By way of derogation from Article 112 of Regulation (EU) 2021/1060, the co-financing rates for dedicated priorities established to support the STEP objectives referred to in Article 2 of Regulation…/… [STEP Regulation] may all be increased up to 100 %.’

Change 11

ChangedArticle 12 – paragraph 1 – point 1, Article 12a:12a – paragraph 1: In addition to the pre-financing for the programme provided for in Article 90(1) and (2) of Regulation (EU) 2021/1060, where the Commission approves an amendment of a programme including one or more priorities dedicated to operations supported by the ESF+ contributing to the STEP objectives referred to in Article 2 of Regulation .../..66 [STEP Regulation], it shall make an exceptional pre-financing of 30% on the basis of the allocation to those priorities. This exceptional pre-financing shall also benefit operations which contribute to the deployment of the learning programmes of the European Net Zero Industry Academies as well as the training of young people and the skilling, upskilling and reskilling of workers in net-zero technologies. The exceptional pre-financing shall be paid by 31 December 2024, provided the Commission has adopted the decision approving the programme amendment by 31 October 2024.

Change 12

ChangedArticle 12 – paragraph 1, Article 12a – paragraph 1 – sixth subparagraph:6: By way of derogation from Article 112 of Regulation (EU) 2021/1060, the co-financing rates for dedicated priorities established to support the STEP objectives referred to in Article 2 of Regulation .../... [STEP Regulation] may be increased up to 100 %.’

Change 13

ChangedRegulation (EU) 2013/1303No 1303/2013

Change 14

ChangedArticle 14 – Paragraphparagraph 1 – Pointpoint -1a,-1a Annex(new), Article 2 – point 29: (-1a) In Article 2, point (29) is inserted:replaced by the following: / ‘(29) 'accounting year', means, for the purposes of Part Three and Part Four, the period from 1 July to 30 June, except for the first accounting year of the programming period, in respect of which it means the period from the start date for eligibility of expenditure until 30 June 2015. The final accounting year shall be from 1 July 2024 to 30 June 2025;’

Change 15

ChangedRegulation (EU) 2013/1303No 1303/2013

Change 16

ChangedArticle 14 – Paragraphparagraph 1 – Pointpoint -1b,-1b (new), Article 24 – paragraph 1a(new): (-1b) In Article 24 the following paragraph (1a) (new) is inserted: / ‘1a. By way of derogation from Article 60(1) and the first and fourth subparagraphs of Article 120(3), a co-financing rate of up to 100 % may be applied to expenditure declared in the final accounting year for one or more priority axes in a programme supported by the ERDF, the ESF or the Cohesion Fund. By way of derogation from Article 30(1) and (2) and Article 96(10), the application of the co-financing rate of up to 100 % shall not require a Commission decision approving a programme amendment. The Member State shall notify the revised financial tables to the Commission following approval by the monitoring committee. The co-financing rate of up to 100 % shall apply only if the financial tables are notified to the Commission before the submission of the final application for an interim payment for the final accounting year in accordance with Article 135(2).’

Change 17

ChangedRegulation (EU) 2013/1303No 1303/2013

Change 18

ChangedArticle 14 – Paragraphparagraph 1 – Pointpoint -1c,-1c (new), Article 65 – paragraph 2: (-1c) In Article 65, paragraph 2 is replaced by the following: / '2. Expenditure shall be eligible for a contribution from the ESI Funds if it has been incurred by a beneficiary and paid between the date of submission of the programme to the Commission or from 1 January 2014, whichever is earlier, and 31 December 2024. In addition, expenditure shall only be eligible for a contribution from the EAFRD if the relevant aid is actually paid by the paying agency between 1 January 2014 and 31 December 2024.

Change 19

RemovedRegulation (EU) 2013/1303

AddedArticle 14 – paragraph 1 – point 1 – introductory part: (1) Article 135 is amended as follows: / (a) the following paragraph 6 is added:

RemovedArticle 14 – paragraph 1 – point 1 - introductory part, Article 14 – paragraph 1 – point 1 - introductory part: (1) Article 135 is amended as follows: / (a) The following paragraph 6 is added:

AddedRegulation (EU) No 1303/2013

Change 20

ChangedArticle 14 – paragraph 1 – point 1 - introductory part:part, (a)Article The135 following– paragraph 6 is added: /6: Amounts from resources other than REACT-EU reimbursed by the Commission as interim payments in 2025 shall not exceed 10 % of the total financial appropriations to the programme concerned by Fund, REACT-EU resources excluded. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure.’

Change 21

ChangedRegulation (EU) 2013/1303No 1303/2013

Change 22

ChangedArticle 14 – paragraph 1 – point b,b (new), Article 4135 – paragraph 1 –6 subparagrapha 1:(new): (b) The following paragraph 6a is added: / ‘6a. For the outermost regions as defined in Article 349 TFEU, by way of derogation from paragraph 2 the deadline for the submission of the final application for an interim payment for the final accounting year shall be 30 June 2025. The last application for interim payment submitted by 31 December 2025 shall be deemed to be the final application for an interim payment for the final accounting year. / Amounts from resources other than REACT-EU reimbursed by the Commission as interim payments in 2025 shall not exceed 15 % of the total financial appropriations to the programme concerned by Fund, REACT-EU resources excluded. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure’

Change 23

ChangedRegulation (EU) 2013/1303No 1303/2013

Change 24

ChangedRegulation (EU) 2013/1303No 223/2014

Change 25

ChangedArticle 14 – paragraph 1 – point 2a,2 a (new), Article 141 – paragraph 1: (2a) In Article 141, paragraph 1 is replaced by the following: / ‘1. In addition to the documents referred to in Article 138, for the final accounting year from 1 July 2024 to 30 June 2025, Member States shall submit a final implementation report for the operational programme or the last annual implementation report for the operational programme supported by the EMFF.’

Change 26

ChangedArticle 16 – paragraph 1 – point 2 – point aa,a a (new), Article 4 – paragraph 1 – subparagraph 4: (aa) In paragraph 1, the following fourth subparagraph is inserted: / 'An additional amount of the EU guarantee may also be provided in the form of cash by Member States to the Member State compartment to support the objectives referred to in Article 2 of Regulation .../... [STEP Regulation] using the proceeds of loans granted to Member States pursuant to Article 33a of Regulation (EU) 2021/241 [RRF Regulation].’

Change 27

ChangedArticle 16 – paragraph 1 – point 4a,4 a (new), Article 9 – paragraph 1 – point b – subparagraph 2:b: (4a) In Article 9(1), point (b) is replaced by the following: / '(b) the Member State compartment shall address specific market failures or suboptimal investment situations in one or several regions or Member States to deliver the policy objectives of the contributing funds under shared management or of the additional amount provided by a newMember State under the third subparagraph isof addedArticle 4(1), in pointparticular (b):to /strengthen 'Theeconomic, social and territorial cohesion in the Union by addressing imbalances between its regions. The additional amount provided by a Member State in the form of cash under the fourth subparagraph of Article 4(1) shall be earmarked for projects contributing to the objectives referred to in Article 2 of Regulation .../... [STEP Regulation].

Change 28

ChangedArticle 16 – paragraph 1 – point 4b,4 b (new), Article 10 – paragraph 3 – point h: (4b) In Article 10,10(3), a new point (h) is inserted in paragraph 3:inserted: / '(h) any contribution in the form of cash to the Member State compartment made with the proceeds of RRFRecovery and Resilience Facility loans pursuant to Article 33a of Regulation (EU) 2021/241 [RRFof Regulation]';the European Parliament and the Council1a; / 1a Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).

Change 29

ChangedArticle 16 – paragraph 1 – point 5a,5 a (new), Article 11 – paragraph 1 – point b – point viii: (5a) In Article 11(1)11(1), point (b), a new item (viii)point is inserted in point (b):inserted: / '(viii) monitoring the implementation and the consistency with the national recovery and resilience plans of the STEP projects financed with the proceeds of RRF loans.'

Change 30

ChangedArticle 16 – paragraph 1 – point 6 - point b (new), Article 13 – paragraph 5: (6b) paragraph 5 is replaced by the following: / '5. The remaining 25 % of the EU guarantee under the EU compartment shall be granted to other implementing partners, which shall also provide a financial contribution to be determined in the guarantee agreements. Where the Commission determines that national promotional banks or institutions do not make full use of the remaining 25 % of the EU guarantee under the EU compartment, the excess amount may exceptionally be granted to the EIB Group.’Group.’;

Change 31

ChangedArticle 16 – paragraph 1 – point 6 – point c (new), Article 13 – paragraph 5a (new): (c) the following paragraph 5a is inserted: / 5a.‘5a. Where applicable, the Commission shall justify its decision pursuant to paragraph 5 to grant the EIB Group more than 75% of the EU guarantee in the Annual Report to the European Parliament referred to in article 7 of Regulation.../... [STEP Regulation]. The European Commission shall also inform of any actions aiming to increase the absorption capacity of the other implementing partners.partners.’;

Change 32

ChangedArticle 16 – paragraph 1 – point 6 – point d (new), Article 13 – paragraph 7 – subparagraph 2: (d) thein secondparagraph subparagraph7, ofthe paragraphsecond 7subparagraph is replaced by the following: / Contracts'Contracts between the implementing partner and the final recipient or the financial intermediary or other entity referred to in point (a) of Article 16(1) under the EU guarantee referred to in the first subparagraph of Article 4(2) shall be signed at the latest two years after the approval of the relevant financing or investment operation by the implementing partner. In other cases, contracts between the implementing partner and the final recipient or the financial intermediary or other entity referred to in point (a) of Article 16(1) shall be signed by 31 December 2028. ’;

Change 33

ChangedArticle 16 – paragraph 1 – point 6 – point e (new), Article 13 – paragraph 6a (new): (e) the following paragraph 6a is inserted: / ‘6a. The EIB Group shall aim to preserve a geographical balance, particularly with regard to cross-border projects.’

Change 34

ChangedArticle 17 – paragraph 1 – point -1b-1 (new), Article 7 – paragraph 10: (1a)(-1) Inin Article 7, paragraph 10 shall beis replaced by the following: / ’10. As part of the general Union objective of mainstreaming climate actions into Union sectoral policies and Union funds, actions under this Programme shall contribute at least 35 % of the expenditure to climate objectives where appropriate. Climate mainstreaming shall be adequately integrated in R&I content. For the implementation of this objective, the Commission may rely on the 'Do No Significant Harm' principle in accordance with Article 17 of Regulation (EU) 2020/852 to ensure that climate spending does not adversely affect other environmental objectives and that investments in other environmental objectives are in line with the climate objective. The use of this principle shall be limited to calls for proposals for projects which directly relate to environmental objectives, as defined in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council, and which aim to fund activities close to market deployment. The use of the principle shall be accompanied by detailed guidance from the Commission on how compliance with the principle shall be evaluated in the context of the specific call in which the principle is used.

Change 35

ChangedArticle 17 – paragraph 1 – point -1b-1 a (new), Article 9 – paragraph 1 – subparagraph 2 – points b and c: (-1)(-1a) in Article 9(1), points (b) and (c) are replaced by the following: / ‘(b) autonomy, particularly for the implementation of equity support in order to ensure market-conform investment timelines as well as risk-taking as referred to in point (c); / (c) ability to take more risk than the market standards, particularly by providing patient investment to non-bankable innovations.’

Change 36

ChangedArticle 17 – paragraph 1 – point 3 – point a (new), Article 48 – paragraph 1– subparagraph 21 – point c: (3a)(a) in paragraph 1, second subparagraph, point (c) is replaced by the following: / ‘(c) equity-only support to non-bankable SMEs, including start-ups, carrying out breakthrough and disruptive non-bankable innovation may also be provided;’

Change 37

ChangedArticle 17 – paragraph 1 – point 3 – point b (new), Article 48 – paragraph 1 – subparagraph 2 – point d1 – point c:d: (3b)(b) in paragraph 1, second subparagraph, point (d) is added: / (d) equity-only support required for scale-up to non-bankable SMEs, including start-ups, and non-bankable small mid-caps, including entities which have already received support in line with points (a) to (c), carrying out breakthrough and disruptive non-bankable innovation in the technologies referred to in Article 2(1)(a) of Regulation .../... [STEP Regulation], financed under Article 3(b) of that Regulation.

Change 38

ChangedArticle 17 – paragraph 1 – point 3 – point c (new), Article 48 – paragraph 1 – subparagraph 3 a (new): (c) in paragraph 1, the following subparagraph is added :added: / ‘When providing equity support, the EIC shall strive to crowd-in other investors. However, in order to effectively support non-bankable innovation, equity support can be provided without crowding in other investors, particularly for but not limited to breakthrough and disruptive non-bankable innovation in the technologies referred to in Article 2(1)(a) of Regulation .../... [STEP Regulation].

Change 39

ChangedArticle 17 – paragraph 1 – point 3 – point e (new), Article 48 – paragraph 8:8 – subparagraph 1: (e) in paragraph 8, the first subparagraph is replaced by the following: / ‘For a proposal having passed the evaluation, the independent external experts referred to in paragraph 4 shall propose a corresponding Accelerator support, based on the risk incurred and the resources and time necessary to bring and deploy the innovation to the market. The Commission may reject, for justified reasons, a proposal retained by independent external experts, including due to non-compliance with the objectives of Union policies. The Programme Committee shall be informed of the reasons for such a rejection.’

Change 40

ChangedRegulation (EU) 2021/5232021/241

Change 41

ChangedRegulation (EU) 2021/5232021/241

Change 42

ChangedArticle 19 – paragraph 1 – point 2a, Article 1 – paragraph 33a: (2a) A new chapter is added: / ‘CHAPTER VIIa / EXCEPTIONAL USE OF RRF LOANS NOT REQUESTED BY MEMBER STATES / Article 33a / 1. The difference between the maximum amount available for loan support to Member States in accordance to article 6(1)(b) and the total amount requested by the Member States before 1 September 2023 shall be made available to all Member States for the implementation of investments contributing to the objectives referred to in Article 2 of Regulation .../... [STEP Regulation] through the Member State compartment of InvestEU. The maximum allocation for each Member State shall be made in accordance to the allocation key defined in Article 11 of this Regulation. / 2. Until 31 December 2023, upon request from a Member State, the Commission shall grant the Member State concerned a loan for the purpose referred to in paragraph 1. / 3. A Member State may request loan support until 15 December 2023 for the purpose referred to in paragraph 1. / 4. The Member State concerned shall use the proceeds of the loan to make a cash contribution to its Member State compartment of InvestEU to support objectives of the STEP, according to article 4(1) of Regulation (EU) 2021/523 [InvestEU Regulation].

Change 43

ChangedRegulation (EU) 2021/5232021/1755

Change 44

ChangedArticle 19a,19a (new), Article 4a: Article 19a / Amendments to Regulation (EU) 2021/1755 [BAR] / Regulation (EU) 2021/1755 is amended as follows: / Article 4a is amended as follows:replaced /by Articlethe 4afollowing: / Transfer to the Recovery and Resilience Facility, the European Regional Development Fund, the European Social Fund Plus or the Just Transition Fund / 1. By 1 March 2023, Member States may submit to the Commission a reasoned request to transfer to the Recovery and Resilience Facility established by Regulation (EU) 2021/241 of the European and of the Council all or part of the amounts of their provisional allocation set out in the implementing act of the Commission referred to in Article 4(5). If the transfer request is approved, the Commission shall amend the implementing act in order to reflect the adjusted amounts following the transfer. / 2.1a. By 30 September 2024, Member States may submit to the Commission a reasoned request to transfer to the European Regional Development Fund established by Regulation (EU) 2021/1058 of the European and of the Council, or the European Social Fund Plus established by Regulation (EU) 2021/1057 of the European Parliament and of the Council or the Just Transition Fund established by Regulation (EU) 2021/1056 of the European Parliament and of the Council all or part of the amounts of their provisional allocation set out in the implementing act of the Commission referred to in Article 4(5) for the purposes of supporting operations contributing to the STEP objectives referred to in Articl…Article 2 of Regu…