On the proposal for a regulation of the European Parliament and of the Council on Establishing the European Fund for Regional Development including… for European Territorial Cooperation (Interreg) and the Cohesion Fund as part of the Fund set out in Regulation (EU) […] [NRP] and establishing conditions for the implementation of the Union support to regional development from 2028 to 2034

The Commission’s proposal for the future ERDF and Cohesion Fund framework is presented as a simplification and greening of cohesion policy. While the overall objectives of competitiveness, sustainable development and better results are broadly shared, the right balance must be struck between environmental ambition, economic realities and the Treaty goal of reducing regional disparities. We must seek legal certainty, effective implementation and the balance between environmental ambition, regional development and cohesion objectives.

The Rapporteur therefore seeks to ensure in her opinion that environmental and climate investments supported under cohesion policy deliver tangible, durable and measurable results, in particular in the fields of biodiversity, ecosystem restoration and climate resilience. Strengthening the link between funding, performance frameworks and Union environmental legislation enhances value for money and reduces uncertainty for managing authorities and beneficiaries by clarifying expectations from the outset. The ERDF as well as the Cohesion Fund should support areas where markets alone do not deliver sufficient investment, in particular in the environmental policy domain (e.g. biodiversity protection, ecosystem restoration, and climate resilience).

At the same time, the Rapporteur emphasises that the green transition must remain socially balanced and territorially inclusive. Environmental and climate-related investments can have uneven impacts across regions, particularly in industrial and less developed areas. Ensuring that such investments are accompanied by measures addressing affordability, access to essential services and quality employment is essential for maintaining public support and ensuring that cohesion policy continues to fulfil its core objective of reducing disparities.

A central issue addressed in this opinion is the application of the ‘do no significant harm’ (DNSH) principle. While DNSH plays an important role in supporting Union environmental objectives, its current implementation risks generating legal uncertainty, administrative burden and delays in fund absorption. The opinion therefore advocates for a more proportionate, flexible and predictable approach, allowing Member States to determine at the programming stage how to apply DNSH in light of their specific economic, social and territorial circumstances, administrative capacities and investment needs, including through justified adjustments where necessary to ensure effective delivery of cohesion policy. In particular, targeted adjustments or exemptions should be possible for strategic investments, less developed regions and sectors essential for economic and social development and a more resilient Union, provided that Union environmental law is respected. The application of DNSH should not create disproportionate administrative burden or hinder the timely absorption of Union funds.

In this context, particular attention is given to the need to anchor key requirements in binding legislation, rather than relying excessively on non-binding guidance. The increasing use of guidance documents risks creating de facto obligations outside the legislative framework, leading to divergent interpretations, audit risks and unequal treatment across Member States. Strengthening legal clarity within the relevant basic acts, including the Regulation itself is therefore essential to ensure transparency, predictability and a level playing field.

In order to achieve its full impact, this Regulation should be accompanied by appropriate adjustments to the relevant State aid rules.

Article 2 should explicitly list all key objectives of the ERDF and the Cohesion Fund, as well as the areas of intervention that will be considered eligible, in order to clearly preserve projects related to the environmental objectives as one of the Union’s priorities.

The opinion also highlights the importance of preserving subsidiarity and territorial flexibility, notably in areas such as sustainable urban development and housing. While environmental objectives should be pursued, they should not result in overly prescriptive requirements in areas that primarily fall within national competences, nor should they limit the ability of Member States and regions to tailor interventions to their specific needs. In line with the partnership principle and multi-level governance, early and effective involvement of regional and local authorities and other stakeholders is crucial for designing and implementing such place-based approaches.

Overall, this opinion seeks to strike a balanced approach, ensuring that cohesion policy continues to contribute effectively to the Union’s environmental and climate objectives, while safeguarding its fundamental principles of flexibility, subsidiarity and territorial cohesion. It aims to make the framework not only greener, but also more workable, predictable and responsive to the diverse realities across the Union, thereby supporting broad political and public acceptance of cohesion policy and its environmental dimension.