Legal provisions of COM(2022)109 - Amendment of Regulation (EU) No 1303/2013 and Regulation (EU) No 223/2014 as regards Cohesion’s Action for Refugees in Europe (CARE)

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dossier COM(2022)109 - Amendment of Regulation (EU) No 1303/2013 and Regulation (EU) No 223/2014 as regards Cohesion’s Action for Refugees in ...
document COM(2022)109 EN
date March  8, 2022

Contents

Article 1 - Amendment to Regulation (EU) No 1303/2013

Regulation (EU) No 1303/2013 is amended as follows:

(1) In Article 25a, the following paragraph 1a 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 100% may be applied to expenditure declared in payment applications for the accounting year starting 1 July 2021 and ending 30 June 2022 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 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 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 accounting year starting 1 July 2021 and ending 30 June 2022 in accordance with Article 135(2).

The total additional payments resulting from the application of the 100% co-financing rate shall not exceed EUR 5 billion in 2022 and EUR 1 billion in 2023.

The Commission shall make interim payments by applying the co-financing rate applicable to the priority axes concerned before the notification referred to in the second subparagraph. By way of derogation from Article 135(5), the Commission shall pay the additional amounts resulting from the application of the 100% co-financing rate following receipt of all final applications for interim payment for the accounting year 2021-2022, where necessary on a pro-rata basis to respect the ceilings set out in the third subparagraph.

By way of derogation from Article 139(7), remaining amounts resulting from the application of the 100% co-financing rate, which cannot be paid following the acceptance of the accounts to respect the ceilings set out in the third subparagraph, shall be paid in 2024 or later.”.

(2) In paragraph 10 of Article 65, the following subparagraph is added:

“By way of derogation from paragraph 9, expenditure for operations addressing the migratory challenges as a result of the military aggression by Russia shall be eligible as of 24 February 2022.”.

(3) In Article 98, the following paragraph 4 is added:

“4. Operations addressing the migratory challenges as a result of the military aggression by Russia may be financed either by the ERDF or the ESF on the basis of the rules applicable to the other Fund.

In such cases, these operations shall be programmed under a dedicated priority axis of that other Fund contributing to its corresponding investment priorities.

Where data on participants is required to be reported for operations under the dedicated priority axis referred to in the second subparagraph, that data shall be based on informed estimates and shall be limited to the total number of supported persons and the number of children under 18 years old.

This paragraph shall not apply to programmes under the European territorial cooperation goal.”.

Article 2 - Amendment to Regulation (EU) No 223/2014

Regulation (EU) No 223/2014 is amended as follows:

(1) In Article 9(4), the following subparagraph is added:

“The first and second subparagraphs shall also apply for the purposes of modifying elements of an operational programme addressing migratory challenges as a result of the military aggression by Russia.”.

(2) In Article 20, the following paragraph 1b is inserted:

“1b.    By way of derogation from paragraph 1, a co-financing rate of 100% may be applied to expenditure declared in payment applications for the accounting year starting 1 July 2021 and ending 30 June 2022.

By way of derogation from Article 9(1), (2) and (3), the application of the co-financing rate of 100% shall not require a Commission decision approving a programme amendment. The Member State shall notify the revised financial tables, referred to in Section 5.1 of the operational programme templates set out in Annex I, to the Commission. The co-financing rate of 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 accounting year starting 1 July 2021 and ending 30 June 2022 in accordance with Article 45(2).”

(3) In Article 22(4), the following subparagraph is added:

“By way of derogation from the first subparagraph, expenditure for operations addressing migratory challenges as a result of the military aggression by Russia shall be eligible from 24 February 2022.”.

Article 3

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.