Legal provisions of COM(2024)496 -

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dossier COM(2024)496 - .
document COM(2024)496
date October 21, 2024


Article 1

Regulation (EU) 2021/1058 is amended as follows:

1. Article 3 is amended as follows:

(a) in paragraph 1, point (b), the following point (x) is added:

“(x) supporting investments aimed at reconstruction in response to a natural disaster that occurred as from 1 January 2024;”;

(b) the following paragraph is inserted:

“1b. For the purposes of paragraph 1, point (b)(x), of this Article, a natural disaster, shall be understood as a major or regional natural disaster as defined in Article 2(2) and (3) of Council Regulation (EC) No 2012/2002*. This may include a natural disaster resulting in direct damage below the thresholds set out in Article 2(2) and (3) of that Regulation, provided that it was recognised by a competent public authority of the Member State as a natural disaster.

The resources allocated under the specific objective referred to in paragraph 1, point (b)(x), of this Article shall be programmed under dedicated priorities of programmes under the Investment for jobs and growth goal corresponding to the respective policy objective. The resources allocated under this specific objective and the dedicated priorities established in accordance with Article 12b(2) of Regulation (EU) 2021/1057 shall be limited for the whole programming period to a maximum of 10% of the initial total national allocation of the ERDF, the ESF+ and the Cohesion Fund. The corresponding programme amendment shall be submitted within four months of the date of the first occurrence of damage as a consequence of the natural disaster or, where the natural disaster occurred before [date of entry into force of this Regulation], within four months of the entry into force of this Regulation XXX/XXX [amending the ERDF/CF Regulation].

The Commission shall pay 30% of the allocation to the priority referred to in the second subparagraph of this paragraph as set out in the decision approving the programme amendment as exceptional 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. That exceptional pre-financing shall be paid within 60 days of the adoption of the Commission decision approving the programme amendment, subject to the availability of funds. Where the allocation to that priority is subsequently increased, an additional pre-financing amount shall be paid corresponding to 30% of the increase.

In accordance with Article 90(5), first subparagraph, of Regulation (EU) 2021/1060, the amount paid as exceptional pre-financing shall be cleared from the Commission accounts no later than with the final accounting year.

In accordance with Article 90(6) of Regulation (EU) 2021/1060, any interest generated by the exceptional pre-financing shall be used for the programme concerned in the same way as the ERDF and shall be included in the accounts for the final accounting year.

In accordance with Article 97(1) of Regulation (EU) 2021/1060, the exceptional pre-financing shall not be suspended.

In accordance with Article 105(1) of Regulation (EU) 2021/1060, the pre-financing to be taken into account for the purposes of calculating amounts to be de-committed shall include the exceptional pre-financing paid.

By way of derogation from Article 112(3) of Regulation (EU) 2021/1060, the maximum co-financing rate for a dedicated priority established to support the specific objective referred to in paragraph 1, point (b)(x), of this Article shall be 100%.

Member States shall ensure that support from another national or Union instrument or private insurance scheme received for operations selected under the specific objective referred to in paragraph 1, point (b)(x), of this Article is deducted from the expenditure included in the payment application submitted to the Commission.

By way of derogation from the first sentence of Article 63(6) of Regulation (EU) 2021/1060, the managing authority may select for support, under the dedicated priority, operations that have been physically completed or fully implemented before the submission of an application for funding to the managing authority, provided that the operation provides a response to a natural disaster which occurred as from 1 January 2024.

_____________

* Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3, ELI: http://data.europa.eu/eli/reg/2002/2012/oj).”;

(c) paragraph 3 is replaced by the following:

“3. The Cohesion Fund shall support PO 2 and 3, except for the specific objective set out in paragraph 1, point (b)(x).”;

2. in Table 1 of Annex I, the following row is added under policy objective 2:

“

(x) supporting investments aimed at reconstruction in response to a natural disaster that occurred as from 1 January 2024Any RCO listed for specific objectives under POs 1 to 4Any RCR listed for specific objectives under Pos 1 to 4

”.

Article 2

In Regulation (EU) 2021/1057 a new Article 12b is added as follows:

“Article 12b

Support for alleviating the negative socio-economic consequences of natural disasters

1. Member States may use the ESF+ to provide support to alleviate the negative socio-economic consequences of natural disasters that occurred as from 1 January 2024. For the purpose of this article, a natural disaster shall be understood as a major or regional natural disaster as defined in Article 2(2) and (3) of Council Regulation (EC) No 2012/2002*. This may include a natural disaster resulting in direct damage below the thresholds set out in Article 2(2) and (3) of that Regulation, provided that it was recognised by a competent public authority of the Member State as a natural disaster.

_____________

* Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3, ELI: http://data.europa.eu/eli/reg/2002/2012/oj).;

2. For the purpose of paragraph 1, resources may be programmed under dedicated priorities of programmes concerned. Overall resources to such dedicated priorities allocated from the ESF+ and the ERDF pursuant to Article 3, paragraph 1b, of Regulation (EU) 2021/1058 shall be limited for the whole programming period to a maximum of 10% of the initial total national allocation of the ERDF, the ESF+ and the Cohesion Fund. The corresponding programme amendment shall be submitted within four months of the date of the occurrence of the natural disaster or, where the natural disaster occurred before [date of entry into force of this Regulation], within four months of the entry into force of this Regulation XXX/XXX [amending the ESF+ Regulation].

3. The dedicated priority as referred to in paragraph 2 may support any of the specific objectives as set out in Article 4(1) of this Regulation.

4. Where strictly necessary and as temporary measures, short-time work schemes aiming at providing a response to the consequences of natural disasters without the need to combine with active measures as well as access to healthcare including for people who are not in imminent socio-economic vulnerability may be eligible for financing for a maximum of 18 months from the date when the natural disaster occurred.

5. By way of derogation from Article 19(4), Member States shall not be required to complement the delivery of food or basic material assistance by accompanying measures under the specific objective set out in Article 4(1), point (m), of this Regulation, in case such delivery is to respond to consequences of natural disasters. In the case of a natural disaster, such delivery of food and basic material assistance without accompanying measures may be eligible for financing for a maximum of 6 months from the date when the natural disaster occurred and in any case after 1 January 2024.

6. By way of derogation from the first sentence of Article 63(6) of Regulation (EU) 2021/1060, the managing authority may select for support, under the dedicated priority, operations that have been physically completed or fully implemented before the submission of an application for funding to the managing authority, provided that the operation provides a response to a natural disaster which occurred as from 1 January 2024.

7. The Commission shall pay 30% of the allocation to the dedicated priority referred to in paragraph 2, as set out in the decision approving the programme amendment as exceptional 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. That exceptional pre-financing shall be paid within 60 days of the adoption of the Commission decision approving the programme amendment, subject to the availability of funds. Where the allocation to that priority is subsequently increased, an additional pre-financing amount shall be paid corresponding to 30% of the increase.

In accordance with Article 90(5), first subparagraph, of Regulation (EU) 2021/1060, the amount paid as exceptional pre-financing shall be cleared from the Commission accounts no later than with the final accounting year.

In accordance with Article 90(6) of Regulation (EU) 2021/1060, any interest generated by the exceptional pre-financing shall be used for the programme concerned in the same way as the ESF+ and shall be included in the accounts for the final accounting year.

In accordance with Article 97(1) of Regulation (EU) 2021/1060, the exceptional pre-financing shall not be suspended.

In accordance with Article 105(1) of Regulation (EU) 2021/1060, the pre-financing to be taken into account for the purposes of calculating amounts to be de-committed shall include the exceptional pre-financing paid.

8. By way of derogation from Article 112(3) of Regulation (EU) 2021/1060, the maximum co-financing rate for a dedicated priority established to support the alleviation of the negative socio-economic consequences of natural disasters pursuant to paragraph 2, shall be 100%.

Member States shall ensure that support from another national or Union instrument or private insurance scheme received for operations selected in response to natural disasters , is deducted from the expenditure included in the payment application submitted to the Commission.”.

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.