### 8. calls on the commission to amend the current proposal , taking into account the conclusions of the council’s legal service and looking to strike a balance between the co-legislators’ respective positions; ### 8. calls on the commission to resume negotiations with the member states with a view to the rapid adoption of a system for clearing legal or administrative border hurdles in an effort to make life easier for the inhabitants of cross-border regions;


### 9. emphasises that alongside the damage caused by covid-19 , border regions are also having to deal with the consequences of brexit , which are creating new barriers to free trade and causing serious disruption to cross-border trade between the eu and the uk , making life more difficult for businesses in border regions; welcomes , in that regard , the agreement reached on the brexit adjustment reserve to provide financial and legal support to member states and regions affected by brexit; ### 9. emphasises that alongside the damage caused by covid-19 , particularly the border closures that it triggered , border regions are also having to deal with the consequences of brexit , which are creating new barriers to free trade and causing serious disruption to cross-border trade between the eu and the uk , making life more difficult for businesses in border regions; welcomes , in that regard , the agreement reached on the brexit adjustment reserve to provide financial and legal support to member states and regions affected by brexit;


### 16. urges the member states to play a full part in the commission’s efforts to complete the european education area , which , in tune with the european skills agenda and the european research area , will ensure access to targeted education and training on both sides of the border by providing shared education services and by ensuring the mutual recognition of diplomas , skills and qualifications; ### 16. urges the member states to play a full part in the commission’s efforts to complete the european education area , which , in tune with the european skills agenda and the european research area , will ensure access to targeted education and training on both sides of the border by providing shared education services and by ensuring the mutual recognition of diplomas , skills and qualifications and by encouraging learning;


### 17. points out that there is already an important eu legal framework – including in particular the birds , habitats and water framework directives – that must be fully , systematically and jointly implemented by the member states in cross-border regions; points out that nature , the climate , natural disasters and diseases do not stop at national borders; ### 17. points out that there is already an important eu legal framework – including in particular the birds , habitats and water framework directives – that must be fully , systematically and jointly implemented by the member states in cross-border regions; points out that nature , the climate , natural disasters and diseases do not stop at national borders; urges the national governments to take steps towards further harmonisation and coordination in the application of this and other directives;


### (1) a number of amendments are to be made to regulation (eu , euratom) 2018/1046 of the european parliament and of the council15. in the interests of clarity , that regulation should be recast. ### (1) a number of amendments are to be made to regulation (eu , euratom) 2018/1046 of the european parliament and of the council15. in the interests of clarity and legal certainty , that regulation should be recast.


### (9) it is necessary to better reflect the specific nature and functioning of the provisioning of financial liabilities and of the budgetary guarantees. certain definitions and rules on budgetary guarantees , budgetary commitments , legal commitments , payment appropriations , recipients and publication of information on recipients should therefore be adjusted. a definition of the constitution phase of the provisioning of financial liabilities should be added. additionally , definitions should be updated to reflect in particular amendments to procurement rules and the introduction of rules on non-financial donations. ### (9) it is necessary to better reflect the specific nature and functioning of the provisioning of financial liabilities and of the budgetary guarantees. certain definitions and rules on budgetary guarantees , budgetary commitments , legal commitments , payment appropriations , recipients and publication of information on recipients should therefore be adjusted and aligned. a definition of the constitution phase of the provisioning of financial liabilities should be added. additionally , definitions should be updated to reflect in particular amendments to procurement rules and the introduction of rules on non-financial donations.


### (21) in order to allow a rapid reaction in exceptional circumstances , the commission should be able to accept in-kind donations , irrespective of their value , where such donations are made for the purposes of humanitarian aid , emergency support , civil protection or crisis management aid. in order to ensure appropriate safeguards , the commission should only accept such donations where acceptance is in accordance with the principles of sound financial management and transparency , does not give rise to conflicts of interest and does not harm the image of the union. the donor should not be , at the moment of acceptance , in one of the exclusion situations under the early-detection and exclusion system and should not be registered as excluded in the corresponding database. ### (21) in order to allow a rapid reaction in exceptional circumstances , the commission should be able to accept in-kind donations in a transparent manner , irrespective of their value , where such donations are made for the purposes of humanitarian aid , emergency support , civil protection or crisis management aid. in order to ensure appropriate safeguards , the commission should only accept such donations where acceptance is in accordance with the principles of sound financial management and transparency , does not give rise to conflicts of interest and does not harm the image of the union. the donor should not be , at the moment of acceptance , in one of the exclusion situations under the early-detection and exclusion system and should not be registered as excluded in the corresponding database.


### (24) considering the importance of addressing climate and environmental challenges and in order to ensure that budget implementation contributes to the achievement of the european green deal30 , the concept of performance as regards the budget should be extended to include the implementation of programmes and activities in a sustainable way , which would not hinder the achievement of the environmental objectives of climate change mitigation , climate change adaptation , the sustainable use and protection of water and marine resources , the transition to a circular economy , pollution prevention and control and the protection and restoration of biodiversity and ecosystems. ### (24) considering the importance of addressing climate and environmental challenges and in order to ensure that budget implementation contributes to the achievement of the european green deal30 , the concept of performance as regards the budget should , for the sake of completeness , be extended to include the implementation of programmes and activities in a sustainable way , which would not hinder the achievement of the environmental objectives of climate change mitigation , climate change adaptation , the sustainable use and protection of water and marine resources , the transition to a circular economy , pollution prevention and control and the protection and restoration of biodiversity and ecosystems.


### (27) in order to enhance the protection of the union budget against fraud , corruption , conflicts of interest , double funding and other irregularities , standardised measures to collect , compare and aggregate information on the recipients of union funding should be introduced. in particular , in order to effectively prevent , detect , investigate and correct frauds or remedy irregularities , it is necessary to be able to identify the natural persons that ultimately benefit , directly or indirectly , from union funding and who ultimately profit from the misuse of eu funding. the electronic recording and storage of data on the recipients of union funding , including their beneficial owners as defined in article 3 , point (6) , of directive (eu) 2015/849 of the european parliament and of the council32and the regular making of those data available in a single integrated it system for data-mining and risk-scoring provided by the commission , should facilitate risk assessment for the purposes of selection , award , financial management , monitoring , investigation , control and audit and contribute to effective prevention , detection , correction and follow-up of fraud , corruption , conflicts of interest , double funding and other irregularities. the commission should be responsible for the development , management and supervision of the single integrated it system for data-mining and risk-scoring. the commission , the member states , the persons or entities implementing the budget , the european anti-fraud office (‘olaf’) and other union investigative and control bodies should have the necessary access to those data within the exercise of their respective competences. the rules related to the recording , storage , transfer and processing of data should comply with applicable data protection rules. ### (27) in order to enhance the protection of the union budget against fraud , corruption , conflicts of interest , double funding and other irregularities , standardised measures to collect , compare and aggregate information on the recipients of union funding should be introduced. in particular , in order to effectively prevent , detect , investigate and correct frauds or remedy irregularities , it is necessary to be able to identify the natural persons that ultimately benefit , directly or indirectly , from union funding and who ultimately profit from the misuse of eu funding. the electronic recording and storage of data on the recipients of union funding , including their beneficial owners as defined in article 3 , point (6) , of directive (eu) 2015/849 of the european parliament and of the council32 and the regular making of those data available in a single integrated it system for data-mining and risk-scoring provided by the commission , should facilitate risk assessment for the purposes of selection , award , financial management , monitoring , investigation , control and audit and contribute to effective prevention , detection , correction and follow-up of fraud , corruption , conflicts of interest , double funding and other irregularities. it should be noted that the electronic storage of data and access to an integrated it system would increase transparency at eu level , as well as public confidence in the way in which eu funds are being spent. the commission should be responsible for the development , management and supervision of the single integrated it system for data-mining and risk-scoring. the commission , the member states , the persons or entities implementing the budget , the european anti-fraud office (‘olaf’) and other union investigative and control bodies should have the necessary access to those data within the exercise of their respective competences. the rules related to the recording , storage , transfer and processing of data should comply with applicable rules on the protection of data , know-how and trade secrets.


### (103) in order to enhance the protection of the union financial interests the early-detection and exclusion system should be reinforced. it is important to avoid that a person or entity in an exclusion situation is able to apply to , or to be selected for implementing funds , or to receive such funds under a programme in shared management. where there is a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude a person or entity , provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in article 139(1). in the absence of a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude , on the basis of a preliminary classification in law made by the panel referred to in article 146 , having regard to facts and findings established in the context of audits or investigations carried out by european anti-fraud office (olaf) , european public prosecutor office (eppo) , the european court of auditors (eca) or any other check , audit or control performed under the responsibility of the authorising officer. such exclusion should be registered in the early-detection and exclusion system database established under article 138(1). member states’ authorities should take it into account by rejecting such persons or entities from being selected to implement union funds or from receiving such funds. payment applications from member states under shared management , including expenditure related to a person or entity that has been excluded , should not be reimbursed. where funds are disbursed to member states under performance-based frameworks , specific rules shall apply , as set out in sector-specific legislation. ### (103) in order to enhance the protection of the union financial interests the early-detection and exclusion system should be reinforced. it is important to avoid that a person or entity in an exclusion situation is able to apply to , or to be selected for implementing funds , or to receive such funds under a programme in direct or indirect shared management. where there is a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude a person or entity , provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in article 139(1). in the absence of a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude , on the basis of a preliminary classification in law made by the panel referred to in article 146 , having regard to facts and findings established in the context of audits or investigations carried out by european anti-fraud office (olaf) , european public prosecutor office (eppo) , the european court of auditors (eca) or any other check , audit or control performed under the responsibility of the authorising officer. such exclusion should be registered in the early-detection and exclusion system database established under article 138(1). member states’ authorities should take it into account by rejecting such persons or entities from being selected to implement union funds or from receiving such funds. payment applications from member states under shared management , including expenditure related to a person or entity that has been excluded , should not be reimbursed. where funds are disbursed to member states under performance-based frameworks , specific rules shall apply , as set out in sector-specific legislation.


### (103) in order to enhance the protection of the union financial interests the early-detection and exclusion system should be reinforced. it is important to avoid that a person or entity in an exclusion situation is able to apply to , or to be selected for implementing funds , or to receive such funds under a programme in shared management. where there is a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude a person or entity , provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in article 139(1). in the absence of a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude , on the basis of a preliminary classification in law made by the panel referred to in article 146 , having regard to facts and findings established in the context of audits or investigations carried out by european anti-fraud office (olaf) , european public prosecutor office (eppo) , the european court of auditors (eca) or any other check , audit or control performed under the responsibility of the authorising officer. such exclusion should be registered in the early-detection and exclusion system database established under article 138(1). member states’ authorities should take it into account by rejecting such persons or entities from being selected to implement union funds or from receiving such funds. payment applications from member states under shared management , including expenditure related to a person or entity that has been excluded , should not be reimbursed. where funds are disbursed to member states under performance-based frameworks , specific rules shall apply , as set out in sector-specific legislation. ### (103) in order to enhance the protection of the union financial interests the early-detection and exclusion system should be reinforced. it is important to avoid that a person or entity in an exclusion situation is able to apply to , or to be selected for implementing funds , or to receive such funds under a programme also in shared management. where there is a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude a person or entity , provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in article 139(1). in the absence of a final judgment or a final administrative decision , the authorising officer responsible should be able to exclude , on the basis of a preliminary classification in law made by the panel referred to in article 146 , having regard to facts and findings established in the context of audits or investigations carried out by european anti-fraud office (olaf) , european public prosecutor office (eppo) , the european court of auditors (eca) or any other check , audit or control performed under the responsibility of the authorising officer. such exclusion should be registered in the early-detection and exclusion system database established under article 138(1). member states’ authorities should take it into account by rejecting such persons or entities from being selected to implement union funds or from receiving such funds. payment applications from member states also under shared management , including expenditure related to a person or entity that has been excluded , should not be reimbursed. where funds are disbursed to member states under performance-based frameworks , specific rules shall apply , as set out in sector-specific legislation.


### (150) in light of the covid-19 pandemic , it is appropriate to modify the definition of crisis , which applies in particular to the common provisions and to procurement in the field of external actions and covers public and animal health , food safety emergencies and global health threats. in order to allow the flexibility needed to ensure a rapid response to unforeseen circumstances of extreme urgency resulting from a crisis , the contracting authority should be allowed to apply simplified procurement rules , such as use of negotiated procedure without prior publication of a contract notice applicable to crisis situations and acceptance of evidence on exclusion and selection criteria from the presumed successful tenderer after the award decision but in any case before the signature of the contract. the contracting authority should also have flexibility to exceptionally modify a contract or a framework contract , beyond the thresholds referred to in article 176(3) , without a procurement procedure in order to respond to a crisis. a declaration of crisis should be required in line with the relevant internal rules prior to having recourse to such simplified rules , except for procurement in the field of external action where such declaration is not required. in addition , the authorising officers responsible should justify case-by-case the extreme urgency resulting from the declared crisis. ### (150) in light of the covid-19 pandemic and the impact of russian aggression against on ukraine , it is appropriate to modify the definition of crisis , which applies in particular to the common provisions and to procurement in the field of external actions and covers public and animal health , food safety emergencies and global health threats. in order to allow the flexibility needed to ensure a rapid response to unforeseen circumstances of extreme urgency resulting from a crisis , the contracting authority should be allowed to apply simplified procurement rules , such as use of negotiated procedure without prior publication of a contract notice applicable to crisis situations and acceptance of evidence on exclusion and selection criteria from the presumed successful tenderer after the award decision but in any case before the signature of the contract. the contracting authority should also have flexibility to exceptionally modify a contract or a framework contract , beyond the thresholds referred to in article 176(3) , without a procurement procedure in order to respond to a crisis. a declaration of crisis should be required in line with the relevant internal rules prior to having recourse to such simplified rules , except for procurement in the field of external action where such declaration is not required. in addition , the authorising officers responsible should justify case-by-case the extreme urgency resulting from the declared crisis.


### (158) in line with the objectives of the communication on the european green deal , progress towards implementation of greening aspects should be ensured by including , when relevant , for the calls for tenders , green selection or award criteria , which will incentivise the economic operators to offer more sustainable options. ### (158) in line with the objectives of the communication on the european green deal , progress towards implementation of greening aspects should be ensured by including , when relevant , for the calls for tenders , green selection or award criteria , which will incentivise the economic operators to offer more sustainable options. it must be remembered that that cohesion policy is an important tool in combating climate change and supporting the objectives of the paris agreement.


### (248) in order to provide a clear legal framework for the union institutions to donate services , supplies or works , non-financial donations should be included as a new budget implementation instrument. this instrument should not be confused with the general framework of support provided by the union to third countries which is of a broader nature but can include non-financial donations. in light of the covid-19 pandemic , such an instrument should provide a stable legal basis in particular for future crisis and emergency situations and ensure that the union institutions have the appropriate budget support tools to help member states , other persons and entities when support is most needed. that instrument should be implemented under direct management. related provisions , such as definitions , suspension , termination and reduction , and evaluation committee should be adjusted accordingly. ### (248) in order to provide a clear and transparent legal framework for the union institutions to donate services , supplies or works , non-financial donations should be included as a new budget implementation instrument. this instrument should not be confused with the general framework of support provided by the union to third countries which is of a broader nature but can include non-financial donations. in light of the covid-19 pandemic and the impact of russian military aggression against ukraine , such an instrument should provide a stable legal basis in particular for future crisis and emergency situations and ensure that the union institutions have the appropriate budget support tools to help member states , other persons and entities when support is most needed. that instrument should be implemented under direct management. related provisions , such as definitions , suspension , termination and reduction , and evaluation committee should be adjusted accordingly.


### (256) some modifications regarding the transmission to the commission of data on recipients for the purposes of publication , and regarding the electronic recording and storage of data on recipients and the use of the single integrated it system for data-mining and risk-scoring to access and analyse those data should apply only to programmes adopted under and financed from the post-2027 multiannual financial framework in order to ensure a smooth transition by allowing sufficient time for the necessary adaption of electronic data systems and of relevant agreements , as well as the provision of guidance and training. ### (256) some modifications regarding the transmission to the commission of data on recipients for the purposes of publication , and regarding the electronic recording and storage of data on recipients and the use of the single integrated it system for data-mining and risk-scoring to access and analyse those data should apply only to programmes adopted under and financed from the post-2027 multiannual financial framework in order to ensure a smooth transition by allowing sufficient time for the necessary adaption of electronic data systems and of relevant agreements , as well as the provision of guidance and training for national , regional and local authorities.


### a situation caused by natural disasters , man-made crisis such as wars and other conflicts or extraordinary circumstances having comparable effects related , inter alia , to climate change , public and animal health , food safety emergencies and global health threats such as pandemics , environmental degradation , privation of access to energy and natural resources or extreme poverty; ### a situation caused by natural disasters , man-made crisis such as wars and other conflicts or extraordinary circumstances having comparable effects related , inter alia , to climate change , migratory flows causing instability in certain regions , public and animal health , food safety emergencies and global health threats such as pandemics , environmental degradation , privation of access to energy and natural resources or extreme poverty;


### 2. the establishment and implementation of the budget shall also comply with the provisions of regulation (eu , euratom) 2020/2092 on a general regime of conditionality for the protection of the union budget. ### 2. the establishment and implementation of the budget shall also comply with the provisions of regulation (eu , euratom) 2020/2092 on a general regime of conditionality for the protection of the union budget and rules to combat corruption and mismanagement.


### programmes and activities should be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation , climate change adaptation , the sustainable use and protection of water and marine resources , the transition to a circular economy , pollution prevention and control and the protection and restoration of biodiversity and ecosystems , as set out in article 9 of regulation (eu) 2020/852 of the european parliament and of the council51 . ### deleted


### the single integrated it system for data-mining and risk-scoring shall be designed to facilitate risk assessment for the purposes of selection , award , financial management , monitoring , investigation , control and audit and contribute to effective prevention , detection , correction and follow-up of fraud , corruption , conflicts of interest , double funding and other irregularities. ### the single integrated it system for data-mining and risk-scoring shall be designed to facilitate risk assessment for the purposes of selection , award , financial management , monitoring , investigation , control and audit and contribute to effective prevention , detection , correction and follow-up of fraud , corruption , conflicts of interest , double funding and other irregularities in order to protect eu financial interests.


### the use of and access to the data processed by the single integrated it system for data-mining and risk-scoring shall comply with applicable data protection rules and shall be limited to the commission or an executive agency as referred to in article 69 , the member states implementing the budget pursuant to article 62(1) , first subparagraph , point (b) , the member states that receive and implement union funds pursuant to budget implementation under article 62(1) , first subparagraph , point (a) , the persons or entities implementing the budget pursuant to article 62(1) , first subparagraph , point (c) , olaf , the court of auditors , eppo and other union investigative and control bodies , within the exercise of their respective competences. ### the use of and access to the data processed by the single integrated it system for data-mining and risk-scoring shall comply with applicable data protection rules and rules on the protection of know-how and commercial interests and shall be limited to the commission or an executive agency as referred to in article 69 , the member states implementing the budget pursuant to article 62(1) , first subparagraph , point (b) , the member states that receive and implement union funds pursuant to budget implementation under article 62(1) , first subparagraph , point (a) , the persons or entities implementing the budget pursuant to article 62(1) , first subparagraph , point (c) , olaf , the court of auditors , eppo and other union investigative and control bodies , within the exercise of their respective competences.


### an annual summary of the final audit reports and of controls carried out , including an analysis of the nature and extent of errors and weaknesses identified in systems , as well as corrective action taken or planned. ### an annual control report by the audit authority of the member state setting out the principal audit findings and conclusions , including an analysis of the nature and circumstances of errors and weaknesses identified in systems , as well as corrective action taken or planned.


### the procedures involving a call for expression of interest for contracts with a value below the thresholds referred to in article 179(1) , to preselect candidates to be invited to submit tenders in response to future restricted invitations to tender , or to collect a list of vendors to be invited to submit requests to participate or submit tenders; ### the procedures involving a call for expression of interest for contracts with a value below the thresholds referred to in article 179(1) and article 182 (1) , to preselect candidates to be invited to submit tenders in response to future restricted invitations to tender , or to collect a list of vendors to be invited to submit requests to participate or submit tenders;


### the commission shall remain responsible for ensuring that the implementation framework for financial instruments and budgetary guarantees complies with the principle of sound financial management and supports the attainment of defined and time-bound policy objectives , measurable in terms of outputs and/or results. the commission shall be accountable for the implementation of financial instruments and budgetary guarantees without prejudice to the entrusted entities’ legal and contractual responsibility in accordance with the applicable law and article 130. ### the commission shall remain responsible for ensuring that the implementation framework for financial instruments and budgetary guarantees complies with the principle of sound financial management and supports the attainment of defined and time-bound policy objectives , measurable in terms of outputs and/or results. the commission shall ensure that union funds are used in an efficient , transparent and appropriate manner , keeping administrative and financial burdens to a minimum , in particular for local and regional authorities. the commission shall be accountable for the implementation of financial instruments and budgetary guarantees without prejudice to the entrusted entities’ legal and contractual responsibility in accordance with the applicable law and article 130.


### where the total value of all the contracts to be awarded is equal to or greater than the thresholds referred to in article 179(1) , article 167(1) and articles 168 and 169 shall apply to each of the contracts. ### where the total value of all the contracts to be awarded is equal to or greater than the thresholds referred to in article 179(1) and pursuant to article 182(1) , article 167(1) and articles 168 and 169 shall apply to each of the contracts.


### (43) in view of the increased volume of borrowing and lending operations carried out by the commission on behalf of the union to finance the recovery from the covid-19 pandemic , transparency regarding those operations should be further enhanced. to address the increased complexity of those operations and in order to ensure better visibility of their content , a comprehensive overview of borrowing and lending operations carried out by the commission should be added to the document annexed to the section of the budget relating to the commission. ### (43) in view of the increased volume of borrowing and lending operations carried out by the commission on behalf of the union to finance the recovery from the covid-19 pandemic , transparency regarding those operations should be further enhanced. to address the increased complexity of those operations and in order to ensure better visibility of their content , a comprehensive overview of borrowing and lending operations carried out by the commission should be added to the document annexed to the section of the budget relating to the commission. the practice of the eu raising funds on the capital markets or from financial institutions should not be perpetuated. the financing of recovery from the covid-19 pandemic occurred due to a unique crisis situation , which should not set a general precedent for financing the eu budget from new debt. such a practice is contrary to the founding principles of the eu and goes beyond the financial responsibility assumed by member states upon entry into the eu.


### (48) ‘non-governmental organisation’ means a voluntary , independent from government , non-profit organisation , which is not a political party or a trade union; ### (48) ‘non-governmental organisation’ means a private organization of different legal forms or names (such as: association , foundation , union , institute , think-tank , group) which is formed on a voluntary basis , is organized on a local , national or international level , independent from government , other public authorities , political parties or commercial organisations; is non-profit and provides services and/or advocates public policy objectives in pursuit of the public common good , entails some degree of formal or institutional existence with internal democratic structures , accountable to its members and donors , is not self-serving in aims and related values and does not pursue commercial or professional interests of its members , is not a political party or a trade union;


### the fulfilment of conditions set out in sector-specific rules or commission decisions; or ### the fulfilment of conditions set out in sector-specific rules or commission or council decisions; or


### in order to protect the financial interests of the union , the commission shall set up and operate an early-detection and exclusion system. ### in order to protect the financial interests of the union , the commission shall set up and operate an early-detection and exclusion system , applying to all management systems.


### has conflicting interests which may negatively affect the performance of the contract in accordance with point 20.6 of annex i. ### has conflicting professional interests which may negatively affect the performance of the contract in accordance with point 20.6 of annex i.


### for contracts awarded by the union delegations or awarded exclusively in the interest of union delegations in third countries , the contracting authority may restrict the submission by letter to only one of the means indicated above. ### for contracts awarded by the union delegations or awarded exclusively in the interest of union delegations in third countries , the contracting authority may restrict the submission by letter to only one of the means indicated above. in case the contracting authority makes use of this provision , the reasons for the restriction shall be documented.


### are subject to an independent external audit , performed in accordance with internationally accepted auditing standards by an audit service functionally independent of the person or entity concerned; ### are subject to an independent external audit , performed in accordance with internationally accepted auditing standards by an audit service;


### 6. with the exception of procurement in the field of external actions , prior to any procedure carried out in response to a crisis , a declaration of crisis shall be made in line with the relevant internal rules. the authorising officer responsible may only rely on a crisis declaration to launch a procurement procedure if the procedure is justified by a situation of extreme urgency that is resulting from the crisis. ### 6. with the exception of procurement in the field of external actions , prior to any procedure carried out in response to a crisis , a declaration of crisis shall be made in line with relevant common rules. the authorising officer responsible may only rely on a crisis declaration to launch a procurement procedure if the procedure is justified by a situation of extreme urgency that is resulting from the crisis.


### by way of derogation from the third subparagraph , in a situation of extreme urgency resulting from a crisis , new contracting authorities might be added by the contracting authority after the launch of the procurement procedure and before contract signature , subject to the conditions set out in article 164(6) and provided that the modification does not alter the subject matter of the contract or the framework contract. ### by way of derogation from the third subparagraph , in a situation of extreme urgency resulting from a crisis , new contracting authorities might be added - provided that they also made a crisis declaration - by the contracting authority after the launch of the procurement procedure and before contract signature , subject to the conditions set out in article 164(6) and provided that the modification does not alter the subject matter of the contract or the framework contract.


### where a contract or framework contract is necessary for the implementation of a joint action between a union institution , a union body referred to in articles 70 and 71 or an executive agency referred to in article 69 and one or more contracting authorities from member states , the procurement procedure may be carried out jointly by the union institution and the contracting authorities. where it is necessary to carry out a joint procurement between a union institution , a union body referred to in articles 70 and 71 or an executive agency referred to in article 69 and one or more contracting authorities from member states , member states may acquire , rent or lease fully the capacities jointly procured. ### where a contract or framework contract is necessary for the implementation of a joint action between a union institution , a union body referred to in articles 70 and 71 or an executive agency referred to in article 69 and one or more contracting authorities from member states , the procurement procedure may be carried out jointly by the union institution and the contracting authorities. where it is necessary to carry out a joint procurement between a union institution , a union body referred to in articles 70 and 71 or an executive agency referred to in article 69 and one or more contracting authorities from member states , member states may acquire , rent or lease fully the capacities jointly procured in accordance with the respective provisions laid down in directives 2014/24/eu , 2014/25/eu and 2014/23/eu of the european parliament and of the council.


### in a situation of extreme urgency resulting from a crisis , new contracting authorities may be added after the launch of the procurement procedure and before contract signature , subject to the conditions set out in article 164(6). ### in a situation of extreme urgency resulting from a crisis , new contracting authorities may be added after the launch of the procurement procedure and before contract signature , subject to the conditions set out in article 164(6) and provided that the modification does not alter the subject matter of the contract or the framework contract.


### a union institution , union body referred to in articles 70 and 71 or an executive agency referred to in article 69 may procure on behalf of or in the name of one or several member states on the basis of a mandate , or act as a wholesaler , by buying , stocking and reselling or donating supplies and services , including rentals , to member states or partner organisations selected by the union institution , union body referred to in articles 70 and 71 or by an executive agency referred to in article 69. ### based on separate union legal acts a union institution , union body referred to in articles 70 and 71 or an executive agency referred to in article 69 may procure on behalf of or in the name of one or several member states on the basis of a mandate. these acts shall lay down inter alia the conditions for participation and the adoption of the mandate as well as the conditions and time frames for possible opt-in and opt-out by member states and the practical arrangements for the involvement of participating member states. a union institution , union body referred to in articles 70 and 71 or an executive agency referred to in article 69 may donate supplies and services , including rentals , to member states or partner organisations selected by the union institution , union body referred to in articles 70 and 71 or by an executive agency referred to in article 69.


### 6.2. in a competitive procedure with negotiation , a competitive dialogue , an innovation partnership and a negotiated procedure for low value contracts in accordance with point 14.3 , the minimum number of candidates shall be three. ### 6.2. in a competitive procedure with negotiation , a competitive dialogue , an innovation partnership , a prospection of the local market in accordance with point (g) of the second subparagraph of point 11.1 and a negotiated procedure for low value contracts in accordance with point 14.3 , the minimum number of candidates shall be three.


### negotiated procedures without prior publication in accordance with point 11 , except for design contests in accordance with point (d) of the second subparagraph of point 11.1 . ### negotiated procedures without prior publication in accordance with point 11 , except for design contests in accordance with point (d) of the second subparagraph of point 11.1. and prospections of the local market in accordance with point (g) of the second subparagraph of point 11.1.


### 6.6. for contracts awarded in accordance with point (d) of the second subparagraph of point 11.1 and points 14.2 and 14.3 , the contracting authority shall invite at least all economic operators who have expressed interest following ex ante publicity as set out in point 3.1 or a design contest. ### 6.6. for contracts awarded in accordance with point (d) and (g) of the second subparagraph of point 11.1 and points 14.2 and 14.3 , the contracting authority shall invite at least all economic operators who have expressed interest following ex ante publicity as set out in point 3.1 or prospection of the local market or a design contest.


### (1) since the adoption of regulation (eu) 2021/241 of the european parliament and of the council establishing the recovery and resilience facility ,3 unprecedented geopolitical events and their direct and indirect socio-economic consequences have considerably affected the union’s society and economy. in particular , it has become clearer than ever that the union’s energy security is indispensable for a successful , sustainable and inclusive recovery from the covid-19 crisis , as it is also a major factor contributing to the resilience of the european economy. ### (1) since the adoption of regulation (eu) 2021/241 of the european parliament and of the council establishing the recovery and resilience facility ,3 unprecedented geopolitical events and their direct and indirect socio-economic consequences have considerably affected the union’s society and economy. in particular , it has become clearer than ever that the union’s energy sovereignty and security is indispensable for a successful , sustainable and inclusive recovery from the covid-19 crisis , as it is also a major factor contributing to the resilience of the european economy.


### (1) since the adoption of regulation (eu) 2021/241 of the european parliament and of the council establishing the recovery and resilience facility ,3 unprecedented geopolitical events and their direct and indirect socio-economic consequences have considerably affected the union’s society and economy. in particular , it has become clearer than ever that the union’s energy security is indispensable for a successful , sustainable and inclusive recovery from the covid-19 crisis , as it is also a major factor contributing to the resilience of the european economy. ### (1) since the adoption of regulation (eu) 2021/241 of the european parliament and of the council establishing the recovery and resilience facility ,3 unprecedented geopolitical events and their direct and indirect socio-economic consequences have considerably affected the union’s society and economy. in particular , it has become clearer than ever that the union’s energy security is indispensable for a successful and competitive european economy as it is also a major factor contributing to the resilience of the european economy.


### (3) the versailles declaration of 10-11 march 2022 of the heads of states and governments invited the commission to propose by the end of may a repowereu plan to phase out the dependency on russian fossil fuel imports , which was subsequently reiterated in the european council conclusions of 24-25 march 2022. this should be done well before 2030 in a way that is consistent with the eu’s green deal and the climate objectives for 2030 and 2050 enshrined in the european climate law. regulation (eu) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies , in particular fossil fuels , thereby strengthening the strategic autonomy of the union alongside an open economy. support should also be given to reforms and investments increasing the energy efficiency of the member states’ economies. ### (3) the versailles declaration of 10-11 march 2022 of the heads of states and governments invited the commission to propose by the end of may a repowereu plan to phase out the dependency on russian fossil fuel imports , which was subsequently reiterated in the european council conclusions of 24-25 march 2022. this should be done well before 2030 in a way that is consistent with the eu’s green deal and the climate objectives for 2030 and 2050 enshrined in the european climate law. regulation (eu) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies , in particular fossil fuels , thereby strengthening the strategic autonomy of the union alongside an open economy. support should also be given to reforms and investments increasing the energy efficiency of the member states’ economies. the retro-activity clause of regulation (eu) 2021/241 should be amended to reflect that for the repowereu chapter only expenses occurred after the start of russia's war of aggression in ukraine are eligible.


### (3) the versailles declaration of 10-11 march 2022 of the heads of states and governments invited the commission to propose by the end of may a repowereu plan to phase out the dependency on russian fossil fuel imports , which was subsequently reiterated in the european council conclusions of 24-25 march 2022. this should be done well before 2030 in a way that is consistent with the eu’s green deal and the climate objectives for 2030 and 2050 enshrined in the european climate law. regulation (eu) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies , in particular fossil fuels , thereby strengthening the strategic autonomy of the union alongside an open economy. support should also be given to reforms and investments increasing the energy efficiency of the member states’ economies. ### (3) the versailles declaration of 10-11 march 2022 of the heads of states and governments invited the commission to propose by the end of may a repowereu plan to phase out the dependency on russian fossil fuel imports , which was subsequently reiterated in the european council conclusions of 24-25 march 2022. this should be done well before 2030 in a way that is consistent with the eu’s green deal and the climate objectives for 2030 and 2050 enshrined in the european climate law. regulation (eu) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies , in particular fossil fuels , thereby strengthening the strategic autonomy of the union alongside an open economy and competitive. support should also be given to reforms and investments increasing the energy efficiency of the member states’ economies and that favor and strengthen the ability of companies and smes to compete in a global market , generating more opportunities and jobs.


### (4) to maximise complementarity , consistency and coherence of policies and actions taken by the union and member states to foster independence and security of the union’s energy supply , these energy-related reforms and investments should be established through a dedicated ‘repowereu chapter’ of the recovery and resilience plans. ### (4) to maximise complementarity , consistency and coherence of policies and actions taken by the union and member states to foster independence and security of the union’s energy supply , these energy-related reforms and investments should be established through a dedicated ‘repowereu chapter’ of the recovery and resilience plans. a particular focus of the repowereu chapter should be put on better integrating european energy markets and closing cross-border transmission bottlenecks.


### (6) the repowereu chapter should include new reforms and investments contributing to the repowereu aims. furthermore , that chapter should contain an outline of other measures , financed from sources other than the recovery and resilience facility , contributing to the energy-related objectives outlined in recital (3). the outline should cover measures whose implementation should take place between 1 february 2022 to 31 december 2026 , the period during which the objectives set by this regulation are to be achieved. as regards natural gas infrastructure , the investments and reforms of the repowereu chapters to diversify supply away from russia should build on the needs currently identified through the assessment conducted and agreed by the european network of transmission system operators for gas (entsog) , established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. finally , the repowereu chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the recovery and resilience facility and the other measures financed by other sources than the recovery and resilience facility. ### (6) the repowereu chapter should include new reforms and investments contributing to the repowereu aims. furthermore , that chapter should contain an outline of other measures , financed from sources other than the recovery and resilience facility , contributing to the energy-related objectives outlined in recital (3). the outline should cover measures whose implementation should take place between 1 february 2022 to 31 december 2026 , the period during which the objectives set by this regulation are to be achieved. as regards natural gas infrastructure , the investments and reforms of the repowereu chapters to diversify supply away from russia should build on the needs currently identified through the assessment conducted and agreed by the european network of transmission system operators for gas (entsog) , established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures , including gas storage , taken to adapt to new geopolitical threats. finally , the repowereu chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the recovery and resilience facility and the other measures financed by other sources than the recovery and resilience facility.


### (6) the repowereu chapter should include new reforms and investments contributing to the repowereu aims. furthermore , that chapter should contain an outline of other measures , financed from sources other than the recovery and resilience facility , contributing to the energy-related objectives outlined in recital (3). the outline should cover measures whose implementation should take place between 1 february 2022 to 31 december 2026 , the period during which the objectives set by this regulation are to be achieved. as regards natural gas infrastructure , the investments and reforms of the repowereu chapters to diversify supply away from russia should build on the needs currently identified through the assessment conducted and agreed by the european network of transmission system operators for gas (entsog) , established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. finally , the repowereu chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the recovery and resilience facility and the other measures financed by other sources than the recovery and resilience facility. ### (6) the repowereu chapter should include new reforms and investments contributing to the repowereu aims , as well as to providing a comprehensive response to the effects of the crisis stemming from the russian military aggression against ukraine. furthermore , that chapter should contain an outline of other measures , financed from sources other than the recovery and resilience facility , contributing to the energy-related objectives outlined in recital (3). the outline should cover measures whose implementation should take place between 1 february 2022 to 31 december 2026 , the period during which the objectives set by this regulation are to be achieved. as regards natural gas infrastructure , the investments and reforms of the repowereu chapters to diversify supply away from russia should build on the needs currently identified through the assessment conducted and agreed by the european network of transmission system operators for gas (entsog) , established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. finally , the repowereu chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the recovery and resilience facility and the other measures financed by other sources than the recovery and resilience facility.


### (7) an appropriate assessment criterion should be added to serve as a basis for the commission to assess reforms and investments included in the repowereu chapter sand to ensure that reforms and investments are fit for achieving the specific repowereu-related objectives. an a rating should be required under this new assessment criterion for the relevant recovery and resilience plan to be positively assessed by the commission. ### (7) an appropriate and technologically neutral assessment criterion should be added to serve as a basis for the commission to assess reforms and investments included in the repowereu chapter sand to ensure that reforms and investments are fit for achieving the specific repowereu-related objectives , with a special focus on electricity production and gas storage capacities. an a rating should be required under this new assessment criterion for the relevant recovery and resilience plan to be positively assessed by the commission.


### (8) investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. resources should be dedicated to the reskilling and upskilling of people , to further equip the workforce with green skills. this is in line with the objective of the european social fund plus , which aims at supporting member states in achieving a skilled and resilient workforce ready for the future world of work. in light of this , resources transferred from the european social fund plus should help support measures for the reskilling and upskilling of the workforce. the commission will assess whether the measures included in the repowereu chapters significantly contribute to supporting a requalification of the workforce towards green skills. ### (8) investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. resources should be dedicated to the reskilling and upskilling of people , to further equip the workforce with green skills. this is in line with the objective of the european social fund plus , which aims at supporting member states in achieving a skilled and resilient workforce ready for the future world of work. in light of this , resources temporarily and voluntarily earmarked within the european social fund plus should help support measures for the reskilling and upskilling of the workforce. the commission will assess whether the measures included in the repowereu chapters significantly contribute to supporting a requalification of the workforce towards green skills.


### (8) investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. resources should be dedicated to the reskilling and upskilling of people , to further equip the workforce with green skills. this is in line with the objective of the european social fund plus , which aims at supporting member states in achieving a skilled and resilient workforce ready for the future world of work. in light of this , resources transferred from the european social fund plus should help support measures for the reskilling and upskilling of the workforce. the commission will assess whether the measures included in the repowereu chapters significantly contribute to supporting a requalification of the workforce towards green skills. ### (8) investments in infrastructure and technologies alone are not sufficient to ensure a reduction of dependency from fossil fuels. the current crisis reveals the critical needs of qualified professionals in energy sectors. resources should be dedicated to the reskilling and upskilling of people. jobs and training related to electricity production , transport and distribution should benefit from increased support. this is in line with the objective of the european social fund plus , which aims at supporting member states in achieving a skilled and resilient workforce ready for the future world of work. in light of this , resources transferred from the european social fund plus should help support measures for the reskilling and upskilling of the workforce. the commission will assess whether the measures included in the repowereu chapters significantly contribute to supporting a requalification of the workforce .


### (10) the recovery and resilience plan , including the repowereu chapter , should contribute to effectively addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations , including the country-specific recommendations to be adopted under the 2022 semester cycle which refer inter alia to the energy challenges that member states are facing. ### (10) the recovery and resilience plan , including the repowereu chapter , should contribute to effectively addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations , taking into account the specificities of the energy mix of each member state , including the country-specific recommendations to be adopted under the 2022 semester cycle which refer inter alia to the energy challenges that member states are facing.


### (11) an effective transition towards green energy and a reduction of energy dependency involves significant digital investments. in light of regulation (eu) 2021/241 , member states should provide an explanation of how the measures in the recovery and resilience plan , including those included in the repowereu chapter , are expected to contribute to the digital transition or the challenges resulting therefrom and whether they account for an amount contributing to the digital target based on the methodology for digital tagging. however , given the unprecedented urgency and importance of energy challenges faced by the union , reforms and investments included in the repowereu chapter should not be taken into account when calculating the plan’s total allocation for the purpose of applying the digital target requirement set by regulation (eu) 2021/241. ### (11) an effective transition towards green energy and a reduction of energy dependency involves significant digital investments. in light of regulation (eu) 2021/241 , member states should provide an explanation of how the measures in the recovery and resilience plan , including those included in the repowereu chapter , are expected to contribute to the digital transition or the challenges resulting therefrom and how they account to the digital target based on the methodology for digital tagging. given the specific nature of measures included in the repowereu chapter , the digital tagging methodology should be adapted exclusively for the measures included in these chapters to facilitate reaching the digital target.


### (12) pursuant to article 18(4) point (q) of regulation (eu) 2021/241 , the member states should also provide a summary of the consultation process of local and regional authorities and other relevant stakeholders , including , as relevant , from the agricultural sector , for reforms and investments included in the repowereu chapter. such summaries should explain the outcome of those consultations and outline how the input received was reflected in repowereu chapters. ### (12) pursuant to article 8 of regulation (eu) 2021/1060 , the member states should organise and implement a comprehensive consultation process of local and regional authorities and other relevant stakeholders , including , as relevant , from the agricultural sector , for reforms and investments included in the repowereu chapter. the outcome of such consultations should be summarised and verified by the commission.


### (12) pursuant to article 18(4) point (q) of regulation (eu) 2021/241 , the member states should also provide a summary of the consultation process of local and regional authorities and other relevant stakeholders , including , as relevant , from the agricultural sector , for reforms and investments included in the repowereu chapter. such summaries should explain the outcome of those consultations and outline how the input received was reflected in repowereu chapters. ### (12) pursuant to article 18(4) point (q) of regulation (eu) 2021/241 , the member states should also provide a summary of the mandatory consultation process of local and regional authorities and other relevant stakeholders , including , as relevant , from the agricultural sector , for reforms and investments included in the repowereu chapter. such summaries should explain the outcome of those consultations and outline how the input received was reflected in repowereu chapters. the commission should evaluate if these consultations ensure that all relevant stakeholders are given effective opportunities to participate in the preparation and the implementation of the recovery and resilience plans.


### (13) the application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner. it should continue to apply to the reforms and investments supported by the facility , with one targeted exemption to safeguard the eu’ immediate energy security concerns. considering the objective of diversifying energy supplies away from russian suppliers , the reforms and investments set out in those repowereu chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment. ### (13) the application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner. it should continue to apply to the reforms and investments supported by the facility , with one targeted exemption to safeguard the eu’ immediate energy security concerns. considering the objective of diversifying energy supplies away from russian suppliers and reducing the overall energy dependency of the european union , the reforms and investments set out in those repowereu chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas should temporarily not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment.


### (15) in addition , to incentivise a high level of ambition for reforms and investments to be included in the repowereu chapter , new dedicated funding sources should be provided. ### (15) in addition , to incentivise a high level of ambition for reforms and investments to be included in the repowereu chapter , new dedicated funding sources may be provided.


### (17) regulation (eu) 2021/1060 of the european parliament and of the council6should be amended to provide for the possibility to transfer up to 7.5% of resources of shared management programmes governed by that regulation to the facility for the achievement of the repowereu objectives , in addition to the existing transfer possibility of up to 5%. such a possibility is justified by the need to cover repowereu objectives , providing member states with additional flexibility to address those urgent needs. furthermore , the facility allows for a fast disbursement of funds , making it particularly well suited for financing of urgent energy-related measures. such transfers should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter. ### deleted


### (17) regulation (eu) 2021/1060 of the european parliament and of the council6 should be amended to provide for the possibility to transfer up to 7.5% of resources of shared management programmes governed by that regulation to the facility for the achievement of the repowereu objectives , in addition to the existing transfer possibility of up to 5%. such a possibility is justified by the need to cover repowereu objectives , providing member states with additional flexibility to address those urgent needs. furthermore , the facility allows for a fast disbursement of funds , making it particularly well suited for financing of urgent energy-related measures. such transfers should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter. ### (17) regulation (eu) 2021/1060 of the european parliament and of the council6 should be amended to provide for the possibility to temporarily earmark up to 5% of resources of shared management programmes governed by that regulation to the facility for the achievement of the repowereu objectives , in addition to the existing transfer possibility of up to 5% , provided that the latter is fully exhausted. such an earmarking possibility is justified by the need to contribute to the repowereu objectives , providing member states with additional flexibility to address those urgent needs. furthermore , the facility allows for a fast disbursement of funds , making it particularly well suited for financing of urgent energy-related measures. such earmarking should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter.


### (19) disbursements under repowereu shall be made following the rules of the recovery and resilience facility until the end of 2026. payments in relation to the resources transferred from shared management funds shall be subject to the availability of funds approved in the annual eu budget. ### (19) disbursements under repowereu shall be made following the rules of the regulation (eu) 2021/1060. payments in relation to the resources earmarked within shared management funds shall be subject to the availability of funds approved in the annual eu budget.


### (20) a request for a dedicated funding for repowereu measures , including allocation from the market stability reserve , transfers from the funds governed by regulation (eu) 2021/1060 and allocated from european agricultural fund for rural development , submitted in a plan , should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter. ### (20) a request for a dedicated funding for repowereu measures , including allocation from the market stability reserve , temporary earmarking within the funds governed by regulation (eu) 2021/1060 and allocated from european agricultural fund for rural development , submitted in a plan , should be justified by a higher financial need linked to additional reforms and investments included in the repowereu chapter.


### 1. in line with the six pillars referred in article 3 of this regulation , the coherence and synergies they generate , and in the context of the covid-19 crisis , the general objective of the facility shall be to promote the union’s economic , social and territorial cohesion by improving the resilience , crisis preparedness , adjustment capacity and growth potential of the member states , by mitigating the social and economic impact of that crisis , in particular on women , by contributing to the implementation of the european pillar of social rights , by supporting the green transition , by contributing to the achievement of the union’s 2030 climate targets set out in point (11) of article 2 of regulation (eu) 2018/1999 ,and by complying with the objective of eu climate neutrality by 2050 and of the digital transition , by increasing the resilience of the union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at union level (‘repowereu objectives’) thereby contributing to the upward economic and social convergence , restoring and promoting sustainable growth and the integration of the economies of the union , fostering high quality employment creation , and contributing to the strategic autonomy of the union alongside an open economy and generating european added value. ### 1. in line with the six pillars referred in article 3 of this regulation , the coherence and synergies they generate , and in the context of the covid-19 crisis , the general objective of the facility shall be to promote the union’s economic , social and territorial cohesion by improving the resilience , crisis preparedness , adjustment capacity and growth potential of the member states , by mitigating the social and economic impact of that crisis , in particular on women , by contributing to the implementation of the european pillar of social rights , by supporting the green transition , by contributing to the achievement of the union’s 2030 climate targets set out in point (11) of article 2 of regulation (eu) 2018/1999 ,and by complying with the objective of eu climate neutrality by 2050 and of the digital transition , by increasing the resilience of the union energy system through a decrease of dependence on fossil fuels , diversification of energy supplies , increase of electricity production and energy storage capacities at union level (‘repowereu objectives’) thereby contributing to the upward economic and social convergence , restoring and promoting sustainable growth and the integration of the economies of the union , fostering high quality employment creation , and contributing to the strategic autonomy of the union alongside an open economy and generating european added value.


### 1. in line with the six pillars referred in article 3 of this regulation , the coherence and synergies they generate , and in the context of the covid-19 crisis , the general objective of the facility shall be to promote the union’s economic , social and territorial cohesion by improving the resilience , crisis preparedness , adjustment capacity and growth potential of the member states , by mitigating the social and economic impact of that crisis , in particular on women , by contributing to the implementation of the european pillar of social rights , by supporting the green transition , by contributing to the achievement of the union’s 2030 climate targets set out in point (11) of article 2 of regulation (eu) 2018/1999 ,and by complying with the objective of eu climate neutrality by 2050 and of the digital transition , by increasing the resilience of the union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at union level (‘repowereu objectives’) thereby contributing to the upward economic and social convergence , restoring and promoting sustainable growth and the integration of the economies of the union , fostering high quality employment creation , and contributing to the strategic autonomy of the union alongside an open economy and generating european added value. ### 1. in line with the six pillars referred in article 3 of this regulation , the coherence and synergies they generate , and in the context of the covid-19 crisis , the general objective of the facility shall be to promote the union’s economic , social and territorial cohesion by improving the resilience , crisis preparedness , adjustment capacity and growth potential of the member states , by supporting the green transition , by contributing to the achievement of the union’s 2030 climate targets set out in point (11) of article 2 of regulation (eu) 2018/1999 ,and by complying with the objective of eu climate neutrality by 2050 and of the digital transition , by increasing the resilience of the union energy system through a decrease of dependence on fossil fuels , diversification of energy supplies at union level and a better integration of european energy markets (‘repowereu objectives’) thereby contributing to the upward economic and social convergence , restoring and promoting sustainable growth and the integration of the economies of the union , fostering high quality employment creation , and contributing to the strategic autonomy of the union alongside an open economy and generating european added value.


### 6. by derogation from paragraph 5 , subject to the availability of resources , in exceptional circumstances the amount of the loan support may be increased , considering the needs of the requesting member state , as well as requests for loan support already submitted or planned to be submitted by other member states , while applying the principles of equal treatment , solidarity , proportionality and transparency. to facilitate the application of these principles , member states shall communicate to the commission within 30 days after [the entry into force of this amending regulation] , whether they intend to request loan support. ### 6. by derogation from paragraph 5 , subject to the availability of resources , in exceptional circumstances the amount of the loan support may be increased , considering the needs of the requesting member state , as well as requests for loan support already submitted or planned to be submitted by other member states , while applying the principles of equal treatment , solidarity , proportionality and transparency. to facilitate the application of these principles , member states shall communicate to the commission within 30 days after [the entry into force of this amending regulation] , whether they will submit requests for loan support. the communication of such intention will constitute a binding commitment of the member state to request the respective amounts. only member states that have informed the commission of their intention to request any available loan support may subsequently submit such requests.’


### for the preparation and , where available , for the implementation of the recovery and resilience plan , a summary of the consultation process , conducted in accordance with the national legal framework , of local and regional authorities , social partners , civil society organisations , youth organisations and other relevant stakeholders , and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular , the summary of the consultation process shall explain the outcome of the consultations with local and regional authorities and other relevant stakeholders on reforms and investments included in the repowereu chapter and outline how the input received was reflected in the repowereu chapter; ### for the preparation and , where available , for the implementation of the recovery and resilience plan , a summary of the consultation process , which shall be mandatory and conducted in accordance with the national legal framework , of local and regional authorities , social partners , civil society organisations , youth organisations and other relevant stakeholders , and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular , the summary of the consultation process shall explain the outcome of the consultations with local and regional authorities , the social partners as well as the ngos and other stakeholders relevant to reach the repowereu objectives on reforms and investments included in the repowereu chapter , outline how the input received was reflected in the repowereu chapter , which input was not reflected and for which reason and how the local and regional authorities and other relevant stakeholders will be involved in the implementation of the repowereu chapter and its monitoring;


### (da) whether the reforms and investments referred to in article 21c(1) effectively contribute towards the diversification of the union’s energy supply or reduction of dependence on fossil fuels before 2030.; ### (da) whether the reforms and investments referred to in article 21c(1) effectively contribute towards energy security , security of supply , the diversification of the union’s energy supply , reduction of dependence on fossil fuels , increase of electricity production and energy storage capacities before 2030 ;


### (da) whether the reforms and investments referred to in article 21c(1) effectively contribute towards the diversification of the union’s energy supply or reduction of dependence on fossil fuels before 2030.; ### (da) whether the reforms and investments referred to in article 21c(1) effectively contribute towards the diversification of the union’s energy supply or reduction of dependence on fossil fuels before 2030 and towards the eu's climate neutrality objective;


### (1) resources allocated to member states under shared management may , at their request , be transferred or allocated to the facility subject to the conditions set out in article 26a of regulation (eu) 2021/1060 and article 81a of regulation (eu) 2021/2115. those resources shall be used exclusively for the benefit of the member state concerned. ### (1) resources allocated to member states under shared management may , at their request , be transferred or allocated to the facility subject to the conditions set out in article 26 of regulation (eu) 2021/1060 and article 81a of regulation (eu) 2021/2115. resources under shared management may be earmarked temporarily in accordance with the provisions of article 26a of regulation (eu) 2021/1060. those resources shall be used exclusively for the benefit of the member state concerned.


### resources may be transferred under article 26a of regulation (eu) 2021/1060 to support measures referred to in article 21c(1) of this regulation , provided that the member state has already requested transfers from a given fund up to the ceiling of 5% in accordance with the first and second sub-paragraphs of article 26(1). ### resources may be earmarked under article 26a of regulation (eu) 2021/1060 to support measures referred to in article 21c(1) of this regulation , provided that the member state has already requested transfers from a given fund up to the ceiling of 5% in accordance with the first and second sub-paragraphs of article 26(1).


### (2) payments shall be made in accordance with article 24 of this regulation and subject to available funding. ### (2) allocated ressources under paragraph 1 shall be implemented in accordance with the provisions set out in regulation (eu) 2021/1060 , the fund-specific regulation of the shared management fund from which they are allocated and related payments shall be made in accordance with article 91 of regulation (eu) 2021/1060 subject to available funding.


### (2) payments shall be made in accordance with article 24 of this regulation and subject to available funding. ### (2) earmarked resources under paragraph 1 shall be implemented in accordance with the provisions set out in regulation (eu) 2021/1060 and in the fund-specific regulation of the shared management fund from which they have been initially allocated and subject to available funding.


### (3) the commission shall implement those resources directly in accordance with article 62(1) , first subparagraph , point (a) of the financial regulation. ### (3) the commission shall implement those resources under shared management in accordance with article 7 of regulation (eu) 2021/1060.


### (5) the provisions of this regulation shall be applicable mutatis mutandis to the reforms and investments of the repowereu chapter , unless provided otherwise. ### (5) the provisions of this regulation shall be applicable mutatis mutandis to the reforms and investments of the repowereu chapter , except for investments of the repowereu chapter financed by allocations under shared management funds for which regulation (eu) 2021/1060 and the fund-specific rules apply.


### (1) eur 20 000 000 000 in current prices shall be available , in line with article 10e(4) of directive 2003/87/ec , for implementation under this regulation to increase the resilience of the union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at union level. that amount shall be made available in the form of external assigned revenue within the meaning of article 21(5) of the financial regulation. ### (1) eur 20 000 000 000 in current prices shall be available , in line with article 10e(4) of directive 2003/87/ec , for implementation under this regulation to increase the resilience of the union energy system through a decrease of dependence on fossil fuels , diversification of energy supplies , increase of electricity production and energy storage capacities at union level. that amount shall be made available in the form of external assigned revenue within the meaning of article 21(5) of the financial regulation.


### boosting energy efficiency in buildings , decarbonising industry , increasing production and uptake of sustainable biomethane and renewable or fossil-free hydrogen and increasing the share of renewable energy , ### boosting energy efficiency in buildings , decarbonising industry , increasing production and uptake of sustainable biomethane and renewable or fossil-free and low-carbon hydrogen and increasing the share of renewable and low-carbon energy ,


### addressing internal and cross-border energy transmission bottlenecks and supporting zero emission transport and its infrastructure , including railways , ### addressing internal and cross-border energy transmission bottlenecks and supporting zero and low emission transport and its infrastructure , including railways ,


### supporting the objectives in points (a) , (b) and (c) through an accelerated requalification of the workforce towards green skills , as well as support of the value chains in key materials and technologies linked to the green transition. ### supporting the objectives in points (a) , (b) and (c) through an accelerated requalification of the workforce towards energy sector , with a special focus on low carbon or carbon-free electricity production , as well as support of the value chains in key materials and technologies linked to the decarbonisation of energy production.


### an explanation on how the combination of the measures referred to in paragraph 1 and points (a) and (b) of this paragraph is coherent , effective and expected to contribute to the repowereu objectives , including a quantification of the energy savings. ### an explanation on how the combination of the measures referred to in paragraph 1 and points (a) and (b) of this paragraph is coherent , effective and expected to contribute to the repowereu objectives , including a quantification of the energy production and savings , and contribution to energy storage.


### where applicable , the breakdown of financial resources by category of region drawn up in accordance with article 108(2) and the amounts of allocations proposed to be transferred pursuant to articles 26 , 26a and 111 , including a justification for such transfers; ### where applicable , the breakdown of financial resources by category of region drawn up in accordance with article 108(2) and the amounts of allocations proposed to be transferred pursuant to articles 26 and 111 , as well as resources proposed to be earmarked under article 26a , including a justification for such transfers or earmarking;


### a table specifying the total financial allocations for each of the funds and , where applicable , for each category of region for the whole programming period and by year , including any amounts transferred pursuant to article 26 , article 26a or 27; ### a table specifying the total financial allocations for each of the funds and , where applicable , for each category of region for the whole programming period and by year , including any amounts transferred or earmarked pursuant to article 26 , article 26a or article 27;


### where the partnership agreement has been approved and one or more programmes have not yet been adopted , a transfer to the recovery and resilience facility in accordance with regulation (eu) 2021/241 may be requested through notification of a revision of the information referred to in article 11(1) points (c) , (e) and (h) in accordance with article 69(9). ### where the partnership agreement has been approved and one or more programmes have not yet been adopted , a transfer to the recovery and resilience facility in accordance with article 26 of regulation (eu) 2021/1060 may be requested through notification of a revision of the information referred to in article 11(1) points (c) , (e) and (h) in accordance with article 69(9).


### 2. by way of derogation from article 40(2) , point (d) and the paragraph above , the monitoring committee shall be consulted on the programme amendment , where such amendment is strictly limited to what is necessary for the purposes of the transfer to the recovery and resilience facility. ### 2. by way of derogation from article 40(2) , point (d) and the paragraph above , the monitoring committee shall approve the programme amendment , where such amendment is strictly limited to what is necessary for the purposes of the earmarking in accordance with article 26a of regulation (eu) 2021/1060.


### transfer to the recovery and resilience facility ### earmarking for the repowereu objectives


### (1) member states submitting to the commission a recovery and resilience plan containing a repowereu chapter in accordance with regulation (eu) 2021/241 may request the transfer of up to 7.5% of their initial national allocation of each fund to the recovery and resilience facility , provided that the member state has already requested transfers from that specific fund up to the ceiling of 5% in accordance with the first and second sub-paragraphs of article 26(1). the transfer request shall be made either in the partnership agreement , including through the notification of a revision of the information referred to in article 11(1) points (c) , (e) and (h) in accordance with article 69(9) or in a request for an amendment of a programme. where the request for transfer concerns an amendment of a programme , only resources of future calendar years may be transferred. such transfers shall be additional to the possibility of transfer of resources envisaged under article 26 of this regulation. ### deleted


### (1) member states submitting to the commission a recovery and resilience plan containing a repowereu chapter in accordance with regulation (eu) 2021/241 may request the transfer of up to 7.5% of their initial national allocation of each fund to the recovery and resilience facility , provided that the member state has already requested transfers from that specific fund up to the ceiling of 5% in accordance with the first and second sub-paragraphs of article 26(1). the transfer request shall be made either in the partnership agreement , including through the notification of a revision of the information referred to in article 11(1) points (c) , (e) and (h) in accordance with article 69(9) or in a request for an amendment of a programme. where the request for transfer concerns an amendment of a programme , only resources of future calendar years may be transferred. such transfers shall be additional to the possibility of transfer of resources envisaged under article 26 of this regulation. ### (1) member states submitting to the commission a recovery and resilience plan containing a repowereu chapter in accordance with regulation (eu) 2021/241 may request to earmark of up to 5% of their initial national allocation of each fund to contribute to the objectives of the repowereu , provided that the member state has already requested transfers from that specific fund up to the ceiling of 5% in accordance with the first and second sub-paragraphs of article 26(1). the earmarking request shall be made either in the partnership agreement , including through the notification of a revision of the information referred to in article 11(1) points (c) , (e) and (h) in accordance with article 69(9) or in a request for an amendment of a programme. where the request for earmarking concerns an amendment of a programme , only resources of future calendar years may be earmarked. such earmarking shall be temporary and additional to the possibility of transfer of resources envisaged under article 26 of this regulation.


### (2) transferred resources shall be implemented in accordance with the provisions of regulation (eu) 2021/241 and shall be used for the benefit of the member state concerned. ### (2) transferred resources under article 26 of this regulation shall be implemented in accordance with the provisions of regulation (eu) 2021/241. allocated ressources under article 26a of this regulation shall be implemented in accordance with regulation (eu) 2021/1060 , the provisions set out in the fund-specific regulation of the shared management fund from which they are allocated. transferred or allocated ressources from funds under shared management shall be used for the benefit of the member state concerned. allocated resources under article 26a of this regulation shall not count towards the thematic concentration set out in article 4 of regulation (eu) 1058/2021.


### (2) transferred resources shall be implemented in accordance with the provisions of regulation (eu) 2021/241 and shall be used for the benefit of the member state concerned. ### (2) transferred resources under article 26 of this regulation shall be implemented in accordance with the provisions of regulation (eu) 2021/241. earmarked resources under this regulation shall be implemented in accordance with the provisions of regulation (eu) 2021/1060 and the respective provisions of the shared management funds. the resources shall be used for the benefit of the member state concerned.


### (3) where the partnership agreement has been approved , and the transfer is requested before the approval of one or more programmes , the resulting inconsistency between the partnership agreement and the programmes shall not be taken into account when assessing the programme pursuant to article 23(1). in such cases the member state concerned shall submit a revision of the information referred to in article 11(1) points (c) , (e) and (h) , which shall constitute a request for transfer within the meaning of this article. ### (3) where the partnership agreement has been approved , and the earmarking is requested before the approval of one or more programmes , the resulting inconsistency between the partnership agreement and the programmes shall not be taken into account when assessing the programme pursuant to article 23(1). in such cases the member state concerned shall submit a revision of the information referred to in article 11(1) points (c) , (e) and (h) , which shall constitute a request for earmarking within the meaning of this article.


### (4) where a programme need to be amended for the purpose of transfers set out in this article , by way of derogation from article 24(2) and (4) , the commission shall adopt or refuse the amendment as regards the transfer and the resulting changes to the programme within one month after the date of submission of the programme by the member state. by way of derogation from article 40(2) , point (d) , the monitoring committee shall be consulted on the programme amendment. requests for an amendment of a programme shall set out the total amount transferred for each year by fund and by category of region , where applicable. ### (4) where a programme need to be amended for the purpose of earmarking set out in this article , by way of derogation from article 24(2) and (4) , the commission shall adopt or refuse the amendment as regards the earmarking and the resulting changes to the programme within one month after the date of submission of the programme by the member state. by way of derogation from article 40(2) , point (d) , the monitoring committee shall approve the programme amendment. requests for an amendment of a programme shall set out the total amount earmarked for each year by fund and by category of region , where applicable.


### (5) jtf resources , including any resources transferred from the erdf and the esf+ in accordance with article 27 , shall not be transferable to the recovery and resilience facility pursuant to this article. ### (5) jtf resources , including any resources transferred from the erdf and the esf+ in accordance with article 27 , shall not be earmarked or transferred to the recovery and resilience facility pursuant to this article.


### (6) where the commission has not entered into a legal commitment for resources transferred in accordance with paragraph 1 , the corresponding uncommitted resources may be transferred back to the fund from which they have been initially transferred and allocated to one or more programmes , in accordance with the provisions in article 26(7) , 26(8) and 26(9). ### (6) where within 8 months of the entry into force of this regulation the commission has not entered into a legal commitment for resources earmarked in accordance with article 26a of this regulation , the corresponding resources may be reused through one or more programmes under shared management.


### applicable only to programme amendments in accordance with articles 14 , 26 , and 26a except complementary transfers to the jtf in accordance with article 27 cpr. transfers shall not affect the annual breakdown of financial appropriations at the mff level for a member state. ### applicable only to programme amendments in accordance with articles 14 , 26 , and 26a except complementary transfers to the jtf in accordance with article 27 cpr. earmarking shall not affect the annual breakdown of financial appropriations at the mff level for a member state.


### (14) further incentives should be provided for member states to request loans , through the clarification of the loan allocation procedure. in accordance with regulation (eu) 2021/241 , member states may request loans until 31 august 2023. an intention to submit a loan request should be communicated to the commission 30 days after the entry into force of this regulation so that the redistribution of the remaining funds can be conducted in an orderly manner. ### (14) further incentives should be provided for member states to request loans , through the clarification of the loan allocation procedure. in accordance with regulation (eu) 2021/241 , member states may request loans until 31 august 2023. an intention to submit a loan request should be communicated to the commission 30 days after the entry into force of this regulation so that the redistribution of the remaining funds can be conducted in an orderly manner and for the member state to be able to request such support at a later stage.