### 167. governments have targeted eu citizens with powerful spyware. this poses threats to democracy and individual citizens’ rights. the eu has powers to act on these threats , albeit very few. when member states , however , invoke ‘national security’ , the eu is basically out of the game. member states define national security unilaterally , and can shut the door at any time. in addition to these legal constraints , there are political reasons that amount to eu-passiveness. the european commission , as guardian of the eu treaties , has grown reticent when it comes to enforcing eu law331 . this is not because there are legal constraints , but rather because it is a political choice. the commission tends to interpret its powers in the narrowest possible way. when faced with flagrant violations of the rule of law and fundamental rights , this stance becomes very problematic. subsidiarity and respect for the exclusive national competences risks turning in to impunity. below we will examine the powers that the eu institutions have at their disposal. the parliament , commission and council have the power and the duty to legislate , regulate and enforce and they have to do so with vigour and ambition , putting defence of our democracy over short-term political considerations. ### 167. governments have targeted eu citizens with powerful spyware. this poses threats to democracy and individual citizens’ rights. the eu has powers to act on these threats , albeit very few. when member states , however , invoke ‘national security’ , the eu is basically out of the game. member states define national security unilaterally , and can shut the door at any time. in this way , member states are escaping transparency and accountability , and allow for umhampered use , and trade in spyware. in addition to these legal constraints , there are political reasons that amount to eu-passiveness. the european commission , as guardian of the eu treaties , has grown reticent when it comes to enforcing eu law331 . this is not because there are legal constraints , but rather because it is a political choice. the commission is stonewalling the matter , and chooses to interpret its powers in the narrowest possible way. when faced with flagrant violations of the rule of law and fundamental rights , this policy of forbearance becomes very problematic. subsidiarity and respect for the exclusive national competences risks turning in to impunity. below we will examine the powers that the eu institutions have at their disposal. the parliament , commission and council have the power and the duty to legislate , regulate and enforce and they have to do so with vigour and ambition , putting defence of our democracy over short-term political considerations.


### 168. the european commission , in its response to the spyware scandal , has so far limited itself to writing letters requesting clarification from the governments of poland , hungary , spain and greece. however , it would seem that this timid admonition by the commission will not be followed by further action. it is true that strictly speaking the commission has no powers to act in the area of national security. however , as the commission itself points out in those letters , ‘national security’ should not be interpreted as an unlimited carve out from european laws and treaties , and become an area of lawlessness. ### 168. the european commission , in its response to the spyware scandal , has so far limited itself to writing letters requesting clarification from the governments of poland , hungary , spain and greece. however , this timid admonition by the commission has not been followed by further action. it is true that strictly speaking the commission has no powers to act in the area of national security. however , as the commission itself points out in those letters , ‘national security’ should not be interpreted as an unlimited carve out from european laws and treaties , and become an area of lawlessness. it is up to the member states however to "demonstrate that national security would be compromised in the case at issue." in response to the question what actions the commission will take if national authorities do not thoroughly examine any allegations of illegal spying , the commission merely refers to the european court of justice and to article 47 of the charter , which grants a right to an effective remedy before a tribunal. there seems to be no political willingness to act.


### 169. unlike the us , the commission has so far not undertaken an analysis of the situation nor an assessment of the companies that are active in the european market. there is no obvious legal objection against conducting such an analysis. ### 169. unlike the us , which is taking action with determination to tackle mercenary spyware , more than a year and a half after the first revelations , the commission has regrettably so far not even undertaken an analysis of the situation nor an assessment of the companies that are active in the european market. there is no obvious legal objection against conducting such an analysis. it is highly remarkable that the large amount of evidence published over the past year has still not incited the commission to take any meaningful action. although the commission generally quickly condemns threats to the union from third countries , it prefers to remain quiet when it comes to threats from member states. the commission knowlingly condones the violation of citizens' rights and the destruction of democracy. its inertia amounts to complicity in human rights violations and deleriction of duty.


### 170. the eu does have several laws that might serve as regulatory tools with regard to spyware. in addition to laws protecting the rights of citizens , such as the laws on data protection and privacy of communications (gdpr , e-privacy) , there are laws on exports (dual use regulation) and procurement. however , enforcement by the commission is weak. it tends to limit itself to verifying if a member state has correctly transposed eu laws in national laws. however , that says very little about the actual situation on the ground. thus , the commission implementation report332 of the dual use regulation seems to conclude that implementation is well on track , whereas there is ample evidence to prove that in practice it is weak and patchy , and in some countries even deliberately so. despite the rules laid down in the dual use regulation , cyprus appears to have become an attractive export hub for spyware vendors. without proper and meaningful enforcement , eu laws are mere paper tigers that create ample space for the illegitimate use of spyware. ### 170. the eu does have several laws that might serve as regulatory tools with regard to spyware. in addition to laws protecting the rights of citizens , such as the laws on data protection and privacy of communications (gdpr , e-privacy) , there are laws on exports (dual use regulation) and procurement. however , enforcement by the commission is weak. it does not exert its role as guardian of the treaties properly and in good faith. it tends to limit itself to verifying if a member state has correctly transposed eu laws in national laws. however , that says very little about the actual situation on the ground. thus , the commission implementation report332 of the dual use regulation seems to conclude that implementation is well on track , whereas there is ample evidence to prove that in practice it is weak and patchy , and in some countries even deliberately so. despite the rules laid down in the dual use regulation , cyprus appears to have become an attractive export hub for spyware vendors. also the implementation of the e-privacy directive and of judgments by the cjeu in relation to this law is very poor. the commission refers to the member states as responsible for implementation and enforcement of the directive in compliance with cjeu jurisprudence , but does not take action when member states fail to do so. without proper and meaningful enforcement , eu laws are mere paper tigers that create ample space for the illegitimate use of spyware.


### 171. the european parliament has set up the pega inquiry committee , which is working diligently and effectively within its powers and mandate. however , it has no powers to summon witnesses or hear them under oath , and it has no access to classified information. it lacks the full investigative powers that most national parliaments have. in addition , the influence of national governments is frequently present in the deliberations of pega , which on occasion is an obstacle to thorough , fully independent , and objective investigations. it is quite cynical that the european parliament does not have the full powers to investigate , when some of its own members are victims of illegal surveillance. ### 171. the european parliament has set up the pega inquiry committee , which has been working diligently and effectively within its powers and mandate. however , it has no powers to summon witnesses or hear them under oath , and it has no access to classified information. it lacks the full investigative powers that most national parliaments have. in addition , the influence of national governments is frequently present in the deliberations of pega , which on occasion is an obstacle to thorough , fully independent , and objective investigations. it is quite cynical that the european parliament does not have the full powers to investigate , when some of its own members are victims of illegal surveillance.


### 172. although the national governments claim that the spyware scandal is a purely national matter , it was actually discussed in the council of the european union and the national governments decided to respond collectively to the questionnaire of the european parliament333 . in doing so , they have fully acknowledged that it is in fact a matter for the council. however , responsibility is not a menu that you can pick and choose from: you cannot only selectively deal with procedural matters , but not the substance. ### 172. although the national governments claim that the spyware scandal is a purely national matter , it was actually discussed in the council of the european union and the national governments decided to respond collectively to the questionnaire of the european parliament333 . in doing so , they have fully acknowledged that it is in fact a matter for the council. however , responsibility is not a menu that you can pick and choose from: you cannot only selectively deal with procedural matters , but not the substance. the omertà and lack of cooperation of the council does not bode well for any future regulatory initiatives. the council is a legislator , but it may well be reluctant to regulate its own members.


### 173. to date , the european council has not responded publicly or substantively to the scandal. some of its members have a stake in the matter , as they themselves may be complicit in the illegitimate hacks , or they simply wish to keep the eu weak and powerless in this area. the omertà and lack of cooperation of the council does not bode well for any future regulatory initiatives. the council is a legislator , but it may well be reluctant to regulate its own members. ### 173. to date , the european council has not responded publicly or substantively to the scandal. some of its members have a stake in the matter , as they themselves may be complicit in the illegitimate hacks , or they simply wish to keep the eu weak and powerless in this area.


### 177. however , europol has recently obtained new powers allowing it to pro-actively propose an investigation , even when it concerns a crime committed only in one member state334 , but so far it has been reluctant to make use of those powers. europol wants to cherish the good relations with the governments , as it fears such an initiative would lead to a breakdown of cooperation in other areas. ### 177. however , europol has recently obtained new powers allowing it to pro-actively propose an investigation , even when it concerns a crime committed only in one member state334.there is ample reason for europol to propose an investigation into the use of , and trade in spyware , with a significant number of member states involved.even though a member state can still refuse a proposal for an investigation by europol , the onus will be on the member state to refuse.


### 178. on 28 september 2022 , pega wrote a letter to europol335 , urging it to make use of its new powers under article 6 of the europol regulation336 . in a letter of reply dated 13 october 2022337 , europol stated that it has ‘contacted five member states to ascertain whether there is relevant information available at the national level for europol and whether there is an ongoing or envisaged criminal investigation (or , instead , another inquiry under the applicable provisions of national law). one of the five member states has meanwhile confirmed to europol the initiation of criminal investigations under the oversight of the competent judicial authorities , and this has also been verified by eurojust’. it is not known which countries the letter refers to , nor whether the aforementioned criminal inquiry by one member state concerns the abuse of spyware by eu member state governments or by third countries. ### 178. on 28 september 2022 , pega wrote a letter to europol335 , urging it to make use of its new powers under article 6 of the europol regulation336 . in a letter of reply dated 13 october 2022337 , europol stated that it has ‘contacted five member states to ascertain whether there is relevant information available at the national level for europol and whether there is an ongoing or envisaged criminal investigation (or , instead , another inquiry under the applicable provisions of national law). four of the five member states have responded to europol's letter , none of which would have 'relevant information that is available for europol'. by october 2022 , one of the five member states had confirmed to europol 'the initiation of criminal investigations under the oversight of the competent judicial authorities , and this has also been verified by eurojust’. by december 2022 , a second member state informed europol 'that one criminal procedure was initiated in connection with the suspected unlawful use of pegasus software which meanwhile was closed by the responsible judicial authorities in that country.' a third member state notified europol that 'pre-trial proceedings have been opened in one instance at the regional level' , and inquired 'whether europol holds information on the use of pegasus software in the respective country , of relevance to the pre-trial proceedings.' a fourth member state informed europol 'that there is no criminal investigation ongoing or envisaged' , but that 'judicial investigations had been initiatied'.


### k. whereas greek members of parliament , opposition as well as nea demokratia (nd) mps , nd party loyalists and journalists have been targeted with predator spyware , the use of which is illegal under greek law; whereas many of the persons targeted were also under official surveillance by the eyp greek secret service; whereas the greek government denies having purchased or used predator , but it is highly probable that predator has been used by or on behalf of persons very close to the prime minister’s office; whereas the greek government admitted it has granted export licences to intellexa for the sale of the predator spyware to repressive governments; whereas the government has responded to the scandal with legislative amendments that further reduce the rights of the target to be informed after surveillance has taken place; ### k. whereas greek members of parliament , opposition as well as nea demokratia (nd) mps , nd party loyalists and journalists have been targeted with predator spyware , the use of which is illegal under greek law; whereas many of the persons targeted were also under official surveillance by the eyp greek secret service; whereas the greek government denies having purchased or used predator , but it is highly probable that predator has been used by or on behalf of persons very close to the prime minister’s office; whereas the greek government admitted it has granted export licences to intellexa for the sale of the predator spyware to repressive governments; whereas the government has responded to the scandal with legislative amendments that further reduce the rights of the target to be informed after surveillance has taken place and further hampers the work of independent authorities;


### 1. highlights the undeniable importance of protection of privacy and the right to dignity and private life in an increasingly digital world where more and more of our activities take place online; ### 1. highlights the undeniable importance of protection of privacy , the right to dignity and private life as well as other individual rights such as the right to freedom of speech , association and assembly in an increasingly digital world where more and more of our activities take place online;


### 4. points out that this illegitimate use of spyware by national governments directly and indirectly affects the union institutions and the decision making process , thus undermining the integrity of european union democracy; ### 4. points out that this illegitimate use of spyware by national and third country governments directly and indirectly affects the union institutions and the decision making process , thus undermining the integrity of european union democracy;


### for new commitments to be undertaken from 2021 , member states shall determine a shorter period of one to three years in their rural development programmes. if member states provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph , from 2021 the extension shall not go beyond one year. as from 2021 , for new commitments directly following a commitment performed in the initial period , member states shall determine a period of one year in their rural development programmes. ### for new commitments to be undertaken from 2021 member states may determine a shorter period in their rural development programmes. if member states provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph , from 2021 the extension shall not go beyond one year. as from 2021 , for new commitments directly following a commitment performed in the initial period , member states shall determine a period of one year in their rural development programmes.


### for new commitments to be undertaken from 2021 , member states shall determine a shorter period of one to three years in their rural development programmes. if member states provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph , from 2021 the extension shall not go beyond one year. as from 2021 , for new commitments concerning maintenance that directly follow the commitment performed in the initial period , member states shall determine a period of one year in their rural development programmes. ### for new commitments to be undertaken from 2021 , member states may determine a shorter period in their rural development programmes. if member states provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph , from 2021 the extension shall not go beyond one year. as from 2021 , for new commitments concerning maintenance that directly follow the commitment performed in the initial period , member states shall determine a period of one year in their rural development programmes.


### for new commitments to be undertaken as from 2021 member states shall determine a shorter period of one to three years in their rural development programmes. if member states provide for an annual renewal of commitments after the termination of the initial period in accordance with the first subparagraph , as from 2021 the renewal shall not go beyond one year. ### for new commitments to be undertaken as from 2021 member states may determine a shorter period in their rural development programmes. if member states provide for an annual renewal of commitments after the termination of the initial period in accordance with the first subparagraph , as from 2021 the renewal shall not go beyond one year.


### – in the french overseas departments: eur 267 580 000 , ### – in the french overseas departments: eur 278 410 000 ,


### – azores and madeira: eur 102 080 000 , ### – azores and madeira: eur 106 210 000 ,


### – canary islands: eur 257 970 000. ### – canary islands: eur 268 420 000.


### – in the french overseas departments: eur 25 900 000 , ### – in the french overseas departments: eur 35 000 000 ,


### – azores and madeira: eur 20 400 000 , ### – azores and madeira: eur 21 200 000 ,


### – canary islands: eur 69 900 000. ### – canary islands: eur 72 700 000.


### — having regard to its resolution of 16 january 2018 on women , gender equality and climate justice19 , ### deleted


### — having regard to its resolution of 15 january 2019 on gender equality and taxation policies in the eu22 , ### deleted


### a. whereas the principle of equality between women and men is a core value of the eu , enshrined in the treaties and the charter of fundamental rights of the european union; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all eu activities and policies; ### a. whereas the principle of equality between women and men is a core value of the eu , enshrined in the treaties and the charter of fundamental rights of the european union; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all eu activities and policies measures and actions , including cohesion policy; whereas article 7 of the common provisions regulation (eu) no 1303/2013 for 2014-2020 establishes that equality between men and women and the integration of gender perspective shall be taken into account and promoted throughout the preparation and implementation of programmes , including in relation to monitoring , reporting and evaluation;


### a. whereas equality between women and men is a core value of the eu enshrined in articles 8 and 19 of the treaty on the functioning of the european union; whereas gender mainstreaming is therefore an important tool in the horizontal integration of this principle into eu policies , measures and actions , including cohesion policy; ### a. whereas equality between women and men is a core value of the eu enshrined in articles 8 and 19 of the treaty on the functioning of the european union; whereas gender mainstreaming is therefore an important tool in the horizontal integration of this principle into eu policies , measures and actions , including cohesion policy; whereas article 7 of the common provisions regulation (eu) no 1303/2013 for 2014-2020 establishes that equality between men and women and the integration of gender perspective shall be taken into account and promoted throughout the preparation and implementation of programmes , including in relation to monitoring , reporting and evaluation;


### b. whereas cohesion policy is as an important policy tool to support gender equality; ### b. whereas cohesion policy is not only vital to economic growth and social cohesion but is also an important policy tool to support gender equality;


### b. whereas cohesion policy addresses disparities between various regions and the backwardness of the least favoured regions with a view to achieving economic , social and territorial cohesion through the european regional development fund (erdf) , the european social fund (esf) , the cohesion fund , the european agricultural fund for rural development (eafrd) and the european maritime and fisheries fund (emff) , which are subject to the principles of non-discrimination and equality between women and men; ### b. whereas cohesion policy addresses disparities between various regions and the backwardness of the least favoured regions with a view to achieving economic , social and territorial cohesion , of which the achievement of gender equality is an essential part , through the european regional development fund (erdf) , the european social fund (esf) , the cohesion fund , the european agricultural fund for rural development (eafrd) and the european maritime and fisheries fund (emff) , just transition fund (jtf) , which are subject to the principles of non-discrimination and equality between women and men; whereas these funds should pay particular attention to women living in rural areas , areas affected by industrial transition , and regions which suffer from severe and permanent natural or demographic handicaps such as regions with very low population density and island , cross-border and mountain regions;


### c. whereas promoting gender equality is important to reduce regional economic and social disparities and for ensuring the long-term sustainable development of regions; ### c. whereas promoting gender equality is key to reducing regional economic and social disparities and ensures the long-term sustainable development of regions;


### c. whereas the full economic , employment and social consequences of the pandemic are still unknown; whereas preliminary studies suggest that the covid-19 pandemic has exacerbated existing inequalities , which cohesion policy should take into account; ### c. whereas the full economic , employment and social consequences of the pandemic are still unknown; whereas preliminary studies suggest that the covid-19 pandemic has exacerbated existing inequalities between men and women such as an increase in unpaid care work and an increase of gender-based violence , which cohesion policy should take into account; whereas there is a risk that the countries most affected by the covid-19 crisis will suffer from budgetary constraints , which can impact public expenditure in public policies aimed at reducing gender discrimination and gender violence and the allocation of funding of the public bodies responsible for the implementation of gender equality policies , such as public agencies , ngos and third-sector organisations promoting gender equality measures;


### e. whereas gender-disaggregated data and the adoption of appropriate selection procedures are considered useful for promoting gender equality; ### e. whereas gender-disaggregated data and the adoption of appropriate selection procedures are considered essential for promoting gender equality;


### g. whereas preliminary studies suggest that the covid-19 pandemic has exacerbated existing inequalities , by disproportionately impacting women and marginalised groups; ### g. whereas the full economic , employment and social consequences of the pandemic are still unknown; whereas preliminary studies suggest that the covid-19 pandemic has exacerbated existing inequalities between men and women , including an increase in unpaid care work and an increase in gender-based violence , whereas the public health crisis has a disproportionate impact on women and girls and in particular women and girls from marginalised groups , which cohesion policy should take into account;


### 1. calls on the commission and the member states to step up their efforts to promote gender equality and non-discrimination in cohesion policy through effective gender mainstreaming in all phases of the policy cycle , showing strong political commitment at eu , national and regional level; encourages close cooperation with the european institute for gender equality (eige) in that regard , providing high-quality research and data to support better-informed and evidence-based decision-making by policymakers and other key stakeholders working to enhance equality between women and men; stresses that knowledge sharing by the eu institutions and agencies and support for capacity building is key to preventing high administrative costs and an unnecessary increase in bureaucracy; ### 1. calls on the commission and the member states to step up their efforts to promote gender equality and non-discrimination in cohesion policy through effective gender mainstreaming in all phases of the policy cycle , showing strong political commitment at eu , national and regional level and to encourage the use of ex ante gender conditionalities; encourages close cooperation with the european institute for gender equality (eige) and national gender institutes and equality bodies in that regard , providing high-quality research and data to support better-informed and evidence-based decision-making by policymakers and other key stakeholders working to enhance equality between women and men; stresses that knowledge sharing by the eu institutions and agencies and support for capacity building is key to preventing high administrative costs and an unnecessary increase in bureaucracy; encourages the use of common output and result indicators in the different member states , and the use of gender disaggregated and gender specific data , to measure gender inequalities on social and economic dimensions , to ensure the gender perspective in the evaluation criteria , implementation and monitoring systems of the funds;


### 2. calls on the commission to raise awareness of the need for gender equality and to develop and provide specific tools and guidelines to help the member states integrate a gender perspective at the implementation and monitoring stage; stresses the importance of gender mainstreaming training for the officials managing the cohesion policy funds; ### 2. calls on the commission , member states , and regional and local authorities to raise awareness of the need for gender equality and to develop and provide specific tools and guidelines to help the member states integrate a gender perspective at the design , implementation and monitoring stage; stresses the importance of linking national gender equality strategies to cohesion policy , as esi funds are a key instrument to promote structural changes in society; stresses the importance of gender mainstreaming training for the officials managing the cohesion policy funds;


### 3. calls on the member states and their respective authorities to share good practices in the application of gender mainstreaming through knowledge sharing , technical assistance , training and awareness raising; ### 3. encourages member states and the commission to ensure that equality between men and women and the integration of gender perspective is promoted in all the stages of the evaluation , implementation and monitoring of esi funds; calls on the commission , member states and managing authorities to share good practices in the application of gender mainstreaming through knowledge sharing , technical assistance , training and awareness raising;


### 6. emphasises the importance of a coordinated governance framework on gender equality , national guidelines and technical support , and stronger scrutiny at eu level after the adoption of operational programmes; ### 6. emphasises the importance of a coordinated governance framework on gender equality , national guidelines and technical support for gender impact monitoring , available in the official eu languages , as well as stronger scrutiny at eu level after the adoption of operational programmes;


### 9. encourages the member states to coordinate closely with local and regional authorities and civil society partners , in particular in the framework of the partnership agreement and when drafting the partnership principle , to take into account challenges related to effective equality policies at local and regional level; ### 9. calls on the member states to coordinate closely with local and regional authorities and civil society partners , in particular in the framework of the partnership agreement and when drafting the partnership principle , to take into account challenges related to effective equality policies at local and regional level;


### 12. recognises the burden placed on women as principal caregivers in formal and informal settings , as well as its social value , especially during the covid-19 crisis; therefore points out the crucial role of cohesion policy in securing investments in care services , to improve working conditions in this sector and to support a transition towards a care economy; ### 12. recognises the burden placed on women as principal caregivers in formal and informal settings , as well as its social value , especially during the covid-19 crisis; whereas 80% of all care provided across the eu is provided by (unpaid) informal carers , 75% of whom are women; therefore points out the crucial role of cohesion policy in securing investments in care services , to improve working conditions in this sector and to support a transition towards a care economy;


### 13. stresses that cohesion policy needs to support equal access to training for women in order to bridge the digital gender gap and to support the green and digital transitions; ### 13. recognizes that innovation is a key element to boost growth and jobs in europe and tailor-made strategies can enable each region to identify and develop its own competitive advantages; stresses that cohesion policy needs to support equal access to training for women in order to bridge the digital gender gap and to support the green and digital transitions;


### 16. calls for compulsory requirements on gender equality objectives to be introduced in all post-2020 operational programmes , with specific and interdisciplinary measures to be translated into all operations; ### 16. calls for compulsory requirements on gender equality objectives to be introduced in all post-2020 operational programmes , with specific and interdisciplinary measures to be translated into all operations; furthermore , equality between men and women , gender mainstreaming and the integration of gender perspective should be taken into account and promoted throughout the implementation of operational programmes;


### 17. strongly supports the ex ante requirement of developing a national gender equality strategy to underpin cohesion policy interventions; ### 17. strongly supports the ex ante requirement of developing a national gender equality strategy to underpin cohesion policy interventions in order to improve its effectiveness and value added in relation to gender equality; calls on the member states to set up binding national gender equality strategies;


### 18. stresses the importance of partnerships with gender equality bodies and their involvement in all programme phases; believes that all bodies created in the area of cohesion policy should be gender balanced; ### 18. stresses the importance of partnerships with gender equality bodies and their involvement in all programme phases , in order to guarantee a better alignment between the implemented actions and the needs of women by consolidating institutional framework and strengthening the gender equality coordination and support bodies in all the policy domains; therefore believes that all bodies created in the area of cohesion policy should be gender balanced;


### 19. underlines that a gender impact assessment should be a mandatory part of member states’ evaluations on how the funds are spent and whether compliance with gender equality targets is respected; ### 19. calls for the introduction of a mandatory gender impact assessment as part of the member states’ evaluations in connection with the promotion of equality between women and men. it should be monitored how the funds are spent and whether the implemented programmes have a human rights , women’s rights-based approach;


### 19. underlines that a gender impact assessment should be a mandatory part of member states’ evaluations on how the funds are spent and whether compliance with gender equality targets is respected; ### 19. underlines that a gender impact assessment could be part of member states’ evaluations on how the funds are spent and whether compliance with gender equality targets is respected;


### (1) the commission adopted a communication on the european green deal on 11 december 20199 , drawing its roadmap towards a new growth policy for europe and setting ambitious objectives to counter climate change and for environmental protection. in line with the objective to achieve climate neutrality in the union by 2050 in an effective and fair manner , the european green deal announced a just transition mechanism to provide means for facing the climate challenge while leaving no one behind. the most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. at the same time , managing the transition requires significant structural changes. ### (1) the commission adopted a communication on the european green deal on 11 december 20199 , drawing its roadmap towards a new growth policy for europe and setting ambitious objectives to counter climate change and for environmental protection. in line with the objective to achieve the union's 2030 climate and energy targets , and climate neutrality by 2050 in an effective and fair manner , the european green deal announced a just transition mechanism to provide means for facing the climate challenge while leaving no one behind. the most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. at the same time , managing the transition requires significant structural changes.


### (1) the commission adopted a communication on the european green deal on 11 december 20199 , drawing its roadmap towards a new growth policy for europe and setting ambitious objectives to counter climate change and for environmental protection. in line with the objective to achieve climate neutrality in the union by 2050 in an effective and fair manner , the european green deal announced a just transition mechanism to provide means for facing the climate challenge while leaving no one behind. the most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. at the same time , managing the transition requires significant structural changes. ### (1) the commission adopted a communication on the european green deal on 11 december 20199 , drawing its roadmap towards a new growth policy for europe and setting ambitious objectives to counter climate change and for environmental protection. in line with the objective to achieve the union's 2030 climate and energy targets , and climate neutrality in the union by 2050 in an effective and fair manner , the european green deal announced a just transition mechanism to provide means for facing the climate challenge while leaving no one behind. the most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. at the same time , managing the transition requires significant structural changes.


### (1) the commission adopted a communication on the european green deal on 11 december 20199 , drawing its roadmap towards a new growth policy for europe and setting ambitious objectives to counter climate change and for environmental protection. in line with the objective to achieve climate neutrality in the union by 2050 in an effective and fair manner , the european green deal announced a just transition mechanism to provide means for facing the climate challenge while leaving no one behind. the most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. at the same time , managing the transition requires significant structural changes. ### (1) the commission adopted a communication on the european green deal on 11 december 20199 , drawing its roadmap towards a new growth policy for europe and setting ambitious objectives to counter climate change and for environmental protection. in line with the objective to achieve the union's 2030 targets for climate and energy , as established in regulation (eu)…/… of the european parliament and the council [establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999 (european climate law)] , and climate neutrality in the union by 2050 in an effective and fair manner , the european green deal announced a just transition mechanism to provide means for facing the climate challenge while leaving no one behind. the most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. at the same time , managing the transition requires significant structural changes.


### (3) the proposal for establishing the just transition fund was adopted by the commission on 14 january 202011 . for the better programming and implementation of the fund , territorial just transition plans are to be adopted , setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy and with less capacity to deal with the transition challenges. ### (3) the proposal for establishing the just transition fund was adopted by the commission on 14 january 202011 . for the better programming and implementation of the fund , territorial just transition plans are to be adopted , setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy by 2050 and with less capacity to deal with the transition challenges.


### (4) a public sector loan facility (the ‘facility’) should be provided. it constitutes the third pillar of the just transition mechanism , supporting public sector entities in their investments. such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the commission. the activities envisaged for support should be consistent with and complement those supported under the other two pillars of the just transition mechanism. ### (4) a public sector loan facility (the ‘facility’) should be provided. it constitutes the third pillar of the just transition mechanism , supporting public sector entities in their investments. such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the commission and should support the overarching objectives of the european green deal , in particular the “do not significant harm" principle referred to in regulation (eu) 2020/852 of the european parliament and of the council1a , and be in line with the framework for sustainable activities set out in eu taxonomy established by that regulation. the activities envisaged for support should be consistent with and complement those supported under the other two pillars of the just transition mechanism , in order to ensure that all three pillars are working towards the same objectives and should not crowd out private sector investment that will be facilitated through the just transition mechanism.


### (4) a public sector loan facility (the ‘facility’) should be provided. it constitutes the third pillar of the just transition mechanism , supporting public sector entities in their investments. such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the commission. the activities envisaged for support should be consistent with and complement those supported under the other two pillars of the just transition mechanism. ### (4) a public sector loan facility (the ‘facility’) should be provided. it constitutes the third pillar of the just transition mechanism , supporting public sector entities in their investments. such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the commission. the activities envisaged for support should be consistent with and complement those supported under the other two pillars of the just transition mechanism. the sectors or regions that are particularly affected by climate transition , but not specifically targeted under the first pillar , can also benefit from the facility.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification and modernisation of territories most negatively impacted by the climate transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards the union’s 2030 climate and energy targets , and a climate neutral economy by 2050 , as described in the territorial just transition plans. the investments supported may cover technology and infrastructures for clean , affordable and renewable energy and environmentally-friendly and decarbonised transport , district heating networks , green , smart and sustainable mobility , investments in research and innovation activities , including in universities and public research institutions , fostering the transfer of advanced and market-ready technologies , investments in digitalisation , digital innovation and digital connectivity , including digital and precision farming , smart waste management , greenhouse gas emission reduction , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination when the “polluters pays” principle cannot be applied , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. relevant local and regional authorities , economic and social partners and civil society of the territories concerned should be involved in the process of identification of the investments supported by the facility in accordance with the partnership principle laid down in article 6 of regulation (eu) … /… [new cpr]. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities should be used.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification and modernisation of territories most negatively impacted by the transition to a climate-neutral economy , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards the union’s 2030 climate and energy targets , and a climate neutral economy by 2050 , as described in the territorial just transition plans. the investments supported may cover sustainable technology and infrastructures for clean , affordable and renewable energy and environmentally-friendly and decarbonised transport , district heating networks , green , smart and sustainable mobility , investments in research and innovation activities , including in universities and public research institutions , fostering the transfer of advanced and market-ready technologies , investments in digitalisation , smart waste management , greenhouse gas emission reduction , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination when the “polluters pays” principle cannot be applied , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities shall be used.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral and circular economy , as described in the territorial just transition plans. the investments supported may cover low carbon energy and transport infrastructure , district heating networks , green mobility , smart waste and water management and infrastructure , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans and directly benefit the communities in the affected regions and reduce the socio-economic costs of the transition towards a climate-neutral europe by 2050. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities shall be used and the "do not significant harm" principle referred to in regulation (eu) 2020/852 adhered to.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards the union’s 2030 targets for climate and energy , as established in regulation (eu)…/… of the european parliament and the council[establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999 (european climate law)] and a climate- and carbon neutral economy by 2050 as described in the territorial just transition plans. the investments supported may cover clean technology and infrastructure including renewable energy , supply of renewables-based hydrogen and hydrogen-based fuels and the decarbonisation of the transport , industry and building stock , sustainable district heating networks , green and sustainable mobility , investments in research and innovation activities , including in universities and public research institutions , fostering the transfer of advanced and market-ready technologies , investments in digitalisation , digital innovation and digital connectivity , including digital and precision farming , smart waste management , clean and safe water , clean energy and energy efficiency and integration measures including renovations and conversions of buildings , carbon capture and storage utilisation , support to transition to a circular economy , land restoration and decontamination , unless falling under the scope of liabilities for environmental damage in accordance with the polluter pays principle referred to in article 191 tfeu , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters and changing weather conditions caused by climate change. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training , creation of jobs and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition.


### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the eu taxonomy on environmentally sustainable economic activities may be used. ### (5) in order to enhance the economic diversification of territories impacted by the transition , the facility should cover a wide range of investments , on condition that they contribute to meet the development needs in the transition towards a climate neutral economy , as described in the territorial just transition plans. the investments supported may cover for example energy and transport infrastructure , district heating networks , green mobility , smart waste management , clean energy and energy efficiency measures including renovations and conversions of buildings , support to transition to a circular economy , land restoration and decontamination , as well as up- and re-skilling , training and social infrastructure , including social housing. infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. comprehensive investment approach should be favoured in particular for territories with important transition needs. investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. by supporting investments that do not generate sufficient revenues , the facility aims at providing public sector entities with additional resources necessary to address the social , economic and environmental challenges resulting from the adjustment to climate transition. in order to help identify investments with a high positive environmental impact eligible under the facility , the criteria of conformity to the union’s 2030 target for climate and climate-neutral economy by 2050 may be used.


### (6) horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation. these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors. rules adopted on the basis of article 322 tfeu also concern the protection of the union's budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding. ### (6) horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation. these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors. rules adopted on the basis of article 322 tfeu also concern the protection of the union's budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding. however , the protection of final beneficiaries is crucial to ensure the effectiveness of the investments supported by the facility. local and regional authorities cannot lose their funding as a consequence of generalised deficiencies as regards the rule of law in the member states. if necessary , the commission , in agreement with the european parliament and the council , should temporarily manage funds with the recipients without the involvement of national governments violating the rule of law.


### (6) horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation. these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors. rules adopted on the basis of article 322 tfeu also concern the protection of the union's budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding. ### (6) horizontal financial rules adopted by the european parliament and the council on the basis of article 322 of the treaty on the functioning of the european union apply to this regulation. these rules are laid down in the financial regulation and determine in particular the procedure for establishing and implementing the budget through grants , procurement , prizes , indirect implementation , and provide for checks on the responsibility of financial actors. rules adopted on the basis of article 322 tfeu also concern the protection of the union's budget in case of generalised deficiencies as regards the rule of law in the member states , as the respect for the rule of law is an essential precondition for sound financial management and effective eu funding. however , the protection of final beneficiaries is crucial to ensure the effectiveness of the investments supported by the facility. local and regional authorities cannot lose their funding as a consequence of generalised deficiencies as regards the rule of law in the member states. if necessary , the european commission , on agreement with the european parliament and the council , should temporarily manage funds with the recipients without the involvement of national governments violating the rule of law.


### (12) resources for advisory support should also be provided for in order to promote the preparation , development and implementation of projects. ### (12) resources for advisory support should also be provided for in order to promote the preparation , development and implementation of projects , including at the application stage.


### (14) specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plans , the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. union support established by this regulation should thus only be made available to member states with at least one territorial just transition plan adopted. the work programme and calls for proposals will also take into account the territorial just transition plans submitted by member states to ensure that coherence and consistency across the different pillars of the mechanism is ensured. ### (14) specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. those eligibility conditions and award criteria should take into account the relevant criteria established by regulation (eu) … /... of the european parliament and the council [regulation on establishment of a framework to facilitate sustainable investment] , the ability of the project to meet the objectives and development needs described in the territorial just transition plans , the contribution to the achievement of the union’s 2030 climate and energy targets , and climate neutrality by 2050 , the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. the commission should ensure that gender equality and the integration of gender perspective are taken into account and promoted in the work programme. union support established by this regulation should thus only be made available to member states with at least one territorial just transition plan adopted. the work programme and calls for proposals will also take into account the territorial just transition plans submitted by member states to ensure that coherence and consistency across the different pillars of the mechanism is ensured.


### (14) specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plans , the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. union support established by this regulation should thus only be made available to member states with at least one territorial just transition plan adopted. the work programme and calls for proposals will also take into account the territorial just transition plans submitted by member states to ensure that coherence and consistency across the different pillars of the mechanism is ensured. ### (14) specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. those eligibility conditions and award criteria shall take into account the relevant criteria established by regulation (eu) … /... of the european parliament and the council [regulation on establishment of a framework to facilitate sustainable investment] , the ability of the project to meet the objectives and development needs described in the territorial just transition plans , the contribution to the achievement of the union’s 2030 climate and energy targets , and climate neutrality by 2050 , the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. the commission shall ensure that gender equality and the integration of gender perspective are taken into account and promoted in the work programme. union support established by this regulation should thus only be made available to member states with at least one territorial just transition plan adopted. the work programme and calls for proposals will also take into account the territorial just transition plans submitted by member states to ensure that coherence and consistency across the different pillars of the mechanism is ensured.


### (14) specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plans , the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. union support established by this regulation should thus only be made available to member states with at least one territorial just transition plan adopted. the work programme and calls for proposals will also take into account the territorial just transition plans submitted by member states to ensure that coherence and consistency across the different pillars of the mechanism is ensured. ### (14) specific eligibility conditions and award criteria , in case demand exceeds funding resources under national allocations , should be set out in the work programme and the call for proposals. those eligibility conditions and prioritisation criteria should take into account the relevant criteria established by regulation (eu)…/… of the european parliament and the council [regulation on establishment of a framework to facilitate sustainable investment] the ability of the project to meet the objectives and the development needs described in the territorial just transition plans , the contribution to the climate transition , the cost effectiveness of the project , the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. union support established by this regulation should thus only be made available to member states with at least one territorial just transition plan adopted. the work programme and calls for proposals will also take into account the territorial just transition plans submitted by member states to ensure that coherence and consistency across the different pillars of the mechanism is ensured.


### (16) since the grant component should reflect the divergent development needs of regions across member states , such support should be modulated. taking into account that public sector entities in less developed regions , as defined in article 102(2) of regulation [new cpr] , generally experience lower public investment capacity , the grant rates applied to loans provided to such entities should be comparatively higher. ### (16) since the grant component should reflect the divergent development needs of regions across member states , such support should be modulated. taking into account that public sector entities in less developed regions , as defined in article 102(2) of regulation [new cpr] , in the outermost regions , as defined in article 349 tfeu , and in rural , sparsely populated and depopulated areas generally experience lower public investment capacity , the grant rates applied to loans provided to such entities should be comparatively higher.


### (18) in order to speed up implementation and ensure that resources are used in a timely fashion , this regulation should lay down specific safeguards to be included in the grant agreements. in view of that objective , the commission , in line with the principle of proportionality , should be able to reduce or terminate any union support in case of serious lack of progress in the implementation of the project. the financial regulation lays down rules on the implementation of the union budget. in order to ensure coherence in the implementation of union funding programmes , the financial regulation should apply to the grant component and to resources for advisory support provided under this facility. ### (18) in order to speed up implementation and ensure that resources are used in a timely fashion , this regulation should lay down specific safeguards to be included in the grant agreements. in view of that objective , the commission , in line with the principle of proportionality , should be able to reduce or terminate any union support in case of serious lack of progress in the implementation of the project. the commission , after notifying the member state of the reduction or termination of union support , should communicate to the council and the european parliament the reasons for the reduction or termination. the financial regulation lays down rules on the implementation of the union budget. in order to ensure coherence in the implementation of union funding programmes , the financial regulation should apply to the grant component and to resources for advisory support provided under this facility.


### (19) in accordance with the financial regulation and regulation (eu , euratom) no 883/2013 of the european parliament and of the council and council regulations (euratom , ec) no 2988/95 , (euratom , ec) no 2185/96 and (eu) 2017/1939 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities , including fraud , the recovery of funds lost , wrongly paid or incorrectly used , and , where appropriate , the imposition of administrative penalties. in particular , in accordance with regulations (euratom , ec) no 2185/96 and (eu , euratom) no 883/2013 , the european anti-fraud office (olaf) may carry out administrative investigations , including on-the-spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union. in accordance with regulation (eu) 2017/1939 , the european public prosecutor's office (eppo) may investigate and prosecute offences against the financial interests of the union , as provided for in directive (eu) 2017/1371 of the european parliament and of the council. in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the financial interests of the union , grant the necessary rights and access to the commission , olaf , the eppo in respect of those member states participating in enhanced cooperation pursuant to regulation (eu) 2017/1939 , and the european court of auditors (eca) , and ensure that any third parties involved in the implementation of union funds grant equivalent rights. ### (19) in accordance with the financial regulation and regulation (eu , euratom) no 883/2013 of the european parliament and of the council and council regulations (euratom , ec) no 2988/95 , (euratom , ec) no 2185/96 and (eu) 2017/1939 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities , including fraud , the recovery of funds lost , wrongly paid or incorrectly used , and , where appropriate , the imposition of administrative penalties. any irregularities identified should be communicated to the council and the european parliament. in particular , in accordance with regulations (euratom , ec) no 2185/96 and (eu , euratom) no 883/2013 , the european anti-fraud office (olaf) may carry out administrative investigations , including on-the-spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union. in accordance with regulation (eu) 2017/1939 , the european public prosecutor's office (eppo) may investigate and prosecute offences against the financial interests of the union , as provided for in directive (eu) 2017/1371 of the european parliament and of the council. in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the financial interests of the union , grant the necessary rights and access to the commission , olaf , the eppo in respect of those member states participating in enhanced cooperation pursuant to regulation (eu) 2017/1939 , and the european court of auditors (eca) , and ensure that any third parties involved in the implementation of union funds grant equivalent rights.


### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the union by 2050. ### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards the union's 2030 climate and energy targets , and a climate-neutral economy by 2050.


### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the union by 2050. ### the facility shall provide support benefitting union territories facing serious social , economic challenges deriving from the transition process towards the union's 2030 targets for climate and energy , as established in [regulation (eu) 2020/xxx establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999("european climate law")] and a climate neutral economy by 2050.


### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the union by 2050. ### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards a climate-neutral and circular economy of the union by 2050 at the latest.


### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the union by 2050. ### the facility shall provide support benefitting union territories facing serious social , environmental and economic challenges deriving from the transition process towards the union's 2030 targets for climate and energy , as established in regulation (eu)…/… of the european parliament and the council [establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999 (european climate law)] , and a climate- and carbon neutral economy in the union by 2050.


### 5. 'territorial just transition plan' means a plan established in accordance with article 7 of regulation [jtf regulation] and approved by the commission; ### 5. 'territorial just transition plan' means a plan established in accordance with article 7 of regulation [jtf regulation] , together with the relevant local and regional authorities of the territories concerned and in accordance with the partnership principle laid down in article 6 of regulation (eu) … /… [new cpr] , and approved by the commission;


### 1. the general objective of the facility is to address serious socio-economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the union territories identified in the territorial just transition plans prepared by the member states in accordance with article 7 of regulation [jtf regulation]. ### 1. the general objective of the facility is to address serious socio-economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the union territories identified in the territorial just transition plans prepared by the member states in accordance with article 7 of regulation [jtf regulation] and to contribute to achieve the union’s 2030 climate and energy targets , and climate neutrality by 2050 , in line with paris agreement objectives.


### 1. the general objective of the facility is to address serious socio-economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the union territories identified in the territorial just transition plans prepared by the member states in accordance with article 7 of regulation [jtf regulation]. ### 1. the general objective of the facility is to address serious socio-economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the union territories identified in the territorial just transition plans prepared by the member states in accordance with article 7 of regulation [jtf regulation] and to contribute to the european green deals objectives , in particular the transition towards a climate-neutral economy by 2050.


### 1. the general objective of the facility is to address serious socio-economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the union territories identified in the territorial just transition plans prepared by the member states in accordance with article 7 of regulation [jtf regulation]. ### 1. the general objective of the facility is to address serious socio-economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the union territories identified in the territorial just transition plans prepared by the member states in accordance with article 7 of regulation [jtf regulation] and to contribute to the eu policy objectives , in particular the union's 2030 targets for climate and energy , as established in regulation (eu)…/… of the european parliament and the council [establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999 (european climate law)] , the transition towards a climate-neutral economy in the union by 2050 , in line with the paris agreement objectives and responding the need to strengthen competitiveness. it should be in line with the regulation [regulation on the protection of the union's budget in case of generalised deficiencies as regards the rule of law in the member states]


### 2. the facility shall have the specific objective of increasing public sector investments , which address the development needs of regions identified in the territorial just transition plans , by facilitating the financing of projects that do not generate a sufficient stream of own revenues and would not be financed without the element of grant support from the union budget. ### 2. the facility shall have the specific objective of increasing public sector investments , which address the development needs of regions identified in the territorial just transition plans , by facilitating the financing of projects that do not generate a sufficient stream of own revenues.


### 3. in pursuing the achievement of the specific objective referred to in paragraph 2 , this regulation also aims at providing advisory support for the preparation , development , and implementation of eligible projects where necessary. that advisory support shall be provided in accordance with the rules and implementation methods for the investeu advisory hub established by article [20] of regulation [investeu regulation]. ### 3. in pursuing the achievement of the specific objective referred to in paragraph 2 , this regulation also aims at providing advisory support for the preparation , development , and implementation of eligible projects where necessary , including at the project application stage. that advisory support shall be provided in accordance with the rules and implementation methods for the investeu advisory hub established by article [20] of regulation [investeu regulation].


### 5. an amount up to 2% of the resources referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the facility such as preparatory , monitoring , control , audit and evaluation activities including corporate information and technology systems , as well as administrative expenditure and fees of the finance partners. ### 5. an amount up to 2% of the resources referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the facility such as preparatory , monitoring , control , audit and evaluation activities including corporate information and technology systems , as well as administrative expenditure and fees of the finance partners. higher amounts of technical and administrative assistance can be made available upon request to beneficiaries who have lower administrative capacities in terms of technological equipment , staff and infrastructure.


### 2. for grants awarded pursuant to calls for proposals launched no later than 31 december 2024 , union support awarded to eligible projects in a member state shall not exceed the national shares set out in the decision to be adopted by the commission pursuant to paragraph 4. ### 2. for grants awarded pursuant to calls for proposals launched no later than 31 december 2027 , union support awarded to eligible projects in a member state shall not exceed the national shares set out in the decision to be adopted by the commission pursuant to paragraph 4.


### 4. the commission shall adopt a decision by means of an implementing act setting out the respective shares for each member state resulting from the application of the methodology set out in annex i of regulation [jtf regulation] in the form of percentages of the total available resources. ### 4. the commission shall be empowered to adopt a delegated act in accordance with article 17 setting out the respective shares for each member state resulting from the application of the methodology set out in annex i of regulation [jtf regulation] in the form of percentages of the total available resources.


### 4. the commission shall adopt a decision by means of an implementing act setting out the respective shares for each member state resulting from the application of the methodology set out in annex i of regulation [jtf regulation] in the form of percentages of the total available resources. ### 4. the commission shall adopt a delegated act setting out the respective shares for each member state resulting from the application of the methodology set out in annex i of regulation [jtf regulation] in the form of percentages of the total available resources.


### 4. the commission shall adopt a decision by means of an implementing act setting out the respective shares for each member state resulting from the application of the methodology set out in annex i of regulation [jtf regulation] in the form of percentages of the total available resources. ### 4. the commission shall adopt a decision by means of an delegated act setting out the respective shares for each member state resulting from the application of the methodology set out in annex i of regulation [jtf regulation] in the form of percentages of the total available resources.


### the projects achieve measurable impact in addressing serious social , economic or environmental challenges deriving from the transition process towards a climate-neutral economy and benefit territories identified in a territorial just transition plan , even if they are not located in those territories; ### the projects achieve measurable impact in addressing serious social , economic or environmental challenges deriving from the transition process towards a climate-neutral economy , contribute to achieve the union’s 2030 climate and energy targets , and climate neutrality by 2050 , and benefit territories identified in a territorial just transition plan , even if they are not located in those territories;


### the projects achieve measurable impact in addressing serious social , economic or environmental challenges deriving from the transition process towards a climate-neutral economy and benefit territories identified in a territorial just transition plan , even if they are not located in those territories; ### the projects achieve measurable impact in addressing serious social , economic challenges deriving from the transition process towards the union's 2030 targets for climate and energy , as established in [regulation (eu) 2020/xxx establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999("european climate law")] , and a climate neutral economy by 2050 , are in line with regulation (eu) 2020/852 , and benefit territories identified in a territorial just transition plan , even if they are not located in those territories;


### the projects achieve measurable impact in addressing serious social , economic or environmental challenges deriving from the transition process towards a climate-neutral economy and benefit territories identified in a territorial just transition plan , even if they are not located in those territories; ### the projects achieve measurable impact in addressing serious social , economic or environmental challenges deriving from the transition process towards a climate-neutral and circular economy , are in line with the eu taxonomy established by regulation (eu) 2020/852 and the "do not significant harm" principle referred to in that regulation and benefit territories identified in a territorial just transition plan , even if they are not located in those territories;