# Official Journal C 476/2022

| | ISSN 1977-091X |
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| Official Journal
  of the European Union | C 476 |
| | |
| English edition | Information and Notices | Volume 6515 December 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 476

English edition

Information and Notices

Volume 6515 December 2022

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| Contents | page |
| --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RECOMMENDATIONS |
| | Council |
| 2022/C 476/01 | Council Recommendation of 8 December 2022 on access to affordable high-quality long-term care | 1 |

Contents

page

I   Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

2022/C 476/01

Council Recommendation of 8 December 2022 on access to affordable high-quality long-term care

1

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| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 476/02 | Non-opposition to a notified concentration (Case M.10619 – SNAM / ENI / JV) (
  1
  ) | 12 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 476/02

Non-opposition to a notified concentration (Case M.10619 – SNAM / ENI / JV) (
  1
  )

1

12

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| | III   Preparatory acts |
| --- | --- |
| | COUNCIL |
| 2022/C 476/03 | Position (EU) No 4/2022 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +) Adopted by the Council on 10 December 2022 | 13 |
| 2022/C 476/04 | Statement of the Council’s reasons: Position (EU) No 4/2022 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +) | 27 |

III   Preparatory acts

COUNCIL

2022/C 476/03

Position (EU) No 4/2022 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +) Adopted by the Council on 10 December 2022

13

2022/C 476/04

Statement of the Council’s reasons: Position (EU) No 4/2022 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +)

27

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 476/05 | Euro exchange rates – 14 December 2022 | 29 |
| | Court of Auditors |
| 2022/C 476/06 | Special report 28/2022: – Support to mitigate Unemployment Risks in an Emergency (SURE) | 30 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2022/C 476/07 | EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 September 2022 –
  Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 | 31 |
| 2022/C 476/08 | State aid – Decision to raise no objections | 32 |
| 2022/C 476/09 | State aid – Decision recording the acceptance of appropriate measures pursuant to Article 1(1) of Part I and Article 19(1) of Part II of Protocol 3 to the Surveillance and Court Agreement proposed in the context of the adoption of new Guidelines on State aid to promote risk finance investments | 33 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 476/05

Euro exchange rates – 14 December 2022

29

Court of Auditors

2022/C 476/06

Special report 28/2022: – Support to mitigate Unemployment Risks in an Emergency (SURE)

30

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2022/C 476/07

EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 September 2022 –
  Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004

Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004

31

2022/C 476/08

State aid – Decision to raise no objections

32

2022/C 476/09

State aid – Decision recording the acceptance of appropriate measures pursuant to Article 1(1) of Part I and Article 19(1) of Part II of Protocol 3 to the Surveillance and Court Agreement proposed in the context of the adoption of new Guidelines on State aid to promote risk finance investments

33

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
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EN

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I Resolutions, recommendations and opinions

RECOMMENDATIONS

Council

| 15.12.2022 | EN | Official Journal of the European Union | C 476/1 |
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15.12.2022

EN

Official Journal of the European Union

C 476/1

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COUNCIL RECOMMENDATION

of 8 December 2022

on access to affordable high-quality long-term care

(2022/C 476/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292, in conjunction with Article 153(1), point (k), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Accessible, affordable and high-quality long-term care allows people in need of care to maintain autonomy for as long as possible and live in dignity. It helps to protect human rights, promote social progress and solidarity between generations, combat social exclusion and discrimination and can contribute to the creation of jobs. |
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(1)

Accessible, affordable and high-quality long-term care allows people in need of care to maintain autonomy for as long as possible and live in dignity. It helps to protect human rights, promote social progress and solidarity between generations, combat social exclusion and discrimination and can contribute to the creation of jobs.

| (2) | In November 2017, the European Parliament, the Council and the Commission proclaimed the European Pillar of Social Rights (1), setting out 20 principles to support well-functioning and fair labour markets and welfare systems. Principle 2 promotes gender equality by fostering equality of treatment and opportunities between women and men in all areas. Principle 9 promotes the right to work-life balance for people with caring responsibilities. Principle 10 emphasises workers’ rights to a high level of protection of their health and safety at work. Principle 17 recognises the right of people with disabilities to inclusion, in particular to services that enable them to participate in the labour market and in society. Principle 18 on long-term care states that everyone has the right to affordable long-term care services of good quality, in particular home care and community-based services. |
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(2)

In November 2017, the European Parliament, the Council and the Commission proclaimed the European Pillar of Social Rights (1), setting out 20 principles to support well-functioning and fair labour markets and welfare systems. Principle 2 promotes gender equality by fostering equality of treatment and opportunities between women and men in all areas. Principle 9 promotes the right to work-life balance for people with caring responsibilities. Principle 10 emphasises workers’ rights to a high level of protection of their health and safety at work. Principle 17 recognises the right of people with disabilities to inclusion, in particular to services that enable them to participate in the labour market and in society. Principle 18 on long-term care states that everyone has the right to affordable long-term care services of good quality, in particular home care and community-based services.

| (3) | Long-term care services organised by public authorities, at national, regional or local levels, are primarily considered social services of general interest as they have a clear social function. They facilitate social inclusion and safeguard fundamental rights of all people in need of care, including older people. |
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(3)

Long-term care services organised by public authorities, at national, regional or local levels, are primarily considered social services of general interest as they have a clear social function. They facilitate social inclusion and safeguard fundamental rights of all people in need of care, including older people.

| (4) | Most carers are women according to the ‘2021 Long-term care report: trends, challenges and opportunities in an ageing society’ of the European Commission and the Social Protection Committee (2) (the ‘2021 Long-term care report’). The gender-based gap in the distribution of care work is one of the key drivers of gender inequality in the labour market. Women, on average, have lower incomes, including pensions, and are potentially less able to afford care, while at the same time living longer than men and thus being more in need of long-term care and exposed to a higher risk of poverty and social exclusion throughout their life time. Adequate and affordable formal long-term care services together with policies to improve working conditions in the sector and to reconcile paid employment with caring responsibilities could therefore be beneficial to gender equality. |
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(4)

Most carers are women according to the ‘2021 Long-term care report: trends, challenges and opportunities in an ageing society’ of the European Commission and the Social Protection Committee (2) (the ‘2021 Long-term care report’). The gender-based gap in the distribution of care work is one of the key drivers of gender inequality in the labour market. Women, on average, have lower incomes, including pensions, and are potentially less able to afford care, while at the same time living longer than men and thus being more in need of long-term care and exposed to a higher risk of poverty and social exclusion throughout their life time. Adequate and affordable formal long-term care services together with policies to improve working conditions in the sector and to reconcile paid employment with caring responsibilities could therefore be beneficial to gender equality.

| (5) | This Recommendation promotes the application of Articles 21, 23, 24, 25, 26, 31, 33 and 34 of the Charter of Fundamental Rights of the European Union (3) covering non-discrimination, equality between women and men, the rights of the child, the rights of the elderly, integration of persons with disabilities, fair and just working conditions, and the rights to family and professional life and social security and social assistance. |
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(5)

This Recommendation promotes the application of Articles 21, 23, 24, 25, 26, 31, 33 and 34 of the Charter of Fundamental Rights of the European Union (3) covering non-discrimination, equality between women and men, the rights of the child, the rights of the elderly, integration of persons with disabilities, fair and just working conditions, and the rights to family and professional life and social security and social assistance.

| (6) | This Recommendation respects the United Nations Convention on the Rights of Persons with Disabilities, which recognises the equal right of all persons with disabilities to live independently in the community, with choices equal to others. |
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(6)

This Recommendation respects the United Nations Convention on the Rights of Persons with Disabilities, which recognises the equal right of all persons with disabilities to live independently in the community, with choices equal to others.

| (7) | The European Pillar of Social Rights action plan, adopted by the Commission on 4 March 2021, announced an initiative on long-term care with the aim of setting a framework for policy reforms to guide the development of sustainable long-term care that ensures better access to quality services for those in need, and encouraged Member States to invest in the health and care workforce, improving their working conditions and access to training. |
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(7)

The European Pillar of Social Rights action plan, adopted by the Commission on 4 March 2021, announced an initiative on long-term care with the aim of setting a framework for policy reforms to guide the development of sustainable long-term care that ensures better access to quality services for those in need, and encouraged Member States to invest in the health and care workforce, improving their working conditions and access to training.

| (8) | The 2021 Long-term care report highlights that the demand for high-quality long-term care is set to rise and that increasing its provision can contribute to gender equality and social fairness. That report identifies access, affordability, and quality as key challenges in long-term care, an appropriate workforce as key to meeting the rising demand for high-quality services, while highlighting that informal care often comes with neglected costs. |
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(8)

The 2021 Long-term care report highlights that the demand for high-quality long-term care is set to rise and that increasing its provision can contribute to gender equality and social fairness. That report identifies access, affordability, and quality as key challenges in long-term care, an appropriate workforce as key to meeting the rising demand for high-quality services, while highlighting that informal care often comes with neglected costs.

| (9) | Population ageing is expected to increase the demand for long-term care, as decline in functional ability and the need for long-term care are associated with older age. According to the 2021 Long-term care report, the number of people aged 65 or over is projected to increase by 41°% over the next 30 years, from 92,1 million in 2020 to 130,2 million in 2050, while the number of people aged 80 or over is projected to increase by 88 %, from 26,6 million in 2020 to 49,9 million in 2050. |
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(9)

Population ageing is expected to increase the demand for long-term care, as decline in functional ability and the need for long-term care are associated with older age. According to the 2021 Long-term care report, the number of people aged 65 or over is projected to increase by 41°% over the next 30 years, from 92,1 million in 2020 to 130,2 million in 2050, while the number of people aged 80 or over is projected to increase by 88 %, from 26,6 million in 2020 to 49,9 million in 2050.

| (10) | The COVID-19 pandemic has negatively affected long-term care systems and exacerbated many pre-existing structural weaknesses, in particular the lack of quality services and worker shortages, and highlighted the urgent need to strengthen the resilience of long-term care systems and to step up efforts to improve personal autonomy and facilitate independent living. |
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(10)

The COVID-19 pandemic has negatively affected long-term care systems and exacerbated many pre-existing structural weaknesses, in particular the lack of quality services and worker shortages, and highlighted the urgent need to strengthen the resilience of long-term care systems and to step up efforts to improve personal autonomy and facilitate independent living.

| (11) | According to the ‘2021 Ageing Report – Economic and Budgetary Projections for the EU Member States (2019-2070)’ of the European Commission and the Economic Policy Committee, there are marked variations across Member States in terms of the level of public funding for long-term care, with some countries investing less than 1 % of GDP, and some others spending more than 3°% of GDP. In 2019, public expenditure on long-term care amounted to 1.7°% of the Union’s GDP according to that report, which is less than the estimated value of hours of long-term care provided by informal carers, estimated to be around 2.5°% of the GDP of the Union (4). In Member States with low public expenditure on long-term care, use of formal long-term care services is more limited. The growing demand for long-term care increases pressure on public expenditure, while also calling for improving the cost-effectiveness of long-term care provision, for example, via health promotion and preventive policies, better integration and targeting of services, collecting data and evidence, and using new and digital technologies. Policies conducive to the sustainable funding of long-term care are important for the sustainability of public finances, particularly in the context of an ageing population and decreasing workforce in the Union. |
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(11)

According to the ‘2021 Ageing Report – Economic and Budgetary Projections for the EU Member States (2019-2070)’ of the European Commission and the Economic Policy Committee, there are marked variations across Member States in terms of the level of public funding for long-term care, with some countries investing less than 1 % of GDP, and some others spending more than 3°% of GDP. In 2019, public expenditure on long-term care amounted to 1.7°% of the Union’s GDP according to that report, which is less than the estimated value of hours of long-term care provided by informal carers, estimated to be around 2.5°% of the GDP of the Union (4). In Member States with low public expenditure on long-term care, use of formal long-term care services is more limited. The growing demand for long-term care increases pressure on public expenditure, while also calling for improving the cost-effectiveness of long-term care provision, for example, via health promotion and preventive policies, better integration and targeting of services, collecting data and evidence, and using new and digital technologies. Policies conducive to the sustainable funding of long-term care are important for the sustainability of public finances, particularly in the context of an ageing population and decreasing workforce in the Union.

| (12) | Relying heavily on informal care will not be sustainable and formal care needs and pressure on public budgets are expected to increase. |
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(12)

Relying heavily on informal care will not be sustainable and formal care needs and pressure on public budgets are expected to increase.

| (13) | Social protection coverage for long-term care is limited and costs often represent a serious barrier to accessing long-term care. For many households, financial reasons are at the top for not using, or not using more, professional home-care services. Without adequate social protection, the estimated total costs of long-term care can often exceed a person’s income. While arrangements of social protection vary across Member States, in some, public support is available only to a small proportion of people with long-term care needs. Even when available, social protection is often insufficient, as even after receiving support, on average, nearly half of older people with long-term care needs are estimated to be below the poverty threshold after meeting the out-of-pocket costs of home care. |
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(13)

Social protection coverage for long-term care is limited and costs often represent a serious barrier to accessing long-term care. For many households, financial reasons are at the top for not using, or not using more, professional home-care services. Without adequate social protection, the estimated total costs of long-term care can often exceed a person’s income. While arrangements of social protection vary across Member States, in some, public support is available only to a small proportion of people with long-term care needs. Even when available, social protection is often insufficient, as even after receiving support, on average, nearly half of older people with long-term care needs are estimated to be below the poverty threshold after meeting the out-of-pocket costs of home care.

| (14) | Many people cannot access the long-term care they need due to, among other reasons, an overall low offer of services and to the limited range of long-term care options and territorial gaps. In many Member States the choice of long-term care is limited. Where there is a choice, it is mainly between informal care, mostly provided by women, and residential care. The supply of home and community-based long-term care is still low. In addition, territorial disparities in long-term care provision makes equal access to long-term care difficult, especially in rural and depopulating areas. The choice is even more limited for persons with disabilities due to uneven accessibility of care services. While acknowledging the diversity of long-term care arrangements across the Member States, strong public networks of long-term care services providers, with adequate human and financial resources, can contribute to improving access to long-term care services. |
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(14)

Many people cannot access the long-term care they need due to, among other reasons, an overall low offer of services and to the limited range of long-term care options and territorial gaps. In many Member States the choice of long-term care is limited. Where there is a choice, it is mainly between informal care, mostly provided by women, and residential care. The supply of home and community-based long-term care is still low. In addition, territorial disparities in long-term care provision makes equal access to long-term care difficult, especially in rural and depopulating areas. The choice is even more limited for persons with disabilities due to uneven accessibility of care services. While acknowledging the diversity of long-term care arrangements across the Member States, strong public networks of long-term care services providers, with adequate human and financial resources, can contribute to improving access to long-term care services.

| (15) | In long-term care, quality depends on an effective quality assurance mechanism, which in many Member States is lacking or is under-resourced. Quality assurance is often insufficient in home and community-based care. While quality of residential care is more regulated, quality standards often focus on clinical outcomes and do not sufficiently address the quality of life of people receiving care and their ability to live independently. Even when quality standards are in place, their enforcement is not always effective, often due to an inadequate administrative set-up or lack of resources. Lack of high-quality standards applied strictly to both public and private care providers can lead to situations of neglect and abuse of care recipients and poor working conditions for carers A national quality framework for long-term care, adapted to national context and operational set ups, can help to address those challenges. Such a framework can be reflected into specific quality frameworks for various levels of provision and administration of long-term care or various care settings. |
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(15)

In long-term care, quality depends on an effective quality assurance mechanism, which in many Member States is lacking or is under-resourced. Quality assurance is often insufficient in home and community-based care. While quality of residential care is more regulated, quality standards often focus on clinical outcomes and do not sufficiently address the quality of life of people receiving care and their ability to live independently. Even when quality standards are in place, their enforcement is not always effective, often due to an inadequate administrative set-up or lack of resources. Lack of high-quality standards applied strictly to both public and private care providers can lead to situations of neglect and abuse of care recipients and poor working conditions for carers A national quality framework for long-term care, adapted to national context and operational set ups, can help to address those challenges. Such a framework can be reflected into specific quality frameworks for various levels of provision and administration of long-term care or various care settings.

| (16) | Long-term care has an important social value and job creation potential, but Member States struggle to attract and retain care workers inter alia due to inadequate skills, difficult working conditions and low wages. There are untapped opportunities to address workforce shortages in the sector. Such measures could include, according to national needs and circumstances, targeting part-time workers who want to increase their working hours, unemployed and inactive former carers, formal long-term care workers who want to delay their retirement and students. Without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of work, exploring legal and ethical migration pathways for long-term care workers could potentially contribute towards addressing workforce shortages. |
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(16)

Long-term care has an important social value and job creation potential, but Member States struggle to attract and retain care workers inter alia due to inadequate skills, difficult working conditions and low wages. There are untapped opportunities to address workforce shortages in the sector. Such measures could include, according to national needs and circumstances, targeting part-time workers who want to increase their working hours, unemployed and inactive former carers, formal long-term care workers who want to delay their retirement and students. Without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of work, exploring legal and ethical migration pathways for long-term care workers could potentially contribute towards addressing workforce shortages.

| (17) | The skills required in the care sector are increasingly complex. Skills are a combination of knowledge, ability and attitude that enable an individual to perform a task or an activity successfully within a given context. In addition to traditional skills and competences, carers often need to have technological expertise relating to the use of new technologies, digital skills and communication skills, often in a foreign language, and skills to handle complex needs and work in multidisciplinary teams. Without appropriate education and training policies, including on-the-job training, the skills requirements can act for many as a barrier to enter or progress further in the sector. |
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(17)

The skills required in the care sector are increasingly complex. Skills are a combination of knowledge, ability and attitude that enable an individual to perform a task or an activity successfully within a given context. In addition to traditional skills and competences, carers often need to have technological expertise relating to the use of new technologies, digital skills and communication skills, often in a foreign language, and skills to handle complex needs and work in multidisciplinary teams. Without appropriate education and training policies, including on-the-job training, the skills requirements can act for many as a barrier to enter or progress further in the sector.

| (18) | Professional carers often experience lack of training on occupational health and safety, non-standard work arrangements, irregular working hours, shift work, gaps in social protection, physical or mental strains and low wages. Low coverage by collective agreements of long-term care workers and limited public expenditure in long-term care can contribute to low wages in the sector. |
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(18)

Professional carers often experience lack of training on occupational health and safety, non-standard work arrangements, irregular working hours, shift work, gaps in social protection, physical or mental strains and low wages. Low coverage by collective agreements of long-term care workers and limited public expenditure in long-term care can contribute to low wages in the sector.

| (19) | Certain groups of workers, including live-in care workers or domestic workers providing long-term care, face particularly difficult working conditions, including low wages, unfavourable working-time arrangements, undeclared work, inadequate social protection, and non-compliance with essential labour protection rules and irregular forms of employment. The 2011 Domestic Workers Convention (No. 189) of the International Labour Organization lays down basic rights and principles, and requires national competent authorities to take a series of measures with a view to ensuring decent working conditions for domestic workers. |
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(19)

Certain groups of workers, including live-in care workers or domestic workers providing long-term care, face particularly difficult working conditions, including low wages, unfavourable working-time arrangements, undeclared work, inadequate social protection, and non-compliance with essential labour protection rules and irregular forms of employment. The 2011 Domestic Workers Convention (No. 189) of the International Labour Organization lays down basic rights and principles, and requires national competent authorities to take a series of measures with a view to ensuring decent working conditions for domestic workers.

| (20) | Informal care has been essential in long-term care provision, as informal carers, mostly women, traditionally carry out the bulk of caregiving, often due to a lack of accessible and affordable formal long-term care. On the other hand, many people also choose to provide or to receive informal care as a matter of preference. However, providing informal care can negatively affect carers’ physical and mental health and well-being and is a significant obstacle to employment, particularly for women. That has an immediate effect on their current income, and affects their old-age income due to a reduced accrual of pension rights, which can be even more significant for carers with additional childcare responsibilities. Therefore, a good work-life balance and better reconciliation of work and care duties are necessary for all informal carers, both men and women. In addition, in some cases, informal carers do not have access to adequate social protection and do not receive sufficient direct and/or indirect support for their caregiving activities, including financial support. Measures supporting the validation of their skills can help those interested to transition to formal care activities. Children and young people with a chronically ill family member tend to have more mental health problems and more adverse outcomes with long term effects on their income and inclusion in society. |
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(20)

Informal care has been essential in long-term care provision, as informal carers, mostly women, traditionally carry out the bulk of caregiving, often due to a lack of accessible and affordable formal long-term care. On the other hand, many people also choose to provide or to receive informal care as a matter of preference. However, providing informal care can negatively affect carers’ physical and mental health and well-being and is a significant obstacle to employment, particularly for women. That has an immediate effect on their current income, and affects their old-age income due to a reduced accrual of pension rights, which can be even more significant for carers with additional childcare responsibilities. Therefore, a good work-life balance and better reconciliation of work and care duties are necessary for all informal carers, both men and women. In addition, in some cases, informal carers do not have access to adequate social protection and do not receive sufficient direct and/or indirect support for their caregiving activities, including financial support. Measures supporting the validation of their skills can help those interested to transition to formal care activities. Children and young people with a chronically ill family member tend to have more mental health problems and more adverse outcomes with long term effects on their income and inclusion in society.

| (21) | The organisation of long-term care differs across the Union. Long-term care is organised in an often complex system of services across health and social care and sometimes other types of support, such as housing and local activities. There are also differences in terms of the employment status of professional carers and in terms of the roles played by the national, regional and local levels of administration and by the public, private and cooperative sectors. Indicators used for monitoring long-term care also vary and administrative data are often not available or comparable at Union level. |
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(21)

The organisation of long-term care differs across the Union. Long-term care is organised in an often complex system of services across health and social care and sometimes other types of support, such as housing and local activities. There are also differences in terms of the employment status of professional carers and in terms of the roles played by the national, regional and local levels of administration and by the public, private and cooperative sectors. Indicators used for monitoring long-term care also vary and administrative data are often not available or comparable at Union level.

| (22) | Long-term care stakeholders include those in need of long-term care, their family members and organisations representing them, relevant authorities at national, regional, and local levels, social partners, civil society organisations, long-term care providers, and bodies responsible for promoting social inclusion and integration and for the protection of fundamental rights, including national equality bodies. Social economy bodies, including cooperatives, mutual benefits societies, associations and foundations, and social enterprises are important partners for public authorities in the provision of long-term care. |
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(22)

Long-term care stakeholders include those in need of long-term care, their family members and organisations representing them, relevant authorities at national, regional, and local levels, social partners, civil society organisations, long-term care providers, and bodies responsible for promoting social inclusion and integration and for the protection of fundamental rights, including national equality bodies. Social economy bodies, including cooperatives, mutual benefits societies, associations and foundations, and social enterprises are important partners for public authorities in the provision of long-term care.

| (23) | The European Semester process, supported by the Social Scoreboard, has highlighted the challenges in long-term care, resulting in some Member States receiving country-specific recommendations in that area. The guidelines for the employment policies of the Member States adopted by Council Decision (EU) 2022/2296 (5) underline the importance of ensuring availability of affordable, accessible and quality long-term care. The Open Method of Coordination for Social Protection and Social Inclusion aims to promote accessible, high-quality and sustainable long-term care and supports that objective through monitoring, multilateral surveillance of reforms, thematic work, and mutual learning. The Social Protection Committee developed a European quality framework for social services (6), including long-term care. However, there is still no Union comprehensive framework to guide national reforms in long-term care. |
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(23)

The European Semester process, supported by the Social Scoreboard, has highlighted the challenges in long-term care, resulting in some Member States receiving country-specific recommendations in that area. The guidelines for the employment policies of the Member States adopted by Council Decision (EU) 2022/2296 (5) underline the importance of ensuring availability of affordable, accessible and quality long-term care. The Open Method of Coordination for Social Protection and Social Inclusion aims to promote accessible, high-quality and sustainable long-term care and supports that objective through monitoring, multilateral surveillance of reforms, thematic work, and mutual learning. The Social Protection Committee developed a European quality framework for social services (6), including long-term care. However, there is still no Union comprehensive framework to guide national reforms in long-term care.

| (24) | The Union provides many funding opportunities for long-term care, targeting different investment priorities in accordance with the specific regulations of the various funding programmes, which include the European Regional Development Fund (with priority focus on non-residential family- and community-based services), the European Social Fund plus, and its Employment and Social Innovation strand, the Just Transition Fund, Horizon Europe, EU4Health Programme, the Digital Europe Programme, technical support to improve the capacity of national authorities to design, develop and implement reforms through the Technical Support Instrument and the Recovery and Resilience Facility for eligible reforms and investments in the context of the recovery from the COVID-19 pandemic. |
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(24)

The Union provides many funding opportunities for long-term care, targeting different investment priorities in accordance with the specific regulations of the various funding programmes, which include the European Regional Development Fund (with priority focus on non-residential family- and community-based services), the European Social Fund plus, and its Employment and Social Innovation strand, the Just Transition Fund, Horizon Europe, EU4Health Programme, the Digital Europe Programme, technical support to improve the capacity of national authorities to design, develop and implement reforms through the Technical Support Instrument and the Recovery and Resilience Facility for eligible reforms and investments in the context of the recovery from the COVID-19 pandemic.

| (25) | This Recommendation builds on Union law regarding transparent and predictable working conditions, such as Directive 96/71/EC of the European Parliament and of the Council (7), Directive (EU) 2019/1152 of the European Parliament and of the Council (8) and Directive (EU) 2022/2041 of the European Parliament and of the Council (9), regarding work-life balance, such as Directive (EU) 2019/1158 of the European Parliament and of the Council (10), and regarding health and safety at work, such as Council Directive 89/391/EEC (11), Council Directive 89/656/EEC (12), Council Directive 90/269/EEC (13), Council Directive 98/24/EC (14),
  Directive 2000/54/EC of the European Parliament and of the Council (15), Directive 2003/88/EC of the European Parliament and of the Council (16), Directive 2004/37/EC of the European Parliament and of the Council (17) and Directive 2013/35/EU of the European Parliament and of the Council (18), which is applicable and relevant to long-term care. |
| --- | --- |

(25)

This Recommendation builds on Union law regarding transparent and predictable working conditions, such as Directive 96/71/EC of the European Parliament and of the Council (7), Directive (EU) 2019/1152 of the European Parliament and of the Council (8) and Directive (EU) 2022/2041 of the European Parliament and of the Council (9), regarding work-life balance, such as Directive (EU) 2019/1158 of the European Parliament and of the Council (10), and regarding health and safety at work, such as Council Directive 89/391/EEC (11), Council Directive 89/656/EEC (12), Council Directive 90/269/EEC (13), Council Directive 98/24/EC (14),

Directive 2000/54/EC of the European Parliament and of the Council (15), Directive 2003/88/EC of the European Parliament and of the Council (16), Directive 2004/37/EC of the European Parliament and of the Council (17) and Directive 2013/35/EU of the European Parliament and of the Council (18), which is applicable and relevant to long-term care.

| (26) | In full respect of the principles of subsidiarity and proportionality and taking into account the diversity and different organisational set-ups of long-term care systems, including decentralised ones, this Recommendation is without prejudice to the powers of Member States to organise their social protection systems and does not prevent them from maintaining or establishing provisions on social protection which go beyond those recommended, |
| --- | --- |

(26)

In full respect of the principles of subsidiarity and proportionality and taking into account the diversity and different organisational set-ups of long-term care systems, including decentralised ones, this Recommendation is without prejudice to the powers of Member States to organise their social protection systems and does not prevent them from maintaining or establishing provisions on social protection which go beyond those recommended,

HAS ADOPTED THIS RECOMMENDATION:

OBJECTIVE AND SCOPE

| 1. | This Recommendation aims to improve access to affordable, high-quality long-term care for all people who need it. |
| --- | --- |

1.

| 2. | This Recommendation concerns all people in need of long-term care, and all formal and informal carers. It applies to long-term care provided across all care settings. |
| --- | --- |

2.

DEFINITIONS

| 3. | For the purpose of this Recommendation, the following definitions apply:






  (a) | ‘long-term care’ means a range of services and assistance for people who, as a result of mental and/or physical frailty, disease and/or disability over an extended period of time, depend on support for daily living activities and/or are in need of some permanent nursing care. The daily living activities for which support is needed may be the self-care activities that a person must perform every day, namely activities of daily living, such as bathing, dressing, eating, getting in and out of bed or a chair, moving around, using the toilet, and controlling bladder and bowel functions, or may be related to independent living, namely instrumental activities of daily living, such as preparing meals, managing money, shopping for groceries or personal items, performing light or heavy housework, and using a telephone; |
| --- | --- | --- |

3.

(a)

‘long-term care’ means a range of services and assistance for people who, as a result of mental and/or physical frailty, disease and/or disability over an extended period of time, depend on support for daily living activities and/or are in need of some permanent nursing care. The daily living activities for which support is needed may be the self-care activities that a person must perform every day, namely activities of daily living, such as bathing, dressing, eating, getting in and out of bed or a chair, moving around, using the toilet, and controlling bladder and bowel functions, or may be related to independent living, namely instrumental activities of daily living, such as preparing meals, managing money, shopping for groceries or personal items, performing light or heavy housework, and using a telephone;

| (b) | ‘formal long-term care’ means long-term care provided by professional long-term care workers, which can take the form of home care, community-based or residential care; |
| --- | --- |

(b)

‘formal long-term care’ means long-term care provided by professional long-term care workers, which can take the form of home care, community-based or residential care;

| (c) | ‘home care’ means formal long-term care provided in the recipient’s private home, by one or more professional long-term care workers; |
| --- | --- |

(c)

‘home care’ means formal long-term care provided in the recipient’s private home, by one or more professional long-term care workers;

| (d) | ‘community-based care’ means formal long-term care provided and organised at community level, for example, in the form of adult day services or respite care; |
| --- | --- |

(d)

‘community-based care’ means formal long-term care provided and organised at community level, for example, in the form of adult day services or respite care;

| (e) | ‘residential care’ means formal long-term care provided to people staying in a residential long-term care setting; |
| --- | --- |

(e)

‘residential care’ means formal long-term care provided to people staying in a residential long-term care setting;

| (f) | ‘informal care’ means long-term care provided by an informal carer, namely someone in the social environment of the person in need of care, including a partner, child, parent or other person, who is not hired as a professional long-term care worker; |
| --- | --- |

(f)

‘informal care’ means long-term care provided by an informal carer, namely someone in the social environment of the person in need of care, including a partner, child, parent or other person, who is not hired as a professional long-term care worker;

| (g) | ‘independent living’ means that all people in need of long-term care can live in the community with choices equal to others, have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others, and are not obliged to live in a particular living arrangement; |
| --- | --- |

(g)

‘independent living’ means that all people in need of long-term care can live in the community with choices equal to others, have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others, and are not obliged to live in a particular living arrangement;

| (h) | ‘domestic long-term care worker’ means any person engaged in domestic work who provides long-term care within an employment relationship; |
| --- | --- |

(h)

‘domestic long-term care worker’ means any person engaged in domestic work who provides long-term care within an employment relationship;

| (i) | ‘live-in care worker’ means a domestic long-term care worker who lives with the care recipient and provides long-term care. |
| --- | --- |

(i)

‘live-in care worker’ means a domestic long-term care worker who lives with the care recipient and provides long-term care.

ADEQUACY, AVAILABILITY AND QUALITY

| 4. | It is recommended that Member States ensure the adequacy of social protection for long-term care, in particular by ensuring that all people with long-term care needs have access to long-term care that is:






  (a) | timely, allowing people in need of long-term care to receive the necessary care as soon as, and for as long as, needed; |
| --- | --- | --- |

4.

(a)

timely, allowing people in need of long-term care to receive the necessary care as soon as, and for as long as, needed;

| (b) | comprehensive, covering all long-term care needs, arising from mental and/or physical decline in functional ability identified through an assessment based on clear and objective eligibility criteria, and in coordination with other support and welfare services; |
| --- | --- |

(b)

comprehensive, covering all long-term care needs, arising from mental and/or physical decline in functional ability identified through an assessment based on clear and objective eligibility criteria, and in coordination with other support and welfare services;

| (c) | affordable, enabling people in need of long-term care to maintain a decent standard of living and protecting them from poverty and social exclusion due to their long-term care needs as well as ensuring their dignity. |
| --- | --- |

(c)

affordable, enabling people in need of long-term care to maintain a decent standard of living and protecting them from poverty and social exclusion due to their long-term care needs as well as ensuring their dignity.

| 5. | It is recommended that Member States continously align the offer of long-term care services to long-term care needs, while providing a balanced mix of long-term care options and care settings to cater for different long-term care needs and supporting the freedom of choice, and participation in decision-making, of people in need of care, including by:






  (a) | developing and/or improving home care and community-based care; |
| --- | --- | --- |

5.

(a)

developing and/or improving home care and community-based care;

| (b) | closing territorial gaps in availability of and access to long-term care, in particular in rural and depopulating areas; |
| --- | --- |

(b)

closing territorial gaps in availability of and access to long-term care, in particular in rural and depopulating areas;

| (c) | rolling-out accessible innovative technology and digital solutions in the provision of care services, including to support autonomy and independent living, while addressing potential challenges of digitalisation; |
| --- | --- |

(c)

rolling-out accessible innovative technology and digital solutions in the provision of care services, including to support autonomy and independent living, while addressing potential challenges of digitalisation;

| (d) | ensuring that long-term care services and facilities are accessible to persons with specific needs and disabilities, and respecting the equal right of all persons with disabilities to live independently in the community, with choices equal to others; |
| --- | --- |

(d)

ensuring that long-term care services and facilities are accessible to persons with specific needs and disabilities, and respecting the equal right of all persons with disabilities to live independently in the community, with choices equal to others;

| (e) | ensuring that long-term care services are well-coordinated with prevention, healthy and active aging and health services and that they support autonomy and independent living, restoring as far as possible, or preventing the deterioration of physical or mental conditions. |
| --- | --- |

(e)

ensuring that long-term care services are well-coordinated with prevention, healthy and active aging and health services and that they support autonomy and independent living, restoring as far as possible, or preventing the deterioration of physical or mental conditions.

| 6. | It is recommended that Member States ensure that high-quality criteria and standards are established for all long-term care settings, tailored to their characteristics and to apply them to all long-term care providers irrespective of their legal status. To that effect, Member States are invited to ensure a national quality framework for long-term care in accordance with the quality principles set out in the Annex and to include in it an appropriate quality assurance mechanism that:






  (a) | ensures compliance with quality criteria and standards across all long-term care settings and providers in collaboration with long-term care providers and people receiving long-term care; |
| --- | --- | --- |

6.

(a)

ensures compliance with quality criteria and standards across all long-term care settings and providers in collaboration with long-term care providers and people receiving long-term care;

| (b) | provides incentives to and enhances the capacity of long-term care providers to go beyond the minimum quality standards and to improve quality continuously; |
| --- | --- |

(b)

provides incentives to and enhances the capacity of long-term care providers to go beyond the minimum quality standards and to improve quality continuously;

| (c) | allocates resources for quality assurance at national, regional and local levels and encourages long-term care providers to have financial ressources for quality management; |
| --- | --- |

(c)

allocates resources for quality assurance at national, regional and local levels and encourages long-term care providers to have financial ressources for quality management;

| (d) | ensures, where relevant, that requirements regarding the quality of long-term care are integrated in public procurement; |
| --- | --- |

(d)

ensures, where relevant, that requirements regarding the quality of long-term care are integrated in public procurement;

| (e) | promotes autonomy, independent living, and inclusion in the community in all long-term care settings; |
| --- | --- |

(e)

promotes autonomy, independent living, and inclusion in the community in all long-term care settings;

| (f) | ensures protection against abuse, harassment, neglect and all forms of violence for all persons in need of care and all carers. |
| --- | --- |

(f)

ensures protection against abuse, harassment, neglect and all forms of violence for all persons in need of care and all carers.

CARERS

| 7. | It is recommended that Member States support quality employment and fair working conditions in long-term care, in particular by:






  (a) | promoting national social dialogue and collective bargaining in long-term care, including supporting the development of attractive wages, adequate working arrangements and non-discrimination in the sector, while respecting the autonomy of social partners; |
| --- | --- | --- |

7.

(a)

promoting national social dialogue and collective bargaining in long-term care, including supporting the development of attractive wages, adequate working arrangements and non-discrimination in the sector, while respecting the autonomy of social partners;

| (b) | without prejudice to Union law on occupational health and safety and while ensuring its effective application, promoting the highest standards in occupational health and safety, including protection from harassment, abuse and all forms of violence, for all long-term care workers; |
| --- | --- |

(b)

without prejudice to Union law on occupational health and safety and while ensuring its effective application, promoting the highest standards in occupational health and safety, including protection from harassment, abuse and all forms of violence, for all long-term care workers;

| (c) | addressing the challenges of vulnerable groups of workers, such as domestic long-term care workers, live-in care workers and migrant care workers, including by providing for effective regulation and professionalisation of such care work. |
| --- | --- |

(c)

addressing the challenges of vulnerable groups of workers, such as domestic long-term care workers, live-in care workers and migrant care workers, including by providing for effective regulation and professionalisation of such care work.

| 8. | It is recommended that Member States, in collaboration, where relevant, with social partners, long-term care providers and other stakeholders, improve the professionalisation of care and address skills needs and worker shortages in long-term care, in particular by:






  (a) | designing and improving the initial and continuous education and training to equip current and future long-term care workers with the necessary skills and competences, including digital ones; |
| --- | --- | --- |

8.

(a)

designing and improving the initial and continuous education and training to equip current and future long-term care workers with the necessary skills and competences, including digital ones;

| (b) | building career pathways in the long-term care sector, including through upskilling, reskilling, skills validation, and information and guidance services; |
| --- | --- |

(b)

building career pathways in the long-term care sector, including through upskilling, reskilling, skills validation, and information and guidance services;

| (c) | establishing pathways to a regular employment status for undeclared long-term care workers; |
| --- | --- |

(c)

establishing pathways to a regular employment status for undeclared long-term care workers;

| (d) | exploring legal migration pathways for long-term care workers; |
| --- | --- |

(d)

exploring legal migration pathways for long-term care workers;

| (e) | strengthening professional standards, offering attractive professional status and career prospects and adequate social protection to long-term care workers, including to those with low or no qualifications; |
| --- | --- |

(e)

strengthening professional standards, offering attractive professional status and career prospects and adequate social protection to long-term care workers, including to those with low or no qualifications;

| (f) | implementing measures to tackle gender stereotypes and gender segregation and to make the long-term care profession attractive to both men and women. |
| --- | --- |

(f)

implementing measures to tackle gender stereotypes and gender segregation and to make the long-term care profession attractive to both men and women.

| 9. | It is recommended that Member States establish clear procedures to identify informal carers and support them in their caregiving activities by:






  (a) | facilitating their cooperation with long-term care workers; |
| --- | --- | --- |

9.

(a)

facilitating their cooperation with long-term care workers;

| (b) | supporting their access to the necessary training, including on occupational health and safety, counselling, healthcare, psychological support and respite care, as well as supporting them in balancing work and care responsibilities; |
| --- | --- |

(b)

supporting their access to the necessary training, including on occupational health and safety, counselling, healthcare, psychological support and respite care, as well as supporting them in balancing work and care responsibilities;

| (c) | providing them with access to social protection and/or to adequate financial support, while making sure that such support measures do not deter labour market participation. |
| --- | --- |

(c)

providing them with access to social protection and/or to adequate financial support, while making sure that such support measures do not deter labour market participation.

GOVERNANCE, MONITORING AND REPORTING

| 10. | It is recommended that Member States ensure sound policy governance in long-term care, including an effective coordination mechanism to design, deploy and monitor policy actions and investments in that area, in particular by:






  (a) | having in place a long-term care coordinator or another appropriate coordination mechanism, in accordance with national circumstances, supporting the implementation of this Recommendation at national level; |
| --- | --- | --- |

10.

(a)

having in place a long-term care coordinator or another appropriate coordination mechanism, in accordance with national circumstances, supporting the implementation of this Recommendation at national level;

| (b) | involving relevant stakeholders, for example, social partners, civil society organisations, social economy actors, professional training and education institutions, care recipients and other stakeholders, at national, regional and local levels in the preparation, implementation, monitoring and evaluation of long-term care policies, and improving the consistency of long-term care policies with other relevant policies, including policies in the area of healthcare, employment, education and training, broader social protection and social inclusion, gender equality, rights of persons with disabilities and childrens’ rights; |
| --- | --- |

(b)

involving relevant stakeholders, for example, social partners, civil society organisations, social economy actors, professional training and education institutions, care recipients and other stakeholders, at national, regional and local levels in the preparation, implementation, monitoring and evaluation of long-term care policies, and improving the consistency of long-term care policies with other relevant policies, including policies in the area of healthcare, employment, education and training, broader social protection and social inclusion, gender equality, rights of persons with disabilities and childrens’ rights;

| (c) | ensuring a national framework for data collection and evaluation, underpinned by relevant indicators, where relevant and possible sex and age-disaggregated, collection of evidence, including on gaps in long-term care provision; |
| --- | --- |

(c)

ensuring a national framework for data collection and evaluation, underpinned by relevant indicators, where relevant and possible sex and age-disaggregated, collection of evidence, including on gaps in long-term care provision;

| (d) | gathering lessons learned, successful practices and feedback on long-term care policies and practices, including from care receivers, care givers and other stakeholders, in order to inform policy design; |
| --- | --- |

(d)

gathering lessons learned, successful practices and feedback on long-term care policies and practices, including from care receivers, care givers and other stakeholders, in order to inform policy design;

| (e) | developing a mechanism for forecasting long-term care needs at national, regional and local levels and integrating it into the planning of long-term care provision; |
| --- | --- |

(e)

developing a mechanism for forecasting long-term care needs at national, regional and local levels and integrating it into the planning of long-term care provision;

| (f) | strengthening contingency planning and capacity to ensure continuity of long-term care provision when confronted with unforeseen circumstances and emergencies; |
| --- | --- |

(f)

strengthening contingency planning and capacity to ensure continuity of long-term care provision when confronted with unforeseen circumstances and emergencies;

| (g) | taking measures to raise awareness, encourage and facilitate the take-up of available long-term care services and support by people in need of long-term care, their families, long-term care workers and informal carers, including at regional and local levels; |
| --- | --- |

(g)

taking measures to raise awareness, encourage and facilitate the take-up of available long-term care services and support by people in need of long-term care, their families, long-term care workers and informal carers, including at regional and local levels;

| (h) | mobilising and making cost-effective use of adequate and sustainable funding for long-term care, including by making use of Union funds and instruments and by pursuing policies conducive to the sustainable funding of long-term care services that are coherent with the overall sustainability of public finances. |
| --- | --- |

(h)

mobilising and making cost-effective use of adequate and sustainable funding for long-term care, including by making use of Union funds and instruments and by pursuing policies conducive to the sustainable funding of long-term care services that are coherent with the overall sustainability of public finances.

| 11. | It is recommended that Member States communicate to the Commission, within 18 months from the adoption of this Recommendation, the set of measures taken or planned to implement it, building where relevant on existing national strategies or plans and taking into account national, regional and local circumstances. Where appropriate, subsequent progress reports should be based on relevant reporting mechanisms and fora, including those under the Social Open Method of Coordination, the European Semester and other relevant Union programing and reporting mechanisms, such as the national recovery plans. |
| --- | --- |

11.

| 12. | The Council welcomes the Commission’s intention to:






  (a) | mobilise Union funding and technical support to promote national reforms and social innovation in long-term care; |
| --- | --- | --- |

12.

(a)

mobilise Union funding and technical support to promote national reforms and social innovation in long-term care;

| (b) | monitor progress in implementing this Recommendation in the context of the European Semester and the Social Open Method of Coordination, taking stock of progress regularly with the Social Protection Committee and, where relevant, the Employment Committee, based on the measures referred to in point 11, national reform programs or other relevant documents, progress reports from Member States and the framework of indicators referred to in point (e), and report to the Council within five years from the adoption of this Recommendation; |
| --- | --- |

(b)

monitor progress in implementing this Recommendation in the context of the European Semester and the Social Open Method of Coordination, taking stock of progress regularly with the Social Protection Committee and, where relevant, the Employment Committee, based on the measures referred to in point 11, national reform programs or other relevant documents, progress reports from Member States and the framework of indicators referred to in point (e), and report to the Council within five years from the adoption of this Recommendation;

| (c) | work jointly with Member States, through the Social Protection Committee, the Employment Committee and, as relevant, with long-term care coordinators or members of the coordinating mechanisms referred to in point 10(a) as well as with relevant stakeholders to facilitate mutual learning, share experiences, and follow up on actions taken in response to this Recommendation as set out in point 11; |
| --- | --- |

(c)

work jointly with Member States, through the Social Protection Committee, the Employment Committee and, as relevant, with long-term care coordinators or members of the coordinating mechanisms referred to in point 10(a) as well as with relevant stakeholders to facilitate mutual learning, share experiences, and follow up on actions taken in response to this Recommendation as set out in point 11;

| (d) | work with Member States to enhance the availability, scope and relevance of comparable data on long-term care at Union level, building on the forthcoming results of the Commission task force on long-term care statistics; |
| --- | --- |

(d)

work with Member States to enhance the availability, scope and relevance of comparable data on long-term care at Union level, building on the forthcoming results of the Commission task force on long-term care statistics;

| (e) | work with the Social Protection Committee to establish a framework of indicators for monitoring the implementation of this Recommendation, building on the joint work on common indicators on long-term care and other monitoring frameworks to avoid duplication of work and limit the administrative burden; |
| --- | --- |

(e)

work with the Social Protection Committee to establish a framework of indicators for monitoring the implementation of this Recommendation, building on the joint work on common indicators on long-term care and other monitoring frameworks to avoid duplication of work and limit the administrative burden;

| (f) | draw up joint reports with the Social Protection Committee on long-term care which analyse common long-term care challenges and the measures adopted by Member States to address them; |
| --- | --- |

(f)

draw up joint reports with the Social Protection Committee on long-term care which analyse common long-term care challenges and the measures adopted by Member States to address them;

| (g) | strengthen awareness raising and communication efforts at Union level and among Member States and the relevant stakeholders. |
| --- | --- |

(g)

strengthen awareness raising and communication efforts at Union level and among Member States and the relevant stakeholders.

Done at Brussels, 8 December 2022.

For the Council

The President

M. JUREČKA

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(1)  Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10).

1

(2)  European Commission, Directorate-General for Employment, Social Affairs and Inclusion, and the Social Protection Committee, Long-term care report: trends, challenges and opportunities in an ageing society, Publications Office, 2021.

2

(3)  OJ C 326, 26.10.2012, p. 391.

3

(4)  Van der Ende, M. et al., 2021, Study on exploring the incidence and costs of informal long-term care in the EU.

4

(5)  Council Decision (EU) 2022/2296 of 21 November 2022 on guidelines for the employment policies of the Member States (OJ L 304, 24.11.2022, p. 67).

5

(6)  A voluntary European quality framework for social services, SPC/2010/10/8 final.

6

(7)  Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

7

(8)  Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).

8

(9)  Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).

9

(10)  Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79).

10

(11)  Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p.1).

11

(12)  Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 393, 30.12.1989, p. 18).

12

(13)  Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 156, 21.6.1990, p. 9).

13

(14)  Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 5.5.1998, p. 11).

14

(15)  Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, p. 21).

15

(16)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

16

(17)  Directive 2004/37/EC of 29 April 2004 of the European Parliament and of the Council on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).

17

(18)  Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1).

18

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ANNEX

LONG-TERM CARE QUALITY PRINCIPLES

Member States are invited to ensure a national quality framework for long-term care referred to in point 6, in accordance with the following principles. These principles apply to all long-term care providers irrespective of their legal status and in all care settings. They express shared values and a common understanding of long-term care quality.

Respect

Long-term care respects the dignity and other fundamental rights and freedoms of people in need of long-term care, their families and carers. This includes the equal right of all persons, in particular those with disabilities, to live independently in the community, with choices equal to others. Long-term care is provided without discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. People receiving care are protected from abuse, harassment, neglect and all forms of violence.

Prevention

Long-term care aims to restore as far as possible, or prevent deterioration in the physical and/or mental health of people in need of long-term care and to strengthen their capacity to live independently, while also alleviating their experience of loneliness or social isolation.

Person-centredness

Long-term care services are provided without any discrimination and address the specific and changing needs of each individual in need of long-term care. They fully respect the personal integrity of people in need of care, take into account their gender, and their physical, intellectual, cultural, ethnic, religious, linguistic and social diversity, and, where appropriate, that of their families or their immediate social circle. The person in need of long-term care is at the centre of attention and is the basis for service planning, care management, worker development and quality monitoring.

Comprehensiveness and continuity

Long-term care is designed and delivered in an integrated manner with all other relevant services, including healthcare and telehealth, and with effective coordination between national, regional and local levels including by involving stakeholders in the community. Long-term care is organised so that people in need of long-term care can rely on an uninterrupted range of services when needed and for as long as necessary, while supporting their inclusion in society and the maintenance of ties with family and friends. Transitions between different long-term care services are smooth and aim to avoid disruption of service or any negative impact on the care received.

Focus on outcomes

Long-term care is focused primarily on benefits for those receiving care, in terms of their quality of life and ability to live independently, taking into account, where appropriate, the benefits for their families, informal carers and the community.

Transparency

Information and advice about available long-term care options and providers, quality standards and quality assurance arrangements is provided in full, in an accessible and understandable way, to people in need of long-term care, their families or carers, thus enabling them to choose the most suitable care option.

Workforce

Long-term care is provided by skilled and competent workers with a decent wage and fair working conditions. Appropriate worker ratios reflecting the number and needs of people receiving long-term care and the different care settings are established and respected. Workers’ rights, confidentiality, professional ethics and professional autonomy are respected. Carers are protected from abuse, harassment and all forms of violence.

Continuous learning is available to all long-term care workers.

Facilities

All long-term care provision complies with health and safety rules, accessibility, environmental and energy-saving requirements.

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 15.12.2022 | EN | Official Journal of the European Union | C 476/12 |
| --- | --- | --- | --- |

15.12.2022

EN

Official Journal of the European Union

C 476/12

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Non-opposition to a notified concentration

(Case M.10619 – SNAM / ENI / JV)

(Text with EEA relevance)

(2022/C 476/02)

On 13 October 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10619. EUR-Lex is the online point of access to European Union law. |
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—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10619. EUR-Lex is the online point of access to European Union law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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III Preparatory acts

COUNCIL

| 15.12.2022 | EN | Official Journal of the European Union | C 476/13 |
| --- | --- | --- | --- |

15.12.2022

EN

Official Journal of the European Union

C 476/13

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POSITION (EU) No 4/2022 OF THE COUNCIL AT FIRST READING

with a view to the adoption of a Regulation of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +)

Adopted by the Council on 10 December 2022

(2022/C 476/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | An association agreement between the Union and Ukraine (2), including a Deep and Comprehensive Free Trade Area, entered into force on 1 September 2017. |
| --- | --- |

(1)

An association agreement between the Union and Ukraine (2), including a Deep and Comprehensive Free Trade Area, entered into force on 1 September 2017.

| (2) | In 2014, Ukraine embarked on an ambitious reform programme with the aim of stabilising its economy and improving the livelihoods of its citizens. The fight against corruption, as well as constitutional, electoral and judicial reforms, are among the top priorities on the agenda. The implementation of those reforms was supported by consecutive macro-financial assistance programmes, under which Ukraine has received assistance from the Union in the form of loans for a total of EUR 6,6 billion. |
| --- | --- |

(2)

In 2014, Ukraine embarked on an ambitious reform programme with the aim of stabilising its economy and improving the livelihoods of its citizens. The fight against corruption, as well as constitutional, electoral and judicial reforms, are among the top priorities on the agenda. The implementation of those reforms was supported by consecutive macro-financial assistance programmes, under which Ukraine has received assistance from the Union in the form of loans for a total of EUR 6,6 billion.

| (3) | The emergency macro-financial assistance, which was made available in the context of mounting threat, right before the Russian invasion, pursuant to Decision (EU) 2022/313 of the European Parliament and of the Council (3), provided EUR 1,2 billion in loans to Ukraine, disbursed in two instalments, each of EUR 600 million, in March and May 2022. |
| --- | --- |

(3)

The emergency macro-financial assistance, which was made available in the context of mounting threat, right before the Russian invasion, pursuant to Decision (EU) 2022/313 of the European Parliament and of the Council (3), provided EUR 1,2 billion in loans to Ukraine, disbursed in two instalments, each of EUR 600 million, in March and May 2022.

| (4) | The Union’s exceptional macro-financial assistance of up to EUR 1 billion, made available pursuant to Decision (EU) 2022/1201 of the European Parliament and of the Council (4), provided swift and urgent support to the Ukrainian budget and was fully disbursed in two tranches on 1 and 2 August 2022. That assistance constituted the first stage of the planned exceptional macro-financial assistance to Ukraine of up to EUR 9 billion, announced by the Commission in its communication of 18 May 2022 entitled ‘Ukraine Relief and Reconstruction’ and endorsed by the European Council of 23-24 June 2022. |
| --- | --- |

(4)

The Union’s exceptional macro-financial assistance of up to EUR 1 billion, made available pursuant to Decision (EU) 2022/1201 of the European Parliament and of the Council (4), provided swift and urgent support to the Ukrainian budget and was fully disbursed in two tranches on 1 and 2 August 2022. That assistance constituted the first stage of the planned exceptional macro-financial assistance to Ukraine of up to EUR 9 billion, announced by the Commission in its communication of 18 May 2022 entitled ‘Ukraine Relief and Reconstruction’ and endorsed by the European Council of 23-24 June 2022.

| (5) | Decision (EU) 2022/1628 of the European Parliament and of the Council (5) constituted a further step in the implementation of the Union’s planned exceptional macro-financial assistance. It established the basis for providing to Ukraine a further amount of up to EUR 5 billion in the form of loans on highly concessional terms, of which EUR 2 billion was disbursed on 18 October, with the remaining EUR 3 billion to be disbursed by the end of 2022. |
| --- | --- |

(5)

Decision (EU) 2022/1628 of the European Parliament and of the Council (5) constituted a further step in the implementation of the Union’s planned exceptional macro-financial assistance. It established the basis for providing to Ukraine a further amount of up to EUR 5 billion in the form of loans on highly concessional terms, of which EUR 2 billion was disbursed on 18 October, with the remaining EUR 3 billion to be disbursed by the end of 2022.

| (6) | Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022 has caused Ukraine a loss of access to financial markets and a significant drop in public revenue, while public expenditure to address the humanitarian situation and to maintain the continuity of State services has increased markedly. In that very uncertain and volatile situation, the best estimates of Ukraine’s funding needs by the International Monetary Fund (IMF) in the summer of 2022 pointed to an extraordinary funding gap of around USD 39 billion in 2022, of which around half could be met thanks to international assistance. The swift provision by the Union of the macro-financial assistance to Ukraine under Decision (EU) 2022/1628 was, given the extraordinary circumstances, considered to be an appropriate short-term response to the sizeable risks to Ukraine’s macro-financial stability. The further amount of up to EUR 5 billion of exceptional macro-financial assistance under that Decision was to support Ukraine’s macro-financial stabilisation, strengthen the immediate resilience of the country and sustain its capacity towards recovery, thereby contributing to the public debt sustainability of Ukraine and its ability to ultimately be in a position to meet its financial obligations. |
| --- | --- |

(6)

Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022 has caused Ukraine a loss of access to financial markets and a significant drop in public revenue, while public expenditure to address the humanitarian situation and to maintain the continuity of State services has increased markedly. In that very uncertain and volatile situation, the best estimates of Ukraine’s funding needs by the International Monetary Fund (IMF) in the summer of 2022 pointed to an extraordinary funding gap of around USD 39 billion in 2022, of which around half could be met thanks to international assistance. The swift provision by the Union of the macro-financial assistance to Ukraine under Decision (EU) 2022/1628 was, given the extraordinary circumstances, considered to be an appropriate short-term response to the sizeable risks to Ukraine’s macro-financial stability. The further amount of up to EUR 5 billion of exceptional macro-financial assistance under that Decision was to support Ukraine’s macro-financial stabilisation, strengthen the immediate resilience of the country and sustain its capacity towards recovery, thereby contributing to the public debt sustainability of Ukraine and its ability to ultimately be in a position to meet its financial obligations.

| (7) | Since the beginning of Russia’s war of aggression against Ukraine, the Union, its Member States and European financial institutions have mobilised EUR 19,7 billion for Ukraine’s economic, social and financial resilience. That amount combines support from the Union budget, in the amount of EUR 12,4 billion, including the exceptional macro-financial assistance and support from the European Investment Bank and the European Bank for Reconstruction and Development, fully or partially guaranteed by the Union budget, as well as further financial support by Member States, in the amount of EUR 7,3 billion. |
| --- | --- |

(7)

Since the beginning of Russia’s war of aggression against Ukraine, the Union, its Member States and European financial institutions have mobilised EUR 19,7 billion for Ukraine’s economic, social and financial resilience. That amount combines support from the Union budget, in the amount of EUR 12,4 billion, including the exceptional macro-financial assistance and support from the European Investment Bank and the European Bank for Reconstruction and Development, fully or partially guaranteed by the Union budget, as well as further financial support by Member States, in the amount of EUR 7,3 billion.

| (8) | In addition, the Council decided on assistance measures to support the Ukrainian armed forces under the European Peace Facility, in the amount of EUR 3,1 billion under Council Decision (CFSP) 2021/509 (6), and a military assistance mission in support of Ukraine with EUR 0,1 billion for the common costs under Council Decision (CFSP) 2022/1968 (7). The Union and its Member States have also delivered unprecedented in-kind emergency response via the Union Civil Protection Mechanism under Regulation (EU) 2021/836 of the European Parliament and the Council (8), constituting the largest emergency operation since the creation of that mechanism, and channelling millions of emergency items to Ukraine and the region. |
| --- | --- |

(8)

In addition, the Council decided on assistance measures to support the Ukrainian armed forces under the European Peace Facility, in the amount of EUR 3,1 billion under Council Decision (CFSP) 2021/509 (6), and a military assistance mission in support of Ukraine with EUR 0,1 billion for the common costs under Council Decision (CFSP) 2022/1968 (7). The Union and its Member States have also delivered unprecedented in-kind emergency response via the Union Civil Protection Mechanism under Regulation (EU) 2021/836 of the European Parliament and the Council (8), constituting the largest emergency operation since the creation of that mechanism, and channelling millions of emergency items to Ukraine and the region.

| (9) | The European Council of 23 June 2022 decided to grant the status of candidate country to Ukraine. Ongoing strong support to Ukraine is a key priority for the Union. As the damage from Russia’s war of aggression to the Ukrainian economy, citizens and businesses is tremendous, ongoing strong support to Ukraine requires an organised collective approach as set out in the instrument for providing Union support to Ukraine (macro-financial assistance +) established by this Regulation (the ‘Instrument’). |
| --- | --- |

(9)

The European Council of 23 June 2022 decided to grant the status of candidate country to Ukraine. Ongoing strong support to Ukraine is a key priority for the Union. As the damage from Russia’s war of aggression to the Ukrainian economy, citizens and businesses is tremendous, ongoing strong support to Ukraine requires an organised collective approach as set out in the instrument for providing Union support to Ukraine (macro-financial assistance +) established by this Regulation (the ‘Instrument’).

| (10) | Russia’s war of aggression against Ukraine represents a strategic geopolitical threat to the Union as a whole and requires Member States to stand strong and united. It is therefore essential that Union support be deployed rapidly and be able to adapt flexibly and gradually for immediate relief and short-term rehabilitation on the way to future reconstruction. |
| --- | --- |

(10)

Russia’s war of aggression against Ukraine represents a strategic geopolitical threat to the Union as a whole and requires Member States to stand strong and united. It is therefore essential that Union support be deployed rapidly and be able to adapt flexibly and gradually for immediate relief and short-term rehabilitation on the way to future reconstruction.

| (11) | The general objective of the Instrument is to contribute to closing the funding gap of Ukraine in 2023, notably by providing highly concessional short-term financial relief to Ukraine’s State budget in a predictable, continuous, orderly and timely manner, including financing the rehabilitation and initial support towards post-war reconstruction, where appropriate, with a view to supporting Ukraine on its path towards European integration. |
| --- | --- |

(11)

The general objective of the Instrument is to contribute to closing the funding gap of Ukraine in 2023, notably by providing highly concessional short-term financial relief to Ukraine’s State budget in a predictable, continuous, orderly and timely manner, including financing the rehabilitation and initial support towards post-war reconstruction, where appropriate, with a view to supporting Ukraine on its path towards European integration.

| (12) | To attain the Instrument’s general objective, the assistance should be provided to support macro-financial stability in Ukraine, and to ease Ukraine’s external financing constraints. The Commission should implement the support under the Instrument in accordance with the key principles and objectives of the measures taken within the different areas of external action and other relevant Union policies. |
| --- | --- |

(12)

To attain the Instrument’s general objective, the assistance should be provided to support macro-financial stability in Ukraine, and to ease Ukraine’s external financing constraints. The Commission should implement the support under the Instrument in accordance with the key principles and objectives of the measures taken within the different areas of external action and other relevant Union policies.

| (13) | The provision of rehabilitation support, repair, and maintenance of critical functions and infrastructure as well as relief for people in need and for most affected areas in terms of material and social support, temporary housing, residential and infrastructural construction should also count among the main areas of support under the Instrument. |
| --- | --- |

(13)

The provision of rehabilitation support, repair, and maintenance of critical functions and infrastructure as well as relief for people in need and for most affected areas in terms of material and social support, temporary housing, residential and infrastructural construction should also count among the main areas of support under the Instrument.

| (14) | The Instrument should also support the strengthening of the capacity of Ukrainian authorities to prepare for the future post-war reconstruction and for the early preparatory phase of the pre-accession process, as appropriate, including the strengthening of Ukraine’s institutions, reforming and reinforcing the effectiveness of public administration as well as transparency, structural reforms and good governance at all levels. |
| --- | --- |

(14)

The Instrument should also support the strengthening of the capacity of Ukrainian authorities to prepare for the future post-war reconstruction and for the early preparatory phase of the pre-accession process, as appropriate, including the strengthening of Ukraine’s institutions, reforming and reinforcing the effectiveness of public administration as well as transparency, structural reforms and good governance at all levels.

| (15) | The Instrument will support the Union’s external policy towards Ukraine. The Commission and the European External Action Service should work closely together throughout the support operation in order to coordinate, and ensure the consistency of, the Union’s external policy. The support to Ukraine under the Instrument will continue to contribute significantly to satisfying Ukraine’s funding needs as estimated by the IMF, the World Bank and other international financial institutions, taking into account Ukraine’s capacity to finance itself with its own resources. The determination of the amount of the support also takes into account the expected financial contributions from bilateral and multilateral donors, as well as the pre-existing deployment of the Union’s other external financing instruments in Ukraine and the added value of the overall Union involvement. |
| --- | --- |

(15)

The Instrument will support the Union’s external policy towards Ukraine. The Commission and the European External Action Service should work closely together throughout the support operation in order to coordinate, and ensure the consistency of, the Union’s external policy. The support to Ukraine under the Instrument will continue to contribute significantly to satisfying Ukraine’s funding needs as estimated by the IMF, the World Bank and other international financial institutions, taking into account Ukraine’s capacity to finance itself with its own resources. The determination of the amount of the support also takes into account the expected financial contributions from bilateral and multilateral donors, as well as the pre-existing deployment of the Union’s other external financing instruments in Ukraine and the added value of the overall Union involvement.

| (16) | The situation of Ukraine requires a step-by-step approach whereby an instrument focusing on macro-financial stability as well as immediate relief and rehabilitation should be accompanied by continuous support under the Neighbourhood, Development and International Cooperation Instrument – Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council (9) and the humanitarian aid operations under Council Regulation (EC) No 1257/96 (10). |
| --- | --- |

(16)

The situation of Ukraine requires a step-by-step approach whereby an instrument focusing on macro-financial stability as well as immediate relief and rehabilitation should be accompanied by continuous support under the Neighbourhood, Development and International Cooperation Instrument – Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council (9) and the humanitarian aid operations under Council Regulation (EC) No 1257/96 (10).

| (17) | This Regulation should lay down the resources available for the Instrument for the period from 1 January 2023 to 31 December 2023 with possible disbursements until 31 March 2024. A maximum amount of EUR 18 billion should be made available in the form of loans. In addition, for the period from 1 January 2023 to 31 December 2027, this Regulation should provide for an interest rate subsidy. To ensure coverage of interest costs during the lifetime of the loans, contributions from the Member States beyond 2027 should be renewed and continue as external assigned revenue unless covered through other means in future multiannual financial frameworks. Therefore it might be possible to extend the contributions from the Member States beyond 2027. |
| --- | --- |

(17)

This Regulation should lay down the resources available for the Instrument for the period from 1 January 2023 to 31 December 2023 with possible disbursements until 31 March 2024. A maximum amount of EUR 18 billion should be made available in the form of loans. In addition, for the period from 1 January 2023 to 31 December 2027, this Regulation should provide for an interest rate subsidy. To ensure coverage of interest costs during the lifetime of the loans, contributions from the Member States beyond 2027 should be renewed and continue as external assigned revenue unless covered through other means in future multiannual financial frameworks. Therefore it might be possible to extend the contributions from the Member States beyond 2027.

| (18) | This Regulation should provide the possibility for the Member States to make available additional resources, as external assigned revenue, to be implemented under the memorandum of understanding (MoU) of the Instrument. Such a possibility for additional contribution should also be made for interested third countries and parties as external assigned revenues, in accordance with Article 21(2), points (d) and (e), of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (11) (the ‘Financial Regulation’). To foster synergies and complementarities, it is appropriate to allow that such additional contributions from the Member States, from interested third countries and parties could also be made available to the programmes established under Regulations (EU) 2021/947 and (EC) No 1257/96 to finance measures contributing to the objectives of the Instrument. |
| --- | --- |

(18)

This Regulation should provide the possibility for the Member States to make available additional resources, as external assigned revenue, to be implemented under the memorandum of understanding (MoU) of the Instrument. Such a possibility for additional contribution should also be made for interested third countries and parties as external assigned revenues, in accordance with Article 21(2), points (d) and (e), of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (11) (the ‘Financial Regulation’). To foster synergies and complementarities, it is appropriate to allow that such additional contributions from the Member States, from interested third countries and parties could also be made available to the programmes established under Regulations (EU) 2021/947 and (EC) No 1257/96 to finance measures contributing to the objectives of the Instrument.

| (19) | Voluntary contributions by the Member States should be irrevocable, unconditional and on demand. For that purpose, the Member States should enter into a contribution agreement within the meaning of Article 22(2) of the Financial Regulation with the Commission. Such contribution agreement should cover the contribution to the interest rate subsidy and, should the Member States wish to provide them, also additional amounts. |
| --- | --- |

(19)

Voluntary contributions by the Member States should be irrevocable, unconditional and on demand. For that purpose, the Member States should enter into a contribution agreement within the meaning of Article 22(2) of the Financial Regulation with the Commission. Such contribution agreement should cover the contribution to the interest rate subsidy and, should the Member States wish to provide them, also additional amounts.

| (20) | The support under the Instrument should be made available under the precondition that Ukraine continue to respect effective democratic mechanisms and its institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights. |
| --- | --- |

(20)

The support under the Instrument should be made available under the precondition that Ukraine continue to respect effective democratic mechanisms and its institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights.

| (21) | The support under the Instrument should be linked to policy conditions to be set out in a MoU. Those conditions should also include commitments to strengthen the country’s economic performance and resilience, the business environment, facilitate critical reconstruction and address challenges in the energy sector. |
| --- | --- |

(21)

The support under the Instrument should be linked to policy conditions to be set out in a MoU. Those conditions should also include commitments to strengthen the country’s economic performance and resilience, the business environment, facilitate critical reconstruction and address challenges in the energy sector.

| (22) | The policy conditions should be complemented by stringent reporting requirements, aiming to ensure that the funds are used in an efficient, transparent and accountable manner. |
| --- | --- |

(22)

The policy conditions should be complemented by stringent reporting requirements, aiming to ensure that the funds are used in an efficient, transparent and accountable manner.

| (23) | In view of the situation in Ukraine, it is appropriate to provide for a mid-term review of the MoU. |
| --- | --- |

(23)

In view of the situation in Ukraine, it is appropriate to provide for a mid-term review of the MoU.

| (24) | The support under the Instrument should be released subject to the respect of preconditions, satisfactory implementation and progress towards the implementation of the policy conditions. |
| --- | --- |

(24)

The support under the Instrument should be released subject to the respect of preconditions, satisfactory implementation and progress towards the implementation of the policy conditions.

| (25) | It is appropriate to provide for the possibility to reassess the funding needs of Ukraine and to reduce, suspend or cancel the support if those needs decrease fundamentally during the period of the disbursement of the support under the Instrument compared to the initial projections. It is also appropriate to provide for the possibility to suspend or cancel the disbursements in case the requirements for the release of the support under the Instrument are not fulfilled. |
| --- | --- |

(25)

It is appropriate to provide for the possibility to reassess the funding needs of Ukraine and to reduce, suspend or cancel the support if those needs decrease fundamentally during the period of the disbursement of the support under the Instrument compared to the initial projections. It is also appropriate to provide for the possibility to suspend or cancel the disbursements in case the requirements for the release of the support under the Instrument are not fulfilled.

| (26) | In the context of Ukraine’s urgent financing needs, it is appropriate to organise the financial assistance under the diversified funding strategy provided for in Article 220a of the Financial Regulation and established as a single funding method therein, which is expected to enhance the liquidity of Union bonds and the attractiveness and cost-effectiveness of Union issuance. |
| --- | --- |

(26)

In the context of Ukraine’s urgent financing needs, it is appropriate to organise the financial assistance under the diversified funding strategy provided for in Article 220a of the Financial Regulation and established as a single funding method therein, which is expected to enhance the liquidity of Union bonds and the attractiveness and cost-effectiveness of Union issuance.

| (27) | Given the difficult situation of Ukraine caused by Russia’s war of aggression and to support Ukraine on its long-term stability path, it is appropriate to provide loans to Ukraine on highly concessional terms with a maximum duration of 35 years and to not start the repayment of the principal before 2033. It is also appropriate to derogate from Article 220(5), point (e), of the Financial Regulation and to allow the Union the possibility to cover the interest rate costs and to waive the administrative costs that would otherwise be borne by Ukraine. The interest rate subsidy should be granted as an instrument deemed appropriate to ensure the effectiveness of the support under the Instrument within the meaning of Article 220(1) of the Financial Regulation. It should be financed from additional voluntary contributions by the Member States and should become available gradually as the agreements with the Member States enter into force. |
| --- | --- |

(27)

Given the difficult situation of Ukraine caused by Russia’s war of aggression and to support Ukraine on its long-term stability path, it is appropriate to provide loans to Ukraine on highly concessional terms with a maximum duration of 35 years and to not start the repayment of the principal before 2033. It is also appropriate to derogate from Article 220(5), point (e), of the Financial Regulation and to allow the Union the possibility to cover the interest rate costs and to waive the administrative costs that would otherwise be borne by Ukraine. The interest rate subsidy should be granted as an instrument deemed appropriate to ensure the effectiveness of the support under the Instrument within the meaning of Article 220(1) of the Financial Regulation. It should be financed from additional voluntary contributions by the Member States and should become available gradually as the agreements with the Member States enter into force.

| (28) | It should be possible for Ukraine to request the interest rate subsidy and the waiver of administrative costs each year. |
| --- | --- |

(28)

It should be possible for Ukraine to request the interest rate subsidy and the waiver of administrative costs each year.

| (29) | The financial liability from loans under this Regulation should not be supported by the External Action Guarantee, by derogation from Article 31(3), second sentence, of Regulation (EU) 2021/947. Support under the Instrument should constitute financial assistance within the meaning of Article 220(1) of the Financial Regulation. In considering the financial risks and the budgetary coverage, no provisioning should be constituted for the financial assistance in the form of loans under the Instrument and, by derogation from Article 211(1) of the Financial Regulation, no provisioning rate as a percentage of the amount referred to in Article 4(1) of this Regulation should be set. |
| --- | --- |

(29)

The financial liability from loans under this Regulation should not be supported by the External Action Guarantee, by derogation from Article 31(3), second sentence, of Regulation (EU) 2021/947. Support under the Instrument should constitute financial assistance within the meaning of Article 220(1) of the Financial Regulation. In considering the financial risks and the budgetary coverage, no provisioning should be constituted for the financial assistance in the form of loans under the Instrument and, by derogation from Article 211(1) of the Financial Regulation, no provisioning rate as a percentage of the amount referred to in Article 4(1) of this Regulation should be set.

| (30) | Council Regulation (EU, Euratom) 2020/2093 (12) currently does not allow for coverage of the financial liability arising from loans under the Instrument. Pending its possible amendment, which would allow, as a guarantee, the mobilisation of budgetary resources over and above the multiannual financial framework (MFF) ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Council Decision (EU, Euratom) 2020/2053 (13), it is appropriate to seek an alternative solution providing additional resources. |
| --- | --- |

(30)

Council Regulation (EU, Euratom) 2020/2093 (12) currently does not allow for coverage of the financial liability arising from loans under the Instrument. Pending its possible amendment, which would allow, as a guarantee, the mobilisation of budgetary resources over and above the multiannual financial framework (MFF) ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Council Decision (EU, Euratom) 2020/2053 (13), it is appropriate to seek an alternative solution providing additional resources.

| (31) | Voluntary contributions by Member States in the form of guarantees have been identified as an appropriate tool to provide the protection allowing the borrowing and lending operations under this Regulation. The Member States’ guarantees should constitute an appropriate safeguard ensuring the Union’s ability to repay the borrowings supporting the loans under the Instrument. |
| --- | --- |

(31)

Voluntary contributions by Member States in the form of guarantees have been identified as an appropriate tool to provide the protection allowing the borrowing and lending operations under this Regulation. The Member States’ guarantees should constitute an appropriate safeguard ensuring the Union’s ability to repay the borrowings supporting the loans under the Instrument.

| (32) | The guarantees provided by Member States should cover the support under the Instrument in the form of loans of up to EUR 18 000 000 000. It is important that Member States complete the applicable national procedures to provide the guarantees as a matter of the utmost priority. Given the urgency of the situation, the time needed for the completion of those procedures should not delay the disbursement of the required financial support to Ukraine in the form of loans under this Regulation. At the same time, the financial support under the Instrument in the form of loans should be made available progressively, as the guarantees provided by Member States enter into force. In view of the principle of sound financial management and prudence, the Commission should arrange the loans taking due consideration of its credit standing. However, the support should become available for the full amount of up to EUR 18 000 000 000 as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, which provides for a guarantee of the loans under the Instrument under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053. |
| --- | --- |

(32)

The guarantees provided by Member States should cover the support under the Instrument in the form of loans of up to EUR 18 000 000 000. It is important that Member States complete the applicable national procedures to provide the guarantees as a matter of the utmost priority. Given the urgency of the situation, the time needed for the completion of those procedures should not delay the disbursement of the required financial support to Ukraine in the form of loans under this Regulation. At the same time, the financial support under the Instrument in the form of loans should be made available progressively, as the guarantees provided by Member States enter into force. In view of the principle of sound financial management and prudence, the Commission should arrange the loans taking due consideration of its credit standing. However, the support should become available for the full amount of up to EUR 18 000 000 000 as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, which provides for a guarantee of the loans under the Instrument under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053.

| (33) | The Member States’ guarantees should be irrevocable, unconditional and on demand. Those guarantees should ensure the Union’s ability to repay the funds borrowed on the capital markets or from financial institutions. The guarantees should cease to be callable as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, which provides for a guarantee of the loans under the Instrument under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053. The guarantees should be called in the event that the Union does not receive a timely payment from Ukraine in respect of the loans under the Instrument, including, in particular, in cases of changes to the payment schedule for any reason whatsoever as well as expected and unexpected non-payments. |
| --- | --- |

(33)

The Member States’ guarantees should be irrevocable, unconditional and on demand. Those guarantees should ensure the Union’s ability to repay the funds borrowed on the capital markets or from financial institutions. The guarantees should cease to be callable as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, which provides for a guarantee of the loans under the Instrument under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053. The guarantees should be called in the event that the Union does not receive a timely payment from Ukraine in respect of the loans under the Instrument, including, in particular, in cases of changes to the payment schedule for any reason whatsoever as well as expected and unexpected non-payments.

| (34) | Amounts recovered under the loan agreements in respect of the loans under the Instrument should be reimbursed to the Member States that have honoured the guarantee calls, by derogation from Article 211(4), point (c), of the Financial Regulation. |
| --- | --- |

(34)

Amounts recovered under the loan agreements in respect of the loans under the Instrument should be reimbursed to the Member States that have honoured the guarantee calls, by derogation from Article 211(4), point (c), of the Financial Regulation.

| (35) | Before calling on the guarantees provided by the Member States, the Commission, at its sole discretion and responsibility as the Union institution entrusted with the implementation of the general budget of the Union in accordance with Article 317 of the Treaty on the Functioning of the European Union, should examine all measures available under the diversified funding strategy provided for in Article 220a of the Financial Regulation, in accordance with the limits set out in this Regulation. In the relevant call on guarantees, the Commission should inform the Member States about the examination, as appropriate. |
| --- | --- |

(35)

Before calling on the guarantees provided by the Member States, the Commission, at its sole discretion and responsibility as the Union institution entrusted with the implementation of the general budget of the Union in accordance with Article 317 of the Treaty on the Functioning of the European Union, should examine all measures available under the diversified funding strategy provided for in Article 220a of the Financial Regulation, in accordance with the limits set out in this Regulation. In the relevant call on guarantees, the Commission should inform the Member States about the examination, as appropriate.

| (36) | The relative share of the contributions of each Member State (contribution key) to the overall guaranteed amount should correspond to the relative shares of Member States in the total gross national income (GNI) of the Union. The calls on the guarantees should be made pro rata, applying the contribution key. Until all the guarantee agreements between the Commission and the Member States enter into force, the contribution key should be proportionately adjusted on a temporary basis. |
| --- | --- |

(36)

The relative share of the contributions of each Member State (contribution key) to the overall guaranteed amount should correspond to the relative shares of Member States in the total gross national income (GNI) of the Union. The calls on the guarantees should be made pro rata, applying the contribution key. Until all the guarantee agreements between the Commission and the Member States enter into force, the contribution key should be proportionately adjusted on a temporary basis.

| (37) | It is appropriate that the Commission and Ukraine conclude a loan agreement for the loan support, within the framework of the conditions set out in the MoU. In order to ensure that the Union’s financial interests linked to the support under the Instrument are protected efficiently, Ukraine should take appropriate measures regarding the prevention of and fight against fraud, corruption and any other irregularities linked to that support. In addition, provision should be made in the loan agreement and in the financing agreement for the Commission to carry out checks, for the Court of Auditors to carry out audits and for the European Public Prosecutor’s Office to exercise its competences, in accordance with Articles 129 and 220 of the Financial Regulation. |
| --- | --- |

(37)

It is appropriate that the Commission and Ukraine conclude a loan agreement for the loan support, within the framework of the conditions set out in the MoU. In order to ensure that the Union’s financial interests linked to the support under the Instrument are protected efficiently, Ukraine should take appropriate measures regarding the prevention of and fight against fraud, corruption and any other irregularities linked to that support. In addition, provision should be made in the loan agreement and in the financing agreement for the Commission to carry out checks, for the Court of Auditors to carry out audits and for the European Public Prosecutor’s Office to exercise its competences, in accordance with Articles 129 and 220 of the Financial Regulation.

| (38) | Since the objective of this Regulation, namely to contribute to closing the funding gap of Ukraine in 2023, notably by providing highly concessional short-term relief to Ukraine’s State budget in a predictable, continuous, orderly and timely manner, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(38)

Since the objective of this Regulation, namely to contribute to closing the funding gap of Ukraine in 2023, notably by providing highly concessional short-term relief to Ukraine’s State budget in a predictable, continuous, orderly and timely manner, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (39) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (14). |
| --- | --- |

(39)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (14).

| (40) | In view of the urgency entailed by the exceptional circumstances caused by Russia’s unprovoked and unjustified war of aggression, it is considered to be appropriate to invoke the exception to the eight-week period provided for in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. |
| --- | --- |

(40)

In view of the urgency entailed by the exceptional circumstances caused by Russia’s unprovoked and unjustified war of aggression, it is considered to be appropriate to invoke the exception to the eight-week period provided for in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

| (41) | In light of the situation in Ukraine, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union, |
| --- | --- |

(41)

In light of the situation in Ukraine, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

UNION SUPPORT TO UKRAINE

SECTION 1

General provisions

Article 1

Subject matter

1.   This Regulation establishes an instrument for providing Union support to Ukraine (macro-financial assistance +) (the ‘Instrument’) in the form of loans, non-repayable support and an interest rate subsidy.

2.   It lays down the objectives of the Instrument, its financing, the forms of Union funding under it and the rules for providing such funding.

Article 2

Objectives of the Instrument

1.   The general objective of the Instrument shall be to provide short-term financial relief to Ukraine in a predictable, continuous, orderly and timely manner, financing of rehabilitation and initial support towards post-war reconstruction, where appropriate, with a view to supporting Ukraine on its path towards European integration.

2.   To reach the general objective, the main specific objectives shall in particular be to support:

| (a) | macro-financial stability, and to ease Ukraine’s external and internal financing constraints; |
| --- | --- |

(a)

macro-financial stability, and to ease Ukraine’s external and internal financing constraints;

| (b) | a reform agenda gearing towards the early preparatory phase of the pre-accession process, as appropriate, including strengthening Ukraine’s institutions, reforming and reinforcing the effectiveness of public administration as well as transparency, structural reforms and good governance at all levels; |
| --- | --- |

(b)

a reform agenda gearing towards the early preparatory phase of the pre-accession process, as appropriate, including strengthening Ukraine’s institutions, reforming and reinforcing the effectiveness of public administration as well as transparency, structural reforms and good governance at all levels;

| (c) | rehabilitation of critical functions and infrastructure and relief for people in need. |
| --- | --- |

(c)

rehabilitation of critical functions and infrastructure and relief for people in need.

Article 3

Areas of support

To achieve its objectives, the Instrument shall support notably the following:

| (a) | the financing of Ukraine’s funding needs, with a view to maintaining the macro-financial stability of the country; |
| --- | --- |

(a)

the financing of Ukraine’s funding needs, with a view to maintaining the macro-financial stability of the country;

| (b) | rehabilitation, for instance in restoring critical infrastructure, such as energy infrastructure, water systems, transport networks, internal roads or bridges, or in strategic economic sectors and social infrastructure, such as healthcare facilities, schools, and housing for relocated persons, including temporary and social housing; |
| --- | --- |

(b)

rehabilitation, for instance in restoring critical infrastructure, such as energy infrastructure, water systems, transport networks, internal roads or bridges, or in strategic economic sectors and social infrastructure, such as healthcare facilities, schools, and housing for relocated persons, including temporary and social housing;

| (c) | sectoral and institutional reforms, including anti-corruption and judicial reforms, respect for the rule of law, good governance, and modernisation of the national and local institutions; |
| --- | --- |

(c)

sectoral and institutional reforms, including anti-corruption and judicial reforms, respect for the rule of law, good governance, and modernisation of the national and local institutions;

| (d) | preparation for the reconstruction of Ukraine; |
| --- | --- |

(d)

preparation for the reconstruction of Ukraine;

| (e) | support for the alignment of the regulatory framework of Ukraine to that of the Union and Ukraine’s integration into the single market, as well as strengthening economic development and improving competitiveness; |
| --- | --- |

(e)

support for the alignment of the regulatory framework of Ukraine to that of the Union and Ukraine’s integration into the single market, as well as strengthening economic development and improving competitiveness;

| (f) | the strengthening of Ukraine’s administrative capacity through appropriate means, including the use of technical assistance. |
| --- | --- |

(f)

the strengthening of Ukraine’s administrative capacity through appropriate means, including the use of technical assistance.

Article 4

Available support under the Instrument

1.   The support under the Instrument in the form of loans, shall be available, subject to Article 5, for an amount of up to EUR 18 000 000 000 for the period from 1 January 2023 to 31 December 2023 with possible disbursement until 31 March 2024.

The support shall become available progressively, as Member States’ guarantees enter into force in accordance with Article 5(4), while never exceeding the amounts covered by those guarantee agreements.

However, as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, that provides for a guarantee of the loans referred to in the first subparagraph of this paragraph under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053, the second subparagraph of this paragraph shall cease to apply and the support referred to in the first subparagraph of this paragraph shall become available in full.

2.   Additional support under the Instrument for the period from 1 January 2023 to 31 December 2027 shall also be available, subject to Article 7(1), for covering the expenditure pursuant to Article 17. This additional support may be available beyond 31 December 2027 subject to Article 7(1).

3.   Additional amounts available in accordance with Article 7(2) and (4) of this Regulation may be implemented as non-repayable support where provided for in the MoU to be concluded in accordance with Article 9 of this Regulation or in accordance with Regulations (EU) 2021/947 and (EC) No 1257/96 to finance measures achieving the objectives referred to in Article 2(2), points (b) and (c), of this Regulation in accordance with the rules of those Regulations.

4.   The amounts referred to in paragraph 3 may cover support expenditure for the implementation of the Instrument and for the achievement of its objectives, including administrative support associated with the preparation, follow-up, monitoring, control, audit and evaluation activities necessary for such implementation, as well as expenditure at headquarters and Union delegations for the administrative and coordination support needed for the Instrument, and to manage operations financed under the Instrument, including information and communication actions, and corporate information technology systems.

Article 5

Contributions in the form of guarantees by Member States

1.   Member States may contribute by providing guarantees of up to a total amount of EUR 18 000 000 000 in respect of the support under the Instrument in the form of loans referred to in Article 4(1).

2.   Where contributions from the Member States are made, they shall be provided in the form of irrevocable, unconditional and on-demand guarantees through a guarantee agreement to be concluded with the Commission, in accordance with Article 6.

3.   The relative share of the contribution of the Member State concerned (contribution key) to the amount referred to in paragraph 1 of this Article shall correspond to the relative share of that Member State in the total GNI of the Union, as resulting from heading ‘General Revenue’ of the budget for 2023, Part A (‘Financing of the Union’s annual budget, Introduction’), Table 4, column (1), set out in the general budget of the Union for the financial year 2023, as definitively adopted on 23 November 2022.

4.   The guarantees shall become effective in respect of each Member State as of the date of entry into force of the guarantee agreement, referred to in Article 6, between the Commission and the Member State concerned.

5.   Amounts resulting from calls on the guarantees shall constitute external assigned revenue in accordance with Article 21(2), point (a)(ii), of the Financial Regulation for the repayment of financial liabilities from the support under the Instrument in the form of loans referred to in Article 4(1) of this Regulation.

6.   Before calling on guarantees provided by the Member States, the Commission, at its sole discretion and responsibility, shall examine all measures available under the diversified funding strategy provided for in Article 220a of the Financial Regulation, in accordance with the limits set out in this Regulation. Such examination shall not affect the irrevocable, unconditional and on-demand nature of the guarantees provided pursuant to paragraph 2 of this Article. In the call on guarantees, the Commission shall inform the Member States about the examination, as appropriate.

7.   By way of derogation from Article 211(4), point (c), of the Financial Regulation, amounts recovered from Ukraine in respect of the support under the Instrument in the form of loans referred to in Article 4(1) of this Regulation shall be reimbursed to those Member States up to the amount of the guarantee calls honoured by Member States pursuant to Article 6, point (a), of this Regulation.

Article 6

Guarantee agreements

The Commission shall conclude a guarantee agreement with each Member State that provides a guarantee referred to in Article 5. That agreement shall set out the rules governing the guarantee, which shall be the same for all Member States, including, in particular, provisions:

| (a) | establishing the obligation of the Member States to honour guarantee calls made by the Commission in respect of the support under the Instrument in the form of loans referred to in Article 4(1); |
| --- | --- |

(a)

establishing the obligation of the Member States to honour guarantee calls made by the Commission in respect of the support under the Instrument in the form of loans referred to in Article 4(1);

| (b) | ensuring that the guarantee calls are made pro rata, applying the contribution key referred to in Article 5(3); on a temporary basis, the contribution key shall be proportionately adjusted until all the guarantee agreements between the Commission and the Member States enter into force in accordance with Article 5(4); |
| --- | --- |

(b)

ensuring that the guarantee calls are made pro rata, applying the contribution key referred to in Article 5(3); on a temporary basis, the contribution key shall be proportionately adjusted until all the guarantee agreements between the Commission and the Member States enter into force in accordance with Article 5(4);

| (c) | providing that the guarantee calls ensure the Union’s ability to repay the funds borrowed, pursuant to Article 16(1), on the capital markets or from financial institutions following a non-payment by Ukraine, including cases of changes to the payment schedule for any reason whatsoever as well as expected and unexpected non-payments; |
| --- | --- |

(c)

providing that the guarantee calls ensure the Union’s ability to repay the funds borrowed, pursuant to Article 16(1), on the capital markets or from financial institutions following a non-payment by Ukraine, including cases of changes to the payment schedule for any reason whatsoever as well as expected and unexpected non-payments;

| (d) | ensuring that where a Member State fails, in full or in part, to honour a guarantee call in time, the Commission, in order to cover for the part corresponding to the Member State concerned, shall have the right to make additional guarantee calls on guarantees provided by other Member States. Such additional calls shall be made pro rata to the relative share of each of the other Member States in the GNI of the Union as referred to in Article 5(3) and adapted without taking into account the relative share of the Member State concerned. The Member State which failed to honour the guarantee call shall remain liable to honour it, and shall also be liable for any resulting costs. The other Member States shall be reimbursed any additional contributions from the amounts recovered by the Commission from the Member State which failed to honour a call. The guarantee called from a Member State shall be limited, in all circumstances, to the overall amount of guarantee contributed by that Member State under the guarantee agreement; |
| --- | --- |

(d)

ensuring that where a Member State fails, in full or in part, to honour a guarantee call in time, the Commission, in order to cover for the part corresponding to the Member State concerned, shall have the right to make additional guarantee calls on guarantees provided by other Member States. Such additional calls shall be made pro rata to the relative share of each of the other Member States in the GNI of the Union as referred to in Article 5(3) and adapted without taking into account the relative share of the Member State concerned. The Member State which failed to honour the guarantee call shall remain liable to honour it, and shall also be liable for any resulting costs. The other Member States shall be reimbursed any additional contributions from the amounts recovered by the Commission from the Member State which failed to honour a call. The guarantee called from a Member State shall be limited, in all circumstances, to the overall amount of guarantee contributed by that Member State under the guarantee agreement;

| (e) | regarding the payment conditions; |
| --- | --- |

(e)

regarding the payment conditions;

| (f) | ensuring that the guarantee shall cease to be callable as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, which provides for a guarantee of the loans referred to in Article 4(1) of this Regulation under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053. |
| --- | --- |

(f)

ensuring that the guarantee shall cease to be callable as of the date of application of an amendment to Regulation (EU, Euratom) 2020/2093, or its successor, which provides for a guarantee of the loans referred to in Article 4(1) of this Regulation under the Union budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053.

Article 7

Contributions by Member States and third parties

1.   Member States may contribute to the Instrument with the amounts referred to in Article 4(2). The relative share of the contribution of the Member State concerned to those amounts shall correspond to the relative share of that Member State in the total GNI of the Union. For the contributions for year n, the GNI-based relative share shall be calculated as the share in the total GNI of the Union, as resulting from the respective column in the revenue part of the last annual Union budget or amending annual Union budget adopted for the year n-1.

The support under the Instrument under this paragraph shall become available in respect of any amount set in an agreement between the Commission and the respective Member State after that agreement enters into force.

2.   Member States may contribute to the Instrument with additional amounts as referred to in Article 4(3).

3.   The contributions referred to in paragraphs 1 and 2 of this Article shall constitute external assigned revenue in accordance with Article 21(2), point (a)(ii), of the Financial Regulation.

4.   Interested third countries and parties may also contribute to non-repayable support under the Instrument with additional amounts referred to in Article 4(3), of this Regulation in particular related to the specific objectives referred to in Article 2(2), points (b) and (c), of this Regulation. Those contributions shall constitute external assigned revenue in accordance with Article 21(2), points (d) and (e), of the Financial Regulation.

SECTION 2

SECTION 2

Conditions for support under the Instrument

Conditions for support under the Instrument

Article 8

Precondition for the support under the Instrument

1.   A precondition for granting the support under the Instrument shall be that Ukraine continue to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights.

2.   The Commission and the European External Action Service shall monitor the fulfilment of the precondition set out in paragraph 1 throughout the period of the support provided under the Instrument, in particular before disbursements are made, taking, as appropriate, duly into account the Commission’s regular enlargement report. The circumstances in Ukraine and the consequences of the application there of martial law shall also be taken account.

3.   Paragraphs 1 and 2 of this Article shall apply in accordance with Council Decision 2010/427/EU (15).

Article 9

Memorandum of Understanding

1.   The Commission shall conclude a memorandum of understanding (MoU) with Ukraine which shall in particular establish the policy conditions, the indicative financial planning and the reporting requirements as referred to in Article 10 to which the Union support under the Instrument is to be linked.

The policy conditions shall be linked, as appropriate, in the context of the overall situation in Ukraine, to the objectives and their implementation referred to respectively in Articles 2 and 3 and to the precondition set out in Article 8. They shall include commitment to the principles of sound financial management with focus on anti-corruption, fight against organised crime, anti-fraud and avoidance of conflict of interests and the establishment of a transparent and accountable framework for the management of rehabilitation and, where appropriate, reconstruction.

2.   The MoU may be reviewed by the Commission at mid-term. The Commission may amend the MoU following the review.

3.   The MoU shall be adopted and amended in accordance with the examination procedure referred to in Article 19(2).

Article 10

Reporting requirements

1.   Reporting requirements for Ukraine shall be included in the MoU and shall ensure, in particular, the efficiency, transparency and accountability of the use of the support provided under the Instrument.

2.   The Commission shall verify, at regular intervals, the implementation of the reporting requirements and the progress made towards fulfilling the policy conditions set out in the MoU. The Commission shall inform the European Parliament and the Council of the results of that verification.

SECTION 3

SECTION 3

Release of the support under the Instrument, assessment and information obligations

Release of the support under the Instrument, assessment and information obligations

Article 11

Release of the support under the Instrument

1.   Subject to the requirements referred to in Article 12, the support under the Instrument shall be made available by the Commission in instalments. The Commission shall decide on the timeframe for the disbursement of each instalment. An instalment may be disbursed in one or more tranches.

2.   The release of the support under the Instrument shall be managed by the Commission based on its assessment of the implementation of the policy conditions included in the MoU.

Article 12

Decision on release of the support under the Instrument

1.   Ukraine shall submit a request for funds ahead of the disbursement of each instalment, accompanied by a report in accordance with the provisions of the MoU.

2.   The Commission shall decide on the release of the instalments subject to its assessment of the following requirements:

| (a) | respect for the precondition set out in Article 8; |
| --- | --- |

(a)

respect for the precondition set out in Article 8;

| (b) | the satisfactory implementation of the reporting requirements agreed in the MoU; |
| --- | --- |

(b)

the satisfactory implementation of the reporting requirements agreed in the MoU;

| (c) | satisfactory progress towards the implementation of the policy conditions set out in the MoU. |
| --- | --- |

(c)

satisfactory progress towards the implementation of the policy conditions set out in the MoU.

3.   Before the maximum amount of the support under the Instrument is disbursed, the Commission shall verify the fulfilment of all the policy conditions set out in the MoU.

Article 13

Reduction, suspension and cancellation of the support under the Instrument

1.   If the funding needs of Ukraine decrease fundamentally during the period of the disbursement of the Union’s support under the Instrument compared to the initial projections, the Commission may reduce the amount of the support, suspend it or cancel it.

2.   Where the requirements set out in Article 12(2) are not met, the Commission shall suspend or cancel the disbursement of the support under the Instrument.

Article 14

Assessment of implementation of the support under the Instrument

During the implementation of the Instrument, the Commission shall assess, by means of an operational assessment, which may be conducted together with the operational assessment provided for under Decisions (EU) 2022/1201 and (EU) 2022/1628, the soundness of Ukraine’s financial arrangements, the administrative procedures, and the internal and external control mechanisms which are relevant to the support under the Instrument.

Article 15

Information to the European Parliament and to the Council

The Commission shall inform the European Parliament and the Council of developments regarding the Union support under the Instrument, including disbursements thereof, and developments in the operations referred to in Article 11, and shall provide those institutions with the relevant documents in due time. In case of suspension or cancellation pursuant to Article 13(2), it shall without delay inform the European Parliament and the Council of the reasons for the suspension or cancellation.

CHAPTER II

SPECIFIC PROVISIONS RELATED TO THE IMPLEMENTATION OF THE SUPPORT

SPECIFIC PROVISIONS RELATED TO THE IMPLEMENTATION OF THE SUPPORT

Article 16

Borrowing and lending operations

1.   In order to finance the support under the Instrument in the form of loans, the Commission shall be empowered, on behalf of the Union, to borrow the necessary funds on the capital markets or from financial institutions in accordance with Article 220a of the Financial Regulation.

2.   The detailed terms of the support under the Instrument in the form of loans shall be laid down in a loan agreement in accordance with Article 220 of the Financial Regulation, to be concluded between the Commission and Ukraine. The loans shall have a maximum duration of 35 years.

3.   By derogation from Article 31(3), second sentence, of Regulation (EU) 2021/947, macro-financial assistance provided to Ukraine in the form of loans under the Instrument shall not be supported by the External Action Guarantee.

No provisioning for the loans under this Regulation shall be constituted and, by derogation from Article 211(1) of the Financial Regulation, no provisioning rate as a percentage of the amount referred to in Article 4(1) of this Regulation shall be set.

Article 17

Interest rate subsidy

1.   By derogation from Article 220(5), point (e), of the Financial Regulation and subject to available resources, the Union may bear interest by granting an interest rate subsidy and cover administrative costs related to the borrowing and lending, with the exception of costs related to early repayment of the loan, in respect of the loans under this Regulation.

2.   Ukraine may request the interest rate subsidy and coverage of the administrative costs by the Union each year.

Article 18

Financing agreement for non-repayable support

The detailed terms of the non-repayable support referred to in Article 4(3) of this Regulation shall be laid down in a financing agreement to be concluded between the Commission and Ukraine. By derogation from Article 220(5) of the Financial Regulation, the financing agreement shall contain only provisions referred to in Article 220(5), points (a), (b) and (c), thereof. The financing agreement shall include provisions on the protection of the Union’s financial interests, checks, audits, prevention of fraud and other irregularities, and the recovery of funds.

CHAPTER III

COMMON AND FINAL PROVISIONS

COMMON AND FINAL PROVISIONS

Article 19

Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 20

Annual report

1.   The Commission shall submit to the European Parliament and to the Council, an assessment of the implementation of Chapter I of this Regulation, including an evaluation of that implementation. That report shall:

| (a) | examine the progress made in implementing the Union’s support under the Instrument; |
| --- | --- |

(a)

examine the progress made in implementing the Union’s support under the Instrument;

| (b) | assess the economic situation and prospects of Ukraine, as well as the implementation of the requirements and conditions referred to in Section 2 of Chapter I of this Regulation; |
| --- | --- |

(b)

assess the economic situation and prospects of Ukraine, as well as the implementation of the requirements and conditions referred to in Section 2 of Chapter I of this Regulation;

| (c) | indicate the connection between the requirements and conditions set out in the MoU, Ukraine’s ongoing macro-financial situation and the Commission’s decisions to release the instalments of the support under the Instrument. |
| --- | --- |

(c)

indicate the connection between the requirements and conditions set out in the MoU, Ukraine’s ongoing macro-financial situation and the Commission’s decisions to release the instalments of the support under the Instrument.

2.   Not later than two years after the end of the availability period, the Commission shall submit to the European Parliament and to the Council an ex-post evaluation report, assessing the results and efficiency of the completed Union’s support under the Instrument and the extent to which it has contributed to the aims of the assistance.

Article 21

Final provisions

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 24 November 2022 (not yet published in the Official Journal) and position of the Council at first reading of 10 December 2022 (not yet published in the Official Journal). Position of the European Parliament of ... (not yet published in the Official Journal).

1

(2)  Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014, p. 3).

2

(3)  Decision (EU) 2022/313 of the European Parliament and of the Council of 24 February 2022 providing macro-financial assistance to Ukraine (OJ L 55, 28.2.2022, p. 4).

3

(4)  Decision (EU) 2022/1201 of the European Parliament and of the Council of 12 July 2022 providing exceptional macro-financial assistance to Ukraine (OJ L 186, 13.7.2022, p. 1).

4

(5)  Decision (EU) 2022/1628 of the European Parliament and of the Council of 20 September 2022 providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by the Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201 (OJ L 245, 22.9.2022, p. 1).

5

(6)  Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, p. 14).

6

(7)  Council Decision (CFSP) 2022/1968 of 17 October 2022 on a European Union Military Assistance Mission in support of Ukraine (EUMAM Ukraine) (OJ L 270, 18.10.2022, p. 85).

7

(8)  Regulation (EU) 2021/836 of the European Parliament and the Council of 20 May 2021 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (OJ L 185, 26.5.2021, p. 1).

8

(9)  Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).

9

(10)  Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).

10

(11)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

11

(12)  Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).

12

(13)  Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).

13

(14)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

14

(15)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

15

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| 15.12.2022 | EN | Official Journal of the European Union | C 476/27 |
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15.12.2022

EN

Official Journal of the European Union

C 476/27

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Statement of the Council’s reasons: Position (EU) No 4/2022 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +)

(2022/C 476/04)

I.   INTRODUCTION

| 1. | On 9 November 2022, the Commission tabled the proposal for a Regulation of the European Parliament and of the Council establishing an Instrument for providing support to Ukraine for 2023 (macro-financial assistance +) (MFA+ Instrument) (1). The general objective of the MFA+ Instrument is to provide short term financial relief in a predictable, continuous, orderly and timely manner, financing of rehabilitation and initial support towards post-war reconstruction, where appropriate, with a view to supporting Ukraine on its path towards European integration. |
| --- | --- |

1.

| 2. | The European Parliament adopted its position on the MFA+ Instrument at first reading at its plenary session on 24 November 2022 (2) without any amendment to the Commission’s proposal. |
| --- | --- |

2.

| 3. | The Financial Counsellors Working Party examined the proposed MFA+ Instrument in at its meetings on 15 November 2022 and 8 December 2022 and it agreed to introduce amendments to the Commission’s proposal (3). |
| --- | --- |

3.

| 4. | The Permanent Representatives Committee endorsed on 9 December 2022 the Council position at the first reading and suggested it to the Council for adoption. |
| --- | --- |

4.

| 5. | The Council adopted its position at first reading on 10 December 2022, in accordance with the ordinary legislative procedure laid down in Article 294 TFEU (4). |
| --- | --- |

5.

II.   OBJECTIVE

| 6. | Regulation (EU, Euratom) 2020/2093 (5) (MFF Regulation) currently does not allow for coverage of the financial liability arising from loans under the MFA+ Instrument. That is why the proposal for the MFA+ Instrument was part of the package of proposals on financing the support to Ukraine, together with the Commission’s proposal for a Council Regulation amending the MFF Regulation (6) and the Commission’s proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) 2018/1046 as regards the establishment of a diversified funding strategy as a general borrowing method (7).
  Given that it does not seem possible to adopt the proposed amendment to the MFF Regulation timely enough to allow for the coverage of the financial liability arising from the loans under the MFA+ Instrument as proposed by the Commission, it is appropriate to seek an alternative solution that would allow for swift disbursements of the funds to Ukraine. |
| --- | --- |

6.

Given that it does not seem possible to adopt the proposed amendment to the MFF Regulation timely enough to allow for the coverage of the financial liability arising from the loans under the MFA+ Instrument as proposed by the Commission, it is appropriate to seek an alternative solution that would allow for swift disbursements of the funds to Ukraine.

| 7. | Voluntary contributions by Member States in the form of guarantees have been identified as an appropriate tool to provide the protection allowing the borrowing and lending operations under the MFA+ instrument. The Member States’ guarantees would constitute an appropriate safeguard ensuring the Union’s ability to repay the borrowings supporting the loans. Such voluntary guarantees would cease to be callable as of the date of application of an amendment to the MFF Regulation, or its successor, which provides for a guarantee of the loans under the MFA+ Instrument under the Union’s budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053. |
| --- | --- |

7.

III.   ANALYSIS OF THE COUNCIL’S POSITION AT FIRST READING

| 8. | The Council has introduced amendments to Article 4 and introduced two new Articles 5 and 6. The rationale of the modifications is explained in new recitals 30 to 36. |
| --- | --- |

8.

(a)   Available support under the Instrument (Article 4)

| 9. | The support under the MFA+ Instrument would become available progressively, as Member States’ guarantees have entered into force, without exceeding the amounts covered by those guarantee agreements. However, that requirement of making the support progressively availability would cease to apply from the date of application of an amendment to the MFF Regulation, or its successor, which provides for a guarantee of the loans under the MFA+ Instrument under the Union’s budget over and above the MFF ceilings and up to the limits of the ceilings referred to in Article 3(1) and (2) of Decision (EU, Euratom) 2020/2053. |
| --- | --- |

9.

(b)   Guarantees by Member States (Articles 5 and 6)

| 10. | Article 5 foresees a possibility for the Member states to provide irrevocable, unconditional and on-demand guarantees up to a total amount of EUR 18bn in respect of the support under the MFA+ Instrument in the form of loans. The relative share of the contribution of the Member States would correspond to the GNI key. |
| --- | --- |

10.

| 11. | Article 6 sets out the main features of the guarantee agreements to be concluded between the Commission and the Member States. |
| --- | --- |

11.

IV.   CONCLUSION

| 12. | The Council’s position at first reading, while maintaining the initial Commission’s proposal, brings additional elements that would allow a timely disbursement of the financial support to Ukraine, both pending the adoption of the relevant amendment to the MFF as well as from the date of application of such amendment. |
| --- | --- |

12.

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(1)  Doc. ST 14562/22.

(2)  Doc. PE-CONS 63/22.

(3)  Doc. 15231/22.

(4)  Doc. 15727/22.

(5)  Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).

(6)  Doc. 14442/22.

(7)  Doc. 14443/22.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 15.12.2022 | EN | Official Journal of the European Union | C 476/29 |
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Euro exchange rates (1)

14 December 2022

(2022/C 476/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0649 |
| JPY | Japanese yen | 143,68 |
| DKK | Danish krone | 7,4392 |
| GBP | Pound sterling | 0,86118 |
| SEK | Swedish krona | 10,8638 |
| CHF | Swiss franc | 0,9865 |
| ISK | Iceland króna | 150,90 |
| NOK | Norwegian krone | 10,3620 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,276 |
| HUF | Hungarian forint | 406,63 |
| PLN | Polish zloty | 4,6810 |
| RON | Romanian leu | 4,9248 |
| TRY | Turkish lira | 19,8579 |
| AUD | Australian dollar | 1,5510 |
| CAD | Canadian dollar | 1,4441 |
| HKD | Hong Kong dollar | 8,2751 |
| NZD | New Zealand dollar | 1,6508 |
| SGD | Singapore dollar | 1,4349 |
| KRW | South Korean won | 1 379,99 |
| ZAR | South African rand | 18,2563 |
| CNY | Chinese yuan renminbi | 7,4009 |
| HRK | Croatian kuna | 7,5380 |
| IDR | Indonesian rupiah | 16 599,51 |
| MYR | Malaysian ringgit | 4,6765 |
| PHP | Philippine peso | 59,326 |
| RUB | Russian rouble | |
| THB | Thai baht | 36,851 |
| BRL | Brazilian real | 5,6842 |
| MXN | Mexican peso | 20,8635 |
| INR | Indian rupee | 87,8435 |

Currency

Exchange rate

USD

US dollar

1,0649

JPY

Japanese yen

143,68

DKK

Danish krone

7,4392

GBP

Pound sterling

0,86118

SEK

Swedish krona

10,8638

CHF

Swiss franc

0,9865

ISK

Iceland króna

150,90

NOK

Norwegian krone

10,3620

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,276

HUF

Hungarian forint

406,63

PLN

Polish zloty

4,6810

RON

Romanian leu

4,9248

TRY

Turkish lira

19,8579

AUD

Australian dollar

1,5510

CAD

Canadian dollar

1,4441

HKD

Hong Kong dollar

8,2751

NZD

New Zealand dollar

1,6508

SGD

Singapore dollar

1,4349

KRW

South Korean won

1 379,99

ZAR

South African rand

18,2563

CNY

Chinese yuan renminbi

7,4009

HRK

Croatian kuna

7,5380

IDR

Indonesian rupiah

16 599,51

MYR

Malaysian ringgit

4,6765

PHP

Philippine peso

59,326

RUB

Russian rouble

THB

Thai baht

36,851

BRL

Brazilian real

5,6842

MXN

Mexican peso

20,8635

INR

Indian rupee

87,8435

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(1)  Source: reference exchange rate published by the ECB.

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Court of Auditors

| 15.12.2022 | EN | Official Journal of the European Union | C 476/30 |
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Special report 28/2022:

‘Support to mitigate Unemployment Risks in an Emergency (SURE)’

(2022/C 476/06)

The European Court of Auditors has published its special report 28/2022: ‘Support to mitigate Unemployment Risks in an Emergency (SURE) - SURE financing contributed to preserving jobs during the COVID-19 crisis, but its full impact is not known’.

The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=62745

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 15.12.2022 | EN | Official Journal of the European Union | C 476/31 |
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EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 September 2022

Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (1)

(2022/C 476/07)

Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of ESA’s State Aid Guidelines as amended by ESA’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.

Base rates have been determined as follows:

| | Iceland | Liechtenstein | Norway |
| --- | --- | --- | --- |
| 1.9.2022 – | 5,08 | -0,57 | 1,57 |

Iceland

Liechtenstein

Norway

1.9.2022 –

5,08

-0,57

1,57

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(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.

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| 15.12.2022 | EN | Official Journal of the European Union | C 476/32 |
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State aid – Decision to raise no objections

(2022/C 476/08)

The EFTA Surveillance Authority raises no objections to the following state aid measure:

| Date of adoption of the decision | 7 September 2022 |
| --- | --- |
| Case No | 89101 |
| Decision No | 171/22/COL |
| EFTA State | Norway |
| | |
| Title (and/or name of the beneficiary) | The Norwegian CO2 compensation scheme post 2021 |
| Legal basis | A regulation to be adopted by the Norwegian Ministry of Climate and Environment
  The Norwegian national budget, annually adopted by the Parliament (Stortinget) |
| Type of measure | Scheme |
| Objective | Environmental protection |
| Form of aid | Direct grant |
| Budget | 2021: NOK 3,65 billion (estimate)
  Total: NOK 101 billion (estimate) |
| Intensity | Up to 75 % |
| Duration | 1 January 2021 — 31 December 2030 |
| Economic sectors | Sectors and subsectors in Annex I to the EFTA Surveillance Authority’s Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post 2021 |
| Name and address of the granting authority | The Norwegian Environment Agency P.O. Box 5672 Torgarden |
| N-7485 Trondheim |
| NORWAY |

Date of adoption of the decision

7 September 2022

Case No

89101

Decision No

171/22/COL

EFTA State

Norway

Title (and/or name of the beneficiary)

The Norwegian CO2 compensation scheme post 2021

Legal basis

A regulation to be adopted by the Norwegian Ministry of Climate and Environment

The Norwegian national budget, annually adopted by the Parliament (Stortinget)

Type of measure

Scheme

Objective

Environmental protection

Form of aid

Direct grant

Budget

2021: NOK 3,65 billion (estimate)

Total: NOK 101 billion (estimate)

Intensity

Up to 75 %

Duration

1 January 2021 — 31 December 2030

Economic sectors

Sectors and subsectors in Annex I to the EFTA Surveillance Authority’s Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post 2021

Name and address of the granting authority

The Norwegian Environment Agency P.O. Box 5672 Torgarden

N-7485 Trondheim

NORWAY

Other information

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/

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| 15.12.2022 | EN | Official Journal of the European Union | C 476/33 |
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State aid – Decision recording the acceptance of appropriate measures pursuant to Article 1(1) of Part I and Article 19(1) of Part II of Protocol 3 to the Surveillance and Court Agreement proposed in the context of the adoption of new Guidelines on State aid to promote risk finance investments

(2022/C 476/09)

The EFTA Surveillance Authority has proposed appropriate measures, which were accepted by all EFTA States, on the following state aid measure:

| Date of adoption of the decision | 7 September 2022 |
| --- | --- |
| Case No | 86868 |
| Decision No | 177/22/COL |
| EFTA State | All |
| Title | Decision recording the acceptance of appropriate measures pursuant to Article 1(1) of Part I and Article 19(1) of Part II of Protocol 3 to the Surveillance and Court Agreement proposed in the context of the adoption of new Guidelines on State aid to promote risk finance investments |
| Legal basis | EEA Agreement, in particular Articles 61 to 63 and Protocol 26;
  Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘the Surveillance and Court Agreement’), in particular to Article 24 and Articles 5(2)(a) and 5(2)(b);
  Protocol 3 to the Surveillance and Court Agreement, in particular Article 1(1) of Part I and Article 19(1) of Part II |
| Type of measure | Decision recording the acceptance of the proposed appropriate measures |
| Objective | Ensuring that the EFTA States amend, where necessary, their existing risk finance aid schemes, in order to bring them into line with the new Guidelines on State aid to promote risk finance investment |

Date of adoption of the decision

7 September 2022

Case No

86868

Decision No

177/22/COL

EFTA State

All

Title

Decision recording the acceptance of appropriate measures pursuant to Article 1(1) of Part I and Article 19(1) of Part II of Protocol 3 to the Surveillance and Court Agreement proposed in the context of the adoption of new Guidelines on State aid to promote risk finance investments

Legal basis

EEA Agreement, in particular Articles 61 to 63 and Protocol 26;

Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘the Surveillance and Court Agreement’), in particular to Article 24 and Articles 5(2)(a) and 5(2)(b);

Protocol 3 to the Surveillance and Court Agreement, in particular Article 1(1) of Part I and Article 19(1) of Part II

Type of measure

Decision recording the acceptance of the proposed appropriate measures

Objective

Ensuring that the EFTA States amend, where necessary, their existing risk finance aid schemes, in order to bring them into line with the new Guidelines on State aid to promote risk finance investment

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/decisions/

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