Proposal for a COUNCIL IMPLEMENTING DECISION amending Council Implementing Decision (ST 10158/21; ST 10158/21 ADD 1) on the approval of the assessment of the recovery and resilience plan for Germany
Date: 2023-01-19
Institutions: European Commission, Secretariat-General
Subjects: EU aid, EU financing, Germany, coronavirus disease, economic and social cohesion, economic recovery, economic reform, epidemic, investment, structural adjustment

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   EUROPEAN COMMISSION  Brussels, 19.1.2023  COM(2023) 37 final 2023/0011 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION amending Council Implementing Decision (ST 10158/21; ST 10158/21 ADD 1) on the approval of the assessment of the recovery and resilience plan for Germany  
 
2023/0011 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

amending Council Implementing Decision (ST 10158/21; ST 10158/21 ADD 1) on the 
approval of the assessment of the recovery and resilience plan for Germany 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Regulation (EU) 2021/241 of the European Parliament and of the Council of 
12 February 2021 establishing the Recovery and Resilience Facility1, and in particular Article 
21(2) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Following  the  submission  of  the  national  recovery  and  resilience  plan  ('RRP')  by 
Germany on 28 April 2021, the Commission has proposed its  positive assessment to 
the  Council.  The  Council  has  approved  the  positive  assessment  by  means  of  the 
Council Implementing Decision of 13 July 20212.  

Pursuant  to  Article  11(2)  of  Regulation  (EU)  2021/241,  the  maximum  financial 
contribution  for  non-repayable  financial  support  of  each  Member  State  should  be 
updated by 30 June 2022 in accordance with the methodology provided therein. On 30 
June  2022,  the  Commission  presented  the  results  of  that  update  to  the  European 
Parliament and the Council. 

On 9 December 2022, Germany made a reasoned request to the Commission to amend 
the  Council  Implementing  Decision  in  accordance  with  Article  21(1)  of  Regulation 
(EU)  2021/241  considering  the  RRP  to  be  partially  no  longer  achievable  due  to 
objective circumstances. On this basis, Germany has submitted an amended RRP.  

the  digitalisation  of 

The  amended  RRP  submitted  by  Germany  affects  two  measures.  First,  investment 
2.2.4  Promoting 
replacing  conventional 
interlocking/fast-track programmes to speed up the roll-out of ‘Digital Rail Germany’ 
(SLP) under Component 2.2 Digitalisation of the Economy and target with sequential 
number  72.  Second,  investment  5.1.3  Special  programme  to  accelerate  research  and 
development of urgently needed vaccines against SARS-CoV-2 under Component 5.1 
Strengthening  of  a  Pandemic-resilient  healthcare  system  and  targets  with  sequential 
numbers 105 and 106. 

railways  by 

1 
2 

OJ L 57, 18.2.2021, p. 17. . 
ST 10158/21; ST 10158/21 ADD 1, not yet published.  

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(5) 

(6) 

Investment  2.2.4  consists  of  funding  seven  pilot  projects,  aiming  at  developing 
solutions to replace old railway signal boxes and level crossing protection systems by 
security  systems  of  the  latest  digital  generation.  The  amended  RRP  submitted  by 
Germany changes the envisaged implementation timeline for one of the seven projects, 
SLP  Ansbach,  because  of  objective  circumstances.  Germany  has  explained  that 
exceptional delays which occurred during the construction have made the target with 
sequential  number  72  no  longer  fully  achievable  in  the  envisaged  timeline.  Such 
delays  relate  to  the  finding  of  hidden  contaminations  in  the  ground,  followed  by  the 
finding  of  bombs  and  ammunition  resulting  in  the  need  to  change  construction 
technology,  and  finally  the  extremely  high  summer  temperatures  in  2022,  which 
hindered works close to and beneath the tracks. On this basis, Germany has requested 
to  remove  the  SLP  Ansbach  project  from  the  target  with  the  sequential  number  72 
expected to be completed in the fourth quarter of 2021 and put forward a new target 
72A,  expected  to  be  completed  by  the  first  quarter  of  2023,  for  implementing  that 
project. 

The  objectives  of  investment  5.1.3  are  to  support  the  research  and  development  of 
vaccines  against  SARS-CoV-2  in  order  to  reduce  the  severity  and  duration  of  the 
pandemic. The investment consists of financial support to German vaccine producers 
to increase their development and production capacity, and to increase patient numbers 
for clinical trial phases. The amended RRP submitted by Germany modifies the targets 
related  to  the  implementation  of  the  measure  because  of  objective  circumstances. 
Germany has clarified that one out of three vaccine producers participating under the 
special  support  programme  had  been  successful  in  both  research  and  roll-out  of  the 
vaccine, whereas the two other participants did not submit an application for approval 
of their respective vaccine to the European Medicines Agency. This made target with 
sequential  number  105  no  longer  achievable  totally.  Moreover,  Germany  has 
explained that while three companies had received funding under the programme, one 
vaccine  producer  withdrew  from  the  approval  process  to  the  European  Medicines 
Agency  and  another  incurred  important  delays  in  the  achievement  of  prior  defined 
milestones  linked  to  the  stages  of  vaccine  development  (such  as  the  approval  of  a 
specific  clinical  trials  phase  or  the  authorisation  of  the  vaccine)  and  did  not  file  for 
approval either. Germany also stated that the programme’s disbursement of more than 
EUR  591  281  160  is  not  achievable,  making  target  with  sequential  number  106  no 
longer fully achievable. On this basis, Germany has requested to delete the target with 
sequential number 105, which required a second participant under the special research 
programme to submit an application for approval of a vaccine against SARS-CoV-2 to 
the  European  Medicines  Agency.  Germany  has  also  requested  to  modify  the  target 
with sequential number 106 by revising downwards the total amount allocated to the 
measure  from  EUR  750  000  000  to  EUR  591  000  000,  and  also  revising  down  the 
related disbursement target. This amount of EUR 591 000 000 is taken into account as 
the overall estimated cost of the measure. The reduced total estimated cost of the RRP 
should  be  taken  into  account  to  determine  the  financial  contribution,  in  accordance 
with Article 20(4) of Regulation (EU) 2021/241.     

(7) 

The  Commission  considers  that  the  reasons  put  forward  by  Germany  justify  an 
amendment  pursuant  to  Article  21(2)  of  Regulation  (EU)  2021/241.  Pursuant  to 
Article 19 of Regulation (EU) 2021/241, the Commission has assessed the relevance, 
effectiveness,  efficiency  and coherence of the amended RRP, in  accordance with  the 
assessment guidelines set out in Annex V to that Regulation. 

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(8) 

(9) 

The very limited modification put forward by Germany does not affect the relevance, 
effectiveness, efficiency and coherence of the RRP.  

The  assessment  criteria,  notably  those  laid  down  in  Article  19(3),  points  (a),  (b)  (c), 
(d),  (e),  (f),  (g),  (h),  (i),  (j)  and  (k)  of  Regulation  (EU)  2021/241,  are  still  complied 
with, given the targeted nature of the modifications put forward by Germany, relating 
only  to  the  partial  modification  of  two  measures.  Beyond  this  targeted  amendment, 
Germany  has  confirmed  in  writing  to  the  Commission  that  it  intends  to  request  a 
comprehensive  update  of  the  Council  Implementing  Decision  in  accordance  with 
Article  18(2)  of  Regulation  (EU)  2021/241  in  spring  2023,  addressing  all  or  a 
significant  subset  of  challenges 
relevant  country-specific 
identified 
recommendations, and commensurate to the maximum financial contribution for non-
repayable financial support available to Germany under Regulation (EU) 2021/241 as 
of 30 June 2022. 

the 

in 

(10)  Following the positive assessment of the Commission concerning Germany’s amended 
RRP  with  the  finding  that  the  RRP  satisfactorily  complies  with  the  criteria  for 
assessment set out in Regulation (EU) 2021/241, in accordance with Article 20(2) of 
and Annex V to that Regulation, this Decision should set out the amendments to the 
reforms and investment projects necessary to take account of the amended RRP. 
(11)  The estimated total costs of the amended RRP of Germany is EUR 26 360 114 773.3 
As the amended RRP satisfactorily complies with the criteria for assessment set out in 
Regulation (EU) 2021/241 and, furthermore, as this amount of the estimated total costs 
of the amended RRP is  lower than the maximum  financial contribution  available for 
Germany, the financial contribution allocated for Germany’s amended RRP should be 
equal to the total estimated cost of the plan. 

(12)  Council Implementing Decision of 13 July 2021 on the approval of the assessment of 
the  recovery  and  resilience  plan  for  Germany  should  therefore  be  amended 
accordingly, 

HAS ADOPTED THIS DECISION:  

Council  Implementing  Decision  of  13  July  2021  on  the  approval  of  the  assessment  of  the 
recovery and resilience plan for Germany is amended as follows:  

Article 1 

(1) Article 1 is replaced by the following:  

The assessment of the amended RRP of Germany on the basis of the criteria provided for in 
Article 19(3) of Regulation (EU) 2021/241 is approved. The reforms and investment projects 
under the RRP, the arrangements and timetable for the monitoring and implementation of the 
RRP,  including  the  relevant  milestones  and  targets,  the  relevant  indicators  relating  to  the 
fulfilment  of  the  envisaged  milestones  and  targets,  and  the  arrangements  for  providing  full 
access  by  the  Commission  to  the  underlying  relevant  data  are  set  out  in  the  Annex  to  this 
Decision. 

(2) In Article 2, paragraphs 1 and 2 are replaced by the following: 

3 
includes VAT for some measures, while a net value of at least EUR 26 359 833 613 excludes VAT. 

Germany  submitted  two  cost  estimates.  The  amended  RRP’s  gross  value  of  EUR  27  790  882  000 

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1. 

2. 

The Union shall make available to Germany a financial contribution in the form of 
non-repayable support amounting to EUR 26 359 833 613 12. An amount of EUR 16 
291  323  631  shall  be  available  to  be  legally  committed  by  31  December  2022.  A 
further  amount  of  EUR  10  068  509  982  shall  be  available  to  be  legally  committed 
from 1 January 2023 until 31 December 2023. 

The  Union  financial  contribution  shall  be  made  available  by  the  Commission  to 
Germany  in  instalments  in  accordance  with  the  Annex  to  this  Decision.  The 
instalments may be disbursed by the Commission in one or several tranches. The size 
of the tranches shall be subject to the availability of funding. 

(3) The Annex is amended as follows: 

(a) Section 1: Reforms and Investments under the Recovery and Resilience Plan is amended 
as follows: 

(i) in point 1. Description of reforms and investments; E. Component 2.2: Digitalisation of the 
Economy;  E.1.  Description  of  the  reforms  and  investments  for  non-repayable  financial 
support;  2.2.4  Investment:  Promoting  the  digitalisation  of  rail  by  replacing  conventional 
interlocking/fast-track  programmes  to  speed  up  the  roll-out  of  the  ‘Digital  Rail  Germany’ 
(SLP), paragraph 4 is replaced by the following: “The implementation of the investment shall 
be completed by 31 March 2023.” 

(ii) in  point 1. Description of reforms and investments; E. Component 2.2:  Digitalisation of 
the  Economy;  E.2.  Milestones,  targets,  indicators,  and  timetable  for  monitoring  and 
implementation for non-repayable financial support, row 72 is replaced by the following: 

0 

6  Q
4 

20
21 

72 

2.2.4 Promoting 
the digitalisation 
of railways by 
replacing 
conventional 
interlocking/fast
-track 
programmes to 
speed up the 
roll-out of the 
‘Digital Rail 
Germany’ 

- 

Target  Succ
essfu
l 
comp
letio
n of 
pilot 
proje
cts 

Numb
er of 
pilot 
projec
ts 
compl
eted 

Six pilot 
projects of the 
programme, 
aiming at 
developing 
solutions to 
replace old 
signal boxes 
and level 
crossing 
protection 
systems by 
security 
systems of the 
latest digital 
generation 
have been 
completed 
successfully, 
with validation 
in operational 
conditions for 

12 
This amount corresponds to the financial allocation without deduction of Germany’s proportional share 
of the expenses of Article 6(2) of Regulation (EU) 2021/241, calculated in accordance with the methodology of 
Article 11 of that Regulation. 

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at least three of 
them, and 
validation in 
laboratory 
conditions for 
the others. 

(iii) in point 1. Description of reforms and investments; E. Component 2.2: Digitalisation of 
the  Economy;  E.2.  Milestones,  targets,  indicators,  and  timetable  for  monitoring  and 
implementation for non-repayable financial support, following row 72, the following new row 
72A is inserted:  

72A  2.2.4 Promoting 
the digitalisation 
of railways by 
replacing 
conventional 
interlocking/fast
-track 
programmes to 
speed up the 
roll-out of 
‘Digital Rail 
Germany’ 

- 

Target  Succ
essfu
l 
comp
letio
n of 
final 
pilot 
proje
ct 

Numb
er of 
pilot 
projec
ts 
compl
eted 

6 

7  Q
1 

20
23 

The final pilot 
project of the 
programme 
has been 
completed 
successfully 
with validation 
in operational 
conditions. 

(iv) in point 1. Description of reforms and investments; H. Component 5.1 Strengthening of a 
Pandemic-resilient  healthcare  system;  H.2  Milestones,  targets,  indicators,  and  timetable  for 
monitoring and implementation for non-repayable financial support, row 105 is deleted. 

(v) in point 1. Description of reforms and investments; H. Component 5.1 Strengthening of a 
Pandemic-resilient  healthcare  system;  H.2  Milestones,  targets,  indicators,  and  timetable  for 
monitoring and implementation  for non-repayable financial support, row  106 is  replaced by 
the following: 

106  5.1.3 Special 
programme to 
accelerate 
research and 
development of 
urgently 
needed vaccines 
against SARS-
CoV-2  

Target  Disb
urse
ment 
of at 
least 
EUR 
561 
450 
000 
to 
vacci
ne 
resea
rch 
supp
orted 
by 

- 

0 

EUR 
millio
n 

Q
3 

20
22 

5
6
1,
4
5 

Of the EUR 
591 000 000 
allocated to the 
measure, at 
least EUR 561 
450 000 (95% 
of the total 
funding) have 
been disbursed 
to the 
beneficiaries 
for vaccine 
research. 

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this 
speci
al 
progr
amm
e 

(vi) in point 2, Estimated total cost of the recovery and resilience plan, the subparagraph “The 
estimated total cost of the recovery and resilience plan of Germany is EUR 26 518 833 613 17, 
which is higher than the maximum financial contribution. “is replaced by the following: “The 
estimated total cost of Germany’s recovery and resilience plan is EUR 26 359 833 613. 

(b) in Section 2: Financial Support is amended as follows: 

(i) in point 1. Financial contribution, 1.1 First Instalment (non-repayable support), row 105 is 
deleted. 

(ii)  in  point  1.  Financial  contribution,  1.1  First  Instalment  (non-repayable  support),  the 
Instalment amount of “EUR 4 500 328 548” in the final row and column is replaced by “EUR 
4 344 763 676”; 

(iii)  in  point  1.  Financial  contribution,  1.2  Second  Instalment  (non-repayable  support),  the 
following new row is inserted after row 63: 

72A  2.2.4 Promoting the digitalisation of 
railways by replacing conventional 
interlocking/fast-track programmes to 
speed up the roll-out of ‘Digital Rail 
Germany’ 

Target 

Successful completion of final 
project   

(iv)  in  point  1.  Financial  contribution,  1.2  Second  Instalment  (non-repayable  support),  row 
106 is replaced by the following: 

106  5.1.3 Special programme to accelerate 
research and development of urgently 
needed vaccines against SARS-CoV-2 

Target  Disbursement of at least EUR 

561 450 000 to vaccine 
research supported by this 
special programme 

(v)  in  point  1.  Financial  contribution,  1.2  Second  Instalment  (non-repayable  support),  the 
Instalment amount of “EUR 7 284 486 130” in the final row and column is replaced by “EUR 
7 531 239 794”;  

(vi)  in  point  1.  Financial  contribution,  1.3  Third  Instalment  (non-repayable  support),  the 
instalment Amount of “EUR 6 639 217 950” in the final row and column is replaced by “EUR 
6 857 606 743”; 

(vii)  in  point  1.  Financial  contribution,  1.4  Fourth  Instalment  (non-repayable  support),  the 
instalment Amount of “EUR 3 480 124 348” in the final row and column is replaced by “EUR 
3 698 513 141”; 

17 
includes VAT for some measures, while a net value of at least EUR 26 359 833 613 excludes VAT. 

Germany  submitted  two  cost  estimates.  The  amended  RRP’s  gross  value  of  EUR  27  790  882  000 

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(viii)  in  point  1.  Financial  contribution,  1.5  Fifth  Instalment  (non-repayable  support),  the 
instalment Amount of “EUR 3 709 321 467” in the final row and column is replaced by “EUR 
3 927 710 259”. 

This Decision is addressed to the Federal Republic of Germany.  

Done at Brussels, 

Article 2 

For the Council 
The President 

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