CELEX: 
Language: en
Date: 2021-07-28
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2021/241 of the European Parliament and of the Council establishing the Recovery and Resilience Facility by defining a methodology for reporting social expenditure

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               1.1. General background and objective 
            
            
               The outbreak of the COVID-19 pandemic has had a significant impact on the economic and social situation in the European Union. The coronavirus crisis has put a halt on a six-year positive employment progress, with an employment rate of 72.4% by the third quarter of 2020, and many Europeans have seen their livelihood and employment prospects put at risk. As some sectors of the economy may not be able to fully recover from the crisis, unemployment and inactivity may rise in the longer term, which could have scarring effects for the individuals concerned and the economy as a whole, and would also imply a loss of skills. The risk of long-term scarring effects is particularly substantial for younger generations. While in other periods of recession, the impact of a difficult economic and social situation may be somewhat mitigated by staying longer in education, the COVID-19 crisis has also disrupted skills formation through school closures and the broad switch to online teaching. Additionally, the social and health care sectors have been at the forefront of the crisis and risk to continue being negatively affected in the future. While the immediate effects of the crisis have been cushioned by short-term measures put in place at national and EU level, massive investments and reforms will be needed in the medium to long-term to recover from the crisis and build a more sustainable, resilient and fairer Europe for the next generations. To live up to this challenge, the European Union adopted a European Recovery Plan in December 2020, consisting of a reinforced multiannual financial framework for the period 2021-2027 and a new recovery package called Next Generation EU. Together, these instruments will unlock EUR 1.85 trillion (in 2018 prices) to support Member States in their efforts to address the crisis, kick-start the EU economy and put it on a more sustainable and resilient path. 
            
            
               Regulation (EU) 2021/241 of the European Parliament and of the Council
                  1
                establishing the Recovery and Resilience Facility (the ‘RRF Regulation’) was adopted in February 2021 as the largest programme under Next Generation EU. With a budget of EUR 672.5 billion, distributed in non-repayable financial support and loan support, the Recovery and Resilience Facility (‘the Facility’) will support large-scale public investments and reforms undertaken by Member States to recover from the COVID-19 crisis and promote the Union’s economic, social and territorial cohesion. A central objective of the Facility is to mitigate the social and economic impact of the crisis, in particular on women, children and youth. 
            
            
               In doing so, the Facility will notably support Member States in implementing measures in line with EU initiatives in the employment and social area, in particular the Recommendation on an effective active support to employment following the COVID-19 crisis (EASE)
                  2
                , the Communication on Youth Employment Support
                  3
                and the Recommendation on A Bridge to Jobs – Reinforcing the Youth Guarantee
                  4
               , the Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience
                  5
               , the Recommendation establishing the European Child Guarantee
                  6
               , the Strategy for the Rights of Persons with Disabilities 2021-2030,
                  7
                the European Skills Agenda for sustainable competitiveness, social fairness and resilience
                  8
               , the European Education Area
                  9
                and the Digital Education Action Plan
                  10
               , the EU Anti-racism Action Plan 2020-2025
                  11
               , the EU Roma strategic framework for equality, inclusion and participation
                  12
               , the Gender Equality Strategy 2020-2025
                  13
               , the LGBTIQ Equality Strategy 2020-2025,
                  14
                the Communication on Building a European Health Union
                  15
                , the Pharmaceutical Strategy for Europe
                  16
               , and Europe’s Beating Cancer Plan
                  17
               . Thereby it will also contribute to the achievement of the EU 2030 headline targets on employment, skills and poverty as welcomed by EU leaders at the Social Summit in Porto in May 2021 and the European Council in June 2021.
            
            
               The Facility will support reforms and investments put forward by Member States in their recovery and resilience plans under all pillars
                  18
                of the RRF Regulation. Several of these reforms and investments will contribute to the implementation of the European Pillar of Social Rights and all its principles. This notably includes investment in human capital, for instance through upskilling, reskilling and requalification of the labour force. It could also include reforms aimed at enhancing the effectiveness of integration programmes for the unemployed. The Facility will also support reforms and investments aimed at strengthening social and territorial cohesion and convergence within the Union. Lastly, the Facility will aim to ensure that the next generation of Europeans will not be permanently affected by the crisis. It will therefore also support reforms and investments aimed at enhancing access and opportunity for children and the youth related to education, employment, health, nutrition, jobs and housing. These priorities are reflected in three of the six pillars of the scope of the Facility set out in Article 3 of the RRF Regulation, namely: social and territorial cohesion; health, and economic, social and institutional resilience; and policies for the next generation, children and the youth. 
            
            
               In order to ensure adequate reporting on the implementation of measures that have a social dimension, Article 29(4) empowers the Commission to adopt a methodology on reporting social expenditure, including on children and the youth. The objective of the methodology for reporting on social expenditure, including on children and the youth, is to provide in a transparent and accountable manner synthetic information on the social expenditure under the Facility. 
            
            
               A specific reporting on social expenditure that include a focus on gender equality was also deemed essential in view of the emphasis on this matter in the RRF Regulation. 
            
            
               Each reform and investment included in the plans and which has a primary social dimension will be associated to one of nine social “policy areas” outlined in the Annex of this Regulation. These social policy areas are to be aggregated into four broader social categories, namely: i) employment and skills, ii) education, iii) health and long-term care and iv) social policies. Additionally, each measure of a social nature that includes a focus on children and the youth, and on gender equality will be flagged, allowing for a specific reporting on RRF expenditure focusing on children and the youth, and on gender equality. 
            
            
               This Delegated Regulation sets out the methodology for reporting social expenditure, including on children and the youth, and on gender equality, included in the recovery and resilience plans of the Member States.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               In line with the Common Understanding of 2016 between the European Parliament, the Council and the Commission, the Commission consulted Member States’ experts on this Delegated Regulation in two meetings on 28 May 2021 and 14 July 2021. Representatives of the European Parliament and the Council participated in the meeting as observers. Member States experts welcomed the proposed methodology and made a number of technical suggestions and requests for clarifications. The experts notably enquired about the process to keep Member States informed when the Commission applies the methodology set out in this Delegated Regulation to report social expenditure under the Facility. 
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The right to adopt Delegated Acts is provided for under Article 29(4), point (b) and Article 30(2) of Regulation 2021/241.
            
            
               Article 1 lays down the methodology for reporting social expenditure. This methodology is further specified in the Annex to this Delegated Regulation.
            
            
               Article 2 specifies the date of entry into force of this Delegated Regulation.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
         
         
            
               supplementing Regulation (EU) 2021/241 of the European Parliament and of the Council establishing the Recovery and Resilience Facility by defining a methodology for reporting social expenditure
            
            
               THE EUROPEAN COMMISSION,
            
            
               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 establishing the Recovery and Resilience Facility
                  19
               , and in particular Articles 29(4), point (b) and 33 thereof,
            
            
               Whereas:
            
            
               (1)The aim of the Recovery and Resilience Facility (‘the Facility’) is to provide effective and significant financial support to step up the implementation of sustainable reforms and related public investments in the Member States. The Facility is a dedicated instrument designed to tackle the adverse social and economic effects and consequences of the COVID-19 crisis in the Union. 
            
            
               (2)The Facility supports economic and social recovery and contributes – among others – to fighting poverty, inequalities and tackling unemployment, creation of high-quality and stable jobs, improved health care capacity, and better policies for the next generation including on education and training. 
            
            
               (3)The Facility will notably support Member States in implementing measures in line with the European Pillar of Social Rights and Union initiatives in the employment, education, health and social area, in particular, the European Pillar of Social Rights Action Plan
                  20
                and the Recommendation on an effective active support to employment following the COVID-19 crisis (EASE)
                  21
               , the Communication on Youth Employment Support
                  22
                and the Recommendation on A Bridge to Jobs – Reinforcing the Youth Guarantee
                  23
               , the Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience
                  24
               , the Recommendation establishing the European Child Guarantee
                  25
               , the Strategy for the Rights of Persons with Disabilities 2021-2030
                  26
               , the European Skills Agenda for sustainable competitiveness, social fairness and resilience
                  27
               , the European Education Area
                  28
                and the Digital Education Action Plan
                  29
               , the EU Anti-racism Action Plan 2020-2025
                  30
               , the EU Roma strategic framework for equality, inclusion and participation
                  31
               , the Gender Equality Strategy 2020-2025
                  32
               , the LGBTIQ Equality Strategy 2020-2025,
                  33
                the Communication on Building a European Health Union
                  34
               , the Pharmaceutical Strategy for Europe
                  35
               , and Europe’s Beating Cancer Plan
                  36
               .
            
            
               (4)In this context, it is important to be able to report on the reforms and investments financed by the Facility which have a social dimension. Pursuant to Article 29(4), point (b) of Regulation (EU) 2021/241, the Commission is to define a methodology for reporting social expenditure, including on children and the youth, under the Facility. 
            
            
               (5)Pursuant to Article 31(3), point (c) of Regulation (EU) 2021/241, the annual report of the Commission to the European Parliament and the Council should include information on the expenditure financed by the Facility under the six pillars referred to in its Article 3, incorporating social expenditure, including on children and the youth.
            
            
               (6)The methodology should consist of two steps: in a first step, each reform and investment included in the recovery and resilience plan of a Member State with a primary social dimension should be associated by the Commission, in consultation where necessary with that Member State, to one of nine social policy areas under the four broader social categories set out in the Annex; in a second step, each measure of a social nature that includes a focus on children and the youth, and also on gender equality as Regulation (EU) 2021/241 puts an emphasis on gender equality, should be flagged, allowing for a specific reporting on expenditure focused on children and the youth, and respectively on gender equality.
            
            
               (7)This Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Definition of the methodology
            
            
               1.The methodology for reporting social expenditure, including on children and the youth, and on gender equality under the Facility shall be based on the estimated expenditure provided in the approved recovery and resilience plans and on the methodology set out in paragraphs 2, 3 and 4. 
            
            
               2.Reforms and investments with a primary social dimension shall be associated to one of the nine social policy areas set out in the Annex. Each social policy area shall be linked to a broader social category. A reform or investment may only be associated to one social policy area, and therefore to one social category.
            
            
               3.Each measure of a social nature that includes a focus on children and the youth shall be flagged, allowing for a subsequent specific reporting on expenditure under the Facility on children and the youth.
            
            
               4.Each measure of a social nature that includes a focus on gender equality shall be flagged, allowing for a specific subsequent reporting on expenditure under the Facility on gender equality.
            
            
               5.The social policy areas and social categories, and the flags to identify measures of a social nature that include a focus on children and the youth, and on gender equality as referred to in paragraphs 2, 3, and 4 shall be those set out in the Annex.
            
            
               6.The Commission shall use this methodology in the annual report referred to in Article 31(3) of Regulation (EU) 2014/241 to provide information on the social expenditure, including on children and the youth, and on gender equality financed by the Facility. 
            
         
         
            
               Article 2
               Entry into force
            
            
               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 Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     Ursula VON DER LEYEN
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX 
               Methodology for reporting on social expenditure, including on children and the youth, and on gender equality
            
            
               1. The Commission shall assign each measure with a primary social dimension to exclusively one of the following nine social policy areas: 
            
            
                     
                        Nine policy areas within the four main social categories
                     
                  
               
                     
                        Social category: Employment and skills
                     
                  
               
                     
                        1. Adult learning, including continuous vocational education and training; recognition and validation of skills
                     
                  
               
                     
                        2. Employment support and job creation, including hiring and job transition incentives and support for self-employment
                     
                  
               
                     
                        3. Modernisation of labour market institutions, including infrastructure, employment services and forecasting of skills and labour inspectorates; employment protection and organisation; social dialogue and wage setting mechanisms; adaptation of workplaces 
                     
                  
               
                     
                        Social category: Education and childcare
                     
                  
               
                     
                        4. Early childhood education and care: accessibility, affordability, quality and inclusiveness, including digitalisation and infrastructure 
                     
                  
               
                     
                        5. General, vocational and higher education: accessibility, affordability, quality and inclusiveness, including digitalisation and infrastructure
                     
                  
               
                     
                        Social category: Health and long-term care
                     
                  
               
                     
                        6. Healthcare: resilience, sustainability, adequacy, availability, accessibility, affordability and quality, including digitalisation and infrastructure
                     
                  
               
                     
                        7. Long-term care: resilience, sustainability, adequacy, availability, accessibility, affordability and quality, including digitalisation and infrastructure
                     
                  
               
                     
                        Social category: Social policies
                     
                  
               
                     
                        8. Social housing and other social infrastructure 
                     
                  
               
                     
                        9. Social protection, including social services and integration of vulnerable groups
                     
                  
               
            
               2. For each measure of a social nature that includes a focus on children and the youth, the Commission shall attribute a flag allowing for the specific reporting of expenditure under the Facility on children and the youth.
            
            
               3. For each measure of a social nature that includes a focus on gender equality, the Commission shall attribute a flag allowing for the specific reporting of expenditure under the Facility on gender equality.