Legal provisions of COM(2022)145 - Amendment of Regulation (EU) No 1303/2013 and Regulation (EU) No 223/2014 as regards increased pre-financing from REACT-EU resources

Please note

This page contains a limited version of this dossier in the EU Monitor.


Article 1 - Amendment to Regulation (EU) No 1303/2013

Regulation (EU) No 1303/2013 is amended as follows:

(1) In Article 92b(7), the following second and third subparagraphs are inserted:

“In addition to the initial pre-financing set out in the first subparagraph, the Commission shall pay 4% of the REACT-EU resources allocated to programmes for the year 2021 as additional initial pre-financing in 2022. For programmes in Member States which have had a level of arrivals of persons from Ukraine greater than 1% of their national population between 24 February 2022 and 23 March 2022, that percentage shall be increased to 34%.

When submitting the final implementation report required under Articles 50(1) and 111, Member States shall report on the use made of this additional initial pre-financing to address the migratory challenges faced as a result of the military aggression by the Russian Federation and its contribution to the recovery of the economy.”

(2) In Article 92b(7), the last subparagraph is replaced by the following:

“Where the Commission decision approving the operational programme or the amendment to the operational programme allocating the REACT-EU resources for 2021 was adopted after 31 December 2021 and the related pre-financing not paid, the amount of initial pre-financing referred to in the first and second subparagraphs shall be paid in 2022.

The amount paid as initial pre-financing referred to in the first and second subparagraphs shall be totally cleared from the Commission accounts not later than when the operational programme is closed.”

Article 2 - Amendment to Regulation (EU) No 223/2014

Regulation (EU) No 223/2014 is amended as follows:

(1) In Article 6a(4), the following second subparagraph is inserted:

“In addition to the initial pre-financing set out in the first subparagraph, the Commission shall pay 4% of the REACT-EU resources allocated to programmes for the year 2021 as additional initial pre-financing in 2022. For programmes in Member States which have had a level of arrivals of persons from Ukraine greater than 1% of their national population between 24 February 2022 and 23 March 2022, that percentage shall be increased to 34%.”

(2) In Article 6a(4), the last subparagraph is replaced by the following:

“The amount paid as initial pre-financing referred to in the first and second subparagraphs shall be totally cleared from the Commission accounts not later than when the operational programme is closed.”

Article 3

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.