Overwegingen bij COM(2023)477 - Wijziging van Uitvoeringsbesluit (EU) (ST 10160/21 INIT; ST 10160/21 ADD 1 REV 2) van 13 juli 2021 betreffende de goedkeuring van de beoordeling van het herstel- en veerkrachtplan voor Italië - Hoofdinhoud
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| dossier | COM(2023)477 - Wijziging van Uitvoeringsbesluit (EU) (ST 10160/21 INIT; ST 10160/21 ADD 1 REV 2) van 13 juli 2021 betreffende de ... |
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| document | COM(2023)477  |
| datum | 28 juli 2023 |
(2)Pursuant to Article 11(2) of Regulation (EU) 2021/241, the maximum financial contribution for non-repayable financial support for 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.
Amendments based on Article 21 of Regulation 2021/241
(3)On 11 July 2023, Italy made a reasoned request to the Commission to propose 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, Italy has submitted an amended RRP.
(4)The amended RRP submitted by Italy because of objective circumstances affects eight measures.
(5)The first amendment concerns Investment 4 Satellite Technology and Space Economy under Component 2 Mission 1. The investment consists of developing satellite connections in view of the digital and green transition and to contribute to the development of the space sector, enabling services such as secure communications and monitoring infrastructure for various sectors of the economy. It encompasses four sub-measures: (i) Satcom, (ii) Earth Observation, (iii) Space Factory and (iv) In-Orbit Economy. Italy explained that the Satcom sub-measure is no longer partially achievable considering recent market developments related to satellite connections. In particular, the development of several commercial initiatives for Internet of Things based on small satellites, at the European and global level, discourages a public investment of public resources in this domain and makes it necessary to avoid overlaps with private investments of the initially planned activities. Furthermore, there is the need to align the Satcom sub-measure with the EU IRIS² “Secure Connectivity” initiative, which foresees the development of a state-of-the-art space-based connectivity system to offer enhanced communication capacities, increasing Italy’s contribution to this initiative. On this basis, Italy has requested to amend description of the Satcom sub-measure of Investment 4 Satellite Technology and Space Economy to refocus it on the development of dual-use technologies and systems for the provision of highly secure innovative satellite communication services for governmental use and the Council Implementing Decision should be amended accordingly.
(6)The second amendment concerns Investment 3.2 Development of the film industry (Cinecittà project) under Component 3 Mission 1. The objectives of the investment are to enhance the competitiveness of the Italian film and audiovisual sector, mitigating the social and economic impact of the Covid-19 crisis and supporting economic growth, employment and competitiveness. Italy explained that the measure is no longer achievable as originally described in the Council Implementing Decision because the original implementing entity ‘’Istituto Luce’’ was renamed as ‘’Cinecitta’ S.P.A’’ in 2021. On this basis, Italy has requested to change the name of the implementing entity for the film industry development project, from the previous “Istituto Luce” to “Cinecittà S.p.A in the title of the measure and milestone M1C3-20 and the Council Implementing Decision should be amended accordingly.
(7)The third amendment concerns Investment 3.4 Hydrogen testing for railway mobility under Component 2 Mission 2. The investment consists of building at least 10 refuelling stations for railway based on hydrogen along at least six railway lines. In addition, the hydrogen train refuelling stations shall be realised near local green hydrogen production sites and/or motorway hydrogen refuelling stations. Italy explained that the measure is no longer partially achievable, notably, because of the limited response of market players as regards the location of the refuelling stations and that, as a consequence, only some of them could be located near to the place of hydrogen production. Moreover, in light of revised legal framework related to hydrogen and, in particular, the adoption of the Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council “establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin”, as well as, setting out specific criteria under which hydrogen would qualify as renewable, the authorities have clarified that, in line with the RED II directive 2018/2021, renewable hydrogen will be used as it offers a more clear framework for the implementation of the measure. On this basis, Italy has requested to change the description of the measure in the Council Implementing Decision.
(8)The fourth amendment concerns Investment 4.3 Installation of charging infrastructures under Component 2 Mission 2. The investment consists in building rapid re-charging stations for electric vehicles along freeways and in urban areas. Italy explained that a part of the measure is no longer achievable within the indicative timeline because the expression of interest for the call for re-charging stations for “freeways” was extremely limited, which resulted in a very limited uptake of the investment in that respect. On this basis, Italy has requested to modify the description of the intermediate target M2C2-27 by postponing the construction of re-charging infrastructure on freeways, thus removing the constitutive element related to the award of (all) public contracts for the installation of 2500 freeway electric vehicle fast charging infrastructures, and by increasing the number of re-charging infrastructure in urban areas to at least 4700 from the original 4000. The Council Implementing Decision should be amended accordingly.
(9)The fifth amendment concerns Investment 2.1 Strengthening of the Ecobonus and Sismabonus for energy efficiency and building safety under Component 3 Mission 2. The investment consists in financing the renovation of buildings for energy efficiency and anti-seismic purposes, also to contribute to the achievement of the energy saving and emission reduction targets and provide counter-cyclical support for the construction sector to offset the effects of economic downturn. The support is provided through a tax deduction or, alternatively, through a credit transfer or invoice discount. Italy explained that the intermediate target of this measure is no longer partially achievable due to the need to prioritize energy efficiency interventions in the current geopolitical context, which has changed significantly compared to the time of the initial planning of the project. Accordingly, the interventions related to anti-seismic purposes had to be reduced and could not be completed in the expected timeframe. In addition, the option of the credit transfer and invoice discount in the Superbonus was removed in February 2023 because of eligibility concerns and the higher-than-expected uptake which resulted in an excessive increase of government expenditure. On this basis, Italy has requested to amend the description of the measure and to increase the intermediate target M2C3-2 for energy efficiency interventions to offset the removal of the part related to seismic risk interventions. The Council Implementing Decision should be amended accordingly.
(10)The sixth amendment concerns Investment 1.1 Plan for nurseries, and preschools and early childhood education and care services under Component 1 Mission 4. The objectives of the investment are to increase the supply of childcare facilities by building, renovating and ensuring the safety of nurseries and preschools, and to ensure an increase in the educational offer. Italy explained that milestone M4C1-9 related to the award of contracts is no longer partially achievable because of objective circumstances. In particular, problems related to the uptake led to the need of futher tenders to reach the objectives within the agreed timeline. Given the existence of that objective circumstances, , additional measures such as additional tenders will have to be adopted in order to ensure the effective implementation of the measure and to reach target M4C1-18 in Q4 2025. On this basis, Italy has requested to revise the description of the measure, which initially referred to the award of all the contracts for admissible interventions to launch subsequent tenders in 2023 and 2024, and to amend milestone M4C1-9 to adjust the first set of eligible interventions in awarding contracts for nurseries and preschool facilities, as well as of early childhood education and care services. The Council Implementing Decision should be amended accordingly.
(11)The seventh amendment concerns Reform 1.7: Reform of student housing regulation and investment in student housing under Component 1 Mission 4. The objective of this measure is to encourage private entities to set up student accommodation facilities while increasing the supply of accommodations for students. Due to objective circumstances, further tenders are needed to reach the objectives of the measure within the agreed timeline. On this basis and in order to ensure effective implementation of the measure, Italy has requested to change target M4C1-28 into a milestone covering the first set of calls for additional student housing and to modify target M4C1-30. The Council Implementing Decision should be amended accordingly.
(12)The eighth amendment concerns Investment 5 Creation of women's enterprises, under Component 1 Mission 5. The objectives of the investment are to increase women’s participation in the labour market and, in particular, to support women’s participation in business activities. Italy explained that companies presented a smaller than expected number of requests for advance payments and that there has been a slowdown in payment requests by firms, thus affecting the disbursement schedule, due to the changed economic context in terms of cost and availability of bank guarantees, as well as, longer time needed to procure raw materials and capital goods. On this basis, Italy has requested to change the name of target M5C1-18 from “Enterprises have received financial support through the Fund Impresa donna” to “Financial support to enterprises has been committed”. This change is also reflected in the description of target M5C1-18. Moreover, Italy has proposed, as a better alternative emerged during the implementation of the measure, to keep the two existing instruments (Nito-ON and Smart&Start) and the new fund (Fondo imprese femminili) separate. Therefore, creating an overarching funding structure (Fondo impresa donna) was deemed unnecessary, as it would have caused unnecessary administrative burdens. Finally, Italy has proposed to remove a specification included in the description of target M5C1-18 related to the contribution of the three instruments covered by the measure to the achievement of the target, as these instruments are demand-driven and the new fund proved more attractive for the market. On this basis, the Council Implementing Decision should be amended accordingly.
(13)The Commission considers that the reasons put forward by Italy justify amendments pursuant to Article 21(2) of Regulation (EU) 2021/241.
Corrections of clerical errors
(14)Eight clerical errors have been identified in the text of the Council Implementing Decision, affecting five milestones and targets and eight measures. The Council Implementing Decision should be amended to correct those clerical errors that do not reflect the content of the RRP submitted to the Commission on 30 April 2021, as agreed between the Commission and Italy. Those clerical errors relate to the description of Investment 4 “Satellite technology and space economy” under Component 2 of Mission 1; to the description of Investment 3.2 “ Development of the film industry (Cinecittà project)” and of milestone M1C3-20 under Component 3 of Mission 1; to the description of Investment 3.4 “Hydrogen testing for railway mobility” under Component 2 Mission 2 and of milestone M2C2-16 to the description of Investment 4.4.2 – “Strengthening of the regional public transport railway fleet with zero emission trains and universal service” and of milestone M2C2-33; to the description of “Investment 3.2 - Hydrogen Use in hard-to-abate industry”; to the description of Investment 2.1 “Strengthening of the Ecobonus and Sismabonus for energy efficiency and building safety” under Component 3 Mission 2; to the description of Investment 1.1: “Plan for nurseries and preschools and early childhood education and care services”; to the description of the Reform 1.7 ‘’Reform of student housing regulation and investment in student housing’’ and to the target M4C1-30; to the description of Investment 3: “Structured socio-educational interventions to combat educational poverty in the South supporting the Third Sector” and of milestone M5C3-8; and to milestone M5C1-18. Those corrections do not affect the implementation of the measures concerned.
(15)Taking into account that the final results related to the implementation of the eleven measures subject to the abovementioned modifications do not change, the Commission considers that the amendments put forward by Italy do not affect the positive assessment of the RRP set out in the Council Implementing Decision of 13 July 2021 on the approval of the assessment of the recovery and resilience plan for Italy regarding the relevance, effectiveness, efficiency and coherence of the RRP against the assessment criteria laid down in Article 19(3).
(16)With regard to the assessment criterion set out in Article 19(3), point (e), of and Annex V, criterion 2.5, to Regulation (EU) 2021/241, taking into account the increased allocation of the amended RRP, the measures that effectively contribute to the green transition amount to 37,5 % of the amended RRP’s total allocation, which is the same share as in the initial RRP. Those figures have been calculated in accordance with the methodology set out in Annex VI to Regulation (EU) 2021/241. Given that, the amended RRP is considered to continue containing measures that contribute to a large extent (Rating A) to the green transition, including biodiversity, or to addressing the challenges resulting from it. With regard to the assessment criterion set out in Article 19(3), point (f), of and Annex V, criterion 2.6, to Regulation (EU) 2021/241, taking into account the increased maximum financial contribution and the updated RRP, the measures that effectively contribute to the digital transition amount to 25,1 % of the updated RRP’s total allocation, which is the same share as in the initial RRP. Those figures have been calculated in accordance with the methodology set out in Annex VI to Regulation (EU) 2021/241. Given that, the amended RRP is considered to continue containing measures that effectively contribute to a large extent (Rating A) to the digital transition or to addressing the challenges resulting from it.
(17)With regard to the assessment criterion set out in Article 19(3), point (h), of and Annex V, criterion 2.8, to Regulation (EU) 2021/241, Italy amended the multi-level governance system related to the RRP (Decree-Law No. 13 of 24 February 2023, converted into Law No. 41 of 21 April 2023) including by enhancing the role of the Presidency of the Council of Ministers in the coordination and monitoring of the RRP. Given the operational nature of the changes and the preservation of the principles underpinning the governance system, the arrangements are considered to remain adequate (Rating A) to ensure effective monitoring and implementation of the RRP, including the envisaged timetable, milestones and targets, and the related indicators.
(18)With regard to the assessment criterion set out in Article 19(3), point (j), of and Annex V, criterion 2.10, to Regulation (EU) 2021/241, the amendments to the RRP governance framework (as referenced in the previous recital) did not affect the Audit Body in charge of RRP monitoring and the unitary repository system Regis. Italy adopted legislation concerning the remit of the Court of Auditors in relation to the RRP (Decree-Law No. 44 of 22 April 2023, converted into Law No. 74 of 21 June 2023). Given that the overall ex-ante and ex-post verifications remain in place and have not been affected by the adopted legislation, the arrangements are considered to remain adequate (Rating A) to prevent, detect and correct corruption, fraud and conflicts of interest when using the funds provided under that Regulation, and they are expected to effectively avoid double funding under that Regulation and other Union programmes. This is without prejudice to the application of other instruments and tools to promote and enforce compliance with Union law, including for preventing, detecting and correcting corruption, fraud and conflicts of interest, and for protecting the Union budget in line with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council 3 .
(19)With regard to the assessment criteria set out in Article 19(3), points (a), (b), (c), (d), (g), (i), and (k) of Regulation (EU) 2021/241, the limited modifications of the RRP do not affect the positive assessment of the initial plan.
(20)Following Commission’s assessment that Italy’s amended 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.
(21)Beyond this targeted amendment, Italy has confirmed that it intends to request a comprehensive modification of the Council Implementing Decision including an update in accordance with Article 18(2) of Regulation (EU) 2021/241 to take into account the updated maximum financial contribution calculated in accordance with Article 11(2).
(22)The estimated total costs of the amended RRP is EUR 191 499 177 889. In particular, the estimated costs of the measures financed by the Union financial contribution in the form of non-repayable support amounts to EUR 68 897 310 054 and the estimated costs of the measures financed by the loan support amounts to EUR 122 601 867 835. As the amount of the estimated costs of the measures in the amended RRP financed by the Union financial contribution is lower than the updated maximum financial contribution available for Italy, the financial contribution calculated in accordance with Article 11 allocated for Italy’s amended RRP should be equal to the amount of the estimated costs of the measures in the amended RRP financed by the Union financial contribution.
(23)Council Implementing Decision 10160/21 of 13 July 2021 on the approval of the assessment of the recovery and resilience plan for Italy should therefore be amended accordingly.