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Riigi Tugiteenuste Keskus · 7. detsember 2023
Viit
11.1-8/23/3872-1
Registreeritud
7. detsember 2023
Dokumendi liik
Sissetulev kiri
Adressaat
Rahandusminsiteerium
Saabumis/saatmisviis
e-post
Funktsioon
11.1 Toetuste arendamine, sertifitseerimine ja järelevalve 2023-2024
Sari
11.1-8 EL struktuurivahendite kirjavahetus
Toimik
11.1-8/2023
Vastutaja
Siret Soonsein (Riigi Tugiteenuste Keskus, Peadirektori asetäitjale alluvad osakonnad, Toetuste arendamise osakond, Toetuste korraldamise talitus)

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  • 📎1.1-22-23-402 05.12.2023 Leping.pdf224 KB

Sisu (failidest)

ADDENDUM TO THE RECOVERY AND RESILIENCE FACILITY FINANCING AGREEMENT between the Commission and the Republic of Estonia This Addendum (the “Addendum”) to the Recovery and Resilience Facility Financing Agreement is made by and between the European Union, represented by the European Commission, hereinafter referred to as “the Commission” and the Republic ofEstonia, represented by the Minister ofFinance, hereinafter referred to as “the Member State”, hereinafterjointly referred to as the “Parties” and each ofthem a “Party” PREAMBLE Whereas: (1) The Recovery and Resilience Facility Financing Agreement (the “Financing Agreement” or “Agreement”) between the Commission and the Member State entered into force on 10 December 2021; (2) Pursuant to Article 11(2) of Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (“RRF Regulation”), the maximum financial contribution for non-repayable financial support of each Member State had to 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. (3) The RRF Regulation provides for the inclusion of REPowerEU chapters in recovery and resiiience pians in order to provide Member States with financial support with a view to achieving the milestones and targets of reforms and investments pursuing REPowerEU objectives, as set out in their recovery and resilience plans. (4) On 9 March 2023, the Member State submitted a modified recovery and resiiience pian (“RRP”), inciuding a REPowerEU chapter, to the Commission. The modified RRP aiso took into account the updated maximum financiai contribution in accordance with Articie 18(2) of the RRF Regulation. The Councii Impiementing Decision approving the assessment of the modified RRP entered into force on 19 June 2023. On this basis, there shouid be an addendum to the Financing Agreement, aiso taking into account the updated financiai contribution, in accordance with Articie 1(3) of the Financing Agreement. Financial Contribution (5) The Council Implementing Decision establishes a Financiai Contribution ofEUR 953 184 800 for the Member State, with EUR 759 545 893 available to be iegaily committed by 31 December 2022. A further amount ofEUR 103 725 738 is avaiiabie to he iegaily committed as of 1 January 2023 untii 31 December 2023. (6) Furthermore, in line with Articie 21a(6) of the RRF Reguiation, the Councii Implementing Decision ailocates EUR 83 297 553 of the revenue obtained from the emissions trading system in accordance with Articie IOe of Directive 2003/87/EC of the European Parliament and of the Council ; and EUR 6 615 616 transferred to the Faciiity from the Brexit Adjustment Reserve in accordance with Articie 21b(2) of the RRF Reguiation. REPowerEU Pre-financing (7) The Republic of Estonia has requested the foiiowing funding for the impiementation ofits REPowerEU chapter: transfer of EUR 6 615 616 from the provisional aliocation from the resources of the l3rexit Adjustment Reserve, and EUR 83 297 553 from the revenue from the Emissions Trading System under Directive 2003/87/EC of the European Pariiament and of the Councii. (8) In accordance with Articie 21d of the RRF Regulation, the Council Implementing Decision establishes an amount ofEUR 17 982 634 equai to 20% of the additional funding that is a Financial Contribution to finance the REPowerEU chapter to he paid as pre-flnancing to the Member State. The Parties have agreed as foilows: Article 1 Reiationship between the Addendum and the Financing Agreement This Addendum shail form an integrai part of the Financing Agreement. Ali definitions and clauses ofthat Financing Agreement shaii appiy to it, subject to the following under Article 2(3) and (4). 2 Articie 2 Additional Financial Contribution Amount and Pre-Financing 1. Subject to the provisions of the RRF Regulation, the Council Implementing Decision, the Financing Agreement and this Addendum, the Union makes available to the Member State an Additional Financial Contribution of 193 638 907. That Additional Financiai Contribution inciudes an amount ofEUR 103 725 738, foilowing the update referred to in Articie 11(2) of the RRF Regulation; an amount of EUR 83 297 553, in accordance with Article 21a(6) of the RRF Regulation; an amount of EUR 6 615 616, in accordance with Article 21b(2) of the RRF Regulation. 2. In accordance with the second paragraph ofArticle 2(2) of the Council lmplementing Decision and Article 21d of the RRF Regulation, the Commission shall pay an amount ofEUR 17 982 634 equal to 20% of the additional funding to finance the REPowerEU chapter as pre-financing. That pre-financing may be disbursed by the Commission in up to two payments. The Commission shall pay the first pre-financing payment, to the extent possibie and subject to avaiiabie resources, within two months from the entry into force of this Addendum. The Commission shaii pay the second pre-financing payment, to the extent possible and subject to avaiiable resources, within 12 months of the entry into force of the Council Impiementing Decision approving the assessment of the recovery and resilience pian inciuding a REPowerEU chapter. Each pre-financing payment may be disbursed in one or more tranches. 3. The reference to “paragraph 1” in Article 5(3) of the Financing Agreement shali be construed as referring aiso to paragraph 2 ofthis Article. 4. By derogation to the Financing Agreement, Annex II is replaced by Annex A to this Addendum. Article 3 Entry into force The Addendum shaii enter into force on the date on which the iast Party signs it. Articie 4 Governing iaw and jurisdiction 1. This Addendum and any non-contractuai obligations arising out of or in connection with it shaii be governed by and shali be construed in accordance with European Union iaw, suppiemented ifnecessary by Luxembourgish iaw. 2. The Parties undertake to submit any dispute that may arise relating to the iegality, vaiidity, interpretation, or performance ofthis Addendum to the exciusivejurisdiction of the Court ofJustice of the European Union in accordance with Articie 272 of the TFEU. 3 28. 11. 21)23 Done in Tallinn onj/.. 10 and in Brussels on Done in duplicate, both being . equally authentic, each ofwhich shall constitute an original instrument. REPUBLIC OF ESTONIA EUROPEAN UNION represented by EUROPEAN COMMISSION Represented by Represented by Mart Vörklaev Paolo Gentiloni Minister ofFinance Commissioner for Economy 4 ANNEX A REQUEST FOR PAYMENT [on Ietterhead of the Member State] [date] European Commission Directorate-General for Economic and Financial Affairs Unit R2 Attn.: HeadofUnit Office: LOI 102 7/25 B-1049 Brussels Belgium Subject: RRF — Request for Payment Dear Sir/Madam, We refer to Regulation (EU) 2021/241, notably Article 24 thereof, and the Financing Agreement dated [insert date] between the European Union, represented by the European Commission (the “Commission’), and [insert Member State] and its Addendum dated [insert date]. Terms defined in the Financing Agreement shall have the same meaning herein. [We confirm that the relevant milestones and targets referred to under the [first/second/third/etc.] instalment for non-repayable support as specified in Section 2: Financial Support of the Annex to Council Implementing Decision (EU) [XXX/XXX] have been satisfactorily fulfilled and we hereby request the disbursement of EUR [the value set out in the Council Implementing Decision].] OR [We confirm that the following relevant milestones and targets referred to under the [first/second/third/etc.] instalment for non-repayable support as specified in Section 2: Financial Support of the Annex to Council Implementing Decision (EU) [XXX/XXX] have been satisfactorily fulfilled and we hereby request the disbursement of up to EUR [the value as set out in the Council Implementing Decision]: Milestone [number reference of the milestone] Target [number reference of the target] [repeat as necessa ry] 1 5 We have upioaded the due justification for this payment request to the reievant tool as provided by the Commission. Furthermore, we have deciared the total cumuiative expenditure disbursed up to that moment for the impiementation of each reform and investment of the nationai recovery and resilience pian assigned a positive ciimate marker under the methodoiogy in Reguiation (EU) 2021/241, as contributing to ciimate change objectives. We confirm that measures reiated to previousiy satisfactoriiy fulfiiied miiestones and targets have not been reversed1. A duly signed Management Deciaration and summary of audits carried out are annexed to this letter. We request the payment to be made to the account referred to in Articie 8(2) of the Financing Agreement. [Signature] Annexes - Management Deciaration - SummaryofAudits Copy to: - European Centrai Bank 1 For the first payment request, piease delete this sentence. 6
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