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)
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