Legal provisions of COM(2022)485 - Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary

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dossier COM(2022)485 - Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary.
document COM(2022)485 EN
date December 15, 2022


Article 1

1. The conditions set out in Article 4(1) of Regulation (EU, Euratom) 2020/2092 are fulfilled for the adoption of appropriate measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary.

2. The remedial measures proposed by Hungary on the basis of Article 6(5) of Regulation (EU, Euratom) 2020/2092, are not fully adequate to address the findings set out in the Commission notification sent to Hungary on 27 April 2022.

Article 2

1. 55 % of the budgetary commitments under the following operational programmes in Cohesion Policy, once approved, shall be suspended:

(a)Environmental and Energy Efficiency Operational Programme Plus;

(b)Integrated Transport Operational Programme Plus;

(c)Territorial and Settlement Development Operational Programme Plus.

2. Where the Commission implements the Union budget in direct or indirect management pursuant to of Article 62(1) points (a) and (c), of Regulation (EU, Euratom) 2018/1046, no legal commitments shall be entered into with any public interest trust established on the basis of the Hungarian Act IX of 2021 or any entity maintained by such a public interest trust.

Article 3

Hungary shall inform the Commission by 16 March 2023, and every 3 months thereafter, of the implementation of the remedial measures to which Hungary committed with its second reply, including the additional commitments included in Hungary’s letter of 13 September 2022.

Article 4

This decision shall take effect on the day of its notification.

Article 5

This Decision is addressed to Hungary.