Legal provisions of COM(2023)335 - Strategic Technologies for Europe Platform (‘STEP’)

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dossier COM(2023)335 - Strategic Technologies for Europe Platform (‘STEP’).
document COM(2023)335
date February 29, 2024



CHAPTER 1

STEP
This Regulation establishes a Strategic Technologies for Europe Platform (‘STEP’ or ‘the Platform’) to support critical and emerging strategic technologies .

It lays down the objectives of the Platform, the amount of financial support available under the Platform, and rules for the implementation of the Sovereignty Seal and Sovereignty portal and for reporting on the Platform objectives.
1. To strengthen European sovereignty and security, accelerate the Union’s green and digital transitions and enhance its competitiveness, reduce its strategic dependencies, favour a level playing field in the Single Market for investments throughout the Union, and promote inclusive access to attractive, quality jobs, the Platform shall pursue the following objectives:

(a) supporting the development or manufacturing throughout the Union, or safeguarding and strengthening the respective value chains, of critical technologies in the following fields:

(i) deep and digital technologies

(ii) clean technologies

(iii) biotechnologies

(b) addressing shortages of labour and skills critical to all kinds of quality jobs in support of the objective under point (a).

2. The technologies referred to in point (a) of the first paragraph, shall be deemed to be critical where they meet at least one of the following conditions:

(a) bring an innovative, cutting-edge element with significant economic potential to the Single Market;

(b) contribute to reduce or prevent strategic dependencies of the Union.

3. Where an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU relates to any of the technology fields referred to in point (a) of paragraph 1, the relevant technologies shall be deemed to be critical.

4. The value chain for the manufacturing of critical technologies referred to in the first paragraph relates to final products, as well as key components, specific machinery and critical raw materials primarily used for the production of those products.

Article 3
Financial Support

1. Implementation of the Platform shall be supported, in particular, through:

(a) a Union guarantee referred to in Article 4(1) of Regulation (EU) 2021/523 with the indicative amount of EUR 7 500 000 000 That guarantee shall be implemented in accordance with Regulation (EU) 2021/523;

(b) an amount of EUR 500 000 000 in current prices of the financial envelope referred to in point (i) of Article 12(2)(c) of Regulation (EU) 2021/695. That amount shall be implemented in accordance with Regulation (EU) 2021/695;

(c) an amount of EUR 5 000 000 000 in current prices of the financial envelope referred to in the sixth subparagraph of Article 10a(8) of Directive 2003/87/EC. That amount shall be implemented within the Innovation Fund in accordance with the rules of Article 10a(8) of Directive 2003/87/EC and Commission Delegated Regulation [2019/856].

(d) An amount of EUR 1 500 000 000 in current prices of the financial envelope refered to in Article 4(1) of Regulation (EU) 2021/697. That amount shall be implemented in accordance with Regulation (EU) 2021/697.

2. The amounts referred to in the paragraph 1 shall be used with the aim of achieving the objectives referred to in Article 2.

Article 4
Sovereignty Seal and cumulative funding

1. The Commission shall award a Sovereignty Seal to any action contributing to any of the Platform objectives, provided the action has been assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Regulation (EU) 2021/695, Regulation (EU) 2021/694, Regulation (EU) 2021/697, Regulation (EU) 2021/522, or Commission Delegated Regulation (EU) 2019/856.

2. The Sovereignty Seal may be used as a quality label, in particular for the purposes of:

(a) receiving support for the action under another Union fund or programme in accordance with the rules applicable to that fund or programme, or

(b) financing the action through cumulative or combined funding with another Union instrument in line with the rules of the applicable basic acts.

3. When revising their recovery and resilience plans in accordance with Regulation (EU) 2021/241, Member States shall, without prejudice to the provisions of that Regulation, consider as a priority action which have been awarded a Sovereignty Seal in accordance with paragraph 1.

4. When deciding on investment projects to finance from their respective shares of the Modernisation Fund in accordance with Article 10d of Directive 2003/87/EC, Member States shall consider as a priority project for critical clean technologies which have received the Sovereignty Seal in accordance with paragraph 1. In addition, Member States may decide to grant national support to projects with a Sovereignty Seal contributing to the Platform objective referred to in Article 2(1), point (a)(ii).

5. Under Regulation (EU) 2021/523, the Sovereignty Seal shall be taken into account in the context of the procedure provided for in Article 19 of the European Investment Bank Statute and of the policy check as laid down in Article 23(3) of that Regulation. In addition, the implementing partners shall examine projects having been awarded the Sovereignty Seal in case they fall within their geographic and activity scope as laid down in Article 26(5) of that Regulation.

6. Strategic projects identified in accordance with the [Net Zero Industry Act] and the [Critical Raw Materials Act] within the scope of Article 2 that receive a contribution under the Programmes refered to in Article 3 may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the strategic project. The cumulative funding shall not exceed the total eligible costs of the strategic project. The support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.

7. The award of a Sovereignty Seal and provision of cumulative funding is without prejudice to applicable State aid rules and to the Union’s international obligations.

Article 5
Monitoring of implementation

1. The Commission shall monitor the implementation of the Platform and measure the achievement of the Platform objectives set out in Article 2. The monitoring of implementation shall be targeted and proportionate to the activities carried out under the Platform.

2. The monitoring system of the Commission shall ensure that data for monitoring the implementation of the activities carried out under the Platform and the results of those activities are collected efficiently, effectively and in a timely manner.

3. The Commission shall report on the expenditure financed by the Platform. It shall, as appropriate, report on the achievements related to each of the specific Platform objectives.

Article 6
Sovereignty portal

1. The Commission shall establish a dedicated publicly available website (the ‘Sovereignty portal’), providing investors with information about funding opportunities for projects linked to the Platform objectives and grant visibility to those projects, in particular by displaying the following information:

(a) ongoing and upcoming calls for proposals and calls for tender linked to the Platform objectives under the respective programmes and funds;

(b) projects that have been awarded a Sovereignty Seal quality label in accordance with Article 4;

(c) projects that have been identified as strategic projects under the [Net-Zero Industry Act] and the [Critical Raw Materials Act], to the extent that they fall within the scope of Article 2;

(d) contacts to the national competent authorities designated in accordance with paragraph 4;

2. The Sovereignty portal shall also display information about the implementation of the Platform and in relation to Union budget expenditure as referred to in Article 5, as well as the performance indicators defined under the respective programmes.

3. The Sovereignty portal shall be launched at the [date of the entry into force of this Regulation] and shall be updated by the Commission regularly.

4. By [3 months after the entry into force of this Regulation], Member State shall designate one national competent authority to act as the main point of contact for the implementation of the Platform at national level.

Article 7
Annual report

1. The Commission shall provide an annual report to the European Parliament and the Council on the implementation of the Platform.

2. The annual report shall include consolidated information on the progress made in implementing the Platform objectives under each of the programmes and funds.

3. The annual report shall also include the following information:

(a) overall expenditure of the STEP financed under the respective programmes;

(b) the performance of the STEP based on the performance indicators defined under the respective programmes.

Article 8
Evaluation of the Platform

1. By 31 December 2025, the Commission shall provide the European Parliament and the Council with an evaluation report on the implementation of the Platform.

2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of the resources and the European added value. It shall also consider the continued relevance of all objectives and actions, in view of their potential upscaling.

3. Where appropriate, the evaluation shall be accompanied by a proposal for amendments of this Regulation.

CHAPTER 2

AMENDMENTS

Article 9

Amendments to Directive 2003/87/EC [ETS]

Directive 2003/87/EC is amended as follows:

(1) In Article 10a(8), the following sixth subparagraph is inserted:

‘In addition to the allowances referred to in the first to fifth subparagraphs of this paragraph, the Innovation Fund shall also implement a financial envelope for the period from 1 January 2024 to 31 December 2027 of EUR 5 000 000 000 in current prices for supporting investments contributing to the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. This financial envelope shall be made available to support investments only in Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017’

Article 10

Amendments to Regulation (EU) 2021/1058 [ERDF and CF]

Regulation (EU) 2021/1058 is amended as follows:

(1) In Article 3(1), point (a), the following point is added:

‘(vi) supporting investments contributing to the STEP objectives referred to in Article 2 of Regulation .../...64 [STEP Regulation]’

(2) In Article 3(1), point (b), the following point is added:

‘(ix) supporting investments contributing to the STEP objective referred to in Article 2(1), point (a)(ii) of Regulation .../... [STEP Regulation]’

(3) In Article 3, the following paragraph 1a is inserted:

The resources under the specific objective referred to in Article 3(1), first subparagraph, points (a)(vi) and (b)(ix) shall be programmed under dedicated priorities corresponding to the respective policy objective.

The Commission shall pay 30 % of the ERDF allocation to that priority as set out in the decision approving the programme amendment as exceptional one-off pre-financing in addition to the yearly pre-financing for the programme provided for in Article 90(1) and (2) of Regulation (EU) 2021/1060 or in Article 51(2), (3) and (4) of Regulation (EU) 2021/1059. The exceptional pre-financing shall be paid by 31 December 2024, provided the Commission has adopted the decision approving the programme amendment by 31 October 2024.

In accordance with Article 90 (5) of Regulation (EU) 2021/1060 and Article 51(5) of Regulation (EU) 2021/1059, the amount paid as exceptional pre-financing shall be cleared no later than with the final accounting year.

In accordance with Article 90(6) of Regulation (EU) 2021/1060, any interest generated by the exceptional pre-financing shall be used for the programme concerned in the same way as the ERDF and shall be included in the accounts for the final accounting year.

In accordance with Article 97(1) of Regulation (EU) 2021/1060, the exceptional pre-financing shall not be suspended.

In accordance with Article 105 (1) of Regulation (EU) 2021/1060, the pre-financing to be taken into account for the purposes of calculating amounts to be de-committed shall include the exceptional pre-financing paid.

By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.’

(4) In Article 5(2), the following point (e) is inserted:

‘(e) when they contribute to the specific objective under PO 1 set out in Article 3(1), first subparagraph, point (a)(vi) or to the specific objective under PO 2 set out in point (b)(ix) of that subparagraph, in less developed and transition regions, as well as more developed regions in Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017.

Point (e) shall apply to Interreg programmes where the geographical coverage of the programme within the Union consists exclusively of categories of regions set out in that point.’

(5) In Article 5, the following new paragraph 3a is inserted:

‘3a. In order to contribute to the specific objectives under PO 1 set out in Article 3(1), first subparagraph, point (a)(vi) and under PO 2 set out in point (b)(ix) of that subparagraph, the ERDF shall also support training, life-long learning, reskilling and education activities’.

(6) In Annex I, Table I, the following row is added under policy objective 1:

(vi) supporting investments contributing to the STEP objectives referred to in Article 2 of Regulation .../... [STEP Regulation]

Any RCO listed for specific objectives (i), (iii) and (iv)

RCO125 Firms: Enterprises supported linked primarily to deep and digital technologies productive investments

RCO126 Firms: Enterprises supported linked primarily to clean technologies productive investments

RCO127 Firms: Enterprises supported linked primarily to biotechnologies productive investments

[These indicators are to be reported as subsets of RC001-RCO04]

Any RCR listed for specific objectives (i), (iii) and (iv)

(7) In Annex I, Table I, the following row is added under policy objective 2:

(ix) supporting investments contributing to the STEP objectives referred to in Article 2 of Regulation .../... [STEP Regulation]

Any RCO listed for specific objectives (i), (iii), (iv) and (vi) under policy objective 1

RCO125 Firms: Enterprises supported linked primarily to deep and digital technologies productive investments

RCO126 Firms: Enterprises supported linked primarily to clean technologies productive investments

RCO127 Firms: Enterprises supported linked primarily to biotechnologies productive investments

[These indicators are to be reported as subsets of RC001-RCO04]

Any RCR listed for specific objectives (i), (iii) and (iv) under policy objective 1

(8) In the Table of Annex II, the following row is added under policy objective 1:

(vi) supporting investments contributing to the STEP objectives referred to Article 2 of Regulation .../... [STEP Regulation]Any CCO listed for specific objectives (i), (iii) and (iv) under policy objective 1Any CCR listed for specific objectives (i), (iii) and (iv) under policy objective 1

(9) In the Table of Annex II, the following row is added under policy objective 2:

(ix) supporting investments contributing to the STEP objectives referred to Article 2 of Regulation .../... [STEP Regulation]Any CCO listed for specific objectives (i), (iii) and (iv) under policy objective 1Any CCR listed for specific objectives (i), (iii) and (iv) under policy objective 1

Article 11

Amendments to Regulation (EU) 2021/1056 [JTF]

Regulation (EU) 2021/1056 is amended as follows:

(1) Article 2 is replaced by the following:

‘In accordance with the second subparagraph of Article 5(1) of Regulation (EU) 2021/1060, the JTF shall contribute to the specific objective of enabling regions and people to address the social, employment, economic and environmental impacts of the transition towards the Union’s 2030 targets for energy and climate and a climate-neutral economy of the Union by 2050, based on the Paris Agreement. The JTF may also support investments contributing to the STEP objective referred to in Article 2(1), point (a)(ii) of Regulation .../... [STEP Regulation].’

(2) In Article 8(2) the following subparagraph is inserted:

‘The JTF may also support productive investments in enterprises other than SMEs contributing to the STEP objectives referred to in Article 2 of Regulation .../...65 [STEPRegulation]. That support may be provided irrespective of whether the gap analysis was carried out in accordance with Article 11(2)(h) and irrespective of its outcome. Such investments shall only be eligible where they do not lead to relocation as defined in point (27) of Article 2 of Regulation (EU) 2021/1060. The provision of such support shall not require a revision of the territorial just transition plan where that revision would be exclusively linked to the gap analysis.’

(3) In Article 10, the following paragraph 4 is added:

‘The Commission shall pay 30% of the JTF allocation, including amounts transferred in line with Article 27 of Regulation EU 2021/1060, to a programme as set out in the decision approving the programme as exceptional one-off pre-financing in addition to the yearly pre-financing for the programme provided for in Article 90(1) and (2) of Regulation (EU) 2021/1060. The exceptional pre-financing shall be paid as from [entry into force of this Regulation].

In accordance with Article 90(5) of Regulation (EU) 2021/1060, the amount paid as exceptional pre-financing shall be cleared no later than with the final accounting year.

In accordance with Article 90(6) of Regulation (EU) 2021/1060, any interest generated by the exceptional pre-financing shall be used for the programme concerned in the same way as the ERDF and shall be included in the accounts for the final accounting year.

In accordance with Article 97(1) of Regulation (EU) 2021/1060, the exceptional pre-financing shall not be suspended.

In accordance with Article 105(1) of Regulation (EU) 2021/1060, the pre-financing to be taken into account for the purposes of calculating amounts to be de-committed shall include the exceptional pre-financing paid.

By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.’

Article 12

Amendments to Regulation (EU) 2021/1057 [ESF+]

Regulation (EU) 2021/1057 is amended as follows:

(1) A new article 12a is inserted:

Article 12a

In addition to the pre-financing for the programme provided for in Article 90(1) and (2) of Regulation (EU) 2021/1060, where the Commission approves an amendment of a programme including one or more priorities dedicated to operations supported by the ESF+ contributing to the STEP objectives referred to in Article 2 of Regulation .../...66 [STEP Regulation], it shall make an exceptional pre-financing of 30% on the basis of the allocation to those priorities. The exceptional pre-financing shall be paid by 31 December 2024, provided the Commission has adopted the decision approving the programme amendment by 31 October 2024.

In accordance with Article 90(5) of Regulation (EU) 2021/1060, the amount paid as exceptional pre-financing shall be cleared no later than with the final accounting year.

In accordance with Article 90(6) of Regulation (EU) 2021/1060, any interest generated by the exceptional pre-financing shall be used for the programme concerned in the same way as the ESF+ and shall be included in the accounts for the final accounting year.

In accordance with Article 97(1) of Regulation (EU) 2021/1060, the exceptional pre-financing shall not be suspended.

In accordance with Article 105(1) of Regulation (EU) 2021/1060, the pre-financing to be taken into account for the purposes of calculating amounts to be de-committed shall include the exceptional pre-financing paid.

By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.’

Article 13

Amendments to Regulation (EU) 2021/1060 [CPR]

Regulation (EU) 2021/1060 is amended as follows:

(1) In Article 2, point (45) is replaced by the following:

‘(45) ‘Seal of Excellence’ means the quality label attributed by the Commission in respect of a proposal, which shows that the proposal which has been assessed in a call for proposals under a Union instrument is deemed to comply with the minimum quality requirements of that Union instrument, but could not be funded due to lack of budget available for that call for proposals, and might receive support from other Union or national sources of funding; or the ‘Sovereignty Seal’ referred to in Article 4 of Regulation .../...67 [STEP Regulation].

(2) In Article 14(5), the first subparagraph is replaced by the following:

‘In accordance with the second subparagraph of Article 10(4) of the InvestEU Regulation, where a guarantee agreement has not been concluded within 12 months from the conclusion of the contribution agreement, the contribution agreement shall be terminated or prolonged by mutual agreement.’

(3) In Article 49, the following paragraph 2a is inserted:

‘Where support is programmed for the STEP objectives referred to in Article 2 of Regulation .../... [STEP Regulation], the managing authority shall ensure that all the information to be published in accordance with paragraph 2 of this Article is also submitted to the Commission in the format set out in paragraph 4 of this Article for publication on the Sovereignty Portal set out in Article 6 of Regulation .../... [STEP Regulation], including a timetable of the planned calls for proposals that is updated at least three times a year, as well as the link to the calls for proposals on the day of their publication.’

(4) In the Annex I, Table 1, the following rows are added:

INTERVENTION FIELDCoefficient for the calculation of support to climate change objectivesCoefficient for the calculation of support to environmental objectives
145aSupport for the development of skills or access to employment in deep and digital technologies, biotechnologies.0%0%
145bSupport for the development of skills or access to employment in clean technologies.100%40%
188Productive investments in large enterprises linked primarily to clean technologies.100%40%
189Productive investments in SMEs linked primarily to clean technologies.100%40%
190Productive investments in large enterprises linked primarily to biotechnologies.0%0%
191Productive investments in SMEs linked primarily to biotechnologies.0%0%
192Productive investments in large enterprises linked primarily to deep and digital technologies.0%0%
193Productive investments in SMEs linked primarily to deep and digital technologies.0%0%

(5) In Annex I, Table 6, the following row is added:

11Contributing to skills and jobs in deep and digital technologies, clean technologies, biotechnologies0%0%

Article 14

Amendments to Regulation (EU) No 1303/2013 [CPR]

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

(1) In Article 135, the following paragraph 6 is added:

‘6. By way of derogation from paragraph 2, the deadline for the submission of the final application for an interim payment for the final accounting year shall be 31 July 2025. The last application for interim payment submitted by 31 July 2025 shall be deemed to be the final application for an interim payment for the final accounting year.

Amounts from resources other than REACT-EU reimbursed by the Commission as interim payments in 2025 shall not exceed 1 % of the total financial appropriations to the programme concerned by Fund, REACT-EU resources excluded. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure.’

(2) In Article 138, the following subparagraph is added:

‘By way of derogation from the deadline set out in the first subparagraph, Member States may submit the documents referred to under points (a), (b) and (c) for the final accounting year by 15 February 2026.’

Article 15

Amendment to Regulation (EU) No 223/2014 [FEAD]

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

(1) In Article 13, paragraph 5 is replaced by the following:

‘5. The Member State shall submit a final report on implementation of the operational programme together with the closure documents as set out in Article 52, by 15 February 2026 at the latest.’

(2) In Article 22, the following paragraph 2a is added:

‘2a. In the case of costs reimbursed pursuant to points (b), (c), (d) and (e) of Article 26(2), the corresponding actions being reimbursed shall be carried out by the submission of the final application for an interim payment for the final accounting year in accordance with Article 45(6).’

(3) In Article 45, the following paragraph 6 is added:

‘6. By way of derogation from paragraph 2, the deadline for the submission of the final application for an interim payment for the final accounting year shall be 31 July 2025. The last application for interim payment submitted by 31 July 2025 shall be deemed to be the final application for an interim payment for the final accounting year.

Amounts reimbursed by the Commission as interim payments in 2025 shall not exceed 1 % of the total financial appropriations to the programme concerned. Amounts that would be due to be paid by the Commission in 2025 exceeding this percentage shall not be paid and shall be used exclusively for the clearing of pre-financing at closure.’

(4) In Article 48, the following subparagraph is added:

‘By way of derogation from the deadline set out in the first subparagraph, Member States may submit the documents referred to under points (a), (b) and (c) for the final accounting year by 15 February 2026.’

Article 16

Amendments to Regulation (EU) 2021/523 [InvestEU]

Regulation (EU) 2021/523 is amended as follows:

(1) Article 3 is amended as follows:

(a) the following point is added in paragraph 1:

‘(h) supporting investments contributing to the STEP objectives referred to in Article 2 of Regulation .../...68 [STEP Regulation]’

(b) the following point is added in paragraph 2:

‘(e) supporting financing and investment operations related to the areas referred to in Article 8(1), point (e).’

(2) Article 4 is amended as follows:

(a) In paragraph 1, the first subparagraph is replaced by the following:

‘The EU guarantee for the purposes of the EU compartment referred to in Article 9(1), point (a), shall be EUR 33 652 310 073 in current prices. It shall be provisioned at the rate of 40 %. The amount referred to in Article 35(3), first subparagraph, point (a), shall be also taken into account for contributing to the provisioning resulting from that provisioning rate.‘;

(b) paragraph 2, second subparagraph is replaced by the following:

‘An amount of EUR 18 827 310 073 in current prices of the amount referred to in the first subparagraph of paragraph 1 of this Article shall be allocated for the objectives referred to in Article 3(2).’;

(c) the fourth subparagraph of paragraph 2 is replaced by the following:

‘The indicative distribution of the EU guarantee for the purposes of the EU compartment is set out in Annex I to this Regulation. Where appropriate, the Commission may depart from the amounts referred to in Annex I by up to 15 % for each objective referred to in Article 3(2), points (a) to (e). The Commission shall inform the European Parliament and the Council of any such departure.’

(3) In Article 7(3), a second subparagraph is added:

‘By way of derogation from the first subparagraph, when support from the financial instruments is combined in a financial product in a subordinated position to the EU guarantee under this Regulation and/or EU guarantee established by Regulation (EU) 2015/1017, the losses, revenues and repayments from financial products as referred to in paragraph 1, as well as potential recoveries, may also be attributed on a non pro rata basis between the financial instruments and the EU guarantee under this Regulation and/or EU guarantee established by Regulation (EU) 2015/1017.’

(4) Article 8 is amended as follows:

(a) In paragraph 1, the introductory wording is replaced by the following:

‘1. The InvestEU Fund shall operate through the following five policy windows that shall address market failures or suboptimal investment situations with their specific scope:’;

(b) In paragraph 1, the following point (e) is added:

‘(e) a STEP policy window, which comprises investments contributing to the STEP objectives referred to in Article 2 of Regulation .../... [STEP Regulation]’.

(5) In Article 10, the second subparagraph of paragraph 4 is replaced by the following:

‘Where no guarantee agreement has been concluded within 12 months from the conclusion of the contribution agreement, the contribution agreement shall be terminated or prolonged by mutual agreement. Where the amount of a contribution agreement has not been fully committed under one or more guarantee agreements within twelve months from the conclusion of the contribution agreement, that amount shall be amended accordingly. The unused amount of provisioning attributable to amounts allocated by Member States pursuant to the provisions on the use of the ERDF, the ESF+, the Cohesion Fund and the EMFAF delivered through the InvestEU Programme laid down in Regulation (EU) 2021/1060 or to the provisions on the use of the EAFRD delivered through the InvestEU Programme laid down in the CAP Strategic Plans Regulation shall be re-used in accordance with those respective Regulations. The unused amount of provisioning attributable to amounts allocated by a Member State under Article 4(1), third subparagraph, of this Regulation shall be paid back to the Member State.’

(6) Article 13(4) is replaced by the following:

‘4. At least 75 % of the EU guarantee under the EU compartment as referred to in Article 4(1), first subparagraph, amounting to at least EUR 25 239 232 554, shall be granted to the EIB Group. The EIB Group shall provide an aggregate financial contribution amounting to at least EUR 6 309 808 138. That contribution shall be provided in a manner and form that facilitates the implementation of the InvestEU Fund and the achievement of the objectives set out in Article 15(2).’;

(7) In Article 23, the following paragraph 3 is added:

‘3. In the context of the procedures referred to in paragraphs 1 and 2 of this Article, the Commission shall take into account any Sovereignty Seal awarded under Article 4 of Regulation .../... [STEP Regulation] to a project’.

(8) Article 24(2) is amended as follows:

(a) the first subparagraph is replaced by the following:

‘The Investment Committee shall meet in five different configurations, corresponding to the five policy windows referred to in Article 8(1).’

(b) The fifth subparagraph is replaced by the following:

‘Four members of the Investment Committee shall be permanent members of each of the five configurations of the Investment Committee. At least one of the permanent members shall have expertise in sustainable investment. In addition, each of the five configurations shall have two experts with experience in investment in sectors covered by the corresponding policy window. The Steering Board shall assign the Investment Committee members to the appropriate configuration or configurations. A non-permanent member may be assigned to maximum two configurations, subject to fulfilling the requirements for both of them. The Investment Committee shall elect a chairperson from among its permanent members.’

(9) In Article 25, point (j) is added to paragraph 2 as follows:

‘(j) provide advisory support to equity fund managers active in the areas referred to in point (e) of Article 8(1).’

(10) In Article 26, the following paragraph 5 is added:

‘5. In addition to paragraph 4, implementing partners shall also examine projects having been awarded the Sovereignty Seal under Article 4 of Regulation .../... [STEP Regulation] whenever those projects fall within their geographic and activity scope’.

(11) In Article 35, paragraph 5 is added as follows:

‘5. By way of derogation from Article 16, second subparagraph, of this Regulation, financing and investment operations approved by the implementing partner as of 1 January 2023 until the signature of a guarantee agreement or of an amendment to an existing one encompassing the STEP Window may be covered by the EU guarantee, provided that those operations are indicated in the guarantee agreement, pass the policy check referred to in Article 23(1) or receive a favourable opinion within the framework of the procedure provided for in Article 19 of the EIB Statute and are in both cases approved by the Investment Committee in accordance with Article 24.’

(12) In Annex I, point (e) is added as follows:

‘(e) up to EUR 7 500 000 000 for objectives referred to in Article 3(2), point (e).’

(13) In Annex II, point (16) is inserted as follows:

‘(16) scaling up, deployment and large-scale manufacturing of the critical technologies referred to in Article 2(1), point (a) of Regulation .../... [STEP Regulation], as well as the respective value chain referred to in Article 2(4) of that Regulation.’

(14) In Annex III, point (9) is inserted as follows:

‘7a. STEP

7a.1 Investment mobilised by technology area: i) deep and digital technologies, ii) clean technologies and iii) biotechnologies.’

7a.2 Jobs created or supported.

7a.2 Number of enterprises supported by technology area: i) deep and digital technologies, ii) clean technologies and iii) biotechnologies.

Article 17

Amendments to Regulation (EU) 2021/695 [Horizon Europe]

Regulation (EU) 2021/695 is amended as follows:

(1) Article 12 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 86 623 000 000 in current prices for the specific programme referred to in point (a) of Article 1(2) and for the EIT and EUR 9 453 000 000 in current prices for the specific programme referred to in point (c) of Article 1(2). ’

(b) in paragraph 2, points (b) and (c) are replaced by the following:

‘(b) EUR 46 628 000 000 for Pillar II Global Challenges and European Industrial Competitiveness for the period 2021 to 2027, of which:

(i) EUR 6 775 000 000 for cluster Health;

(ii) EUR 1 350 000 000for cluster Culture, Creativity and Inclusive Society;

(iii) EUR 1 276 000 000 for cluster Civil Security for Society;

(iv) EUR 13 229 000 000 for cluster Digital, Industry and Space;

(v) EUR 13 229 000 000 for cluster Climate, Energy and Mobility;

(vi) EUR 8 799 000 000 for cluster Food, Bioeconomy, Natural Resources, Agriculture and Environment;

(vii) EUR 1 970 000 000 for the non-nuclear direct actions of the JRC;

(c) EUR 13 237 000 000 for Pillar III Innovative Europe for the period 2021 to 2027, of which:

(i) EUR 10 052 000 000 for the EIC;

(ii) EUR 459 000 000 for European innovation ecosystems;

(iii) EUR 2 726 000 000 for the EIT;’

(2) In Article 46, the following paragraph 4a is inserted:

‘4a. By derogation from Article 209(3) of the Financial Regulation, repayments including reimbursed advances, revenues and unused amounts net of fees and costs of EIC blended finance of the EIC pilot under Horizon 2020 shall be considered to be internal assigned revenues in accordance with Article 21(3), point (f) and Article 21(4) and (5) of the Financial Regulation. The time restriction of two years set out in the second subparagraph of Article 209(3) of the Financial Regulation shall apply as from the date of entry into force of Regulation .../...69 [STEP Regulation]’.

(3) In Article 48, the following point (d) is added in the first subparagraph:

‘(d) equity-only support required for scale-up to non-bankable SMEs, including start-ups, and non-bankable small mid-caps, including entities which have already received support in line with points (a) to (c), carrying out breakthrough and disruptive non-bankable innovation in the critical technologies referred to in Article 2(1)(a) of Regulation .../... [STEP Regulation], financed under Article 3(b) of that Regulation.’

Article 18

Amendments to Regulation (EU) 2021/697 [EDF]

Regulation (EU) 2021/697 is amended as follows:

(1) Article 4 is amended as follows

(a) Paragraph 1 is replaced by the following:

‘1.   In accordance with Article 12(1) of Regulation (EU) 2021/695, the financial envelope for the implementation of the Fund for the period from 1 January 2021 to 31 December 2027 shall be EUR 9 453 000 000 in current prices.’

(b) in paragraph 2, points (a) and (b) are replaced by the following:

‘(a) EUR 3 151 000 000 for research actions;

(b) EUR 6 302 000 000 for development actions.’

(c) Paragraph 5 is added:

‘An amount of EUR 1 500 000 000 in current prices of the amount referred to in paragraph 2 shall be allocated to calls for proposals or awards of funding supporting investments contributing to the STEP objectives referred to in Article 2(1), point (a)(i) of Regulation .../...70 [STEP Regulation].’

Article 19

Amendments to Regulation (EU) 2021/241 [RRF]

Regulation (EU) 2021/241 is amended as follows:

(1) In Article 7, the following paragraph 3 is added:

‘3. Without prejudice to paragraph 2, Member States may also propose to include in their recovery and resilience plan, as estimated costs, the amount of the cash contribution for the purpose of the Member State compartment pursuant to the relevant provisions of the InvestEU Regulation exclusively for measures supporting investment operations contributing to the STEP objectives referred to in Article 2 of Regulation .../...71 [STEP Regulation]. Those costs shall not exceed 6 % of the recovery and resilience plan’s total financial allocation, and the relevant measures, as set out in the recovery and resilience plan, shall respect the requirements of this Regulation.’

(2) In Article 29 the following paragraph 6 is inserted:

‘6. Prior to launching any calls for proposals or tendering procedures related to the STEP objectives, as defined in Article 2 of Regulation .../... [STEP Regulation], Member States shall make available the following information on the Sovereignty portal referred to in Article 6 of that Regulation:

(a) geographical area covered by the call for proposal;

(b) investment concerned;

(c) type of eligible applicants;

(d) total amount of support for the call;

(e) start and end date of the call;

(f) link to the website where the call will be published.’

CHAPTER 3

FINAL PROVISIONS

Article 20

Entry into force and application


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.