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Document 02021R1056-20210630
Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund
Consolidated text: Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund
Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund
02021R1056 — EN — 30.06.2021 — 000.001
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REGULATION (EU) 2021/1056 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.6.2021, p. 1) |
Corrected by:
REGULATION (EU) 2021/1056 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 June 2021
establishing the Just Transition Fund
Article 1
Subject matter and scope
This Regulation establishes the Just Transition Fund (JTF) to provide support to the people, economies and environment of territories which face serious socio-economic challenges deriving from the transition process towards the Union’s 2030 targets for energy and climate as defined in point (11) of Article 2 of Regulation (EU) 2018/1999 of the European Parliament and of the Council ( 1 ) and a climate-neutral economy of the Union by 2050.
It lays down the specific objective of the JTF, its geographical coverage and resources, the scope of its support with regard to the Investment for jobs and growth goal referred to in point (a) of Article 5(2) of Regulation (EU) 2021/1060, as well as specific provisions for programming and indicators necessary for monitoring.
Article 2
Specific objective
In accordance with the second subparagraph of Article 5(1) of Regulation (EU) 2021/1060, the JTF shall contribute to the single 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.
Article 3
Geographical coverage and resources under the Investment for jobs and growth goal
Article 4
Resources from the European Union Recovery Instrument
This amount shall be considered other resources as referred to in Article 3(3) of this Regulation. As provided for in Article 3(1) of Regulation (EU) 2020/2094, this amount shall constitute external assigned revenue for the purpose of Article 21(5) of the Financial Regulation.
The amount referred to in paragraph 1 of this Article shall be made available for budgetary commitment under the Investment for jobs and growth goal for the years 2021 to 2023, in addition to the resources referred to in Article 3, as follows:
An amount of EUR 15 600 000 in 2018 prices shall be made available for administrative expenditure from the resources referred to in the first subparagraph.
Article 5
Green Rewarding Mechanism
The allocation of additional resources for each Member State shall be determined in accordance with the following:
for Member States that achieved a reduction in greenhouse gas emissions, the reduction in greenhouse gas emissions achieved by each Member State shall be calculated by expressing the level of greenhouse gas emissions of the latest reference year as a percentage of the greenhouse gas emissions observed in 2018; for Member States that have not achieved a reduction in greenhouse gas emissions, that percentage shall be set at 100 %;
the final share for each Member State shall be obtained by dividing national shares set out in Annex I by the percentages resulting from point (a); and
the result from the calculation under point (b) shall be rescaled in order to sum up to 100 %.
Article 6
Specific allocations for outermost regions and islands
When preparing their territorial just transition plans in accordance with Article 11(1), Member States shall take particular account of the situation of islands and outermost regions facing serious socio-economic challenges deriving from the transition process towards the Union’s 2030 targets for energy and climate and a climate-neutral economy of the Union by 2050, having regard to their specific needs as recognised in Articles 174 and 349 TFEU.
When including such territories in their territorial just transition plans, Member States shall set out the specific amount allocated for those territories with the corresponding justification, taking into account the specific challenges of those territories.
Article 7
Conditional access to resources
By way of derogation from Article 10(1) of this Regulation, the remaining 50 % of the annual allocations shall not be included in the priorities. In such cases, the programmes supported from the JTF and submitted in accordance with Article 21 of Regulation (EU) 2021/1060 shall include only 50 % of the annual JTF allocations in the table referred to in point (g)(ii) of Article 22(3) of that Regulation. The table referred to in point (g)(i) of Article 22(3) of that Regulation shall identify separately the allocations available for programming and those allocations that shall not be programmed.
By way of derogation from Article 105 of Regulation (EU) 2021/1060, in the absence of the Member State’s commitment to implement the objective of achieving a climate-neutral Union by 2050 by 31 December of any given year starting from 2022, budgetary commitments for the preceding year which relate to non-programmed allocations shall be decommitted in their entirety in the following year.
Article 8
Scope of support
In accordance with paragraph 1, the JTF shall exclusively support the following activities:
productive investments in SMEs, including microenterprises and start-ups, leading to economic diversification, modernisation and reconversion;
investments in the creation of new firms, including through business incubators and consulting services, leading to job creation;
investments in research and innovation activities, including by universities and public research organisations, and fostering the transfer of advanced technologies;
investments in the deployment of technology as well as in systems and infrastructures for affordable clean energy, including energy storage technologies, and in greenhouse gas emission reduction;
investments in renewable energy in accordance with Directive (EU) 2018/2001 of the European Parliament and of the Council ( 3 ), including the sustainability criteria set out therein, and in energy efficiency, including for the purposes of reducing energy poverty;
investments in smart and sustainable local mobility, including decarbonisation of the local transport sector and its infrastructure;
rehabilitation and upgrade of district heating networks with a view to improving energy efficiency of district heating systems and investments in heat production provided that the heat production installations are supplied exclusively by renewable energy sources;
investments in digitalisation, digital innovation and digital connectivity;
investments in regeneration and decontamination of brownfield sites, land restoration and including, where necessary, green infrastructure and repurposing projects, taking into account the ‘polluter pays’ principle;
investments in enhancing the circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling;
upskilling and reskilling of workers and jobseekers;
job-search assistance to jobseekers;
active inclusion of jobseekers;
technical assistance;
other activities in the areas of education and social inclusion including, where duly justified, investments in infrastructure for the purposes of training centres, child- and elderly-care facilities as indicated in territorial just transition plans in accordance with Article 11.
Additionally, the JTF may support, in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 11(2) of this Regulation. Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan, where they contribute to the transition to a climate-neutral economy of the Union by 2050 and to achieving related environmental targets, where their support is necessary for job creation in the identified territory, and where they do not lead to relocation as defined in point (27) of Article 2 of Regulation (EU) 2021/1060.
The JTF may also support investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (i) of Article 11(2) of this Regulation. Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Article 9
Exclusion from the scope of support
The JTF shall not support:
the decommissioning or the construction of nuclear power stations;
the manufacturing, processing and marketing of tobacco and tobacco products;
an undertaking in difficulty, as defined in point (18) of Article 2 of Commission Regulation (EU) No 651/2014 ( 4 ), unless authorised under temporary State aid rules established to address exceptional circumstances or under de minimis aid to support investments reducing energy costs in the context of the energy transition process;
investment related to the production, processing, transport, distribution, storage or combustion of fossil fuels.
Article 10
Programming of the JTF resources
The Commission shall only approve a programme, or any amendment thereto, where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the integrated national energy and climate plan of the Member State concerned.
In accordance with Article 112 of Regulation (EU) 2021/1060, the co-financing rate, applicable to the region where the territory or territories identified in the territorial just transition plans in accordance with Article 11 of this Regulation are located, for the JTF priority or priorities shall not be higher than:
85 % for less developed regions;
70 % for transition regions;
50 % for more developed regions.
Article 11
Territorial just transition plans
A territorial just transition plan shall contain the following elements:
a description of the transition process at national level towards a climate-neutral economy, including a timeline of the key transition steps towards the Union’s 2030 targets for energy and climate and a climate-neutral economy of the Union by 2050 which are consistent with the latest version of the integrated national energy and climate plan;
a justification for identifying the territories as most negatively affected by the transition process referred to in point (a) of this paragraph and to be supported by the JTF, in accordance with paragraph 1;
an assessment of the transition challenges faced by the identified most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy of the Union by 2050, identifying the potential number of affected jobs and job losses, the depopulation risks, and the development needs and objectives, to be reached by 2030 and linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
a description of the expected contribution of the JTF support to addressing the social, demographic, economic, health and environmental impacts of the transition to a climate-neutral economy of the Union by 2050, including the expected contribution in terms of job creation and preservation;
an assessment of its consistency with other relevant national, regional or territorial strategies and plans;
a description of the governance mechanisms consisting of the partnership arrangements, the monitoring and evaluation measures planned and the responsible bodies;
a description of the type of operations envisaged and their expected contribution to alleviating the impact of the transition;
where support is to be provided to productive investments in enterprises other than SMEs, an indicative list of operations and enterprises to be supported and a justification of the necessity of such support through a gap analysis demonstrating that the expected job losses would exceed the expected number of jobs created in the absence of the investment;
where support is to be provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC, a list of operations to be supported and a justification that they contribute to a transition to a climate-neutral economy and lead to a substantial reduction in greenhouse gas emissions going substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC and provided that these operations are necessary for the protection of a significant number of jobs;
synergies and complementarities with other relevant Union programmes to address identified development needs; and
synergies and complementarities with planned support from the other pillars of the Just Transition Mechanism.
Where the update of an integrated national energy and climate plan pursuant to Article 14 of Regulation (EU) 2018/1999 necessitates a revision of a territorial just transition plan, that revision shall be carried out as part of the mid-term review in accordance with Article 18 of Regulation (EU) 2021/1060.
Article 12
Indicators
Article 13
Financial corrections
Based on the examination of the final performance report of the programme, the Commission may make financial corrections in accordance with Article 104 of Regulation (EU) 2021/1060 where less than 65 % of the target set out for one or more output indicators is achieved.
Financial corrections shall be in proportion to the achievements and shall not be applied where the failure to achieve targets is due to the impact of socio-economic or environmental factors, significant changes in the economic or environmental conditions in the Member State concerned or because of reasons of force majeure seriously affecting implementation of the priorities concerned.
Article 14
Review
By 30 June 2025, the Commission shall review the implementation of the JTF with regard to the specific objective set out in Article 2, taking into account possible changes in Regulation (EU) 2020/852 and the Union’s climate objectives set out in a Regulation of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’), and the evolution in the implementation of the Sustainable Europe Investment Plan. On that basis, the Commission shall submit a report to the European Parliament and to the Council, which may be accompanied by legislative proposals.
Article 15
Entry into force
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.
ANNEX I
MEMBER STATE ALLOCATIONS
|
Allocations from the European Union Recovery Instrument |
Allocations from MFF resources |
Total allocations |
Member States’ share from total |
Belgium |
95 |
71 |
166 |
0,95 % |
Bulgaria |
673 |
505 |
1 178 |
6,73 % |
Czechia |
853 |
640 |
1 493 |
8,53 % |
Denmark |
46 |
35 |
81 |
0,46 % |
Germany |
1 288 |
966 |
2 254 |
12,88 % |
Estonia |
184 |
138 |
322 |
1,84 % |
Ireland |
44 |
33 |
77 |
0,44 % |
Greece |
431 |
324 |
755 |
4,31 % |
Spain |
452 |
339 |
790 |
4,52 % |
France |
535 |
402 |
937 |
5,35 % |
Croatia |
97 |
72 |
169 |
0,97 % |
Italy |
535 |
401 |
937 |
5,35 % |
Cyprus |
53 |
39 |
92 |
0,53 % |
Latvia |
100 |
75 |
174 |
1,00 % |
Lithuania |
142 |
107 |
249 |
1,42 % |
Luxembourg |
5 |
4 |
8 |
0,05 % |
Hungary |
136 |
102 |
237 |
1,36 % |
Malta |
12 |
9 |
21 |
0,12 % |
Netherlands |
324 |
243 |
567 |
3,24 % |
Austria |
71 |
53 |
124 |
0,71 % |
Poland |
2 000 |
1 500 |
3 500 |
20,00 % |
Portugal |
116 |
87 |
204 |
1,16 % |
Romania |
1 112 |
834 |
1 947 |
11,12 % |
Slovenia |
134 |
101 |
235 |
1,34 % |
Slovakia |
239 |
179 |
418 |
2,39 % |
Finland |
242 |
182 |
424 |
2,42 % |
Sweden |
81 |
61 |
142 |
0,81 % |
EU 27 |
10 000 |
7 500 |
17 500 |
100,00 % |
Allocations in EUR million, in 2018 prices and before deductions for technical assistance and administrative expenditure (totals may not tally due to rounding up or down).
ANNEX II
TEMPLATE FOR TERRITORIAL JUST TRANSITION PLANS
1. Outline of the transition process and identification of the most negatively affected territories within the Member State
Text field [12000]
Reference: point (a) of Article 11(2)
1.1. Outline of the expected transition process towards the Union’s 2030 targets for energy and climate and a climate-neutral economy of the Union by 2050, in line with the objectives of the integrated national energy and climate plans and other existing transition plans with a timeline for ceasing or scaling down activities such as coal and lignite mining or coal-fired electricity production
Reference: point (b) of Article 11(2)
1.2. Identifying the territories expected to be the most negatively affected and justifying this choice with the corresponding estimation of the economic and employment impacts based on the outline of Section 1.1
Reference: Article 6
1.3. Identifying the outermost regions and islands with specific challenges within territories listed under Section 1.1 and the specific amounts allocated for those territories with corresponding justification
2. Assessment of transition challenges, for each of the identified territories
2.1. Assessment of the economic, social and territorial impact of the transition to a climate-neutral economy of the Union by 2050
Reference: point (c) of Article 11(2)
Text field [12000]
Identification of economic activities and industrial sectors impacted, distinguishing:
For each of the two types of sectors:
2.2. Development needs and objectives by 2030 in view of reaching a climate-neutral economy of the Union by 2050
Reference: point (d) of Article 11(2)
Text field [6000]
2.3. Consistency with other relevant national, regional or territorial strategies and plans
Reference: point (e) of Article 11(2)
Text field [6000]
2.4. Types of operations envisaged
Text field [12000]
Reference: point (g) of Article 11(2)
Reference: point (h) of Article 11(2)
To fill in only if support is provided to productive investments in enterprises other than SMEs:
Update or fill in this section through the revision of the territorial just transition plans, depending on the decision to provide such support.
Reference: point (i) of Article 11(2);
To fill in only if support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC:
Update or fill in this section through the revision of the territorial just transition plans, depending on the decision to provide such support.
Reference: point (j) of Article 11(2)
Reference: point (k) of Article 11(2) and Article 11(5)
3. Governance mechanisms
Reference: point (f) of Article 11(2)
Text field [5000]
3.1. Partnership
3.2. Monitoring and evaluation
3.3. Coordination and monitoring body/bodies
Body or bodies responsible for coordinating and monitoring the implementation of the plan and their role
4. Programme-specific output or result indicators
Reference: Article 12(1)
To fill in only if programme-specific indicators are envisaged:
Table 1.
Output indicators
Specific objective |
ID [5] |
Indicator [255] |
Measurement unit |
Milestone (2024) |
Target (2029) |
|
|
|
|
|
|
Table 2.
Result indicators
Specific objective |
ID [5] |
Indicator [255] |
Measurement unit |
Baseline or reference value |
Reference year |
Target (2029) |
Source of data [200] |
Comments [200] |
|
|
|
|
|
|
|
|
|
ANNEX III
COMMON OUTPUT INDICATORS AND COMMON RESULT INDICATORS FOR THE JUST TRANSITION FUND ( 5 )
REGIO Common Output Indicators (RCO) and REGIO Common Result Indicators (RCR) |
|
Outputs |
Results |
RCO 01 - Enterprises supported (of which: micro, small, medium, large) (*1)
|
RCR 01 - Jobs created in supported entities RCR 102 – Research jobs created in supported entities RCR 02 - Private investments matching public support (of which: grants, financial instruments) (*1) RCR 03 – Small and medium-size enterprises (SMEs) introducing product or process innovation RCR 04 - SMEs introducing marketing or organisational innovation RCR 05 - SMEs innovating in-house RCR 06 - Patent applications submitted RCR 29a – Estimated greenhouse-gas emissions from activities listed in Annex I to Directive 2003/87/EC in supported enterprises |
RCO 13 – Value of digital services, products and processes developed for enterprises |
RCR 11 - Users of new and upgraded public digital services, products and processes RCR 12 - Users of new and upgraded digital services, products and processes developed by enterprises |
RCO 15 - Capacity of incubation created |
RCR 17 - New enterprises surviving in the market RCR 18 - SMEs using incubator services after incubator creation |
RCO 101 – SMEs investing in skills for smart specialisation, for industrial transition and entrepreneurship |
RCR 97 – Apprenticeships supported in SMEs RCR 98 – SMEs staff completing training for skills for smart specialisation, for industrial transition and entrepreneurship (by type of skill: technical, management, entrepreneurship, green, other) (*1) |
RCO 18 – Dwellings with improved energy performance RCO 19 - Public buildings with improved energy performance RCO 20 - District heating and cooling network lines newly constructed or improved RCO 104 – Number of high efficiency co-generation units |
RCR 26 - Annual primary energy consumption (of which: dwellings, public buildings, enterprises, other) (*1) RCR 29 – Estimated greenhouse gas emissions |
RCO 22 - Additional production capacity for renewable energy (of which: electricity, thermal) (*1) |
RCR 31 - Total renewable energy produced (of which: electricity, thermal) (*1) RCR 32 – Additional operational capacity installed for renewable energy |
RCO 34 - Additional capacity for waste recycling RCO 107 – Investments in facilities for separate waste collection RCO 119 - Waste prepared for re-use |
RCR 47 - Waste recycled RCR 48 - Waste used as raw materials |
RCO 36 - Green infrastructure supported for other purposes than adaptation to climate change RCO 38 - Surface area of rehabilitated land supported RCO 39 – Area covered by systems for monitoring air pollution installed |
RCR 50 - Population benefiting from measures for air quality (*2) RCR 52 - Rehabilitated land used for green areas, social housing, economic or other uses |
RCO 55 - Length of new tram and metro lines RCO 56 - Length of reconstructed or modernised tram and metro lines RCO 57 – Capacity of environmentally friendly rolling stock for collective public transport RCO 58 - Dedicated cycling infrastructure supported RCO 60 - Cities and towns with new or modernised digitised urban transport systems |
RCR 62 - Annual users of new or modernised public transport RCR 63 - Annual users of new or modernised tram and metro lines RCR 64 - Annual users of dedicated cycling infrastructure |
RCO 61 – Surface of new or modernised facilities for employment services |
RCR 65 – Annual users of new or modernised facilities for employment services |
RCO 66 - Classroom capacity of new or modernised childcare facilities RCO 67 - Classroom capacity of new or modernised education facilities |
RCR 70 - Annual users of new or modernised childcare facilities RCR 71 - Annual users of new or modernised education facilities |
RCO 113 - Population covered by projects in the framework of integrated actions for socioeconomic inclusion of marginalised communities, low income households and disadvantaged groups (*2) |
|
RCO 69 - Capacity of new or modernised health care facilities RCO 70 - Capacity of new or modernised social care facilities (other than housing) |
RCR 72 – Annual users of new or modernised e-health care services RCR 73 - Annual users of new or modernised health care facilities RCR 74 - Annual users of new or modernised social care facilities |
Common Immediate Output Indicators (EECO) and Common Immediate Result Indicators (EECR) for participants (1) , (2) |
|
Outputs |
Results |
EECO 01- unemployed, including long-term unemployed (*2) EECO 02 - long-term unemployed (*2) EECO 03 – inactive (*2) EECO 04 - employed, including self-employed (*2) EECO 05 – number of children below 18 years of age (*2) EECO 06 - young people between 18 and 29 years of age (*2) EECO 07 - number of participants of 55 years of age and above (*2) EECO 08 - with lower secondary education or less (ISCED 0-2) (*2) EECO 09 - with upper secondary (ISCED 3) or post-secondary education (ISCED 4) (*2) EECO 10 - with tertiary education (ISCED 5 to 8) (*2) EECO 11 - total number of participants (3) |
EECR 01 - participants engaged in job searching upon leaving (*2) EECR 02 - participants in education or training upon leaving (*2) EECR 03 - participants gaining a qualification upon leaving (*2) EECR 04 - participants in employment, including self-employment, upon leaving (*2) |
(*1)
Breakdown not requested for programming but only for reporting.
(*2)
Data reported are personal data according to Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(1)
All output and result indicators related to participants are to be reported.
(2)
Personal data are to be broken down by gender (women, men, non-binary persons, according to national law). If certain results are not possible, data for those results do not have to be collected or reported. Where appropriate, common output indicators can be reported based on the target group of the operation. When data are collected from registers or equivalent sources, Member States may use national definitions.
(3)
This indicator shall be calculated automatically on the basis of the common output indicators relating to employment status. |
( 1 ) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
( 2 ) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
( 3 ) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
( 4 ) Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
( 5 ) For presentational reasons, indicators are grouped to provide for easier matching with the indicators included in other Fund-specific Regulations.