Overwegingen bij COM(2023)726 - Wijziging van Uitvoeringsbesluit (EU) (ST 10158/21 en ST 10158/21 ADD 1) betreffende de goedkeuring van de beoordeling van het herstel- en veerkrachtplan voor Duitsland

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dossier COM(2023)726 - Wijziging van Uitvoeringsbesluit (EU) (ST 10158/21 en ST 10158/21 ADD 1) betreffende de goedkeuring van de beoordeling van ...
document COM(2023)726 EN
datum 16 november 2023
 
(1)Following the submission of the national recovery and resilience plan (‘RRP’) by Germany on 28 April 2021, the Commission has proposed its positive assessment to the Council. The Council approved the positive assessment by means of the Council Implementing Decision of 13 July 2021 2 .

(2)Pursuant to Article 11(2) of Regulation (EU) 2021/241, the maximum financial contribution for non-repayable financial support of each Member State should 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)On 9 December 2022, Germany submitted an amended RRP to the Commission in accordance with Article 21(1) of Regulation (EU) 2021/241. Following the submission of the modified RRP by Germany, the Commission has proposed its positive assessment to the Council. The Council approved the positive assessment by means of the Council Implementing Decision of 14 February 2023 3 . 

(4)On 15 September 2023, Germany submitted a modified national RRP, in accordance with Article 18(2) of Regulation (EU) 2021/241, to the Commission. The modified RRP takes into account the updated maximum financial contribution.

(5)On 14 July 2023, the Council addressed recommendations to Germany in the context of the European Semester. In particular, the Council recommended to Germany to significantly accelerate the implementation of its revised RRP. The Council also recommended that Germany speeds up digitalisation of public service and boosts investment in high-capacity digital communication networks, reduces its reliance on fossil fuels and steps up energy efficiency efforts in transport, building and industry, including through investments in green heating systems. Recommendations also include stepping up Germany’s policy efforts aimed at the provision and acquisition of the skills and competences needed for the green transition, improving tax incentives to increase hours worked and safeguarding the long-term sustainability of the pension system.

(6)The submission of the modified RRP followed a consultation process, conducted in accordance with the national legal framework, involving regional authorities, social partners, civil society organisations, environmental associations and other relevant stakeholders. The summary of the consultations was submitted together with the modified national RRP. Pursuant to Article 19 of Regulation (EU) 2021/241, the Commission assessed the relevance, effectiveness, efficiency and coherence of the modified RRP, in accordance with the assessment guidelines set out in Annex V to that Regulation.

Updates based on Article 18(2) of Regulation 2021/241

(7)The modified RRP submitted by Germany updates two measures by increasing their level of required implementation and adds a new measure to take into account the updated maximum financial contribution. Germany has explained that because the maximum financial contribution increased from EUR 26 359 833 613 4 to EUR 28 018 501 973  5 , a modification of three measures in the plan was justified to match the increased contribution. For two measures of component 1.2 “Climate-friendly mobility”, the level of required implementation has been increased, notably for 1.2.1 “Support for the construction of charging infrastructure” and 1.2.3 “Support for the replacement of the private vehicle fleet” and a new measure 1.1.6 “Federal support for efficient heat networks” has been introduced in component 1.1 “Decarbonisation using renewable hydrogen in particular”.

(8)The new measure 1.1.6 in component 1.1. is an investment to provide funding support for the expansion and transformation of district heating systems to integrate renewable energy and waste heat and for the construction of new district heating systems based on renewable energy sources and waste heat. The measure also funds feasibility studies and transformation plans to facilitate the decarbonisation of the German district heating sector by 2045.

(9)Regarding the modification to measures of component 1.2, target 24 of measure 1.2.1 (Support for the construction of charging infrastructure) is increased, and target 30a of measure 1.2.3 (Support for the replacement of the private vehicle fleet) is added to increase the level of required implementation compared to the original plan, reflecting the increased financial contribution available to Germany. 

(10)The Commission considers that the reasons put forward by Germany justify the update pursuant to Article 18(2) of Regulation (EU) 2021/241.

Balanced response contributing to the six pillars

(11)In accordance with Article 19(3), point (a), of and Annex V, criterion 2.1, to Regulation (EU) 2021/241, the modified RRP represents to a large extent (Rating A) a comprehensive and adequately balanced response to the economic and social situation, thereby contributing appropriately to all of the six pillars referred to in Article 3 of that Regulation, taking into account the specific challenges faced by and the financial allocation for the Member State concerned.

(12)The modified RRP increases the level of ambition regarding the first pillar on green transition compared to the original RRP. The ambition for the green transition is increased as further support for the construction of charging infrastructure and for the replacement of private electric vehicles reduces the reliance on fossil fuels, and the newly added support for green district heating networks improves energy efficiency and accelerates the decarbonisation of the energy and buildings sector in particular.

(13)For the other pillars, the nature and extent of the proposed modifications to the RRP do not have an impact on the positive assessment approved by means of Council implementing Decision of 13 July 2021 representing to a large extent a comprehensive and adequately balanced response to the economic and social situation, and on its appropriate contribution to all six pillars referred to in Article 3 of Regulation (EU) 2021/241. 

Addressing all or a significant subset of challenges identified in country-specific recommendations

(14)In accordance with Article 19(3), point (b), of and Annex V, criterion 2.2, to Regulation (EU) 2021/241, the modified RRP is expected to contribute to effectively addressing all or a significant subset of challenges (Rating A) identified in the relevant country-specific recommendations addressed to Germany, including fiscal aspects thereof, and recommendations made pursuant to Article 6 of Regulation (EU) No 1176/2011, or challenges identified in other relevant documents officially adopted by the Commission in the context of the European Semester.

(15)In particular, the modified RRP takes into account country-specific recommendations formally adopted by the Council prior to the assessment of the modified plan by the Commission. As the maximum financial contribution for Germany has been adjusted upwards, all 2022 and 2023 structural recommendations are considered in the overall assessment. 

(16)Having assessed progress in the implementation of all relevant country-specific recommendations as part of the 2023 European Semester, the Commission finds that substantial progress has been achieved with respect to the 2019.2.5 recommendation on strengthening the conditions that support higher wage growth.

(17)The modified RRP includes an extensive set of mutually reinforcing reforms and investments that contribute to effectively addressing all or a significant subset of the economic and social challenges outlined in the country-specific recommendations addressed to Germany by the Council in the context of the European Semester, notably on reducing overall reliance on fossil fuels and improving energy efficiency efforts (2022.4.1 and 2022.4.2), and on energy efficiency in transport and building, including through investments in green district heating systems (CSR 2023.4.3 and 2023.4.4). This is done by funding both the construction of new green district heating networks as well as the decarbonisation of existing networks. The scheme will support renewable heat generation facilities and measures needed to integrate renewable heat and waste heat, including energy efficiency measures and storage units, and incentivise the implementation of decarbonisation strategies. The measure is fully in line with the recommendations to step up efforts to save energy and substitute fossil fuels and is complementary to ongoing reforms in Germany.

(18)In line with the recommendation 2022.4.1 and 2022.4.2 focusing on reducing overall reliance on fossil fuels and improving energy efficiency and recommendation 2023.4.3 to improve energy efficiency in the transport sector, a sizeable effort is made to accelerate investments in climate-friendly mobility. The original RRP contained measures to promote the sale of electric vehicles, supporting battery-electric vehicles. This effort was complemented by support for the construction of charging infrastructure. The modified plan includes an increase in the level of required implementation of the measures 1.2.1 Support for the construction of charging infrastructure and 1.2.3 Support for the replacement of the private vehicle fleet. The measures under component 1.2 Climate-friendly mobility are expected to support Germany in reaching its greenhouse gases emission reduction targets in the transport sector. The support scheme for e-vehicles of measure 1.2.3 is expected to directly boost demand for these types of passenger cars by means of targeted support, while measure 1.2.1 is expected to extend further the necessary charging infrastructure.

(19)By addressing the aforementioned challenges, the modified RRP is expected to also contribute to correcting the imbalances, as identified in recommendations made pursuant to Article 6 of Regulation (EU) No 1176/2011 in 2019, 2020, 2022 and 2023, that Germany faces in particular with regard to its persistent large current account surplus reflecting also subdued investment relative to savings.

Contribution to growth potential, job creation and economic, social and institutional resilience

(20)In accordance with Article 19(3), point (c), of and Annex V, criterion 2.3, to Regulation (EU) 2021/241, the modified RRP is expected to have a high impact (Rating A) on strengthening the growth potential, job creation, and economic, social and institutional resilience of Germany, contributing to the implementation of the European Pillar of Social Rights, including through the promotion of policies for children and youth, and on mitigating the economic and social impact of the COVID-19 crisis, thereby enhancing the economic, social and territorial cohesion and convergence within the Union.

(21)The modified RRP by strengthening measures regarding climate transition and by aiming to, move away from fossil fuels and to increasing energy efficiency in circumstances where high fossil energy prices have a markedly negative impact on the economy, constitutes a key contribution to growth potential and resilience. Notably, the modifications reinforce investments and investment support in decarbonisation of the building and energy sector as well as climate-friendly mobility.

(22)The modifications of the plan do not affect the overall impact of the original plan in promoting smart, sustainable and inclusive growth. as well as the impact of the plan related to social cohesion and the social protection system as well as the link to the Pillar of Social Rights and a focus on children and youth.

(23)Stylised simulations by the Commission services estimate that the modified RRP, including the increased financial contribution, together with the rest of measures of the European Union Recovery Instrument, have the potential to increase the GDP of Germany by between 0.4 % and 0.8% by 2025, not explicitly including the possible positive impact of structural reforms.

Do no significant harm

(24)In accordance with Article 19(3), point (d), of and Annex V, criterion 2.4, to Regulation (EU) 2021/241, the modified RRP is expected to ensure that no measure (Rating A) for the implementation of reforms and investments projects included in this RRP does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council 6 (the principle of ‘do no significant harm’).

(25)Germany has increased the level of required implementation of measures 1.2.1 and 1.2.3 that were already included in the original RRP, which was positively assessed regarding the principle of ‘do no significant harm’. The modification to those measures does not affect their nature and the assessment remains unchanged. In addition, the newly introduced measure 1.1.6, providing support for green district heating systems, does not support heat sources using fossil fuels, it decarbonises existing heating networks and focuses on the integration of renewable heat sources and waste heat for new networks. On this basis, the modified RRP is expected to ensure that no measure ‘does significant harm’.

Contribution to the green transition including biodiversity

(26)In accordance with Article 19(3), point (e), of and Annex V, criterion 2.5, to Regulation (EU) 2021/241, the modified RRP, contains measures that contribute to a large extent (Rating A) to the green transition, including biodiversity, or to addressing the challenges resulting therefrom. The measures supporting climate objectives account for an amount which represents 47.0% of the RRP’s total allocation calculated in accordance with the methodology set out in Annex VI to that Regulation. In accordance with Article 17 of Regulation (EU) 2021/241, the modified RRP is consistent with the information included in the National Energy and Climate Plan 2021-2030.

(27)Measure 1.1.6 on federal funding for green district heating networks aims at achieving net-zero greenhouse gas emissions in the heating sector as well as related sectors (building and industry) by 2045 and in line with the interim targets in Germany’s National Energy and Climate Plan. Green district heating can significantly contribute to reducing GHG emissions and pollutants in the energy, industry and buildings sector, including through the replacement of individual boilers by connecting buildings to the network, energy efficiency gains and the phase out of coal-fired power plants. The measure will work in conjunction with important reforms in the German building and heating sector and with nationally financed complementary funding for district heating such as the Cogeneration Act. The measure is to rely only on sustainable biomass thereby contributing to the preservation of species richness.

(28)Measures 1.2.1 and 1.2.3 are expected to contribute to decarbonising the transport sector through accelerating the uptake of zero-emission vehicles and improving the availability of charging infrastructure. All measures are expected to have co-benefits for biodiversity through their expected effect on decreasing the emission of air pollutants as well as greenhouse gas (GHG) emissions.

Contribution to the digital transition

(29)In accordance with Article 19(3), point (f), of and Annex V, criterion 2.6, to Regulation (EU) 2021/241, the modified RRP contains measures that contribute to a large extent to the digital transition or to addressing the challenges resulting from it. The measures supporting digital objectives account for an amount which represents 48.1% of the modified RRP’s total allocation calculated in accordance with the methodology set out in Annex VII to that Regulation.

(30)The revision of the German RRP does not impact any of the plan’s digital measures. In the modified plan, a significant share of the total allocation continues contributing to the digital transition and a prominence of digital aspects across the majority of its components, Germany’s RRP puts a strong emphasis on the digital transition and the challenges resulting from it across all sectors.

Lasting impact

(31)In accordance with Article 19(3), point (g), of and Annex V, criterion 2.7, to Regulation (EU) 2021/241, the modified RRP is expected to have a lasting impact on Germany to a large extent (Rating A).

(32)The modified RRP increases the ambition of the RRP as a whole, with further investments expected to have a lasting impact in particular what regards the green transition. Notably, the increased support for expanding the charging infrastructure and replacing the private vehicle fleet may increase scale effects through accelerating the transition. The expansion of district heating networks results in the provision of infrastructure with a long lifetime. 

Monitoring and implementation

(33)In accordance with Article 19(3), point (h), of and Annex V, criterion 2.8, to Regulation (EU) 2021/241, the arrangements proposed in the modified RRP are adequate (Rating A) to ensure effective monitoring and implementation of the RRP, including the envisaged timetable, milestones and targets, and the related indicators.

(34)The initial assessment of the RRP, in accordance with Article 19(3), point (h), of and Annex V, criterion 2.8, to Regulation (EU) 2021/241, found that the arrangements proposed in the RRP are adequate to ensure effective monitoring and implementation of the RRP, including the envisaged timetable, milestones and targets, and the related indicators.

(35)The arrangements proposed for the initial RRP remain in place and the previous positive assessment is not affected., The coordinating body in the Federal Ministry of Finance and the line Ministries are responsible for the effective implementation of the plan. The various arrangements set up to devise, negotiate and ensure an efficient and regular implementation of the plan are credible in terms of the legal mandate and administrative capacity. The milestones and targets of the plan constitute an appropriate system for monitoring the plan’s implementation. Milestones and targets are clear and realistic and the indicators for those milestones and targets are relevant, acceptable and robust. Milestones and targets are also relevant for measures already completed which are eligible under Article 17(2) of Regulation (EU) 2021/241. The verification mechanisms, data collection and responsibilities described by the German authorities appear sufficiently robust to justify the disbursement requests in an adequate manner upon satisfactory fulfilment of the milestones and targets.

Costing

(36)In accordance with Article 19(3), point (i), of and Annex V, criterion 2.9, to Regulation (EU) 2021/241, the justification provided in the modified RRP on the amount of the estimated total costs of the RRP is to a medium extent (Rating B) reasonable and plausible, is in line with the principle of cost efficiency and is commensurate to the expected national economic and social impact.

(37)The costing information provided by Germany for the two modified and one new measure do not affect the B rating of the original plan. Germany has provided detailed information for the new investment and for those investments for which the level of required implementation has been increased in the updated RRP under Article 18(2) of Regulation (EU) 2021/241. The estimated costs of those investments are in line with their nature and type and they are accompanied by relevant costing evidence and analysis. The costs of the new measure related to district heating are well justified, reasonable, plausible and do not include costs covered by other existing or planned EU financing. For the new measure, details on the methodology and assumptions underlying the cost estimates provided were limited. Finally, the estimated total cost of the modified RRP is in line with the principle of cost-efficiency and commensurate to the expected national economic and social impact. 

Protection of the financial interests of the Union

(38)In accordance with Article 19(3), point (j), of and Annex V, criterion 2.10, to Regulation (EU) 2021/241, the arrangements proposed in the modified RRP and the additional measures contained in this Decision are adequate (Rating A) to prevent, detect and correct corruption, fraud and conflicts of interests when using the funds provided under that Regulation, and the arrangements are expected to effectively avoid double funding under that Regulation and other Union programmes. This is without prejudice to the application of other instruments and tools to promote and enforce compliance with Union law, including for preventing, detecting and correcting corruption, fraud and conflicts of interest, and for protecting the Union budget in line with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council 7 .

(39)The original assessment of the RRP, in accordance with Article 19(3), point (j), of and Annex V, criterion 2.10, to Regulation (EU) 2021/241, concluded that the arrangements proposed in the original RRP were adequate to prevent, detect and correct corruption, fraud and conflicts of interest when using the funds provided under that Regulation, and that the arrangements were expected to effectively avoid double funding under that Regulation and other Union programmes. Given that no changes were introduced, that assessment remains relevant.

Coherence of the RRP

(40)In accordance with Article 19(3), point (k), of and Annex V, criterion 2.11, to Regulation (EU) 2021/241, the modified RRP includes to a high extent (Rating A) measures for the implementation of reforms and public investment projects that represent coherent actions.

(41)The modified RRP makes changes in two of the existing ten components. The modifications made do not alter the overall coherence of the RRP, taking into account the way the components are mutually reinforcing and complementary. The two measures for which the level of required implementation has been increased and the new measure further reinforce the reduction of greenhouse gas emissions and promote the use of renewable energy which is particularly important in the context of reducing dependency on fossil fuels.

Consultation process

(42)The modified RRP explains that consultations with stakeholders (Länder, social partners, welfare organisations, environmental associations, representatives of civil society) have taken and will continue to take place over the course of the implementation of the original as well as the modified plan on a regular basis. In preparation of the modified RRP the German authorities held meetings with the Länder, the social partners and welfare organisations as well as environmental associations. During these meetings the measures envisaged for the update of the RRP were presented to the stakeholders and discussed. Individual questions were answered, and comments and suggestions were taken into account when finalising the measures for the plan. Feedback received during the original consultation process, most notably with regard to the need to invest in the expansion and transformation of district heating systems to integrate renewable energy and waste heat, has been considered in the new measure ‘Federal support for efficient heat networks’. To ensure ownership by the relevant actors, it is crucial to involve all local authorities and stakeholders concerned, including social partners, throughout the implementation of the investments and reforms included in the modified RRP. 

Positive assessment

(43)Following the positive assessment of the Commission concerning the modified RRP, with the finding that the plan satisfactorily complies with the criteria for assessment set out in Regulation (EU) 2021/241, in accordance with Article 20(2) of and Annex V to that Regulation, the reforms and investment projects necessary for the implementation of the modified RRP, the relevant milestones, targets and indicators, and the amount made available from the Union for the implementation of the modified RRP in the form of non-repayable financial support should be set out.

Financial contribution

(44)The estimated total costs of the modified RRP is EUR 28 749 958 599 . 8 As the amount of the estimated total costs of the modified RRP is higher than the updated maximum financial contribution available for Germany, the financial contribution calculated in accordance with Article 11 allocated for Germany's modified RRP should be equal to the total amount of the financial contribution available for Germany's modified RRP. This amount is equal to EUR 28 018 501 973. 

(45)Council Implementing Decision ST 10158/21 and ST 10158/21 ADD 1 of 13 July on the approval of the assessment of the RRP for Germany, as amended by Council Implementing Decision ST 5536/23 of 14 February 2023, should therefore be amended accordingly.