Mid-term review and flexibility amount

1.   For programmes supported by the ERDF, the ESF+, the Cohesion Fund and the JTF, the Member State shall review each programme, taking into account the following elements:
(a)
the new challenges identified in relevant country-specific recommendations adopted in 2024;
(b)
the progress in implementing the integrated national energy and climate plan, if relevant;
(c)
the progress in implementing the principles of the European Pillar of Social Rights;
(d)
the socioeconomic situation of the Member State or region concerned, with special emphasis on territorial needs, taking into account any major negative financial, economic or social development;
(e)
the main results of relevant evaluations;
(f)
the progress in achieving the milestones, taking into account major difficulties encountered in the implementation of the programme;
(g)
for programmes supported by the JTF, the assessment carried out by the Commission, pursuant to point (b) of Article 29(1) of Regulation (EU) 2018/1999.
2.   The Member State shall submit an assessment for each programme on the outcome of the mid-term review, including a proposal for the definitive allocation of the flexibility amount referred to in the second subparagraph of Article 86(1), to the Commission by 31 March 2025.
3.   If deemed necessary following the mid-term review of the programme or in the event that new challenges are identified pursuant to point (a) of paragraph 1, the Member State shall submit to the Commission the assessment referred to in paragraph 2 together with the amended programme.
The revisions shall include:
(a)
the allocations of the financial resources by priority;
(b)
revised or new targets;
(c)
the amounts to be contributed to the InvestEU Programme per Fund and per category of region, where applicable.
The Commission shall approve the revised programme in accordance with Article 24, including a definitive allocation of the flexibility amount.
4.   Where, as a result of the mid-term review, the Member State considers that the programme does not need to be amended, the Commission shall either:
(a)
adopt a decision within 3 months of the submission of the assessment referred to in paragraph 2 confirming the definitive allocation of the flexibility amount; or
(b)
request the Member State within 2 months of the submission of the assessment referred to in paragraph 2 of this Article to submit an amended programme in accordance with Article 24.
5.   Until the adoption of the Commission decision confirming the definitive allocation of the flexibility amount, this amount shall not be available for selection of operations.
6.   The Commission shall prepare a report about the outcome of the mid-term review and submit it to the European Parliament and to the Council by the end of 2026.