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OPINION (COM(2025)0565 – C100179/2025 – 2025/0240(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security for the period 2028-2034 and amending Regulation (EU) 2023/955 and Regulation (EU, Euratom) 2024/2509

LIBE-AD-786702

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Javier Zarzalejos

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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion on the proposed regulation setting up the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security for 2028-2034. It proposes amendments to add democracy, rule of law and Charter safeguards, including a new 'democracy and rule of law' horizontal condition and a financial interests condition. It wants the Commission to decide on non-fulfilment by delegated act, to inform and publish decisions, and to redirect decommitted funds to civil society. It also seeks stronger protection of the EU's financial interests, cooperation with the EPPO, and independent complaint mechanisms.

Committee position. The committee proposes amendments to strengthen democracy, rule of law and Charter safeguards, protect the EU's financial interests, and increase transparency and parliamentary oversight of the Fund.

Key points

  1. Adds Article 325(4) TFEU to the legal basis of the proposed regulation.
  2. Adds new recitals requiring respect for Charter rights, the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities.
  3. Amends recitals to require Member States to review NRP Plans annually, to support media freedom and pluralism, and to inform Parliament on horizontal enabling conditions.
  4. Adds a recital that decommitted funds should be redirected to non-governmental beneficiaries and civil society organisations in the same Member State.
  5. Amends recitals to require stakeholder consultation, Commission guidance on milestones and targets, and public scrutiny of suspension and release of funds.
  6. Adds recitals on countering fraud, informing Parliament on rule of law and Charter provisions, and reporting criminal conduct to the EPPO.
  7. Amends Article 2 to include protecting and strengthening the rule of law among the Fund's objectives.
  8. Amends Article 3 to add objectives on cross-border connectivity, security, countering disinformation and organised crime, and digitalisation.
  9. Amends Article 7 to require Member States to prevent, detect and address breaches of democracy and rule of law principles, assessed by the Commission on objective criteria.
  10. Amends Article 8 to require independent complaint mechanisms and to define non-fulfilment of the Charter horizontal condition.
  11. Amends Article 9 so the Commission adopts a delegated act determining non-fulfilment of the democracy and rule of law horizontal condition, with criteria for releasing suspended funds.
  12. Adds a PIF horizontal condition and requires Member States to protect the EU's financial interests, report to the EPPO and handle complaints within one year.

Who is affected

  • Member States, which must respect democracy, rule of law and Charter conditions and protect EU financial interests.
  • The Commission, which must assess compliance, adopt delegated acts and inform Parliament.
  • Civil society organisations and non-governmental beneficiaries, which may receive redirected decommitted funds.
  • The European Public Prosecutor's Office, which should receive reports of criminal conduct and support for investigations.

Figures and deadlines

  • 31 January 2028: deadline for Member States to submit NRP Plans.
  • June 2027: date from which Member States may submit a draft NRP Plan.
  • Two months: period for the Commission to adopt a decision on non-fulfilment of the Charter or rule of law condition.
  • One year: period after which the Commission shall reduce the Union financial contribution if the decision has not been repealed.
  • Up to two additional years: possible extension of the one-year period for reducing the contribution.
  • One year: maximum period for complainants to be informed of follow-up to their complaint.
  • Two years: period for which published information must remain available on the website.

Legal basis: Article 42, Article 43(3), Article 46(d), Article 91(1)(d), Article 149, Article 153(2)(a), Articles 164, 175, 177, 178, Article 192(1), Article 194(2), Article 209(1), Article 212(2), Article 322(1)(a), Article 325(4) and Article 349 TFEU.