The European Commission has adopted two legal acts that will pave the way for Poland to access up to €137 billion in EU funding.
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These acts relate to the rule of law reforms that Poland has adopted and the more recent and immediate steps that it has taken to address the milestones to strengthen judicial independence.
Under the Recovery and Resilience Facility (RRF), the Commission has concluded its preliminary assessment of Poland's first payment request.
The Commission concludes that Poland has satisfactorily fulfilled the two “super milestones†to strengthen important aspects of the independence of the Polish judiciary through reforming the disciplinary regime for judges.
It has also satisfactorily fulfilled another super milestone committing Poland to use Arachne, an IT tool that supports Member States' audit and control systems and which therefore ensures the necessary safeguards against fraud.
Once confirmed by Member States, the Commission assessment would allow for the disbursement of €6.3 billion (net of pre-financing) in the coming weeks, from a total of up to €59.8 billion in RRF funds to Poland.
Following the above-mentioned reforms, the Commission also considers that Poland now fulfils the horizontal enabling condition related to the EU Charter of Fundamental Rights, allowing Poland to access up to €76.5 billion for its 2021–2027 Cohesion Policy, European Maritime, Fisheries and Aquaculture, and Home Affairs funding programmes.
The Commission also welcomes the commitment of the Polish government to address the long-standing rule of law concerns, also going beyond those regarding the disciplinary regime for judges, as based on the Commission's recommendations.
The Commission concluded that following the measures taken between June 2022 and February 2024, the disciplinary regime applicable to Polish judges has been comprehensively reformed.
The measures adopted by the Polish authorities will strengthen important aspects of the independence of the judiciary in Poland, overall improving the country's investment climate.
Following its preliminary assessment of the first payment request submitted by Poland on 15 December 2023, the Commission considers that Poland has satisfactorily fulfilled the 37 milestones and one target set out in the Council Implementing Decision approving Poland's RRP.
This includes the two “super milestones†to strengthen important aspects of the independence of the judiciary and one “super milestone†related to audit and control.
To ensure the effective protection of the Union's financial interests, these three “super milestones†must be fulfilled before any payment following a payment request can be made.
Commission preliminary assessment paves the way for the disbursement of €59.8 billion in RRF funds (€25.3 billion in grants and €34.5 billion in loans), i.e.: by launching the procedure for the disbursement of Poland's first payment request of €6.3 billion (net of pre-financing), as well as further disbursements of the overall RRF funds, conditional upon the satisfactory fulfilment of the milestones and targets outlined in its plan, until the end of 2026.
The Commission has also adopted a decision confirming Poland's participation in the European Public Prosecutor's Office (EPPO). Following the request sent to the Commission by Poland, the EPPO will be competent to investigate and prosecute crimes affecting the Union's financial interests committed in Poland after 1 June 2021.
Poland will become part of the EPPO as of the date of the entry into force of the Commission's decision. The EPPO will be able to start its operations and investigations in Poland twenty days after the appointment of the European Prosecutor from Poland by the Council. ■