Answer given by Ms Ferreira on behalf of the European Commission
21.10.2021
Under EU Cohesion Policy[1], the rules of shared management require Member States and the Commission to prevent discrimination, including based on sexual orientation, in the preparation and implementation of programmes supported by the funds[2]. In addition, the funds are to be implemented in compliance with the EU Charter of Fundamental Rights (the Charter).
The criteria for selecting projects, which are under the responsibility of the managing authorities, should also ensure the respect of this principle.
In case of non-compliance, financial corrections are applied by the Member States or the Commission. On 3 September 2021, the Commission sent a letter to the authorities of the five so-called ‘LGBT free’ Polish regions recalling the letter of formal notice it sent to Poland in the infringement procedure launched on 15 July 2021 in relation to the ‘anti-LGBT resolutions’.
Poland’s response to this letter of formal notice and compliance with the non-discrimination principle will inform the Commission’s assessment regarding the programming of the additional financial resources of the REACT-EU programme.
The Commission verifies and monitors Member States’ fulfilment of the horizontal enabling condition on the Charter by checking if effective mechanisms are in place to ensure compliance of each programme with the Charter, including as regards non-discrimination .
In case the enabling condition on the Charter is not fulfilled, related expenditure will not be reimbursed until the situation is reversed. The Commission will assess the situation after the formal submission of the Polish programmes to the Commission and will monitor the compliance with horizontal principles[3] throughout the preparation and implementation of the programmes.
- [1] Art. 7 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17.12.2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006, OJ L 347, 20.12.2013.
- [2] The European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime Fund.
- [3] The enabling condition, fundamental rights, and the principle of non-discrimination based on sexual orientation set out in Regulation EU 2021/1060.