In public space they appear thesis concerning the alleged threat to Poland SAFE – EU instrument for enhancing Europe's security. peculiar attention has been paid to this debate dedicated a conditionality mechanism, which, according to some, will mean Poland's dependence on "I see you.The Commission. In fact, the instrument SAFE it actually includes a mention to the EU conditionality mechanism, but it is the same rule of protecting the EU budget, which since 2020 includes practically all major EU funds. This condition allows suspend payments only due to infringements threatening the appropriate management of funds.
Analysis
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Source: x.comDebate around SAFE
SAFE is new An EU financial instrument offering low-interest loans to associate States worth a full of EUR 150 billion for joint procurement of military equipment. It is intended to aid countries to rapidly increase investment in European defence capabilities. As part of the programme to Poland has hit almost €44 billion.
Thesis presenting SAFE as a possible threat to Poland is repeated by Confederate and PiS politicians and representatives of the presidential centre. According to any entries in social media, SAFE is to be Poland's dependence on "EU, read German, ideology". In this context, the conditionality mechanics enshrined in the EU should rise doubts Regulation establishing a fresh instrument.
Source: x.comSpokesperson of the president of Poland Rafał Leśkiewicz said in tv Republic:
The conditionality mechanics is nothing but a political decision by the European Commission. If the EC considers, for example, that Poland is illegal, that the political atmosphere in Poland is inappropriate, it can suspend the payment of funds. The president expressed concern that conditionality was the mechanics that could negatively affect the implementation of the project.
What is conditionality mechanism?
The conditionality referred to in the SAFE Regulation is the general rule of access to EU budget funds.
This The Regulation should be implemented in accordance with the applicable provisions adopted pursuant to Article 322 TFEU, in peculiar the Financial Regulation and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
This provision refers to Regulation 2020/2092 of 16 December 2020 on a general conditionality strategy for the protection of the Union budget and to Regulation 2024/2509 of 23 September 2024 on the financial rules applicable to the general budget of the Union. According to Regulation 2024/2509 of 2024, associate States wishing to benefit from EU measures are to respect the EU values enshrined in Article 2 TEU and the Charter of Fundamental Rights. This. latest a version of the Regulation that has been in force since 2012.
Where appropriate, in accordance with sectoral rules, These The Regulation should let authorising officers to take appropriate measures and take action to defend the budget, for example by suspending payments where failure by the associate State afraid to respect the applicable values of the Union and fundamental rights affects the implementation by that associate State of an action financed by Union funds.
Violation of fundamental values and rights must have a direct impact on the implementation of the programme and pose a hazard of irregularities in the spending of funds. The Commission so does not decide to suspend payments under its own ‘see’ but on the basis of circumstantial provisions. Any suspension shall be preceded by a detailed procedure. Within this framework, the Commission shall enter into dialog with the country afraid by sending a announcement in advance containing the factual elements and circumstantial reasons for the doubts raised. The associate State may supply appropriate explanations or take remedial measures, avoiding suspension of payments. However, if the substance is not resolved at the dialog stage, the Commission may propose to the EU Council to suspend payments, giving concrete reasons and evidence for its findings. specified a proposal must be final accepted by the Council of the EU, i.e. the governments of the associate States.
This is so not an "arbitral" conditionality, but a classical EU budget protection mechanism. If a associate State does not guarantee sound control and prosecution of fraud, the Union may temporarily hold the money until the problem is resolved.
KPO and the Law Enforcement Dispute
Opposition politicians inform that SAFE may be a ‘repeat from the KPO’, recalling the suspension of funds during the regulation of the United Right due to the deficiency of recovery of judicial reforms and the restoration of the regulation of law. In fact, these are completely different situations. Payments from the National Recovery Plan were conditional implementation circumstantial ‘stones miles" (e.g. the depoliticization of the ultimate Court), which the United Right Government did not fulfil. In turn, SAFE is subject to general budgetary conditionality (Regulation 2020/2092), which only requires the appropriate spending of funds.
The conditionality mechanics of Regulation 2020/2092 was utilized only erstwhile – against Hungary in 2022. EC recognised that corruption threatens the appropriate management of EU funds. Thus, the Regulation was never utilized against Poland – even during the period of the regulation of the United Right and the dispute over the regulation of law.
Summary
In the public debate they appear thesisEU Instrument to enhance the safety of Europe "SAFE" is a serious threat to Poland. His critics focus inter alia on the conditionality mechanism, suggesting that it will let any blocking of funds by the Commission. In fact, SAFE refers to the same Mechanism conditionality, which since 2020 covers virtually all major EU funds and consists in protecting the EU budget. This means that payments can only be suspended if the infringements are actually threatening the appropriate management of funds – for example in situations of corruption, embezzlement or mediocre control authorities.
Sources
PISM: SAFE a fresh impetus for EU safety and defence
Go on. SAFE is an investment in our safety and Polish armaments
eye.press: What does the right not realize about EU funds, including SAFE? We explain
Eurasive. It's official. KE unlocked the Polish KPO
Concret24: SAFE and conditionality. Of which the opposition made a demon
PISM: Application of the EU conditionality mechanics to Hungary
