Regulation (EU) 2026/211 of the European Parliament and of the Council of 20 January 2026 amending Regulation (EU) 2021/1755 as regards the amounts allocated to Member States under the Brexit Adjustment Reserve

Official Journal EN of the European Union L series 2026/211 23.1.2026 REGULATION (EU) 2026/211 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 January 2026 amending Regulation (EU) 2021/1755 as regards the amounts allocated to Member States under the Brexit Adjustment Reserve THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 175 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(1), After consulting the Committee of the Regions, Acting in accordance with the ordinary legislative procedure(2), Whereas: (1) Since the adoption of Regulation (EU) 2021/1755 of the European Parliament and of the Council(3), unprecedented geopolitical events have occurred, triggered by Russia’s war of aggression against Ukraine, the ensuing energy crisis and the related spike in inflation and interest rates. Those geopolitical and economic developments have brought new emergencies which should be addressed in order to deliver on the Union’s shared priorities and needs. Taking into account the near exhaustion of the limited budgetary flexibilities and the limits reached by redeployment possibilities, the multiannual financial framework established by Council Regulation (EU, Euratom) 2020/2093(4) had to be reinforced for the years 2024 to 2027 in order to provide for the funding most essentially needed to respond to urgent and common challenges. (2) Against that background, the Council adopted Regulation (EU, Euratom) 2024/765(5), which amended Regulation (EU, Euratom) 2020/2093 by reducing the maximum amount laid down in that Regulation for the Brexit Adjustment Reserve (the ‘Reserve’), making it possible to redeploy resources for other purposes. (3) The maximum resources of the Reserve as provided for in Regulation (EU) 2021/1755 should therefore be reduced. To ensure the effective use of the resources that have already been paid to Member States from the Reserve and to avoid jeopardising the implementation in Member States of the Recovery and Resilience Facility established by Regulation (EU) 2021/241 of the European Parliament and of the Council(6), the reduction of the maximum resources of the Reserve should not affect the resources already paid to Member States as pre-financing or the resources which Member States requested to be transferred to the Recovery and Resilience Facility. (4) The amount of EUR 584 264 090 that would have been due to be paid in accordance with Regulation (EU) 2021/1755 in 2025 should therefore not be paid and should be deducted from the overall envelope of the Reserve. (5) Regulation (EU) 2021/1755 should therefore be amended accordingly, (1) Opinion of 23 October 2025 (not yet published in the Official Journal). (2) Position of the European Parliament of 16 December 2025 (not yet published in the Official Journal) and decision of the Council of 20 January 2026. (3) Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (OJ L 357, 8.10.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1755/oj). (4) Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11, ELI: http://data.europa.eu/eli/reg/2020/2093/oj). (5) Council Regulation (EU, Euratom) 2024/765 of 29 February 2024 amending Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L, 2024/765, 29.2.2024, ELI: http://data.europa.eu/eli/reg/2024/ 765/oj). (6) Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17, ELI: http://data.europa.eu/eli/reg/2021/241/oj). ELI: http://data.europa.eu/eli/reg/2026/211/oj 1/2EN OJ L, 23.1.2026 HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EU) 2021/1755 is amended as follows: (1) Article 4(3) is amended as follows: (a) in the first subparagraph, point (b) is replaced by the following: ‘(b) any remaining provisionally allocated amount shall be made available in 2025 in accordance with Article 12.’; (b) the following subparagraph is added: ‘By way of derogation from the first subparagraph of this paragraph, the amounts not transferred to the Recovery and Resilience Facility established by Regulation (EU) 2021/241 of the European Parliament and of the Council(*)in accordance with Article 4a that would be due to be paid by the Commission in accordance with Article 12(3) shall not be paid and shall be deducted from the amount referred to in paragraph 2 of this Article. (*) Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17, ELI: http://data.europa.eu/eli/reg/2021/241/ oj).’; (2) in Article 4a(1), the first sentence is replaced by the following: ‘By 1 March 2023, Member States may submit to the Commission a reasoned request to transfer to the Recovery and Resilience Facility all or part of the amounts of their provisional allocation set out in the implementing act of the Commission referred to in Article 4(5).’. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 20 January 2026. For the European Parliament For the Council The President The President R. METSOLA M. RAOUNA 2/2 ELI: http://data.europa.eu/eli/reg/2026/211/oj