Procedure : 2018/0196(COD)
Document stages in plenary
Document selected : A8-0043/2019

Texts tabled :

A8-0043/2019

Debates :

PV 13/02/2019 - 6
CRE 13/02/2019 - 6

Votes :

PV 13/02/2019 - 8.14
CRE 13/02/2019 - 8.14
Explanations of votes
PV 27/03/2019 - 18.11

Texts adopted :

P8_TA(2019)0096
P8_TA(2019)0310

REPORT     ***I
PDF 1015kWORD 514k
29.1.2019
PE 626.671v02-00 A8-0043/2019

on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

(COM(2018)0375 – C8‑0230/2018 – 2018/0196(COD))

Committee on Regional Development

Rapporteur: Andrey Novakov, Constanze Krehl

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 OPINION of the Committee on Economic and Monetary Affairs
 OPINION of the Committee on Employment and Social Affairs
 OPINION of the Committee on the Environment, Public Health and Food Safety
 OPINION of the Committee on Transport and Tourism
 OPINION of the Committee on Agriculture and Rural Development
 OPINION of the Committee on Civil Liberties, Justice and Home Affairs
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

(COM(2018)0375 – C8‑0230/2018 – 2018/0196(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0375),

–  having regard to Article 294(2) and Articles 177, 322(1)(a) and 349 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0230/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of ... (1),

–  having regard to the opinion of the Committee of the Regions of ... (2),

–  having regard to the opinion of the Court of Auditors of 25 October 2018(3),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Regional Development and also the opinion of the Committee on Budgets, the position in the form of amendments of the Committee on Budgetary Control, the opinion of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism, the Committee on Agriculture and Rural Development, the Committee on Civil Liberties, Justice and Home Affairs and the position in the form of amendments of the Committee on Women’s Rights and Gender Equality (A8-0043/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Title

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the European Agricultural Fund for Rural Development, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

Amendment    2

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.

(1)  Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. These regions particularly benefit from cohesion policy. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.

Amendment    3

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  It is important for the future of the European Union and its citizens that cohesion policy remains the main investment policy of the Union, keeping its funding in the 2021-2027 period at least at the level of the 2014-2020 programming period. New funding for other areas of activity or programmes of the Union should not be to the detriment of the European Regional Development Fund, the European Social Fund Plus or the Cohesion Fund.

Amendment    4

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF.

(2)  In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development ('EAFRD'), measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF.

Amendment    5

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)  The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession.

(4)  The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession in order to address their specific disadvantages related to their geographic location.

Amendment    6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.

(5)  Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of the Child and of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation or exclusion, or support infrastructure which is inaccessible to persons with a disability. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article191(1) of the TFEU, taking into account the polluter pays principle and taking into account the commitments agreed under the Paris Agreement. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. Poverty is one of the greatest challenges of the EU. The Funds should therefore contribute to the elimination of poverty. They should also contribute to fulfilling the commitment of the Union and its Member States to achieving the United Nations’ Sustainable Development Goals.

Amendment    7

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditure supporting climate objectives.

(9)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstreaming climate actions and to the achievement of an overall target of 30 % of the EU budget expenditure supporting climate objectives. Climate proofing mechanisms should be an integral part of programming and implementation.

Amendment    8

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a)  Given the impact of migration flows from third countries, cohesion policy should contribute to integration processes, in particular by providing infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies.

Amendment    9

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination.

(10)  Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination. Member States should be responsible for preparing and implementing programmes. This should take place at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and by the bodies designated by them for that purpose. Member States should refrain from adding rules that complicate the use of the funds for beneficiaries.

__________________

__________________

12 OJ L […], […], p. […].

12 OJ L […], […], p. […].

Amendment    10

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to apply.

(11)  The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of regional, local, and other public authorities, civil society and social partners. In order to provide continuity in the organisation of partnership, the Commission should be empowered to amend and adapt Commission Delegated Regulation (EU) No 240/201413.

__________________

__________________

13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

Amendment    11

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU.

deleted

Amendment    12

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)  Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.

(13)  Member States should take into account relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) in the preparation of programming documents, where they are consistent with the programme’s objectives. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs, as well as of the European Pillar of Social Rights. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.

Amendment    13

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union14 , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes, as well as for the financial needs allocated for low-carbon investments.

(14)  Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union14 , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes, including during the mid-term review, as well as for the financial needs allocated for low-carbon investments.

__________________

__________________

14 [Regulation on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM/2016/0759 final/2 - 2016/0375 (COD)].

14 [Regulation on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM/2016/0759 final/2 - 2016/0375 (COD)].

Amendment    14

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)  The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, Partnership Agreements can be included as part of a programme.

(15)  The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, it should be possible for Partnership Agreements to be included as part of a programme.

Amendment    15

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)  Each Member State should have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State.

(16)  Each Member State could have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State, under certain conditions specified in Article 10 of this Regulation.

Amendment    16

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework.

(17)  To ensure the necessary prerequisites for the inclusive, non-discriminatory, effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework.

Amendment    17

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18)  Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance.

(18)  Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance. This should allow project selection and evaluation to be result-driven.

Amendment    18

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)  The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.

(19)  The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024, as well as progress with the National Energy and Climate Plans and the European Pillar of Social Rights. Demographic challenges should also be taken into account. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.

Amendment    19

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20)  Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.

(20)  Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal and after consulting the European Parliament. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.

Amendment    20

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20 a)  Member States could make in duly justified cases a request for flexibility within the current framework of the Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments activated as part of European Structural and Investment Funds (‘ESI Funds’). The Commission should carefully assess the respective request, when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact.

Amendment    21

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22 a)  Major projects represent a substantial share of Union spending and are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth. It is therefore justified that operations above certain thresholds continue to be subject to specific approval procedures under this Regulation. The threshold should be established in relation to total eligible cost after taking account of expected net revenues. To ensure clarity, it is appropriate to define the content of a major project application for such a purpose. The application should contain the necessary information to provide assurance that the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union. The Member State should submit all required information and the Commission should appraise the major project to determine whether the requested financial contribution is justified.

Amendment    22

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)  To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD') or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.

(23)  To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD', known as 'LEADER' under the EAFRD), or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. The same should apply to related initiatives such as the Smart Villages. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.

Amendment    23

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24)  To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a 'Lead Fund' approach should be facilitated.

(24)  To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community and administrative capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a 'Lead Fund' approach should be facilitated.

Amendment    24

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25)  In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground.

(25)  In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures, such as the evaluation of the skills set of human resources, using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground.

Amendment    25

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27)  In order to examine the performance of the programmes, the Member State should set up monitoring committees. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.

(27)  In order to examine the performance of the programmes, the Member State should set up monitoring committees, consisting also of representatives of civil society and social partners. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.

Amendment    26

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28)  Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201616, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground.

(28)  Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201616, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground. Indicators should be developed in a gender sensitive manner when possible.

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16 OJ L 123, 12.5.2016, p. 13.

16 OJ L 123, 12.5.2016, p. 13.

Amendment    27

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29)  To ensure availability of comprehensive up-to-date information on programme implementation, more frequent electronic reporting on quantitative data should be required.

(29)  To ensure availability of comprehensive up-to-date information on programme implementation, effective and timely electronic reporting on quantitative data should be required.

Amendment    28

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30)  In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds.

(30)  In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds. The results of these evaluations should be made public.

Amendment    29

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34)  As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private.

(34)  As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. Where a Member State intends to propose the use of a simplified cost option, it could consult the monitoring committee.

Amendment    30

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36)  In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects.

(36)  In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects, as well as with projects funded under Horizon Europe and other Union programmes.

Amendment    31

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38)  To ensure the effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.

(38)  To ensure the inclusiveness, effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are non-discriminatory and long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.

Amendment    32

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40)  In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.

(40)  In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. This policy coordination should promote easy-to-use mechanisms and multi-level governance. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.

Amendment    33

Proposal for a regulation

Recital 42 a (new)

Text proposed by the Commission

Amendment

 

(42a)  Managing authorities should have the possibility to implement financial instruments through a direct award of a contract to the EIB Group, national promotional banks and to international financial institutions (IFIs).

Amendment    34

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44)  In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions.

(44)  In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions. In this framework, the Commission should, in cooperation with the European Court of Auditors, give guidance to auditors, managing authorities and beneficiaries for assessing compliance with state aid and developing state aid schemes.

Amendment    35

Proposal for a regulation

Recital 45 a (new)

Text proposed by the Commission

Amendment

 

(45a)  In order to increase accountability and transparency, the Commission should provide for a complaints-handling system accessible to all citizens and stakeholders at all stages of preparation and implementation of programmes including monitoring and evaluation.

Amendment    36

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46)  In order to hasten the start of programme implementation, the roll-over of implementation arrangements from the previous programming period should be facilitated. The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.

(46)  In order to hasten the start of programme implementation, the roll-over of implementation arrangements, including administrative and IT systems, from the previous programming period should be facilitated where possible. The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.

Amendment    37

Proposal for a regulation

Recital 48 a (new)

Text proposed by the Commission

Amendment

 

(48 a)  To support the effective use of the Funds, the EIB support should be available to all Member States at their request. This could cover capacity building, support for project identification, preparation and implementation, as well as advice on financial instruments and investment platforms.

Amendment    38

Proposal for a regulation

Recital 50

Text proposed by the Commission

Amendment

(50)  To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the beneficiaries as well as the level of risk identified by previous management verifications and audits.

(50)  To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the complexity and number of operations, the beneficiaries as well as the level of risk identified by previous management verifications and audits. Management and control measures for the Funds should be proportionate to the level of risk to the Union budget.

Amendment    39

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58)  Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.

(58)  Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should provide a detailed report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations. Member States that do not participate in the enhanced cooperation with the EPPO should report to the Commission on decisions taken by national prosecution authorities in relation to cases of irregularities affecting the Union budget.

__________________

__________________

18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

Amendment    40

Proposal for a regulation

Recital 61

Text proposed by the Commission

Amendment

(61)  Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council23 , as amended by Commission Regulation (EU) No 868/201424 .

(61)  Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council23 , as most recently amended by Commission Regulation (EU) No 2016/206624 .

__________________

__________________

23 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

23 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

24 Commission Regulation (EU) No 868/2014 of 8 August 2014 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 241, 13.8.2014, p. 1).

24 Commission Regulation (EU) No 2066/2016 of 21 November 2016 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 322, 29.11.2016, p. 1).

Amendment    41

Proposal for a regulation

Recital 62

Text proposed by the Commission

Amendment

(62)  In order to set out an appropriate financial framework for the ERDF, the ESF+ and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.

(62)  In order to set out an appropriate financial framework for the ERDF, the ESF+, the EAFRD, the EMFF and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.

Amendment    42

Proposal for a regulation

Recital 63

Text proposed by the Commission

Amendment

(63)  Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation]25 will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). Building on the successful approach of the 2014-2020 programming period, EUR 10 000 000 000 of the Cohesion Fund should be transferred to the CEF for this purpose.

(63)  Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation]25 will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). Building on the successful approach of the 2014-2020 programming period, EUR 4 000 000 000 of the Cohesion Fund should be transferred to the CEF for this purpose.

__________________

__________________

25 Regulation (EU) […] of the European Parliament and of the Council of […] on [CEF] (OJ L […], […], p. […])]

25 Regulation (EU) […] of the European Parliament and of the Council of […] on [CEF] (OJ L […], […], p. […])]

Amendment    43

Proposal for a regulation

Recital 64

Text proposed by the Commission

Amendment

(64)  A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission.

(64)  A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission. Further reflection should be carried out in future on the specific support which is provided for disadvantaged regions and communities.

Amendment    44

Proposal for a regulation

Recital 65 a (new)

Text proposed by the Commission

Amendment

 

(65a)  With a view to tackling the challenges faced by middle income regions, as described in the 7th cohesion report1a (low growth compared to more developed regions but also compared to less developed regions, this issue being faced especially by regions with a GDP per capita between 90% and 100% of the average GDP of the EU-27), "transition regions" should receive adequate support and be defined as regions whose GDP per capita is between 75 % and 100% of the average GDP of the EU-27.

 

___________________

 

1a The Commission’s 7th report on economic, social and territorial cohesion, entitled ‘My region, My Europe, Our future: The 7th report on economic, social and territorial cohesion’ (COM(2017)0583, 9 October 2017).

Amendment    45

Proposal for a regulation

Recital 66 a (new)

Text proposed by the Commission

Amendment

 

(66 a)  Within the context of the UK's withdrawal from the Union, several regions and Member States will be more exposed to the consequences of this withdrawal than the others, due to their geography, nature and / or the extent of their trading links. It is therefore important to identify practical solutions for support also within the framework of cohesion policy to address the challenges for the concerned regions and Member States once the UK's withdrawal has taken place. Furthermore, a continuous cooperation, involving exchanges of information and good practices at the level of the most impacted local and regional authorities and Member States will need to be established.

Amendment    46

Proposal for a regulation

Recital 67

Text proposed by the Commission

Amendment

(67)  It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average.

(67)  It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average, while safeguarding no less favourable treatment due to shifts in their categorisation.

Amendment    47

Proposal for a regulation

Recital 69

Text proposed by the Commission

Amendment

(69)  In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies.

(69)  In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the amendment of the European code of conduct on partnership in order to adapt the code to this Regulation, the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies.

Amendment    48

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(70)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(70)  It is of particular importance that the Commission carry out appropriate, transparent consultations with all interested parties during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment    49

Proposal for a regulation

Recital 73

Text proposed by the Commission

Amendment

(73)  The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the backwardness of the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(73)  The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the specific challenges faced by the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Amendment    50

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund,, the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');

(a)  financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development ('EAFRD'), the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');

Amendment    51

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF.

(b)  common provisions applicable to the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF.

Amendment    52

Proposal for a regulation

Article 1 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  The following provisions of this Regulation shall not apply to the EAFRD:

 

(a)   Article 14 of Title II;

 

(b)  Chapters I and III of Title III;

 

(c)   Articles 37 and 38 of Title IV;

 

(d)   Section I of Chapter II and Chapter III of Title V;

 

(e)   Titles VI, VII and VIII.

Amendment    53

Proposal for a regulation

Article 1 – paragraph 6 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Regulation (EU) […] (the 'CAP Strategic Plans Regulation') and Regulation (EU) […] (the 'CAP Horizontal Regulation');

Amendment    54

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1)  'relevant country specific recommendations' mean Council recommendations adopted in accordance with Article 121(2) and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;

(1)  'relevant country specific recommendations' mean Council recommendations adopted in accordance with Articles 121(2) and (4) and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;

Amendment    55

Proposal for a regulation

Article 2 – paragraph 1 – point 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  ‘enabling condition' means a concrete and precisely defined condition which has a genuine link to a direct impact on the effective and efficient achievement of a specific objective of the programme;

Amendment    56

Proposal for a regulation

Article 2 – paragraph 1 – point 4 a (new)

Text proposed by the Commission

Amendment

 

(4 a)  'programme' in the context of the EAFRD means the CAP Strategic Plans as referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’);

Amendment    57

Proposal for a regulation

Article 2 – paragraph 1 – point 8 – point c

Text proposed by the Commission

Amendment

(c)  in the context of State aid schemes, the undertaking which receives the aid;

(c)  in the context of State aid schemes, the body or the undertaking, as appropriate, which receives the aid, except where the aid per undertaking is less than EUR 200 000 , in which case the Member State concerned may decide that the beneficiary is the body granting the aid, without prejudice to Commission Regulations (EU) No 1407/20131a, (EU) No 1408/20131b and (EU) No 717/20141c;

 

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1a OJ L 352, 24.12.2013, p. 1.

 

1b OJ L 352, 24.12.2013, p. 9.

 

1c OJ L 190, 28.6.2014, p. 45.

Amendment    58

Proposal for a regulation

Article 2 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9)  'small project fund' means an operation in an Interreg programme aimed at the selection and implementation of projects of limited financial volume;

(9)  'small project fund' means an operation in an Interreg programme aimed at the selection and implementation of projects, including people-to-people projects of limited financial volume;

Amendment    59

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission

Amendment

(21)  'specific fund' means a fund, set-up by a managing authority or a holding fund, to provide financial products to final recipients;

(21)  'specific fund' means a fund set up by a managing authority or a holding fund through which they provide financial products to final recipients;

Amendment    60

Proposal for a regulation

Article 2 – paragraph 1 – point 36 a (new)

Text proposed by the Commission

Amendment

 

(36a)  ’energy efficiency first principle’ means the prioritisation, in energy planning, policy and investment decisions, of measures that make the demand and supply of energy more efficient;

Amendment    61

Proposal for a regulation

Article 2 – paragraph 1 – point 37

Text proposed by the Commission

Amendment

(37)  'climate proofing' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available, or internationally recognised standards.

(37)  'climate proofing' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with internationally recognised standards or national rules and guidance, where available, that the energy efficiency first principle is respected and that specific emission reduction and decarbonisation pathways are chosen;

Amendment    62

Proposal for a regulation

Article 2 – paragraph 1 – point 37 a (new)

Text proposed by the Commission

Amendment

 

(37a)  ‘EIB’ means the European Investment Bank, the European Investment Fund or any subsidiary of the European Investment Bank.

Amendment    63

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  a smarter Europe by promoting innovative and smart economic transformation;

(a)  a more competitive and smarter Europe by promoting innovative and smart economic transformation and strengthening small and medium-sized enterprises;

Amendment    64

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  a greener, low-carbon Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management;

(b)  a greener, low-carbon transitioning towards a net zero carbon economy and resilient Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate change mitigation and adaptation and risk prevention and management;

Amendment    65

Proposal for a regulation

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  a more connected Europe by enhancing mobility and regional ICT connectivity;

(c)  a more connected Europe by enhancing mobility, including smart and sustainable mobility, and regional ICT connectivity;

Amendment    66

Proposal for a regulation

Article 4 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  a more social Europe implementing the European Pillar of Social Rights;

(d)  a more social and inclusive Europe implementing the European Pillar of Social Rights;

Amendment    67

Proposal for a regulation

Article 4 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  a Europe closer to citizens by fostering the sustainable and integrated development of urban, rural and coastal areas and local initiatives.

(e)  a Europe closer to citizens by fostering the sustainable and integrated development of all regions, areas and local initiatives.

Amendment    68

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.

3.  Member States shall ensure climate proofing for relevant operations through the entire planning and implementation process and shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.

Amendment    69

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4.  Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation.

4.  In accordance with their respective responsibilities and in line with the principles of subsidiarity and multilevel governance, Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible in order to avoid duplication during planning and implementation.

Amendment    70

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a.  Member States and the Commission shall ensure compliance with relevant State aid rules.

Amendment    71

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Member States and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the 'Financial Regulation').

1.  The Member States, in accordance with their institutional and legal framework, and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the 'Financial Regulation').

Amendment    72

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2.  However, the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility ('CEF'), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation.

2.  Without prejudice to Article 1(2), the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility ('CEF'), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation.

_________________

_________________

37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].

37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].

Amendment    73

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission may implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management.

3.  The Commission may, with the agreement of the Member State and the region concerned, implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management.

Amendment    74

Proposal for a regulation

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Each Member State shall organise a partnership with the competent regional and local authorities. That partnership shall include at least the following partners:

1.  For the Partnership Agreement and each programme, each Member State shall, in accordance with its institutional and legal framework, organise a fully -fledged, effective partnership. That partnership shall include at least the following partners:

Amendment    75

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  urban and other public authorities;

(a)  regional, local, urban and other public authorities;

Amendment    76

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  relevant bodies representing civil society, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination.

(c)  relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination.

Amendment    77

Proposal for a regulation

Article 6 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  research institutions and universities, where appropriate.

Amendment    78

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2.  In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with Article 34.

2.  In accordance with the multi-level governance principle and following a bottom-up approach, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34. In that context, Member States shall allocate an appropriate percentage of the resources coming from the Funds for the administrative capacity building of social partners and civil society organisations.

Amendment    79

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3.  The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/201438 .

3.  The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/201438 . The Commission is empowered to adopt delegated acts, in accordance with Article 107, concerning amendments to Delegated Regulation (EU) 240/2014 in order to adapt that Delegated Regulation to this Regulation.

_________________

_________________

38 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

38 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

Amendment    80

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4.  At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes.

4.  At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report to the European Parliament and Council on the outcome.

Amendment    81

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

 

Article 6 a

 

Horizontal Principles

 

1. Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Funds.

 

2. Member States and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation.

 

3. Member States and the Commission shall take appropriate steps to prevent any discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, implementation, monitoring, reporting and evaluation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes.

 

4. The objectives of the Funds shall be pursued in line with the principle of sustainable development, taking into account the UN Sustainable Development Goals and with the Union’s promotion of the aim of preserving, protecting and improving the quality of environment and combating climate change, taking into account the polluter pays principle, as set out in Article 191(1) and (2) TFEU.

 

Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, energy efficiency first-principle, socially just energy transition, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. They shall aim at avoiding investments related to production, processing, distribution, storage or combustion of fossil fuels.

Amendment    82

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1.  Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.

1.  Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027. Such Partnership Agreement shall be prepared in accordance with the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014.

Amendment    83

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme.

2.  The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme, but not later than 30 April 2021.

Amendment    84

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Partnership Agreement may be submitted together with the relevant annual National Reform Programme.

3.  The Partnership Agreement may be submitted together with the relevant annual National Reform Programme and the National Energy and Climate Plan.

Amendment    85

Proposal for a regulation

Article 8 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations;

(a)  the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, taking into account and listing relevant country-specific recommendations, as well as regional challenges;

Amendment    86

Proposal for a regulation

Article 8 – paragraph 1 – point b – point i

Text proposed by the Commission

Amendment

(i)  a summary of the policy choices and the main results expected for each of the Funds, including where relevant, through the use of InvestEU;

(i)  a summary of the policy choices and the main results expected for each of the Funds;

Amendment    87

Proposal for a regulation

Article 8 – paragraph 1 – point b – point ii

Text proposed by the Commission

Amendment

(ii)  coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes;

(ii)  coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes, in particular with regard to CAP Strategic Plans referred to in Regulation (EU) [...] (the 'CAP Strategic Plans Regulation');

Amendment    88

Proposal for a regulation

Article 8 – paragraph 1 – point b – point iii

Text proposed by the Commission

Amendment

(iii)  complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;

(iii)  complementarities and synergies between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects, and, where appropriate, projects funded under Horizon Europe;

Amendment    89

Proposal for a regulation

Article 8 – paragraph 1 – point b – point iii a (new)

Text proposed by the Commission

Amendment

 

(iii a)  delivery on targets, policies and measures under the National Energy and Climate Plans;

Amendment    90

Proposal for a regulation

Article 8 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  the preliminary financial allocation from each of the Funds by policy objective at national level, respecting Fund-specific rules on thematic concentration;

(c)  the preliminary financial allocation from each of the Funds by policy objective at national and where appropriate at regional level, respecting Fund-specific rules on thematic concentration;

Amendment    91

Proposal for a regulation

Article 8 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  where relevant, the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;

(d)  the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;

Amendment    92

Proposal for a regulation

Article 8 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  the amounts to be contributed to InvestEU by Fund and by category of regions;

deleted

Amendment    93

Proposal for a regulation

Article 8 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g)  a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds.

(g)  a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds and its management and control system.

Amendment    94

Proposal for a regulation

Article 8 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga)  where appropriate, an integrated approach to address the demographic challenges and/ or specific needs of regions and areas;

Amendment    95

Proposal for a regulation

Article 8 – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

 

(g b)  a communication and visibility strategy.

Amendment    96

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs.

Amendment    97

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes.

With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes and the cross-border investment needs in the concerned Member State.

Amendment    98

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.

1.  The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall, take into account the provisions of Article 4 and 6, the relevant country-specific recommendations, as well as the measures linked to integrated national energy and climate plans and the way they are addressed.

Amendment    99

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission may make observations within three months of the date of submission by the Member State of the Partnership Agreement.

2.  The Commission may make observations within two months of the date of submission by the Member State of the Partnership Agreement.

Amendment    100

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Member State shall review the Partnership Agreement taking into account the observations made by the Commission.

3.  The Member State shall review the Partnership Agreement taking into account the observations made by the Commission within one month of the date of their submission.

Amendment    101

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.

4.  The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of the first submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.

Amendment    102

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States may allocate, in the Partnership Agreement or in the request for an amendment of a programme, the amount of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. The amount to be contributed to InvestEU shall not exceed 5 % of the total allocation of each Fund, except in duly justified cases. Such contributions shall not constitute transfers of resources under Article 21.

1.  As of 1 January 2023, Member States, with the agreement of the managing authorities concerned, may allocate, in the request for an amendment of a programme, up to1% of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. Up to 2,5% of the total allocation of each fund may be further allocated to InvestEU under the mid-term review. Such contributions shall be available for investments in line with cohesion policy objectives and in the same category of regions targeted by the Funds of origin. Whenever an amount of ERDF, ESF+, Cohesion Fund is contributed to Invest EU, the enabling conditions as described in Article 11and in the annexes III and IV of this regulation shall apply. Only resources of future calendar years may be allocated.

Amendment    103

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2.  For the Partnership Agreement, resources of the current and future calendar years may be allocated. For the request for an amendment of a programme, only resources of future calendar years may be allocated.

deleted

Amendment    104

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3.  The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the Member State compartment.

3.  The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the respective Member State compartment.

Amendment    105

Proposal for a regulation

Article 10 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December 2021 for an amount referred to in paragraph 1 allocated in the Partnership Agreement, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.

Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December 2023 for an amount referred to in paragraph 1, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.

Amendment    106

Proposal for a regulation

Article 10 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme.

The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded, or amended as the case may be, simultaneously with the adoption of the decision amending the programme.

Amendment    107

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

5.  Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to a programme or programmes and the Member State shall submit a corresponding request for a programme amendment.

5.  Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to the original programme or programmes and the Member State shall submit a corresponding request for a programme amendment. In this particular case, resources of past calendar years may be modified, as long as the commitments are not yet implemented.

Amendment    108

Proposal for a regulation

Article 10 – paragraph 7

Text proposed by the Commission

Amendment

7.  Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and shall be used for support under the same objective or objectives in the form of financial instruments.

7.  Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and the local or regional authority concerned by the contribution and shall be used for support under the same objective or objectives in the form of financial instruments.

Amendment    109

Proposal for a regulation

Article 11 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

For each specific objective, prerequisite conditions for its effective and efficient implementation ('enabling conditions') are laid down in this Regulation.

For each specific objective, prerequisite conditions for its effective and efficient implementation ('enabling conditions') are laid down in this Regulation. Enabling conditions shall apply to the extent to which they contribute to the achievement of the specific objectives of the programme.

Amendment    110

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2.  When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification.

2.  When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification. On the request of a Member State, the EIB may contribute to the assessments of actions needed to fulfil the relevant enabling conditions.

Amendment    111

Proposal for a regulation

Article 11 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall, within three months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.

The Commission shall, within two months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.

Amendment    112

Proposal for a regulation

Article 11 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within one month.

Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within maximum two months.

Amendment    113

Proposal for a regulation

Article 11 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

Expenditure related to operations linked to the specific objective cannot be included in payment applications until the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4.

Expenditure related to operations linked to the specific objective or, for the EAFRD, linked to the intervention concerned, may be included in payment applications before the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4, without prejudice to the suspension of the reimbursement itself until such time as the condition is fulfilled.

Amendment    114

Proposal for a regulation

Article 11 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

Where the Commission considers that an enabling condition is no longer fulfilled, it shall inform the Member State and give it the opportunity to present its observations within one month. Where the Commission concludes that the non-fulfilment of the enabling condition persists, expenditure related to the specific objective concerned cannot be included in payment applications as from the date the Commission informs the Member State accordingly.

Where the Commission considers that an enabling condition is no longer fulfilled, it shall inform the Member State and give it the opportunity to present its observations within one month. Where the Commission concludes that the non-fulfilment of the enabling condition persists, expenditure related to the specific objective concerned or, for the EAFRD, linked to the intervention concerned, cannot be included in payment applications as from the date the Commission informs the Member State accordingly.

Amendment    115

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Member State shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds.

The Member State, where appropriate, in cooperation with local and regional authorities, shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds.

Amendment    116

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2.  Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [4(c)(vii)] of the ESF+ Regulation.

2.  Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [4(1)(xi)] of the ESF+ Regulation.

Amendment    117

Proposal for a regulation

Article 14 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State shall review each programme, taking into account the following elements:

1.  For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State and relevant managing authorities shall review each programme, taking into account the following elements:

Amendment    118

Proposal for a regulation

Article 14 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the challenges identified in relevant country-specific recommendations adopted in 2024;

(a)  new challenges identified in relevant country-specific recommendations adopted in 2024 and the targets identified in the implementation of the integrated national climate and energy plans, if relevant;

Amendment    119

Proposal for a regulation

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  the socio-economic situation of the Member State or region concerned;

(b)  the socio-economic situation of the Member State or region concerned, including the state of implementation of the European Pillar of Social Rights and territorial needs with a view to reducing disparities, as well as economic and social inequalities;

Amendment    120

Proposal for a regulation

Article 14 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(d a)  any major negative financial, economic or social developments which require an adjustment of the programmes, including as a consequence of symmetric or asymmetric shocks in the Member States and their regions.

Amendment    121

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1). The Member State shall justify the amendment on the basis of the elements set out in paragraph 1.

In accordance with the outcome of the review, the Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1) or state that no amendment is requested. The Member State shall justify the amendment on the basis of the elements set out in paragraph 1 or, as appropriate, give reasons for not requesting the amendment of a programme.

Amendment    122

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the allocations of the financial resources by priority including the amounts for the years 2026 and 2027;

(a)  the revised initial allocations of the financial resources by priority including the amounts for the years 2026 and 2027;

Amendment    123

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  the amounts to be contributed to InvestEU per Fund and per category of region, where appropriate;

Amendment    124

Proposal for a regulation

Article 14 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  The Commission shall, by 31 March 2026, adopt a report summarising the results of the review referred to in paragraphs 1 and 2. The Commission shall communicate the report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Amendment    125

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2.  A request by the Commission to a Member State in accordance with paragraph 1 shall be justified, with reference to the need to support the implementation of the relevant recommendations and shall indicate the programmes or priorities which it considers are concerned and the nature of the amendments expected.

2.  A request by the Commission to a Member State in accordance with paragraph 1 shall be justified, based on an evaluation with reference to the need to support the implementation of the relevant recommendations and shall indicate the programmes or priorities which it considers are concerned and the nature of the amendments expected.

Amendment    126

Proposal for a regulation

Article 15 – paragraph 6

Text proposed by the Commission

Amendment

6.  Where the Member State fails to take effective action in response to a request made in accordance with paragraph 1, within the deadlines set out in paragraphs 3 and 4, the Commission may suspend all or part of the payments for the programmes or priorities concerned in accordance with Article 91.

deleted

Amendment    127

Proposal for a regulation

Article 15 – paragraph 7 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases:

After taking into account the economic and social circumstances of the Member State concerned and the impact of the envisaged suspension on the economy, the Commission shall make a proposal to the Council to suspend, gradually, all or part of the commitments for one or more of the programmes of a Member State in the following cases:

Amendment    128

Proposal for a regulation

Article 15 – paragraph 7 – subparagraph 2

Text proposed by the Commission

Amendment

Priority shall be given to the suspension of commitments; payments shall be suspended only when immediate action is sought and in the case of significant non-compliance. The suspension of payments shall apply to payment applications submitted for the programmes concerned after the date of the decision to suspend.

deleted

Amendment    129

Proposal for a regulation

Article 15 – paragraph 8 – subparagraph 1

Text proposed by the Commission

Amendment

A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within one month of the submission of the Commission proposal.

A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within three months of the submission of the Commission proposal.

Amendment    130

Proposal for a regulation

Article 15 – paragraph 8 – subparagraph 3

Text proposed by the Commission

Amendment

The Council shall adopt a decision, by means of an implementing act, on a proposal by the Commission referred to in paragraph 7 in relation to the suspension of payments.

deleted

Amendment    131

Proposal for a regulation

Article 15 – paragraph 9

Text proposed by the Commission

Amendment

9.  The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.

9.  The scope and level of the suspension of commitments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic, social, or structural conditions shall be a specific factor to be taken into account prior to the decision to suspend commitments and shall be communicated to the Council and European Parliament.

Amendment    132

Proposal for a regulation

Article 15 – paragraph 10 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The suspension of commitments shall be subject to a maximum of 25 % of the commitments relating to the next calendar year for the Funds or 0,25 % of nominal GDP whichever is lower, in any of the following cases:

The suspension of commitments shall be subject to a maximum of 20 % of the commitments relating to the next calendar year for the Funds or 0,20 % of nominal GDP whichever is lower, in any of the following cases:

Amendment    133

Proposal for a regulation

Article 15 – paragraph 10 – subparagraph 2

Text proposed by the Commission

Amendment

In case of persistent non-compliance, the suspension of commitments may exceed the maximum percentages set out in the first sub-paragraph.

In case of persistent non-compliance, the suspension of commitments is subject to a ceiling of twice the maximum percentages set out in the first sub-paragraph.

Amendment    134

Proposal for a regulation

Article 15 – paragraph 11 – subparagraph 5

Text proposed by the Commission

Amendment

A decision concerning the lifting of the suspension of payments shall be taken by the Council on a proposal by the Commission where the applicable conditions set out in in the first sub-paragraph are fulfilled.

deleted

Amendment    135

Proposal for a regulation

Article 15 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

 

11 a.  The procedure set out in paragraphs 7 to 11 shall be applied only where:

 

(a) economic governance tools have already been deployed,

 

(b) those tools have proven insufficient to improve macroeconomic and fiscal stability, and

 

(c) one of the cases referred to in points (a) to (e) of paragraph 7 is putting cohesion policy expenditure in that Member State at risk.

Amendment    136

Proposal for a regulation

Article 15 – paragraph 12 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall keep the European Parliament informed of the implementation of this Article. In particular, the Commission shall, when one of the conditions set out in paragraph 7 is fulfilled for a Member State, immediately inform the European Parliament and provide details of the Funds and programmes which could be subject to a suspension of commitments.

The Commission shall keep the European Parliament informed of the implementation of this Article. In particular, the Commission shall, when one of the conditions set out in paragraph 7 is fulfilled for a Member State, immediately inform the European Parliament and provide reasons for its proposal and details of the Funds and programmes which could be subject to a suspension of commitments, as well as the expected impact of that suspension on the Member State's economy, for the purposes of structured dialogue to ensure a meaningful debate and facilitate a transparent enforcement process. The Commission shall inform the European Parliament before it makes a proposal on suspension of commitments.

Amendment    137

Proposal for a regulation

Article 15 – paragraph 12 – subparagraph 2

Text proposed by the Commission

Amendment

The European Parliament may invite the Commission for a structured dialogue on the application of this Article, having regard to the transmission of the information referred to in the first sub-paragraph.

deleted

Amendment    138

Proposal for a regulation

Article 15 – paragraph 12 – subparagraph 3

Text proposed by the Commission

Amendment

The Commission shall transmit the proposal for suspension of commitments or the proposal to lift such a suspension, to the European Parliament and to the Council.

The Commission shall transmit the proposal for suspension of commitments or the proposal to lift such a suspension to the European Parliament and to the Council immediately after its adoption, stating the reasons for the proposal.

Amendment    139

Proposal for a regulation

Article 15 – paragraph 13

Text proposed by the Commission

Amendment

13.  Paragraphs 1 to 12 shall not apply to priorities or programmes under Article [4(c)(v)(ii)] of ESF+ Regulation.

13.  Paragraphs 1 to 12 shall not apply to priorities or programmes under Article [4(1)(xi)] of the ESF+ Regulation.

Amendment    140

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027.

1.  Member States in cooperation with the partners referred to in Article 6 shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027.

Amendment    141

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

A programme shall consist of priorities. Each priority shall correspond to a single policy objective or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.

A programme shall consist of priorities. Each priority shall correspond to one or several policy objectives or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.

Amendment    142

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point i

Text proposed by the Commission

Amendment

(i)  economic, social and territorial disparities, except for programmes supported by the EMFF;

(i)  economic, social and territorial disparities as well as inequalities, except for programmes supported by the EMFF;

Amendment    143

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point ii

Text proposed by the Commission

Amendment

(ii)  market failures, investment needs and complementarity with other forms of support;

(ii)  market failures, investment needs and complementarity and synergies with other forms of support;

Amendment    144

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point iii

Text proposed by the Commission

Amendment

(iii)  challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;

(iii)  challenges identified in the relevant country-specific recommendations;

Amendment    145

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point iv

Text proposed by the Commission

Amendment

(iv)  challenges in administrative capacity and governance;

(iv)  challenges in administrative capacity and governance and simplification measures;

Amendment    146

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point iv a (new)

Text proposed by the Commission

Amendment

 

(iv a)  an integrated approach to address demographic challenges, where relevant;

Amendment    147

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point vi a (new)

Text proposed by the Commission

Amendment

 

(vi a)  challenges and related objectives identified within National Energy and Climate Plans and in the European Pillar of Social Rights;

Amendment    148

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point vii

Text proposed by the Commission

Amendment

(vii)  for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans;

(vii)  for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans, as well as identified shortcomings;

Amendment    149

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point d – point i

Text proposed by the Commission

Amendment

(i)  the related types of actions, including a list of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate;

(i)  the related types of actions, including an indicative list and timetable of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate;

Amendment    150

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point d – point iii a (new)

Text proposed by the Commission

Amendment

 

(iii a)  actions safeguarding equality, inclusion and non-discrimination;

Amendment    151

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point d – point v

Text proposed by the Commission

Amendment

(v)  the interregional and transnational actions with beneficiaries located in at least one other Member State;

(v)  the interregional, cross-border and transnational actions with beneficiaries located in at least one other Member State;

Amendment    152

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point d – point v a (new)

Text proposed by the Commission

Amendment

 

(va )  sustainability of investments;

Amendment    153

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point d – point vii a (new)

Text proposed by the Commission

Amendment

 

(vii a)  a description of how complementarities and synergies with other Funds and instruments are to be pursued;

Amendment    154

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point i

Text proposed by the Commission

Amendment

(i)  the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels, social media outreach, planned budget and relevant indicators for monitoring and evaluation;

(i)  the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels, where appropriate social media outreach, as well as planned budget and relevant indicators for monitoring and evaluation;

Amendment    155

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point j

Text proposed by the Commission

Amendment

(j)  the managing authority, the audit authority and the body which receives payments from the Commission.

(j)  the managing authority, the audit authority, the body responsible for the accounting function under Article 70, and the body which receives payments from the Commission.

Amendment    156

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [4(c)(vii)] of the ESF+Regulation.

Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [4(1)(xi)] of the ESF+Regulation.

Amendment    157

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

An environmental report containing relevant information on the effects on the environment in accordance with Directive 2001/42/EC shall be annexed to the programme, taking into account climate change mitigation needs.

Amendment    158

Proposal for a regulation

Article 17 – paragraph 6

Text proposed by the Commission

Amendment

6.  For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to 2025 only.

6.  For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to 2027.

Amendment    159

Proposal for a regulation

Article 17 a (new)

Text proposed by the Commission

Amendment

 

Article 17a

 

These general provisions shall apply to Leader community-led local development action provided for in Article 71 of draft regulation XX on strategic plans (number of the new regulation on CAP 'strategic plans') as this initiative contributes to harmonious economic and social development of rural territories. This action shall be implemented solely in the context of the provisions laid down in Chapter II of the Regulation (territorial development). The intervention concerned shall respect and contribute to the implementation of the Sustainable Development Goals (New York, 2015), and the commitments arising from the Climate Agreement (COP21) and the European Pillar of Social Rights.

Amendment    160

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.

1.  The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations, as well as relevant challenges identified in the implementation of the Integrated National Energy and Climate Plans and in the European Pillar of Social Rights and the way they are addressed.

Amendment    161

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission may make observations within three months of the date of submission of the programme by the Member State.

2.  The Commission may make observations within two months of the date of submission of the programme by the Member State.

Amendment    162

Proposal for a regulation

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Member State shall review the programme taking into account the observations made by the Commission.

3.  The Member State shall review the programme taking into account the observations made by the Commission within two months of their submission.

Amendment    163

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall adopt a decision by means of an implementing act approving the programme no later than six months after the date of submission of the programme by the Member State.

4.  The Commission shall adopt a decision by means of an implementing act approving the programme no later than five months after the date of the first submission of the programme by the Member State.

Amendment    164

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within three months of the submission of the amended programme.

2.  The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within two months of the submission of the amended programme.

Amendment    165

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Member State shall review the amended programme and take into account the observations made by the Commission.

3.  The Member State shall review the amended programme and take into account the observations made by the Commission within two months of their submission.

Amendment    166

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall approve the amendment of a programme no later than six months after its submission by the Member State.

4.  The Commission shall approve the amendment of a programme no later than three months after its submission by the Member State.

Amendment    167

Proposal for a regulation

Article 19 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The Member State may transfer during the programming period an amount of up to 5 % of the initial allocation of a priority and no more than 3 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.

The Member State may transfer during the programming period an amount of up to 7 % of the initial allocation of a priority and no more than 5 % of the programme budget to another priority of the same Fund of the same programme. In doing so the Member State shall respect the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.

Amendment    168

Proposal for a regulation

Article 19 – paragraph 6

Text proposed by the Commission

Amendment

6.  The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections.

6.  The approval of the Commission shall not be required for corrections of a purely clerical, technical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections.

Amendment    169

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2.  The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 10 % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation.

2.  The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 15 % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation.

Amendment    170

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect management.

1.  For the purpose of ensuring flexibility, Member States may request, if agreed by the monitoring committee of the programme, the transfer of up to 5% of programme financial allocations from any of the Funds to the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, or the European Maritime and Fisheries Fund.

Amendment    171

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2.  Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred and, in the case of transfers to instruments under direct or indirect management, for the benefit of the Member State concerned.

2.  Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred.

Amendment    172

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

3.  Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.

3.  Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified with a view to the complementarities and impact to be achieved, and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.

Amendment    173

Proposal for a regulation

Title 3 – chapter 1 a (new)

Text proposed by the Commission

Amendment

 

CHAPTER I a - Major projects

Amendment    174

Proposal for a regulation

Article 21 a (new)

Text proposed by the Commission

Amendment

 

Article 21 a

 

Content

 

As part of a programme or programmes, the ERDF and the Cohesion Fund may support an operation comprising a series of works, activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and for which the total eligible cost exceeds EUR 100 000 000 (the 'major project'). Financial instruments shall not be considered to be major projects.

Amendment    175

Proposal for a regulation

Article 21 b (new)

Text proposed by the Commission

Amendment

 

Article 21 b

 

Information necessary for the approval of a major project

 

Before a major project is approved, the managing authority shall submit to the Commission the following information:

 

(a) details concerning the body to be responsible for implementation of the major project, and its capacity;

 

(b) a description of the investment and its location;

 

(c) the total cost and total eligible cost;

 

(d) feasibility studies carried out, including the options analysis, and the results;

 

(e) a cost-benefit analysis, including an economic and a financial analysis, and a risk assessment;

 

(f) an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience;

 

(g) an explanation as to how the major project is consistent with the relevant priorities of the programme or programmes concerned, and its expected contribution to achieving the specific objectives of those priorities and the expected contribution to socio-economic development;

 

(h) the financing plan showing the total planned financial resources and the planned support from the Funds, the EIB, and all other sources of financing, together with physical and financial indicators for monitoring progress, taking account of the identified risks;

 

(i) the timetable for implementing the major project and, where the implementation period is expected to be longer than the programming period, the phases for which support from the Funds is requested during the programming period.

Amendment    176

Proposal for a regulation

Article 21 c (new)

Text proposed by the Commission

Amendment

 

Article 21 c

 

Decision on a major project

 

1. The Commission shall appraise the major project on the basis of the information referred to in Article 21b in order to determine whether the requested financial contribution for the major project selected by the managing authority is justified. The Commission shall adopt a decision on the approval of the financial contribution to the selected major project, by means of an implementing act, no later than three months after the date of submission of the information referred to in Article 21b.

 

2. The approval by the Commission under paragraph 1 shall be conditional on the first works contract being concluded, or, in the case of operations implemented under PPP structures, on the signing of the PPP agreement between the public body and the private sector body, within three years of the date of the approval.

 

3. Where the Commission does not approve the financial contribution to the selected major project, it shall give in its decision the reasons for its refusal.

 

4. Major projects submitted for approval under paragraph 1 shall be contained in the list of major projects in a programme.

 

5. Expenditure relating to a major project may be included in a payment application after the submission for approval referred to in paragraph 1. Where the Commission does not approve the major project selected by the managing authority, the declaration of expenditure following the withdrawal of the application by the Member State or the adoption of the Commission decision shall be rectified accordingly.

 

(This amendment will require consequential adjustments to Annex V.)

Amendment    177

Proposal for a regulation

Article 22 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under the policy objective referred in Article 4(1)(e).

(c)  another territorial tool supporting initiatives designed by the Member State for investments programmed under the policy objective referred in Article 4(1)(e).

Amendment    178

Proposal for a regulation

Article 22 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

 

 

The Member State shall ensure coherence and coordination when local development strategies are financed by more than one Fund.

Amendment    179

Proposal for a regulation

Article 23 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the geographical area covered by the strategy;

(a)  the geographical area covered by the strategy including economic, social and environmental interlinkages;

Amendment    180

Proposal for a regulation

Article 23 – paragraph 1 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d)  a description of the involvement of partners in accordance with Article 6 in the preparation and in the implementation of the strategy.

(d)  a description of the involvement of partners under Article 6 in the preparation and in the implementation of the strategy.

Amendment    181

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2.  Territorial strategies shall be drawn up under the responsibility of the relevant urban, local or other territorial authorities or bodies.

2.  Territorial strategies shall be prepared and endorsed under the responsibility of the relevant regional, local and other public authorities. Pre-existing strategic documents concerning the covered areas may be updated and used for territorial strategies.

Amendment    182

Proposal for a regulation

Article 23 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Where the list of operations to be supported has not been included in the territorial strategy, the relevant urban, local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.

Where the list of operations to be supported has not been included in the territorial strategy, the relevant regional, local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.

Amendment    183

Proposal for a regulation

Article 23 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  When preparing territorial strategies, the authorities referred to in paragraph 2 shall cooperate with relevant managing authorities, in order to determine the scope of operations to be supported under the relevant programme.

Amendment    184

Proposal for a regulation

Article 23 – paragraph 4

Text proposed by the Commission

Amendment

4.  Where an urban, local or other territorial authority or body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.

4.  Where a regional, local or other public authority or other body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.

Amendment    185

Proposal for a regulation

Article 23 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The selected operations may be supported under more than one priority of the same programme.

Amendment    186

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1.  Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more Funds, from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment ('ITI').

1.  Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more than one Fund, from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment ('ITI'). Where appropriate, each ITI may be complemented by financial support from the EAFRD.

Amendment    187

Proposal for a regulation

Article 24 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Where the list of operations to be supported has not been included in the territorial strategy, the relevant regional, local, other public authorities or bodies shall be involved in the selection of operations.

Amendment    188

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1.  The ERDF, the ESF+ and the EMFF may support community-led local development.

1.  The ERDF, the ESF+, the EMFF and the EAFRD shall support community-led local development. In the context of the EAFRD, such development shall be designated as LEADER local development.

Amendment    189

Proposal for a regulation

Article 25 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group controls the decision-making;

(b)  led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group, including the public sector, controls the decision-making;

Amendment    190

Proposal for a regulation

Article 25 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d)  supportive of networking, innovative features in the local context and, where appropriate, cooperation with other territorial actors.

(d)  supportive of networking, bottom-up approaches, accessibility, innovative features in the local context and, where appropriate, cooperation with other territorial actors.

Amendment    191

Proposal for a regulation

Article 25 – paragraph 4

Text proposed by the Commission

Amendment

4.  Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund.

4.  Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund. The type of measures and operations to be financed by each affected Fund may also be specified.

Amendment    192

Proposal for a regulation

Article 26 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  the objectives of that strategy, including measurable targets for results, and related planned actions;

(d)  the objectives of that strategy, including measurable targets for results, and related planned actions in response to local needs as identified by the local community;

Amendment    193

Proposal for a regulation

Article 26 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f)  a financial plan, including the planned allocation from each Fund and programme concerned.

(f)  a financial plan, including the planned allocation from each Fund, including where appropriate the EAFRD, and each programme concerned.

Amendment    194

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4.  The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes.

4.  The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes. Corresponding national public contributions shall be guaranteed upfront for the whole period.

Amendment    195

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2.  The managing authorities shall ensure that the local action groups either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure.

2.  The managing authorities shall ensure that the local action groups are inclusive, and that they either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure, in order to implement tasks relating to the community-led local development strategy.

Amendment    196

Proposal for a regulation

Article 27 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a)  building the capacity of local actors to develop and implement operations;

(a)  building the administrative capacity of local actors to develop and implement operations;

Amendment    197

Proposal for a regulation

Article 27 – paragraph 5

Text proposed by the Commission

Amendment

5.  The local action group may be a beneficiary and may implement operations in accordance with the strategy.

5.  The local action group may be a beneficiary and may implement operations in accordance with the strategy, encouraging the separation of functions inside the local action group.

Amendment    198

Proposal for a regulation

Article 28 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The Member State shall ensure that support from the Funds for community-led local development covers:

1.  With a view to ensuring complementarities and synergies, the Member State shall ensure that support from the Funds for community-led local development covers:

Amendment    199

Proposal for a regulation

Article 28 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  capacity building and preparatory actions supporting the design and future implementation of the strategies;

(a)  administrative capacity building and preparatory actions supporting the design and future implementation of the strategies;

Amendment    200

Proposal for a regulation

Article 28 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  animation of the community-led local development strategy in order to facilitate exchange between stakeholders, to provide them with information and to support potential beneficiaries in their preparation of applications;

Amendment    201

Proposal for a regulation

Article 29 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  The actions referred to in the first subparagraph may include in particular:

 

(a) assistance for project preparation and appraisal;

 

(b) support for institutional strengthening and administrative capacity-building for the effective management of the Funds;

 

(c) studies linked to the Commission's reporting on the Funds and the cohesion report;

 

(d) measures related to the analysis, management, monitoring, information exchange and implementation of the Funds, as well as measures relating to the implementation of control systems and technical and administrative assistance;

 

(e) evaluations, expert reports, statistics and studies, including those of a general nature, concerning the current and future operation of the Funds;

 

(f) actions to disseminate information, support networking where appropriate, carry out communication activities with particular attention to the results and added value of support from the Funds, and to raise awareness and promote cooperation and exchange of experience, including with third countries;

 

(g) the installation, operation and interconnection of computerised systems for management, monitoring, audit, control and evaluation;

 

(h) actions to improve evaluation methods and the exchange of information on evaluation practices;

 

(i) actions related to auditing;

 

(j) the strengthening of national and regional capacity regarding investment planning, funding needs, preparation, design and implementation of financial instruments, joint action plans and major projects;

 

(k) the dissemination of good practices in order to assist Member States to strengthen the capacity of the relevant partners referred to in Article 6(1) and their umbrella organisations.

Amendment    202

Proposal for a regulation

Article 29 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b.  The Commission shall dedicate at least 15 % of the resources for technical assistance at the initiative of the Commission to bring about greater efficiency in communication to the public and stronger synergies between the communication activities undertaken at the initiative of the Commission, by extending the knowledge base on results, in particular through more effective data collection and dissemination, evaluations and reporting, and especially by highlighting the contribution of the Funds to improving the lives of citizens, and by increasing the visibility of support from the Funds as well as by raising awareness about the results and the added value of such support. Information, communication and visibility measures on results and added value of support from the Funds, with particular focus on operations, shall be continued after the closure of the programmes, where appropriate. Such measures shall also contribute to the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.

Amendment    203

Proposal for a regulation

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2.  Such actions may cover future and previous programming periods.

2.  Such actions may cover previous and future programming periods.

Amendment    204

Proposal for a regulation

Article 29 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  In order to avoid situations where payments are suspended, the Commission shall ensure that Member States and regions which face compliance concerns due to a lack of administrative capacity receive adequate technical assistance to improve that administrative capacity.

Amendment    205

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

1.  At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds.

1.  At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds, for the capacity building of the partners referred to in Article 6, as well as to ensure functions such as preparation, training, management, monitoring, evaluation, visibility and communication.

Amendment    206

Proposal for a regulation

Article 30 – paragraph 3

Text proposed by the Commission

Amendment

3.  Within each programme, technical assistance shall take the form of a priority relating to one single Fund.

3.  Within each programme, technical assistance shall take the form of a priority relating to either one single Fund or several Funds.

Amendment    207

Proposal for a regulation

Article 31 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The percentage of the Funds reimbursed for technical assistance shall be the following:

2.  On the basis of an agreement between the Commission and the Member States and taking into account the programme financial plan, the percentage of the Funds reimbursed for technical assistance may be up to:

Amendment    208

Proposal for a regulation

Article 31 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 2,5 %;

(a)  for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 3 %;

Amendment    209

Proposal for a regulation

Article 31 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  for the ESF+ support: 4% and for programmes under Article 4(1)(c)(vii) of the ESF+ Regulation: 5 %;

(b)  for the ESF+ support: 5 % and for programmes under Article 4(1)(xi) of the ESF+ Regulation: 6 %;

Amendment    210

Proposal for a regulation

Article 31 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d)  for the AMIF, the ISF and the BMVI support: 6 %.

(d)  for the AMIF, the ISF and the BMVI support: 7 %.

Amendment    211

Proposal for a regulation

Article 31 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

For the outermost regions, for (a), (b), (c) the percentage shall be up to 1% higher.

Amendment    212

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the capacity of Member State authorities, beneficiaries and relevant partners necessary for the effective administration and use of the Funds.

In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the institutional capacity and efficiency of public authorities and services, beneficiaries and relevant partners necessary for the effective administration and use of the Funds.

Amendment    213

Proposal for a regulation

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89.

Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89. Technical assistance in the form of an optional specific programme may be implemented either through financing not linked to costs for technical assistance or through reimbursement of direct costs.

Amendment    214

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Member State shall set up a committee to monitor the implementation of the programme ('monitoring committee') within three months of the date of notification to the Member State concerned of the decision approving the programme.

The Member State shall set up a committee to monitor the implementation of the programme ('monitoring committee'), after consultation with the managing authority, within three months of the date of notification to the Member State concerned of the decision approving the programme.

Amendment    215

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2.  Each monitoring committee shall adopt its rules of procedure.

2.  Each monitoring committee shall adopt its rules of procedure, taking into account the need for full transparency.

Amendment    216

Proposal for a regulation

Article 33 – paragraph 5

Text proposed by the Commission

Amendment

5.  Paragraphs 1 to 4 shall not apply to programmes under Article [4(c)(vi)] of the ESF+ Regulation and related technical assistance.

5.  Paragraphs 1 to 4 shall not apply to programmes under Article [4(1)(xi)] of the ESF+ Regulation and related technical assistance.

Amendment    217

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6.

The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6 through a transparent process.

Amendment    218

Proposal for a regulation

Article 34 – paragraph 2

Text proposed by the Commission

Amendment

2.  Representatives of the Commission shall participate in the work of the monitoring committee in an advisory capacity.

2.  Representatives of the Commission shall participate in the work of the monitoring committee in a monitoring and an advisory capacity. Representatives of the EIB may be invited to participate in the work of the monitoring committee, in an advisory capacity, where appropriate.

Amendment    219

Proposal for a regulation

Article 34 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  For the AMIF, the ISF and the BMVI, relevant decentralised agencies shall participate in the work of the monitoring committee in an advisory capacity.

Amendment    220

Proposal for a regulation

Article 35 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa)  proposals for possible simplification measures for beneficiaries;

Amendment    221

Proposal for a regulation

Article 35 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  any issues that affect the performance of the programme and the measures taken to address those issues;

(b)  any issues that affect the performance of the programme and the measures taken to address those issues, including also any irregularities, where appropriate;

Amendment    222

Proposal for a regulation

Article 35 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i)  the progress in administrative capacity building for public institutions and beneficiaries, where relevant.

(i)  the progress in administrative capacity building for public institutions, partners and beneficiaries, where relevant.

Amendment    223

Proposal for a regulation

Article 35 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The monitoring committee shall approve:

2.  The monitoring committee shall approve or, for programmes supported by the EAFRD, give its opinion on:

Amendment    224

Proposal for a regulation

Article 35 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the annual performance reports for programmes supported by the EMFF, the AMF, the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;

(b)  the annual performance reports for programmes supported by the EAFRD, the EMFF, the AMIF, the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;

Amendment    225

Proposal for a regulation

Article 35 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da)  changes to the list of planned operations of strategic importance referred to in point (d) of Article 17(3);

Amendment    226

Proposal for a regulation

Article 35 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The monitoring committee may propose to the managing authority further functions of intervention.

Amendment    227

Proposal for a regulation

Article 36 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme.

An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme. Managing authorities shall be duly involved in this process.

Amendment    228

Proposal for a regulation

Article 36 – paragraph 6

Text proposed by the Commission

Amendment

6.  For programmes supported by the EMFF, the AMF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.

6.  For programmes supported by the EAFRD, the EMFF, the AMIF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.

Amendment    229

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The first transmission shall be due by 31 January 2022 and the last one by 31 January 2030.

The first transmission shall be due by 28 February 2022 and the last one by 28 February 2030.

Amendment    230

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

For programmes under Article 4(1)(c)(vii) of the ESF+ Regulation, data shall be transmitted annually by 30 November.

For programmes under Article 4(1)(xi) of the ESF+ Regulation, data shall be transmitted annually by 30 November.

Amendment    231

Proposal for a regulation

Article 37 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;

(a)  in the data transmissions due by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November of each year, the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;

Amendment    232

Proposal for a regulation

Article 37 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the values of output and result indicators for selected operations and values achieved by operations.

(b)  in the data transmissions due by 31 May and 30 November of each year only, the values of output and result indicators for selected operations and values achieved by operations.

Amendment    233

Proposal for a regulation

Article 39 – paragraph 1

Text proposed by the Commission

Amendment

1.  The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, coherence and EU added value with the aim to improve the quality of the design and implementation of programmes.

1.  The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's inclusiveness, non-discriminatory nature, effectiveness, efficiency, relevance, coherence, visibility and EU added value with the aim to improve the quality of the design and implementation of programmes.

Amendment    234

Proposal for a regulation

Article 40 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The evaluation referred to in paragraph 2 shall include an evaluation of the socio-economic impact and the funding needs under the policy objectives referred to in Article 4(1), within and among the programmes with a focus on a more competitive and smarter Europe by promoting innovative and smart economic transformation and a more connected Europe by enhancing mobility, including smart and sustainable mobility and regional ICT connectivity. The Commission shall publish the results of the evaluation on its website and communicate those results to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Amendment    235

Proposal for a regulation

Article 43 – paragraph 1 – subparagraph 2 – point b

Text proposed by the Commission

Amendment

(b)  other relevant partners and bodies.

(b)  other relevant partners and bodies, including regional, local and other public authorities, and economic and social partners.

Amendment    236

Proposal for a regulation

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1.  The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and achievements.

1.  The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, indicative timetable for calls for proposals, available funding opportunities and achievements.

Amendment    237

Proposal for a regulation

Article 44 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  in the case of legal entities, the beneficiary's name;

(a)  in the case of legal entities, the beneficiary's and the contractor’s name;

Amendment    238

Proposal for a regulation

Article 44 – paragraph 3 – subparagraph 1 – point h

Text proposed by the Commission

Amendment

(h)  total cost of the operation;

(h)  total cost of the operation, or for EAFRD operations, the amount of payments corresponding to each type of intervention;

Amendment    239

Proposal for a regulation

Article 44 – paragraph 3 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

For EAFRD operations, the data referred to in point (b) of the first subparagraph shall not be published where the amount of payments received by the beneficiary in the financial year concerned is equal to or less than EUR 1 250. The beneficiary shall be identified by a code, in a form to be decided by the Member State.

Amendment    240

Proposal for a regulation

Article 45 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  providing on the beneficiary's professional website or social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;

(a)  providing on the beneficiary's professional website and social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;

Amendment    241

Proposal for a regulation

Article 45 – paragraph 1 – point c – introductory part

Text proposed by the Commission

Amendment

(c)  publicly displaying plaques or billboards as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:

(c)  displaying permanent plaques or billboards clearly visible to the public as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:

Amendment    242

Proposal for a regulation

Article 45 – paragraph 1 – point c – point i

Text proposed by the Commission

Amendment

(i)  operations supported by the ERDF and the Cohesion Fund the total cost of which exceeds EUR 500 000;

(i)  operations supported by the ERDF, the Cohesion Fund and the EAFRD the total cost of which exceeds EUR 500 000;

Amendment    243

Proposal for a regulation

Article 45 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  for operations not falling under point (c), publicly displaying at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;

(d)  for operations not falling under point (c), publicly displaying at a location clearly visible to the public at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;

Amendment    244

Proposal for a regulation

Article 45 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(ea)  publicly and permanently displaying, as of the moment of the physical implementation, the Union emblem in a way that is clearly visible to the public and in accordance with the technical characteristics laid down in Annex VIII ;

Amendment    245

Proposal for a regulation

Article 45 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For operations supported under the specific objective set out in Article 4(1)(c)(vii) of the ESF+ Regulation, this requirement shall not apply.

For operations supported under the specific objective set out in Article 4(1)(xi) of the ESF+ Regulation, this requirement shall not apply.

Amendment    246

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants, financial instruments or prizes or a combination thereof.

Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants, limited use of financial instruments or prizes or a combination thereof.

Amendment    247

Proposal for a regulation

Article 49 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a).

(c)  a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a) or 48(2)(c).

Amendment    248

Proposal for a regulation

Article 50 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  by dividing the latest documented annual gross employment costs by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part-time;

(a)  by dividing the latest documented annual gross employment costs, with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions, by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part-time;

Amendment    249

Proposal for a regulation

Article 50 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  by dividing the latest documented monthly gross employment costs by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.

(b)  by dividing the latest documented monthly gross employment costs, with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions, by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.

Amendment    250

Proposal for a regulation

Article 52 – paragraph 2

Text proposed by the Commission

Amendment

2.  Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources.

2.  Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources. Such support may target investments in both tangible and intangible assets as well as working capital, in compliance with applicable Union State aid rules.

Amendment    251

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the proposed amount of programme contribution to a financial instrument and the expected leverage effect;

(a)  the proposed amount of programme contribution to a financial instrument and the expected leverage effect, accompanied by the relevant assessments;

Amendment    252

Proposal for a regulation

Article 52 – paragraph 5

Text proposed by the Commission

Amendment

5.  Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument. In such case the rules applicable to financial instruments shall apply to that single financial instrument operation.

5.  Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument. Where the amount of the programme support in the form of grant is less than the amount of programme support in the form of a financial instrument, the rules applicable to financial instruments shall apply.

Amendment    253

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The managing authority shall select the body implementing a financial instrument.

The managing authority shall select the body implementing a financial instrument either through direct or indirect award of a contract.

Amendment    254

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

The managing authority may entrust implementation tasks through a direct award to:

 

(a)  the EIB;

 

(b)   an international financial institution in which a Member State is a shareholder;

 

(c)   a publicly-owned bank or institution, established as a legal entity and carrying out financial activities on a professional basis.

Amendment    255

Proposal for a regulation

Article 53 – paragraph 7

Text proposed by the Commission

Amendment

7.  The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.

7.  The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region, or by type of intervention for the EAFRD, for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.

Amendment    256

Proposal for a regulation

Article 53 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7a.  Reporting requirements on the financial instrument's use for the intended purposes shall be limited to the managing authorities and to financial intermediaries.

Amendment    257

Proposal for a regulation

Article 54 – paragraph 2

Text proposed by the Commission

Amendment

2.  Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support, until the end of the eligibility period.

2.  Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support for further investments in final recipients; or, where applicable, to cover the losses in the nominal amount of the Funds contribution to the financial instrument that result from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments; until the end of the eligibility period.

Amendment    258

Proposal for a regulation

Article 55 – paragraph 1

Text proposed by the Commission

Amendment

1.  Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle through an appropriate sharing of risks and profits.

1.  Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle, or for other forms of Union support, through an appropriate sharing of risks and profits taking into account the principle of sound financial management.

Amendment    259

Proposal for a regulation

Article 55 – paragraph 2

Text proposed by the Commission

Amendment

2.  The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or an independent assessment.

2.  The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or the ex ante assessment performed in line with Article 52 of this Regulation.

Amendment    260

Proposal for a regulation

Article 56 – paragraph 1

Text proposed by the Commission

Amendment

1.  Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments.

1.  Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments, taking into account the principle of sound financial management.

Amendment    261

Proposal for a regulation

Article 56 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Savings through more efficient operations shall not be considered to constitute generated income for the purposes of the first subparagraph. In particular, cost savings resulting from energy efficiency measures shall not result in a corresponding reduction in operating subsidies.

Amendment    262

Proposal for a regulation

Article 57 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December 2029.

Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December 2030.

Amendment    263

Proposal for a regulation

Article 57 – paragraph 4

Text proposed by the Commission

Amendment

4.  All or part of an operation may be implemented outside of a Member State, including outside the Union, provided that the operation contributes to the objectives of the programme.

4.  All or part of an operation under the ERDF, the ESF+ or the Cohesion Fund may be implemented outside of a Member State, including outside the Union, provided that the operation falls under one of the five components of the European territorial cooperation goal (Interreg) as defined in Article 3 of the Regulation (EU) [...] (‘the ETC Regulation’) and contributes to the objectives of the programme.

Amendment    264

Proposal for a regulation

Article 57 – paragraph 6

Text proposed by the Commission

Amendment

6.  Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made.

6.  Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made. This paragraph shall not apply to EMFF compensation for additional costs in outermost regions or expenditure financed by specific supplementary ERDF and ESF+ allocations for outermost regions.

Amendment    265

Proposal for a regulation

Article 58 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;

(a)  interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy or in relation to a contribution to financial instruments that results from negative interest;

Amendment    266

Proposal for a regulation

Article 58 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  value added tax ('VAT'), except for operations the total cost of which is below EUR 5 000 000.

deleted

Amendment    267

Proposal for a regulation

Article 58 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

The eligibility for value added tax ('VAT') operations shall be determined on a case-by-case approach, except for operations the total cost of which is below EUR 5 000 000, and for investments and expenditure by final recipients.

Amendment    268

Proposal for a regulation

Article 59 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The Member State may reduce the time limit set out in the first subparagraph to three years in cases concerning the maintenance of investments or jobs created by SMEs.

The Member State may reduce the time limit set out in the first subparagraph to three years in the duly justified cases referred to in points (a), (b) and (c) concerning the maintenance of jobs created by SMEs.

Amendment    269

Proposal for a regulation

Article 59 – paragraph 3

Text proposed by the Commission

Amendment

3.  Paragraphs 1 and 2 shall not apply to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.

3.  Paragraphs 1 and 2 shall not apply to programme contributions to or from financial instruments and any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.

Amendment    270

Proposal for a regulation

Article 62 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

For point (d) of paragraph 1, management fees shall be performance based. Where bodies implementing a holding fund and/or specific funds, pursuant to Article 53(3), are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts.

For point (d) of paragraph 1, management fees shall be performance based. For the first twelve months of implementation of the financial instrument, base remuneration for management costs and fees shall be eligible. Where bodies implementing a holding fund and/or specific funds, pursuant to Article 53(2), are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts.

Amendment    271

Proposal for a regulation

Article 62 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

That threshold is not applicable where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees.

Where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees which shall be performance-based.

Amendment    272

Proposal for a regulation

Article 63 – paragraph 2

Text proposed by the Commission

Amendment

2.  Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud.

2.  Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud. Member States shall fully cooperate with OLAF.

Amendment    273

Proposal for a regulation

Article 63 – paragraph 4

Text proposed by the Commission

Amendment

4.  Member States shall ensure the quality and reliability of the monitoring system and of data on indicators.

4.  Member States shall ensure the quality, independence and reliability of the monitoring system and of data on indicators.

Amendment    274

Proposal for a regulation

Article 63 – paragraph 6 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds. They shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations.

Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds. The scope, rules and procedures concerning those arrangements shall be the responsibility of Member States in accordance with their institutional and legal framework. They shall, upon request by the Commission in accordance with Article 64(4a), examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations.

Amendment    275

Proposal for a regulation

Article 63 – paragraph 7 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of electronic data exchange systems in accordance with Annex XII.

Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of user-friendly electronic data exchange systems in accordance with Annex XII.

Amendment    276

Proposal for a regulation

Article 63 – paragraph 7 – subparagraph 2

Text proposed by the Commission

Amendment

For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January 2023.

For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January 2022.

Amendment    277

Proposal for a regulation

Article 63 – paragraph 7 – subparagraph 3

Text proposed by the Commission

Amendment

The first sub-paragraph shall not apply to programmes under Article [4(1)(c)(vii)] of the ESF+ Regulation.

The first sub-paragraph shall not apply to programmes under Article [4(1)(xi)] of the ESF+ Regulation.

Amendment    278

Proposal for a regulation

Article 63 – paragraph 11

Text proposed by the Commission

Amendment

(11)  The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the implementation of this Article.

(11)  The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions and rules for the implementation of this Article.

Amendment    279

Proposal for a regulation

Article 64 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively during the implementation of the programmes. The Commission shall draw up an audit strategy and an audit plan which shall be based on a risk-assessment.

The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively and efficiently during the implementation of the programmes. The Commission shall draw up for Member States an audit strategy and an audit plan which shall be based on a risk-assessment.

Amendment    280

Proposal for a regulation

Article 64 – paragraph 2

Text proposed by the Commission

Amendment

2.  Commission audits shall be carried out up to three calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud.

2.  Commission audits shall be carried out up to two calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud.

Amendment    281

Proposal for a regulation

Article 64 – paragraph 4 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the Commission shall give at least 12 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.

(a)  the Commission shall give at least 15 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.

Amendment    282

Proposal for a regulation

Article 64 – paragraph 4 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 3 months after the last day of the audit, to the competent Member State authority.

(c)  the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 2 months after the last day of the audit, to the competent Member State authority.

Amendment    283

Proposal for a regulation

Article 64 – paragraph 4 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d)  the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 3 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.

(d)  the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 2 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings. The Member State’s reply shall be considered complete if the Commission has not reported on the existence of outstanding documentation within 2 months.

Amendment    284

Proposal for a regulation

Article 64 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may extend the time limits referred in points (c) and (d) by an additional three months.

The Commission may in duly justified cases extend the time limits referred in points (c) and (d) by an additional two months.

Amendment    285

Proposal for a regulation

Article 64 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.  Without prejudice to paragraph 6 of Article 63, the Commission shall provide for a complaints handling system which shall be accessible to citizens and stakeholders.

Amendment    286

Proposal for a regulation

Article 65 – paragraph 2

Text proposed by the Commission

Amendment

2.  The audit authority shall be a public authority, functionally independent from the auditees.

2.  The audit authority shall be a public or private authority, functionally independent from the Management Authority and the bodies or entities to which functions have been entrusted or delegated.

Amendment    287

Proposal for a regulation

Article 66 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  record and store in an electronic system the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.

(e)  record and store in electronic systems the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.

Amendment    288

Proposal for a regulation

Article 67 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.

For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure accessibility to persons with disabilities, gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.

Amendment    289

Proposal for a regulation

Article 67 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a)  ensure that selected operations comply with the programme and provide an effective contribution to the achievement of its specific objectives;

(a)  ensure that selected operations are sustainable, comply with the programme, as well as territorial strategies, and provide an effective contribution to the achievement of its specific objectives;

Amendment    290

Proposal for a regulation

Article 67 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c)  ensure that selected operations present the best relationship between the amount of support, the activities undertaken and the achievement of objectives;

(c)  ensure that selected operations present an appropriate relationship between the amount of support, the activities undertaken and the achievement of objectives;

Amendment    291

Proposal for a regulation

Article 67 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e)  ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council48 are subject to an environmental impact assessment or a screening procedure, on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council49 ;

(e)  ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council48 are subject to an environmental impact assessment or a screening procedure and that the assessment of alternative solutions as well as a comprehensive public consultation has been taken in due account, on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council49 ;

_________________

_________________

48 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

48 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

49 Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).

49 Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).

Amendment    292

Proposal for a regulation

Article 67 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f)  verify that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with;

(f)  ensure that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with;

Amendment    293

Proposal for a regulation

Article 67 – paragraph 3 – point j

Text proposed by the Commission

Amendment

(j)  ensure the climate proofing of investments in infrastructure with an expected lifespan of at least five years.

(j)  ensure, before taking investment decisions, the climate proofing of investments in infrastructure with an expected lifespan of at least five years, as well as the application of the Energy Efficiency First principle.

Amendment    294

Proposal for a regulation

Article 67 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.   The managing authority may also decide, in duly justified cases, to contribute up to 5 % of a programme's financial allocation under the ERDF and ESF+ to specific projects within the Member State eligible under Horizon Europe, including those selected in the second phase, provided that those specific projects contribute to the programme's objectives in that Member State.

Amendment    295

Proposal for a regulation

Article 67 – paragraph 6

Text proposed by the Commission

Amendment

6.  When the managing authority selects an operation of strategic importance, it shall inform the Commission immediately and shall provide all relevant information to the Commission about that operation.

6.  When the managing authority selects an operation of strategic importance, it shall inform the Commission within one month and shall provide all relevant information to the Commission about that operation, including a cost-benefit analysis.

Amendment    296

Proposal for a regulation

Article 68 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  ensure, subject to the availability of funding, that a beneficiary receives the amount due in full and no later than 90 days from the date of submission of the payment claim by the beneficiary;

(b)  ensure for pre-financing and interim payments that a beneficiary receives the amount due in full for verified expenditure and no later than 60 days from the date of submission of the payment claim by the beneficiary;

Amendment    297

Proposal for a regulation

Article 70 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86;

(a)  drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86 and taking account of the audits carried out by, or under the responsibility of the audit authority;

Amendment    298

Proposal for a regulation

Article 70 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  drawing up the accounts in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system;

(b)  drawing up and presenting the accounts, confirming the completeness, accuracy and correctness in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system;

Amendment    299

Proposal for a regulation

Article 71 – paragraph 6 a (new)

Text proposed by the Commission

Amendment

 

6a.  The audit shall be carried out with reference to the applicable standard at the time of the convention of the audited operation, except when new standards are more favourable to the beneficiary.

Amendment    300

Proposal for a regulation

Article 71 – paragraph 6 b (new)

Text proposed by the Commission

Amendment

 

6b.  The finding of an irregularity, as part of the audit of an operation leading to a financial penalty, cannot lead to extending the scope of the control or to financial corrections beyond the expenditure covered by the accounting year of the audited expenditure.

Amendment    301

Proposal for a regulation

Article 72 – paragraph 1

Text proposed by the Commission

Amendment

1.  The audit authority shall prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes.

1.  The audit authority shall, after consulting the managing authority, prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function. The audit shall be performed within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes. In the audit strategy, the audit authority may determine a limit for single account audits.

Amendment    302

Proposal for a regulation

Article 73 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

In case of a disagreement between the Commission and a Member State on audit findings, a settlement procedure shall be put in place.

Amendment    303

Proposal for a regulation

Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission and audit authorities shall first use all information and records available in the electronic system referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.

The Commission and audit authorities shall first use all information and records available in electronic systems referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.

Amendment    304

Proposal for a regulation

Article 75 – paragraph 1

Text proposed by the Commission

Amendment

1.  The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.

1.  The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides control reports supporting the payment application, the managing authority may decide not to carry out on-the-spot management verifications.

Amendment    305

Proposal for a regulation

Article 75 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

However, the EIB or other internationally financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority.

However, the EIB or other international financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority.

Amendment    306

Proposal for a regulation

Article 75 – paragraph 3

Text proposed by the Commission

Amendment

3.  The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.

3.  The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides the audit authority with an annual audit report drawn up by their external auditors by the end of each calendar year that covers the elements included in Annex XVII, the audit authority may decide not to carry out further audits.

Amendment    307

Proposal for a regulation

Article 75 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  In the context of guarantee funds, the bodies responsible for the audit of programmes may conduct verifications or audits of the bodies providing new underlying loans only when one or more of the following situations occur:

 

(a) supporting documents, providing evidence of the support from the financial instrument to final recipients, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments;

 

(b) there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided.

Amendment    308

Proposal for a regulation

Article 76 – paragraph 1

Text proposed by the Commission

Amendment

1.  Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a five-year period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made.

1.  Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a three-year period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made.

Amendment    309

Proposal for a regulation

Article 76 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The document retention period may be reduced, proportionally to the risk profile and the size of beneficiaries, by decision of the managing authority.

Amendment    310

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year, subject to availability of funds, as follows:

The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year, as follows:

Amendment    311

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  2022: 0.5 %;

(b)  2022: 0,7 %;

Amendment    312

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  2023: 0.5 %;

(c)  2023: 1 %;

Amendment    313

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d)  2024: 0.5 %;

(d)  2024: 1,5 %;

Amendment    314

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e)  2025: 0.5 %;

(e)  2025: 2 %;

Amendment    315

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point f

Text proposed by the Commission

Amendment

(f)  2026: 0.5

(f)  2026: 2 %

Amendment    316

Proposal for a regulation

Article 85 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b)  the amount for technical assistance calculated in accordance with Article 31(2);

(b)  the amount for technical assistance calculated in accordance with Article 31;

Amendment    317

Proposal for a regulation

Article 85 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  in the case of state aid, the payment application may include advances paid to the beneficiary by the body granting the aid under the following cumulative conditions: they are subject to a bank or equivalent guarantee, they do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation and are covered by expenditure paid by beneficiaries and supported by receipted invoices within 3 years.

Amendment    318

Proposal for a regulation

Article 86 – paragraph 1

Text proposed by the Commission

Amendment

1.  Where financial instruments are implemented in accordance with Article 53(2), payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1).

1.  Where financial instruments are implemented in accordance with Article 53(1), payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1).

Amendment    319

Proposal for a regulation

Article 86 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  Where financial instruments are implemented in accordance with Article 53(3), payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions:

2.  Where financial instruments are implemented in accordance with Article 53(2), payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions:

Amendment    320

Proposal for a regulation

Article 87 – paragraph 1

Text proposed by the Commission

Amendment

1.  Subject to available funding, the Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.

1.  The Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.

Amendment    321

Proposal for a regulation

Article 90 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  there is evidence to suggest a serious deficiency and for which corrective measures have not been taken;

(a)  there is a serious evidence of a serious deficiency and for which corrective measures have not been taken;

Amendment    322

Proposal for a regulation

Article 91 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  the Member State has failed to take the necessary action in accordance with Article 15(6).

deleted

Amendment    323

Proposal for a regulation

Article 99 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by 26 December of the second calendar year following the year of the budget commitments for the years 2021 to 2026.

1.  The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by 31 December of the third calendar year following the year of the budget commitments for the years 2021 to 2026.

Amendment    324

Proposal for a regulation

Article 99 – paragraph 2

Text proposed by the Commission

Amendment

2.  The amount to be covered by pre-financing or payment applications by the time limit established in paragraph 1 concerning the budget commitment of 2021 shall be 60 % of that commitment. 10 % of the budget commitment of 2021 shall be added to each budget commitment for the years 2022 to 2025 for the purposes of calculating the amounts to be covered.

deleted

Amendment    325

Proposal for a regulation

Article 99 – paragraph 3

Text proposed by the Commission

Amendment

3.  The part of commitments still open on 31 December 2029 shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1).

3.  The part of commitments still open on 31 December 2030 shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1).

Amendment    326

Proposal for a regulation

Article 100 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  it has not been possible to make a timely payment application because of delays at Union level in setting up the legal and administrative framework for the funds for the 2021-2027 period.

Amendment    327

Proposal for a regulation

Article 101 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Member State shall have one month to agree to the amount to be decommitted or to submit its observations.

2.  The Member State shall have two months to agree to the amount to be decommitted or to submit its observations.

Amendment    328

Proposal for a regulation

Article 102 – paragraph 1

Text proposed by the Commission

Amendment

1.  The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation (EC) No 868/2014.

1.  The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation (EC) No 2016/2066.

Amendment    329

Proposal for a regulation

Article 103 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 330 624 388 630 in 2018 prices.

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 378 097 000 000 in 2018 prices.

 

(This amendment aims to reinstate an amount equivalent to that available for the 2014-2020 period, with the necessary increases, in line with the EP position on the MFF proposal for 2021-2027. It will require consequential adjustments to the calculations in Annex XXII.)

Amendment    330

Proposal for a regulation

Article 103 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII.

The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII. The minimum overall allocation from the Funds, at national level, should be equal to 76% of the budget allocated to each Member State or region over the 2014-2020 period.

Amendment    331

Proposal for a regulation

Article 103 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

In view of the particular importance of cohesion funding for cross-border and transnational cooperation, and for the outermost regions, the eligibility criteria for such funding should be no less favourable than in the 2014-2020 period, and ensure maximum continuity with existing programmes.

 

(This Amendment will require consequential adjustments to the calculations in Annex XXII.)

Amendment    332

Proposal for a regulation

Article 104 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Resources for the Investment for jobs and growth goal shall amount to 97.5 % of the global resources (i.e., a total of EUR 322 194 388 630) and shall be allocated as follows:

1.  Resources for the Investment for jobs and growth goal shall amount to 97 % of the global resources, i.e., a total of EUR 366 754 000 000 (in 2018 prices). Out of this amount, EUR 5 900 000 000 shall be allocated to the Child Guarantee from the resources under the ESF+. The remaining envelope of EUR 360 854 000 000 (in 2018 prices) shall be allocated as follows:

Amendment    333

Proposal for a regulation

Article 104 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  61.6 % (i.e a total of EUR 198 621 593 157) for less developed regions;

(a)  61.6 % (i.e a total of EUR 222 453 894 000) for less developed regions;

Amendment    334

Proposal for a regulation

Article 104 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  14.3 % (i.e a total of EUR 45 934 516 595) for transition regions;

(b)  14.3 % (i.e a total of EUR 51 446 129 000) for transition regions;

Amendment    335

Proposal for a regulation

Article 104 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  10.8 % (i.e., a total of EUR 34 842 689 000) for more developed regions;

(c)  10.8 % (i.e., a total of EUR 39 023 410 000) for more developed regions;

Amendment    336

Proposal for a regulation

Article 104 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  12.8 % (i.e., a total of EUR 41 348 556 877) for Member States supported by the Cohesion Fund;

(d)  12.8 % (i.e., a total of EUR 46 309 907 000) for Member States supported by the Cohesion Fund;

Amendment    337

Proposal for a regulation

Article 104 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  0.4 % (i.e., a total of EUR 1 447 034 001) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

(e)  0.4 % (i.e., a total of EUR 1 620 660 000) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

Amendment    338

Proposal for a regulation

Article 104 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The amount of resources available for the ESF+ under the Investment for jobs and growth goal shall be EUR 88 646 194 590.

The resources available for the ESF+ shall amount to 28,8 % of the resources under the Investment for jobs and growth goal (i.e., EUR 105 686 000 000 in 2018 prices). That does not include the financial envelope for the Employment and Social Innovation strand or the Health strand.

Amendment    339

Proposal for a regulation

Article 104 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall be EUR 376 928 934.

The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall correspond to 0,4 % of the resources referred to in the first subparagraph (i.e., EUR 424 296 054 in 2018 prices).

Amendment    340

Proposal for a regulation

Article 104 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR 10 000 000 000. It shall be spent for transport infrastructure projects by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.

The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR 4 000 000 000 in 2018 prices. It shall be spent for transport infrastructure projects, taking into account the investment infrastructure needs of Member States and regions, by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.

Amendment    341

Proposal for a regulation

Article 104 – paragraph 4 – subparagraph 5

Text proposed by the Commission

Amendment

30% of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].

deleted

Amendment    342

Proposal for a regulation

Article 104 – paragraph 4 – subparagraph 6

Text proposed by the Commission

Amendment

Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred to the CEF.

Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund.

Amendment    343

Proposal for a regulation

Article 104 – paragraph 5

Text proposed by the Commission

Amendment

5.  EUR 500 000 000 of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.

5.  EUR 560 000 000 in 2018 prices of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.

Amendment    344

Proposal for a regulation

Article 104 – paragraph 6

Text proposed by the Commission

Amendment

6.  EUR 175 000 000 of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.

6.  EUR 196 000 000 in 2018 prices of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.

Amendment    345

Proposal for a regulation

Article 104 – paragraph 7

Text proposed by the Commission

Amendment

7.  Resources for the European territorial cooperation goal (Interreg) shall amount to 2.5 % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR 8 430 000 000).

7.  Resources for the European territorial cooperation goal (Interreg) shall amount to 3 % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR 11 343 000 000 in 2018 prices).

Amendment    346

Proposal for a regulation

Article 105 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  of not more than 15 % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;

(a)  of not more than 5 % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;

Amendment    347

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  70 % for the less developed regions;

(a)  85 % for the less developed regions;

Amendment    348

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  55 % for the transition regions;

(b)  65 % for the transition regions;

Amendment    349

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  40 % for the more developed regions.

(c)  50 % for the more developed regions.

Amendment    350

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The co-financing rates set out under point (a), shall also apply to outermost regions.

The co-financing rates set out under point (a), shall also apply to outermost regions and to the additional allocation for the outermost regions.

Amendment    351

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 70 %.

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 85 %.

Amendment    352

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 4

Text proposed by the Commission

Amendment

The ESF+ Regulation may establish higher co-financing rates for priorities supporting innovative actions in accordance with Article [14] of that Regulation.

The ESF+ Regulation may in duly justified cases establish higher co-financing rates of up to 90 %, for priorities supporting innovative actions in accordance with Article [13] and Article [4 (1) (x)] and [(xi)] of that Regulation, as well as for programmes addressing material deprivation in accordance with Article [9], youth unemployment in accordance with Article [10], supporting the European Child Guarantee in accordance with Article [10a] and transnational cooperation in line with Article [11b].

Amendment    353

Proposal for a regulation

Article 106 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

The co-financing rate for Interreg programmes shall be no higher than 70 %.

The co-financing rate for Interreg programmes shall be no higher than 85 %.

Amendment    354

Proposal for a regulation

Article 107 – paragraph 1

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII.

The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII. The Commission is empowered to adopt delegated acts in accordance with Article 108 in order to amend and adapt Delegated Regulation (EU) 204/2014, referred to in Article 6(3), to this Regulation.

Amendment    355

Proposal for a regulation

Article 108 – paragraph 2

Text proposed by the Commission

Amendment

2.  The power to adopt delegated acts referred to in Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission for an indeterminate period of time from date of entry into force of this Regulation.

2.  The power to adopt delegated acts referred to in Article 6(3), Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission from the date of entry into force of this Regulation until 31 December 2027.

Amendment    356

Proposal for a regulation

Article 108 – paragraph 3

Text proposed by the Commission

Amendment

3.  The delegation of power referred to in Article 63(10), Article 73(4), Article 88(4) and and Article 89(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.  The delegation of power referred to in Article 6(3), Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment    357

Proposal for a regulation

Article 108 – paragraph 6

Text proposed by the Commission

Amendment

6.  A delegated act adopted pursuant to Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.  A delegated act adopted pursuant to Article 6(3), Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment    358

Proposal for a regulation

Article 110 – paragraph 1

Text proposed by the Commission

Amendment

Regulation (EC) No 1303/2013 or any other act applicable to the 2014–2020 programming period shall continue to apply to programmes and operations supported by the ERDF, the ESF+, the Cohesion Fund and the EMFF under that period.

Regulation (EC) No 1303/2013 or any other act applicable to the 2014–2020 programming period shall continue to apply to programmes and operations supported by the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF under that period.

Amendment    359

Proposal for a regulation

Annex I – Table 1 – Policy objective 1 – row 001 – column 1

Text proposed by the Commission

Amendment

001  Investment in fixed assets in micro enterprises directly linked to research and innovation activities

001  Investment in fixed assets in micro enterprises directly linked to research and innovation activities or linked to competitiveness

Amendment    360

Proposal for a regulation

Annex I – Table 1 – Policy objective 1 – row 002 – column 1

Text proposed by the Commission

Amendment

002  Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities

002  Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities or linked to competitiveness

Amendment    361

Proposal for a regulation

Annex I – Table 1 – Policy objective 1 – row 004 – column 1

Text proposed by the Commission

Amendment

004  Investment in intangible assets in micro enterprises directly linked to research and innovation activities

004  Investment in intangible assets in micro enterprises directly linked to research and innovation activities or linked to competitiveness

Amendment    362

Proposal for a regulation

Annex I – Table 1 – Policy objective 1 – row 005 – column 1

Text proposed by the Commission

Amendment

005  Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities

005  Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities or linked to competitiveness

Amendment    363

Proposal for a regulation

Annex I – Table 1 – Policy objective 2 – row 035 – column 1

Text proposed by the Commission

Amendment

035  Adaption to climate change measures and prevention and management of climate related risks: floods (including awareness raising, civil protection and disaster management systems and infrastructures)

035  Adaption to climate change measures and prevention and management of climate related risks: floods and landslides (including awareness raising, civil protection and disaster management systems and infrastructures)

Amendment    364

Proposal for a regulation

Annex I – Table 1 – Policy objective 2 – row 043

 

Text proposed by the Commission

043

Household waste management: mechanical biological treatment, thermal treatment

0%

100%

Amendment

 

deleted

 

 

Amendment    365

Proposal for a regulation

Annex I – Table 1 – Policy objective 3 – row 056 – column 1

Text proposed by the Commission

Amendment

056  Newly built motorways and roads – TEN-T core network

056  Newly built motorways, bridges and roads – TEN-T core network

Amendment    366

Proposal for a regulation

Annex I – Table 1 – Policy objective 3 – row 057 – column 1

Text proposed by the Commission

Amendment

057  Newly built motorways and roads – TEN-T comprehensive network

057  Newly built motorways, bridges and roads – TEN-T comprehensive network

Amendment    367

Proposal for a regulation

Annex I – Table 1 – Policy objective 3 – row 060 – column 1

Text proposed by the Commission

Amendment

060  Reconstructed or improved motorways and roads – TEN-T core network

060  Reconstructed or improved motorways, bridges and roads – TEN-T core network

Amendment    368

Proposal for a regulation

Annex I – Table 1 – Policy objective 3 – row 061 – column 1

Text proposed by the Commission

Amendment

061  Reconstructed or improved motorways and roads – TEN-T comprehensive network

061  Reconstructed or improved motorways, bridges and roads – TEN-T comprehensive network

Amendment    369

Proposal for a regulation

Annex I – Table 1 – Policy objective 5 – row 128 – column 1

Text proposed by the Commission

Amendment

128  Protection, development and promotion of public tourism assets and related tourism services

128  Protection, development and promotion of public tourism assets and tourism services

Amendment    370

Proposal for a regulation

Annex I – Table 1 – Policy objective 5 – row 130 – column 1

Text proposed by the Commission

Amendment

130  Protection, development and promotion of natural heritage and eco-tourism

130  Protection, development and promotion of natural heritage and eco-tourism other than Natura 2000 sites

Amendment    371

Proposal for a regulation

Annex I – Table 3 – row 12 – column Integrated territorial investment (ITI)

Text proposed by the Commission

Amendment

Cities, towns and suburbs

Cities, towns, suburbs and connected rural areas

Amendment    372

Proposal for a regulation

Annex I – Table 3 – row 16 – column Integrated territorial investment (ITI)

Text proposed by the Commission

Amendment

Sparsely populated areas

Rural and sparsely populated areas

Amendment    373

Proposal for a regulation

Annex I – Table 3 – row 22 – column Community led local development (CLLD)

Text proposed by the Commission

Amendment

Cities, towns and suburbs

Cities, towns, suburbs and connected rural areas

Amendment    374

Proposal for a regulation

Annex I – Table 3 – row 26 – column Community led local development (CLLD)

Text proposed by the Commission

Amendment

Sparsely populated areas

Rural and sparsely populated areas

Amendment    375

Proposal for a regulation

Annex I – Table 3 – row 32 – column – Other type of territorial tool under Policy Objective 5

Text proposed by the Commission

Amendment

Cities, towns and suburbs

Cities, towns, suburbs and connected rural areas

Amendment    376

Proposal for a regulation

Annex I – Table 3 – row 36 – column – Other type of territorial tool under Policy Objective 5

Text proposed by the Commission

Amendment

Sparsely populated areas

Rural and sparsely populated areas

Amendment    377

Proposal for a regulation

Annex I – Table 4 – row 17

Text proposed by the Commission

Amendment

17  Accommodation and food service activities

17  Tourism, accommodation and food service activities

Amendment    378

Proposal for a regulation

Annex III – Table Horizontal enabling conditions – row 6 – column 2

Text proposed by the Commission

Amendment

A national framework for implementing the UNCRPD is in place that includes:

A national framework for implementing the UNCRPD is in place that includes:

1.  Objectives with measurable goals, data collection and monitoring mechanism.

1.  Objectives with measurable goals, data collection and monitoring mechanism, applicable across all policy objectives.

2.  Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes.

2.  Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes in line with the provisions of the UNCRPD and included in the project selection criteria and obligations.

 

2a.  Reporting arrangements to the monitoring committee on the compliance of the operations supported.

 

 

 

Amendment    379

Proposal for a regulation

Annex III – Table Horizontal enabling conditions – row 6 a (new)

 

 

Amendment

Implementation of the principles and rights of the European Pillar of Social Rights that contribute to real convergence and cohesion in the European Union.

Arrangements at national level to ensure the proper implementation of the principles of the European Pillar of Social Rights that contribute to upward social convergence and cohesion in the EU, especially the principles preventing unfair competition within the internal market.

Amendment    380

Proposal for a regulation

Annex III – Table Horizontal enabling conditions – row 6 b (new)

 

 

Amendment

Effective application of the partnership principle

A framework is in place for all partners to play a fully-fledged role in the preparation, implementation, monitoring and evaluation of programmes, which includes

 

1.  Arrangements to ensure transparent procedures for the involvement of partners

 

2.  Arrangement for dissemination and disclosure of information relevant for partners to prepare and follow-up meetings

 

3.  Support for empowering partners and capacity building

Amendment    381

Proposal for a regulation

Annex IV – Policy objective 2 – row 2 – column 4

Text proposed by the Commission

Amendment

National Energy and Climate Plan are adopted and include:

National Energy and Climate Plan comply with the Paris Agreement objective of limiting global warming to 1.5°C, are adopted and include:

1.  All elements required by the template in Annex I of the Regulation on Governance of the Energy Union

1.  All elements required by the template in Annex I of the Regulation on Governance of the Energy Union

2.  An indicative outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy

2.  An outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy

Amendment    382

Proposal for a regulation

Annex IV – Policy objective 2 – row 4 – column 2

Text proposed by the Commission

Amendment

ERDF and Cohesion Fund:

ERDF and Cohesion Fund:

2.4   Promoting climate change adaptation, risk prevention and disaster resilience

2.4   Promoting climate and structural change adaptation, risk prevention and disaster resilience

Amendment    383

Proposal for a regulation

Annex IV – Policy objective 2 – row 7 – column 4

Text proposed by the Commission

Amendment

A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes

A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes

1.  All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States

1.  All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States including the priority measures and an estimate of financing needs

2.  The identification of the priority measures and an estimate of financing needs

 

Amendment    384

Proposal for a regulation

Annex IV – Policy objective 3 – point 3.2 – column 2

Text proposed by the Commission

Amendment

3.2 Developing a sustainable, climate resilient, intelligent, secure and intermodal TEN-T

3.2 Developing a sustainable, climate resilient, intelligent, safe and intermodal TEN-T

Amendment    385

Proposal for a regulation

Annex IV – Policy objective 3 – point 3.2 – column 4 – point -1 a (new)

Text proposed by the Commission

Amendment

 

-1a.  Requires social, economic and territorial cohesion to be ensured, and, to a greater extent, missing links to be completed and bottlenecks to be removed on the TEN-T network, which also means investment in hard infrastructure

Amendment    386

Proposal for a regulation

Annex IV – Policy objective 3 – point 3.2 – column 4 – point 1

Text proposed by the Commission

Amendment

1.  Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of rail liberalisation

1.  Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of the opening of the rail services markets

Amendment    387

Proposal for a regulation

Annex IV – Policy objective 3 – row 2 – column 4 – point 2

Text proposed by the Commission

Amendment

2.  Reflects air quality plans, taking into account in particular national decarbonisation plans

2.  Reflects air quality plans, taking into account in particular national emission reduction strategies for the transport sector

Amendment    388

Proposal for a regulation

Annex IV – Policy objective 3 – row 2 – column 4 – point 3

Text proposed by the Commission

Amendment

3.  Includes investments in core TEN-T network corridors, as defined by regulation (EU) 1316/2013, in line with the respective TEN-T work plans

3.  Includes investments in core TEN-T network corridors, as defined by regulation (EU) 1316/2013, in line with the respective TEN-T work plans as well as pre-identified sections on the comprehensive network

Amendment    389

Proposal for a regulation

Annex IV – Policy objective 3 – row 2 – column 4 – point 4

Text proposed by the Commission

Amendment

4.  For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the regions and local communities to the core TEN-T and its nodes

4.  For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the urban networks, regions and local communities to the core TEN-T and its nodes

Amendment    390

Proposal for a regulation

Annex IV – Policy objective 3 – row 2 – column 4 – point 9 a (new)

Text proposed by the Commission

Amendment

 

9a.  Promotes sustainable regional and cross-border tourism initiatives that lead to win-win situations for both the tourists and the inhabitants, such as interconnecting the EuroVelo network with the TRAN European Railway network

Amendment    391

Proposal for a regulation

Annex IV – Policy objective 4 – row 1 – column 2 – point ESF

Text proposed by the Commission

Amendment

ESF:

ESF:

4.1.1  Improving access to employment of all jobseekers, including youth, and of inactive people and promoting self-employment, and the social economy;

4.1.1  Improving access to employment of all jobseekers, in particular youth and long-term unemployed, and of inactive people and promoting self-employment, and the social economy;

4.1.2  Modernising labour market institutions and services to ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;

4.1.2  Modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;

Amendment    392

Proposal for a regulation

Annex IV – Policy objective 4 – row 2 – column 2 – point ESF

Text proposed by the Commission

Amendment

ESF

ESF

4.1.3  Promoting a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers to change and healthy and active ageing;

4.1.3  Promoting women’s labour market participation a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change and healthy and active ageing;

 

 

Amendment    393

Proposal for a regulation

Annex IV – Policy objective 4 – row 2 – column 4 – point 2

Text proposed by the Commission

Amendment

2.  Measures to address gender gaps in employment, pay and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets

2.  Measures to address gender gaps in employment, pay, social security, taxation and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets

 

 

Amendment    394

Proposal for a regulation

Annex IV – Policy objective 4 – row 3 – column 2 – point ESF

Text proposed by the Commission

Amendment

ESF:

ESF:

4.2.1  Improving the quality, effectiveness and labour market relevance of education and training systems;

4.2.1  Improving the quality, inclusiveness and effectiveness and labour market relevance of education and training systems to support acquisition of key competences including digital skills and to facilitate the transition between education and work;

4.2.2  Promoting flexible upskilling and reskilling opportunities for all, including by facilitating career transitions and promoting professional mobility

4.2.2  Promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all as well as informal and non-formal learning, including by facilitating career transitions and promoting professional mobility

4.2.3  Promoting equal access, in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level;

4.2.3  Promoting equal access to and completion of, quality and inclusive education and training, in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all;

 

 

Amendment    395

Proposal for a regulation

Annex IV – row 4.2 - column 4: Fulfilment criteria for the enabling condition – point 1

Text proposed by the Commission

Amendment

1.  Evidence-based systems for skills anticipation and forecasting as well as graduate tracking mechanisms and services for quality and effective guidance for learners of all ages

1.  Evidence-based systems for skills anticipation and forecasting as well as follow-up tracking mechanisms and services for quality and effective guidance for learners of all ages including learner-centred approaches

Amendment    396

Proposal for a regulation

Annex IV – row 4.2 – column 4: Fulfilment criteria for the enabling condition – point 2

Text proposed by the Commission

Amendment

2.  Measures to ensure equal access to, participation in and completion of quality, relevant and inclusive education and training and acquisition of key competences at all levels, including higher education

2.  Measures to ensure equal access to, participation in and completion of quality, affordable, relevant, non-segregated and inclusive education and training and acquisition of key competences at all levels, including tertiary education

Amendment    397

Proposal for a regulation

Annex IV – row 4.2 – column 4: Fulfilment criteria for the enabling condition – point 3

Text proposed by the Commission

Amendment

3.  Coordination mechanism across all levels of education and training, including tertiary education, and clear assignment of responsibilities between the relevant national and/or regional bodies

3.  Coordination mechanism across all levels of education and training, including tertiary education and non-formal and informal learning providers, and clear assignment of responsibilities between the relevant national and/or regional bodies

Amendment    398

Proposal for a regulation

Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3

Text proposed by the Commission

Amendment

ERDF:

ERDF:

4.3  increasing the socio-economic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services

4.3  increasing the socio-economic integration of marginalised communities, refugees and migrants under international protection and disadvantaged groups, through integrated measures including housing and social services

Amendment    399

Proposal for a regulation

Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3.1

Text proposed by the Commission

Amendment

ESF:

ESF:

4.3.1  Promoting active inclusion including with a view to promoting equal opportunities and active participation, and improving employability;

4.3.1  fostering active inclusion including with a view to promoting equal opportunities and active participation, and improving employability;

Amendment    400

Proposal for a regulation

Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3.1 a (new)

Text proposed by the Commission

Amendment

 

4.3.1a.  Promoting social integration of people at risk of poverty or social exclusion, including the most deprived and children

Amendment    401

Proposal for a regulation

Annex IV – Policy objective 4 – row 4 – column 4

Text proposed by the Commission

Amendment

A national strategic policy framework for social inclusion and poverty reduction is in place that includes:

A national strategic policy framework and action plan for social inclusion and poverty reduction is in place that includes:

1.  Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people

1.  Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people

2.  Measures to prevent and combat segregation in all fields, including through providing adequate income support, inclusive labour markets and access to quality services for vulnerable people, including migrants

2.  Measures to prevent and combat segregation in all fields, including through providing adequate income support, social protection, inclusive labour markets and access to quality services for vulnerable people, including migrants and refugees

3.  Measures for the shift from institutional to community-based care

3.  Measures for the transition from institutional to family- and community-based care based on a national deinstitutionalisation strategy and an action plan

4.  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations

4.  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations

Amendment    402

Proposal for a regulation

Annex IV – Policy objective 4 – row 5 – column 2

Text proposed by the Commission

Amendment

ESF:

ESF:

4.3.2  Promoting socio-economic integration of marginalised communities such as the Roma;

4.3.2  Promoting socio-economic integration of third country nationals and of marginalised communities such as the Roma;

Amendment    403

Proposal for a regulation

Annex IV – Policy objective 4 – row 6 – column 2

Text proposed by the Commission

Amendment

ESF:

ESF:

4.3.4  Enhancing the equal and timely access to quality, sustainable and affordable services; improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services

4.3.4  Enhancing the equal and timely access to quality, sustainable and affordable services; modernising social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services

Amendment    404

Proposal for a regulation

Annex IV – Policy objective 4 – row 6 – column 4 – points 2, 3 and 3 a (new)

Text proposed by the Commission

Amendment

A national or regional strategic policy framework for health is in place that contains:

A national or regional strategic policy framework for health is in place that contains:

1.  Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures

1.  Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures

2.  Measures to ensure the efficiency, sustainability, accessibility and affordability to health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems

2.  Measures to ensure the efficiency, sustainability, accessibility and affordability of health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems and those who are hardest to reach

3.  Measures to promote community based services, including prevention and primary care, home-care and community-based services

3.  Measures to promote community based services, including prevention and primary care, home-care and community-based services, and the transition from institutional to family and community based care

 

3a.  Measures to ensure the efficiency, sustainability, accessibility and affordability of social protection systems

Amendment    405

Proposal for a regulation

Annex V – point 2 – Table 1T – Programme structure

 

Text proposed by the Commission

ID

Title [300]

TA

Basis for calculation

Fund

Category of region supported

Specific Objective selected

1

Priority 1

No

 

ERDF

More

SO 1

Transition

Less developed

SO 2

Outermost and sparsely populated

More

SO 3

2

Priority 2

No

 

ESF+

More

SO 4

Transition

Less developed

SO 5

Outermost

3

Priority 3

No

 

CF

N/A

 

3

Priority technical assistance

Yes

 

 

 

NA

..

Dedicated priority youth employment)

No

 

ESF+

 

 

..

Dedicated priority CSRs

No

 

ESF+

 

 

..

Dedicated priority Innovative actions

No

 

ESF+

 

SO 8

 

Dedicated priority Material deprivation

No

 

ESF+

 

SO 9

 

Amendment

ID

Title [300]

TA

Basis for calculation

Fund

Category of region supported

Specific Objective selected

1

Priority 1

No

 

ERDF

More

SO 1

Transition

Less developed

SO 2

Outermost and sparsely populated

More

SO 3

2

Priority 2

No

 

ESF+

More

SO 4

Transition

Less developed

SO 5

Outermost

3

Priority 3

No

 

CF

N/A

 

3

Priority technical assistance

Yes

 

 

 

NA

..

Dedicated priority youth employment)

No

 

ESF+

 

 

 

Dedicated priority Child Guarantee

No

 

ESF+

 

 

..

Dedicated priority CSRs

No

 

ESF+

 

 

..

Dedicated priority Innovative actions

No

 

ESF+

 

SO 8

 

Dedicated priority Material deprivation

No

 

ESF+

 

SO 9

Amendment    406

Proposal for a regulation

Annex V – point 2.1 – table

 

Text proposed by the Commission

This is a priority dedicated to a relevant country-specific recommendation

This is a priority dedicated to youth employment

This is a priority dedicated to innovative actions

This is a priority dedicated to addressing material deprivation

 

Amendment

This is a priority dedicated to a relevant country-specific recommendation

This is a priority dedicated to youth employment

This is a priority dedicated to Child Guarantee

This is a priority dedicated to innovative actions

This is a priority dedicated to addressing material deprivation

Amendment    407

Proposal for a regulation

Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – introductory part

Text proposed by the Commission

Amendment

2.1.1.  Specific objective54 (Jobs and growth goal) or Area of support (EMFF) – repeated for each selected specific objective or area of support, for priorities other than technical assistance

2.1.1.  Specific objective54 (Jobs and growth goal) or Area of support (EMFF) – repeated for each selected specific objective or area of support, for priorities other than technical assistance

__________________

__________________

54 Except for a specific objective set out in Article 4(1)(c)(vii) of the ESF+ Regulation.

54 Except for a specific objective set out in Article 4(1)(xi) of the ESF+ Regulation.

Amendment    408

Proposal for a regulation

Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.2 – introductory part

Text proposed by the Commission

Amendment

2.1.1.2  Indicators55

2.1.1.2  Indicators

_________________

 

55 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.

 

Amendment    409

Proposal for a regulation

Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.3 – introductory part

Text proposed by the Commission

Amendment

2.1.1.3  Indicative breakdown of the programme resources (EU) by type of intervention56 (not applicable to the EMFF)

2.1.1.3  Indicative breakdown of the programme resources (EU) by type of intervention (not applicable to the EMFF)

 

_________________

 

56 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.

 

Amendment    410

Proposal for a regulation

Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.2 – paragraph 8

Text proposed by the Commission

Amendment

Criteria for the selection of operations57

Criteria for the selection of operations57

__________________

__________________

57 Only for programmes limited to the specific objective set out in Article 4(1)(c)(vii) of the ESF+ Regulation

57 Only for programmes limited to the specific objective set out in Article 4(1)(xi) of the ESF+ Regulation

Amendment    411

Proposal for a regulation

Annex V – point 3 – table 16

Text proposed by the Commission

Amendment

[...]

deleted

Amendment    412

Proposal for a regulation

Annex V – point 3 – point 3.2 – introductory part

Text proposed by the Commission

Amendment

3.2  Total financial appropriations by fund and national co-financing59

3.2  Total financial appropriations by fund and national co-financing

_________________

 

59 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, financial appropriations for the years 2021 to 2025 only.

 

(1)

OJ C ... / Not yet published in the Official Journal.

(2)

OJ C ... / Not yet published in the Official Journal.

(3)

OJ C 17, 14.1.2019, p. 1.


EXPLANATORY STATEMENT

On 29 May 2018, the Commission made its proposal for the Common Provisions Regulation (CPR) for the 2021-2027 period. The proposed CPR contains common rules for the European Regional Development Fund (ERDF), the Cohesion Fund (CF), the European Social Fund Plus (ESF+), the European Maritime and Fisheries Fund (EMFF), the Asylum and Migration Fund (AMIF), the Border Management and Visa Instrument (BMVI) and the Internal Security Fund (ISF). The Commission decided not to include rules on the European Agricultural Fund for Rural Development (EAFRD) in the proposal, contrary to what is the case for the 2014-2020 period.

A. Consideration of the proposal in Parliament

This proposal is of major political and practical importance, as it lays down the main rules for the Union’s cohesion policy for the next seven-year period.

In view of the importance of the proposal, Parliament has authorised the Committee on Regional Development (REGI) to appoint two co-rapporteurs, namely Andrey Novakov (EPP) and Constanze Krehl (S&D).

A first presentation by the Commission and exchange of views took place in REGI on 20 June. After intense work over the summer, the co-rapporteurs submitted the draft report in September 2018.

In order to avoid any possible delay in implementation of the new cohesion policy and to allow interinstitutional negotiations to take place before the European elections and the renewal of Parliament in 2019, the co-rapporteurs have decided to deal with this proposal as speedily as possible. The deadline for tabling amendments in committee was 22 October 2018. The nine opinion-giving committees adopted their positions before the end of 2018, allowing the report to be adopted on 22 January 2019. Interinstitutional negotiations could then take place until mid-March 2019 so that the European parliament secures a first reading position by April 2019.

B. Key amendments proposed by the co-rapporteurs

The draft report built on the Commission Proposal, containing a number of amendments, listed and explained below which the co-rapporteurs would like to see taken into account in the final regulation.

1. Reintegration of the EAFRD

The Commission rightly notes that having a common rulebook for the different shared-management funds contributes to administrative simplification and coherence, and allows synergies between the different funds. The co-rapporteurs are therefore surprised that the EAFRD is not covered by the CPR, which could lead to strategic gaps and coordination issues for local investments. A number of the amendments above therefore seek to reintegrate the EAFRD into the CPR.

2. Resources for economic, social and territorial cohesion

The Commission’s proposal provides for a smaller budget (EUR 330.6 billion) for cohesion policy compared to the previous seven-year period. Parliament decided, in its resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources, that the allocation for cohesion policy should remain, in real terms, at the same level as for 2014-2020. The co-rapporteurs have therefore tabled an amendment to increase the overall amount by around EUR 47.5 billion to a total of EUR 378.1 billion (2018 prices) in order to bring it up to the same level as during the 2014-2020 period. This increase is then implemented in the figures for the ERDF, CF and ESF+. The key for allocations between the Member States contained in Annex XXII is not touched, however. The allocations will merely need to be recalculated on the basis of the new total.

The co-rapporteurs propose that EUR 222.4 billion through the Investment for jobs and growth goal support the less developed regions, while EUR 46.3 are allocated to Member States supported by the Cohesion Fund.

3. Readjustment of the balance between the ‘Investment for jobs and growth’ goal and the ‘European territorial cooperation’ (Interreg) goal

The Commission proposal provides for 97.5% of the overall envelope to be spent on the jobs and growth goal, and only 2.5% on the Interreg goal. In view of the importance of the Interreg programme for cross-border cooperation and of its recognised EU added value, the co-rapporteurs propose to modify those percentages to 97% and 3%, which translates to EUR 366.7 billion and EUR 11.3 billion, respectively. This requires consequential modifications to the allocations to the different categories of regions, without modifying the respective proportions.

4. European Urban Initiative and transnational cooperation supporting innovative solutions

In view of the adjustment of the overall figures, in order to reinstate the level of funding available for the previous period, the co-rapporteurs propose to increase the fixed amounts of the allocation to the European Urban Initiative and transnational cooperation supporting innovative solutions by the same percentage: EUR 560 million and EUR 196 million, respectively.

5. Transfers out of cohesion policy to InvestEU and the Connecting Europe Facility

The Commission proposal allows Member States to transfer up to 5% of their cohesion policy allocation out in order to increase their allocations under InvestEU. Whilst the co-rapporteurs support the goals of InvestEU, they feel that cohesion policy is also very important for the development of Europe. The co-rapporteurs therefore wish to limit the transfer to 1% of ERDF, the ESF+, the Cohesion Fund and the EMFF before the mid-term review, and up to 2.5% under the mid-term review for investments in line with cohesion policy objectives and in the same category of regions targeted by the Funds of origin.

The Commission’s proposal also provides for EUR 10 billion to be taken out of the Cohesion Fund in order to be spent on the Connecting Europe Facility. The co-rapporteurs propose to limit the transfer to EUR 4 billion. Whilst the Connecting Europe Facility is a worthy enterprise, it is not appropriate to further reduce the allocation for the Cohesion Fund. In addition to the limit, the co-rapporteurs propose that until 31 December 2023, project selection respects the national allocations under the Cohesion Fund.

6. Transfers between funds and between categories of regions

The Commission proposal allows Member States to transfer up to 5% of their allocations under a specific fund to a different fund. Whilst the co-rapporteurs understand the need for flexibility in some cases, they consider that allowing transfers between all funds could endanger the fulfilment of the core objectives of cohesion policy. They therefore propose allowing such transfers of up to 5% out of any fund, but only towards the ERDF, CF and ESF+, thus preventing the hollowing out of cohesion policy.

The Commission’s proposal also allows for up to 15% of the allocation for less developed regions, which are to benefit from the largest share of cohesion policy funding, to be transferred to other categories of regions. Again, the co-rapporteurs agree that some flexibility is required. However, the reason less developed regions receive the largest share of cohesion policy funding is that they need it most. This draft report therefore proposes to limit such transfers to 5% at most.

7. Co-financing rates

The Commission proposal provides for maximum co-financing rates which differ according to the fund and the category of region (70% for the less developed, 55 for transition and 40% for more developed regions). The co-rapporteurs consider that there needs to be more leeway to provide higher rates of co-financing where appropriate. They therefore propose having co-financing rates of 85% for less developed regions, 65% for transition regions and 50% for more developed regions. In the case of funding paid out of the Cohesion Fund, for the outermost regions, or under Interreg programmes, they propose that the maximum co-financing rate should be 85%, as in 2014-2020.

8. Pre-financing rates

In the Commission proposal, pre-financing is to be paid on an annual basis at a flat rate of 0.5% each year. The co-rapporteurs consider that it is appropriate to gradually increase the pre-financing rate over the course of the multiannual framework to take into account the increasing level of implementation over that time. They therefore suggest increasing the pre-financing rate in steps each year, so as to reach 2% in the last two years of the programming period.

9. Links with the European Semester

The Commission proposes a strengthened link between cohesion policy and the European Semester process. This idea has been hotly disputed for some time. The co-rapporteurs consider that it is not appropriate to punish local communities for perceived failings of national economic policies. They therefore propose that serious failure to comply with recommendations linked to the European Semester process should only lead to the suspension of commitment appropriations and not payment appropriations. Even in serious cases, such suspensions should not be able to exceed a certain proportion of the funds to be spent in a Member State.

10. Mid-term review and programming

The Commission proposal provides for the mid-term review by the Member States of programmes supported by the ERDF, the ESF+ and the CF. The co-rapporteurs consider that this is a very important point in the framework of cohesion policy, as conditions necessarily change over the course of a seven-year programme. However, based on the experiences Europe has had over the last years, the co-rapporteurs consider that it is appropriate to indicate that economic crises are one of the key reasons which might warrant the reorientation of cohesion policy programmes. However, the outcome of the mid-term review should not lead to compulsory amendment of each programme. Therefore, the co-rapporteurs propose that Member States may state that no amendment is necessary.

In its proposal, the Commission asks the Member States to include in the content of their programmes the respective amount for the years 2021-2025 only. The co-rapporteurs propose indicative financial planning for the entire period 2021-2027, which is more favourable to managing authorities, beneficiaries and projects.

11. Decommitment rule

The European Commission proposed that the part of commitments still open on 31 December 2029 shall be decommitted. The co-rapporteurs decided to extend the decommitment rule to 31 December 2030 (n+3) in order to allow more time for the implementation of cohesion policy, and its programmes.

12. Major projects

In the 2014-2020 period, the CPR contains provisions putting in place special controls for major projects. Those provisions have not been included in the Commission’s new proposal. The co-rapporteurs consider that some sort of special consideration is needed for major projects. They therefore proposed reintroducing a streamlined version of the current rules on major projects, albeit with a higher threshold.


OPINION of the Committee on Budgets (11.12.2018)

for the Committee on Regional Development

on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument.

(COM(2018)0375 – C8‑0230/2018 – 2018/0196(COD))

Rapporteur for opinion: Siegfried Mureşan

AMENDMENTS

The Committee on Budgets calls on the Committee on Regional Development, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Title

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the European Agricultural Fund for Rural Development, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument.

 

(This amendment applies throughout the text; its adoption will necessitate linguistic adjustments throughout.)

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  In its resolutions of 14 March and 30 May 2018 on the Multiannual Financial Framework for the period 2021-2027 (MFF 2021-2027), the European Parliament stressed the importance of the horizontal principles that should underpin the MFF 2021-2027 and all related Union policies. The European Parliament reaffirmed, in that context, its position that the Union must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs), and deplored the lack of a clear and visible commitment to that end in those proposals. Therefore, the European Parliament requested the mainstreaming of the SDGs into all Union policies and initiatives of the MFF 2021-2027. It further underlined that the elimination of discrimination was vital to fulfil the Union’s commitments towards an inclusive Europe and therefore called for gender mainstreaming and gender equality commitments to be incorporated in all Union policies and initiatives in the MFF 2021-2027. It stressed in its resolution that, in response to the Paris Agreement, cross-cutting climate-related spending should be significantly increased in comparison with the current MFF and reach 30% as soon as possible and at the latest by 2027.

Amendment    3

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2 a)  Cohesion policy remains the main investment policy of the Union covering all regions in the Union, in order to tackle complex socio-economic challenges while concentrating the majority of the resources on the most vulnerable regions, including peripheral and island regions. It is important that, cohesion policy continues to focus on reducing the disparities between levels of development and enhancing convergence as enshrined in the Treaty.

Amendment    4

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.

(5)  Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union and the United Nations Sustainable Development Goals. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender mainstreaming and gender equality, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.

Amendment    5

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a)  Maintaining the financing of the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund post-2020 for the EU-27 at least at the level of the 2014-2020 budget at constant prices is an essential condition to enable this policy to fulfil its mission and successfully achieve its objectives. It is also essential for the Youth Employment Initiative envelope to be doubled, as well as secure additional funding for a Child Guarantee. Any reductions would adversely impact on the very nature and objectives of that policy.

Amendment    6

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)  To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD') or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.

(23)  To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD') (refered to as 'LEADER' under the EARDF) or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.

Amendment    7

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund,, the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');

(a)  financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development (EARDF), the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');

 

With regard to the EAFRD the following provisions shall apply:

 

-   Title I;

 

-   in Title II, Chapter I, Articles 11 and 12 of Chapter II and Chapter III;

 

-   in Title III, Chapter II;

 

-   in Title IV, Articles 33 to 36 of Chapter I, Chapter II and Chapter III;

 

-   in Title V, Chapter I and Section 2 of Chapter I; and

 

-   Title IX.

Amendment    8

Proposal for a regulation

Article 1 – paragraph 6 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  Regulation (EU) No […] (the 'CAP Strategic Plans Regulation')

Amendment    9

Proposal for a regulation

Article 1 – paragraph 6 – point c b (new)

Text proposed by the Commission

Amendment

 

(c b)  Regulation (EU) No […] (the 'CAP Horizontal Regulation')

Amendment    10

Proposal for a regulation

Article 4 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  a more connected Europe by enhancing mobility and regional ICT connectivity;

(c)  a more connected Europe by enhancing, both land and maritime, mobility and regional ICT connectivity;

Amendment    11

Proposal for a regulation

Article 4 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  a Europe closer to citizens by fostering the sustainable and integrated development of urban, rural and coastal areas and local initiatives.

(e)  a Europe closer to citizens by fostering the sustainable and integrated development of urban, rural, coastal and island areas, and local initiatives.

Amendment    12

Proposal for a regulation

Article 8 – paragraph 1 – point b – point iii

Text proposed by the Commission

Amendment

(iii)  complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;

(iii)  complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects, and, where appropriate, projects funded under Horizon Europe;

Amendment    13

Proposal for a regulation

Article 8 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(g a)  (h) a description of the territorial approach to be applied by the Member State, including territorial challenges and related national or regional strategies, territorial approach in relation to the 5 POs, links with EAFRD investments in rural areas, territorial instruments.

Amendment    14

Proposal for a regulation

Article 11 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

The first sub-paragraph shall not apply to operations that contribute to the fulfilment of the corresponding enabling condition.

The first sub-paragraph shall not apply to operations that contribute to the fulfilment of the corresponding enabling condition or if the fulfilment is very advanced in the process and the reasons for non-fulfilment do not affect the eligibility of the projects.

Amendment    15

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission may request a Member State to review and propose amendments to relevant programmes, where this is necessary to support the implementation of relevant Council Recommendations.

The Commission may request a Member State to review and propose amendments to relevant programmes, where this is necessary to support the implementation of relevant Council Recommendations but without prejudice to the good implementation of the policy objectives of each Funds.

Amendment    16

Proposal for a regulation

Article 15 – paragraph 6

Text proposed by the Commission

Amendment

6.  Where the Member State fails to take effective action in response to a request made in accordance with paragraph 1, within the deadlines set out in paragraphs 3 and 4, the Commission may suspend all or part of the payments for the programmes or priorities concerned in accordance with Article 91.

deleted

Amendment    17

Proposal for a regulation

Article 15 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases:

deleted

(a) where the Council decides in accordance with Article 126(8) or Article 126(11) TFEU that a Member State has not taken effective action to correct its excessive deficit;

 

(b) where the Council adopts two successive recommendations in the same imbalance procedure, in accordance with Article 8(3) of Regulation (EU) No 1176/2011 of the European Parliament and of the Council40 on the grounds that a Member State has submitted an insufficient corrective action plan;

 

(c) where the Council adopts two successive decisions in the same imbalance procedure in accordance with Article 10(4) of Regulation (EU) No 1176/2011 establishing non-compliance by a Member State on the grounds that it has not taken the recommended corrective action;

 

(d) where the Commission concludes that a Member State has not taken measures as referred to in Council Regulation (EC) No 332/200241 and as a consequence decides not to authorise the disbursement of the financial assistance granted to that Member State;

 

(e) where the Council decides that a Member State does not comply with the macro-economic adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 of the European Parliament and of the Council42 , or with the measures requested by a Council decision adopted in accordance with Article 136(1) TFEU.

 

Priority shall be given to the suspension of commitments; payments shall be suspended only when immediate action is sought and in the case of significant non-compliance. The suspension of payments shall apply to payment applications submitted for the programmes concerned after the date of the decision to suspend.

 

The Commission may, on grounds of exceptional economic circumstances or following a reasoned request by the Member State concerned addressed to the Commission within 10 days of adoption of the decision or recommendation referred to in the previous sub-paragraph, recommend that the Council cancel the suspension referred to in the same sub-paragraph.

 

_________________

 

40 Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

 

41 Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002).

 

42 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).

 

Amendment    18

Proposal for a regulation

Article 15 – paragraph 8

Text proposed by the Commission

Amendment

8.  A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within one month of the submission of the Commission proposal.

deleted

The suspension of commitments shall apply to the commitments from the Funds for the Member State concerned from 1 January of the year following the decision to suspend.

 

The Council shall adopt a decision, by means of an implementing act, on a proposal by the Commission referred to in paragraph 7 in relation to the suspension of payments.

 

Amendment    19

Proposal for a regulation

Article 15 – paragraph 9

Text proposed by the Commission

Amendment

9.  The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.

deleted

Amendment    20

Proposal for a regulation

Article 15 – paragraph 10

Text proposed by the Commission

Amendment

10.  The suspension of commitments shall be subject to a maximum of 25 % of the commitments relating to the next calendar year for the Funds or 0,25 % of nominal GDP whichever is lower, in any of the following cases:

deleted

(a) in the first case of non-compliance with an excessive deficit procedure as referred to under point (a) of paragraph 7;;

 

(b) in the first case of non- compliance relating to a corrective action plan under an excessive imbalance procedure as referred to under point b of paragraph 7;

 

(c) in case of non-compliance with the recommended corrective action pursuant to an excessive imbalance procedure as referred to under point (c) of paragraph 7;

 

(d) in the first case of non-compliance as referred to under points (d) and (e) of paragraph 7.

 

In case of persistent non-compliance, the suspension of commitments may exceed the maximum percentages set out in the first sub-paragraph.

 

Amendment    21

Proposal for a regulation

Article 15 – paragraph 11

Text proposed by the Commission

Amendment

11.  The Council shall lift the suspension of commitments on a proposal from the Commission, in accordance with the procedure set out in paragraph 8, in the following cases:

deleted

(a) where the excessive deficit procedure is held in abeyance in accordance with Article 9 of Council Regulation (EC) No 1467/9743 or the Council has decided in accordance with Article 126(12) TFEU to abrogate the decision on the existence of an excessive deficit;

 

(b) where the Council has endorsed the corrective action plan submitted by the Member State concerned in accordance with Article 8(2) of Regulation (EU) No 1176/2011 or the excessive imbalance procedure is placed in a position of abeyance in accordance with Article 10(5) of that Regulation or the Council has closed the excessive imbalance procedure in accordance with Article 11 of that Regulation;

 

(c) where the Commission has concluded that a Member State has taken appropriate measures as referred to in Regulation (EC) No 332/2002;

 

(d) where the Commission has concluded that the Member State concerned has taken appropriate measures to implement the adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 or the measures requested by a decision of the Council in accordance with Article 136(1) TFEU.

 

After the Council has lifted the suspension of commitments, the Commission shall re-budget the suspended commitments in accordance with Article [8] of Council Regulation (EU, Euratom) [ […] (MFF regulation)].

 

Suspended commitments may not be re-budgeted beyond the year 2027.

 

The decommitment time limit for the re-budgeted amount in accordance with Article 99 shall start from the year in which the suspended commitment has been re-budgeted.

 

A decision concerning the lifting of the suspension of payments shall be taken by the Council on a proposal by the Commission where the applicable conditions set out in in the first sub-paragraph are fulfilled.

 

_________________

 

43 Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).

 

Amendment    22

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point a – point iii

Text proposed by the Commission

Amendment

(iii)  challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;

(iii)  challenges identified in relevant country-specific recommendations addressed to the Member State;

Amendment    23

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 – point d – point iv

Text proposed by the Commission

Amendment

(iv)  specific territories targeted, including the planned use of integrated territorial investment, community-led local development or other territorial tools;

(iv)  specific territories targeted, including arrangements to address key challenges of insular and peripheral regions and the planned use of integrated territorial investment, community-led local development or other territorial tools;

Amendment    24

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.

1.  The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as if applicable, its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations, challenges identified in national and regional development strategies and, where applicable, findings and recommendations of ex-ante evaluations.

Amendment    25

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect management.

1.  A Member State may voluntaryly request the transfer of up to 5 % of programme financial allocations from instruments of ERDF, CF or ESF+ to any of the instruments of ERDF, CF or ESF+.

Amendment    26

Proposal for a regulation

Article 23 – paragraph 5

Text proposed by the Commission

Amendment

5.  Support may be provided for the preparation and design of territorial strategies.

5.  Support may be provided for the preparation and design of territorial strategies, especially as regards technical assistance towards geographical areas which suffer from permanent natural or demographic handicaps as referred to in Article 174 TFEU;.

Amendment    27

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1.  The ERDF, the ESF+ and the EMFF may support community-led local development.

1.  The ERDF, the ESF+ , the EAFRD as referred to in Regulation XX/XXX and the EMFF may support community-led local development.

Amendment    28

Proposal for a regulation

Article 25 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The EAFRD shall support community-led local development. In that case it shall be referred to as "LEADER".

Amendment    29

Proposal for a regulation

Article 53 – paragraph 7

Text proposed by the Commission

Amendment

7.  The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.

7.  The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region or by type of interventions for the EARDF for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.

Amendment    30

Proposal for a regulation

Article 70 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(c a)  certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts complies with applicable law and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme and complying with applicable law;

Amendment    31

Proposal for a regulation

Article 70 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(c b)  ensuring, for the purposes of drawing up and submitting payment applications, that it has received adequate information from the managing authority on the procedures and verifications carried out in relation to expenditure;

Amendment    32

Proposal for a regulation

Article 70 – paragraph 1 – point c c (new)

Text proposed by the Commission

Amendment

 

(c c)  taking account when drawing up and submitting payment applications of the results of all audits carried out by, or under the responsibility of, the audit authority;

Amendment    33

Proposal for a regulation

Article 70 – paragraph 1 – point c d (new)

Text proposed by the Commission

Amendment

 

(c d)  maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries;

Amendment    34

Proposal for a regulation

Article 71 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Where programmes are grouped for the purpose of audits of operations pursuant to Article 73(2), the information required under paragraph (3)(b) may be grouped in a single report.

Where programmes are grouped for the purpose of audits of operations pursuant to Article 73(2), the information required under paragraph (3)(b) is grouped in a single report.

Justification

My view is that grouping of programmes and reports makes processes significantly simpler.

Amendment    35

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  2022: 0.5 %;

(b)  2022: 0.7 %;

Amendment    36

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  2023: 0.5 %;

(c)  2023: 1 %;

Amendment    37

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d)  2024: 0.5 %;

(d)  2024: 1.5 %;

Amendment    38

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e)  2025: 0.5 %;

(e)  2025: 2 %;

Amendment    39

Proposal for a regulation

Article 84 – paragraph 2 – subparagraph 1 – point f

Text proposed by the Commission

Amendment

(f)  2026: 0.5 %

(f)  2026: 2 %

Amendment    40

Proposal for a regulation

Article 91 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  the Member State has failed to take the necessary action in accordance with Article 15(6).

deleted

Amendment    41

Proposal for a regulation

Article 99 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3 a.  Any amount unequivocally decommitted following the procedure set out in Article 101 will be made available again in the Union budget through the Global Margin for Commitments (Union Reserve) in accordance with Article 12(1)(b) of the Council Regulation (EU, Euratom) No XXXX/20XX of {date} laying down the multiannual financial framework for the years 2021-2027. It will subsequently be mobilised by the European Parliament and the Council in the framework of the annual budgetary procedure.

Amendment    42

Proposal for a regulation

Article 100 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(b a)  in exceptional and duly justified cases, the Commission has concluded that it has not been possible to make a payment application due to procedural delays related to the late adoption and implementation of programming documents and relevant legislation at Union level.

Amendment    43

Proposal for a regulation

Article 103 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 330 624 388 630 in 2018 prices.

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 378 097 000 000 in 2018 prices (EUR 426 534 000 000 in current prices).

Justification

In line with the decision of the Conference of Presidents of 13 September 2018, the compromise amendment reflects the latest breakdown of the MFF per programme as proposed for adoption by the MFF Rapporteurs in view of the vote on the draft interim report on the proposal for a Council regulation on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement.

Amendment    44

Proposal for a regulation

Article 104 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Resources for the Investment for jobs and growth goal shall amount to 97.5 % of the global resources (i.e., a total of EUR 322 194 388 630) and shall be allocated as follows:

1.  Resources for the Investment for jobs and growth goal shall amount to 97 % of the global resources and shall be allocated as follows:

Justification

In line with the increase to reach 3% for the European territorial cooperation in article 104 paragraph 7

Amendment    45

Proposal for a regulation

Article 104 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  61.6 % (i.e a total of EUR 198 621 593 157) for less developed regions;

(a)  61.6 % for less developed regions;

Amendment    46

Proposal for a regulation

Article 104 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  14.3 % (i.e a total of EUR 45 934 516 595) for transition regions;

(b)  14.3 % for transition regions;

Amendment    47

Proposal for a regulation

Article 104 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  10.8 % (i.e., a total of EUR 34 842 689 000) for more developed regions;

(c)  10.8 % for more developed regions;

Amendment    48

Proposal for a regulation

Article 104 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  12.8 % (i.e., a total of EUR 41 348 556 877) for Member States supported by the Cohesion Fund;

(d)  12.8 % for Member States supported by the Cohesion Fund;

Amendment    49

Proposal for a regulation

Article 104 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  0.4 % (i.e., a total of EUR 1 447 034 001) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

(e)  0.4 % as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

Amendment    50

Proposal for a regulation

Article 104 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The amount of resources available for the ESF+ under the Investment for jobs and growth goal shall be EUR 88 646 194 590.

The amount of resources available for the ESF+ under the Investment for jobs and growth goal shall be EUR 105 686 000 000 in 2018 prices (EUR 119 222 000 000 in current prices).

Justification

In line with the decision of the Conference of Presidents of 13 September 2018, the compromise amendment reflects the latest breakdown of the MFF per programme as proposed for adoption by the MFF Rapporteurs in view of the vote on the draft interim report on the proposal for a Council regulation on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement.

Amendment    51

Proposal for a regulation

Article 104 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall be EUR 376 928 934.

The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall be EUR 424 296 054 in 2018 prices.

Amendment    52

Proposal for a regulation

Article 104 – paragraph 4 – subparagraph 5

Text proposed by the Commission

Amendment

30% of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].

deleted

Amendment    53

Proposal for a regulation

Article 104 – paragraph 4 – subparagraph 6

Text proposed by the Commission

Amendment

Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred to the CEF.

deleted

Amendment    54

Proposal for a regulation

Article 104 – paragraph 4 – subparagraph 7

Text proposed by the Commission

Amendment

As of 1 January 2024, resources transferred to the CEF which have not been committed to a transport infrastructure project shall be made available to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].

deleted

Amendment    55

Proposal for a regulation

Article 104 – paragraph 5

Text proposed by the Commission

Amendment

5.  EUR 500 000 000 of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.

5.  EUR 560 000 000 in 2018 prices of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.

Amendment    56

Proposal for a regulation

Article 104 – paragraph 6

Text proposed by the Commission

Amendment

6.  EUR 175 000 000 of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.

6.  EUR 196 000 000 in 2018 prices of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.

Amendment    57

Proposal for a regulation

Article 104 – paragraph 7

Text proposed by the Commission

Amendment

7.  Resources for the European territorial cooperation goal (Interreg) shall amount to 2.5 % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR 8 430 000 000).

7.  Resources for the European territorial cooperation goal (Interreg) shall amount to 3 % of the global resources available for budgetary commitment from the Funds for the period 2021-2027.

Amendment    58

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a)  70 % for the less developed regions;

(a)  85 % for the less developed regions;

Amendment    59

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  55 % for the transition regions;

(b)  60 % for the transition regions;

Amendment    60

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c)  40 % for the more developed regions.

(c)  50 % for the more developed regions.

Amendment    61

Proposal for a regulation

Article 106 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 70 %.

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 85 %.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

References

COM(2018)0375 – C8-0230/2018 – 2018/0196(COD)

Committee responsible

       Date announced in plenary

REGI

11.6.2018

 

 

 

Opinion by

       Date announced in plenary

BUDG

11.6.2018

Rapporteur

       Date appointed

Siegfried Mureşan

28.6.2018

Discussed in committee

24.9.2018

 

 

 

Date adopted

10.12.2018

 

 

 

Result of final vote

+:

–:

0:

23

3

2

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

23

+

ALDE

Nedzhmi Ali, Jean Arthuis

PPE

Richard Ashworth, Lefteris Christoforou, José Manuel Fernandes, Ingeborg Gräßle, Siegfried Mureşan, Jan Olbrycht, Paul Rübig, Petri Sarvamaa, Claudia Schmidt, Patricija Šulin, Inese Vaidere

S&D

Clara Eugenia Aguilera García, Eider Gardiazabal Rubial, Jens Geier, Karine Gloanec Maurin, John Howarth, Pina Picierno, Manuel dos Santos

Verts/ALE

Jordi Solé, Indrek Tarand, Monika Vana

3

-

EFDD

Marco Valli

ENF

André Elissen, Marco Zanni

2

0

GUE/NGL

Xabier Benito Ziluaga, Liadh Ní Riada

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

11.10.2018

POSITION IN THE FORM OF AMENDMENTS

of the Committee on Budgetary Control

for the Committee on Regional Development

on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

(COM(2018)0375 – C8‑0230/2018 – 2018/0196(COD))

On behalf of the Committee on Budgetary Control: Iris Hoffmann (rapporteur)

AMENDMENTS

The Committee on Budgetary Control presents the following amendments to the Committee on Regional Development, as the committee responsible:

Amendment    1

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(18a)  When selecting projects, it is necessary to ensure a result-driven approach; to this end, Member States should make a comparison of the applications for funding and evaluate the results on the basis of the relevant indicators included in the project. The selection of projects should be based on a direct comparison of applications, avoiding the use of the 'first come, first served' concept.

Amendment    2

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20)  Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.

(20)  Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal and after consulting the European Parliament. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.

Amendment    3

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27)  In order to examine the performance of the programmes, the Member State should set up monitoring committees. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.

(27)  In order to examine the performance of the programmes, the Member State should, in a transparent manner, set up monitoring committees. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.

Amendment    4

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35)  To enable immediate implementation of flat-rates, any flat rate established by Member States in the 2014-2020 period based on a fair, equitable and verifiable calculation method should continue to be applied for similar operations supported under this Regulation without requiring a new calculation method.

(35)  To enable immediate implementation of flat-rates, any flat rate established by Member States in the 2014-2020 period based on a fair, equitable and verifiable calculation method should continue to be applied for similar operations supported under this Regulation without requiring a new calculation method, albeit with due allowance made for inflation.

Amendment    5

Proposal for a regulation

Recital 45 a (new)

Text proposed by the Commission

Amendment

 

(45a)  For the purposes of fighting transnational fraud with respect to the programmes, a fast and efficient system should be established for exchanging information by means of mutual administrative assistance between competent authorities that will make it possible to cross-check accounting records for transactions between two or more Member States, thereby ensuring a horizontal and comprehensive approach to protecting the financial interests of Member States.

Amendment    6

Proposal for a regulation

Recital 52

Text proposed by the Commission

Amendment

(52)  A reduction of verifications and audit requirements should be possible where there is assurance that the programme has functioned effectively for the latest two consecutive years since this demonstrates that the Funds are being implemented effectively and efficiently over a prolonged period of time.

(52)  A reduction of verifications and audit requirements should be possible where there is assurance that the programme has functioned effectively for the latest two consecutive years since this demonstrates that the Funds are being implemented effectively and efficiently over a prolonged period of time, while retaining the possibility of random and unannounced checks.

Amendment    7

Proposal for a regulation

Recital 58

Text proposed by the Commission

Amendment

(58)  Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.

(58)  Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other irregular activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.

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18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

Amendment    8

Proposal for a regulation

Recital 70

Text proposed by the Commission

Amendment

(70)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(70)  It is of particular importance that the Commission carry out transparent and appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment    9

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Text proposed by the Commission

Amendment

(12)  'output indicator' means an indicator to measure the specific deliverables of the intervention;

(12)  'output indicator' means a qualitative or quantitative indicator to measure the specific deliverables of the intervention;

Amendment    10

Proposal for a regulation

Article 2 – paragraph 1 – point 13

Text proposed by the Commission

Amendment

(13)  'result indicator' means an indicator to measure the short term effects of the interventions supported, with particular reference to the direct addressees, population targeted or users of infrastructure;

(13)  'result indicator' means an qualitative or quantitative indicator to measure the short term effects of the interventions supported, with particular reference to the direct addressees, population targeted or users of infrastructure;

Amendment    11