Procedure : 2011/0273(COD)
Document stages in plenary
Document selected : A7-0280/2013

Texts tabled :

A7-0280/2013

Debates :

PV 19/11/2013 - 12
CRE 19/11/2013 - 12

Votes :

PV 20/11/2013 - 8.14

Texts adopted :

P7_TA(2013)0485

REPORT     ***I
PDF 683kWORD 1123k
24 July 2013
PE 487.789v05-00 A7-0280/2013

on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal

(COM(2011)0611 – C7-0326/2011 – 2011/0273(COD))

Committee on Regional Development

Rapporteur: Riikka Pakarinen

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Budgets
 OPINION of the Committee on Budgetary Control
 OPINION of the Committee on Transport and Tourism
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal

(COM(2011)0611 – C7-0326/2011 – 2011/0273(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0611),

–   having regard to Article 294(2) and Article 178 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0326/2011),

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

–   having regard to the opinion of the Committee of the Regions of 19 July 2012(1),

–   having regard to the opinion of the European Economic and Social Committee of 25 April 2012(2),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Regional Development and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Transport and Tourism (A7-0280/2013),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Article 176 of the Treaty provides that the European Regional Development Fund (ERDF) is intended to help to redress the main regional imbalances in the Union. In accordance with Article 174 of the Treaty, the ERDF contributes to reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions, among which particular attention should be paid to regions which suffer from severe and permanent natural or demographic handicaps such as island, cross-border and mountain regions.

(1) Article 176 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Regional Development Fund (ERDF) is intended to help to redress the main regional imbalances in the Union. Therefore, in accordance with this article and Article 174 TFEU, the ERDF should contribute to reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions, among which particular attention should be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions.

Amendment  2

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) The provisions common to the ERDF, the European Social Fund (the ‘Structural Funds’) and the Cohesion Fund (together with the ‘Structural Funds’: the ‘Funds’) are set out in Regulation (EU) No []/2012 of [] laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/200614 [Common Provisions Regulation - CPR]. Specific provisions concerning the type of activities which may be financed by the ERDF under the goals defined in that Regulation (EU) No /2012 of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No 1080/200615 [ERDF Regulation] are set out in that Regulation. Those Regulations are not fully adapted to the specific needs of the European territorial cooperation goal, where at least two Member States or one Member State and third countries cooperate. It is therefore necessary to lay down provisions specific to the European territorial cooperation goal concerning scope and geographical coverage, financial resources, investment priorities and concentration, programming, monitoring and review, technical assistance, financial support and eligibility, management, control and accreditation, and financial management.

(2) The provisions common to the ERDF, the European Social Fund and the Cohesion Fund are set out in Regulation (EU) No [...]/2012 of [...] laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund [Common Provisions Regulation - CPR]. Specific provisions concerning the type of activities which may be financed by the ERDF under the goals defined in Regulation (EU) No /2012 of the European Parliament and of the Council on the European Regional Development Fund and the Investment for growth and jobs goal [ERDF Regulation] are set out in that Regulation. Those Regulations are not fully adapted to the specific needs of the European territorial cooperation goal, where at least two Member States or one Member State and a third country cooperate. It is therefore necessary to lay down provisions specific to the European territorial cooperation goal concerning scope and geographical coverage, financial resources, investment priorities and concentration, programming, monitoring and review, technical assistance, financial support and eligibility, management, control and designation, and financial management.

Amendment  3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) To increase the value added of the Union's cohesion policy, the specific provisions should lead to considerable simplification on all levels involved: beneficiaries, programme authorities, participating Member States and third countries, as well as the Commission.

(3) To increase the value added of the Union's cohesion policy, the specific provisions should lead to considerable simplification for all those involved: beneficiaries, programme authorities, authorities in participating Member States at local, regional or national level, as appropriate, and third countries, as well as the Commission.

Amendment  4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Under the European territorial cooperation goal, the ERDF supports cross-border, transnational and interregional cooperation.

(4) Under the European territorial cooperation goal, the ERDF should support cross-border, transnational and interregional cooperation.

Amendment  5

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Cross-border cooperation should aim to tackle common challenges identified jointly in the border regions (such as poor accessibility, inappropriate business environment, lack of networks among local and regional administrations, research and innovation and take-up of information and communication technologies, environmental pollution, risk prevention, negative attitudes towards neighbouring country citizens) and exploit the untapped potentials in the border area (development of cross-border research and innovation facilities and clusters, cross-border labour market integration, cooperation among universities or health centres), while enhancing the cooperation process for the purpose of the overall harmonious development of the Union. In the case of any cross-border programme between Northern Ireland and the border counties of Ireland in support of peace and reconciliation, the ERDF shall also contribute to promoting social and economic stability in the regions concerned, notably by actions to promote cohesion between communities.

(5) Cross-border cooperation should aim to tackle common challenges identified jointly in the border regions (such as poor accessibility, especially in relation to ICT connectivity and transport infrastructure, declining local industries, inappropriate business environment, lack of networks among local and regional administrations, low levels of research and innovation and take-up of information and communication technologies, environmental pollution, risk prevention, negative attitudes towards neighbouring country citizens) and exploit the untapped potentials in the border area (development of cross-border research and innovation facilities and clusters, cross-border labour market integration, cooperation among education providers, including universities or between health centres), while enhancing the cooperation process for the purpose of the overall harmonious development of the Union. In the case of any cross-border programme between Northern Ireland and the border counties of Ireland in support of peace and reconciliation, the ERDF should also contribute to promoting social and economic stability in the regions concerned, notably by actions to promote cohesion between communities.

Amendment  6

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Interregional cooperation should aim to reinforce the effectiveness of cohesion policy by encouraging exchange of experience between regions to enhance design and implementation of operational programmes under the Investment for growth and jobs goal. It should, in particular, foster cooperation between innovative research-intensive clusters and exchanges between researchers and research institutions, based on ‘Regions of Knowledge’ and ‘Research potential in Convergence and Outermost regions’ under the Seventh Framework Programme for Research.

(7) Interregional cooperation should aim to reinforce the effectiveness of cohesion policy by encouraging exchange of experience between regions on thematic objectives and urban development, including urban-rural linkages, to improve implementation of territorial cooperation programmes and actions as well as promoting analysis of development trends in the area of territorial cohesion through studies, data collection and other measures. The exchange of experience on thematic objectives should enhance design and implementation principally of operational programmes under the Investment for growth and jobs goal but also, where appropriate, of programmes under the European Territorial Cooperation goal, including the fostering of mutually beneficial cooperation between innovative research-intensive clusters and exchanges between researchers and research institutions in both developed and less developed regions, taking into consideration the experience of ‘Regions of Knowledge’ and ‘Research potential in Convergence and Outermost regions’ under the Seventh Framework Programme for Research.

Amendment  7

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) Cross-border cooperation should support regions located on land or sea borders. Based on experience from previous programming periods, the Commission should be empowered to define the list of cross-border areas to receive support under cross-border cooperation programmes in a simpler way, by cooperation programme. In drawing up that list, the Commission should take into account adjustments needed to ensure coherence, in particular on land and maritime borders, and continuity of programme areas established for the 2007-2013 programming period. These adjustments may reduce or enlarge existing programme areas or the number of cross-border cooperation programmes, but may allow for geographical overlap.

(9) Cross-border cooperation should support regions located on land or sea borders. Based on experience from previous programming periods, the Commission should define the list of cross-border areas to receive support under cross-border cooperation programmes in a simpler way, by cooperation programme. In drawing up that list, the Commission should take into account adjustments needed to ensure coherence, in particular on land and maritime borders, and continuity of programme areas established for the 2007-2013 programming period. These adjustments may reduce or enlarge existing programme areas or the number of cross-border cooperation programmes, but may allow for geographical overlap.

Amendment  8

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development. The Commission should be empowered to define transnational cooperation areas.

(10) The Commission should [...] define transnational cooperation areas having regard to actions needed to promote integrated territorial development. In doing so the Commission should take into account the experience obtained in previous programmes and, where appropriate, macro-regional and sea-basin strategies.

Amendment  9

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) It is necessary to continue supporting or – where needed – to establish cross-border, transnational and interregional cooperation with the Union's neighbouring third countries, as this will benefit the regions of the Member States which border third countries. To that effect, the ERDF will contribute to the cross-border and sea basin programmes established under the European Neighbourhood Instrument (ENI) pursuant to Regulation (EU) No []/2012 and the Instrument for Pre-Accession (IPA) pursuant to Regulation (EU) No []/2012.

(12) It is necessary to continue supporting or – where needed – to establish cross-border, transnational and interregional cooperation with the Union's neighbouring third countries, as this important regional development policy tool will benefit the regions of the Member States which border third countries. To that effect, the ERDF will contribute to the cross-border and sea basin programmes established under the European Neighbourhood Instrument (ENI) pursuant to Regulation (EU) No [...]/2012and the Instrument for Pre-Accession Assistance (IPA) pursuant to Regulation (EU) No [...]/2012.

Amendment  10

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) For the benefit of the regions of the Union, a mechanism to organise support from the ERDF to external policy instruments such as ENI and IPA should be set up, including where external cooperation programmes cannot be adopted or have to be discontinued.

(13) For the benefit of the regions of the Union, a mechanism to organise support from the ERDF to external policy instruments such as ENI and IPA II should be set up, including where external cooperation programmes cannot be adopted or have to be discontinued. This mechanism should seek to achieve optimal functioning and the maximum possible coordination between these instruments.

Amendment  11

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Apart from interventions on external borders supported by external policy instruments of the Union covering border regions inside and outside the Union, there may be cooperation programmes supported by the ERDF that cover regions both inside and outside the Union where the regions outside the Union are not covered by external policy instruments, either because they are not a defined beneficiary country or because such external cooperation programmes cannot be set up. The Commission should therefore be empowered, when drawing up the lists of cross-border and transnational programme areas, to cover regions from third countries as well.

(14) Apart from interventions on external borders supported by external policy instruments of the Union covering border regions inside and outside the Union, there may be cooperation programmes supported by the ERDF that cover regions both inside and in certain cases outside the Union where the regions outside the Union are not covered by external policy instruments, either because they are not a defined beneficiary country or because such external cooperation programmes cannot be set up. It is necessary, however, to ensure that the financing of assistance from the ERDF for operations, implemented in the territory of third countries should serve primarily for the benefit of the regions of the Union. Within these constraints, the Commission should, when drawing up the lists of cross-border and transnational programme areas, cover regions from third countries as well.

Amendment  12

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) It is necessary to fix the resources allocated to each of the different components of the European territorial cooperation goal, while maintaining a significant concentration on cross-border cooperation and securing sufficient funding levels for outermost regions' cooperation.

(15) It is necessary to fix the resources allocated to each of the different components of the European territorial cooperation goal, while maintaining a significant concentration on cross-border cooperation, including each Member State's share of the global amounts for cross-border and transnational cooperation, the potential available to Member States concerning flexibility between those components, and securing sufficient funding levels for outermost regions' cooperation.

Amendment  13

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the Union. However, the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives, in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the Investment for growth and jobs and the European territorial cooperation goals.

(16) The major part of the ERDF funding for cross-border and transnational cooperation programmes should be concentrated on a limited number of thematic objectives in order to maximise the impact of cohesion policy across the Union. However, the concentration under interregional cooperation on thematic objectives should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives, in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy principally under the Investment for growth and jobs and also, where appropriate, the European territorial cooperation goals. For the other interregional cooperation programmes, the concentration should follow from their specific scope.

Amendment  14

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) In order to deliver on the targets and objectives of smart, sustainable and inclusive growth set out in the Europe 2020 strategy, the ERDF should contribute under the European territorial cooperation goal to the thematic objectives of developing an economy based on knowledge, research and innovation, promoting a greener, more resource-efficient and competitive economy, fostering high employment that delivers social and territorial cohesion, and developing administrative capacity. However, the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the European territorial cooperation goal, in particular by allowing for the continuation under cross-border cooperation of legal and administrative cooperation and cooperation between citizens and institutions, of cooperation in the fields of employment, training and social inclusion in a cross-border perspective, by allowing for the continuation under transnational cooperation of maritime cross-border cooperation not covered by cross-border cooperation programmes, and by the development and implementation of macro-regional and sea-basin strategies.

(17) In order to deliver on the targets and objectives of smart, sustainable and inclusive growth set out in the Europe 2020 strategy, the ERDF should contribute under the European territorial cooperation goal to the thematic objectives of developing an economy based on knowledge, research and innovation, including through the fostering of cooperation between businesses, particularly between SMEs, and through the promotion of the establishment of systems for cross-border information exchange in the area of ICT; promoting a greener, more resource-efficient and competitive economy, including through the promotion of sustainable cross-border mobility; fostering high employment that delivers social and territorial cohesion, including through activities supporting sustainable tourism, culture and natural heritage as part of a territorial strategy with a view to achieving employment friendly growth; and developing administrative capacity. However, the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the European territorial cooperation goal, in particular by allowing for the continuation under cross-border cooperation of legal and administrative cooperation and cooperation between citizens and institutions, of cooperation in the fields of employment, training, integration of communities and social inclusion in a cross-border perspective, by allowing for the continuation under transnational cooperation of maritime cross-border cooperation not covered by cross-border cooperation programmes, and by the development and coordination of macro-regional and sea-basin strategies. In addition, specific or additional investment priorities should be set out for certain interregional cooperation programmes to capture their specific activities.

Amendment  15

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

 

(17 a) Within the thematic objective of promoting social inclusion and combating poverty and taking into account its practical importance, it is necessary to ensure that in the case of any cross-border programme between Northern Ireland and the border counties of Ireland in support of peace and reconciliation, the ERDF should also contribute to promote social and economic stability in the regions concerned, notably by actions to promote cohesion between communities. The specificities of the above-mentioned cross-border programme with Northern Ireland should also justify that certain rules on selection of operation in this Regulation should not apply to that cross-border programme.

Amendment  16

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) It is necessary to adapt the content requirements of cooperation programmes under the European territorial cooperation goal to their specific needs. Therefore they also need to cover aspects necessary for effective implementation on the territory of participating Member States, such as the bodies responsible for audit and control, the procedure to set up a joint secretariat, and the allocation of liabilities in case of financial corrections. In addition, due to the horizontal character of interregional cooperation programmes, the content of such cooperation programmes should be adapted, especially as regards the definition of the beneficiary or beneficiaries under the current INTERACT and ESPON programmes.

(18) It is necessary to adapt the content requirements of cooperation programmes under the European territorial cooperation goal to their specific needs. Therefore they should also cover aspects necessary for effective implementation on the territory of participating Member States, such as the bodies responsible for audit and control, the procedure to set up a joint secretariat, and the allocation of liabilities in case of financial corrections. Where Member States and regions participate in macro-regional and sea-basin strategies, the cooperation programmes concerned should set out how interventions could contribute towards such strategies. In addition, due to the horizontal character of interregional cooperation programmes, the content of such cooperation programmes should be adapted, especially as regards the definition of the beneficiary or beneficiaries under the current INTERACT and ESPON programmes.

Amendment  17

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(18a) It is appropriate to involve third countries or territories already in the preparatory process of cooperation programmes, when they have accepted the invitation to participate in such programmes, for which purpose special procedures should be established in the Regulation. By way of derogation of the standard procedure, when cooperation programmes involve outermost regions and third countries, the participating Member States should consult the respective third countries before submitting the programmes to the Commission. In order to make the involvement of third countries in cooperation programmes more effective and pragmatic, the agreements to the contents of the cooperation programmes and the possible contribution of the third countries should be also made possible to be expressed in the formally approved minutes of the consultation meetings with the third countries or of the deliberations of the regional cooperation organisations.

 

Concerning the approval procedure of the operational programmes, and taking into account the principles of shared management and of simplification, the Commission should approve only the core elements of the cooperation programmes, the other elements should be approved by the participating Member State or States. For the sake of legal certainty and transparency, it is necessary set out a provision requiring that in cases where the participating Member State or States amends an element of a cooperation programme, not subject to the Commission decision, that the managing authority of that Member State should notify such an amendment to the Commission within one month of the date of the decision.

Amendment  18

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Consistent with the goal of smart, sustainable and inclusive growth, the Structural Funds should provide a more integrated and inclusive approach to tackling local problems. In order to strengthen this approach, support from the ERDF support in border regions should be coordinated with support from the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund(EMFF) and should, where appropriate, involve European groupings of territorial cooperation set up under Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) where local development figures among their objectives.

(19) Consistent with the Union Strategy for smart, sustainable and inclusive growth, the European Structural and Investment Funds should provide a more integrated and inclusive approach to tackling local problems. In order to strengthen this approach, support from the ERDF support in border regions should be coordinated with support from the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund(EMFF) and should, where appropriate, involve European groupings of territorial cooperation set up under Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) where local development figures among their objectives.

Amendment  19

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Based on the experience from the 2007-13 programming period, the conditions for the selection of operations should be clarified and strengthened in order to ensure selection of only genuinely joint operations. The notion of sole beneficiaries should be defined and it should be clarified that they are permitted to carry out cooperation operations by themselves.

(20) Based on the experience from the 2007-2013 programming period, the conditions for the selection of operations should be clarified and strengthened in order to ensure selection of only genuinely joint operations. Due to the particular context and specificities of cooperation programmes between outermost regions and third countries or territories, lightened cooperation conditions in terms of processing operations under those programmes should be established and adapted. The notion of sole beneficiaries should be defined and it should be clarified that they are permitted to carry out cooperation operations by themselves.

Amendment  20

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22 a) In accordance with Article 49 of Regulation (EU) No [...]/2013 [CPR] the managing authority should ensure that evaluations of cooperation programmes are carried out including evaluations to assess effectiveness, efficiency and impact on the basis of the evaluation plan. At least once during the programming period, an evaluation should assess how the support provided has contributed to the achievement of objectives of the programme. These evaluations should inform about any proposed adjustments during the programming period.

Amendment  21

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) A common set of indicators to assess progress of programme implementation adapted to the specific character of cooperation programmes should be set out before the Member States draft their cooperation programmes. These indicators should be complemented by programme-specific indicators.

(23) A common set of output indicators to facilitate the assessment of the progress of programme implementation, adapted to the specific character of cooperation programmes, should be set out before the Member States draft their cooperation programmes. Those indicators should be complemented by programme-specific result indicators and, where relevant, by programme specific output indicators.

Amendment  22

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Due to the involvement of more than one Member State and the resulting higher administrative costs, in particular in respect of controls and translation, the ceiling for technical assistance expenditure should be higher than under the Investment for growth and jobs goal. In addition, cooperation programmes with limited ERDF support should receive a certain minimum amount to ensure sufficient funding for effective technical assistance activities.

(24) Due to the involvement of more than one Member State and the resulting higher administrative costs, in particular in respect of controls and translation, the ceiling for technical assistance expenditure should be higher than under the Investment for growth and jobs goal. In order to offset these higher costs Member States should be encouraged wherever possible to reduce administrative burdens with regard to the implementation of joint projects. In addition, cooperation programmes with limited ERDF support should receive a certain minimum amount for technical assistance which may be greater than 6%, to ensure sufficient funding for effective technical assistance activities.

Amendment  23

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Due to the involvement of more than one Member State, the general rule laid down in the Regulation (EU) No []/2012 [CPR] that each Member State adopts its national eligibility rules is not appropriate for the European territorial cooperation goal. Based on experience from the 2007-13 programming period, a clear hierarchy of eligibility rules should be established with a strong move towards joint eligibility rules.

(25) Due to the involvement of more than one Member State, the general rule laid down in the Regulation (EU) No [...]/2012 [CPR] that each Member State adopts its national eligibility rules is not appropriate for the European territorial cooperation goal. Based on experience from the 2007-2013 programming period, a clear hierarchy of eligibility rules should be established with a strong move towards joint eligibility rules to avoid any possible contradictions or inconsistencies between different Regulations and between Regulations and national rules. In particular, the Commission should, based on experience from the 2007-2013 programming period, adopt joint eligibility rules, based on cost categories laid down in this Regulation.

Amendment  24

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Due to the frequent involvement of staff from more than one Member State in the implementation of operations, and given the number of operations for which staff costs is a significant element, a flat-rate for costs covering staff should be applied to the other direct costs of cooperation operations, thus avoiding individual accounting for the management of such operations.

(26) Due to the frequent involvement of staff from more than one Member State in the implementation of operations, and given the number of operations for which staff costs is a significant element, a flat-rate for staff costs should be applied to the other direct costs of cooperation operations, thus avoiding individual accounting for the management of such operations.

Amendment  25

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) The rules on flexibility concerning the location of operations outside the programme area should be simplified. In addition, it is necessary to support effective cross-border, transnational and interregional cooperation with the Union's neighbouring third countries where this is necessary to ensure that the regions of the Member States which border third countries can be effectively assisted in their development. Accordingly, it is appropriate to authorise on an exceptional basis and under certain conditions the financing of assistance from the ERDF for operations located on the territory of third countries where the operations are for the benefit of the regions of the Union.

(27) The rules on flexibility concerning the location of operations outside the programme area should be simplified. In addition, it is necessary to support and facilitate, through specific arrangements, effective cross-border, transnational and interregional cooperation with the Union's neighbouring third countries where this is necessary to ensure that the regions of the Member States which border third countries are effectively assisted in their development. Accordingly, it is appropriate to authorise on an exceptional basis and under certain conditions the financing of assistance from the ERDF for operations located on the territory of neighbouring third countries where those operations are for the benefit of the regions of the Union.

Amendment  26

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Member States should be encouraged to confer the task of the managing authority on an EGTC or to make such a grouping responsible for managing the part of a cooperation programme covering the territory concerned by the EGTC.

(28) Member States should be encouraged to confer the task of the managing authority on an EGTC or to make such a grouping responsible for managing the part of a cooperation programme covering the territory concerned by that EGTC.

Amendment  27

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) The managing authority should set up a joint secretariat which should provide information to applicants for support, deal with project applications and assist beneficiaries in implementing their operations.

(29) The managing authority should set up a joint secretariat which should, among other tasks, provide information to applicants for support, deal with project applications and assist beneficiaries in implementing their operations.

Amendment  28

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) Managing authorities should be responsible for all functions of the managing authority listed in Article 114 of Regulation (EU) No […]/2012 [CPR], including for management verifications in order to ensure uniform standards across the whole programme area. However, where an EGTC is designated as managing authority, it should be authorised to carry out such verifications, as all participating Member States are represented in its organs. Even where no EGTC is designated, the managing authority should be authorised by the participating Member States to carry out verifications on the whole programme area.

(30) Managing authorities should be responsible for all functions listed in Article 114 of Regulation (EU) No […]/2012 [CPR], including for management verifications in order to ensure uniform standards across the whole programme area. However, where an EGTC is designated as managing authority, such verifications should be carried out by or under the responsibility of the managing authority at least for those Member States and third countries from which there are members participating in the EGTC, while controllers should only be used in the remaining Member States and third countries. Even where no EGTC is designated, the managing authority should be authorised by the participating Member States to carry out verifications on the whole programme area.

Amendment  29

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission

Amendment

 

(30 a) Certifying Authorities should be responsible for all functions of the certifying authority listed in Article 115 of Regulation (EU) No [...]/2013 [CPR]. The Member State may designate the Managing Authority to carry out the functions of the Certifying Authority.

Amendment  30

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) A single audit authority should be responsible for carrying out all functions listed in Article 116 of Regulation (EU) No []/2012 [CPR] in order to ensure uniform standards across the whole programme area. Where this is not possible, a group of auditors should be able to assist the programme audit authority.

(31) A single audit authority should be responsible for carrying out all functions devolved upon them under Regulation (EU) No [...]/2012 [CPR] in order to ensure uniform standards across the whole programme area. Where this is not possible, a group of auditors should be able to assist the programme audit authority.

Amendment  31

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission

Amendment

 

(31 a) In order to strengthen the Union's economic, social and territorial cohesion and to reinforce effectiveness of its cohesion policy, third countries are allowed to participate through contribution of IPA and ENI resources in transnational and interregional cooperation programmes. Operations, co-financed under such programmes should, however, continue pursuing cohesion policy objectives, even if they are implemented, partly or in their entirety, outside the territory of the Union. In this context contribution to the objectives of the Union's external action remains merely incidental, as the centre of gravity of cooperation programmes should be determined by thematic objectives and investment priorities of the cohesion policy. In order to ensure effective participation of third countries in cooperation programmes, managed in accordance with shared management principle, programme implementation conditions should be set out in the cooperation programmes themselves and also, where necessary, in financing agreements, concluded between the Commission, the Governments of each of the third country and the Member State hosting the managing authority of the relevant cooperation programme. The programme implementation conditions should be consistent with the provisions of applicable Union law and, where appropriate, with those provisions of the national law of the participating Member States relating to its application.

Amendment  32

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) A clear chain of financial liability in respect of recovery for irregularities should be established, from beneficiaries to lead beneficiary to the managing authority to the Commission. Provision should be made for liability of Member States where no recovery can be obtained.

(32) A clear chain of financial liability in respect of recovery for irregularities should be established, from beneficiaries to lead beneficiary to the managing authority to the Commission. Provision should be made for liability of Member States where no recovery may be obtained.

Amendment  33

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) Based on the experience from the 2007-2013 programming period, an explicit derogation should be established for the conversion of expenditure incurred in a currency other than the euro, by applying the conversion rate at a date as close to the point in time of the expenditure as possible. Financing plans, reports and accounts concerning joint cooperation operations should in any event only be submitted in euro to the joint secretariat, the programme authorities and the monitoring committee. The correctness of conversion should be verified.

(33) Based on the experience from the 2007-2013 programming period, an explicit derogation should be established for the conversion of expenditure incurred in a currency other than the euro, by applying the monthly conversion rate at a date as close to the point in time of the expenditure as possible or in the month in which the expenditure was submitted for verification. Financing plans, reports and accounts concerning joint cooperation operations should only be submitted in euro to the joint secretariat, the programme authorities and the monitoring committee. The correctness of conversion should be verified.

Amendment  34

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Having regard to the difficulties and delays experienced in setting up genuinely joint programme structures, the timeframe for justifying payments in respect of budget commitments under the European territorial cooperation goal should be three years following the year of the budget commitment.

deleted

Amendment  35

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) It is necessary to clarify the applicable rules concerning financial management, programming, monitoring, evaluation and control regarding the participation of third countries in transnational and interregional cooperation programmes. Those rules should be established in the relevant cooperation programme and/or the relevant financing agreement between the Commission, each of the third countries and the Member State hosting the managing authority of the relevant cooperation programme.

deleted

Amendment  36

Proposal for a regulation

Recital 35 a (new)

Text proposed by the Commission

Amendment

 

(35 a) In order to strengthen the better co-ordination of ERDF financing for cooperation programmes, adopted under this Regulation, involving the outermost regions with possible complementary financing from the European Development Fund (EDF), ENI, IPA, and with the European Investment Bank (EIB), Member States and third countries or territories participating in such cooperation programmes should set out coordination mechanisms in accordance with those cooperation programmes.

Amendment  37

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) In order to set out specific eligibility rules, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the content and scope set out in Article 17. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(36) In order to set out specific rules for eligibility of expenditure, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of specific rules on eligibility of expenditure for cooperation programmes. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment  38

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

 

(37 a) Nevertheless, this Regulation should not affect either the continuation or modification of assistance approved by the Commission on the basis of Regulation (EC) No 1080/2006 or any other legislation applying to that assistance on 31 December 2013, which should consequently apply thereafter to that assistance or the projects concerned until their closure. Applications to receive assistance made under Regulation (EC) No 1080/2006 should therefore remain valid.

Amendment  39

Proposal for a regulation

Recital 37 b (new)

Text proposed by the Commission

Amendment

 

(37 b) Since the economic, social and territorial cohesion objectives cannot be sufficiently achieved by the Member States by reason of the extent of the disparities between the levels of development of the various regions and the backwardness of the least favoured regions and the limit on the financial resources of the Member States and regions and can therefore 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 Treaty on European Union. 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  40

Proposal for a regulation

Article 1 – paragraph 2 –subparagraph 2

Text proposed by the Commission

Amendment

It also lays down the provisions necessary to ensure effective implementation, financial management and control of operational programmes under the European territorial cooperation goal (cooperation programmes), including when third countries participate in such cooperation programmes.

It also lays down the provisions necessary to ensure effective implementation, monitoring, financial management and control of operational programmes under the European territorial cooperation goal ('cooperation programmes'), including when third countries participate in such cooperation programmes.

Amendment  41

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

Article 2

Article 2

Components of the European territorial cooperation goal

Components of the European territorial cooperation goal

Under the European territorial cooperation goal, the ERDF shall support:

Under the European territorial cooperation goal, the ERDF shall support the following components:

(1) cross-border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more Member States or between neighbouring border regions from at least one Member State and one third country on external borders of the Union other than those covered by programmes under the external financial instruments of the Union;

(1) cross-border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more Member States or between neighbouring border regions from at least one Member State and one third country on external borders of the Union other than those covered by programmes under the external financial instruments of the Union;

(2) transnational cooperation over larger transnational territories, involving national, regional and local authorities and also covering maritime cross-border cooperation in cases not covered by cross-border cooperation, with a view to achieving a higher degree of territorial integration of those territories, thus contributing to territorial cohesion across the Union;

(2) transnational cooperation over larger transnational territories, involving national, regional and local partners and also covering maritime cross-border cooperation in cases not covered by cross-border cooperation, with a view to achieving a higher degree of territorial integration of those territories;

(3) interregional cooperation to reinforce the effectiveness of cohesion policy by promoting:

(3) interregional cooperation to reinforce the effectiveness of cohesion policy by promoting:

(a) exchange of experience on thematic objectives among partners throughout the Union on the identification and dissemination of good practice with a view to its transfer to operational programmes under the Investment for growth and jobs goal;

(a) exchange of experience focusing on thematic objectives among partners throughout the Union, including in relation to the development of regions referred to in Article 174 of the Treaty of the Functioning of the European Union on the identification and dissemination of good practice with a view to its transfer principally to operational programmes under the Investment for growth and jobs goal but also, where relevant, to programmes under the European Territorial Cooperation goal;

(b) exchange of experience concerning the identification, transfer and dissemination of good practice on sustainable urban and rural development;

(b) exchange of experience concerning the identification, transfer and dissemination of good practice on sustainable urban development, including urban-rural linkages;

(c) exchange of experience concerning the identification, transfer and dissemination of good practice and innovative approaches in relation to actions concerning territorial cooperation and to the use of EGTCs;

(c) exchange of experience concerning the identification, transfer and dissemination of good practice and innovative approaches in relation to the implementation of territorial cooperation programmes and actions as well as to the use of EGTCs;

(d) analysis of development trends in relation to the aims of territorial cohesion and harmonious development of the European territory through studies, data collection and other measures.

(d) analysis of development trends in relation to the aims of territorial cohesion, including territorial aspects of economic and social cohesion, and harmonious development of the European territory through studies, data collection and other measures.

Amendment  42

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

Article 3

Article 3

Geographical coverage

Geographical coverage

1. For cross-border cooperation, the regions to be supported shall be the NUTS level 3 regions of the Union along all internal and external land borders other than those covered by programmes under the external financial instruments of the Union, and all NUTS level 3 regions of the Union along maritime borders separated by a maximum of 150 km, without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007-2013 programming period.

1. For cross-border cooperation, the regions to be supported shall be the NUTS level 3 regions of the Union along all internal and external land borders other than those covered by programmes under the external financial instruments of the Union, and all NUTS level 3 regions of the Union along maritime borders separated by a maximum of 150 km, without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007-2013 programming period.

The Commission shall adopt the list of cross-border areas to receive support, broken down by cooperation programme, by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

The Commission shall adopt a decision, by means of implementing acts, on the list of cross-border areas to receive support, broken down by cooperation programme. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

That list shall also specify those NUTS level 3 regions in the Union taken into account for the ERDF allocation to cross-border cooperation on all internal and those external borders covered by the external financial instruments of the Union, such as ENI pursuant to Regulation (EU) No […]/2012 [the ENI Regulation] and IPA pursuant to Regulation (EU) No […]/2012 the IPA Regulation].

That list shall also specify those NUTS level 3 regions in the Union taken into account for the ERDF allocation to cross-border cooperation on all internal and those external borders covered by the external financial instruments of the Union, such as ENI pursuant to Regulation (EU) No […]/2012 [the ENI Regulation] and IPA pursuant to Regulation (EU) No […]/2012 the IPA Regulation].

When submitting draft cross-border cooperation programmes, Member States may request that additional NUTS level 3 regions adjacent to those listed in the decision referred to in the second subparagraph are added to a given cross-border area and shall give reasons for the request.

When submitting draft cross-border cooperation programmes, Member States, in duly justified cases, and, in order to ensure the coherence of cross border areas, may request that additional NUTS level 3 regions are included to those listed in the decision referred to in the second subparagraph. At the request of those Member States concerned, in order to facilitate cross border cooperation on maritime borders for outermost regions, and without prejudice to the provisions of the first subparagraph, the Commission may include in the decision referred to in the second subparagraph as cross border areas which may receive support from the corresponding allocation of those Member States, NUTS level 3 regions in outermost regions along maritime borders separated by more than 150 km.

2. Without prejudice to Article 19(2) and (3), cross-border cooperation programmes may cover regions from Norway, Switzerland, Liechtenstein, Andorra, Monaco and San Marino and third countries or territories neighbouring outermost regions.

2. Without prejudice to Article 19(2) and (3), cross-border cooperation programmes may cover regions from Norway, Switzerland, Liechtenstein, Andorra, Monaco and San Marino and third countries or territories neighbouring outermost regions.

Such regions shall be NUTS level 3 equivalent regions.

Such regions shall be NUTS level 3 equivalent regions.

3. For transnational cooperation, the Commission shall adopt the list of transnational areas to receive support, broken down by cooperation programme and covering NUTS level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes, by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

3. For transnational cooperation, the Commission shall adopt a decision, by means of implementing acts, on the list of transnational areas to receive support, broken down by cooperation programme and covering NUTS level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes, taking account of macro-regional and sea-basin strategies, where appropriate. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

When submitting draft transnational cooperation programmes, Member States may request that additional NUTS level 2 regions adjacent to those listed in the decision referred to in the first subparagraph are added to a given transnational cooperation area and shall give reasons for the request.

When submitting draft transnational cooperation programmes, Member States may request that additional NUTS level 2 regions adjacent to those listed in the decision referred to in the first subparagraph are added to a given transnational cooperation area and shall give reasons for the request.

4. Without prejudice to Article 19(2) and (3), transnational cooperation programmes may cover regions from the following third countries or territories:

4. Without prejudice to Article 19(2) and (3), transnational cooperation programmes may cover regions from the following third countries or territories:

(a) the third countries or territories listed or referred to in paragraph 2; and

(a) the third countries or territories listed or referred to in paragraph 2; and

(b) the Faroe Islands and Greenland.

(b) the Faroe Islands and Greenland.

Without prejudice to Article 19(2) and (3), transnational cooperation programmes may also cover regions from third countries covered by the external financial instruments of the Union, such as ENI pursuant to Regulation (EU) No […]/2012, including the relevant regions of the Russian Federation, and IPA pursuant to Regulation (EU) No […]/2012. Annual appropriations corresponding to the support of the ENI and IPA to these programmes will be made available, provided that the programmes adequately address the relevant external cooperation objectives.

Without prejudice to Article 19(2) and (3), transnational cooperation programmes may also cover regions from third countries covered by the external financial instruments of the Union, such as ENI pursuant to Regulation (EU) No […]/2012, including the relevant regions of the Russian Federation, and IPA pursuant to Regulation (EU) No […]/2012. Annual appropriations corresponding to the support of the ENI and IPA to these programmes will be made available, provided that the programmes adequately address the relevant external cooperation objectives.

Such regions shall be NUTS level 2 regions or equivalent regions.

Such regions shall be NUTS level 2 equivalent regions.

5. For interregional cooperation, support from the ERDF shall cover the entire territory of the Union.

5. For interregional cooperation, support from the ERDF shall cover the entire territory of the Union.

Without prejudice to Article 19(2) and (3), interregional cooperation programmes may cover the whole or part of the territory of third countries referred to in paragraph 4(a) and (b).

Without prejudice to Article 19(2) and (3), interregional cooperation programmes may cover the whole or part of the territory of third countries referred to in paragraph 4(a) and (b).

6. For information purposes, regions of third countries or territories referred to in paragraphs 2 and 4 shall be mentioned in the lists referred to in paragraphs 1 and 3.

6. For information purposes, regions of third countries or territories referred to in paragraphs 2 and 4 shall be mentioned in the lists referred to in paragraphs 1 and 3.

 

6 a. In duly justified cases, to increase the efficiency of programme implementation, the outermost Regions may combine in a single programme for territorial cooperation, the amounts of the ERDF allocated for cross-border and transnational cooperation as referred to in the paragraphs above, including the additional allowance of Article 4(2), respecting the applicable rules for each of these allocations.

Amendment  43

Proposal for a regulation

Article 4

Text proposed by the Commission

Amendment

Article 4

Article 4

Resources for European territorial cooperation

Resources for European territorial cooperation1

1. Resources for the European territorial cooperation goal shall amount to 3,48 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 and set out in Article 83(1) of Regulation (EU) No[…/2012 [CPR] (i.e., a total of EUR 11 700 000 004) and shall be allocated as follows:

1. Resources for the European territorial cooperation goal shall amount to 7 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 and set out in Article 83(1) of Regulation (EU) No[…/2012 [CPR] (i.e., a total of EUR XX XXX XXX XXX2) and shall be allocated as follows:

(a) 73,24 % (i.e., a total of EUR 8 569 000 003) for cross-border cooperation;

(a) 74,05 % (i.e., a total of EUR X XXX XXX XXX3) for cross-border cooperation;

(b) 20,78 % (i.e., a total of EUR 2 431 000 001) for transnational cooperation;

(b) 20,36 % (i.e., a total of EUR X XXX XXX XXX4) for transnational cooperation;

(c) 5,98 % (i.e., a total of EUR 700 000 000) for interregional cooperation.

(c) 5,59 % (i.e., a total of EUR XXX XXX XXX55) for interregional cooperation.

2. Cooperation programmes involving the outermost regions shall receive not less than 150% of the ERDF support they received in the 2007-2013 period. In addition, EUR 50 000 000 from the allocation for interregional cooperation shall be set aside for outermost regions' cooperation. Concerning thematic concentration, Article 5 (b) applies to this additional allocation.

2. The outermost regions shall be allocated for programmes under the ETC goal not less than 150% of the ERDF support they received in the 2007-2013 period for cooperation programmes. In addition, EUR 50 000 000 from the allocation for interregional cooperation shall be set aside for outermost regions' cooperation. Concerning thematic concentration, Article 5 (1) applies to this additional allocation.

3. The Commission shall adopt a single decision setting out the list of all cooperation programmes and indicating the amounts of the total ERDF support per programme and of the 2014 allocation per programme by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

3. The Commission shall communicate to each Member State its share of the global amounts for cross-border and transnational cooperation as referred to in paragraph 1 (a) and (b), broken down by year. Population in the areas referred to in the 2nd sub-paragraph of Article 3(1) and the 1st sub-paragraph of Article 3(3) shall be used as the criterion for this breakdown by Member State.

Population in the areas referred to in the 3rd sub-paragraph of Article 3(1) and the first sub-paragraph of Article (3)(3) shall be used as the criterion for the annual breakdown by Member State.

Based on the amounts communicated, each Member State shall inform the Commission whether and how it has used the transfer possibility provided for in Article 4bis and the resulting distribution of funds among the cross-border and transnational programmes the Member State participates in. The Commission shall, on the basis of the information provided by Member States, adopt a decision setting out a list of all cooperation programmes and indicating the global amount of the total ERDF support for each programme by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30 (2).

4. The support from the ERDF to cross-border and sea-basin programmes under ENI and to the cross-border programmes under IPA shall be established by the Commission and the Member States concerned.

4. The contribution from the ERDF to cross-border and sea-basin programmes under ENI and to the cross-border programmes under IPA shall be established by the Commission and the Member States concerned. The ERDF contribution established for each Member State shall not subsequently be reallocated between the Member States concerned.

5. Support from the ERDF to each cross-border and sea-basin programme under ENI and IPA shall be granted provided that at least equivalent amounts are provided by ENI and IPA. This equivalence shall be subject to a maximum amount set out in the ENI Regulation or the IPA Regulation.

5. Support from the ERDF to each cross-border and sea-basin programme under ENI and IPA shall be granted provided that at least equivalent amounts are provided by ENI and IPA. This equivalence shall be subject to a maximum amount set out in the ENI Regulation or the IPA Regulation.

6. The annual appropriations corresponding to the support from the ERDF to programmes under ENI and IPA shall be entered in the relevant budget lines of those instruments with the 2014 budgetary exercise.

6. The annual appropriations corresponding to the support from the ERDF to programmes under ENI and IPA shall be entered in the relevant budget lines of those instruments with the 2014 budgetary exercise.

7. In 2015 and 2016, the annual contribution from the ERDF to the programmes under ENI and IPA for which no programme has been submitted to the Commission by 30 June under the cross-border and sea-basin programmes under ENI and IPA shall be allocated to the internal cross-border cooperation programmes under paragraph 1(a) in which the Member State concerned participates.

7. In 2015 and 2016, the annual contribution from the ERDF to the programmes under ENI and IPA for which no programme has been submitted to the Commission by 30 June under the cross-border and sea-basin programmes under ENI and IPA, and which has not been re-allocated to another programme submitted under the same category of external cooperation programmes, shall be allocated to the internal cross-border cooperation programmes under paragraph 1(a) in which the Member State(s) concerned participate.

If by 30 June 2017, there are still programmes under the cross-border and sea-basin programmes under ENI and IPA which have not been submitted to the Commission, the entire support from the ERDF mentioned in paragraph 4 for the remaining years up to 2020 shall be allocated to the internal cross-border cooperation programmes under paragraph 1(a) in which the Member State concerned participates.

If by 30 June 2017, there are still programmes under the cross-border and sea-basin programmes under ENI and IPA which have not been submitted to the Commission, the entire support from the ERDF mentioned in paragraph 4 for the remaining years up to 2020, which has not been reallocated to another adopted programme under the same category of external cooperation programmes, shall be allocated to the internal cross-border cooperation programmes under paragraph 1(a) in which the Member State concerned participates.

8. Cross-border and sea basin programmes referred to in paragraph 4 that have been adopted by the Commission shall be discontinued if:

8. Cross-border and sea basin programmes referred to in paragraph 4 that have been adopted by the Commission shall be discontinued, or the allocation to the programme shall be reduced, in accordance with the applicable rules and procedures, in particular, if

(a) none of the partner countries covered by the programme have signed the relevant financing agreement by the deadline established in Regulation (EU) No./2012 [the ENI regulation] or Regulation (EU) No. /2012 [IPA]; or

(a) none of the partner countries covered by the programme have signed the relevant financing agreement by the deadline established in Regulation (EU) No./2012 [the ENI regulation] or Regulation (EU) No. /2012 [IPA]; or

(b) the programme cannot be implemented owing to problems arising in relations between the participating countries.

(b) the programme cannot be implemented as planned owing to problems arising in relations between the participating countries.

In such event, the support from the ERDF mentioned in paragraph 4 corresponding to annual instalments not yet committed shall be allocated to the internal cross-border cooperation programmes under paragraph 1(a) in which the Member State concerned participates, at its request.

In such event, the support from the ERDF mentioned in paragraph 4 corresponding to annual instalments not yet committed, or annual instalments committed and de-committed totally or partially during the same budgetary year, which have not been re-allocated to another programme of the same category of external cooperation programmes, shall be allocated to the internal cross-border cooperation programmes under paragraph 1(a) in which the Member State concerned participates, at its request.

 

8 a. The Commission shall provide an annual summary of the financial implementation of cross-border and sea-basin programmes under ENI and of cross-border programmes under IPA to which the ERDF contributes in accordance with this Article to the Committee established under Article 143 of Regulation (EU) No .../2013 [CPR].

 

__________

 

1 Budget figures to be inserted once agreement is reached on Multi Annual Financial Framework 2014-2020 and on CPR Article 84

 

2 3 4 5 the figures are subject to the global resources available for the Cohesion policy during the period 2014 to 2020

Amendment  44

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

 

Article 4 a

 

Each Member States may transfer up to 15% of its financial allocation of one of the components referred to in Article 4 paragraph 1 (a) and (b) to the other.

Amendment  45

Proposal for a regulation

Article 5

Text proposed by the Commission

Amendment

Article 5

Article 5

Thematic concentration

Thematic concentration

The thematic objectives referred to in Article 9 of Regulation (EU) No []/2012 [the CPR] shall be concentrated as follows:

1. At least 80% of the ERDF allocation to each cross-border cooperation and transnational programme shall be concentrated on up to 4 thematic objectives set out in Article 9 of Regulation (EU) No [...]/2012 [the CPR];

(a) up to 4 thematic objectives shall be selected for each cross-border cooperation programme;

 

(b) up to 4 thematic objectives shall be selected for each transnational cooperation programme;

 

(c) all thematic objectives may be selected for interregional cooperation programmes pursuant to Article 2(3)(a).

2. All thematic objectives may be selected for interregional cooperation programmes pursuant to Article 2(3)(a).

Amendment  46

Proposal for a regulation

Article 6 – introductory part

Text proposed by the Commission

Amendment

In addition to Article 5 of Regulation (EU) No […]/2012 [the ERDF Regulation], the ERDF shall support the sharing of human resources, facilities and infrastructures across borders under the different investment priorities, as well as the following investment priorities within the thematic objectives:

The ERDF shall, within its scope as set out in Article 3 of Regulation (EU) No (...)/2012 (ERDF), contribute to the thematic objectives set out in Article 9 of Regulation (EU) No (...)/2013 (CPR) through joint action under cross-border, transnational and interregional cooperation programmes. In addition to the investment priorities set out in Article 5 of Regulation (EU) No [...]/2012 [the ERDF Regulation], the ERDF may also support the following investment priorities within the thematic objectives indicated for the respective ETC components:

Amendment  47

Proposal for a regulation

Article 6 – point a

Text proposed by the Commission

Amendment

(a) under cross-border cooperation:

1 a. under cross-border cooperation:

(i) integrating cross-border labour markets, including cross-border mobility, joint local employment initiatives and joint training (within the thematic objective of promoting employment and supporting labour mobility);

(a a) promoting employment and supporting labour mobility through:

 

integrating cross-border labour markets, including cross-border mobility, joint local employment initiatives, information and advisory services and joint training;

(ii) promoting gender equality and equal opportunities across borders, as well as promoting social inclusion across borders (within the thematic objective of promoting social inclusion and combating poverty);

(a b) promoting social inclusion and combating poverty through:

 

promoting gender equality, equal opportunities, and the integration of communities across borders;

(iii) developing and implementing joint education and training schemes (within the thematic objective of investing in skills, education and lifelong learning);

(a c) investing in skills, education and lifelong learning through:

 

developing and implementing joint education, vocational training and training schemes;

(iv) promoting legal and administrative cooperation and cooperation between citizens and institutions (within the thematic objective of enhancing institutional capacity and an efficient public administration);

(a d) enhancing institutional capacity and an efficient public administration through:

 

promoting legal and administrative cooperation and cooperation between citizens and institutions.

(Note for Translators: Article 6 – point (a) in the Commission text has become Article 6 – paragraph 1 a (new) and its points a a (new), a b (new)a c (new)a d (new)in Parliament’s amendment where the mentioned points were amended)

Amendment  48

Proposal for a regulation

Article 6 – point b

Text proposed by the Commission

Amendment

(b) under transnational cooperation: development and implementation of macro-regional and sea-basin strategies (within the thematic objective of enhancing institutional capacity and an efficient public administration).

1 b. under transnational cooperation:

 

enhancing institutional capacity and an efficient public administration through:

 

developing and coordinating macro-regional and sea-basin strategies.

(Note for Translators: Article 6 – point b in the Commission text has become Article 6 – paragraph 1 b (new) in Parliament’s amendment)

Amendment  49

Proposal for a regulation

Article 6 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c. under interregional cooperation:

 

enhancing institutional capacity and an efficient public administration through:

 

(a a) promoting the exchange of experience in order to reinforce the effectiveness of territorial cooperation programmes and actions and the use of EGTCs (for interregional cooperation pursuant to Article 2 (3c));

 

(a b) strengthening the evidence base in order to reinforce the effectiveness of cohesion policy and the achievement of the thematic objectives through the analysis of development trends (for interregional cooperation pursuant to Article 2 (3d);

 

(a c) disseminating good practice and expertise and capitalising on results of the exchange of experience on sustainable urban development, including urban-rural linkages" (for interregional cooperation pursuant to Article 2 (3b).

Amendment  50

Proposal for a regulation

Article 6 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

1 d. As regards the PEACE programme, the ERDF shall also within the thematic objective of promoting social inclusion and combating poverty, contribute to promoting social and economic stability in the regions concerned, notably by actions to promote cohesion between communities.

Amendment  51

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. A cooperation programme shall consist of priority axes. A priority axis shall concern one Fund, shall correspond to a thematic objective and comprise one or more investment priorities of that thematic objective in line with Articles 5 and 6 of this Regulation.

1. A cooperation programme shall consist of priority axes. A priority axis, shall correspond without prejudice to Article 52 of Regulation No. .../2013 [CPR] to a thematic objective and comprise one or more investment priorities of that thematic objective in line with Articles 5 and 6 of this Regulation. Where appropriate and in order to increase the impact and effectiveness in a thematically coherent integrated approach to pursuing the objectives of the Union strategy for smart, sustainable, and inclusive growth, a priority axis may in duly justified cases, combine one or more complementary investment priorities from different thematic objectives in order to achieve their maximum contribution to a priority axis.

Amendment  52

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. A cooperation programme shall set out:

2. A cooperation programme shall contribute to the Union strategy for smart, sustainable and inclusive growth and to the achievement of economic, social and territorial cohesion and shall set out:

(a) a strategy for the cooperation programme's contribution to the Union strategy of smart, sustainable and inclusive growth including:

(a) a justification of the choice of thematic objectives, corresponding investment priorities and financial allocations, having regard to the Common Strategic Framework; based on an analysis of the situation of [...] the programme area as a whole in terms of needs and the strategy chosen in response, addressing where appropriate missing links in cross-border infrastructure, taking into account the results of the ex ante evaluation;

(i) an identification of the needs addressing the challenges as regards the programme area as a whole;

 

(ii) a justification of the choice of thematic objectives and corresponding investment priorities, having regard to the Common Strategic Framework and the results of the ex ante evaluation;

 

(b) for each priority axis:

(b) for each priority axis other than technical assistance:

(i) the investment priorities and corresponding specific objectives;

(i) the investment priorities and corresponding specific objectives;

(ii) the common and specific output and result indicators, with where appropriate a baseline value and a quantified target value;

(ii) in order to strengthen the result-orientation of the programming, the expected results for the specific objectives, and the corresponding result indicators, with a baseline value and a target value where appropriate quantified, in accordance with Article 15;

(iii) a description of actions to be supported including the identification of the main target groups, specific territories targeted and types of beneficiaries where appropriate and the planned use of financial instruments;

(iii) a description of the type and examples of actions to be supported under each investment priority and their expected contribution to the specific objectives referred to in point (i), including the guiding principles for the selection of operations and, where appropriate, the identification of the main target groups, specific territories targeted and types of beneficiaries and the planned use of financial instruments and major projects;

(iv) the corresponding categories of intervention based on a nomenclature adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 30(3) and an indicative breakdown of the programmed resources;

(iv) the common and specific output indicators, including the quantified target value, which are expected to contribute to the results, in accordance with Article 15, for each investment priority;

 

(iv a) identification of implementation steps and financial and output indicators to act as milestones and targets for the performance framework in accordance with Article 19(1) and Annex (xx) of Regulation (EU) No./2012 [CPR];

 

(iv b) where appropriate a summary of the planned use of technical assistance including, where necessary, actions to reinforce the administrative capacity of authorities involved in the management and control of the programmes and beneficiaries and where necessary actions for the enhancement of the administrative capacity of relevant partners to participate in the implementation of the programmes;

 

(iv c) the corresponding categories of intervention based on a nomenclature adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 30(3) and an indicative breakdown of the programmed resources;

 

(b a) For each priority axis concerning technical assistance:

 

(i a) specific objectives;

 

(i b) the expected results for each specific objective, and, where objectively justified given the content of the actions, the corresponding result indicators, with a baseline value and a target value, in accordance with Art. 15;

 

(i c) a description of actions to be supported and their expected contribution to the specific objectives referred to in point (i);

 

(i d) the output indicators which are expected to contribute to the results;

 

(i e) the corresponding categories of intervention based on a nomenclature adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to Article 143(3) of Regulation No …/2013 [CPR], and an indicative breakdown of the programmed resources;

 

(i f) Point (ii) shall not apply where the Union contribution to the priority axis or axes concerning technical assistance in an operational programme does not exceed EUR 15 000 000;

Amendment  53

Proposal for a regulation

Article 7 – paragraph 2 – point c – introductory part

Text proposed by the Commission

Amendment

(c) the contribution to the integrated strategy for territorial development set out in the partnership contract including;

2 a. The cooperation programme shall describe, taking into account its content and objectives, the integrated approach to territorial development, including in respect of areas referred to in Article 174 (3) TFEU, having regard to the partnership agreements of the participating Member States and showing how it contributes to the accomplishment of the programme objectives and expected results, specifying; where appropriate, the following;

(Note for Translators: Article 7 – paragraph 2 – point c – introductory part in the Commission text have become Article 7 – paragraph 2 a (new) in Parliament’s amendment, which is also amended)

Amendment  54

Proposal for a regulation

Article 7 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2 c. The cooperation programme shall also set out the following, having regard to the content of the Partnership Agreements and taking into account the Institutional Framework of the Member States:

Amendment  55

Proposal for a regulation

Article 7 – paragraph 2 - point c - point i

Text proposed by the Commission

Amendment

(i) the mechanisms that ensure coordination between the Funds, the EAFRD, the EMFF and other Union and national funding instruments and with the European Investment Bank (EIB);

(a a) the mechanisms that ensure an effective coordination between the Funds, the EAFRD, the EMFF and other Union and national funding instruments, including the coordination and possible combination with CEF, ENI, EDF, and IPA, and with the European Investment Bank (EIB), taking into account the provisions set out in annex I to Regulation (EU) No …/2013 [CPR]; where Member States and third countries or territories participate in cooperation programmes that include the use of ERDF appropriations for outermost regions and resources from the EDF, coordination mechanisms at the appropriate level to facilitate effective coordination in the use of these resources;

(Note for Translators: Article 7 – paragraph 2 – point c – point i in the Commission text have become Article 7 – paragraph 2 c (new) – point a a(new)Parliament’s amendment, which was amended)

Amendment  56

Proposal for a regulation

Article 7 – paragraph 2 – point c – point ii

Text proposed by the Commission

Amendment

(ii) where appropriate, a planned integrated approach to the territorial development of urban, rural, coastal areas and areas with particular territorial features, in particular the implementation arrangements for Articles 28 and 29 of Regulation (EU) No./2012 [CPR];

deleted

Amendment  57

Proposal for a regulation

Article 7 – paragraph 2 – point c – point iii

Text proposed by the Commission

Amendment

(iii) where appropriate, the list of cities where integrated actions for sustainable urban development are to be implemented and the indicative annual allocation of the ERDF support for these actions;

(a b) the principles for identifying the urban areas where integrated actions for sustainable urban development are to be implemented and the indicative allocation of the ERDF support for these actions,

(Note for Translators: Article 7 – paragraph 2 – point c – point iii in the Commission text have become Article 7 – paragraph 2 a (new)- point a b (new) in Parliament’s amendment, which is also amended)

Amendment  58

Proposal for a regulation

Article 7 – paragraph 2 a (new) - point a c (new)

Text proposed by the Commission

Amendment

 

(a c) the approach to the use of the Integrated territorial Investment instrument other than in cases covered by (b), and their indicative financial allocation from each priority axis;

Amendment  59

Proposal for a regulation

Article 7 – paragraph 2 – point c – point iv

Text proposed by the Commission

Amendment

(iv) the identification of the areas in which community-led local development will be implemented;

(a a) the approach to the use of community-led local development instruments and the principles for identifying the areas where it will be implemented;

(Note for Translators: Article 7 – paragraph 2 – point c – point iv in the Commission text have become Article 7 – paragraph 2 a (new)- point a a (new) in Parliament’s amendment, which is also amended)

Amendment  60

Proposal for a regulation

Article 7 – paragraph 2 – point c – point v

Text proposed by the Commission

Amendment

(v) where appropriate, the contribution of the planned interventions towards macro regional strategies and sea basin strategies;

(a d) where Member States and regions participate in macro regional strategies and sea basin strategies, the contribution of the planned interventions towards such strategies, subject to the needs of the programme area as identified by the relevant Member States and taking into account, where applicable, the strategically important projects identified in the respective strategies.

(Note for Translators: Article 7 – paragraph 2 – point c – point v in the Commission text have become Article 7 – paragraph 2 a (new)- point a d (new) in Parliament’s amendment, which is also amended)

Amendment  61

Proposal for a regulation

Article 7 – paragraph 2 – point d – introductory part

Text proposed by the Commission

Amendment

(d) arrangements to ensure the effective implementation of the funds including:

deleted

Amendment  62

Proposal for a regulation

Article 7 – paragraph 2 – point d – point i

Text proposed by the Commission

Amendment

(i) a performance framework in accordance with Article 19(1) of Regulation (EU) No./2012 [CPR];

deleted

Amendment  63

Proposal for a regulation

Article 7 – Article 7 – paragraph 2 – point d – point ii

Text proposed by the Commission

Amendment

(ii) the actions taken to involve the partners in the preparation of the cooperation programme, and the role of the partners in the implementation, monitoring and evaluation of the cooperation programme;

(a c) the actions taken to involve the partners referred to in Article 5 of Regulation (EU) No …/2013 [CPR] in the preparation of the cooperation programme, and the role of these partners in the preparation and implementation [...] , of the cooperation programme, including their involvement in the monitoring committee;

(Note for Translators: Article 7 – paragraph 2 – point d– point ii in the Commission text have become Article 7 – paragraph 2 b (new)- point a c (new) in Parliament’s amendment)

Amendment  64

Proposal for a regulation

Article 7 – paragraph 2 - point e - point ii

Text proposed by the Commission

Amendment

(ii) an assessment of the administrative burden for beneficiaries and the actions planned to achieve a reduction accompanied by targets;

(a b) a summary of the assessment of the administrative burden for beneficiaries and where necessary the actions planned, to be accompanied by an indicative timeframe, to reduce the administrative burden.

(Note for Translators: Article 7 – paragraph 2 – point e – point ii in the Commission text have become Article 7 – paragraph 2 c (new) – point a b(new)Parliament’s amendment, which was amended)

Amendment  65

Proposal for a regulation

Article 7 – paragraph 2 – point e - point iii

Text proposed by the Commission

Amendment

(iii) a list of major projects for which the estimated start date for the execution of the main works is before 1 January 2018;

(cb) a list of major projects for which the implementation is planned during the programming period;

(Note for Translators: Article 7 – paragraph 2 – point e – point iii in the Commission text have become Article 7 – paragraph 2 – point c b (new)in Parliament’s amendment)

Amendment  66

Proposal for a regulation

Article 7 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) a financing plan containing two tables (without any division per participating Member State):

(c a) a financing plan containing two tables (without any division per participating Member State):

(i) a table specifying for each year, in accordance with Articles 53, 110 and 111 of Regulation (EU) No./2012 [CPR], the amount of the total financial appropriation envisaged for the support from the ERDF;

(i) a table specifying for each year, in accordance with the rules on co-financing rates laid down in Articles 53, 110 and 111 of Regulation (EU) No./2012 [CPR], the amount of the total financial appropriation envisaged for the support from the ERDF;

(ii) a table specifying, for the whole programming period, for the cooperation programme and for each priority axis, the amount of the total financial appropriation of the support from the ERDF and the national co-financing. Where the national co-financing is made up of public and private co-financing, the table shall give the indicative breakdown between the public and the private components. It shall show, for information purposes, the envisaged participation from the EIB;

(ii) a table specifying, for the whole programming period, for the cooperation programme and for each priority axis, the amount of the total financial appropriation of the support from the ERDF and the national co-financing. For priority axes, which combine investment priorities from different thematic objectives, the table shall specify the amount of total financial appropriation and the national co-financing for each of the corresponding thematic objectives. Where the national co-financing is made up of public and private co-financing, the table shall give the indicative breakdown between the public and the private components. It shall show, for information purposes, any contribution from third countries participating in the programme and the envisaged participation from the EIB;

(Note for Translators: Article 7 – paragraph 2 – point f – introductory part(together with points i and ii in the Commission text have become Article 7 – paragraph 2 – point c a (new)in Parliament’s amendment where points i and ii were amended)

Amendment  67

Proposal for a regulation

Article 7 – paragraph 2 - point g

Text proposed by the Commission

Amendment

 

The cooperation programme shall identify:

(g) the implementing provisions for the cooperation programme containing:

(a a) the implementing provisions for the cooperation programme containing:

(i) identification of the accreditation body, the managing authority and the audit authority;

(i) identification of the managing authority, the certifying authority, where appropriate, and the audit authority;

(ii) the body or bodies designated to carry out control tasks;

(ii) the body or bodies designated to carry out control tasks;

(iii) the body or bodies designated to be responsible for carrying out audit tasks;

(iii) the body or bodies designated to be responsible for carrying out audit tasks;

(iv) the procedure for setting up the joint secretariat;

(iv) the procedure for setting up the joint secretariat;

(v) a summary description of the management and control arrangements;

(v) a summary description of the management and control arrangements;

(vi) the apportionment of liabilities among the participating Member States in case of financial corrections imposed by the managing authority or the Commission.

(vi) the apportionment of liabilities among the participating Member States in case of financial corrections imposed by the managing authority or the Commission.

(Note for Translators: Article 7 – paragraph 2 – point g– introductory part in the Commission text have become Article 7 – paragraph 2 b (new)- point a in Parliament’s amendment)

Amendment  68

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Information required under points (a) to (d) shall be adapted to the specific character of cooperation programmes under Article 2(3)(b), (c) and (d) of this Regulation.

Information required under points (2 (a) and (b) (i-vi), 3 and 5 (a) shall be adapted to the specific character of cooperation programmes under Article 2(3)(b), (c) and (d) of this Regulation.

(Note for Translators: Article 7 – paragraph 2 – subparagraph 2 in the Commission text have become Article 7 – paragraph 2 b (new) – subparagraph 1 Parliament’s amendment

Amendment  69

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Information required under point (e)(ii) and (iii) shall not be included in cooperation programmes under Article 2(3)(b), (c) and (d) of this Regulation.

Information required under point (2) (e) and (5)(b) shall not be included in cooperation programmes under Article 2(3), (c) and (d) of this Regulation.

(Note for Translators: Article 7 – paragraph 2 – subparagraph 3 in the Commission text have become Article 7 – paragraph 2 b (new) – subparagraph 2 Parliament’s amendment)

Amendment  70

Proposal for a regulation

Article 7 – Article 7 – paragraph 2 b (new) - point a b (new)

Text proposed by the Commission

Amendment

 

(a b) the body to which payments will be made by the Commission;

Amendment  71

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Each cooperation programme shall include:

2 d. Each cooperation programme shall where appropriate and subject to the relevant Member States' duly justified assessment of their relevance to the content and objectives of the programme include:

(i) a description of specific actions to take into account environmental protection requirements, resource efficiency, climate change mitigation and adaptation, and risk prevention and risk management in the selection of operations;

(a a) a description of specific actions to take into account environmental protection requirements, resource efficiency, climate change mitigation and adaptation, disaster resilience, and risk prevention and risk management in the selection of operations;

(ii) a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, design and implementation of the cooperation programme and in particular in relation to access to funding taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons;

(a b) a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, design and implementation of the cooperation programme and in particular in relation to access to funding taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for persons with disabilities;

(iii) a description of its contribution to the promotion of equality between men and women and where appropriate the arrangements to ensure the integration of gender perspective at programme and operation level.

(a c) a description of its contribution to the promotion of equality between men and women and, where appropriate, the arrangements to ensure the integration of gender perspective at operational programme and operation level.

Member States shall submit an opinion of the national equality bodies on the measures set out in points (ii) and (iii) with the proposal for a cooperation programme.

 

The first and second subparagraph shall not apply to cooperation programmes under Article 2(3)(b), (c) and (d).

The first and second subparagraph shall not apply to cooperation programmes under Article 2(3)(b), (c) and (d).

(Note for Translators: Article 7 – paragraph 3 – points i, ii and iii in the Commission text have become Article 7 – paragraph 2 d (new) – points a a (new), a b (new), and a c (new)Parliament’s amendment, which were amended)

Amendment  72

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Cooperation programmes under Article 2(3)(c) and (d) shall define the beneficiary or beneficiaries for such a cooperation programme and may specify the granting procedure.

2 e. Cooperation programmes under Article 2(3)(c) and (d) shall define the beneficiary or beneficiaries for such a cooperation programme and may specify the granting procedure

(Note for Translators: Article 7 – paragraph 4 in the Commission text has become Article 7 – paragraph 2 e (new) Parliament’s amendment)

Amendment  73

Proposal for a regulation

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

5. The participating Member States and third countries or territories, where applicable, shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the Commission. This agreement shall also include a commitment of all participating Member States to provide the co-financing necessary to implement the cooperation programme.

2 f. The participating Member States and, when they have accepted the invitation to participate in the cooperation programme, third countries or territories, where applicable, shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the Commission. This agreement shall also include a commitment of all participating Member States and, where applicable third countries or territories, to provide the co-financing necessary to implement the cooperation programme and, where applicable, the commitment for the financial contribution of the third countries or territories.

(Note for Translators: Article 7 – paragraph 5 in the Commission text has become Article 7 – paragraph 2 f (new) Parliament’s amendment)

Amendment  74

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall draft the cooperation programmes according to the model adopted by the Commission.

2 g. The participating Member States and, when they have accepted the invitation to participate in the cooperation programme, third countries or territories shall draft the cooperation programmes according to the model adopted by the Commission. By derogation from paragraph 5, in the case of cooperation programmes involving Outermost Regions and third countries, the Member States concerned shall consult the respective third countries before submitting the programmes to the Commission. In this case, the agreements to the contents of the cooperation programmes and the possible contribution of the third countries can instead be expressed in the formally approved minutes of the consultation meetings with the third countries or the deliberations of the regional cooperation organisations.

(Note for Translators: Article 7 – paragraph 6 in the Commission text has become Article 7 – paragraph 2 g (new) Parliament’s amendment)

Amendment  75

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. The Commission shall adopt that model by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

2 h. The Commission shall adopt that model by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

(Note for Translators: Article 7 – paragraph 7 in the Commission text has become Article 7 – paragraph 2 h (new) Parliament’s amendment)

Amendment  76

Proposal for a regulation

Article 7 – paragraph 2 i (new)

Text proposed by the Commission

Amendment

 

2 i. The Commission shall adopt a decision, by means of implementing acts, approving all elements (including any of its future amendments) falling under this article except those falling under paragraph 2 (b)(vii) and (e), 4 (a)(i) and (c), 5 and 6 (of this Article, which remain under the responsibility of the participating Member States.

Amendment  77

Proposal for a regulation

Article 7 – paragraph 2 j (new)

Text proposed by the Commission

Amendment

 

2 j. Any decision amending the elements of the cooperation programme not covered by the Commission decision pursuant to paragraph 11 shall be notified by the managing authority to the Commission within one month of the date of the decision. The decision shall specify the date of its entry into force, which shall not be earlier than the date of its adoption.

Amendment  78

Proposal for a regulation

Article 10

Text proposed by the Commission

Amendment

For cooperation programmes, the intermediate body to carry out the management and implementation of an Integrated territorial investment referred to in Article 99(3) of Regulation (EU) No./2012 [CPR] shall be an EGTC or other legal body established under the laws of one of the participating countries provided that it is set up by public authorities from at least two participating countries.

For cooperation programmes, the intermediate body to carry out the management and implementation of an Integrated territorial investment referred to in Article 99(3) of Regulation (EU) No./2012 [CPR] shall be a legal body established under the laws of one of the participating countries provided that it is set up by public authorities from at least two participating countries, or an EGTC.

Amendment  79

Proposal for a regulation

Article 11

Text proposed by the Commission

Amendment

Article 11

Article 11

Selection of operations

Selection of operations

1. Operations under cooperation programmes shall be selected by the monitoring committee referred to in Article 41 of Regulation (EU) No []/2012 [CPR].

1. Operations under cooperation programmes shall be selected by the monitoring committee referred to in Article 41 of Regulation (EU) No [...]/2012 [CPR]. The monitoring committee may set up a steering committee acting under its responsibility for the selection of operations.

2. Operations selected under cross-border and transnational cooperation shall involve beneficiaries from at least two participating countries, at least one of which shall be from a Member State. An operation may be implemented in a single country, provided that it is for the benefit of the programme area.

2. Operations selected under cross-border and transnational cooperation shall involve beneficiaries from at least two participating countries, at least one of which shall be from a Member State. An operation may be implemented in a single country, provided that cross-border or transnational impacts and benefits are identified.

Operations concerning interregional cooperation under Article 2(3)(a) and (b) shall involve beneficiaries from at least three countries, at least two of which shall be Member States.

Operations concerning interregional cooperation under Article 2(3)(a) and (b) shall involve beneficiaries from at least three countries, at least two of which shall be Member States.

 

The above mentioned conditions shall not apply to operations under any cross-border programme between Northern Ireland and the border counties of Ireland in support of peace and reconciliation as referred to in Article 6 (c).

3. Notwithstanding paragraph 2, an EGTC or other legal body established under the laws of one of the participating countries may apply as sole beneficiary for an operation provided that it is set up by public authorities and bodies from at least two participating countries, for cross-border and transnational cooperation, and from at least three participating countries, for interregional cooperation.

3. Notwithstanding paragraph 2, an EGTC or other legal body established under the laws of one of the participating countries may apply as sole beneficiary for an operation provided that it is set up by public authorities and bodies from at least two participating countries, for cross-border and transnational cooperation, and from at least three participating countries, for interregional cooperation.

4. Beneficiaries shall cooperate in the development, implementation, staffing and financing of operations.

4. Beneficiaries shall cooperate in the development and implementation of operations. In addition, they shall cooperate in the staffing or the financing of operations, or in both.

 

For operations in programmes between outermost regions and third countries or territories, the beneficiaries shall be required to cooperate only in two fields mentioned in the first subparagraph.

5. The managing authority shall provide to the lead or sole beneficiary for each operation a document setting out the conditions for support the operation, including the specific requirements concerning the products or services to be delivered under the operation, the financing plan, and the time-limit for execution.

5. The managing authority shall provide to the lead or sole beneficiary for each operation a document setting out the conditions for support the operation, including the specific requirements concerning the products or services to be delivered under the operation, the financing plan, and the time-limit for execution.

Amendment  80

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. Notwithstanding paragraph 2, an EGTC or other legal body established under the laws of one of the participating countries may apply as sole beneficiary for an operation provided that it is set up by public authorities and bodies from at least two participating countries, for cross-border and transnational cooperation, and from at least three participating countries, for interregional cooperation.

3. Notwithstanding paragraph 2, an EGTC or other legal body established under the laws of one of the participating countries may apply as sole beneficiary for an operation provided that it is set up by public authorities and bodies from at least two participating countries, for cross-border and transnational cooperation, and from at least three participating countries, for interregional cooperation.

 

A legal body that implements a financial instrument or a fund of funds, as applicable, may be the sole beneficiary of an operation without the application of the requirements for its composition set out in the first sub-paragraph.

Amendment  81

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 12

Article 12

Beneficiaries

Beneficiaries

1. Where there are two or more beneficiaries for an operation in a cooperation programme, one of them shall be designated by all the beneficiaries as the lead beneficiary.

1. Where there are two or more beneficiaries for an operation in a cooperation programme, one of them shall be designated by all the beneficiaries as the lead beneficiary.

2. The lead beneficiary shall carry out the following tasks:

2. The lead beneficiary shall carry out the following tasks:

(a) lay down the arrangements with other beneficiaries in an agreement comprising provisions that, inter alia, guarantee the sound financial management of the funds allocated to the operation, including the arrangements for recovering amounts unduly paid;

(a) lay down the arrangements with other beneficiaries in an agreement comprising provisions that, inter alia, guarantee the sound financial management of the funds allocated to the operation, including the arrangements for recovering amounts unduly paid;

(b) assume responsibility for ensuring implementation of the entire operation;

(b) assume responsibility for ensuring implementation of the entire operation;

(c) ensure that expenditure presented by all beneficiaries has been incurred in implementing the operation and corresponds to the activities agreed between all the beneficiaries;

(c) ensure that expenditure presented by all beneficiaries has been incurred in implementing the operation and corresponds to the activities agreed between all the beneficiaries, and in accordance with the document provided by the managing authority as stipulated in Article 11(5);

(d) verify that the expenditure presented by other beneficiaries has been validated by a controller(s) where this verification is not carried out by the managing authority pursuant to Article 22(3).

(d) ensure that the expenditure presented by other beneficiaries has been verified by a controller(s) where this verification is not carried out by the managing authority pursuant to Article 22(3).

3. The lead beneficiary shall ensure that the other beneficiaries receive the total amount of the public support as quickly as possible and in full. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce those amounts for the other beneficiaries.

3. If not otherwise specified in the arrangements according to Article 12 (2) the lead beneficiary shall ensure that the other beneficiaries receive the total amount of the contribution from the funds as quickly as possible and in full. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce those amounts for the other beneficiaries.

4. Lead beneficiaries shall be located, and sole beneficiaries shall be registered, in a Member State.

4. Lead beneficiaries shall be located in a Member State participating in the cooperation programme. Member States and third countries or territories participating in a cooperation programme may agree that the lead beneficiary may be located in a third country or territory, participating in that cooperation programme provided that the managing authority is satisfied that the lead beneficiary can carry out the tasks set out in paragraphs 2 and 3 of this Article and that the requirements for management, verifications and audit are fulfilled.

 

Sole beneficiaries shall be registered in a Member State participating in the cooperation programme. They may be registered in a Member State not participating in the programme, provided the conditions set in Article 11(3) are respected.

Amendment  82

Proposal for a regulation

Article 13

Text proposed by the Commission

Amendment

Article 13

Article 13

Implementation reports

Implementation reports

1. By 30 April 2016 and by 30 April of each subsequent year until and including 2022, the managing authority shall submit to the Commission an annual report in accordance with Article 44(1) of Regulation (EU) No []/2012 [CPR]. The report submitted in 2016 shall cover the financial years 2014 and 2015, as well as the period between the starting date for eligibility of expenditure and 31 December 2013.

1. By 31 May 2016 and by 31 May of each subsequent year until and including 2022, the managing authority shall submit to the Commission an annual report in accordance with Article 44(1) of Regulation (EU) No [...]/2012 [CPR]. The report submitted in 2016 shall cover the financial years 2014 and 2015, as well as the period between the starting date for eligibility of expenditure and 31 December 20131

 

1a. For the reports submitted in 2017 and 2019, the deadline referred to in paragraph 1 shall be 30 June.

2. Annual implementation reports shall set out information on:

2. Annual implementation reports shall set out information on:

(a) implementation of the cooperation programme in accordance with Article 44(2) of Regulation (EU) No […]/2012 [CPR];

(a) implementation of the cooperation programme in accordance with Article 44(2) of Regulation (EU) No […]/2012 [CPR];

(b) progress in preparation and implementation of major projects and joint action plans.

(b) where appropriate, progress in preparation and implementation of major projects and joint action plans.

3. The annual implementation reports submitted in 2017 and 2019 shall set out and assess the information required under Articles 44(3) and (4) of Regulation (EU) No []/2012 [CPR] respectively and the information set out in paragraph 2 together with:

3. The annual implementation reports submitted in 2017 and 2019 shall set out and assess the information required under Articles 44(3) and (4) of Regulation (EU) No […]/2012 [CPR] respectively and the information set out in paragraph 2 together with information on the elements set out under (c), (f) and (h) below and may, dependent on the content and objectives of cooperation programmes, add information on the other elements listed below:

(a) progress in implementation of the integrated approach to territorial development, including sustainable urban development, and community-led local development under the operational programme;

(a) progress in implementation of the integrated approach to territorial development, including sustainable urban development, and community-led local development under the cooperation programme;

(b) progress in implementation of actions to reinforce the capacity of authorities and beneficiaries to administer and to use the ERDF;

(b) progress in implementation of actions to reinforce the capacity of authorities and beneficiaries to administer and to use the ERDF;

 

(b a) where appropriate, contribution to macro-regional and sea basin strategies;

(c) progress in implementation of the evaluation plan and the follow-up given to the findings of evaluations;

(c) progress in implementation of the evaluation plan and the follow-up given to the findings of evaluations;

(d) the specific actions taken to promote equality between men and women and to prevent discrimination, including accessibility for disabled persons, and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations;

(d) the specific actions taken to promote equality between men and women and to promote non-discrimination, in particular accessibility for disabled persons, and the arrangements implemented to ensure the integration of the gender perspective in the cooperation programme and operations;

(e) actions taken to promote sustainable development;

(e) actions taken to promote sustainable development;

(f) the results of the information and publicity measures carried out under the communication strategy;

(f) the results of the information and publicity measures carried out under the communication strategy;

(g) progress in the implementation of actions in the field of social innovation, where appropriate;

(g) progress in the implementation of actions in the field of social innovation;

(h) the involvement of the partners in the implementation, monitoring and evaluation of the cooperation programme.

(h) the involvement of the partners in the implementation, monitoring and evaluation of the cooperation programme.

4. The annual and final implementation reports shall be drawn up following models adopted by the Commission by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

4. The annual and final implementation reports shall be drawn up following models adopted by the Commission by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143 of Regulation (EU) No [...]/2012 [CPR].

 

______________

 

1 Subject to alignment with outcome of discussions on CPR Article 101.

Amendment  83

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Where an annual review meeting is not organised pursuant to Article 45(3) of Regulation (EU) No []/2012 [CPR], the annual review may be carried out in writing.

The annual review meeting shall be organised in accordance with Article 45 of Regulation (EU) No [...]/2013 [CPR].

 

Where an annual review meeting is not organised pursuant to Article 45(3) of Regulation (EU) No [...]/2012 [CPR], the annual review may be carried out in writing.

Amendment  84

Proposal for a regulation

Article 15

Text proposed by the Commission

Amendment

Common indicators, as set out in the Annex to this Regulation, shall be used where relevant and in accordance with Article 24(3) of Regulation (EU) No./2012 [CPR]. Their baselines shall be set at zero and cumulative targets shall be fixed for 2022.

1. Common output indicators, as set out in the Annex to this Regulation, programme-specific result indicators and, where relevant, programme-specific output indicators shall be used in accordance with Article 24(3) and Article 7(2)(b)(ii) and (iv) of this Regulation.

For programme-specific output indicators, baselines shall be set at zero and cumulative targets shall be fixed for 2022.

2. For common and programme-specific output indicators, baselines shall be set at zero. Cumulative quantified target values for these indicators shall be fixed for 2022.

For programme-specific result indicators, baselines shall be set using the latest available data and targets shall be fixed for 2022, but may be expressed in quantitative or qualitative terms.

3. For programme-specific result indicators, which relate to investment priorities, baselines shall use the latest available data and targets shall be fixed for 2022. Targets may be expressed in quantitative or qualitative terms.

 

4. The Commission shall be empowered to adopt a delegated act in accordance with Article 29 to amend the list of common output indicators in the Annex to this Regulation, in order to make adjustments, where justified to ensure effective assessment of progress in programme implementation.

Amendment  85

Proposal for a regulation

Article 16

Text proposed by the Commission

Amendment

The amount of the ERDF allocated to technical assistance shall be limited to 6% of the total amount allocated to a cooperation programmes, but shall not be less than EUR 1 500 000.

The amount of the ERDF allocated to technical assistance shall be limited to 6% of the total amount allocated to a cooperation programme. For programmes with a total allocation not exceeding EUR 50.000.000 the amount of the ERDF allocated to technical assistance shall be limited to 7 % of the total amount allocated, but shall not be less than EUR 1.500.000 and not higher than EUR 3.000.000.

Amendment  86

Proposal for a regulation

Article 17

Text proposed by the Commission

Amendment

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to set additional specific rules on eligibility of expenditure for cooperation programmes.

1. The Commission shall adopt delegated acts in accordance with Article 29 to set up specific rules on eligibility of expenditure for cooperation programmes with regard to staff costs, office and administrative expenditure, travel and accommodation costs, external expertise and services costs and equipment expenditure. The Commission shall notify the delegated acts, adopted in accordance with Article 29, simultaneously to the European Parliament and to the Council within four months of the adoption of this Regulation.

2. Without prejudice to the eligibility rules laid down in or on the basis of Articles 55 to 61 of Regulation (EU) No []/2012 [CPR], Regulation (EU) No []/2012 [ERDF] or this Regulation, the monitoring committee shall establish eligibility rules for the cooperation programme as a whole.

2. Without prejudice to the eligibility rules laid down in or on the basis of Articles 55 to 61 of Regulation (EU) No [...]/2012 [CPR], Regulation (EU) No [...]/2012 [ERDF], this Regulation or the delegated act, referred to in paragraph (1), the participating Member States in the monitoring committee, shall establish additional eligibility rules for the cooperation programme as a whole.

3. For matters not covered by eligibility rules laid down in or on the basis of Articles 55 to 61 of Regulation (EU) No []/2012 [CPR], Regulation (EU) No []/2012 [ERDF] or this Regulation or by the monitoring committee, the national rules of the country in which the expenditure is incurred shall apply.

3. For matters not covered by eligibility rules laid down in or on the basis of Articles 55 to 61 of Regulation (EU) No [...]/2012 [CPR], Regulation (EU) No [...]/2012 [ERDF], in the delegated act referred to in paragraph (1) or in rules, established jointly by the participating Member States in accordance with paragraph (2), the national rules of the Member State in which the expenditure is incurred shall apply.

Amendment  87

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

Staff costs of an operation may be calculated as a flat rate of up to 15 % of the direct costs other than the staff costs of that operation.

Staff costs of an operation may be calculated as a flat rate of up to 20 % of the direct costs other than the staff costs of that operation.

Amendment  88

Proposal for a regulation

Article 19 – paragraph 3

Text proposed by the Commission

Amendment

3. For operations concerning promotional activities and capacity-building, expenditure may be incurred outside the Union part of the programme area provided that the conditions in paragraphs 2(a) and 2(c) are fulfilled.

3. For operations concerning technical assistance or promotional activities and capacity-building, expenditure may be incurred outside the Union part of the programme area provided that the conditions in paragraphs 2(a) and 2(c) are fulfilled.

Amendment  89

Proposal for a regulation

Article 20

Text proposed by the Commission

Amendment

1. For the purposes of Articles 113(1) and (2) of Regulation (EU) No []/2012 [CPR], Member States participating in a cooperation programme shall appoint a single managing authority and, for the purpose of Article 113(4) of that Regulation, a single audit authority, which shall be situated in the same Member State.

1. For the purposes of Article 113(1) of Regulation (EU) No [...]/2012 [CPR], Member States participating in a cooperation programme shall designate a single managing authority, for the purpose of Article 113(2) of that Regulation, a single certifying authority, and, for the purpose of Article 113(4) of that Regulation, a single audit authority. The managing authority and the audit authority shall be situated in the same Member State.

 

Member States participating in a cooperation programme may designate the managing authority to be responsible for carrying out the functions of the certifying authority. Such a designation shall be without prejudice to the apportionment of liabilities in relation to the application of financial corrections among the participating Member States as laid down in the cooperation programme.

2. The managing authority shall receive the payments made by the Commission and shall make payments to the lead beneficiary in accordance with Article 122 of Regulation (EU) No []/2012 [CPR].

2. The certifying authority shall receive the payments made by the Commission and shall, as a general rule, make payments to the lead beneficiary in accordance with Article 122 of Regulation (EU) No [...]/2012 [CPR].

Amendment  90

Proposal for a regulation

Article 22

Text proposed by the Commission

Amendment

1. The managing authority of a cooperation programme shall carry out the functions of the managing authority and of the certifying authority laid down in Articles 114 and 115 of Regulation (EU) No […]/2012 [CPR].

1. The managing authority of a cooperation programme shall carry out the functions laid down in Article 114 of Regulation (EU) No […]/2012 [CPR], without prejudice to paragraph 4 of this Article.

2. The managing authority, after consultation with the Member States and any third countries participating in a cooperation programme, shall set up a joint secretariat.

2. The managing authority, after consultation with the Member States and any third countries participating in a cooperation programme, shall set up a joint secretariat.

The joint secretariat shall assist the managing authority and the monitoring committee in carrying out their respective functions. The joint secretariat shall also provide information to potential beneficiaries about funding opportunities under cooperation programmes and shall assist beneficiaries in the implementation of operations.

The joint secretariat shall assist the managing authority and the monitoring committee in carrying out their respective functions. The joint secretariat shall also provide information to potential beneficiaries about funding opportunities under cooperation programmes and shall assist beneficiaries in the implementation of operations.

3. Verifications under Article 114(4)(a) of Regulation (EU) No []/2012 [CPR] shall be carried out by the managing authority for the whole programme area where the managing authority is an EGTC.

3. Where the managing authority is an EGTC, verifications under Article 114(4)(a) of Regulation (EU) No [...]/2012 [CPR] shall be carried out by or under the responsibility of the managing authority at least for those Member States and third countries from which there are members participating in the EGTC.

4. Where the managing authority cannot carry out verifications under Article 114(4)(a) of Regulation (EU) No []/2012 [CPR] throughout the whole programme area, each Member State or third country shall designate the body or person responsible for carrying out such verifications in relation to beneficiaries on its territory (controller(s)).

4. Where the managing authority does not carry out verifications under Article 114(4)(a) of Regulation (EU) No [...]/2012 [CPR] throughout the whole programme area, or where the verifications are not carried out by or under the responsibility of the managing authority for those Member States and third countries from which there are members participating in the EGTC in accordance with para. 3, each Member State or, when it has accepted the invitation to participate in the cooperation programme, the third country shall designate the body or person responsible for carrying out such verifications in relation to beneficiaries on its territory ('controller(s)'). In this connection, the managing authority shall satisfy itself that the expenditure of each beneficiary participating in an operation has been verified by a designated controller. Each Member State shall ensure that the expenditure can be verified within a period of three months from the submission of the documents by the beneficiary.

Those controllers shall, where possible, be the same bodies responsible for carrying out such verifications for the operational programmes under the Investment for growth and jobs goal or, in the case of third countries, for carrying out comparable verifications under external policy instruments of the Union.

Those controllers may be the same bodies responsible for carrying out such verifications for the operational programmes under the Investment for growth and jobs goal or, in the case of third countries, for carrying out comparable verifications under external policy instruments of the Union.

Each Member State or third country shall be responsible for verifications carried out on its territory.

Each Member State or, when it has accepted the invitation to participate in the cooperation programme, the third country shall be responsible for verifications carried out on its territory.

Where the delivery of co-financed products or services can be verified only in respect of an entire operation, the verification shall be performed by the managing authority or by the controller of the Member State where the lead beneficiary is located.

Where the delivery of co-financed products or services can be verified only in respect of an entire operation, the verification shall be performed by the managing authority or by the controller of the Member State where the lead beneficiary is located.

Amendment  91

Proposal for a regulation

Article 22 a (new)

Text proposed by the Commission

Amendment

 

Article 22 a

 

Functions of the certifying authority

 

The certifying authority of a cooperation programme shall carry out the functions laid down in Article 115 of Regulation (EU) No [...]/2013 [CPR].

Amendment  92

Proposal for a regulation

Article 23 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. Where the audit authority does not have the authorisation referred to in paragraph 1, it shall be assisted by a group of auditors composed of a representative from each Member State or third country participating in the cooperation programme and carrying out the functions provided for in Article 116 of Regulation (EU) No []/2012 [CPR].

2. Where the audit authority does not have the authorisation referred to in paragraph 1, it shall be assisted by a group of auditors composed of a representative from each Member State or third country participating in the cooperation programme and carrying out the functions provided for in Article 116 of Regulation (EU) No [...]/2012 [CPR]. Each Member State or third country, when it has accepted the invitation to participate in a cooperation programme, shall be responsible for audits carried out on its territory.

Amendment  93

Proposal for a regulation

Article 24

Text proposed by the Commission

Amendment

Article 24

Article 20 a

Accreditation

Accreditation

The managing authority shall be accredited by the accrediting body of the Member State in which the managing authority is located.

The procedure for the designation of the managing authority and, where appropriate, of the certifying authority, set out in Article 113 a [CPR], shall be carried out by the Member State in which the authority is located.

(Note for Translators: Article 24 in the Commission text has become Article 20 a (new)in Parliament’s amendment and was amended)

Amendment  94

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

By way of derogation from Article 123 of Regulation (EU) No []/2012 [CPR], expenditure incurred in a currency other than the euro shall be converted into euro by the beneficiaries in the month during which expenditure was incurred.

By way of derogation from Article 123 of Regulation (EU) No [...]/2012 [CPR], expenditure incurred in a currency other than the euro shall be converted into euro by the beneficiaries using the monthly accounting exchange rate of the Commission either in the month during which expenditure was incurred, or in the month during which expenditure was submitted for verification to the managing authority or the controller in accordance with Article 20, or in the month during which expenditure was reported to the lead beneficiary. The method chosen shall be set out in the cooperation programme and be applicable to all beneficiaries.

Amendment  95

Proposal for a regulation

Article 27

Text proposed by the Commission

Amendment

Article 27

deleted

Decommitment

 

By way of derogation from the first subparagraph of Article 127(1), but without prejudice to Article 127(4), of Regulation (EU) No […]/2012 [CPR], the Commission shall de-commit any part of the amount calculated in accordance with the second subparagraph of that Article in a cooperation programme that has not been used for payment of the initial and annual pre-financing, interim payments and annual balance by 31 December of the third financial year following the year of budget commitment under the cooperation programme or for which a payment application has not been sent in accordance with Article 126(1) of Regulation (EU) No […]/2012 [CPR].

 

Amendment  96

Proposal for a regulation

Chapter VII a (new)

Text proposed by the Commission

Amendment

 

CHAPTER VII A (NEW)

 

PARTICIPATION OF THIRD COUNTRIES IN TRANSNATIONAL AND INTERREGIONAL COOPERATION PROGRAMMES

Amendment  97

Proposal for a regulation

Article 28

Text proposed by the Commission

Amendment

Article 28

Article 24 a

Participation of third countries

Implementation Conditions

Detailed rules concerning financial management as well as programming, monitoring, evaluation and control of the participation of third countries in transnational and interregional cooperation programmes as referred to in Article 3(4), second sub-paragraph, and (5) shall be established in the relevant cooperation programme and/or the relevant financing agreement between the Commission, each of the third countries and the Member State hosting the managing authority of the relevant cooperation programme, as appropriate.

The applicable programme implementation conditions governing the financial management as well as programming, monitoring, evaluation and control of the participation of third countries through a contribution of IPA or ENI resources to transnational and interregional cooperation programmes shall be established in the relevant cooperation programme and also, where necessary, in the financing agreement between the Commission, each of the Governments of third countries concerned and the Member State hosting the managing authority of the relevant cooperation programme. The programme implementation conditions shall be consistent with the EU cohesion policy rules.

Note for Translators: Article 28 in the Commission text has become Article 24 a (new)in Parliament’s amendment and title and content were both amended)

Amendment  98

Proposal for a regulation

Article 29

Text proposed by the Commission

Amendment

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 17(1) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2. The power to adopt delegated acts referred to in Article 15(4) and Article 17(1) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

3. The delegation of power referred to in Article 17(1) may be revoked at any time by the European Parliament or by the Council.

3. The delegation of power referred to in Article 15(4) and Article 17(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.

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.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 17(1) shall enter into force only if no objection has been expressed either by the European Parliament or 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.

5. A delegated act adopted pursuant to Article 17(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or of the Council.

Amendment  99

Proposal for a regulation

Article 30

Text proposed by the Commission

Amendment

Article 30

deleted

Committee procedure

 

1. The Commission shall be assisted by the Coordination Committee of the Funds. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

 

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

 

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

 

Amendment  100

Proposal for a regulation

Article 31

Text proposed by the Commission

Amendment

1. As far as the European territorial cooperation objective is concerned, this Regulation shall not affect either the continuation or modification, including the total or partial cancellation, of support approved by the Commission on the basis of Council Regulation (EC) No 1080/2006 or any other legislation applying to that assistance on 31 December 2013, which shall consequently apply thereafter to that assistance or the projects concerned until their closure.

1. This Regulation shall not affect either the continuation or modification, including the total or partial cancellation, of assistance approved by the Commission on the basis of Council Regulation (EC) No 1080/2006 or any other legislation applying to that assistance on 31 December 2013, which shall consequently apply thereafter to that assistance or the projects concerned until their closure.

2. Applications concerning the European territorial cooperation objective in the 2007-2013 period to receive support made under Regulation (EC) No 1080/2006 before 1 January 2014 shall remain valid.

2. Applications to receive assistance made or approved under Regulation (EC) No 1080/2006 before 1 January 2014 shall remain valid.

Amendment  101

Proposal for a regulation

Article 33 – paragraph 1a (new)

Text proposed by the Commission

Amendment

 

Articles 4 and 25-27 of this Regulation shall apply with effect from 1 January 2014.

Amendment  102

Proposal for a regulation

Annex 1 – table title

Text proposed by the Commission

Amendment

Common indicators for the European territorial cooperation goal

Common output indicators for the European territorial cooperation goal

(referred to in Article 15)

 

Amendment  103

Proposal for a regulation

Annex – Productive investment

 

Text proposed by the Commission

 

UNIT

NAME

Productive investment

 

 

 

enterprises

Number of enterprises receiving grants

 

enterprises

Number of enterprises receiving financial support other than grants

 

enterprises

Number of enterprises receiving non-financial support

 

enterprises

Number of new enterprises supported

 

EUR

Private investment matching public support to SMEs (grants)

 

EUR

Private investment matching public support to SMEs (non-grants)

 

full time equivalents

Number of jobs created in assisted SMEs

Tourism

visits

Number of visits to supported attractions

Amendment

 

UNIT

NAME

Productive investment

 

 

 

enterprises

Number of enterprises receiving support

 

enterprises

Number of enterprises receiving grants

 

enterprises

Number of enterprises receiving financial support other than grants

 

enterprises

Number of enterprises receiving non-financial support

 

enterprises

Number of new enterprises supported

 

enterprises

Number of enterprises participating in cross-border, transnational or interregional research projects

 

organisations

Number of research institutions participating in cross-border, transnational or interregional research projects

 

EUR

Private investment matching public support to enterprises (grants)

 

EUR

Private investment matching public support to enterprises (non-grants)

 

full time equivalents

Employment increase in supported enterprises

Sustainable Tourism

visits/year

Increase in expected number of visits to supported sites of cultural and natural heritage and attractions

Amendment  104

Proposal for a regulation

Annex – ICT Infrastructure

 

Text proposed by the Commission

 

UNIT

NAME

ICT Infrastructure

persons

Population covered by broadband access of at least 30 Mbps

Amendment

 

UNIT

NAME

ICT Infrastructure

Households

Additional households with broadband access of at least 30 Mbps

Amendment  105

Proposal for a regulation

Annex – Transport

 

Text proposed by the Commission

 

UNIT

NAME

Transport

 

 

Railway

km

Total length of new railway line

 

 

of which: TEN-T

 

km

Total length of reconstructed or upgraded railway line

 

 

of which: TEN-T

Roads

km

Total length of newly built roads

 

 

of which: TEN-T

 

km

Total length of reconstructed or upgraded roads

 

 

of which: TEN-T

Urban transport

passenger trips

Increase of passenger trips using supported urban transport service

Inland waterways

tonne-km

Increase of cargo transported on improved inland waterways

Amendment

 

UNIT

NAME

Transport

 

 

Railway

km

Total length of new railway line

 

 

of which: TEN-T

 

km

Total length of reconstructed or upgraded railway line

 

 

of which: TEN-T

Roads

km

Total length of newly built roads

 

 

of which: TEN-T

 

km

Total length of reconstructed or upgraded roads

 

 

of which: TEN-T

Urban transport

km

Total length of new or improved tram and metro lines

Inland waterways

km

Total length of improved or created inland waterway

Amendment  106

Proposal for a regulation

Annex – Environment

 

deleted

Wastewater treatment

population equivalent

Additional population served by improved wastewater treatment

Risk prevention and management

persons

Population benefiting from flood protection measures

 

persons

Population benefiting from forest fire protection measures

Land rehabilitation

hectares

Total surface area of rehabilitated land

deleted

Nature and biodiversity

hectares

Surface area of habitats supported to attain a better conservation status

Amendment  107

Proposal for a regulation

Annex – Research, Innovation

 

deleted

 

deleted

 

Full time equivalents

Number of new researchers in supported entities

 

Full time equivalents

Number of researchers working in improved research infrastructure facilities

 

Enterprises

Number of enterprises cooperating with research institutions

 

EUR

Private investment matching public support in innovation or R&D projects

 

Enterprises

Number of enterprises supported to introduce new to the market products

 

Enterprises

Number of enterprises supported to introduce new to the firm products

Amendment  108

Proposal for a regulation

Annex – Energy and Climate change

 

Text proposed by the Commission

 

UNIT

NAME

Energy and Climate change

 

 

Renewables

MW

Additional capacity of renewable energy production

Energy efficiency

households

Number of households with improved energy consumption classification

 

kWh/year

Decrease of primary energy consumption of public buildings

 

users

Number of additional energy users connected to smart grids

GHG reduction

tonnes of CO2eq

Estimated decrease of GHG in CO2 equivalents

Amendment

 

UNIT

NAME

Energy and Climate change

 

 

Renewables

MW

Additional capacity of renewable energy production

Energy efficiency

households

Number of households with improved energy consumption classification

 

kWh/year

Decrease of annual primary energy consumption of public buildings

 

users

Number of additional energy users connected to smart grids

GHG reduction

tonnes of CO2eq

Estimated annual decrease of GHG

Amendment  109

Proposal for a regulation

Annex – Social infrastructure

 

Text proposed by the Commission

 

UNIT

NAME

Social infrastructure

 

 

Childcare & education

persons

Service capacity of supported childcare or education infrastructure

Health

persons

Capacity of supported health services

Housing

households

Number of households benefiting from improved housing conditions

Tourism

visits

Number of visits to supported attraction

Cultural heritage

visits

Number of visits at supported sites

Amendment

 

UNIT

NAME

Social infrastructure

 

 

Childcare & education

persons

Capacity of supported childcare or education infrastructure

Health

persons

Population covered by improved health services

deleted

deleted

deleted

Amendment  110

Proposal for a regulation

Annex – Urban development

 

Text proposed by the Commission

 

UNIT

NAME

Urban development

 

 

 

Persons

Population living in areas with integrated urban development strategies

 

square metres

New open space in urban areas

 

square metres

New public or commercial buildings in urban areas

 

square metres

New housing in urban areas

Amendment

 

UNIT

NAME

Urban development specific indicators

 

 

 

Persons

Population living in areas with integrated urban development strategies

 

square metres

Open space created or rehabilitated in urban areas

 

square metres

Public or commercial buildings built or renovated in urban areas

 

Housing units

Rehabilitated housing in urban areas

Amendment  111

Proposal for a regulation

Annex – Urban Development

 

Text proposed by the Commission

 

UNIT

NAME

Institutional and Administrative Capacity

 

 

 

number

Number of projects promoting legal and administrative cooperation and cooperation between citizens and institutions

 

number

Number of projects developed and implemented to support the implementation of macro-regional strategies and sea basin strategies

 

number

Number of projects in interregional cooperation developed to reinforce the effectiveness of cohesion policy

 

number

Number of projects in interregional cooperation developed and implemented to reinforce the effectiveness of cohesion policy

Amendment

 

UNIT

NAME

deleted

deleted

deleted

deleted

deleted

(1)

OJ C 277, 13.9.2012, p. 96.

(2)

Not yet published in the Official Journal.


OPINION of the Committee on Budgets (21.6.2012)

for the Committee on Regional Development

on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal

(COM(2011)0611 – C7-0326/2011 – 2011/0273(COD))

Rapporteur: Jens Geier

SHORT JUSTIFICATION

Cohesion policy is the main EU investment instrument for supporting the priorities of the Union's Europe 2020 strategy. European Territorial Cooperation (ETC) is one of the goals of cohesion policy and provides a framework for the implementation of joint actions and policy exchanges between national, regional and local actors from different Member States or with bordering regions from non EU states. This is all the more important given that the challenges faced by Member States and regions increasingly cut across national and regional boundaries and require joint, co-operative action at the appropriate territorial level. ETC will also provide an important contribution to fostering the Lisbon Treaty objective of territorial cohesion.

Your rapporteur welcomes the proposal of the European Commission for a specific legal basis for the contribution of ERDF (European Regional Development Fund) to ETC. This meets the request of the European Parliament and should ensure that the specificity of the ETC in particular its multi-country dimension is better addressed.

According to the European Commission's proposal, the European territorial cooperation would support 3 types of cooperation: crossborder, transnational and interregional. Transnational cooperation would be particularly valuable to strengthen the EU territorial cohesion as well as the recently launched strategies for macro-regions and sea basins. Interregional cooperation between EU regions (and if necessary third countries) aims at strengthening exchanges of experience on cohesion policy implementation, particularly through the disseminations of good practices.

For the cooperation with regions from third countries covered by the European Neighbourhood Instrument (ENI) or by the Instrument for Pre-Accession (IPA), ERDF funding would complement ENI and IPA funding. It will however be essential to ensure the smooth running of these programmes which has proved sometimes difficult in recent years.

The European Commission proposes to allocate to ETC 3.48% of the total envelope foreseen for cohesion policy which would amount to, EUR 11,7 billion (2011 constant prices). This marks an increase compared to the current programming period.

In EUR billion, constant 2011 prices

 

MFF

2007-2013

 

COM proposal

MFF 2014-2020

 

 

 

Change %

Convergence regions

ERDF + ESF

202,9

162,6

- 20 %

2007-13 phasing out (convergence) + phasing in (competitiveness) regions/

2014 -2020 transition regions

(ERDF +ESF)

25,9

38,9

+50 %

Competitiveness regions / More developed regions

(ERDF +ESF)

44,3

53,1

+ 20 %

Territorial cooperation

(ERDF)

8,9

11,7

+31 %

Cohesion fund

71

68,7

- 3 %

2014-2020 Extra allocation for outmost and sparsely populated regions

(ERDF)

 

0,9

 

TOTAL

354

336

-5,3 %

Your Rapporteur welcomes this proposed increase. It will however depend on the final outcome of the negotiations on the whole envelope to be allocated to cohesion policy and the 3, 48 % percentage specified in article 4 of the legislative proposal is only an indication to the budgetary authority. It cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020 Likewise, your rapporteur wishes to underline the conviction expressed by the European Parliament in its resolution of 8 June 2011 that "at least a 5% increase of resources is needed for the next MFF" compared to the 2013 level and that "the amounts allocated to cohesion policy in the current financial programming period should be at least maintained in the next period" which is apparently not the case.

Furthermore, your rapporteur welcomes the Commission's simplification efforts, in particular the simplified financial options through the use of flat rate payments. Your Rapporteur further underlines that simplification efforts for the European Territorial Cooperation are particularly important both at the EU and national levels because of its multi-country dimension. Beneficiaries may have to enforce different sets of rules originating from the EU itself, from one or several Member States and possibly from third countries. Your Rapporteur reminds Member States of the imperative need to avoid contradictions or inconsistencies between the rules they enact and the EU ones and to avoid increasing the administrative burden for the beneficiaries. Sound financial management and transparency are also key issues.

Finally, your Rapporteur underlines that, due to the specificities and complexities of ETC, the EC proposes to exceptionally apply the n+3 rule in respect of decommitments.

AMENDMENTS

The Committee on Budgets calls on the Committee on Regional Development, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1 a (new)

Draft legislative resolution

Amendment

 

1a. Points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Recalls its resolution of 8 June 2011 on "Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe"1; reiterates that, sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

 

_______________

 

1 Texts adopted, P7_TA(011)0266.

Amendment  3

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Recalls, in particular, that in the same resolution the European Parliament stresses that “a successful and strengthened cohesion policy needs adequate funding” and concludes that “the amounts allocated to it in the current financial programming period should be at least maintained in the next period”;

Amendment  4

Proposal for a regulation

Recital - 1 (new)

Text proposed by the Commission

Amendment

 

(-1) In its resolution of 8 June 2011 on "Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe", the European Parliament stressed "the European added-value of cohesion policy, as this policy constitutes a well-established mechanism of delivering growth and jobs, a major tool for convergence, sustainable development and solidarity and one of the Union's most significant, visible, and successful policies for decades. The European Parliament pointed out, however, that a modern cohesion policy must undertake a number of structural reforms, in particular in the field of simplification, respond to the main challenges facing the Union, and promote synergies with other policies and instruments on the ground. The European Parliament expressed its conviction that Union cohesion policy should remain a Union wide policy giving access to resources, experiences and assistance to all Union regions.

Justification

Paragraph 64 of the European Parliament's resolution of 8 June 2011 "Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe".

Amendment  5

Proposal for a regulation

Recital - 1 a (new)

Text proposed by the Commission

Amendment

 

(-1a) In its resolution of 8 June 2011, the European Parliament further recalled that cohesion policy has an increased importance with the entry into force of the Treaty of Lisbon and with the anchorage of territorial cohesion therein, took the view, in this context, that all forms of territorial cooperation (cross-border, transnational, interregional) must be strengthened and underlined that macro-regional cooperation and strategies should also be addressed.

Justification

Paragraph 65 of the European Parliament's resolution of 8 June 2011 "Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe".

Amendment  6

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) To increase the value added of the Union's cohesion policy, the specific provisions should lead to considerable simplification on all levels involved: beneficiaries, programme authorities, participating Member States and third countries, as well as the Commission.

(3) To increase the value added of the Union's cohesion policy in general, and to take into account the multicountry dimension of European Territorial Cooperation, the specific provisions should lead to considerable simplification on all levels involved: beneficiaries, programme authorities, participating Member States and third countries, as well as the Commission, since beneficiaries may have to enforce different sets of rules, both from the Union itself, from one or several Member States and possibly from third countries. Particular attention should be paid to the need to avoid inconsistencies between those different sets of rules and to avoid increasing administrative burden.

Amendment  7

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) Objective criteria for designating eligible regions and areas should be fixed. To this end, the identification of eligible 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 of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS).

(8) Objective and transparent criteria for designating eligible regions and areas should be fixed. To this end, the identification of eligible 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 of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS).

Amendment  8

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the Union. However, the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives, in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the Investment for growth and jobs and the European territorial cooperation goals.

(16) The selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the Union. However, the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives, in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the Investment for growth and jobs and the European territorial cooperation goals. Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources.

Amendment  9

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) Due to the involvement of more than one Member State, the general rule laid down in the Regulation (EU) No […]/2012 [CPR] that each Member State adopts its national eligibility rules is not appropriate for the European territorial cooperation goal. Based on experience from the 2007-13 programming period, a clear hierarchy of eligibility rules should be established with a strong move towards joint eligibility rules.

(25) Due to the involvement of more than one Member State, the general rule laid down in the Regulation (EU) No […]/2012 [CPR] that each Member State adopts its national eligibility rules is not appropriate for the European territorial cooperation goal. Based on experience from the 2007-13 programming period, a clear hierarchy of eligibility rules should be established with a strong move towards joint eligibility rules and contradictions and inconsistencies between the Regulation (EU) No .../2012 of the European Parliament and of the Council on [ the financial rules applicable to the annual budget of the Union], the Common Provisions Regulation and national rules should be avoided.

Amendment  10

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. For matters not covered by eligibility rules laid down in or on the basis of Articles 55 to 61 of Regulation (EU) No […]/2012 [CPR], Regulation (EU) No […]/2012 [ERDF] or this Regulation or by the monitoring committee, the national rules of the country in which the expenditure is incurred shall apply.

3. For matters not covered by eligibility rules laid down in or on the basis of Articles 55 to 61 of Regulation (EU) No […]/2012 [CPR], Regulation (EU) No […]/2012 [ERDF], Regulation (EU) No .../2012 of the European Parliament and of the Council on [ the financial rules applicable to the annual budget of the Union] or this Regulation or by the monitoring committee, the national rules of the country in which the expenditure is incurred shall apply and shall neither contradict Union rules, nor add disproportionate administrative burden to the beneficiary.

Amendment  11

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purposes of Articles 113(1) and (2) of Regulation (EU) No […]/2012 [CPR], Member States participating in a cooperation programme shall appoint a single managing authority and, for the purpose of Article 113(4) of that Regulation, a single audit authority, which shall be situated in the same Member State.

1. For the purposes of Articles 113(1) and (2) of Regulation (EU) No […]/2012 [CPR], Member States participating in a cooperation programme shall accredit a single managing authority and, for the purpose of Article 113(4) of that Regulation, a single audit authority, which shall be situated in the same Member State.

PROCEDURE

Title

Support from the European Regional Development Fund to the ‘European territorial cooperation’ goal

References

COM(2011)0611 – C7-0326/2011 – 2011/0273(COD)

Committee responsible

       Date announced in plenary

REGI

25.10.2011

 

 

 

Opinion by

       Date announced in plenary

BUDG

25.10.2011

Rapporteur

       Date appointed

Jens Geier

6.2.2012

Date adopted

20.6.2012

 

 

 

Result of final vote

+:

–:

0:

30

2

1

Members present for the final vote

Richard Ashworth, Francesca Balzani, Reimer Böge, Zuzana Brzobohatá, Andrea Cozzolino, James Elles, Eider Gardiazábal Rubial, Jens Geier, Ivars Godmanis, Ingeborg Gräßle, Lucas Hartong, Jutta Haug, Sidonia Elżbieta Jędrzejewska, Anne E. Jensen, Ivailo Kalfin, Sergej Kozlík, Giovanni La Via, Barbara Matera, Claudio Morganti, Juan Andrés Naranjo Escobar, Nadezhda Neynsky, Dominique Riquet, Alda Sousa, László Surján, Helga Trüpel, Angelika Werthmann

Substitute(s) present for the final vote

Alexander Alvaro, Jürgen Klute, Bogdan Kazimierz Marcinkiewicz, Jan Mulder, María Muñiz De Urquiza, Paul Rübig, Peter Šťastný


OPINION of the Committee on Budgetary Control (30.5.2012)

for the Committee on Regional Development

on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal

(COM(2011)0611 – C7-0326/2011 – 2011/0273(COD))

Rapporteur: Georgios Stavrakakis

Short Justification

At this point of the negotiation procedure, your rapporteur wishes to table certain amendments, which relate to the following issues:

-    The amendments tabled in Article 7 address two separate issues. The first amendment aims at providing participating Member States with the option of having a single body appointed in order to provide the opinion on equality matters, leading to a considerable simplification in the implementation of this requirement. The second amendment is proposed in order to clarify the process of making a modification of a cooperation programme, as the Commission's proposal currently does not address this issue.

-    In order to simplify and align the ETC Regulation with the Common Provisions Regulation (CPR), an amendment has been tabled in Article 20, which stipulates that Member States should be allowed to have the audit authority within the same body as the managing authority, provided that they are functionally independent.

-    Audit authorities might not have the necessary rights to perform audits in the various Member States. Therefore, the Commission's proposal allows for a group of auditors with representatives from each Member State. The amendments tabled in Article 23 clarify that all these representatives shall be independent and have the necessary expertise and professional competence. Furthermore, the audit authority should explain measures taken in this regard in the audit strategy.

-    The amendment tabled in Article 25 opens up the possibility to make use of one single account for all cash flows in relation to an individual cooperation programme. Such a possibility would simplify the administration and provide a clear audit trail.

Although no relevant amendments have been tabled at this stage, your rapporteur wishes to draw the Committee's attention to three issues, which might require further reflection depending on the results of the debate on the CPR (COM(2011)0615):

(1) The CPR lays down rules to undertake a performance review in 2017 and 2019 in order to assess the achievement of milestones set in the programmes. It is not entirely clear how this requirement is going to be applied for the ETC Regulation, given the various actors involved.

(2) The CPR introduces 'partnership contracts', which will set out the arrangements to ensure alignment of the operational programmes with the Union's goals for 2020. The ETC Regulation does not address the specific challenges for partnership contracts resulting from cross-border cooperation between Member States and third countries with very different structures.

(3) According to Article 41 of the CPR a 'monitoring committee' shall be established, monitoring the implementation of the programme. Such a monitoring committee will also need to be set up for the programmes of the European territorial cooperation. However, the Commission's proposal does not address the particularities of the ETC programmes and in particular the issue of voting rights, given the different set ups in Member States and third countries.

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on Regional Development, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) Regulation (EU) No [...]/2012 of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union1 lays down the general principles with regard to the implementation of the annual budget of the Union. It is necessary to ensure consistency between that Regulation and the provisions governing the ERDF.

 

___________

 

1 OJ L ….

Amendment  2

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) A single audit authority should be responsible for carrying out all functions listed in Article 116 of Regulation (EU) No […]/2012 [CPR] in order to ensure uniform standards across the whole programme area. Where this is not possible, a group of auditors should be able to assist the programme audit authority.

(31) A single audit authority should be responsible for carrying out all functions listed in Article 116 of Regulation (EU) No […]/2012 [CPR] in order to ensure uniform standards across the whole programme area. Where this is not possible, a group of auditors should be able to assist the programme audit authority. The application of international audit standards should be required to ensure an adequate level of quality with regard to that audit work.

Amendment   3

Proposal for a regulation

Article 7 - paragraph 3 - subparagraph 2

Text proposed by the Commission

Amendment

Member States shall submit an opinion of the national equality bodies on the measures set out in points (ii) and (iii) with the proposal for a cooperation programme.

Member States shall submit an opinion of the national equality bodies on the measures set out in points (ii) and (iii) with the proposal for a cooperation programme. Member States may designate one national equality body to provide that opinion on the entirety of each cooperation programme.

Justification

This amendment aims at providing participating Member States with the option to have a single body appointed in order to provide the opinion on equality matters, leading to a considerable simplification in the implementation of this requirement.

Amendment  4

Proposal for a regulation

Article 7 - paragraph 5

Text proposed by the Commission

Amendment

5. The participating Member States and third countries or territories, where applicable, shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the Commission. This agreement shall also include a commitment of all participating Member States to provide the co-financing necessary to implement the cooperation programme.

5. The participating Member States and third countries or territories, where applicable, shall confirm in writing their agreement to the contents of a cooperation programme prior to its submission to the Commission. This agreement shall also include a commitment of all participating Member States to provide the co-financing necessary to implement the cooperation programme. The same procedure, namely the agreement of all participating Member States and third countries or territories, shall be necessary in the event of an amendment of the cooperation programme in accordance with Article 26 of Regulation (EU) No [...]/2012 [CPR].

Amendment  5

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

Staff costs of an operation may be calculated as a flat rate of up to 15 % of the direct costs other than the staff costs of that operation.

Staff costs of an operation may be calculated as a flat rate of up to 20% of the direct costs other than the staff costs of that operation.

Justification

The percentage rate proposed by the Commission appears to be too low, given the nature of ETC programmes, which entail particularly high staff costs.

Amendment  6

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. For the purposes of Articles 113(1) and (2) of Regulation (EU) No […]/2012 [CPR], Member States participating in a cooperation programme shall appoint a single managing authority and, for the purpose of Article 113(4) of that Regulation, a single audit authority, which shall be situated in the same Member State.

1. For the purposes of Article 113(1) and (2) of Regulation (EU) No […]/2012 [CPR], Member States participating in a cooperation programme shall appoint a single managing authority and, for the purpose of Article 113(4) of that Regulation, a single audit authority, which shall be situated in the same Member State. Member States participating in a cooperation programme may designate that single managing authority as certifying authority.

Justification

It is important that the ETC programme managing authority is not also forced to be in charge of certifying the programme; it should be optional whether the tasks of managing and certifying are merged.

Amendment  7

Proposal for a regulation

Article 20 - paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Provided that the principle of separation of functions is respected, the managing authority and the audit authority may be part of the same public authority or body.

Justification

This amendment has been tabled in order to simplify and align the ETC Regulation with the CPR, which stipulates that Member States should be allowed to have the audit authority within the same body as the managing authority, provided that they are functionally independent. This allows Member States to continue building on the competences acquired in the current programming period.

Amendment  8

Proposal for a regulation

Article 22 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

Those controllers shall, where possible, be the same bodies responsible for carrying out such verifications for the operational programmes under the Investment for growth and jobs goal or, in the case of third countries, for carrying out comparable verifications under external policy instruments of the Union.

Those controllers may be the same bodies responsible for carrying out such verifications for the operational programmes under the Investment for growth and jobs goal or, in the case of third countries, for carrying out comparable verifications under external policy instruments of the Union.

Amendment  9

Proposal for a regulation

Article 23 - paragraph 3

Text proposed by the Commission

Amendment

3. The auditors shall be functionally independent from controllers who carry out verifications under Article 22.

3. The audit authority shall ensure that any representative as referred to in paragraph 2 of this Article is functionally independent, in particular from controllers who carry out verifications under Article 22, and that that representative has the necessary expertise and professional competence to carry out the audits in accordance with internationally accepted audit standards.

Justification

The audit authority is an important element for the Commission to carry out its supervisory role. The application of internationally accepted audit standards ensures an adequate level of quality of the audit work. Furthermore, this amendment clarifies that all these representatives shall be independent and have the necessary expertise and professional competence.

Amendment  10

Proposal for a regulation

Article 23 - paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The audit strategy provided for in Article 116(4) of Regulation (EU) No […]/2012 [CPR] shall contain an explanation as to the measures taken by the audit authority to comply with the requirements set out in paragraph 3 of this Article.

Justification

Audit authorities might not have the necessary rights to perform audits in the various Member States. Therefore, the Commission's proposal allows for a group of auditors with representatives from each Member State. The audit authority should explain measures taken in this regard in the audit strategy.

Amendment  11

Proposal for a regulation

Article 23 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. Reports from the audit authority shall be forwarded to the national supervisory bodies of Member States participating in the territorial cooperation programme and to the European Court of Auditors.

Amendment  12

Proposal for a regulation

Article 25 - paragraph 1

Text proposed by the Commission

Amendment

1. The ERDF support to cooperation programmes shall be paid into a single account with no national sub-accounts.

1. The ERDF support to cooperation programmes shall be paid into a single account with no national sub-accounts. This account may be used for all expenditure and revenue in connection with the programme.

Justification

This amendment opens up the possibility to make use of one single account for all cash flows in relation to an individual cooperation programme. Such a possibility would simplify the administration and provide a clear audit trail.

PROCEDURE

Title

Support from the European Regional Development Fund to the ‘European territorial cooperation’ goal

References

COM(2011)0611 – C7-0326/2011 – 2011/0273(COD)

Committee responsible

       Date announced in plenary

REGI

25.10.2011

 

 

 

Opinion by

       Date announced in plenary

CONT

25.10.2011

Rapporteur

       Date appointed

Georgios Stavrakakis

24.11.2011

Date adopted

29.5.2012

 

 

 

Result of final vote

+:

–:

0:

19

0

0

Members present for the final vote

Jean-Pierre Audy, Inés Ayala Sender, Andrea Češková, Tamás Deutsch, Martin Ehrenhauser, Jens Geier, Gerben-Jan Gerbrandy, Ingeborg Gräßle, Cătălin Sorin Ivan, Iliana Ivanova, Eva Ortiz Vilella, Crescenzio Rivellini, Petri Sarvamaa, Theodoros Skylakakis, Bart Staes, Georgios Stavrakakis, Michael Theurer

Substitute(s) present for the final vote

Philip Bradbourn, Zuzana Brzobohatá


OPINION of the Committee on Transport and Tourism (8.6.2012)

for the Committee on Regional Development

on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal

(COM(2011)0611 – C7-0326/2011 – 2011/0273(COD))

Rapporteur: Jaromír Kohlíček

SHORT JUSTIFICATION

This regulation establishes the scope of the European Regional Development Fund with regards to the European Territorial Cooperation goal. The Commission has chosen to propose a separate regulation for the European Territorial Cooperation in order to fully take into account its specificities and multi-country context.

One of the new elements in this proposal is the provisions on thematic concentration and investment priorities. Improving the strategic focus of programmes and their results orientation are positive steps forward. What's more, reducing administrative burdens and foreseeing a greater harmonisation of rules are necessary to facilitate the programme implementation and the overall success of the cooperation. Your rapporteur believes that, at the request of the European Parliament or the Council, the Commission should provide update reports on the efficiency of the Cohesion Policy and the added-value and growth it creates.

Although the Commission's proposal is a clear improvement in most areas, there still remains some room for progress. Your rapporteur has incorporated some important transport specific issues into key areas such as the investment priorities outlined in the proposal. The European Territorial Cooperation goal is particularly useful in solving cross-border problems and common local challenges. Poor accessibility, infrastructure and transport links in these key areas are indeed important issues together with the lack of appropriate cross-border transport networks. Furthermore, your rapporteur has not neglected the tourism aspect with regards to exploiting the untapped potential of cross-border areas.

With regards to the delegation of powers to the Commission, it could be argued that the scope is too broad. Your rapporteur seeks to limit the duration of the Commission’s power to adopt delegated acts and to lay down the conditions for extending this power. Requiring a report to be drawn up will give Parliament and the Council a reliable basis on which to assess future proposals. This also takes into account the European Parliament’s new standard formulation concerning delegated acts.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on Regional Development, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) Strengthening economic, social and territorial cohesion entails addressing existing territorial imbalances and eliminating disparities in development and accessibility. To do so, it is essential to redress the imbalances between coastal and inland areas, urban and rural areas, between well linked and remote areas.This correction of imbalances is one of the priorities of cohesion policy. The need for this is even greater in border regions and warrants appropriate action under the ERDF and territorial cooperation. Given this imperative, it is necessary to promote and ensure balanced and environmentally friendly spatial planning based on efficient transport, production, energy, service and tourist infrastructures that can be utilised without any physical, technical or administrative barriers within and between Member States. This form of integrated approach would support smart, sustainable and inclusive growth and achieving the objectives the Union has set itself in the field of territorial cooperation.

Justification

Economic, social and territorial cohesion is a sine qua non for smart, sustainable and inclusive growth in Europe, but the persistence of territorial imbalances in terms of dynamism and accessibility is hampering this cohesion. To overcome this situation, it is necessary to promote efforts to redress the territorial balance, via the ‘territorial cooperation’ objective in the ERDF, using efficient infrastructure as the basis.

Amendment  2

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) Cross-border cooperation should aim to tackle common challenges identified jointly in the border regions (such as poor accessibility, inappropriate business environment, lack of networks among local and regional administrations, research and innovation and take-up of information and communication technologies, environmental pollution, risk prevention, negative attitudes towards neighbouring country citizens) and exploit the untapped potentials in the border area (development of cross-border research and innovation facilities and clusters, cross-border labour market integration, cooperation among universities or health centres), while enhancing the cooperation process for the purpose of the overall harmonious development of the Union. In the case of any cross-border programme between Northern Ireland and the border counties of Ireland in support of peace and reconciliation, the ERDF shall also contribute to promoting social and economic stability in the regions concerned, notably by actions to promote cohesion between communities.

(5) Cross-border cooperation should aim to tackle common challenges identified jointly in the border regions (such as problems related to territorial continuity, poor accessibility and insufficient or non-existent transport links, including bottlenecks within the fundamental transport networks, declining local industries, inappropriate business environments, lack of networks among local and regional administrations, research and innovation and take-up of information and communication technologies, environmental pollution, risk prevention, negative attitudes towards neighbouring country citizens) and exploit the untapped potentials in the border area (development of cross-border research and innovation facilities and clusters, development of cultural exchange, cross-border labour market integration, support for cross-border sustainable transport networks, where possible support for rail or maritime connections, promotion of cross-border sustainable tourism and joint marketing, improvement of tourist infrastructure, cooperation among universities or health centres), and development of specific projects in the tourism sector), while enhancing the cooperation process for the purpose of the overall harmonious development of the Union. In the case of any cross-border programme between Northern Ireland and the border counties of Ireland in support of peace and reconciliation, the ERDF shall also contribute to promoting social and economic stability in the regions concerned, notably by actions to promote cohesion between communities.

Amendment  3

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development. The Commission should be empowered to define transnational cooperation areas.

(10) Areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development facilitating mobility between tourist and hinterland areas. The Commission should be empowered to define transnational cooperation areas.

Amendment  4

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a) Under the trans-European transport network operational programme, priority is given to financing projects concerning missing cross-border links and those aimed at removing bottlenecks, so as to facilitate mobility and make territories, particularly tourist destinations, more accessible. In order to achieve those objectives, there is a need to strike an even balance between use of the Connecting Europe Facility, the Cohesion Fund and the ERDF, particularly via the ‘European territorial cooperation’ objective.

Justification

In order to strengthen European territorial cohesion and thus meet the priorities set out in the Europe 2020 Strategy, the European Union needs to do everything possible to facilitate mobility between its territories. The trans-European transport network is one of the tools for implementing this policy and thus forms part of the criteria for allocating funding via the ERDF and the ‘European territorial cooperation’ objective in particular.

Amendment  5

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) In order to deliver on the targets and objectives of smart, sustainable and inclusive growth set out in the Europe 2020 strategy, the ERDF should contribute under the European territorial cooperation goal to the thematic objectives of developing an economy based on knowledge, research and innovation, promoting a greener, more resource-efficient and competitive economy, fostering high employment that delivers social and territorial cohesion, and developing administrative capacity. However, the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the European territorial cooperation goal, in particular by allowing for the continuation under cross-border cooperation of legal and administrative cooperation and cooperation between citizens and institutions, of cooperation in the fields of employment, training and social inclusion in a cross-border perspective, by allowing for the continuation under transnational cooperation of maritime cross-border cooperation not covered by cross-border cooperation programmes, and by the development and implementation of macro-regional and sea-basin strategies.

(17) In order to deliver on the targets and objectives of climate impact reduction, as well as smart, sustainable and inclusive growth set out in the Europe 2020 strategy, the ERDF should contribute under the European territorial cooperation goal to the thematic objectives of developing an economy based on knowledge, research and innovation, promoting a greener, more resource-efficient and competitive economy, fostering high employment that delivers social and territorial cohesion, and developing administrative capacity. However, the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the European territorial cooperation goal, in particular by allowing for the continuation under cross-border cooperation of legal and administrative cooperation and cooperation between citizens and institutions, of development of transport and tourism infrastructure as well as its improvement or expansion, of cooperation in the fields of employment, training and social inclusion in a cross-border perspective, by allowing for the continuation under transnational cooperation of maritime cross-border cooperation not covered by cross-border cooperation programmes, and by the development and implementation of macro-regional and sea-basin strategies.

Amendment  6

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) It is necessary to adapt the content requirements of cooperation programmes under the European territorial cooperation goal to their specific needs. Therefore they also need to cover aspects necessary for effective implementation on the territory of participating Member States, such as the bodies responsible for audit and control, the procedure to set up a joint secretariat, and the allocation of liabilities in case of financial corrections. In addition, due to the horizontal character of interregional cooperation programmes, the content of such cooperation programmes should be adapted, especially as regards the definition of the beneficiary or beneficiaries under the current INTERACT and ESPON programmes.

(18) It is necessary to adapt the content requirements of cooperation programmes under the European territorial cooperation goal to their specific needs and to take account of local development issues. Therefore they also need to cover aspects necessary for effective implementation on the territory of participating Member States, such as the bodies responsible for audit and control, the procedure to set up a joint secretariat, and the allocation of liabilities in case of financial corrections. In addition, due to the horizontal character of interregional cooperation programmes, the content of such cooperation programmes should be adapted, especially as regards the definition of the beneficiary or beneficiaries under the current INTERACT and ESPON programmes.

Justification

Projects developed under the cooperation programme must also be drawn up in accordance with the specific needs of the local areas concerned.

Amendment  7

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Consistent with the goal of smart, sustainable and inclusive growth, the Structural Funds should provide a more integrated and inclusive approach to tackling local problems. In order to strengthen this approach, support from the ERDF support in border regions should be coordinated with support from the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund(EMFF) and should, where appropriate, involve European groupings of territorial cooperation set up under Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) where local development figures among their objectives.

(19) Consistent with the goal of smart, sustainable and inclusive growth, the Structural Funds should provide a more integrated and inclusive approach to tackling local problems, such as the lack of support for transport and tourist infrastructures, the decline of traditional labour production and traditional production methods, and the distance from markets. In order to strengthen this approach, support from the ERDF support in border regions should be coordinated with support from the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund(EMFF) and should, where appropriate, involve European groupings of territorial cooperation set up under Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) where local development figures among their objectives.

Amendment  8

Proposal for a regulation

Article 2 – point 1

Text proposed by the Commission

Amendment

(1) cross-border cooperation between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more Member States or between neighbouring border regions from at least one Member State and one third country on external borders of the Union other than those covered by programmes under the external financial instruments of the Union;

(1) cross-border cooperation and the removal of physical, technical and administrative barriers between adjacent regions to promote integrated regional development between neighbouring land and maritime border regions from two or more Member States or between neighbouring border regions from at least one Member State and one third country on the external borders of the Union;

Justification

Cross-border cooperation will only be efficient and effective if action is taken to remove the physical, technical and administrative barriers that persist at borders.

Amendment  9

Proposal for a regulation

Article 2 – point 3 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) exchange of experience concerning the identification, transfer and dissemination of good practice in relation to tourism and transport networks.

Amendment  10

Proposal for a regulation

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

For transnational cooperation, the Commission shall adopt the list of transnational areas to receive support, broken down by cooperation programme and covering NUTS level 2 regions while ensuring the continuity of such cooperation in larger coherent areas based on previous programmes, by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

For transnational cooperation, the Commission shall adopt the list of transnational areas to receive support, broken down by cooperation programme and covering NUTS level 2 regions, while ensuring the implementation of Union macro-regional strategies and the continuity of transnational cooperation in larger coherent areas based on previous programmes, by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

Amendment  11

Proposal for a regulation

Article 6 – introductory part

Text proposed by the Commission

Amendment

In addition to Article 5 of Regulation (EU) No […]/2012 [the ERDF Regulation], the ERDF shall support the sharing of human resources, facilities and infrastructures across borders under the different investment priorities, as well as the following investment priorities within the thematic objectives:

In addition to Article 5 of Regulation (EU) No […]/2012 [the ERDF Regulation], the ERDF shall support the sharing of human resources, facilities and infrastructures intended to remove the border effect under the different investment priorities, as well as the following investment priorities within the thematic objectives, whilst taking specific circumstances and local needs into account:

Justification

The French translation does not properly convey the idea that the ‘territorial cooperation’ objective of the ERDF is intended to eliminate what is termed the ‘border effect’. It should also be pointed out that there is no single uniform method of implementing this Fund, but attention should be paid to specific circumstances and local needs.

Amendment  12

Proposal for a regulation

Article 6 – point a – point -i (new)

Text proposed by the Commission

Amendment

 

(i) cross-border rebalancing between coastal and inland areas, urban and rural areas and between well linked and remote areas, as well as cross-border structural actions supporting economic, social and territorial cohesion, accessibility, growth, development and attractiveness;

Justification

Economic, social and territorial cohesion is a sine qua non for smart, sustainable and inclusive growth in Europe, but the persistence of territorial imbalances in terms of dynamism and accessibility is hampering this cohesion. To overcome this situation, rebalancing between regions by means of appropriate structural actions needs to feature among the investment priorities.

Amendment  13

Proposal for a regulation

Article 6 – point a – point i

Text proposed by the Commission

Amendment

(i) integrating cross-border labour markets, including cross-border mobility, joint local employment initiatives and joint training (within the thematic objective of promoting employment and supporting labour mobility);

(i) integrating cross-border labour markets, including sustainable cross-border mobility where possible via rail or maritime connections with and between new Member States as well as with neighbouring countries, sustainable tourism, cross-border transport links in line with the trans-European transport networks, the removal of physical, technical and administrative barriers, joint local employment initiatives and joint training (within the thematic objective of promoting employment and supporting labour mobility);

Amendment  14

Proposal for a regulation

Article 6 – point a – point iii a (new)

Text proposed by the Commission

Amendment

 

(iiia) promoting cross-border tourism and joint marketing (as part of the thematic objective of enhancing the competitiveness of small and medium-sized enterprises, the agricultural sector (for the EAFRD) and the fisheries and aquaculture sector (for the EMFF);

Justification

As well as offering benefits in terms of economic policy by increasing competitiveness, joint tourism strategies also make a significant contribution towards the Lisbon Treaty's new 'territorial cohesion' objective.

Amendment  15

Proposal for a regulation

Article 6 – point a – point iv

Text proposed by the Commission

Amendment

(iv) promoting legal and administrative cooperation and cooperation between citizens and institutions (within the thematic objective of enhancing institutional capacity and an efficient public administration);

(iv) promoting legal and administrative cooperation and cooperation between citizens and institutions, including cross-border cooperation between administrations in order to improve communication and consultation of all the stakeholders involved in relation to the needs, planning and development of cross-border infrastructure (within the thematic objective of enhancing institutional capacity and an efficient public administration);

Amendment  16

Proposal for a regulation

Article 6 – point a – point iv a (new)

Text proposed by the Commission

Amendment

 

(iv a) carrying out and promoting actions in the tourism sector intended to develop the areas concerned;

Amendment  17

Proposal for a regulation

Article 6 – point a – point iv b (new)

Text proposed by the Commission

Amendment

 

(iv b) integrating the Union's transport system with the transport systems of the neighbouring states of the Union;

Amendment  18

Proposal for a regulation

Article 6 – point a – point iv c (new)

Text proposed by the Commission

Amendment

 

(iv c) the development of new, as well as improvement or expansion of the existing, transport and tourism infrastructure;

Amendment  19

Proposal for a regulation

Article 6 – point b

Text proposed by the Commission

Amendment

b) under transnational cooperation: development and implementation of macro-regional and sea-basin strategies (within the thematic objective of enhancing institutional capacity and an efficient public administration).

b) under transnational cooperation: development and implementation of macro-regional and sea-basin strategies (within the thematic objective of enhancing institutional capacity, an efficient public administration and targeted actions in the tourism sector).

Amendment  20

Proposal for a regulation

Article 9

Text proposed by the Commission

Amendment

Community-led local development under Article 28 of Regulation (EU) No./2012 [CPR] may be implemented in cross-border cooperation programmes, provided that the local development group is composed of representatives of at least two countries, of which one is a Member State.

Community-led local development under Article 28 of Regulation (EU) No. .../2012 [CPR] may be implemented in cross-border cooperation programmes, provided that the local development group is composed of local representatives of at least two countries, of which one is a Member State.

Amendment  21

Proposal for a regulation

Article 13 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4 a. The Commission shall submit annual implementation reports to the European Parliament and the Council on the harnessing of European regional development funding to meet the territorial cooperation goal.

Amendment  22

Proposal for a regulation

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 17(1) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2. The power to adopt delegated acts referred to in Article 17(1) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Justification

The delegation of power to the Commission should be limited in duration to a period of five years, which may be renewed provided certain conditions are met, such as a report being drawn up, and provided Parliament and the Council have no objections. This amendment takes into account the new standard formulation concerning delegated acts.

Amendment  23

Proposal for a regulation

Annex – table – column 2 – row 10a (new)

Text proposed by the Commission

Amendment

UNIT

UNIT

 

EUR

Amendment  24

Proposal for a regulation

Annex – table – column 3 – row 10a (new)

Text proposed by the Commission

Amendment

NAME

NAME

 

Amount of investment made to improve the accessibility to tourism services for persons with reduced mobility (PRMs)

Amendment  25

Proposal for a regulation

Annex – table – column 2 – row 10b (new)

Text proposed by the Commission

Amendment

UNIT

UNIT

 

EUR

Amendment  26

Proposal for a regulation

Annex – table – column 3 – row 10b (new)

Text proposed by the Commission

Amendment

NAME

NAME

 

Amount of investment in cycling networks

Amendment  27

Proposal for a regulation

Annex – table – column 2 – row 10c (new)

Text proposed by the Commission

Amendment

UNIT

UNIT

 

EUR

Amendment  28

Proposal for a regulation

Annex – table – column 3 – row 10c (new)

Text proposed by the Commission

Amendment

NAME

NAME

 

Amount of investment in natural, cultural, industrial and historical heritage

Amendment  29

Proposal for a regulation

Annex – table – column 2 – row 16a (new)

Text proposed by the Commission

Amendment

UNIT

UNIT

 

number

Amendment  30

Proposal for a regulation

Annex – table – column 3 – row 16a (new)

Text proposed by the Commission

Amendment

NAME

NAME

 

Newly built, reconstructed or upgraded cross-border sections

Amendment  31

Proposal for a regulation

Annex – table – column 2 – row 20a (new)

Text proposed by the Commission

Amendment

UNIT

UNIT

 

number

Amendment  32

Proposal for a regulation

Annex – table – column 3 – row 20a (new)

Text proposed by the Commission

Amendment

NAME

NAME

 

Newly built, reconstructed or upgraded cross-border sections

Amendment  33

Proposal for a regulation

Annex – table – column 2 – row 21a (new)

Text proposed by the Commission

Amendment

UNIT

UNIT

 

percentage

Amendment  34

Proposal for a regulation

Annex – table – column 3 – row 21a (new)

Text proposed by the Commission

Amendment

NAME

NAME

 

Change in modal share of public transport

PROCEDURE

Title

Support from the European Regional Development Fund to the ‘European territorial cooperation’ goal

References

COM(2011)0611 – C7-0326/2011 – 2011/0273(COD)

Committee responsible

       Date announced in plenary

REGI

25.10.2011

 

 

 

Opinion by

       Date announced in plenary

TRAN

25.10.2011

Rapporteur

       Date appointed

Jaromír Kohlíček

21.11.2011

Discussed in committee

27.3.2012

 

 

 

Date adopted

31.5.2012

 

 

 

Result of final vote

+:

–:

0:

37

3

0

Members present for the final vote

Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Jaromír Kohlíček, Georgios Koumoutsakos, Werner Kuhn, Eva Lichtenberger, Gesine Meissner, Mike Nattrass, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, Debora Serracchiani, Laurence J.A.J. Stassen, Keith Taylor, Silvia-Adriana Ţicău, Giommaria Uggias, Thomas Ulmer, Artur Zasada, Roberts Zīle

Substitute(s) present for the final vote

Andrea Cozzolino, Spyros Danellis, Sabine Wils, Janusz Władysław Zemke

Substitute(s) under Rule 187(2) present for the final vote

Patrizia Toia


PROCEDURE

Title

Support from the European Regional Development Fund to the ‘European territorial cooperation’ goal

References

COM(2011)0611 – C7-0326/2011 – 2011/0273(COD)

Date submitted to Parliament

6.10.2011

 

 

 

Committee responsible

       Date announced in plenary

REGI

25.10.2011

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

25.10.2011

CONT

25.10.2011

EMPL

25.10.2011

ENVI

25.10.2011

 

ITRE

25.10.2011

TRAN

25.10.2011

AGRI

25.10.2011

PECH

25.10.2011

 

CULT

25.10.2011

FEMM

25.10.2011

 

 

Not delivering opinions

       Date of decision

EMPL

27.10.2011

ENVI

24.10.2011

ITRE

10.11.2011

AGRI

7.11.2011

 

PECH

22.11.2011

CULT

23.1.2012

FEMM

30.5.2012

 

Rapporteur(s)

       Date appointed

Riikka Pakarinen

21.6.2011

 

 

 

Discussed in committee

22.11.2011

25.1.2012

28.2.2012

20.3.2012

 

8.5.2012

30.5.2012

21.6.2012

11.7.2012

 

26.11.2012

24.1.2013

19.2.2013

19.3.2013

 

23.4.2013

29.5.2013

19.6.2013

 

Date adopted

10.7.2013

 

 

 

Result of final vote

+:

–:

0:

42

1

2

Members present for the final vote

François Alfonsi, Luís Paulo Alves, Catherine Bearder, Jean-Jacob Bicep, Victor Boştinaru, John Bufton, Nikos Chrysogelos, Francesco De Angelis, Tamás Deutsch, Rosa Estaràs Ferragut, Brice Hortefeux, Danuta Maria Hübner, Filiz Hakaeva Hyusmenova, Vincenzo Iovine, María Irigoyen Pérez, Seán Kelly, Mojca Kleva Kekuš, Constanze Angela Krehl, Jacek Olgierd Kurski, Petru Constantin Luhan, Ramona Nicole Mănescu, Vladimír Maňka, Iosif Matula, Erminia Mazzoni, Miroslav Mikolášik, Jens Nilsson, Jan Olbrycht, Wojciech Michał Olejniczak, Younous Omarjee, Markus Pieper, Monika Smolková, Georgios Stavrakakis, Nuno Teixeira, Lambert van Nistelrooij, Oldřich Vlasák, Kerstin Westphal, Hermann Winkler, Joachim Zeller, Elżbieta Katarzyna Łukacijewska

Substitute(s) present for the final vote

Andrea Cozzolino, Karima Delli, Cornelia Ernst, Ivars Godmanis, James Nicholson, Evžen Tošenovský, Giommaria Uggias

Date tabled

24.7.2013

Last updated: 10 October 2013Legal notice