Index 
Texts adopted
Wednesday, 13 February 2019 - Strasbourg
European Fisheries Control Agency ***I
 Computerising the movement and surveillance of excise goods ***I
 Law applicable to the third-party effects of assignments of claims ***I
 Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) ***I
 EU-Singapore Free Trade Agreement ***
 EU-Singapore Free Trade Agreement (resolution)
 EU-Singapore Investment Protection Agreement ***
 EU-Singapore Investment Protection Agreement (resolution)
 EU-Singapore Partnership and Cooperation Agreement ***
 EU-Singapore Partnership and Cooperation Agreement (resolution)
 Treaty establishing the Transport Community ***
 2018 Report on Bosnia and Herzegovina
 Common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those ***I
 Justice programme ***I
 The state of the debate on the Future of Europe
 Non-objection to a delegated act: geographical breakdown levels
 Non-objection to a delegated act: regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts
 Non-objection to a delegated act: date at which the clearing obligation takes effect for certain types of contracts
 Non-objection to a delegated act: date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP
 Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters ***I
 Service in the Member States of judicial and extrajudicial documents in civil or commercial matters ***I
 Common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union ***I
 Common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union ***I
 Aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union ***I
 GATS: necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the EU ***
 Streamlining measures for advancing the realisation of the trans-European transport network ***I
 Insurance of motor vehicles ***I
 Experiencing backlash in women’s rights and gender equality in the EU
 Policy challenges and strategies against women's cancers and related comorbidities
 Use of cannabis for medicinal purposes
 Deliberations of the Committee on Petitions 2018

European Fisheries Control Agency ***I
PDF 123kWORD 44k
Resolution
Text
European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Fisheries Control Agency (codification) (COM(2018)0499 – C8-0313/2018 – 2018/0263(COD))
P8_TA(2019)0084A8-0037/2019

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0499),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0313/2018),

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

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2018(1)

–  having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 103 and 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0037/2019),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;

1.  Adopts its position at first reading, taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

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

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on the European Fisheries Control Agency (codification)

P8_TC1-COD(2018)0263


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/473.)

(1) Not yet published in the Official Journal.
(2) OJ C 102, 4.4.1996, p. 2.


Computerising the movement and surveillance of excise goods ***I
PDF 91kWORD 43k
Decision of the European Parliament of 13 February 2019 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a decision of the European Parliament and of the Council on computerising the movement and surveillance of excise goods (recast) (COM(2018)0341 – C8-0215/2018 – 2018/0187(COD))(1)
P8_TA(2019)0085A8-0010/2019

(Ordinary legislative procedure – recast)

(1) Decision adopted under Rule 59(4), fourth subparagraph, of the Rules of Procedure (A8-0010/2019).


Law applicable to the third-party effects of assignments of claims ***I
PDF 198kWORD 55k
Resolution
Consolidated text
European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the law applicable to the third party effects of assignments of claims (COM(2018)0096 – C8-0109/2018 – 2018/0044(COD))
P8_TA(2019)0086A8-0261/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0096),

–  having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0109/2018),

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

–  having regard to the opinion of the European Central Bank of 18 July 2018(1),

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2018(2),

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

–  having regard to the report of the Committee on Legal Affairs (A8-0261/2018),

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

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

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

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims

P8_TC1-COD(2018)0044


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Central Bank(3),

Having regard to the opinion of the European Economic and Social Committee(4),

Acting in accordance with the ordinary legislative procedure(5),

Whereas:

(1)  The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. For the progressive establishment of such an area, the Union is to adopt measures relating to judicial cooperation in civil matters having cross-border implications to the extent necessary for the proper functioning of the internal market.

(2)  Pursuant to Article 81 of the Treaty, these measures are to include those aimed at ensuring the compatibility of the rules applicable in the Member States concerning the conflict of laws.

(3)  The proper functioning of the internal market requires, in order to improve the predictability of the outcome of litigation, legal certainty as to the law applicable and the free movement and recognition of judgments, for the conflict of law rules in the Member States to designate as the applicable law the same national law irrespective of the Member State of the court in which an action is brought. [Am. 1]

(4)  Regulation (EC) No 593/2008 of the European Parliament and of the Council(6) does not cover the questions of third-party effects of assignment of claims. However, Article 27(2) of that Regulation required the Commission to submit to the European Parliament, the Council and the European Economic and Social Committee a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person which should be accompanied, if appropriate, by a proposal to amend that Regulation and an assessment of the impact of the provisions to be introduced.

(5)  On 18 February 2015 the Commission adopted a Green Paper on Building a Capital Markets Union which stated that achieving greater legal certainty in cases of cross-border transfer of claims and the order of priority of such transfers, particularly in cases of insolvency, is an important aspect in developing a pan-European market in securitisation and financial collateral arrangements, and also of other activities such as factoring.

(6)  On 30 September 2015 the Commission adopted a Communication with an Action Plan on Building a Capital Markets Union. This Capital Markets Union Action Plan noted that differences in the national treatment of third-party effects of assignment of debt claims complicate the use of these instruments as cross-border collateral, concluding that this legal uncertainty frustrates economically significant financial operations, such as securitisations. The Capital Markets Union Action Plan announced that the Commission would propose uniform rules to determine with legal certainty which national law should apply to the third-party effects of the assignment of claims.

(7)  On 29 June 2016 the Commission adopted a report on the appropriateness of Article 3(1) of Directive 2002/47/EC of the European Parliament and of the Council(7) on financial collateral arrangements focusing on the question whether this Directive works effectively and efficiently as regards formal acts required to provide credit claims as collateral. The report concluded that a proposal of uniform rules regarding the third-party effects of assignment of claims would allow determining with legal certainty which national law should apply to the third-party effects of the assignment of claims, which would contribute to achieving greater legal certainty in cases of cross-border mobilisation of credit claims as collateral.

(8)  On 29 September 2016 the Commission adopted a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person. The report concluded that uniform conflict of law rules governing the effectiveness of assignments against third parties as well as questions of priority between competing assignees or between assignees and other right holders would enhance legal certainty and reduce practical problems and legal costs relating to the current diversity of approaches in the Member States.

(9)  The substantive scope and the provisions of this Regulation should be consistent with Regulation (EC) No 864/2007 of the European Parliament and of the Council(8), Regulation (EC) No 593/2008 and Regulations (EU) No 1215/2012(9), and (EU) 2015/848 of the European Parliament and of the Council(10). The interpretation of this Regulation should as much as possible avoid regulatory gaps between these instruments.

(10)  This Regulation implements the Capital Markets Union Action Plan. It also fulfils the requirement laid down in Article 27(2) of the Rome I Regulation that the Commission should publish a report and, if appropriate, a proposal on the effectiveness of an assignment of a claim against third parties and the priority of the assignee over the right of another person.

(11)  ConflictNo harmonised set of rules on the conflict of laws rules governing the third-party (or proprietary) effects of assignments of claims do not currently exist at Union level. These conflict of laws rules are laid down at Member State level, but they are inconsistent and often - being based on different connecting factors to determine the applicable law - and therefore unclear, especially in those countries where such rules are not governed by separate legislative provisions. In cross-border assignments of claims, the inconsistency of national conflict of laws rules leads to legal uncertainty as to which law applies to the third-party effects of the assignments. The lack of legal certainty creates a legal risk in cross-border assignments of claims which does not exist in domestic assignments as different national substantive rules may be applied depending on the Member State whose courts or authorities assess a dispute as to the legal title over the claims; implicitly, the outcome of a priority conflict as to who owns a claim further to a cross-border assignment will vary, depending on the national law applied. [Am. 2]

(12)  If assignees are not aware of the legal risk or choose to ignore it, they may face unexpected financial losses. Uncertainty about who has legal title over the claims assigned on a cross-border basis can have knock-on effects and deepen and prolong the impact of a financial crisis. If assignees decide to mitigate the legal risk by seeking specific legal advice, they will incur higher transaction costs not required for domestic assignments. If assignees are deterred by the legal risk and choose to avoid it, they may forego business opportunities and market integration may be reduced. [Am. 3]

(12a)   This legal risk can also act as a deterrent. Assignees and assignors may choose to avoid it, thereby allowing business opportunities to pass. This lack of clarity does not therefore appear to be in line with the objective of market integration and the principle of free movement of capital enshrined in Articles 63 to 66 Treaty on the Functioning of the European Union. [Am. 4]

(13)  The objective of this Regulation is to provide legal certainty by laying down common conflict of laws rules designating which national law applies to the third-party effects of assignments of claims, increasing cross-border claims transactions, so as to encourage cross-border investment in the Union and facilitate access to finance for firms - including small and medium-sized enterprises (SMEs) - and consumers. [Am. 5]

(14)  A claim gives a creditor a right to the payment of a sum of money or the performance of an obligation by the debtor. The assignment of a claim enables the creditor (assignor) to transfer his right to claim the debt against a debtor to another person (assignee). The laws that govern the contractual relationship between the creditor and the debtor, between the assignor and the assignee and between the assignee and the debtor are designated by the conflict of laws rules laid down in the Rome I Regulation.

(14a)   This Regulation is not intended to alter the provisions of Regulation (EC) No 593/2008 regarding the proprietary effect of a voluntary assignment as between assignor and assignee or as between assignee and debtor. [Am. 6]

(15)  The conflict of laws rules laid down in this Regulation should govern the proprietary effects of assignments of claims as between all parties involved in the assignment (that is, between the assignor and the assignee and between the assignee and the debtor) as well as in respect of third parties, for example, a creditor of the assignor, excluding the debtor. [Am. 7]

(16)  The claims covered by this Regulation are include trade receivables, claims arising from financial instruments as defined in Directive 2014/65/EU of the European Parliament and of the Council(11) and cash credited to an account in a credit institution. Financial instruments as defined in Directive 2014/65/EU include securities and derivatives traded on financial markets. While securities are assets, derivatives are contracts which include both rights (or claims) and obligations for the parties to the contract. [Am. 8]

(17)  This Regulation concerns the third-party effects of the assignment of claims. It does not In particular, it covers the transfer of the contracts (such as derivative contracts), in which both rights (or claims) and obligations are included, and the novation of contracts including such rights and obligations. As this Regulation does not cover the transfer or the novation of contracts, trading in financial instruments, as well as the clearing and the settlement of these instruments, will continue to be governed by the law applicable to contractual obligations as laid down in the Rome I Regulation. This law is normally chosen by the parties to the contract or is designated by non-discretionary rules applicable to financial markets. [Am. 9]

(18)  Matters governed by the Financial Collateral Directive Directive 2002/47/EC, the Settlement Finality Directive Directive 98/26/EC of the European Parliament and of the Council(12), the Winding-Up Directive Directive 2001/24/EC of the European Parliament and of the Council(13) and the Registry Regulation Commission Regulation (EU) No 389/2013(14) should not be affected by this Regulation, since the scope of the conflict of laws rules contained in this Regulation and that of the conflict of laws rules contained in those three Directives do not overlap. [Am. 10]

(19)  This Regulation should be universal: the law designated by this Regulation should apply even if it is not the law of a Member State.

(20)  Predictability is essential for third parties interested in acquiring legal title over the assigned claim. Applying the law of the country where the assignor has its habitual residence to the third-party effects of assignments of claims enables the third parties concerned to easily know in advance which national law will govern their rights. The law of the assignor’s habitual residence should thus apply as a rule to the third-party effects of assignments of claims. This rule should apply, in particular, to the third-party effects of the assignment of claims in factoring, collateralisation and, where the parties have not chosen the law of the assigned claim, securitisation.

(21)  The law chosen as a rule to apply to the third-party effects of assignments of claims should enable the determination of the applicable law where future claims are assigned, a common practice where multiple claims are assigned, such as in factoring. The application of the law of the assignor’s habitual residence enables the determination of the law applicable to the third-party effects of the assignment of future claims.

(22)  The need to determine who has legal title over an assigned claim often arises when defining the insolvency estate where the assignor becomes insolvent. Coherence between the conflict of laws rules in this Regulation and those laid down in Regulation (EU) 2015/848 on insolvency proceedings is therefore desirable. Coherence should be achieved through the application as a rule of the law of the assignor’s habitual residence to the third-party effects of assignments of claims, as the use of the assignor’s habitual residence as connecting factor coincides with the debtor’s centre of main interest used as connecting factor for insolvency purposes.

(23)  The 2001 United Nations Convention on the Assignment of Receivables in International Trade provides that the priority of the right of an assignee in the assigned receivable over the right of a competing claimant is governed by the law of the State in which the assignor is located. The compatibility between the Union conflict of laws rules laid down in this Regulation and the solution favoured at the international level by the Convention should facilitate the resolution of international disputes.

(24)  Where the assignor changes its habitual residence between multiple assignments of the same claim, the applicable law should be the law of the assignor’s habitual residence at the time at which one of the assignees first makes his assignment effective against third parties by completing the requirements under the law applicable on the basis of the assignor's habitual residence at that time.

(25)  In accordance with market practice and the needs of market participants, the third-party effects of certain assignments of claims should, as an exception, be governed by the law of the assigned claim, that is, the law that governs the initial contract between the creditor and the debtor from which which gives rise to the claim arises. [Am. 11]

(26)  The law of the assigned claim should govern the third-party effects of the assignment by an account holder of cash credited to an account in a credit institution, where the account holder is the creditor/assignor and the credit institution is the debtor. Greater predictability is provided to third parties, such as creditors of the assignor and competing assignees, if the law of the assigned claim applies to the third-party effects of these assignments as it is generally assumed that the claim that an account holder has over cash credited to an account in a credit institution is governed by the law of the country where the credit institution is located (rather than by the law of the habitual residence of the account holder/assignor). This law is normally chosen in the account contract between the account holder and the credit institution.

(27)  The third-party effects of the assignment of claims arising from financial instruments should also be subject to the law governing the assigned claim, that is, the law governing the contract from which the claim arises (such as a derivative contract). Subjecting the third-party effects of assignments of claims arising from financial instruments to the law of the assigned claim rather than the law of the assignor’s habitual residence is essential to preserve the stability and smooth functioning of financial markets. These are preserved as the law that governs the financial instrument from which the claim arises is the law chosen by the parties to the contract or the law determined in accordance with non-discretionary rules applicable to financial markets.

(28)  Flexibility should be provided in the determination of the law applicable to the third-party effects of assignments of claims in the context of a securitisation in order to cater for the needs of all securitisers and facilitate the expansion of the cross-border securitisation market to smaller operators. Whilst the law of the assignor’s habitual residence should apply as the default rule to the third-party effects of assignments of claims in the context of a securitisation, the assignor (originator) and the assignee (special purpose vehicle) should be able to choose that the law of the assigned claim should apply to the third-party effects of the assignment of claims. The assignor and the assignee should be able to decide that the third-party effects of the assignment of claims in the context of a securitisation should remain subject to the general rule of the assignor’s habitual residence or to choose the law of the assigned claim in function of the structure and characteristics of the transaction, for example the number and location of the originators and the number of laws which govern the assigned claims. [Am. 12]

(29)  Priority conflicts between assignees of the same claim may arise where the third-party effects of the assignment have been subject to the law of the assignor’s habitual residence in one assignment and to the law of the assigned claim in another assignment. In such cases, the law applicable to resolve the priority conflict should be the law applicable to the third-party effects of the assignment of the claim which has first become effective against third parties under its applicable law. Where both assignments of claims become effective against third parties at the same time, the law of the assignor’s habitual residence should prevail. [Am. 13]

(30)  The scope of the national law designated by this Regulation as the law applicable to the third-party effects of an assignment of claims should be uniform. The national law designated as applicable should govern in particular (i) the effectiveness of the assignment against third parties, that is, the steps and procedures that need to be taken followed by the assignee in order to ensure that he acquires legal title over the assigned claim (for example, registering the assignment with a public authority or registry, or notifying the debtor in writing of the assignment); and (ii) priority issues, that is, the resolution of conflicts between several claimants as to who has title over the claim following a cross-border assignment (for example, between two assignees where the same claim has been assigned twice, or between an assignee and a creditor of the assignor). [Am. 14]

(31)  Given the universal character of this Regulation, the laws of countries with different legal traditions may be designated as the applicable law. Where, further to the assignment of a claim, the contract from which the claim arises is transferred, the law designated by this Regulation as the law applicable to the third-party effects of a claim assignment should also govern a priority conflict between the assignee of the claim and the new beneficiary of the same claim further to the transfer of the contract from which the claim arises. For the same reason, the law designated by this Regulation as the law applicable to the third-party effects of a claim assignment should also apply, where novation is used as a functional equivalent of the transfer of a contract, to resolve a priority conflict between an assignee of a claim and the new beneficiary of the functionally equivalent claim further to the novation of the contract from which the claim arises.

(32)  Considerations of public interest justify giving the courts of the Member States the possibility, in exceptional circumstances, of applying exceptions based on public policy and overriding mandatory provisions, which should be interpreted restrictively.

(33)  Respect for international commitments entered into by the Member States means that this Regulation should not affect international conventions to which one or more Member States are parties at the time when this Regulation is adopted. To make the rules more accessible, the Commission should publish the list of the relevant conventions in the Official Journal of the European Union on the basis of information supplied by the Member States.

(34)  This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to promote the application of Articles 17 and 47 concerning, respectively, the right to property and the right to an effective remedy and to a fair trial, as well as Article 16 concerning the freedom to conduct a business. [Am. 15]

(35)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale and effects of this Regulation, 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. The desired uniformity of the conflict of laws rules on the third-party effects of assignments of claims can only be achieved through a Regulation as only a Regulation ensures a consistent interpretation and application of the rules at national level. 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 that objective.

(36)  In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and are/is not bound by it or subject to its application].

(37)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

1.  This Regulation shall apply, in situations involving a conflict of laws, to the third-party effects of assignments of claims in civil and commercial matters other than third-party effects to the debtor of the claim assigned. [Am. 16]

It shall not apply, in particular, to revenue, customs or administrative matters.

1a.   This Regulation is without prejudice to Union and national law on consumer protection. [Am. 17]

2.  The following shall be excluded from the scope of this Regulation:

(a)  assignment of claims arising from family relationships and relationships deemed by the law applicable to such relationships to have comparable effects, including maintenance obligations;

(b)  assignment of claims arising from matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and including registered partnerships, wills and succession; [Am. 18]

(c)  assignment of claims arising from bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character;

(d)  assignment of claims arising from questions governed by the law of companies and other bodies, corporate or unincorporated, such as the creation, by registration or otherwise, legal capacity, internal organisation or winding-up of companies and other bodies, corporate or unincorporated, and the personal liability of officers and members as such for the obligations of the company or body;

(e)  assignment of claims arising from the constitution of trusts and the relationship between settlors, trustees and beneficiaries;

(f)  assignment of claims arising from life insurance contracts arising out of operations carried out by organisations other than undertakings referred to in Article 2(1) and (3) of Directive 2009/138/EC of the European Parliament and of the Council(15) the object of which is to provide benefits for employed or self-employed persons belonging to an undertaking or group of undertakings, or to a trade or group of trades, in the event of death or survival or of discontinuance or curtailment of activity, or of sickness related to work or accidents at work.

(fa)  assignment of claims in the course of a collective proceeding under Regulation (EU) 2015/848. [Am. 19]

Article 2

Definitions

For the purposes of this Regulation:

(a)  ‘assignor’ means a person who transfers his right to claim a debt against a debtor to another person;

(b)  ‘assignee’ means a person who obtains the right to claim a debt against a debtor from another person;

(c)  ‘assignment’ means a voluntary transfer of a right to claim a debt against a debtor. It includes outright transfers of claims, contractual subrogation, transfers of claims by way of security and pledges or other security rights over claims;

(d)  ‘claim’ means the right to claim a debt of whatever nature, whether monetary or non-monetary, and whether arising from a contractual or a non-contractual obligation;

(e)  'third-party effects' means proprietary effects, that is, the right of the assignee to assert his legal title over a claim assigned to him towards other assignees or beneficiaries of the same or functionally equivalent claim, creditors of the assignor and other third parties, excluding the debtor; [Am. 20]

(f)  ‘habitual residence’ means, for companies and other bodies, corporate or unincorporated, the place of central administration; for a natural person acting in the course of his business activity, his principal place of business;

(g)  ‘credit institution’ means an undertaking as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council(16), including branches, within the meaning of point (17) of Article 4(1) of that Regulation, of credit institutions having their head offices inside or, in accordance with Article 47 of Directive 2013/36/EU of the European Parliament and of the Council(17), outside the Union where such branches are located in the Union;

(h)  ‘cash’ means money credited to an account in a credit institution in any currency; [Am. 21]

(i)  ‘financial instrument’ means those instruments specified in Section C of Annex I of Directive 2014/65/EU of the European Parliament and of the Council(18).

CHAPTER II

UNIFORM RULES

Article 3

Universal application

Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.

Article 4

Applicable law

1.  Unless otherwise provided for in this Article, the third-party effects of an assignment of claims shall be governed by the law of the country in which the assignor has its habitual residence at the material time of the conclusion of the assignment contract.

Where the assignor has changed its habitual residence between two assignments of the same claim to different assignees, the priority of the right of an assignee over the right of another assignee shall be governed by the law of the habitual residence of the assignor at the time of the assignment which first became effective against other third parties under the law designated as applicable pursuant to the first subparagraph.

2.  The Notwithstanding paragraph 1 of this Article, the law applicable to the assigned claim shall govern the third-party effects of the assignment of:

(a)  cash money credited to an account in a credit institution;

(b)  claims arising from financial instrument instruments.

3.  The assignor and the assignee may choose the law applicable to the assigned claim as the law applicable to the third-party effects of an assignment of claims in view of a securitisation.

The choice of law shall be made expressly in the assignment contract or by a separate agreement. The substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law.

4.  A priority conflict between assignees of the same claim where the third-party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third-party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third-party effects of the assignment of the claim which first became effective against third parties under its applicable law. Where both assignments become effective against third parties at the same time, the law of the country in which the assignor’s habitual residence is situated shall prevail. [Am. 22]

Article 5

Scope of the applicable law

The law applicable to the third-party effects of assignment of claims pursuant to this Regulation shall govern, in particular:

(a)  the requirements to ensure the effectiveness of the assignment against third parties other than the debtor, such as registration or publication formalities;

(b)  the priority of the rights of the assignee over the rights of another assignee of the same claim;

(c)  the priority of the rights of the assignee over the rights of the assignor’s creditors;

(d)  the priority of the rights of the assignee over the rights of the beneficiary of a transfer of contract in respect of the same claim;

(e)  the priority of the rights of the assignee over the rights of the beneficiary of a novation of contract against the debtor in respect of the equivalent claim.

Article 6

Overriding mandatory provisions

1.  Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the forum.

2.  Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the third-party effects of assignments of claims pursuant to this Regulation.

2a.  Effect shall be given to the overriding mandatory provisions of the law of the Member State where the assignment has to be or has been performed, insofar as those overriding mandatory provisions render the performance of the assignment contract unlawful. [Am. 23]

CHAPTER III

OTHER PROVISIONS

Article 7

Public policy (ordre public)

The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum.

Article 8

Exclusion of renvoi

The application of the law of any State specified by this Regulation means the application of the rules of law in force in that State other than its rules of private international law.

Article 9

States with more than one legal system

1.  Where a State comprises several territorial units, each of which has its own rules of law in respect of the third-party effects of assignments of claims, each territorial unit shall be considered as a State for the purposes of identifying the law applicable under this Regulation.

2.  A Member State which comprises several territorial units each of which has its own rules of law in respect of the third-party effects of assignments of claims shall not be required to apply this Regulation to conflicts of laws arising between such units only.

Article 10

Relationship with other provisions of Union law

This Regulation shall not prejudice the application of provisions of Union law which, in relation to particular matters, lay down conflict of laws rules relating to the third-party effects of assignments of claims.

Article 11

Relationship with existing international conventions

1.  This Regulation shall not prejudice the application of international conventions to which one or more Member States are parties at the time when this Regulation is adopted and which lay down conflict of laws rules relating to the third-party effects of assignments of claims.

2.  However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.

Article 12

List of Conventions

1.  By [date of application], Member States shall notify the Commission of the conventions referred to in Article 11(1). After that date, Member States shall notify the Commission of all denunciations of such conventions.

2.  Within six months of receipt of the notifications referred to in paragraph 1, the Commission shall publish in the Official Journal of the European Union:

(a)  a list of the conventions referred to in paragraph 1;

(b)  the denunciations referred to in paragraph 1.

Article 13

Review clause

By … [five years after the date of application], the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation. If appropriate, the report shall be accompanied by proposals to amend this Regulation.

Article 14

Application in time

1.  This Regulation shall apply to assignments of claims concluded on or after … [date of application].

2.  The law applicable pursuant to this Regulation shall determine whether the rights of a third party in respect of a claim assigned after the date of application of this Regulation have priority over the rights of another third person acquired before this Regulation becomes applicable. In the case of competing claims based on assignments, the law applicable pursuant to this Regulation shall determine the rights of the respective assignees, solely in respect of assignments concluded after ... [the date of application of this Regulation]. [Am. 24]

Article 15

Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from … [18 months from date of entry into force].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

(1) OJ C 303, 29.8.2018, p. 2.
(2) OJ C 367, 10.10.2018, p. 50.
(3) OJ C 303, 29.8.2018, p. 2.
(4)OJ C 367, 10.10.2018, p. 50.
(5) Position of the European Parliament of 13 February 2019.
(6) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).
(7) Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).
(8)Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31.7.2007, p. 40).
(9)Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(10)Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).
(11) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
(12)Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).
(13)Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ L 125, 5.5.2001, p. 15).
(14)Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (OJ L 122, 3.5.2013, p. 1).
(15) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
(16)Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 176, 27.6.2013, p. 1.
(17)Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, OJ L 176, 27.6.2013, p. 338.
(18)Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173, 12.6.2014, p. 349.


Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV programme') (COM(2018)0369 – C8-0240/2018 – 2018/0194(COD))
P8_TA(2019)0087A8-0069/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0369),

–  having regard to Article 294(2) and Article 133 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0240/2018),

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

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0069/2019),

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

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

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

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV programme')

P8_TC1-COD(2018)0194


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 133 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Central Bank(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1)  The Union and the Member States have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency. Those measures include protecting the euro against counterfeiting and related fraud, thus empowering to ensure the effectiveness of the Union’s economy and securing secure the sustainability of public finances. [Am. 1]

(2)  Council Regulation (EC) No 1338/2001(3) provides for exchanges of information, cooperation and mutual assistance, thereby establishing a harmonised framework for the protection of the euro. The effects of that Regulation were extended by Council Regulation (EC) No 1339/2001(4) to those Member States which have not adopted the euro as their single currency, so as to provide an equivalent level of protection for the euro throughout the Union.

(3)  Actions with the aim of promoting exchanges of information and staff, technical and scientific assistance and specialised training help significantly to protect the Union’s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the Union, whilst demonstrating the Union’s ability to tackle serious organised crime. Such actions also help addressing the common challenges and links with money laundering and organised crime. [Am. 2]

(4)  A programme for the protection of the euro against counterfeiting contributes to raising the awareness of Union citizens, increasing their confidence in that currency and improving the protection of the euro, especially through the constant dissemination of results of actions supported by that programme. [Am. 3]

(4a)   Sound protection of the euro against counterfeiting is a key component of a secure and competitive EU economy, and directly linked to the EU objective of improving the efficient functioning of the Economic and Monetary Union. [Am. 4]

(5)  Past support for such actions, through Council Decisions 2001/923/EC(5) and 2001/924/EC(6), which were subsequently amended and extended by Council Decisions 2006/75/EC(7), 2006/76/EC(8), 2006/849/EC(9), 2006/850/EC(10) and Regulation (EU) No 331/2014 of the European Parliament and of the Council(11), has made it possible to enhance the actions of the Union and the Member States in the field of the protection of the euro against counterfeiting. The objectives of the programme for the protection of the euro against counterfeiting (‘the Pericles programme’) for the periods 2002-2006, 2007-2013 and 2014 until 2017(12) have been successfully achieved.

(6)  Contrary to standard procedure, a separate impact assessment of the Programme was not carried out. This can be partly explained by the fact that in 2017 the Commission carried out a mid-term evaluation of the Programme, supported by an independent report(13). Although the report is generally positive about the Programme, it expresses concerns about the limited number of competent authorities participating in the activities of the Programme and the quality of the key performance indicators used for measuring the results of the Programme. In the its Communication to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme and its ex ante evaluation in the form of a Staff Working Document accompanying its proposal (COM(2018)0369), the Commission came to the conclusion that the continuation of the Pericles 2020 programme Programme beyond 2020 should be supported, given its EU Union added value, its long-term impact and the sustainability of its actions and contribution to combating organised crime. [Am. 5]

(7)  The advice contained in the mid-term evaluation was that actions financed under the Pericles 2020 Programme should be continued, taking into account possibilities while addressing the need to simplify the submitting of applications, to encourage differentiation of beneficiaries and the participation of a maximum of competent authorities from various countries in the activities of the Programme, to continue focusing on emerging and recurrent counterfeiting threats and to streamline the key performance indicators. [Am. 6]

(7a)   Counterfeiting hotspots have been detected in third countries and the counterfeiting of the euro is acquiring a growing international dimension; therefore, capacity building and training activities involving the competent authorities of third countries should be considered essential to achieve the effective protection of the Union´s single currency and should be further encouraged in the context of the Programme. [Am. 7]

(8)  Therefore a new Programme for the period 2021-2027 (the ‘Pericles IV programme’) should be adopted. It should be ensured that the Pericles IV programme is consistent with, and complementary to, other relevant programmes and actions. The Commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved, in particular the competent national authorities designated by the Member States, the European Central Bank and Europol, within the committee referred to in Regulation (EC) No 1338/2001, particularly as regards exchanges, assistance and training, for the purpose of the application of the Pericles IV programme. Moreover, the Commission should draw on the vast experience of the European Central Bank in relation to the conduct of training and the provision of information on counterfeit euro banknotes when implementing the programme. [Am. 8]

(9)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(10)  This Regulation complies with the principles of added value and proportionality. The Pericles IV programme should facilitate cooperation among the Member States and between the Commission and the Member States in order to protect the euro against counterfeiting, without impinging on Member States’ responsibilities, and using resources more efficiently than could be done at national level. Action at Union level is necessary and justified as it clearly assists Member States in collectively protecting the euro and encourages the use of common Union structures to increase cooperation and timely and comprehensive information exchange between competent authorities. [Am. 9]

(11)  The Pericles IV programme should be implemented in accordance with the multiannual financial framework laid down in ... [reference to the post 2020 MFF Regulation Council Regulation (EU, Euratom) …/2018].

(12)  In order to ensure uniform conditions for the implementation of the Pericles IV programme, implementing powers supplement and amend non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferred on delegated to the Commission in respect of work programmes as provided for in Article 10 and indicators as provided for in Article 12 and the Annex. The Commission should adopt annual work programmes setting out the priorities, the budget breakdown and the evaluation criteria for the grants for actions. The exceptional and duly justified cases, in which an increase in co-financing is necessary in order to give the Member States greater economic flexibility, thus enabling them to carry out and complete projects to protect and safeguard the euro in a satisfactory manner, should be part of the annual work programmes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(14). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 10]

(13)  This Regulation lays down a financial envelope for the Pericles IV programme which is to constitute the prime reference amount, within the meaning of ... [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management], for the European Parliament and the Council during the annual budgetary procedure.

(14)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013(15) of the European Parliament and of the Council, Council Regulation (Euratom, EC) No 2185/96(16) and Council Regulation (EU) 2017/1939(17), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council(18). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests and grant the necessary rights and access to the Commission, OLAF, the EPPO, and the European Court of Auditors (ECA).

(15)  The Commission should present to the European Parliament and to the Council a mid-term evaluation report on the implementation of the Pericles IV programme and a final evaluation report on the achievement of its objectives.

(16)  Regulation (EU) No 331/2014 should therefore be repealed.

(17)  It is appropriate to ensure a smooth transition without interruption between the Pericles 2020 programme and the Pericles IV programme and it is appropriate to align the duration of the Pericles IV programme with Council Regulation (EU, Euratom) .../... [laying down the multiannual financial framework for the years 2021-2027] .Therefore, the Pericles IV programme should apply from 1 January 2021,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes the Pericles IV Programme, an exchange, assistance and training programme for the protection of the euro against counterfeiting ('the Programme').

It lays down the objectives of the Programme, the budget for the period from 1 January 2021 to 31 December 2027, the forms of Union funding and the rules for providing such funding.

Article 2

Programme objectives

1.  The Programme has the following general objective:

To prevent and combat counterfeiting and related fraud, thus enhancing the competitiveness of preserving the integrity of the euro banknotes and coins, which strengthens the trust of citizens and business in the genuineness of these banknotes and coins therefore enhances the trust in the Union’s economy and, while securing the sustainability of public finances. [Am. 11]

2.  The Programme has the following specific objective:

To protect euro banknotes and coins against counterfeiting and related fraud, by supporting and supplementing the measures undertaken by the Member States and assisting the competent national and Union authorities in their efforts to develop among themselves and with the Commission a close and regular cooperation and an exchange of best practice, where appropriate including third countries and international organisations.

Article 3

Budget

1.  The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 7 700 000(19) (in current prices). [Am. 12]

2.  The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework.

3.  The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems.

Article 4

Implementation and forms of EU funding

1.  The Programme shall be implemented in direct management in accordance with [latest version of the Financial Regulation, Regulation (EU, Euratom) No 966/2012(20).]

2.  The Programme shall be implemented by the Commission in cooperation with the Member States, through regular consultations at different stages of the implementation of the Programme, taking into account whilst ensuring consistency and avoiding unnecessary duplication with relevant measures undertaken by other competent entities, in particular the European Central Bank and Europol. To this effect, when preparing the work programmes pursuant to Article 10, the Commission shall take into account existing and planned ECB and Europol activities against euro counterfeiting and fraud. [Am. 13]

3.  Financial support under the Programme for eligible actions listed in Article 6 shall take the form of either:

grants; or

public procurement.

Article 5

Joint actions

1.  Actions under the Programme may be organised jointly by the Commission and other partners having relevant expertise, such as:

(a)  the national central banks and the European Central Bank (ECB);

(b)  the National Analysis Centres (NACs) and the Coin National Analysis Centres (CNACs);

(c)  the European Technical and Scientific Centre (ETSC) and the mints;

(d)  Europol, Eurojust and Interpol;

(e)  the national central anti-counterfeiting offices provided for in Article 12 of the International Convention for the Suppression of Counterfeiting Currency signed at Geneva on 20 April 1929(21) and other agencies specialising in prevention, detection and law-enforcement in connection with counterfeiting;

(f)  specialist bodies concerned in the field of duplication and certification technologies, printers and engravers;

(g)  bodies other than those referred to in points (a) to (f) offering specific expertise, including, where appropriate, such bodies from third countries and in particular from acceding States and candidate countries; and

(h)  private entities that have developed and provided evidence of technical knowledge and teams specialising in detecting counterfeit banknotes and coins.

2.  Where eligible actions are organised jointly by the Commission and the ECB, Eurojust, Europol or Interpol, the ensuing expenses shall be divided among them. In any event, each of them shall bear the travel and accommodation costs of its own guest speakers.

CHAPTER II

ELIGIBILITY

Article 6

Eligible actions

1.  The Programme shall provide, under the conditions set out in the annual work programmes referred to in Article 10, financial support for the following actions:

(a)  exchange and dissemination of information, in particular through organising workshops, meetings and seminars, including training, targeted placements and exchanges of staff of competent national authorities and other similar actions. The exchange of information shall, among others, be targeted at:

–  best practices in preventing counterfeiting and fraud relating to the euro; [Am. 14]

–  methodologies for monitoring and analysing the economic and financial impact of counterfeiting;

–  operation of databases and early warning systems;

–  use of detection tools with computer back-up; [Am. 15]

–  enquiry and investigation methods;

–  scientific assistance, including monitoring of new developments;

–  protection of the euro outside the Union;

–  research actions;

–  provision of specific operational expertise;

(b)  technical, scientific and operational assistance, as appears necessary as part of the Programme including in particular:

–  any appropriate measure which establishes teaching resources at Union level, such as a handbook of Union legislation, information bulletins, practical manuals, glossaries and lexicons, databases, especially in the area of scientific assistance or technology watch or computer support applications, such as software;

–  relevant studies with a multidisciplinary and transnational dimension, including research on innovative security features;

–  development of technical support instruments and methods to facilitate detection actions at Union level;

–  support for cooperation in operations involving at least two States when such support is not cannot be made available from other programmes of European institutions and bodies; [Am. 16]

(c)  the purchase of equipment to be used by specialised anti-counterfeiting authorities of third countries for protecting the euro against counterfeiting, in compliance with Article 10(3).

2.  The Programme shall take into account the transnational and multidisciplinary aspects of the fight against counterfeiting by targeting the participation of the following groups:

(a)  staff of agencies engaged in detecting and combating counterfeiting, in particular police forces, customs and financial administrations, depending on their specific functions at national level;

(b)  intelligence personnel;

(c)  representatives of the national central banks, the mints, commercial banks and other financial intermediaries, in particular as regards the obligations of financial institutions;

(d)  judicial officers, specialist lawyers and members of the judiciary in this field;

(e)  any other group of specialists concerned, such as chambers of commerce and industry or comparable structures capable of providing access to small and medium-sized enterprises, retailers and cash-in-transit companies.

3.  The groups referred to in paragraph 2 of this Article may include participants from third countries if that is important for the fulfilment of the objectives provided for in Article 2. [Am. 17]

CHAPTER III

GRANTS

Article 7

Grants

Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

For actions implemented through grants, the purchase of equipment shall not be the sole component of the grant agreement.

Article 8

Co-financing rates

The co-financing rate for grants awarded under the Programme shall not exceed 75 % of the eligible costs. In exceptional and duly justified cases, defined in the annual work programmes referred to in Article 10, the co-financing rate shall not exceed 90 % of the eligible costs.

Article 9

Eligible entities

Entities eligible for funding under the Programme shall be the competent national authorities as defined in point (b) of Article 2 of Regulation (EC) No 1338/2001.

CHAPTER IV

PROGRAMMING, MONITORING, EVALUATION AND CONTROL

Article 10

Work programmes

1.  The Programme shall be implemented by Commission is empowered to adopt delegated acts in accordance with Article 11 to adopt work programmes as referred to in Article 110 of Financial Regulation. [Am. 18]

2.  For grants, in addition to the requirements laid down in Article 108 of the Financial Regulation, the work programme shall specify the essential selection and award criteria and the maximum possible rate of co-financing.

Article 11

Exercise of delegation

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

2.  The delegation of power referred to in Article Articles 10(1) and 12(2) shall be conferred on the Commission from 1 January 2021 until 31 December 2027. [Am. 19]

3.  The delegation of power referred to in Article Articles 10(1) and 12(2), may be revoked at any time by the European Parliament or 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. [Am. 20]

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016, as well as representatives from the ECB and Europol. [Am. 21]

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

6.  A delegated act adopted pursuant to Article 12(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three 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 three months at the initiative of the European Parliament or the Council.

Article 12

Monitoring

1.  Indicators to report on progress of the Programme towards the achievement of the specific objective set out in Article 2 are set out in the Annex to this proposal.

2.  To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 11, to develop the provisions for a monitoring and evaluation framework, including through amendments to the Annex to review and complement the indicators where necessary for the purposes of evaluation.

3.  The Commission shall provide annual information on the results of the Programme to the European Parliament and to, the Council, the European Central Bank, Europol, Eurojust, and the European Public Prosecutor’s Office (EPPO), taking into account the quantitative and qualitative indicators set out in the Annex to this proposal. [Am. 22]

4.  The participating countries and other beneficiaries shall provide the Commission with all the data and information necessary to permit the monitoring and evaluation of the Programme.

Article 13

Evaluation

1.  The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation.

2.  At the end of the implementation of the Programme, but no later than two years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

3.  The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council and, the European Central Bank, Europol, Eurojust and the European Public Prosecutor’s Office. [Am. 23]

CHAPTER V

FINAL PROVISIONS

Article 14

Information, communication and publicity

1.  The recipients of Union funding shall acknowledge the origin and ensure the transparency and visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. [Am. 24]

2.  The Commission shall implement information and communication actions relating to the Programme, and to its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, in so far as they are related to the objectives referred to in Article 2.

Article 15

Repeal

Regulation (EU) No 331/2014 is repealed with effect from 1 January 2021.

Article 16

Transitional provisions

This Regulation shall not affect the continuation or modification of the actions concerned, under Regulation (EU) No 331/2014, which shall continue to apply to the actions concerned until their closure.

Article 17

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX

INDICATORS FOR THE EVALUATION OF THE PROGRAMME

The Programme will be monitored closely on the basis of a set of indicators intended to measure, at minimal administrative burdens and costs, the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators: [Am. 25]

(a)  Number of counterfeit euros detected The number of Member States and third countries, of which competent national authorities have participated in the activities under the Programme; [Am. 26]

(b)  Number of illegal workshops dismantled; and The number of participants and their satisfaction rate as well as any other feedback they may have given concerning the usefulness of the activities under the Programme; [Am. 27]

(c)  Feedback Information received from participants in the actions financed by national competent authorities of the number of counterfeit euros detected and illegal workshops dismantled as a direct consequence of improved co-operation through the Programme. [Am. 28]

The data and information for the key performance indicators shall be collected annually by the following actors Commission and the beneficiaries of the Programme: [Am. 29]

—  the Commission shall collect the data for the number of counterfeit euro coins and banknotes;

—  the Commission shall collect the data for the number of counterfeit workshops dismantled;

—  the Commission and the beneficiaries of the Programme shall collect the data for the feedback received from participants to the actions financed by the Programme.

(1)OJ C 378, 19.10.2018, p. 2.
(2)Position of the European Parliament of 13 February 2019.
(3)Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6).
(4)Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (OJ L 181, 4.7.2001, p. 11).
(5)Council Decision 2001/923/EC of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (OJ L 339, 21.12.2001, p. 50).
(6)Council Decision 2001/924/EC of 17 December 2001 extending the effects of the Decision establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (‘Pericles’ programme) to the Member States which have not adopted the euro as the single currency (OJ L 339, 21.12.2001, p. 55).
(7)Council Decision 2006/75/EC of 30 January 2006 amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 36, 8.2.2006, p. 40).
(8)Council Decision 2006/76/EC of 30 January 2006 extending to the non-participating Member States the application of Decision 2006/75/EC amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 36, 8.2.2006, p. 42).
(9)Council Decision 2006/849/EC of 20 November 2006 amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 330, 28.11.2006, p. 28).
(10)Council Decision 2006/850/EC of 20 November 2006 extending to the non-participating Member States the application of Decision 2006/849/EC amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 330, 28.11.2006, p. 30).
(11)Regulation (EU) No 331/2014 of the European Parliament and of the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC (OJ L 103, 5.4.2014, p. 1).
(12)Communication from the Commission to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme of 6.12.2017 (COM(2017)0741 final).
(13) SWD(2017)0444 final and Ares(2917)3289297 '30/06/2017.
(14) OJ L 123, 12.5.2016, p. 1.
(15)OJ L 248, 18.9.2013, p. 1.
(16)OJ L 292, 15.11.1996, p. 2.
(17)OJ L 283, 31.10.2017, p. 1.
(18) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(19) Indicative amount only, depending on overall MFF.
(20) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(21)League of Nations Treaty Series No 2623 (1931), p. 372.


EU-Singapore Free Trade Agreement ***
PDF 113kWORD 43k
European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 – C8-0446/2018 – 2018/0093(NLE))
P8_TA(2019)0088A8-0053/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (07971/2018),

–  having regard to the draft Free Trade Agreement between the European Union and the Republic of Singapore (07972/2018),

–  having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0446/2018),

–  having regard to the opinion of the Court of Justice of the European Union of 16 May 2017(1),

–  having regard to its non-legislative resolution of 13 February 2019(2) on the draft decision,

–  having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on International Trade (A8-0053/2019),

1.  Gives its consent to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Singapore.

(1) Opinion of the Court of Justice of 16 May 2017, 2/15, ECLI:EU:C:2017:376.
(2) Texts adopted, P8_TA(2019)0089.


EU-Singapore Free Trade Agreement (resolution)
PDF 139kWORD 49k
European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 – C8-0446/2018 – 2018/0093M(NLE))
P8_TA(2019)0089A8-0048/2019

The European Parliament,

–  having regard to the draft Council decision (07971/2018),

–  having regard to the proposed text for a Free Trade Agreement (FTA) between the European Union and the Republic of Singapore (Singapore), which largely reflects the agreement initialled on 20 September 2013,

–  having regard to the proposal for a Council decision on the conclusion of the Investment Protection Agreement between the European Union and its Member States of the one part, and the Republic of Singapore, of the other part (COM(2018)0194),

–  having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4), 218(6), second subparagraph, point (a)(v), and 218(7) of the Treaty on the Functioning of the European Union (C8-0446/2018),

–  having regard to the EU-Singapore Partnership and Cooperation Agreement to be signed on 19 October 2018,

–  having regard to Opinion 2/15 of the Court of Justice of 16 May 2017 pursuant to Article 218(11) of the TFEU, requested by the Commission on 10 July 2015,

–  having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment(1),

–  having regard to its resolution of 3 February 2016 containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA)(2),

–  having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all – Towards a more responsible trade and investment policy’,

–  having regard to the Council decision of 22 December 2009 to pursue bilateral FTA negotiations with individual member states of the Association of Southeast Asian Nations (ASEAN), starting with Singapore,

–  having regard to the negotiating directives of 23 April 2007 for a region-to-region FTA with ASEAN member states,

–  having regard to the Treaty on European Union, and in particular Title V thereof on the Union’s external action,

–  having regard to the TFEU, in particular Articles 91, 100, 168 and 207 in conjunction with Article 218(6)(a)(v),

–  having regard to its legislative resolution of 13 February 2019(3) on the draft Council decision,

–  having regard to Rule 99(2) of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade (A8-0048/2019),

A.  whereas the EU and Singapore share important values, including democracy, rule of law, respect for human rights, cultural and linguistic diversity and a strong commitment to open and rule-based trade and the multilateral trading system;

B.  whereas this is the first bilateral trade agreement concluded between the EU and an ASEAN member state and an important stepping stone towards the final objective of a region-to-region FTA; whereas the agreement will also serve as a benchmark for the agreements the EU is currently negotiating with the other main ASEAN economies;

C.  whereas within the ASEAN region Singapore is by far the EU’s largest partner, accounting for slightly under one third of EU-ASEAN trade in goods and services, and roughly two thirds of investment between the two regions;

D.  whereas EU-Singapore trade is worth more than EUR 50 billion annually;

E.  whereas 90 % of future world economic growth is predicted to be generated outside Europe and notably in Asia;

F.  whereas Singapore is a party to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and to the ongoing negotiations on the Regional Comprehensive Economic Partnership (RCEP);

G.  whereas Singapore is a high-income economy with a gross national income of USD 52 600 per capita as of 2017; whereas its economic growth has been among the world’s highest, at an annual average of 7,7 % since independence;

H.  whereas Singapore ranks among the easiest countries in the world to do business with, is one of the world’s most competitive economies and is one of the least corrupt worldwide;

I.  whereas the manufacturing – particularly electronics and precision engineering – and services sectors remain the twin pillars of Singapore’s high value-added economy;

J.  whereas Singapore is a global player in financial and insurance services;

K.  whereas more than 10 000 European companies have their regional offices in Singapore and operate in an environment of legal security and certainty; whereas around 50 000 European companies export to Singapore, of which 83 % are small and medium-sized enterprises (SMEs);

L.  whereas the EUSFTA is likely to have a very positive effect on trade and investment flows between the EU and Singapore; whereas a 2018 study prepared for the European Parliament estimated that, over the first five years, trade volumes between the EU and Singapore would grow by 10 %;

M.  whereas other major economies such as Japan, the USA and China already have FTAs with Singapore in place, thus putting the European Union at a competitive disadvantage;

N.  whereas the trade and sustainability impact assessment on the EU-ASEAN FTA of 2009 concluded that this bilateral FTA would be mutually beneficial in terms of national income, GDP and employment; whereas no trade and sustainability impact assessment has been produced specifically for EU-Singapore trade relations and for a more recent period;

O.  whereas the economic impact analysis of the EU-Singapore FTA conducted by the European Commission in 2013 stated that Singapore’s GDP could increase by 0,94%, or EUR 2,7 billion, and the EU’s GDP by EUR 550 million;

1.  Welcomes the signing in Brussels, on 19 October 2018, of the FTA;

2.  Stresses that negotiations were originally concluded in 2012 and were based on the Council negotiating directives for an EU-ASEAN FTA adopted in April 2007; regrets the long delay in bringing forward the agreement for ratification which was due, among other factors, to the Commission’s request for an opinion of the European Court of Justice in order to provide clarity on whether matters covered by the agreement fall within the EU’s exclusive competence or under shared competence; welcomes the legal clarity that has been provided by the European Court of Justice opinion and considers this to have strengthened the European Parliament’s democratically legitimate role and provided clarity regarding the EU’s competences on trade policy; welcomes Singapore’s continued engagement despite this delay and calls for the swift entry into force of the agreement once it has been ratified by Parliament;

3.  Considers it vital that the EU remain at the forefront of an open and rules-based trading system, and welcomes the fact that 10 years on from the start of the negotiations the EU-Singapore FTA is now an important element of this; calls, therefore, on the Commission and the Member States to actively reach out to other global partners in the continued pursuit of an ambitious global fair and open trade agenda, drawing lessons from and building on the FTA with Singapore;

4.  Stresses the economic and strategic importance of this agreement, as Singapore is a hub for the entire ASEAN region; considers this agreement to be an important step towards, and will set the precedent for, trade and investment agreements with other ASEAN member states, and that it is a stepping stone for a future region-to-region trade deal; highlights also that this agreement will avoid EU exporters being at a competitive disadvantage in respect of businesses from the other CPTPP and RCEP countries; welcomes the fact that the conclusion of this agreement, as part of the EU’s global fair and open trade agenda, will not only bring major benefits to consumers, but also to employees;

5.  Notes that Singapore had already removed most of its tariffs on EU products and that this agreement will eliminate the few remaining ones completely as of its entry into force;

6.  Welcomes the fact that Singapore will remove certain measures that may constitute barriers to trade, such as double safety tests in cars and car parts and electronics, which will simplify the export of goods by EU businesses to Singapore;

7.  Underlines that the agreement will grant EU companies better access to the Singapore services market such as in financial, telecommunications, engineering, architectural, maritime transport and postal services, and that such liberalisation follows a ‘positive list’ approach;

8.  Recalls, in relation to the liberalisation of financial services, that the agreement includes a prudential carve-out clause which allows the Parties to adopt or maintain measures for prudential reasons, and notably to protect depositors and investors, and to ensure the integrity and stability of the Parties’ financial systems;

9.  Welcomes Singapore’s signing on 21 June 2017 of the Multilateral Competent Authority Agreement (MCAA) for implementing the global standard for the automatic exchange of information for tax purposes and its notification to the OECD on 30 June 2017 of its intention to activate automatic exchanges under that agreement with all the EU Member States for which there was no bilateral agreement for the same purpose in place; notes that Singapore is neither on the ‘blacklist’ nor on the ‘watchlist’ of the EU Code of Conduct Group’s list of non-cooperative tax jurisdictions, although it has been criticised by some NGOs for offering tax incentives to companies;

10.  Stresses the improved access under this agreement to Singapore’s public procurement market as compared to under the Government Procurement Agreement (GPA); highlights that social and environmental criteria should also be taken into account when awarding public procurement contracts; highlights that public procurement in both the EU and Singapore must continue to serve the best interests of citizens;

11.  Welcomes the fact that Singapore agreed to set up a GI registration system which will protect around 190 EU geographical indications, with the possibility of adding more at a later stage; recalls that in 2016, the EU exported EUR 2,2 billion worth of agri-food products to Singapore, and notes that Singapore is the fifth largest market in Asia for EU food and drink exports, offering significant opportunities to EU farmers and agri-food producers; welcomes, therefore, Singapore’s commitment in this agreement to keep zero duties on agri-food products, and the putting in place of a system for certifying EU meat-producing establishments seeking to export to Singapore; regrets, however, that the agreement does not offer automatic protection for the 196 EU GIs included in the Annex to the Intellectual Property Rights chapter, as all GIs – regardless of origin – will need to be examined and pass through publication (and opposition, if any), according to the registration procedure in Singapore, in order to be protected; underlines that the implementing legislation on GIs, which establishes the Singapore GI registry and the GI registration procedure, will come into force upon the ratification of the agreement by Parliament; calls on the Singapore authorities to start work immediately on the registration procedure and to expeditiously set up the registry and bring it into force upon Parliament’s ratification of the agreement; encourages the Commission to continue to work intensively with the Singaporean authorities in order to ensure that the highest number of EU GIs will be protected in line with the terms of protection laid down in the FTA, without any exceptions or limitations (including annexes or footnotes);

12.  Stresses that the agreement recognises the right of Member States at all levels to define and provide public services and does not prevent governments from bringing any privatised service back into the public sector;

13.  Underlines that the agreement safeguards the EU’s right to maintain and apply its own standards to all goods and services sold in the EU and therefore that all imports from Singapore must respect EU standards; highlights that EU standards should never be considered as trade barriers and emphasises the importance of promoting these standards at global level; stresses that nothing in the agreement prevents the application of the precautionary principle as set out in the Treaty on the Functioning of the European Union;

14.  Highlights the importance of a value-based and responsible trade policy and the need to promote sustainable development; welcomes, therefore, the fact that both Parties committed in the trade and sustainable development (TSD) chapter to ensure a high level of environmental and labour protection and that this can thus be considered as a progressive trade agreement; notes that the agreement also includes a chapter on non-tariff barriers in renewable energy generation; points out that the EU-Singapore agreement could be an instrument to combat climate change and to accelerate and intensify the action and investment needed for a sustainable low carbon future; calls on the EU and Singapore to take all necessary action to implement the Sustainable Development Goals;

15.  Recalls that the Parties committed to make sustained efforts towards ratifying and effectively implementing the fundamental ILO conventions; takes note of the information provided so far by the Government of Singapore in relation to its compliance with three outstanding fundamental ILO conventions, namely those on Freedom of Association and Protection of the Right to Organise, on Discrimination and on Forced Labour, and calls on Singapore to further engage with the ILO with a view to progressing towards full alignment with their content and ultimately pursuing their ratification within a reasonable timeframe;

16.  Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change and to the sustainable management of forests and fisheries;

17.  Stresses that regulatory cooperation is voluntary and should by no means limit the right to regulate;

18.  Encourages the Parties to make full use of the provisions on animal welfare cooperation and to establish as soon as possible after the entry into force of the FTA a joint working group to agree on an action plan addressing relevant sectors such as fish welfare in aquaculture;

19.  Stresses that the involvement of civil society and social partners in monitoring the implementation of the agreement is crucial and calls for a swift establishment of domestic advisory groups following the entry into force of the agreement and for a balanced representation of civil society therein; calls on the Commission to allocate sufficient financing to enable them to work effectively and to provide support to ensure the constructive participation of civil society;

20.  Notes that the EU-Singapore Partnership and Cooperation Agreement (PCA) envisages the possibility for the EU to suspend the FTA in case of fundamental human rights violations by Singapore;

21.  Calls on the Commission to make good use of the general review clause of the agreement as soon as possible in order to strengthen the enforceability of labour and environmental provisions, including among the various enforcement methods consideration of a sanctions-based mechanism as a last resort;

22.  Instructs its President to forward this resolution to the Council and the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the governments and parliaments of the Member States and the government and parliament of the Republic of Singapore.

(1) OJ C 101, 16.3.2018, p. 30.
(2) OJ C 35, 31.1.2018, p. 21.
(3) Texts adopted, P8_TA(2019)0088.


EU-Singapore Investment Protection Agreement ***
PDF 115kWORD 43k
European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 – C8-0447/2018 – 2018/0095(NLE))
P8_TA(2019)0090A8-0054/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (07979/2018),

–  having regard to the draft Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07980/2018),

–  having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8‑0447/2018),

–  having regard to the opinion of the Court of Justice of the European Union of 16 May 2017(1),

–  having regard to its non-legislative resolution of 13 February 2019(2) on the draft decision,

–  having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on International Trade (A8-0054/2019),

1.  Gives its consent to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Singapore.

(1) Opinion of the Court of Justice of 16 May 2017, 2/15, ECLI:EU:C: 2017:376.
(2) Texts adopted, P8_TA(2019)0091.


EU-Singapore Investment Protection Agreement (resolution)
PDF 129kWORD 48k
European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 – C8-0447/2018 – 2018/0095M(NLE))
P8_TA(2019)0091A8-0049/2019

The European Parliament,

–  having regard to the draft Council decision (07979/2018),

–  having regard to the draft Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07980/2018),

–  having regard to the request for consent submitted by the Council in accordance with Articles 207(4) and 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (TFEU) (C8‑0447/2018),

–  having regard to the negotiating directives of 23 April 2007 for a free trade agreement (FTA) with Member States of the Association of Southeast Asian Nations (ASEAN),

–  having regard to the Council decision of 22 December 2009 to pursue bilateral FTA negotiations with individual ASEAN Member States, starting with Singapore,

–  having regard to its resolution of 6 April 2011 on the future European international investment policy(1),

–  having regard to the modifications of 12 September 2011 of the initial negotiating directives in order to authorise the Commission to negotiate on investment,

–  having regard to Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries(2),

–  having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment(3),

–  having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all – Towards a more responsible trade and investment policy’ (COM(2015)0497),

–  having regard to the opinion of the Court of Justice of 16 May 2017 in procedure 2/15(4), requested by the Commission on 10 July 2015, pursuant to Article 218(11) TFEU,

–  having regard to its resolution of 4 October 2018 on the EU’s input to a UN Binding Instrument on transnational corporations and other business enterprises with transnational characteristics with respect to human rights(5),

–  having regard to the Rules on Transparency in Treaty-based Investor-State Arbitration of the UN Commission on International Trade Law (UNCITRAL),

–  having regard to the Treaty on European Union, and in particular Title V thereof on the Union’s external action,

–  having regard to TFEU, in particular Part Five, Titles I, II and V thereof, specifically Article 207, in conjunction with Article 218(6)(a)(v),

–  having regard to its legislative resolution of 13 February 2019(6) on the draft decision,

–  having regard to Rule 99(2) of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade (A8-0049/2019),

A.  whereas the EU and Singapore share the same fundamental values, including democracy, the rule of law, respect for human rights, cultural and linguistic diversity and a strong commitment to rules-based trade within the multilateral trading system;

B.  whereas the EU is the leading recipient and source of foreign direct investment worldwide;

C.  whereas Singapore is the eighth largest destination for EU foreign direct investment and the first in the ASEAN region;

D.  whereas Singapore is by far the EU’s largest partner in Southeast Asia, accounting for just under one third of EU-ASEAN trade in goods and services, and roughly two thirds of all investments between the two regions; whereas more than 10 000 European companies have their regional offices in Singapore and operate as normal, in a context of legal security and certainty;

E.  whereas Singapore is the number one location for European investment in Asia, with bilateral investment stocks reaching EUR 256 billion in 2016;

F.  whereas there are currently more than 3 000 international investment treaties in force and EU Member States are party to some 1 400;

G.  whereas this is the first ‘investment protection only’ agreement concluded between the EU and a third country following discussions among the institutions on the new architecture of EU FTAs on the basis of ECJ opinion 2/15 of 16 May 2017;

H.  whereas in the light of the EU’s new approach to investment protection and its enforcement mechanism, the investment court system (ICS), in 2017 Singapore agreed to review the investment protection provisions negotiated in 2014, thereby re-opening a closed agreement;

I.  whereas the agreement builds on the investment protection provisions included in the EU-Canada Comprehensive Economic and Trade Agreement (CETA), which was ratified by Parliament on 15 February 2017;

J.  whereas on 6 September 2017, Belgium requested an ECJ opinion on the compatibility of CETA’s ICS provisions with the EU treaties;

K.  whereas developed economies with properly functioning judiciaries render the need for investor-state dispute settlement mechanisms less important, although these mechanisms may ensure a quicker resolution of disputes; whereas, nonetheless, the establishment of an independent multilateral investment court would enhance trust in the system and legal certainty;

L.  whereas the agreement will replace the existing bilateral investment treaties between 13 EU Member States and Singapore, which do not include the EU’s new approach to investment protection and its enforcement mechanism (ICS);

M.  whereas the Parties committed to pursuing a multilateral investment court, an initiative strongly supported by Parliament;

N.  whereas on 20 March 2018, the Council adopted the negotiating directives authorising the Commission to negotiate, on behalf of the EU, a convention establishing a multilateral investment court; whereas these negotiating directives have been made public;

O.  whereas the EU has concluded a similar investment protection agreement with Vietnam, which was adopted by the Commission on 17 October 2018;

1.  Welcomes the EU’s new approach to investment protection and its enforcement mechanism (ICS), which replace both the controversial investor-to-state dispute settlement (ISDS), addressing some of its flaws in the process, and the individual approaches followed by the EU Member States in existing bilateral investment treaties (BITs);

2.  Considers it essential that the agreement will ensure a high level of investment protection, transparency and accountability, while safeguarding the right to regulate at all governmental levels and pursue legitimate public policy objectives for both Parties, such as public health and environmental protection; stresses that if one Party should regulate in a manner that negatively affects an investment or interferes with an investor’s profit expectations, it would not amount in itself to a breach of investment protection standards and hence not require any compensation; highlights that the agreement must not in any way restrict the autonomy of social partners and trade union rights;

3.  Stresses that the agreement guarantees that EU investors in Singapore will not be discriminated vis-à-vis Singaporean investors and properly protects them from illegitimate expropriation;

4.  Recalls that the ICS envisages the establishment of a Permanent Investment Tribunal of First Instance and an Appellate Tribunal, whose members will have to possess comparable qualifications to those held by judges of the International Court of Justice, including expertise in public international law and not just commercial law, and will have to satisfy strict rules of independence, integrity and ethical behaviour through a binding code of conduct designed to prevent conflicts of interests;

5.  Welcomes the fact that transparency rules will apply to proceedings before tribunals, case documents will be publicly available and hearings will be held in public; believes that greater transparency will help to instil public trust in the system; welcomes, moreover, the clarity regarding the grounds on which an investor can submit a claim, which ensures additional transparency and fairness of the process;

6.  Stresses that third parties, such as labour and environmental organisations, have no legal standing before the tribunals and therefore cannot participate as affected parties to enforce investors’ obligations but can contribute to ICS proceedings through amicus curiae briefs; underlines the fact that the investment court still constitutes a separate system for foreign investors only;

7.  Emphasises that forum shopping must not be possible and that multiple and parallel proceedings must be avoided;

8.  Recalls that the agreement significantly builds on the investment protection provisions in CETA, as it incorporates provisions on obligations for former judges, a code of conduct to prevent conflicts of interests and a fully functioning Appellate Tribunal at the time of its conclusion;

9.  Welcomes Singapore’s commitment to the establishment of the multilateral investment court, a public and independent international court which will be empowered to hear disputes on investments between investors and states that have accepted its jurisdiction over their bilateral investment treaties, and whose ultimate goal must be to reform and replace the current unbalanced, costly and fragmented investment protection regime; considers the agreement a crucial stepping stone towards that end; encourages the Commission to continue its efforts in reaching out to third countries to establish the multilateral investment court as soon as possible;

10.  Welcomes the Council’s decision to make public the negotiating directive of 20 March 2018 on the multilateral investment court, and calls on the Council to make public the negotiating directives for all previous and future trade and investment agreements immediately after they are adopted, in order to increase transparency and public scrutiny;

11.  Highlights the fact that the agreement will replace the existing BITs between 13 EU Member States and Singapore and thus provide greater coherence than the BITs, which are based on outdated investment protection provisions and include ISDS; stresses that the agreement will also create new rights for investors’ claims in the remaining 15 Member States; emphasises that functional national courts are the primary option to resolve investor disputes, but considers the agreement an important step towards the reform of global rules on investment protection and dispute settlement;

12.  Regrets the lack of provisions on investor responsibilities and highlights, in this context, the importance of corporate social responsibility; calls on the Commission to consider legislation similar to that on conflict minerals and timber, such as for the garment industry; recalls the importance of the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights;

13.  Notes the lack of a global approach to corporations’ compliance with human rights law and of available remedy mechanisms; notes the work initiated in the UN by the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights on the establishment of a binding UN instrument; encourages the Commission and the EU Member States to constructively engage in this initiative;

14.  Encourages the Commission to continue its work on making the ICS more accessible, particularly for SMEs and smaller companies;

15.  Calls on the Commission and Singapore to agree stronger sanctions in the event that a member of the tribunals does not comply with the code of conduct, and to ensure that they are in place as soon as this agreement enters into force;

16.  Considers that the approval of this agreement will give the EU more leverage to negotiate similar agreements with the other ASEAN countries with a view to establishing similar rules on investment protection throughout the region;

17.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the governments and parliaments of the Member States and the government and parliament of the Republic of Singapore.

(1) OJ C 296E, 2.10.2012, p. 34.
(2) OJ L 351, 20.12.2012, p. 40.
(3) OJ C 101, 16.3.2018, p. 30.
(4) Opinion of the Court of Justice of 16 May 2017, 2/15, ECLI:EU:C: 2017:376.
(5) Texts adopted, P8_TA(2018)0382.
(6) Texts adopted, P8_TA(2019)0090.


EU-Singapore Partnership and Cooperation Agreement ***
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European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 – C8-0026/2019 – 2018/0403(NLE))
P8_TA(2019)0092A8-0020/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (15375/2018),

–  having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (08224/2014),

–  having regard to the request for consent submitted by the Council in accordance with Article 212 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0026/2019),

–  having regard to its non-legislative resolution of 13 February 2019(1) on the draft decision,

–  having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Foreign Affairs (A8-0020/2019),

1.  Gives its consent to conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Singapore.

(1) Texts adopted, P8_TA(2019)0093.


EU-Singapore Partnership and Cooperation Agreement (resolution)
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European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 – C8-0026/2019 – 2018/0403M(NLE))
P8_TA(2019)0093A8-0023/2019

The European Parliament,

–  having regard to the draft Council decision (15375/2018),

–  having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and Singapore, of the other part (08224/2014),

–  having regard to the request for consent submitted by the Council in accordance with Article 212, in conjunction with Article 218(6)(a) of the Treaty of the Functioning of the European Union (C8-0026/2019),

–  having regard to the EU-Singapore Partnership and Cooperation Agreement (PCA), signed in Brussels on 19 October 2018,

–  having regard to the EU-Singapore Free Trade Agreement (FTA) and Investment Protection Agreement (IPA), signed in Brussels on 19 October 2018,

–  having regard to the ASEAN-EEC Cooperation Agreement signed in March 1980, which constitutes the legal framework for EU-ASEAN relations(1),

–  having regard to the 12th Asia-Europe Meeting (ASEM) Summit, held in Brussels on 18 and 19 October 2018,

–  having regard to the 10th EU-Singapore inter-parliamentary meeting, held in Singapore on 23 May 2017,

–  having regard to the Global Strategy for the European Union’s Foreign and Security Policy, published by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) in June 2016,

–  having regard to the Guidelines on the EU’s Foreign and Security Policy in East Asia, approved by the Council on 15 June 2012,

–  having regard to the Council Conclusions of 28 May 2018 on enhanced EU security cooperation in and with Asia,

–  having regard to the EU Strategy on Connecting Europe and Asia, which is based on the concept of sustainable connectivity,

–  having regard to its recent resolutions on ASEAN, in particular those of 3 October 2017 on EU political relations with ASEAN(2) and of 15 January 2014 on the future of EU-ASEAN relations(3),

–  having regard to its legislative resolution of 13 February 2019(4) on the draft decision,

–  having regard to Rule 99(2) of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs (A8-0023/2019),

A.  whereas EU-Singapore relations go back several decades, and are built on a long history of friendship and close historical, political and economic ties; whereas the bilateral partnership is founded on shared values and a commitment to a peaceful and prosperous world;

B.  whereas both parties to the EU-Singapore Partnership and Cooperation Agreement (PCA) reaffirm their respect for democratic principles, the rule of law, human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and other applicable international human rights instruments;

C.  whereas Singapore is a founding member of the Association of South East Asian Nations (ASEAN), which celebrated its 40th anniversary in 2017;

D.  whereas during its 2018 Chairmanship of ASEAN, which bore the tagline ‘Resilient and Innovative’, Singapore hosted two ASEAN Summits and promoted ASEAN unity, security and economic cooperation, launching initiatives such as the ASEAN Youth Fellowship;

E.  whereas Singapore is a close ally of the United States, with which it concluded an FTA in 2003, and which it considers indispensable for security, stability and balance in the Asia-Pacific region;

F.  whereas Singapore ranked 9th on the UN Development Programme’s Human Development Index in 2017;

G.  whereas Singapore ranked 6th on Transparency International’s Corruption Perceptions Index 2017, making it one of the least corrupt countries in the world;

H.  whereas the first EU-ASEAN Young Leaders Forum took place in February 2018;

I.  whereas Singapore experienced record air pollution levels as a result of the forest fires in neighbour countries, largely due to intentional burning to clear land for cultivation of palm oil and timber plantations;

J.  whereas Singapore’s Constitution guarantees the rights to freedom of expression, peaceful assembly and association, which are however severely restricted on the grounds of security, protection of public order, morality, parliamentary privilege, and racial and religious harmony; whereas Singapore ranked 151st out of 180 on the 2018 World Press Freedom Index; whereas Singapore’s laws on contempt, sedition, and libel are used to restrict critical voices among activists, bloggers and the media;

K.  whereas Singapore still applies the death penalty; whereas after a brief period of no executions, the number of executions has been on a rise since 2014;

L.  whereas the rights of the Singapore’s LGBTI community are severely restricted; whereas a consensual sexual relationship between two men is illegal and carries a punishment of up to two years in prison; whereas same-sex relationships are not recognised under law in Singapore;

M.  whereas Singapore has yet to ratify two core ILO conventions, notably the Convention on Freedom of Association and Protection of the Right to Organise and the Convention on Discrimination;

EU-Singapore Partnership and Cooperation Agreement

1.  Welcomes the conclusion of the PCA, which is of strategic importance and will provide a legal framework for the long-standing bilateral relations and commitment to strengthening and widening cooperation in regional and international forums, and in areas such as environmental protection, international stability, justice, security and development;

2.  Highlights the opportunities provided by the PCA for new areas of cooperation, such as human rights, justice, freedom and security and non-proliferation of nuclear weapons, and for scientific and technological cooperation in fields such as energy, the environment, the fight against climate change, protection of natural resources, and transport, in particular maritime and air transport;

3.  Welcomes cooperation on people-to-people links, the information society, the audio-visual and media fields, education and cultural exchanges, employment and social affairs, health and statistics that will help to evaluate the progress of the agreement;

4.  Considers that the PCA, the framework agreement, is politically closely associated with and complements the FTA and the IPA; recalls that Article 44 of the PCA allows for the non-execution of the agreements in cases of systematic and serious violation of essential elements, including democratic principles, the rule of law and human rights;

5.  Welcomes Singapore’s signing on 21 June 2017 of the Multilateral Competent Authority Agreement (MCAA) for implementing the global standard for the automatic exchange of information for tax purposes and its notification to the OECD on 30 June 2017 of its intention to activate automatic exchanges under that agreement with all the EU Member States for which there was no bilateral agreement for the same purpose in place; encourages the Parties to make full use of the tax cooperation provisions in the PCA;

Human rights and fundamental freedoms

6.  Reaffirms the needed commitment and engagement with regard to respect for human rights, including social rights, democracy, fundamental freedoms, good governance and the rule of law, and to working together in this regard; recalls that human rights are at the centre of the EU’s relations with third countries; calls on the Singaporean authorities to ensure, in all circumstances, respect for international law, democracy, human rights and fundamental freedoms, in accordance with the UN Charter and Universal Declaration on Human Rights and considers that the EU should continue providing support to Singapore for social inclusion, respect for human rights and the rule of law, and the promotion of peace, security and judicial reform; welcomes the open public debate on the revision of the unenforced law on the punishment of consensual same-sex relations and calls on the Government of Singapore to fully protect the rights of the LGBTI community; insists that the Government of Singapore abolish the laws penalising sexual relationships between people of the same gender; stresses the need for further cooperation on women’s rights and urges the Government of Singapore to facilitate the adoption of legislation prohibiting all forms of discrimination against women and based on sexual orientation;

7.  Calls for the EU to enter into a dialogue with the Government of Singapore with the aim of introducing an immediate moratorium on capital punishment as a step towards the abolition of the death penalty;

8.  Calls on the Government of Singapore to protect freedom of expression and assembly, as these are core elements of a well-functioning democracy;

9.  Calls on the EU to engage in a dialogue with the Singaporean authorities with a view to facilitating the ratification by the country of the human rights instruments and core ILO conventions; acknowledges that Singapore has not yet ratified the conventions on Freedom of Association and Protection of the Right to Organise and on Discrimination, and that it denounced the Convention on Forced Labour; expects Singapore to further engage with the ILO with a view to progressing towards full alignment with the content of and ultimately pursuing the ratification of these conventions;

EU-Singapore relations

10.  Stresses that the conclusion of the PCA provides a strong impetus for greater engagement between the EU, Singapore and the Southeast Asia region in general;

11.  Highlights the political value of strong trade and investment relations between Singapore and the EU;

12.  Underlines the EU's particular experience in institution-building, the single market, regulatory convergence, crisis management, humanitarian assistance and disaster relief, and human rights and democracy; stresses that the EU should intensify policy dialogues and cooperation on issues such as fundamental rights and on matters of common concern, including the rule of law and security and protection of freedom of expression;

13.  Welcomes the fact that the PCA supports people-to-people exchanges, such as academic mobility under the Erasmus Mundus Programme, and facilitates the further development of cultural exchanges in order to increase mutual understanding and knowledge of respective cultures;

14.  Underlines the role of the Singapore-based Asia-Europe Foundation (ASEF) as the main instrument for cultural exchanges between Asia and Europe; welcomes its role in including civil society concerns as a vital component of the deliberations at the ASEM;

15.  Highlights that the European Union Centre in Singapore, which was established in 2009 in partnership with the National University of Singapore and Nanyang Technological University, promotes knowledge and understanding of the EU and its policies and is part of the global network of EU Centres of Excellence;

16.  Encourages Singaporean researchers to carry out joint research and innovation projects with EU entities under EU research initiatives such as the Horizon 2020 programme, and to address common global challenges relating to climate change, the environment, biotechnology, health, aging populations, energy, natural resources and food security;

Regional and international cooperation

17.  Considers that Singapore is a key partner in responding to humanitarian disasters in Southeast Asia, as well as an important player for the political stability of the whole region;

18.  Is concerned that climate change will have a major impact on Singapore and the ASEAN region; welcomes Singapore’s positive contribution towards the Milennium Development Goals and the Sustainable Development Goals; welcomes Singapore’s ratification of the Paris Agreement on 21 September 2016 and expects it to meet the planned emissions reduction targets by 2030; aims to work together with Singapore and ASEAN to speed up the implementation of the Paris Climate Agreement; highlights the need to provide assistance to Singapore and the rest of the ASEAN countries in order to enhance the protection and sustainable use of biodiversity, in particular coral reefs, and the systematic rehabilitation of forest ecosystems; welcomes the role of Singapore on the regional issue of reducing deforestation; urges further EU-Singapore cooperation to effectively curb forest fires and to adopt more environmentally friendly technologies for transport and buildings;

19.  Believes that there is scope, interest in and a need for the EU and ASEAN to work together to develop a joint circular economy strategy;

20.  Welcomes the creation of an EU-ASEAN Young Leaders Forum, which will allow young leaders from the EU and ASEAN countries to exchange ideas and build relationships in order to support EU-ASEAN relations;

21.  Stresses that the PCA will provide an opportunity for the EU to reinforce its contribution to the implementation of shared objectives in the Indo-Pacific area; calls for strengthened joint efforts for a free and open Indo-Pacific region;

22.  Calls for cooperation with Singapore in the pursuit of common interests relating to the implementation of ASEAN’s and the EU’s connectivity policies; stresses the need for collaboration regarding the Belt and Road Initiative in order to work towards the implementation of the connectivity targets and criteria that were agreed during the recent EU-China Summit; reiterates the need to promote multilateral governance;

23.  Stresses that Singapore has advocated regional multilateralism in Southeast Asia; takes note of Singapore’s role in the EU-ASEAN inter-regional diplomatic, economic and institutional dialogues and underlines Singapore’s support for regional integration in Southeast Asia;

24.  Notes that Singapore is strategically located; takes note of Singapore’s contribution to regional and global security; welcomes the annual Asia Security Summit, otherwise known as the Shangri-La Dialogue, which has been held at the Shangri-La Hotel in Singapore since 2002;

25.   Expresses its deep concern at the growing tensions in the South China Sea; calls on ASEAN to speed up consultations on a Code of Conduct for the peaceful resolution of disputes and controversies in this area and for the EU to support this process; insists that the issue should be solved according to international law under the United Nations Convention on the Law Of the Sea (UNCLOS); is pleased that Singapore, a non-claimant country, has urged the parties to manage differences peacefully and in accordance with international law, including UNCLOS;

26.  Calls, alongside Singapore, for freedom of navigation and overflight in the area and stresses that the EU has a strong interest in promoting stability in Southeast Asia; highlights the key role of the ASEAN Regional Forum and the East Asia Summit in promoting security dialogues between the region and the extra-regional powers of China and the United States;

27.  Welcomes the ASEAN Cyber Capacity Programme launched on the initiative of Singapore, which aims to assist ASEAN nations in identifying and responding to cyber threats; understands that ASEAN has no mutual norms for cyber protection, which could impede cyber security cooperation in the region; calls for the EU to share its experiences of dealing with cyber and hybrid threats and to support ASEAN capacity building in this area;

28.  Commends Singapore on its deployment of troops and materiel to support the multinational coalition in Iraq from 2003 to 2008 and its subsequent contribution to the anti-ISIS operations in Iraq and Syria;

29.  Recognises Singapore’s readiness to host and role in hosting summit meetings to promote peace and confidence building in Asia and beyond;

Institutional framework under the PCA

30.  Welcomes the establishment under the PCA of a Joint Committee composed of representatives of both sides at an appropriately high level, to ensure the proper functioning and implementation of the agreement, set priorities and make recommendations to promote the agreement’s objectives;

31.  Calls for regular exchanges between the European External Action Service (EEAS) and Parliament, to allow Parliament to follow up on the implementation of the PCA and the achievement of its objectives;

o
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32.  Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, and the Government and Parliament of Singapore.

(1) OJ L 144, 10.6.1980, p. 2.
(2) OJ C 346, 27.9.2018, p. 44.
(3) OJ C 482, 23.12.2016, p. 75.
(4) Texts adopted, P8_TA(2019)0092.


Treaty establishing the Transport Community ***
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European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community (13111/2018 – C8-0473/2018 – 2018/0282(NLE))
P8_TA(2019)0094A8-0022/2019

(Consent)

The European Parliament,

–  having regard to the draft Council decision (13111/2018),

–  having regard to the Treaty establishing the Transport Community(1),

–  having regard to the request for consent submitted by the Council in accordance with Articles 91 and 100(2) in conjunction with Article 218(6), second subparagraph, point (a) and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0473/2018),

–  having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Transport and Tourism (A8-0022/2019),

1.  Gives its consent to conclusion of the treaty;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo(2), Montenegro, and the Republic of Serbia.

(1) OJ L 278, 27.10.2017, p. 3.
(2) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.


2018 Report on Bosnia and Herzegovina
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European Parliament resolution of 13 February 2019 on the 2018 Commission Report on Bosnia and Herzegovina (2018/2148(INI))
P8_TA(2019)0095A8-0467/2018

The European Parliament,

–  having regard to the Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina (BiH), of the other part,

–  having regard to the Protocol on the Adaptation of the SAA between the European Communities and their Member States, of the one part, and BiH, of the other part, to take account of the accession of the Republic of Croatia to the European Union, which was initialled on 18 July 2016 and entered into force on 1 February 2017,

–  having regard to BiH’s application for membership of the European Union on 15 February 2016 and the submission of the country’s replies to the Commission questionnaire on 28 February 2018,

–  having regard to the European Council conclusions of 19-20 June 2003 on the Western Balkans and to the annex thereto entitled ‘The Thessaloniki Agenda for the Western Balkans: moving towards European integration’,

–  having regard to the Council conclusions of 16 October 2017 on Bosnia and Herzegovina, of 26 June 2018 on enlargement and the stabilisation and association process, and of 15 October 2018 on Bosnia and Herzegovina / EUFOR Operation Althea,

–  having regard to the first meeting of the EU-BiH Stabilisation and Association Parliamentary Committee (SAPC) held on 5-6 November 2015, the second meeting of the EU-BiH Stabilisation and Association Council held on 10 July 2017, the third meeting of the EU-BiH Stabilisation and Association Committee held on 27 March 2018 and the third meeting of the EU-BiH Stabilisation and Association Council held on 13 July 2018,

–  having regard to the Berlin Process, notably the Chair Conclusions of the Heads’ meeting of the London Western Balkans Summit of 10 July 2018, the three joint declarations signed on the same day on regional cooperation and good neighbourly relations, on missing persons and on war crimes, and the anti-corruption statement issued by BiH on the same occasion,

–  having regard to the Sofia Declaration adopted during the EU-Western Balkans summit of 17 May 2018 and to the Sofia Priority Agenda annexed thereto,

–  having regard to the Commission communication of 6 February 2018 entitled ‘A credible enlargement perspective for and enhanced EU engagement with the Western Balkans’ (COM(2018)0065),

–  having regard to the Commission communication of 17 April 2018 entitled ‘2018 Communication on EU Enlargement Policy’ (COM(2018)0450), accompanied by the Commission Staff Working Document entitled ‘Bosnia and Herzegovina 2018 Report’ (SWD(2018)0155),

–  having regard to the statement of 2 May 2018 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, and the Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Johannes Hahn, on the electoral reform in BiH for the elections of the Federation entity House of Peoples,

–  having regard to the results of the elections held on 7 October 2018,

–  having regard to the statement of preliminary findings and conclusions of the OSCE/ODIHR International Election Observation Mission, published on 8 October 2018,

–  having regard to the joint statement of 8 October 2018 by VP/HR Mogherini and Commissioner Hahn on the elections in Bosnia and Herzegovina,

–  having regard to the joint conclusions of the economic and financial dialogue between the EU and the Western Balkans and Turkey of 25 May 2018,

–  having regard to the EU local statement of 1 June 2018 on the BiH Criminal Procedure Code,

–  having regard to the fifty-third(1) and fifty-fourth(2) reports to the UN Security Council of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina of 3 May 2018 and 31 October 2018 respectively,

–  having regard to the Reform Agenda for BiH 2015-2018 adopted in July 2015 as well as the Coordination Mechanism adopted by the Council of Ministers of BiH and the governments of the Federation of BiH and the Republika Srpska (RS) on 23 August 2016,

–  having regard to its previous resolutions on the country,

–  having regard to Rule 52 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs (A8-0467/2018),

A.  whereas the EU remains committed to BiH’s European perspective and to its territorial integrity, sovereignty and unity;

B.  whereas the country’s EU membership application represents a strategic choice and a commitment to advance towards the EU;

C.  whereas the Commission is preparing its opinion on BiH’s application for EU membership; whereas BiH, making use of the coordination mechanism on EU matters, drew up its replies to the Commission’s questionnaire and submitted them on 28 February 2018; whereas BiH received more than 600 follow-up questions on 20 June 2018 and has not yet been able to send its replies to the additional questions;

D.  whereas since mid-2017 there has been a marked slowdown in the adoption of EU-related reforms, despite BiH’s commitment to the Reform Agenda; whereas EU accession is a comprehensive process requiring political will, joint efforts by all stakeholders and consensus on the Reform Agenda; whereas BiH citizens must be placed at the centre of institutional, economic and social reforms;

E.  whereas general elections were held in BiH on 7 October 2018; whereas political parties have not been able to agree on the changes to the electoral law needed to address the legal loophole resulting from the Constitutional Court decisions in the Ljubić case concerning the election of the members of the Federation’s House of Peoples; whereas the facilitation efforts on this issue, led by the EU and US ambassadors to BiH, with the involvement of the Venice Commission, have not been fruitful;

F.  whereas BiH remains in breach of the European Convention on Human Rights, as per the Sejdić-Finci and related cases; whereas the Commission has been tasked by the Council to pay particular attention to this issue when drawing up its opinion on BiH’s application for membership; whereas the opinion of the Commission is expected, therefore, to analyse functionality-related issues and review the legal framework for compatibility with the EU acquis, identifying constitutional and other necessary reforms; whereas the closer BiH comes to obtaining EU membership, the more pressing the need for constitutional reform, aimed at enhancing functionality and ensuring human rights protection, will become; whereas, so far, the political leadership of the country has been unable to remedy the related shortcomings in the BiH constitution;

G.  whereas 13 decisions of the BiH Constitutional Court and numerous entity-level constitutional decisions (28 in the Federation and 7 in the Republika Srpska) are currently not being implemented; whereas implementing constitutional court decisions is an essential element for upholding the rule of law;

H.  whereas BiH is also a signatory to the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991);

I.  whereas there is no place in modern Europe for the glorification of persons convicted of war crimes and crimes against humanity;

J.  whereas the persistent challenges in the reconciliation process should be addressed more vigorously;

K.  whereas corruption, including at the highest level, continues to be widespread;

1.  Welcomes the submission of BiH’s answers to the Commission’s questionnaire; urges BiH to respond to the follow-up questions, which are of a more technical nature, in a timely, transparent and detailed manner in order to contribute to the Commission’s opinion on the application for EU membership;

2.  Is concerned about the marked slowdown in the pace of reforms due to disagreements between parties and the highly polarised pre-electoral campaign that started very early; stresses that the declared commitment of the BiH authorities to the European path must be matched by consistent implementation of reforms stemming from the Reform Agenda and translated into concrete results, to the benefit of citizens, regardless of their ethnic and religious affiliation; regrets that, apart from the adoption of the countrywide strategies in the field of the environment, rural development and energy, and of some important reform measures, such as the amendments to the Law on Excise Duties necessary for ensuring IMF and EBRD funding, no substantial progress has been achieved;

3.  Regrets that divisive ethno-nationalistic rhetoric once again dominated the electoral campaign and continues to characterise the political discourse involving political actors on all sides; calls on all political leaders to engage without delay in the formation of the governments at all levels, by working constructively together, in the interests of the citizens of their country; calls for the EU integration process to be properly communicated to the public also as a project for reconciliation and the development of a political culture based on compromise and mutual understanding;

4.  Notes that this electoral cycle was once more marked by segmentation along ethnic lines and that the electoral campaign was focused mainly on divisive issues linked to the past, rather than on proposing concrete solutions to resolve citizens’ day-to-day problems; deplores the nationalistic and inflammatory pre-election rhetoric that deepens the gap between the three constituent peoples; notes that the 7 October 2018 elections were competitive and generally orderly, despite some irregularities, and that BiH citizens exercised their democratic right in a calm and orderly manner; reiterates that all alleged election-related irregularities should be investigated and condemned in the clearest possible terms, and any unlawful activities prosecuted; stresses the continuing shortcomings in the democratic election process and expects the OSCE/ODIHR recommendations to be addressed without delay; recalls that the 2010 Constitutional Court decision concerning the democratic right of the citizens of Mostar to vote in local elections has not yet been implemented;

5.  Regrets that no compromise was reached prior to the elections with regard to changes to the electoral legislation required to address the legal loophole resulting from the Constitutional Court decisions in the Ljubić case on the election of the members of the Federation House of Peoples; takes note of the Central Election Commission (CEC) decision on allocation of seats in the Federation House of Peoples adopted on the 18 December 2018 and calls on all political actors to address the remaining legal gaps in the BiH Elections Law in a systematic way; urges all political leaders and elected members of parliaments to show responsibility, to avoid statements challenging the unity of the state, to put aside their conflicting views and to find compromises and solutions which will be acceptable to all; warns against delays and attempts to block the formation of the authorities after the elections, as this would not serve the interests of citizens, nor the objective of European integration; stresses that holding elections, implementing the results and forming the government in accordance with relevant legal provisions is an essential feature of a well-functioning democracy, as well as a requirement for any country aspiring to join the EU;

6.  Firmly reiterates the need for rapid formation of the Federation House of Peoples in line with rulings by the Constitutional Court of Bosnia and Herzegovina, as recalled also in the joint statement by VP/HR Mogherini and Commissioner Hahn on the elections in BiH;

7.  Regrets that the issue of democratic and legitimate representation of three constituent peoples and of all citizens remains unresolved; urges all parties to find a timely compromise as this issue should be addressed as soon as possible by the new legislators, including through the operationalisation of the decisions of the European Court of Human Rights in the Sejdić-Finci and related cases; reiterates the need to proceed with constitutional, political and electoral reforms that would transform BiH into a fully effective, inclusive and functional state based on the rule of law;

8.  Deplores the fact that, owing to the attempts to introduce ethnic blocking into the SAPC’s voting rules, delegates from BiH have still been unable to agree on the rules of procedure for the SAPC, which has consequently not met for three years; regrets the failure to cooperate with the European Parliament, recalls that this is a clear breach of the obligations stemming from the SAA and urges all actors to agree to and accept the SAPC’s rules of procedure based on the European Parliament’s recommendations on the subject; notes that functioning democratic institutions, including the parliament, are a prerequisite for advancing the EU integration process;

9.  Is concerned about the lack of systematic regulatory impact assessments and public consultations, the insufficient and low-quality monitoring and reporting and the lack of a formal requirement to publish key government planning documents;

10.  Calls for the adoption of further non-discriminatory and gender-sensitive countrywide strategies in areas such as employment and public financial management, which will enable consistent implementation of reforms throughout the country, as well as access to further IPA funding; notes with satisfaction that the adoption of relevant countrywide strategies has allowed for additional IPA II funding in key areas, such as agriculture and rural development, environment and energy, under the recently revised Indicative Strategy Paper for the period 2014-2020; stresses the need to ensure better absorption of pre-accession assistance, notably by improving donor coordination and administrative capacity; urges the adoption of a national programme for approximation of the country’s laws with the EU acquis, a legal requirement under the SAA and an indispensable means of preparing for EU accession;

11.  Renews its call for the adoption of a countrywide strategy on human rights; underlines that amendments to the Ombudsman Law should be adopted as soon as possible, in order to ensure compliance with the Paris Principles; deems it necessary for BiH to establish a national preventive mechanism for the prevention of torture and ill treatment, and to adopt a state law on the rights of civilians tortured during the war, in accordance with its international obligations; considers that BiH should make more effort to bring the conditions in prisons and police holding facilities into line with international standards; urges once more the authorities of the Republika Srpska to repeal the provision on the death penalty from the entity’s constitution; reiterates the need to ensure non-discriminatory access to justice throughout the country through a harmonised and sustainable system of free legal aid; calls on the authorities to actively promote European values and to continue pursuing a European perspective;

12.  Calls on the BiH authorities to take concrete steps to mainstream gender into all policies, including the Reform Agenda, and expresses its concern about the under-representation of women in decision-making positions, in particular at local level; urges political parties in BiH to do more to ensure women are represented at all levels of the political system;

13.  Deplores the fact that BiH remains in breach of the European Convention on Human Rights by not implementing the rulings of the European Court of Human Rights (ECHR) in the Sejdić-Finci, Zornić, Pilav and Šlaku cases, which allows overt discrimination between citizens in BiH in flagrant contradiction with EU values and norms; recalls that the Commission should pay attention to this issue when preparing its opinion; maintains that implementing these rulings would help to establish a functioning democratic society; stresses that, as in the case of any aspiring member of the EU, BiH is expected to progressively align its constitutional and legal system with the requirements of the EU acquis regarding non-discrimination, and expects progress to be made on these essential issues in due course; insists that implementing these rulings should not affect further implementation of the Reform Agenda and must lead to the elimination of any restriction on the right to stand for election based on ethnicity and residence or owing to a citizen’s choice not to affiliate with a constituent people; believes, therefore, that constitutional and electoral reform should go hand-in-hand; calls on the political leaders to avoid nationalistic rhetoric that leads to the division of society and to continue with political dialogue and activities that lead to cooperation between the political representatives of the three peoples and others;

14.  Calls for more effective measures to combat all forms of discrimination, in particular by adopting countrywide human rights and anti-discrimination strategies; encourages the cooperation of the three peoples and others on cultural, religious and educational issues, bridging ethnic divides; regrets that there was no progress in addressing the ‘two schools under one roof’ issue; urges that decisive action be taken at all levels in order to find systemic solutions that will ensure inclusive and non-discriminatory education for all children; notes that the adoption of programmes and curricula throughout the whole territory of BiH should respect the cultural and linguistic diversity of the peoples while stressing mutual understanding and reconciliation; is concerned that a lack of resources and coordination is hampering the implementation of the 2015-2018 action plan for children; welcomes the BiH legislation on foster care and underlines the need to support further deinstitutionalisation of child care throughout the country; calls for improved access to education and to appropriate social services for children with disabilities and, more generally, for improved access to buildings, institutions and transport for persons with disabilities;

15.  Calls for more effective implementation of the legal provisions regarding equality between men and women, reducing pay gaps between men and women and enhancing access to the labour market for women, and for the combating of gender stereotypes in society; notes with concern the lack of effective implementation of the legislation on the prevention of and protection from gender-based violence, in particular domestic violence; points out the need to bring the legislation into line with the Istanbul Convention; urges that progress be made towards ensuring that the rights of persons with disabilities are respected, in particular by swiftly addressing the relevant UN recommendations; acknowledges the steps taken towards the legal protection of LGBTI persons but stresses that more needs to be done in order to prosecute violence and hate crimes against them, as well as to promote their social inclusion;

16.  Is concerned that lack of coordination between different levels of authority and lack of funding continue to hamper effective protection of minorities and vulnerable groups, in particular Roma people; calls for additional steps to be taken to reinforce the protection of minority rights; notes with concern that the results of the 2017 survey on marginalised Roma people in BiH shows their limited access to opportunities in every aspect of human development; condemns the stigmatisation and social exclusion of Roma people; calls on the authorities to commemorate the victims of the Roma Holocaust, to mark 2 August as Roma Holocaust Memorial Day, and to include Roma victims in their commemorations held on 27 January each year to mark Holocaust Remembrance Day; welcomes the adoption of a revised 2017-2020 Roma action plan on housing, employment and healthcare; insists that measures be taken to further improve the education, employment rates, health, housing and living conditions for Roma people and other minorities, focusing on improving and fully implementing the relevant existing policy and legislative frameworks; expresses concern about the low representation of members of national minorities in political and public life;

17.  Takes note of BiH’s participation in the 2018 OECD PISA assessment, enabled by the European Commission’s financial support; congratulates BiH’s educational institutions (competent ministries and institutions at the cantonal, entity and state levels, and in the Brčko District) for their cooperation and willingness to work together; urges future governments at all levels to use the test results, which are expected to be published in 2019, to engage in a constructive debate on and development of education reforms that will lead to better quality of educational output;

18.  Calls for a comprehensive reform of the social protection systems, by eliminating discriminatory practices in accordance with human rights obligations and ensuring that adequate minimum standards are set for the protection of the most vulnerable populations, including addressing gaps in legislation that prevent some children from having medical insurance; invites all the relevant institutions in BiH to strengthen coordination and collaboration on child rights monitoring, including through the establishment of a comprehensive child rights data collection mechanism in BiH;

19.  Notes that BiH remains a country of origin, transit and destination for trafficking in human beings; calls for border management to be improved and the specialised human trafficking investigation units to be strengthened in order to effectively combat smugglers;

20.  Is concerned about insufficient educational and economic reforms, which are leading to high levels of youth unemployment and economic emigration, and the lack of adequate policies and investment in children and young people; urges BiH to address the high gender imbalance of labour force participation rates and the exclusion of young people belonging to minority groups from education and employment measures; calls for a much more proactive and systematic policy vis-à-vis BiH’s young people, which should aim at empowering young people in the country; encourages BiH, in this respect, to establish a dedicated framework and ensure the full functioning of the Commission for Coordination of Youth Issues within the BiH Ministry of Civil Affairs;

21.  Calls for strategies and legislation on the rights of persons belonging to minority groups and their protection to be fully implemented and supported by public funds;

22.  Calls on BiH to ensure the right to property; points out the lack of a comprehensive legislative framework on handling restitution claims and encourages the authorities to open a dialogue with interested parties on issues pertaining to the restitution of, or compensation for, seized property;

23.  Regrets the lack of progress on freedom of expression and the independence of the media; clearly rejects continued attempts to put political and financial pressure on the media; condemns the recurrent cases of intimidation, death threats and verbal and physical attacks against journalists, in particular investigative journalists covering non-prosecuted war crimes cases; calls on the authorities to collect data on these cases, ensure swift investigation and prosecution of the perpetrators and promote an environment conducive to freedom of expression; points out the need to strengthen the financial stability and political neutrality of the Communications Regulatory Agency; reiterates its call to ensure the independence and sustainable financing of the public broadcasters, as well as the availability of content in all official languages; calls for more attention to be paid to the working conditions of journalists throughout the sector; expresses its concern about the lack of transparency of media ownership and reiterates its call to ensure full transparency by adopting the appropriate legislative framework; deplores the fact that due to political obstruction a functional public broadcasting service could not be established; reiterates its call to ensure media pluralism and emphasises that producing and broadcasting TV and radio content in all official languages of BiH would contribute to protecting cultural diversity in the country; stresses that, as is the case for other countries in the region, concerns remain regarding political instrumentalisation of the media, either directly by political players, or by business players in their attempts to exert political influence;

24.  Welcomes efforts aiming at promoting reconciliation, mutual respect and religious tolerance in the country, including those of the Inter-Religious Council of BiH; deplores continued cases of discrimination on religious grounds, as well as incidents targeting religious sites; praises and supports those who fight for freedom of expression, fight against hate speech and religious hatred, and promote inclusion; rejects incitement to fear against others and calls on the authorities to react promptly and consistently in all these cases;

25.  Welcomes the adoption of the Strategic Framework for the Public Administration Reform in Bosnia and Herzegovina 2018-2022 and calls for its swift implementation; draws attention again to the fragmentation and politicisation of the policy-making system in BiH, and stresses the need for reform of the constitutional framework in line with the highest standards of human rights and freedoms and the need to improve the quality, coherence and financial affordability of public policies throughout the country; calls for the adoption of a countrywide strategy on public financial management and for increased budget transparency in BiH, as well as for stronger mechanisms to prevent inefficiency and waste of public resources, including in the area of public procurement; calls in particular for action to be taken to reduce the risk of politicisation of civil service, through an effective human resources management system at all administrative levels, as well as by standardising civil service procedures across all governmental levels, particularly between the federal and cantonal levels in the Federation;

26.  Acknowledges that some progress has been made in establishing institutional mechanisms of cooperation between authorities and civil society organisations (CSOs) and in ensuring public financing for CSOs; reiterates its call for the adoption of a strategic framework of cooperation with civil society at all levels of governance, for the transparency of public decision-making to be enhanced and for additional efforts to be made in enabling public scrutiny of governments’ work; highlights, furthermore, the need to increase the involvement of civil society in planning, monitoring and implementing the EU support programmes; urges the authorities to conduct an effective dialogue which could lead to legislative and capacity-building initiatives that would strengthen the capacities of social partners and civil society; underlines the need for public funding to be made available for CSOs working on human rights, democracy and the rule of law, including watchdog and advocacy organisations, as well as for small grassroots organisations;

27.  Remains concerned by the widespread corruption in BiH and the persistent gap between the declared political will to fight it and the lack of concrete results; underlines that there is no track record of high profile cases and that the legal and institutional framework for combating systemic corruption in areas such as political party financing, public procurement, conflicts of interest and asset declaration is weak and inadequate; calls for steps to be taken to improve the legal and institutional anti-corruption framework in line with European standards, by better harmonising the action plans adopted at various levels, implementing the existing strategies and enhancing the cooperation between corruption prevention bodies and with the anti-corruption agency;

28.  Considers that additional efforts are needed to improve the fight against widespread corruption; urges that action be taken to significantly improve track records in the area of prevention and repression of corruption, including measures to impose effective and deterrent sanctions, including the confiscation of assets acquired through crime; emphasises the need to build up the capacity to counter and investigate economic, financial and public procurement-related crimes; stresses that particular attention should be given to conducting effective checks on the financing of political parties and electoral campaigns and to improving public access to and oversight of the asset declarations of public officials, including those standing for election; calls for the GRECO recommendations to be addressed, notably those on political party financing and conflicts of interest; deems it essential for BiH to adopt a law on conflicts of interest in accordance with European and international standards; urges BiH to conduct an analysis of the existing anti-corruption legal framework and subsequently to adopt a coherent strategy to address gaps and weaknesses identified, in accordance with international and European standards;

29.  Welcomes the adoption of the action plan on the implementation of the 2014-2018 Justice Sector Reform Strategy in March 2017 and the establishment of the necessary reporting and monitoring structures; points to the need for decisive action regarding its implementation; is concerned by continuing politically motivated threats against the judiciary; reiterates the need to strengthen the independence of the judiciary, including from political influence, as well as its impartiality, professionalism, efficiency and accountability; welcomes the detailed action plan adopted with a view to implementing the European Commission’s recommendations on issues within the remit of the High Judicial and Prosecutorial Council (HJPC) aimed at strengthening appointment, disciplinary and integrity measures as regards the judiciary, including through improved asset declarations; urges the swift adoption and implementation of related legislative acts; emphasises the need to revise the HJPC Law based on the Commission’s recommendations and the Opinion of the Venice Commission; calls for standardisation of penal codes for war crime cases and emphasises the importance of gender assessments of the ongoing judicial reform;

30.  Regrets the fact that authorities at all levels continue to disregard or reject binding decisions of the judiciary, including at the highest instance, and recalls that such acts represent a serious challenge to the rule of law;

31.  Welcomes the further reduction in the backlog of war crime cases, the continued positive trend in the prosecution of war crime cases involving sexual violence and improvements in in-court victim and witness support; urges the BiH authorities to harmonise legislation on civilian victims of war to cover victims of sexual violence, in order to prevent discrimination regarding status and access to reparations across the different entities; calls for prompt amendment of the national war crimes strategy, in order to ensure a more efficient distribution of cases between different levels of governance, along with new criteria and timelines for processing the most complex cases;

32.  Notes that a comprehensive transitional justice strategy and a solid mechanism for compensation of gross wartime human rights violations across the country, including for victims of war-related sexual violence, are still lacking; calls for the adoption of the Law on Victims of Torture, the Strategy on Transitional Justice and the Programme for Victims of Sexual Violence, and for the establishment of a special fund for compensation for victims of wartime rape, torture and abuse, and the setting up of adequate compensation mechanisms for civilian victims of war, to include restitution, compensation, rehabilitation, reparation and guarantees of non-repetition;

33.  Reiterates its support for the initiative to establish the Regional Commission tasked with establishing the facts about all victims of war crimes and other serious human rights violations committed on the territory of the former Yugoslavia (RECOM); stresses the importance of BiH leaders taking serious action on its establishment; underlines the importance of this process and the need for active engagement of all regional political leaders in order for RECOM to start its work without further delay; calls attention to the Coalition for RECOM’s proposal for an action plan with clear dates and benchmarks;

34.  Deplores any kind of glorification of persons convicted of the gravest crimes against humanity; calls, as a matter of urgency, for respect for victims of war crimes and reconciliation to be promoted; reminds all political leaders and institutions in BiH that they have a responsibility to assess war-time events objectively, in the interests of truth, reconciliation and a peaceful future, and to avoid misuse of the judiciary for political purposes; emphasises that the processing of war crimes must be based on the concept of judicial independence and must not be exploited for politicisation in order to serve everyday political ends, engage in historical revisionism or exacerbate divisions within society; notes with regret the decision by the Republika Srpska National Assembly to revoke its endorsement of the 2004 Srebrenica Commission Report and condemns statements from all sides that glorify war criminals;

35.  Underlines that, although significant progress has been achieved, the legacy of conflict-related sexual violence (CRSV) and trauma from the 1992-1995 war still needs proper attention in BiH; stresses that it must be ensured that female and male survivors, including children born in that context, have equitable access to care, support and justice through comprehensive reparations, including rehabilitation and alleviation of the stigmatisation of CRSV survivors;

36.  Acknowledges that certain, yet still insufficient, progress has been achieved in the implementation of Annex VII to the Dayton Peace Agreement on refugees and internally displaced persons; notes the slow progress in dealing with the persistent high number of internally displaced persons, minority returnees, refugees and missing persons; calls on the authorities to embark on intensive cooperation between the two entities and fully share all relevant military and intelligence data in order to identify persons still missing as a result of the war; welcomes recent initiatives aiming to enhance regional cooperation with a view to resolving the issue of missing persons and calls on the authorities in BiH to engage in this process; underlines the importance of collecting data on returnees; condemns cases of attacks against their property and notes that the success of the returnee policy in BiH is instrumental for reconciliation;

37.  Calls for the implementation of additional measures and concrete programmes in terms of the sustainable return of refugees, access to health care and employment, social protection, safety and education, and for significant attention to be paid to damages compensation for property that cannot be returned; urges, in this regard, the resumption of operations of the Commission for Real Property Claims of Displaced Persons and Refugees;

38.  Deplores the fact that the country still suffers due to the existence of landmines, which cover around 2,2 % of its total area and directly affect the safety of more than 540 000 inhabitants; welcomes the EU’s continued support to mine action and applauds the Demining Battalion of the Armed Forces in BiH for its excellent work; notes with concern the lack of sufficient quantities of state-of-the-art demining technology, which could lead to a drop from the current rate of 3 km2 of territory cleared per year to less than 1 km2 as of 2020; urges the Member States, therefore, to properly equip the Demining Battalion with the necessary means and equipment;

39.  Welcomes the adoption of the 2017-2020 Strategy for Combating Organised Crime and the progress in implementing the action plans on anti-money laundering measures and on the financing of terrorism; calls for a stepping-up of efforts to establish a track record of investigations, prosecutions, final convictions and confiscation of proceeds of organised crime; welcomes the long-awaited adoption of the amendments to the Criminal Procedure Code (CPC) by the BiH House of Representatives on 17 September 2018, as they are essential for the ability of rule of law institutions to conduct sensitive investigations and cooperate with international law enforcement agencies, and calls on the Commission to follow the implementation of these amendments closely; stresses that bringing the Law on the Intelligence Security Agency into line with European and international standards should remain a high priority for the authorities; appreciates the fact that BiH has been removed from the FATF list of ‘high-risk third countries with structural deficiencies in anti-money laundering/countering the financing of terrorism’, and calls for further efforts in order for it to be removed from the EU list of high-risk countries;

40.  Calls for continued efforts to combat radicalisation and for further measures to identify, prevent and comprehensively address the issue of foreign fighters, along with the illicit arms trade, and to trace money intended for further radicalisation; encourages the authorities to further improve BiH’s capacities for countering terrorism through better coordination, cooperation and exchange of criminal intelligence, the prevention of youth radicalisation, and deradicalisation programmes; calls on the authorities to develop a strategy to combat cybercrime and similar security threats; recalls the need for stronger cooperation on border management issues with neighbouring countries;

41.  Commends the BiH authorities’ efforts to stop departures of its citizens to foreign battlefields, and urges the authorities to apply appropriate sentencing for foreign terrorist fighters and to manage their subsequent social reintegration; notes with concern that radicalisation cells have been reported in certain locations in the country;

42.  Notes with concern the increasing number of migrants arriving in BiH lately and the lack of coordination between different government levels in responding to this situation; considers that the issue of migration should not be politicised; welcomes the EU humanitarian aid to address the increasing needs of refugees, asylum seekers and migrants in the country, and the adoption on 10 August 2018 of a special measure (worth EUR 6 million) to support BiH in managing the migration flows; emphasises the importance of taking into account the gender perspective of humanitarian aid and the impact of refugee camps on host communities; believes that cooperation with neighbouring countries and the EU is essential in addressing this common challenge;

43.  Calls for the adoption of a new set of EU-oriented reforms immediately after the formation of the new authorities in BiH, in order to resume the reform process and advance the country’s European integration; insists that effective conditionality should accompany EU financial support and that action plans and monitoring frameworks should be developed by the EU in line with the 20 principles of the European Pillar of Social Rights in order to realise the ‘new reinforced social dimension’, as stipulated in the 2018 Strategy for the Western Balkans; acknowledges that some progress has been made by BiH regarding economic development and competitiveness, but notes that the country is still at an early stage of establishing a functioning market economy; strongly believes that advancing socio-economic reforms, with the proper involvement of social partners, should be a high priority after the elections, with a view to improving living conditions in the country; notes the very limited progress in the social field; stresses the need to strengthen the economic fundamentals, such as growth, employment and the fight against the informal economy; points out the importance of restructuring the public sector, including public enterprises, further reducing the informal economy and the related fiscal burden on labour, improving the business environment (also through developing BiH’s single economic space), strengthening growth-friendly use of public finances, notably by focusing on medium-term needs such as infrastructure and education, and providing timely and exhaustive statistics in line with European and international standards;

44.  Notes the slow progress in environmental and climate protection; recalls the need to align with the EU acquis and to ensure effective and structured implementation of the environmental legislation throughout the country, in accordance with EU standards and in line with the countrywide Environmental Approximation Strategy; stresses again the need to swiftly address the transboundary air pollution caused by the oil refinery in Brod in line with EU environmental policies; emphasises that BiH needs to comply in full with its obligations under the Convention on Environmental Impact Assessment in a Transboundary Context and the Protocol on Strategic Environmental Assessment, in particular in the Neretva River Basin and Trebišnjica; underlines that planning and construction of hydropower plants and projects require compliance with international and EU environmental legislation, including the Birds and Habitats Directives and the Environmental Impact Assessment Directive; stresses the urgent need to avoid any negative impacts on areas of high nature value by improving the quality of environmental impact assessments and guaranteeing public participation and consultation of civil society in relevant projects;

45.  Notes that the electricity and gas markets remain fragmented and dominated by key incumbent companies; calls on the BiH authorities to further develop the country’s transport and energy infrastructure and to urgently create functional energy and transport chains; calls on BiH to take advantage of the new EU package for development of regional connectivity, and to work towards completing the Regional Energy Market in line with its climate commitments; advocates continued investments in infrastructure projects that will improve transport connectivity within BiH and with neighbouring countries; calls, when contractors are to be chosen, for tendering rules and the principle of transparency to be observed in order to prevent misuse of powers and corruption and to guarantee the selection of the best offers; expresses its support to the proposal of lowering roaming charges in the Western Balkans;

46.  Welcomes BiH’s constructive and stable bilateral relations and the signing of a number of bilateral agreements with its neighbours; calls for the strengthening of good neighbourly relations with the countries in the region and for further efforts to resolve all outstanding bilateral issues, including border demarcation with Serbia and Croatia, also with the aim of advancing towards membership of European organisations;

47.  Welcomes BiH’s Foreign Policy Strategy for the period 2018-2023 adopted by the Presidency of BiH, clearly stating that EU membership is one of the country’s main strategic objectives; regrets the fact that the degree of alignment with EU declarations and decisions of the Council regarding the Common Foreign and Security Policy (CFSP) dropped to 61 % in 2017; stresses the need for results regarding progressive alignment with the CFSP and calls for substantial improvement in this area, which constitutes an essential component of EU membership; strongly urges BiH to align itself with Council decisions introducing EU restrictive measures in the context of Russia’s illegal annexation of Crimea and events in eastern Ukraine, and deplores the deliberate lack of cooperation in this respect from some political actors;

48.  Notes the increasing influence of foreign powers in BiH and firmly believes that stronger EU engagement on the part of BiH remains the best way to ensure progress towards European values, stability and prosperity in the country; welcomes the continued presence of EUFOR Operation Althea in the country, which assists in capacity building and training of the armed forces of BiH, as well as retaining deterrence capacity to support a safe and secure environment; welcomes the extension of EUFOR’s mandate by the UN Security Council until November 2019;

49.  Urges the authorities to ensure strict alignment with EU and international standards and policy objectives in the field of energy and climate change; deplores the fact that the country’s efforts to combat climate change remain on the declarative level while at the same time decisions are being taken on the planning of new coal thermal power plants; calls, therefore, for the cancellation of the hydropower projects and plans that are harmful to nature, against the will of the local population, not in line with local or entity spatial development plans and beneficial only to investors;

50.  Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Presidency of Bosnia and Herzegovina, the Council of Ministers of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina, the governments and parliaments of the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District, and the governments of the ten cantons.

(1) S/2018/416, 3.5.2018.
(2) S/2018/974, 31.10.2018.


Common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those ***I
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Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375 – C8-0230/2018 – 2018/0196(COD))(1)
P8_TA(2019)0096A8-0043/2019

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Title
Proposal for a
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument
laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the European Agricultural Fund for Rural Development, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendment 2
Proposal for a regulation
Recital 1
(1)  Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.
(1)  Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. These regions particularly benefit from cohesion policy. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.
Amendment 3
Proposal for a regulation
Recital 1 a (new)
(1 a)  It is important for the future of the European Union and its citizens that cohesion policy remains the main investment policy of the Union, keeping its funding in the 2021-2027 period at least at the level of the 2014-2020 programming period. New funding for other areas of activity or programmes of the Union should not be to the detriment of the European Regional Development Fund, the European Social Fund Plus or the Cohesion Fund.
Amendment 430
Proposal for a regulation
Recital 2
(2)  In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF.
(2)  In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund, the EMFF and to a specific extent the European Agricultural Fund for Rural Development (EAFRD).
Amendment 5
Proposal for a regulation
Recital 4
(4)  The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession.
(4)  The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession in order to address their specific disadvantages related to their geographic location.
Amendment 6
Proposal for a regulation
Recital 5
(5)  Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
(5)  Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of the Child and of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation or exclusion, or support infrastructure which is inaccessible to persons with a disability. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article191(1) of the TFEU, taking into account the polluter pays principle and taking into account the commitments agreed under the Paris Agreement. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. Poverty is one of the greatest challenges of the EU. The Funds should therefore contribute to the elimination of poverty. They should also contribute to fulfilling the commitment of the Union and its Member States to achieving the United Nations’ Sustainable Development Goals.
Amendment 7
Proposal for a regulation
Recital 9
(9)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the EU budget expenditure supporting climate objectives.
(9)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstreaming climate actions and to the achievement of an overall target of 30 % of the EU budget expenditure supporting climate objectives. Climate proofing mechanisms should be an integral part of programming and implementation.
Amendment 8
Proposal for a regulation
Recital 9 a (new)
(9a)   Given the impact of migration flows from third countries, cohesion policy should contribute to integration processes, in particular by providing infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies.
Amendment 9
Proposal for a regulation
Recital 10
(10)  Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination.
(10)  Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination. Member States should be responsible for preparing and implementing programmes. This should take place at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and by the bodies designated by them for that purpose. Member States should refrain from adding rules that complicate the use of the funds for beneficiaries.
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12 OJ L […], […], p. […].
12 OJ L […], […], p. […].
Amendment 10
Proposal for a regulation
Recital 11
(11)  The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to apply.
(11)  The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of regional, local, and other public authorities, civil society and social partners. In order to provide continuity in the organisation of partnership, the Commission should be empowered to amend and adapt Commission Delegated Regulation (EU) No 240/201413.
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13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 11
Proposal for a regulation
Recital 12
(12)  At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU.
deleted
Amendment 12
Proposal for a regulation
Recital 13
(13)  Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.
(13)  Member States should take into account relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) in the preparation of programming documents, where they are consistent with the programme’s objectives. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs, as well as of the European Pillar of Social Rights. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.
Amendment 13
Proposal for a regulation
Recital 14
(14)  Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union14 , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes, as well as for the financial needs allocated for low-carbon investments.
(14)  Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union14 , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes, including during the mid-term review, as well as for the financial needs allocated for low-carbon investments.
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14 [Regulation on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM(2016)0759 final/2 - 2016/0375(COD)].
14 [Regulation on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM(2016)0759 final/2 - 2016/0375(COD)].
Amendment 14
Proposal for a regulation
Recital 15
(15)  The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, Partnership Agreements can be included as part of a programme.
(15)  The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, it should be possible for Partnership Agreements to be included as part of a programme.
Amendment 15
Proposal for a regulation
Recital 16
(16)  Each Member State should have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State.
(16)  Each Member State could have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State, under certain conditions specified in Article 10 of this Regulation.
Amendment 16
Proposal for a regulation
Recital 17
(17)  To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework.
(17)  To ensure the necessary prerequisites for the inclusive, non-discriminatory, effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework.
Amendment 17
Proposal for a regulation
Recital 18
(18)  Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance.
(18)  Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance. This should allow project selection and evaluation to be result-driven.
Amendment 18
Proposal for a regulation
Recital 19
(19)  The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.
(19)  The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024, as well as progress with the National Energy and Climate Plans and the European Pillar of Social Rights. Demographic challenges should also be taken into account. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.
Amendments 425/rev, 444/rev, 448 and 469
Proposal for a regulation
Recital 20
(20)  Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.
deleted
Amendment 20
Proposal for a regulation
Recital 20 a (new)
(20 a)  Member States could make in duly justified cases a request for flexibility within the current framework of the Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments activated as part of European Structural and Investment Funds (‘ESI Funds’). The Commission should carefully assess the respective request, when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact.
Amendment 21
Proposal for a regulation
Recital 22 a (new)
(22 a)  Major projects represent a substantial share of Union spending and are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth. It is therefore justified that operations above certain thresholds continue to be subject to specific approval procedures under this Regulation. The threshold should be established in relation to total eligible cost after taking account of expected net revenues. To ensure clarity, it is appropriate to define the content of a major project application for such a purpose. The application should contain the necessary information to provide assurance that the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union. The Member State should submit all required information and the Commission should appraise the major project to determine whether the requested financial contribution is justified.
Amendment 22
Proposal for a regulation
Recital 23
(23)  To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD') or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.
(23)  To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD', known as 'LEADER' under the EAFRD), or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. The same should apply to related initiatives such as the Smart Villages. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.
Amendment 23
Proposal for a regulation
Recital 24
(24)  To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a 'Lead Fund' approach should be facilitated.
(24)  To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community and administrative capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a 'Lead Fund' approach should be facilitated.
Amendment 24
Proposal for a regulation
Recital 25
(25)  In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground.
(25)  In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures, such as the evaluation of the skills set of human resources, using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground.
Amendment 25
Proposal for a regulation
Recital 27
(27)  In order to examine the performance of the programmes, the Member State should set up monitoring committees. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.
(27)  In order to examine the performance of the programmes, the Member State should set up monitoring committees, consisting also of representatives of civil society and social partners. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.
Amendment 26
Proposal for a regulation
Recital 28
(28)  Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201616, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground.
(28)  Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201616, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground. Indicators should be developed in a gender sensitive manner when possible.
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16 OJ L 123, 12.5.2016, p. 13.
16 OJ L 123, 12.5.2016, p. 13.
Amendment 27
Proposal for a regulation
Recital 29
(29)  To ensure availability of comprehensive up-to-date information on programme implementation, more frequent electronic reporting on quantitative data should be required.
(29)  To ensure availability of comprehensive up-to-date information on programme implementation, effective and timely electronic reporting on quantitative data should be required.
Amendment 28
Proposal for a regulation
Recital 30
(30)  In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds.
(30)  In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds. The results of these evaluations should be made public.
Amendment 29
Proposal for a regulation
Recital 34
(34)  As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private.
(34)  As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. Where a Member State intends to propose the use of a simplified cost option, it could consult the monitoring committee.
Amendment 30
Proposal for a regulation
Recital 36
(36)  In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects.
(36)  In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects, as well as with projects funded under Horizon Europe and other Union programmes.
Amendment 31
Proposal for a regulation
Recital 38
(38)  To ensure the effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.
(38)  To ensure the inclusiveness, effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are non-discriminatory and long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.
Amendment 32
Proposal for a regulation
Recital 40
(40)  In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.
(40)  In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. This policy coordination should promote easy-to-use mechanisms and multi-level governance. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.
Amendment 33
Proposal for a regulation
Recital 42 a (new)
(42a)   Managing authorities should have the possibility to implement financial instruments through a direct award of a contract to the EIB Group, national promotional banks and to international financial institutions (IFIs).
Amendment 34
Proposal for a regulation
Recital 44
(44)  In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions.
(44)  In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions. In this framework, the Commission should, in cooperation with the European Court of Auditors, give guidance to auditors, managing authorities and beneficiaries for assessing compliance with state aid and developing state aid schemes.
Amendment 35
Proposal for a regulation
Recital 45 a (new)
(45a)   In order to increase accountability and transparency, the Commission should provide for a complaints-handling system accessible to all citizens and stakeholders at all stages of preparation and implementation of programmes including monitoring and evaluation.
Amendment 36
Proposal for a regulation
Recital 46
(46)  In order to hasten the start of programme implementation, the roll-over of implementation arrangements from the previous programming period should be facilitated. The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.
(46)  In order to hasten the start of programme implementation, the roll-over of implementation arrangements, including administrative and IT systems, from the previous programming period should be facilitated where possible. The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.
Amendment 37
Proposal for a regulation
Recital 48 a (new)
(48 a)  To support the effective use of the Funds, the EIB support should be available to all Member States at their request. This could cover capacity building, support for project identification, preparation and implementation, as well as advice on financial instruments and investment platforms.
Amendment 38
Proposal for a regulation
Recital 50
(50)  To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the beneficiaries as well as the level of risk identified by previous management verifications and audits.
(50)  To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the complexity and number of operations, the beneficiaries as well as the level of risk identified by previous management verifications and audits. Management and control measures for the Funds should be proportionate to the level of risk to the Union budget.
Amendment 39
Proposal for a regulation
Recital 58
(58)  Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.
(58)  Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should provide a detailed report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations. Member States that do not participate in the enhanced cooperation with the EPPO should report to the Commission on decisions taken by national prosecution authorities in relation to cases of irregularities affecting the Union budget.
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18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 40
Proposal for a regulation
Recital 61
(61)  Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council23 , as amended by Commission Regulation (EU) No 868/201424 .
(61)  Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council23 , as most recently amended by Commission Regulation (EU) 2016/206624 .
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23 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
23 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
24 Commission Regulation (EU) No 868/2014 of 8 August 2014 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 241, 13.8.2014, p. 1).
24 Commission Regulation (EU) 2016/2066 of 21 November 2016 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 322, 29.11.2016, p. 1).
Amendment 41
Proposal for a regulation
Recital 62
(62)  In order to set out an appropriate financial framework for the ERDF, the ESF+ and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.
(62)  In order to set out an appropriate financial framework for the ERDF, the ESF+, the EMFF and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.
Amendment 42
Proposal for a regulation
Recital 63
(63)  Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation]25 will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). Building on the successful approach of the 2014-2020 programming period, EUR 10 000 000 000 of the Cohesion Fund should be transferred to the CEF for this purpose.
(63)  Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation]25 will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). Building on the successful approach of the 2014-2020 programming period, EUR 4 000 000 000 of the Cohesion Fund should be transferred to the CEF for this purpose.
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25 Regulation (EU) […] of the European Parliament and of the Council of […] on [CEF] (OJ L […], […], p. […])]
25 Regulation (EU) […] of the European Parliament and of the Council of […] on [CEF] (OJ L […], […], p. […])]
Amendment 43
Proposal for a regulation
Recital 64
(64)  A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission.
(64)  A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission. Further reflection should be carried out in future on the specific support which is provided for disadvantaged regions and communities.
Amendment 44
Proposal for a regulation
Recital 65 a (new)
(65a)   With a view to tackling the challenges faced by middle income regions, as described in the 7th cohesion report1a (low growth compared to more developed regions but also compared to less developed regions, this issue being faced especially by regions with a GDP per capita between 90% and 100% of the average GDP of the EU-27), "transition regions" should receive adequate support and be defined as regions whose GDP per capita is between 75 % and 100% of the average GDP of the EU-27.
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1a The Commission’s 7th report on economic, social and territorial cohesion, entitled ‘My region, My Europe, Our future: The 7th report on economic, social and territorial cohesion’ (COM(2017)0583, 9 October 2017).
Amendment 45
Proposal for a regulation
Recital 66 a (new)
(66 a)  Within the context of the UK's withdrawal from the Union, several regions and Member States will be more exposed to the consequences of this withdrawal than the others, due to their geography, nature and / or the extent of their trading links. It is therefore important to identify practical solutions for support also within the framework of cohesion policy to address the challenges for the concerned regions and Member States once the UK's withdrawal has taken place. Furthermore, a continuous cooperation, involving exchanges of information and good practices at the level of the most impacted local and regional authorities and Member States will need to be established.
Amendment 46
Proposal for a regulation
Recital 67
(67)  It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average.
(67)  It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average, while safeguarding no less favourable treatment due to shifts in their categorisation.
Amendment 47
Proposal for a regulation
Recital 69
(69)  In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies.
(69)  In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the amendment of the European code of conduct on partnership in order to adapt the code to this Regulation, the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies.
Amendment 48
Proposal for a regulation
Recital 70
(70)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(70)  It is of particular importance that the Commission carry out appropriate, transparent consultations with all interested parties during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 49
Proposal for a regulation
Recital 73
(73)  The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the backwardness of the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(73)  The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the specific challenges faced by the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 50
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a)  financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund,, the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');
(a)  financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development ('EAFRD'), the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');
Amendment 431
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b)  common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF.
(b)  common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF, and to the EAFRD as prescribed in paragraph 1a of this Article.
Amendment 432
Proposal for a regulation
Article 1 – paragraph 1 a (new)
1a.   Title I, Chapter I - Article 2- paragraph 4 a, Chapter II - Article 5, Title III, Chapter II - Articles 22 to 28 and Title IV - Chapter III - Section I- Articles 41 to 43 shall apply to aid measures financed by the EAFRD and Title I- Chapter 1 - Article 2- paragraphs 15 to 25 , as well as Title V- Chapter II - Section II - Articles 52 to 56 shall apply to financial instruments provided for in Article 74 of Regulation (EU) .../... [CAP Strategic Plans Regulation] and supported under the EAFRD.
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1)  'relevant country specific recommendations' mean Council recommendations adopted in accordance with Article 121(2) and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;
(1)  'relevant country specific recommendations' mean Council recommendations adopted in accordance with Articles 121(2) and (4) and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;
Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
(1 a)   ‘enabling condition' means a concrete and precisely defined condition which has a genuine link to a direct impact on the effective and efficient achievement of a specific objective of the programme;
Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
(4 a)  'programme' in the context of the EAFRD means the CAP Strategic Plans as referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’);
Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point c
(c)  in the context of State aid schemes, the undertaking which receives the aid;
(c)  in the context of State aid schemes, the body or the undertaking, as appropriate, which receives the aid, except where the aid per undertaking is less than EUR 200 000 , in which case the Member State concerned may decide that the beneficiary is the body granting the aid, without prejudice to Commission Regulations (EU) No 1407/20131a, (EU) No 1408/20131b and (EU) No 717/20141c;
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1a OJ L 352, 24.12.2013, p. 1.
1b OJ L 352, 24.12.2013, p. 9.
1c OJ L 190, 28.6.2014, p. 45.
Amendment 58
Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9)  'small project fund' means an operation in an Interreg programme aimed at the selection and implementation of projects of limited financial volume;
(9)  'small project fund' means an operation in an Interreg programme aimed at the selection and implementation of projects, including people-to-people projects of limited financial volume;
Amendment 59
Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21)  'specific fund' means a fund, set-up by a managing authority or a holding fund, to provide financial products to final recipients;
(21)  'specific fund' means a fund set up by a managing authority or a holding fund through which they provide financial products to final recipients;
Amendment 60
Proposal for a regulation
Article 2 – paragraph 1 – point 36 a (new)
(36a)  ’energy efficiency first principle’ means the prioritisation, in energy planning, policy and investment decisions, of measures that make the demand and supply of energy more efficient;
Amendment 61
Proposal for a regulation
Article 2 – paragraph 1 – point 37
(37)  'climate proofing' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available, or internationally recognised standards.
(37)  'climate proofing' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with internationally recognised standards or national rules and guidance, where available, that the energy efficiency first principle is respected and that specific emission reduction and decarbonisation pathways are chosen;
Amendment 62
Proposal for a regulation
Article 2 – paragraph 1 – point 37 a (new)
(37a)  ‘EIB’ means the European Investment Bank, the European Investment Fund or any subsidiary of the European Investment Bank.
Amendment 63
Proposal for a regulation
Article 4 – paragraph 1 – point a
(a)  a smarter Europe by promoting innovative and smart economic transformation;
(a)  a more competitive and smarter Europe by promoting innovative and smart economic transformation and strengthening small and medium-sized enterprises;
Amendment 64
Proposal for a regulation
Article 4 – paragraph 1 – point b
(b)  a greener, low-carbon Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management;
(b)  a greener, low-carbon transitioning towards a net zero carbon economy and resilient Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate change mitigation and adaptation and risk prevention and management;
Amendment 65
Proposal for a regulation
Article 4 – paragraph 1 – point c
(c)  a more connected Europe by enhancing mobility and regional ICT connectivity;
(c)  a more connected Europe by enhancing mobility, including smart and sustainable mobility, and regional ICT connectivity;
Amendment 66
Proposal for a regulation
Article 4 – paragraph 1 – point d
(d)  a more social Europe implementing the European Pillar of Social Rights;
(d)  a more social and inclusive Europe implementing the European Pillar of Social Rights;
Amendment 67
Proposal for a regulation
Article 4 – paragraph 1 – point e
(e)  a Europe closer to citizens by fostering the sustainable and integrated development of urban, rural and coastal areas and local initiatives.
(e)  a Europe closer to citizens by fostering the sustainable and integrated development of all regions, areas and local initiatives.
Amendment 68
Proposal for a regulation
Article 4 – paragraph 3
3.  Member States shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.
3.  Member States shall ensure climate proofing for relevant operations through the entire planning and implementation process and shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.
Amendment 69
Proposal for a regulation
Article 4 – paragraph 4
4.  Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation.
4.  In accordance with their respective responsibilities and in line with the principles of subsidiarity and multilevel governance, Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible in order to avoid duplication during planning and implementation.
Amendment 70
Proposal for a regulation
Article 4 – paragraph 4 a (new)
4 a.   Member States and the Commission shall ensure compliance with relevant State aid rules.
Amendment 71
Proposal for a regulation
Article 5 – paragraph 1
1.  The Member States and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the 'Financial Regulation').
1.  The Member States, in accordance with their institutional and legal framework, and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the 'Financial Regulation').
Amendment 72
Proposal for a regulation
Article 5 – paragraph 2
2.  However, the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility ('CEF'), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation.
2.  Without prejudice to Article 1(2), the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility ('CEF'), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation.
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_________________
37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].
37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].
Amendment 73
Proposal for a regulation
Article 5 – paragraph 3
3.  The Commission may implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management.
3.  The Commission may, with the agreement of the Member State and the region concerned, implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management.
Amendment 74
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1.  Each Member State shall organise a partnership with the competent regional and local authorities. That partnership shall include at least the following partners:
1.  For the Partnership Agreement and each programme, each Member State shall, in accordance with its institutional and legal framework, organise a fully -fledged, effective partnership. That partnership shall include at least the following partners:
Amendment 75
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a)  urban and other public authorities;
(a)  regional, local, urban and other public authorities;
Amendment 76
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c)  relevant bodies representing civil society, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination.
(c)  relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination.
Amendment 77
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
(c a)   research institutions and universities, where appropriate.
Amendments 78 and 459
Proposal for a regulation
Article 6 – paragraph 2
2.  In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with Article 34.
2.  In accordance with the multi-level governance principle and following a bottom-up approach, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34. In that context, Member States shall allocate an appropriate percentage of the resources coming from the Funds for the administrative capacity building of social partners and civil society organisations. For cross-border programmes, the Member States concerned shall include partners from all participating Member States.
Amendment 79
Proposal for a regulation
Article 6 – paragraph 3
3.  The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/201438 .
3.  The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/201438 . The Commission is empowered to adopt delegated acts, in accordance with Article 107, concerning amendments to Delegated Regulation (EU) No 240/2014 in order to adapt that Delegated Regulation to this Regulation.
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38 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
38 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 80
Proposal for a regulation
Article 6 – paragraph 4
4.  At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes.
4.  At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report to the European Parliament and Council on the outcome.
Amendment 81
Proposal for a regulation
Article 6 a (new)
Article 6 a
Horizontal Principles
1.  Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Funds.
2.  Member States and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation.
3.  Member States and the Commission shall take appropriate steps to prevent any discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, implementation, monitoring, reporting and evaluation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes.
4.  The objectives of the Funds shall be pursued in line with the principle of sustainable development, taking into account the UN Sustainable Development Goals and with the Union’s promotion of the aim of preserving, protecting and improving the quality of environment and combating climate change, taking into account the polluter pays principle, as set out in Article 191(1) and (2) TFEU.
Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, energy efficiency first-principle, socially just energy transition, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. They shall aim at avoiding investments related to production, processing, distribution, storage or combustion of fossil fuels.
Amendment 82
Proposal for a regulation
Article 7 – paragraph 1
1.  Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.
1.  Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027. Such Partnership Agreement shall be prepared in accordance with the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014.
Amendment 83
Proposal for a regulation
Article 7 – paragraph 2
2.  The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme.
2.  The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme, but not later than 30 April 2021.
Amendment 84
Proposal for a regulation
Article 7 – paragraph 3
3.  The Partnership Agreement may be submitted together with the relevant annual National Reform Programme.
3.  The Partnership Agreement may be submitted together with the relevant annual National Reform Programme and the National Energy and Climate Plan.
Amendment 85
Proposal for a regulation
Article 8 – paragraph 1 – point a
(a)  the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations;
(a)  the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, taking into account and listing relevant country-specific recommendations, as well as regional challenges;
Amendment 86
Proposal for a regulation
Article 8 – paragraph 1 – point b – point i
(i)  a summary of the policy choices and the main results expected for each of the Funds, including where relevant, through the use of InvestEU;
(i)  a summary of the policy choices and the main results expected for each of the Funds;
Amendment 87
Proposal for a regulation
Article 8 – paragraph 1 – point b – point ii
(ii)  coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes;
(ii)  coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes, in particular with regard to CAP Strategic Plans referred to in Regulation (EU) [...] (the 'CAP Strategic Plans Regulation');
Amendment 88
Proposal for a regulation
Article 8 – paragraph 1 – point b – point iii
(iii)  complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;
(iii)  complementarities and synergies between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects, and, where appropriate, projects funded under Horizon Europe;
Amendment 89
Proposal for a regulation
Article 8 – paragraph 1 – point b – point iii a (new)
(iii a)   delivery on targets, policies and measures under the National Energy and Climate Plans;
Amendment 90
Proposal for a regulation
Article 8 – paragraph 1 – point c
(c)  the preliminary financial allocation from each of the Funds by policy objective at national level, respecting Fund-specific rules on thematic concentration;
(c)  the preliminary financial allocation from each of the Funds by policy objective at national and where appropriate at regional level, respecting Fund-specific rules on thematic concentration;
Amendment 91
Proposal for a regulation
Article 8 – paragraph 1 – point d
(d)  where relevant, the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;
(d)  the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;
Amendment 92
Proposal for a regulation
Article 8 – paragraph 1 – point e
(e)  the amounts to be contributed to InvestEU by Fund and by category of regions;
deleted
Amendment 93
Proposal for a regulation
Article 8 – paragraph 1 – point g
(g)  a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds.
(g)  a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds and its management and control system.
Amendment 94
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
(ga)   where appropriate, an integrated approach to address the demographic challenges and/ or specific needs of regions and areas;
Amendment 95
Proposal for a regulation
Article 8 – paragraph 1 – point g b (new)
(g b)   a communication and visibility strategy.
Amendment 96
Proposal for a regulation
Article 8 – paragraph 1 a (new)
The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs.
Amendment 97
Proposal for a regulation
Article 8 – paragraph 2
With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes.
With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes and the cross-border investment needs in the concerned Member State.
Amendment 98
Proposal for a regulation
Article 9 – paragraph 1
1.  The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.
1.  The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall, take into account the provisions of Article 4 and 6, the relevant country-specific recommendations, as well as the measures linked to integrated national energy and climate plans and the way they are addressed.
Amendment 99
Proposal for a regulation
Article 9 – paragraph 2
2.  The Commission may make observations within three months of the date of submission by the Member State of the Partnership Agreement.
2.  The Commission may make observations within two months of the date of submission by the Member State of the Partnership Agreement.
Amendment 100
Proposal for a regulation
Article 9 – paragraph 3
3.  The Member State shall review the Partnership Agreement taking into account the observations made by the Commission.
3.  The Member State shall review the Partnership Agreement taking into account the observations made by the Commission within one month of the date of their submission.
Amendment 101
Proposal for a regulation
Article 9 – paragraph 4
4.  The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.
4.  The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of the first submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.
Amendment 428
Proposal for a regulation
Article 10 – paragraph 1
1.  Member States may allocate, in the Partnership Agreement or in the request for an amendment of a programme, the amount of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. The amount to be contributed to InvestEU shall not exceed 5 % of the total allocation of each Fund, except in duly justified cases. Such contributions shall not constitute transfers of resources under Article 21.
1.  As of 1 January 2023, Member States, with the agreement of the managing authorities concerned, may allocate, in the request for an amendment of a programme, up to 2% of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. Up to 3% of the total allocation of each Fund may be further allocated to InvestEU under the mid-term review. Such contributions shall be available for investments in line with cohesion policy objectives and in the same category of regions targeted by the Funds of origin. Whenever an amount of ERDF, ESF+, Cohesion Fund is contributed to Invest EU, the enabling conditions as described in Article 11 and in Annexes III and IV to this Regulation shall apply. Only resources of future calendar years may be allocated.
Amendment 103
Proposal for a regulation
Article 10 – paragraph 2
2.   For the Partnership Agreement, resources of the current and future calendar years may be allocated. For the request for an amendment of a programme, only resources of future calendar years may be allocated.
deleted
Amendment 104
Proposal for a regulation
Article 10 – paragraph 3
3.  The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the Member State compartment.
3.  The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the respective Member State compartment.
Amendment 105
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December 2021 for an amount referred to in paragraph 1 allocated in the Partnership Agreement, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.
Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December 2023 for an amount referred to in paragraph 1, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.
Amendment 106
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme.
The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded, or amended as the case may be, simultaneously with the adoption of the decision amending the programme.
Amendment 107
Proposal for a regulation
Article 10 – paragraph 5
5.  Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to a programme or programmes and the Member State shall submit a corresponding request for a programme amendment.
5.  Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to the original programme or programmes and the Member State shall submit a corresponding request for a programme amendment. In this particular case, resources of past calendar years may be modified, as long as the commitments are not yet implemented.
Amendment 108
Proposal for a regulation
Article 10 – paragraph 7
7.  Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and shall be used for support under the same objective or objectives in the form of financial instruments.
7.  Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and the local or regional authority concerned by the contribution and shall be used for support under the same objective or objectives in the form of financial instruments.
Amendment 109
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
For each specific objective, prerequisite conditions for its effective and efficient implementation ('enabling conditions') are laid down in this Regulation.
For each specific objective, prerequisite conditions for its effective and efficient implementation ('enabling conditions') are laid down in this Regulation. Enabling conditions shall apply to the extent to which they contribute to the achievement of the specific objectives of the programme.
Amendment 110
Proposal for a regulation
Article 11 – paragraph 2
2.  When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification.
2.  When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification. On the request of a Member State, the EIB may contribute to the assessments of actions needed to fulfil the relevant enabling conditions.
Amendment 111
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
The Commission shall, within three months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.
The Commission shall, within two months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.
Amendment 112
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within one month.
Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within maximum two months.
Amendment 113
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Expenditure related to operations linked to the specific objective cannot be included in payment applications until the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4.
Expenditure related to operations linked to the specific objective may be included in payment applications before the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4, without prejudice to the suspension of the reimbursement itself until such time as the condition is fulfilled.
Amendment 115
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Member State shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds.
The Member State, where appropriate, in cooperation with local and regional authorities, shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds.
Amendment 116
Proposal for a regulation
Article 12 – paragraph 2
2.  Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [4(c)(vii)] of the ESF+ Regulation.
2.  Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [4(1)(xi)] of the ESF+ Regulation.
Amendment 117
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
1.  For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State shall review each programme, taking into account the following elements:
1.  For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State and relevant managing authorities shall review each programme, taking into account the following elements:
Amendment 118
Proposal for a regulation
Article 14 – paragraph 1 – point a
(a)  the challenges identified in relevant country-specific recommendations adopted in 2024;
(a)  new challenges identified in relevant country-specific recommendations adopted in 2024 and the targets identified in the implementation of the integrated national climate and energy plans, if relevant;
Amendment 119
Proposal for a regulation
Article 14 – paragraph 1 – point b
(b)  the socio-economic situation of the Member State or region concerned;
(b)  the socio-economic situation of the Member State or region concerned, including the state of implementation of the European Pillar of Social Rights and territorial needs with a view to reducing disparities, as well as economic and social inequalities;
Amendment 120
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
(d a)  any major negative financial, economic or social developments which require an adjustment of the programmes, including as a consequence of symmetric or asymmetric shocks in the Member States and their regions.
Amendment 121
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
The Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1). The Member State shall justify the amendment on the basis of the elements set out in paragraph 1.
In accordance with the outcome of the review, the Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1) or state that no amendment is requested. The Member State shall justify the amendment on the basis of the elements set out in paragraph 1 or, as appropriate, give reasons for not requesting the amendment of a programme.
Amendment 122
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point a
(a)  the allocations of the financial resources by priority including the amounts for the years 2026 and 2027;
(a)  the revised initial allocations of the financial resources by priority including the amounts for the years 2026 and 2027;
Amendment 123
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point b a (new)
(b a)   the amounts to be contributed to InvestEU per Fund and per category of region, where appropriate;
Amendment 124
Proposal for a regulation
Article 14 – paragraph 3 a (new)
3 a.   The Commission shall, by 31 March 2026, adopt a report summarising the results of the review referred to in paragraphs 1 and 2. The Commission shall communicate the report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendments 425/rev, 444/rev, 448 and 469
Proposal for a regulation
Article 15
[...]
deleted
Amendment 140
Proposal for a regulation
Article 16 – paragraph 1
1.  Member States shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027.
1.  Member States in cooperation with the partners referred to in Article 6 shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027.
Amendment 141
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
A programme shall consist of priorities. Each priority shall correspond to a single policy objective or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.
A programme shall consist of priorities. Each priority shall correspond to one or several policy objectives or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.
Amendment 142
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point i
(i)  economic, social and territorial disparities, except for programmes supported by the EMFF;
(i)  economic, social and territorial disparities as well as inequalities, except for programmes supported by the EMFF;
Amendment 143
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point ii
(ii)  market failures, investment needs and complementarity with other forms of support;
(ii)  market failures, investment needs and complementarity and synergies with other forms of support;
Amendment 144
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
(iii)  challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;
(iii)  challenges identified in the relevant country-specific recommendations;
Amendment 145
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iv
(iv)  challenges in administrative capacity and governance;
(iv)  challenges in administrative capacity and governance and simplification measures;
Amendment 146
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iv a (new)
(iv a)   an integrated approach to address demographic challenges, where relevant;
Amendment 147
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point vi a (new)
(vi a)   challenges and related objectives identified within National Energy and Climate Plans and in the European Pillar of Social Rights;
Amendment 148
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii
(vii)  for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans;
(vii)  for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans, as well as identified shortcomings;
Amendment 149
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point i
(i)  the related types of actions, including a list of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate;
(i)  the related types of actions, including an indicative list and timetable of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate;
Amendment 150
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point iii a (new)
(iii a)   actions safeguarding equality, inclusion and non-discrimination;
Amendment 151
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point v
(v)  the interregional and transnational actions with beneficiaries located in at least one other Member State;
(v)  the interregional, cross-border and transnational actions with beneficiaries located in at least one other Member State;
Amendment 152
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point v a (new)
(va)   sustainability of investments;
Amendment 153
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point vii a (new)
(vii a)   a description of how complementarities and synergies with other Funds and instruments are to be pursued;
Amendment 154
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point i
(i)  the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels, social media outreach, planned budget and relevant indicators for monitoring and evaluation;
(i)  the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels, where appropriate social media outreach, as well as planned budget and relevant indicators for monitoring and evaluation;
Amendment 155
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point j
(j)  the managing authority, the audit authority and the body which receives payments from the Commission.
(j)  the managing authority, the audit authority, the body responsible for the accounting function under Article 70, and the body which receives payments from the Commission.
Amendment 156
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [4(c)(vii)] of the ESF+Regulation.
Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [4(1)(xi)] of the ESF+Regulation.
Amendment 157
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2 a (new)
An environmental report containing relevant information on the effects on the environment in accordance with Directive 2001/42/EC shall be annexed to the programme, taking into account climate change mitigation needs.
Amendment 158
Proposal for a regulation
Article 17 – paragraph 6
6.  For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to 2025 only.
6.  For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to 2027.
Amendment 160
Proposal for a regulation
Article 18 – paragraph 1
1.  The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.
1.  The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations, as well as relevant challenges identified in the implementation of the Integrated National Energy and Climate Plans and in the European Pillar of Social Rights and the way they are addressed.
Amendment 161
Proposal for a regulation
Article 18 – paragraph 2
2.  The Commission may make observations within three months of the date of submission of the programme by the Member State.
2.  The Commission may make observations within two months of the date of submission of the programme by the Member State.
Amendment 162
Proposal for a regulation
Article 18 – paragraph 3
3.  The Member State shall review the programme taking into account the observations made by the Commission.
3.  The Member State shall review the programme taking into account the observations made by the Commission within two months of their submission.
Amendment 163
Proposal for a regulation
Article 18 – paragraph 4
4.  The Commission shall adopt a decision by means of an implementing act approving the programme no later than six months after the date of submission of the programme by the Member State.
4.  The Commission shall adopt a decision by means of an implementing act approving the programme no later than five months after the date of the first submission of the programme by the Member State.
Amendment 164
Proposal for a regulation
Article 19 – paragraph 2
2.  The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within three months of the submission of the amended programme.
2.  The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within two months of the submission of the amended programme.
Amendment 165
Proposal for a regulation
Article 19 – paragraph 3
3.  The Member State shall review the amended programme and take into account the observations made by the Commission.
3.  The Member State shall review the amended programme and take into account the observations made by the Commission within two months of their submission.
Amendment 166
Proposal for a regulation
Article 19 – paragraph 4
4.  The Commission shall approve the amendment of a programme no later than six months after its submission by the Member State.
4.  The Commission shall approve the amendment of a programme no later than three months after its submission by the Member State.
Amendment 167
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 5 % of the initial allocation of a priority and no more than 3 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
The Member State may transfer during the programming period an amount of up to 7 % of the initial allocation of a priority and no more than 5 % of the programme budget to another priority of the same Fund of the same programme. In doing so the Member State shall respect the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 168
Proposal for a regulation
Article 19 – paragraph 6
6.  The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections.
6.  The approval of the Commission shall not be required for corrections of a purely clerical, technical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections.
Amendment 169
Proposal for a regulation
Article 20 – paragraph 2
2.  The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 10 % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation.
2.  The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 15 % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation.
Amendment 170
Proposal for a regulation
Article 21 – paragraph 1
1.  Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect management.
1.  For the purpose of ensuring flexibility, Member States may request, if agreed by the monitoring committee of the programme, the transfer of up to 5% of programme financial allocations from any of the Funds to the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, or the European Maritime and Fisheries Fund.
Amendments 171 and 434
Proposal for a regulation
Article 21 – paragraph 2
2.  Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred and, in the case of transfers to instruments under direct or indirect management, for the benefit of the Member State concerned.
2.  Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred.
Amendments 172, 433 and 434
Proposal for a regulation
Article 21 – paragraph 3
3.  Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.
3.  Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified with a view to the complementarities and impact to be achieved, and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.
Amendment 173
Proposal for a regulation
Title 3 – chapter 1 a (new)
CHAPTER I a - Major projects
Amendment 174
Proposal for a regulation
Article 21 a (new)
Article 21 a
Content
As part of a programme or programmes, the ERDF and the Cohesion Fund may support an operation comprising a series of works, activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and for which the total eligible cost exceeds EUR 100 000 000 (the 'major project'). Financial instruments shall not be considered to be major projects.
Amendment 175
Proposal for a regulation
Article 21 b (new)
Article 21 b
Information necessary for the approval of a major project
Before a major project is approved, the managing authority shall submit to the Commission the following information:
(a)  details concerning the body to be responsible for implementation of the major project, and its capacity;
(b)  a description of the investment and its location;
(c)  the total cost and total eligible cost;
(d)  feasibility studies carried out, including the options analysis, and the results;
(e)  a cost-benefit analysis, including an economic and a financial analysis, and a risk assessment;
(f)  an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience;
(g)  an explanation as to how the major project is consistent with the relevant priorities of the programme or programmes concerned, and its expected contribution to achieving the specific objectives of those priorities and the expected contribution to socio-economic development;
(h)  the financing plan showing the total planned financial resources and the planned support from the Funds, the EIB, and all other sources of financing, together with physical and financial indicators for monitoring progress, taking account of the identified risks;
(i)  the timetable for implementing the major project and, where the implementation period is expected to be longer than the programming period, the phases for which support from the Funds is requested during the programming period.
Amendment 176
Proposal for a regulation
Article 21 c (new)
Article 21 c
Decision on a major project
1.  The Commission shall appraise the major project on the basis of the information referred to in Article 21b in order to determine whether the requested financial contribution for the major project selected by the managing authority is justified. The Commission shall adopt a decision on the approval of the financial contribution to the selected major project, by means of an implementing act, no later than three months after the date of submission of the information referred to in Article 21b.
2.  The approval by the Commission under paragraph 1 shall be conditional on the first works contract being concluded, or, in the case of operations implemented under PPP structures, on the signing of the PPP agreement between the public body and the private sector body, within three years of the date of the approval.
3.  Where the Commission does not approve the financial contribution to the selected major project, it shall give in its decision the reasons for its refusal.
4.  Major projects submitted for approval under paragraph 1 shall be contained in the list of major projects in a programme.
5.  Expenditure relating to a major project may be included in a payment application after the submission for approval referred to in paragraph 1. Where the Commission does not approve the major project selected by the managing authority, the declaration of expenditure following the withdrawal of the application by the Member State or the adoption of the Commission decision shall be rectified accordingly.
(This amendment will require consequential adjustments to Annex V.)
Amendment 177
Proposal for a regulation
Article 22 – paragraph 1 – point c
(c)  another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under the policy objective referred in Article 4(1)(e).
(c)  another territorial tool supporting initiatives designed by the Member State for investments programmed under the policy objective referred in Article 4(1)(e).
Amendment 178
Proposal for a regulation
Article 22 – paragraph 1 a (new)
The Member State shall ensure coherence and coordination when local development strategies are financed by more than one Fund.
Amendment 179
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – point a
(a)  the geographical area covered by the strategy;
(a)  the geographical area covered by the strategy including economic, social and environmental interlinkages;
Amendment 180
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – point d
(d)  a description of the involvement of partners in accordance with Article 6 in the preparation and in the implementation of the strategy.
(d)  a description of the involvement of partners under Article 6 in the preparation and in the implementation of the strategy.
Amendment 181
Proposal for a regulation
Article 23 – paragraph 2
2.  Territorial strategies shall be drawn up under the responsibility of the relevant urban, local or other territorial authorities or bodies.
2.  Territorial strategies shall be prepared and endorsed under the responsibility of the relevant regional, local and other public authorities. Pre-existing strategic documents concerning the covered areas may be updated and used for territorial strategies.
Amendment 182
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Where the list of operations to be supported has not been included in the territorial strategy, the relevant urban, local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.
Where the list of operations to be supported has not been included in the territorial strategy, the relevant regional, local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.
Amendment 183
Proposal for a regulation
Article 23 – paragraph 3 a (new)
3 a.   When preparing territorial strategies, the authorities referred to in paragraph 2 shall cooperate with relevant managing authorities, in order to determine the scope of operations to be supported under the relevant programme.
Amendment 184
Proposal for a regulation
Article 23 – paragraph 4
4.  Where an urban, local or other territorial authority or body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.
4.  Where a regional, local or other public authority or other body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.
Amendment 185
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1 a (new)
The selected operations may be supported under more than one priority of the same programme.
Amendment 186
Proposal for a regulation
Article 24 – paragraph 1
1.  Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more Funds, from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment ('ITI').
1.  Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more than one Fund, from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment ('ITI'). Where appropriate, each ITI may be complemented by financial support from the EAFRD.
Amendment 187
Proposal for a regulation
Article 24 – paragraph 2 a (new)
2a.   Where the list of operations to be supported has not been included in the territorial strategy, the relevant regional, local, other public authorities or bodies shall be involved in the selection of operations.
Amendment 188
Proposal for a regulation
Article 25 – paragraph 1
1.  The ERDF, the ESF+ and the EMFF may support community-led local development.
1.  The ERDF, the ESF+, the EMFF and the EAFRD shall support community-led local development. In the context of the EAFRD, such development shall be designated as LEADER local development.
Amendment 189
Proposal for a regulation
Article 25 – paragraph 2 – point b
(b)  led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group controls the decision-making;
(b)  led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group, including the public sector, controls the decision-making;
Amendment 190
Proposal for a regulation
Article 25 – paragraph 2 – point d
(d)  supportive of networking, innovative features in the local context and, where appropriate, cooperation with other territorial actors.
(d)  supportive of networking, bottom-up approaches, accessibility, innovative features in the local context and, where appropriate, cooperation with other territorial actors.
Amendment 191
Proposal for a regulation
Article 25 – paragraph 4
4.  Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund.
4.  Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund. The type of measures and operations to be financed by each affected Fund may also be specified.
Amendment 192
Proposal for a regulation
Article 26 – paragraph 1 – point d
(d)  the objectives of that strategy, including measurable targets for results, and related planned actions;
(d)  the objectives of that strategy, including measurable targets for results, and related planned actions in response to local needs as identified by the local community;
Amendment 193
Proposal for a regulation
Article 26 – paragraph 1 – point f
(f)  a financial plan, including the planned allocation from each Fund and programme concerned.
(f)  a financial plan, including the planned allocation from each Fund, including where appropriate the EAFRD, and each programme concerned.
Amendment 194
Proposal for a regulation
Article 26 – paragraph 4
4.  The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes.
4.  The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes. Corresponding national public contributions shall be guaranteed upfront for the whole period.
Amendment 195
Proposal for a regulation
Article 27 – paragraph 2
2.  The managing authorities shall ensure that the local action groups either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure.
2.  The managing authorities shall ensure that the local action groups are inclusive, and that they either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure, in order to implement tasks relating to the community-led local development strategy.
Amendment 196
Proposal for a regulation
Article 27 – paragraph 3 – point a
(a)  building the capacity of local actors to develop and implement operations;
(a)  building the administrative capacity of local actors to develop and implement operations;
Amendment 197
Proposal for a regulation
Article 27 – paragraph 5
5.  The local action group may be a beneficiary and may implement operations in accordance with the strategy.
5.  The local action group may be a beneficiary and may implement operations in accordance with the strategy, encouraging the separation of functions inside the local action group.
Amendment 198
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1.  The Member State shall ensure that support from the Funds for community-led local development covers:
1.  With a view to ensuring complementarities and synergies, the Member State shall ensure that support from the Funds for community-led local development covers:
Amendment 199
Proposal for a regulation
Article 28 – paragraph 1 – point a
(a)  capacity building and preparatory actions supporting the design and future implementation of the strategies;
(a)  administrative capacity building and preparatory actions supporting the design and future implementation of the strategies;
Amendment 200
Proposal for a regulation
Article 28 – paragraph 1 – point b a (new)
(ba)   animation of the community-led local development strategy in order to facilitate exchange between stakeholders, to provide them with information and to support potential beneficiaries in their preparation of applications;
Amendment 201
Proposal for a regulation
Article 29 – paragraph 1 a (new)
1a.   The actions referred to in the first subparagraph may include in particular:
(a)  assistance for project preparation and appraisal;
(b)  support for institutional strengthening and administrative capacity-building for the effective management of the Funds;
(c)  studies linked to the Commission's reporting on the Funds and the cohesion report;
(d)  measures related to the analysis, management, monitoring, information exchange and implementation of the Funds, as well as measures relating to the implementation of control systems and technical and administrative assistance;
(e)  evaluations, expert reports, statistics and studies, including those of a general nature, concerning the current and future operation of the Funds;
(f)  actions to disseminate information, support networking where appropriate, carry out communication activities with particular attention to the results and added value of support from the Funds, and to raise awareness and promote cooperation and exchange of experience, including with third countries;
(g)  the installation, operation and interconnection of computerised systems for management, monitoring, audit, control and evaluation;
(h)  actions to improve evaluation methods and the exchange of information on evaluation practices;
(i)  actions related to auditing;
(j)  the strengthening of national and regional capacity regarding investment planning, funding needs, preparation, design and implementation of financial instruments, joint action plans and major projects;
(k)  the dissemination of good practices in order to assist Member States to strengthen the capacity of the relevant partners referred to in Article 6(1) and their umbrella organisations.
Amendment 202
Proposal for a regulation
Article 29 – paragraph 1 b (new)
1b.   The Commission shall dedicate at least 15 % of the resources for technical assistance at the initiative of the Commission to bring about greater efficiency in communication to the public and stronger synergies between the communication activities undertaken at the initiative of the Commission, by extending the knowledge base on results, in particular through more effective data collection and dissemination, evaluations and reporting, and especially by highlighting the contribution of the Funds to improving the lives of citizens, and by increasing the visibility of support from the Funds as well as by raising awareness about the results and the added value of such support. Information, communication and visibility measures on results and added value of support from the Funds, with particular focus on operations, shall be continued after the closure of the programmes, where appropriate. Such measures shall also contribute to the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.
Amendment 203
Proposal for a regulation
Article 29 – paragraph 2
2.  Such actions may cover future and previous programming periods.
2.  Such actions may cover previous and future programming periods.
Amendment 204
Proposal for a regulation
Article 29 – paragraph 2 a (new)
2 a.  In order to avoid situations where payments are suspended, the Commission shall ensure that Member States and regions which face compliance concerns due to a lack of administrative capacity receive adequate technical assistance to improve that administrative capacity.
Amendment 205
Proposal for a regulation
Article 30 – paragraph 1
1.  At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds.
1.  At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds, for the capacity building of the partners referred to in Article 6, as well as to ensure functions such as preparation, training, management, monitoring, evaluation, visibility and communication.
Amendment 206
Proposal for a regulation
Article 30 – paragraph 3
3.  Within each programme, technical assistance shall take the form of a priority relating to one single Fund.
3.  Within each programme, technical assistance shall take the form of a priority relating to either one single Fund or several Funds.
Amendment 207
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
2.  The percentage of the Funds reimbursed for technical assistance shall be the following:
2.  On the basis of an agreement between the Commission and the Member States and taking into account the programme financial plan, the percentage of the Funds reimbursed for technical assistance may be up to:
Amendment 208
Proposal for a regulation
Article 31 – paragraph 2 – point a
(a)  for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 2,5 %;
(a)  for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 3 %;
Amendment 209
Proposal for a regulation
Article 31 – paragraph 2 – point b
(b)  for the ESF+ support: 4% and for programmes under Article 4(1)(c)(vii) of the ESF+ Regulation: 5 %;
(b)  for the ESF+ support: 5 % and for programmes under Article 4(1)(xi) of the ESF+ Regulation: 6 %;
Amendment 210
Proposal for a regulation
Article 31 – paragraph 2 – point d
(d)  for the AMIF, the ISF and the BMVI support: 6 %.
(d)  for the AMIF, the ISF and the BMVI support: 7 %.
Amendment 211
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 a (new)
For the outermost regions, for (a), (b), (c) the percentage shall be up to 1% higher.
Amendment 212
Proposal for a regulation
Article 32 – paragraph 1
In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the capacity of Member State authorities, beneficiaries and relevant partners necessary for the effective administration and use of the Funds.
In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the institutional capacity and efficiency of public authorities and services, beneficiaries and relevant partners necessary for the effective administration and use of the Funds.
Amendment 213
Proposal for a regulation
Article 32 – paragraph 2
Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89.
Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89. Technical assistance in the form of an optional specific programme may be implemented either through financing not linked to costs for technical assistance or through reimbursement of direct costs.
Amendment 214
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
The Member State shall set up a committee to monitor the implementation of the programme ('monitoring committee') within three months of the date of notification to the Member State concerned of the decision approving the programme.
The Member State shall set up a committee to monitor the implementation of the programme ('monitoring committee'), after consultation with the managing authority, within three months of the date of notification to the Member State concerned of the decision approving the programme.
Amendment 215
Proposal for a regulation
Article 33 – paragraph 2
2.  Each monitoring committee shall adopt its rules of procedure.
2.  Each monitoring committee shall adopt its rules of procedure, taking into account the need for full transparency.
Amendment 216
Proposal for a regulation
Article 33 – paragraph 5
5.  Paragraphs 1 to 4 shall not apply to programmes under Article [4(c)(vi)] of the ESF+ Regulation and related technical assistance.
5.  Paragraphs 1 to 4 shall not apply to programmes under Article [4(1)(xi)] of the ESF+ Regulation and related technical assistance.
Amendment 217
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6.
The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6 through a transparent process.
Amendment 218
Proposal for a regulation
Article 34 – paragraph 2
2.  Representatives of the Commission shall participate in the work of the monitoring committee in an advisory capacity.
2.  Representatives of the Commission shall participate in the work of the monitoring committee in a monitoring and an advisory capacity. Representatives of the EIB may be invited to participate in the work of the monitoring committee, in an advisory capacity, where appropriate.
Amendment 219
Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a.  For the AMIF, the ISF and the BMVI, relevant decentralised agencies shall participate in the work of the monitoring committee in an advisory capacity.
Amendment 220
Proposal for a regulation
Article 35 – paragraph 1 – point a a (new)
(aa)   proposals for possible simplification measures for beneficiaries;
Amendment 221
Proposal for a regulation
Article 35 – paragraph 1 – point b
(b)  any issues that affect the performance of the programme and the measures taken to address those issues;
(b)  any issues that affect the performance of the programme and the measures taken to address those issues, including also any irregularities, where appropriate;
Amendment 222
Proposal for a regulation
Article 35 – paragraph 1 – point i
(i)  the progress in administrative capacity building for public institutions and beneficiaries, where relevant.
(i)  the progress in administrative capacity building for public institutions, partners and beneficiaries, where relevant.
Amendment 224
Proposal for a regulation
Article 35 – paragraph 2 – point b
(b)  the annual performance reports for programmes supported by the EMFF, the AMF, the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;
(b)  the annual performance reports for programmes supported by the EMFF, the AMIF, the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;
Amendment 225
Proposal for a regulation
Article 35 – paragraph 2 – point d a (new)
(da)   changes to the list of planned operations of strategic importance referred to in point (d) of Article 17(3);
Amendment 226
Proposal for a regulation
Article 35 – paragraph 2 a (new)
2a.   The monitoring committee may propose to the managing authority further functions of intervention.
Amendment 227
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme.
An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme. Managing authorities shall be duly involved in this process.
Amendment 228
Proposal for a regulation
Article 36 – paragraph 6
6.  For programmes supported by the EMFF, the AMF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.
6.  For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.
Amendment 229
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2
The first transmission shall be due by 31 January 2022 and the last one by 31 January 2030.
The first transmission shall be due by 28 February 2022 and the last one by 28 February 2030.
Amendment 230
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 3
For programmes under Article 4(1)(c)(vii) of the ESF+ Regulation, data shall be transmitted annually by 30 November.
For programmes under Article 4(1)(xi) of the ESF+ Regulation, data shall be transmitted annually by 30 November.
Amendment 231
Proposal for a regulation
Article 37 – paragraph 2 – point a
(a)  the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;
(a)  in the data transmissions due by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November of each year, the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;
Amendment 232
Proposal for a regulation
Article 37 – paragraph 2 – point b
(b)  the values of output and result indicators for selected operations and values achieved by operations.
(b)  in the data transmissions due by 31 May and 30 November of each year only, the values of output and result indicators for selected operations and values achieved by operations.
Amendment 233
Proposal for a regulation
Article 39 – paragraph 1
1.  The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, coherence and EU added value with the aim to improve the quality of the design and implementation of programmes.
1.  The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's inclusiveness, non-discriminatory nature, effectiveness, efficiency, relevance, coherence, visibility and EU added value with the aim to improve the quality of the design and implementation of programmes.
Amendment 234
Proposal for a regulation
Article 40 – paragraph 2 a (new)
2a.   The evaluation referred to in paragraph 2 shall include an evaluation of the socio-economic impact and the funding needs under the policy objectives referred to in Article 4(1), within and among the programmes with a focus on a more competitive and smarter Europe by promoting innovative and smart economic transformation and a more connected Europe by enhancing mobility, including smart and sustainable mobility and regional ICT connectivity. The Commission shall publish the results of the evaluation on its website and communicate those results to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 235
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2 – point b
(b)  other relevant partners and bodies.
(b)  other relevant partners and bodies, including regional, local and other public authorities, and economic and social partners.
Amendment 236
Proposal for a regulation
Article 44 – paragraph 1
1.  The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and achievements.
1.  The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, indicative timetable for calls for proposals, available funding opportunities and achievements.
Amendment 237
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1 – point a
(a)  in the case of legal entities, the beneficiary's name;
(a)  in the case of legal entities, the beneficiary's and the contractor’s name;
Amendment 240
Proposal for a regulation
Article 45 – paragraph 1 – point a
(a)  providing on the beneficiary's professional website or social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;
(a)  providing on the beneficiary's professional website and social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;
Amendment 241
Proposal for a regulation
Article 45 – paragraph 1 – point c – introductory part
(c)  publicly displaying plaques or billboards as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:
(c)  displaying permanent plaques or billboards clearly visible to the public as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:
Amendment 243
Proposal for a regulation
Article 45 – paragraph 1 – point d
(d)  for operations not falling under point (c), publicly displaying at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;
(d)  for operations not falling under point (c), publicly displaying at a location clearly visible to the public at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;
Amendment 244
Proposal for a regulation
Article 45 – paragraph 1 – point e a (new)
(ea)   publicly and permanently displaying, as of the moment of the physical implementation, the Union emblem in a way that is clearly visible to the public and in accordance with the technical characteristics laid down in Annex VIII ;
Amendment 245
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
For operations supported under the specific objective set out in Article 4(1)(c)(vii) of the ESF+ Regulation, this requirement shall not apply.
For operations supported under the specific objective set out in Article 4(1)(xi) of the ESF+ Regulation, this requirement shall not apply.
Amendment 246
Proposal for a regulation
Article 47 – paragraph 1
Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants, financial instruments or prizes or a combination thereof.
Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants, limited use of financial instruments or prizes or a combination thereof.
Amendment 247
Proposal for a regulation
Article 49 – paragraph 1 – point c
(c)  a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a).
(c)  a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a) or 48(2)(c).
Amendment 248
Proposal for a regulation
Article 50 – paragraph 2 – point a
(a)  by dividing the latest documented annual gross employment costs by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part-time;
(a)  by dividing the latest documented annual gross employment costs, with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions, by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part-time;
Amendment 249
Proposal for a regulation
Article 50 – paragraph 2 – point b
(b)  by dividing the latest documented monthly gross employment costs by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.
(b)  by dividing the latest documented monthly gross employment costs, with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions, by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.
Amendment 250
Proposal for a regulation
Article 52 – paragraph 2
2.  Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources.
2.  Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources. Such support may target investments in both tangible and intangible assets as well as working capital, in compliance with applicable Union State aid rules.
Amendment 251
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2 – point a
(a)  the proposed amount of programme contribution to a financial instrument and the expected leverage effect;
(a)  the proposed amount of programme contribution to a financial instrument and the expected leverage effect, accompanied by the relevant assessments;
Amendment 252
Proposal for a regulation
Article 52 – paragraph 5
5.  Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument. In such case the rules applicable to financial instruments shall apply to that single financial instrument operation.
5.  Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument. Where the amount of the programme support in the form of grant is less than the amount of programme support in the form of a financial instrument, the rules applicable to financial instruments shall apply.
Amendment 253
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
The managing authority shall select the body implementing a financial instrument.
The managing authority shall select the body implementing a financial instrument either through direct or indirect award of a contract.
Amendment 254
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 a (new)
The managing authority may entrust implementation tasks through a direct award to:
(a)  the EIB;
(b)  an international financial institution in which a Member State is a shareholder;
(c)  a publicly-owned bank or institution, established as a legal entity and carrying out financial activities on a professional basis.
Amendment 255
Proposal for a regulation
Article 53 – paragraph 7
7.  The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.
7.  The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region, or by type of intervention for the EAFRD, for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.
Amendment 256
Proposal for a regulation
Article 53 – paragraph 7 a (new)
7a.   Reporting requirements on the financial instrument's use for the intended purposes shall be limited to the managing authorities and to financial intermediaries.
Amendment 257
Proposal for a regulation
Article 54 – paragraph 2
2.  Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support, until the end of the eligibility period.
2.  Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support for further investments in final recipients; or, where applicable, to cover the losses in the nominal amount of the Funds contribution to the financial instrument that result from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments; until the end of the eligibility period.
Amendment 258
Proposal for a regulation
Article 55 – paragraph 1
1.  Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle through an appropriate sharing of risks and profits.
1.  Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle, or for other forms of Union support, through an appropriate sharing of risks and profits taking into account the principle of sound financial management.
Amendment 259
Proposal for a regulation
Article 55 – paragraph 2
2.  The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or an independent assessment.
2.  The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or the ex ante assessment performed in line with Article 52 of this Regulation.
Amendment 260
Proposal for a regulation
Article 56 – paragraph 1
1.  Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments.
1.  Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments, taking into account the principle of sound financial management.
Amendment 261
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 a (new)
Savings through more efficient operations shall not be considered to constitute generated income for the purposes of the first subparagraph. In particular, cost savings resulting from energy efficiency measures shall not result in a corresponding reduction in operating subsidies.
Amendment 262
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1
Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December 2029.
Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December 2030.
Amendment 263
Proposal for a regulation
Article 57 – paragraph 4
4.  All or part of an operation may be implemented outside of a Member State, including outside the Union, provided that the operation contributes to the objectives of the programme.
4.  All or part of an operation under the ERDF, the ESF+ or the Cohesion Fund may be implemented outside of a Member State, including outside the Union, provided that the operation falls under one of the five components of the European territorial cooperation goal (Interreg) as defined in Article 3 of the Regulation (EU) [...] (‘the ETC Regulation’) and contributes to the objectives of the programme.
Amendment 264
Proposal for a regulation
Article 57 – paragraph 6
6.  Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made.
6.  Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made. This paragraph shall not apply to EMFF compensation for additional costs in outermost regions or expenditure financed by specific supplementary ERDF and ESF+ allocations for outermost regions.
Amendment 265
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 – point a
(a)  interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;
(a)  interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy or in relation to a contribution to financial instruments that results from negative interest;
Amendment 266
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 – point c
(c)   value added tax ('VAT'), except for operations the total cost of which is below EUR 5 000 000.
deleted
Amendment 267
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2 a (new)
The eligibility for value added tax ('VAT') operations shall be determined on a case-by-case approach, except for operations the total cost of which is below EUR 5 000 000, and for investments and expenditure by final recipients.
Amendment 268
Proposal for a regulation
Article 59 – paragraph 1 – subparagraph 2
The Member State may reduce the time limit set out in the first subparagraph to three years in cases concerning the maintenance of investments or jobs created by SMEs.
The Member State may reduce the time limit set out in the first subparagraph to three years in the duly justified cases referred to in points (a), (b) and (c) concerning the maintenance of jobs created by SMEs.
Amendment 269
Proposal for a regulation
Article 59 – paragraph 3
3.  Paragraphs 1 and 2 shall not apply to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.
3.  Paragraphs 1 and 2 shall not apply to programme contributions to or from financial instruments and any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.
Amendment 270
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
For point (d) of paragraph 1, management fees shall be performance based. Where bodies implementing a holding fund and/or specific funds, pursuant to Article 53(3), are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts.
For point (d) of paragraph 1, management fees shall be performance based. For the first twelve months of implementation of the financial instrument, base remuneration for management costs and fees shall be eligible. Where bodies implementing a holding fund and/or specific funds, pursuant to Article 53(2), are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts.
Amendment 271
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
That threshold is not applicable where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees.
Where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees which shall be performance-based.
Amendment 272
Proposal for a regulation
Article 63 – paragraph 2
2.  Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud.
2.  Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud. Member States shall fully cooperate with OLAF.
Amendment 273
Proposal for a regulation
Article 63 – paragraph 4
4.  Member States shall ensure the quality and reliability of the monitoring system and of data on indicators.
4.  Member States shall ensure the quality, independence and reliability of the monitoring system and of data on indicators.
Amendment 274
Proposal for a regulation
Article 63 – paragraph 6 – subparagraph 1
Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds. They shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations.
Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds. The scope, rules and procedures concerning those arrangements shall be the responsibility of Member States in accordance with their institutional and legal framework. They shall, upon request by the Commission in accordance with Article 64(4a), examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations.
Amendment 275
Proposal for a regulation
Article 63 – paragraph 7 – subparagraph 1
Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of electronic data exchange systems in accordance with Annex XII.
Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of user-friendly electronic data exchange systems in accordance with Annex XII.
Amendment 276
Proposal for a regulation
Article 63 – paragraph 7 – subparagraph 2
For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January 2023.
For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January 2022.
Amendment 277
Proposal for a regulation
Article 63 – paragraph 7 – subparagraph 3
The first sub-paragraph shall not apply to programmes under Article [4(1)(c)(vii)] of the ESF+ Regulation.
The first sub-paragraph shall not apply to programmes under Article [4(1)(xi)] of the ESF+ Regulation.
Amendment 278
Proposal for a regulation
Article 63 – paragraph 11
11.  The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the implementation of this Article.
11.  The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions and rules for the implementation of this Article.
Amendment 279
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively during the implementation of the programmes. The Commission shall draw up an audit strategy and an audit plan which shall be based on a risk-assessment.
The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively and efficiently during the implementation of the programmes. The Commission shall draw up for Member States an audit strategy and an audit plan which shall be based on a risk-assessment.
Amendment 280
Proposal for a regulation
Article 64 – paragraph 2
2.  Commission audits shall be carried out up to three calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud.
2.  Commission audits shall be carried out up to two calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud.
Amendment 281
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point a
(a)  the Commission shall give at least 12 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.
(a)  the Commission shall give at least 15 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.
Amendment 282
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point c
(c)  the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 3 months after the last day of the audit, to the competent Member State authority.
(c)  the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 2 months after the last day of the audit, to the competent Member State authority.
Amendment 283
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point d
(d)  the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 3 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
(d)  the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 2 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings. The Member State’s reply shall be considered complete if the Commission has not reported on the existence of outstanding documentation within 2 months.
Amendment 284
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 2
The Commission may extend the time limits referred in points (c) and (d) by an additional three months.
The Commission may in duly justified cases extend the time limits referred in points (c) and (d) by an additional two months.
Amendment 285
Proposal for a regulation
Article 64 – paragraph 4 a (new)
4a.   Without prejudice to paragraph 6 of Article 63, the Commission shall provide for a complaints handling system which shall be accessible to citizens and stakeholders.
Amendment 286
Proposal for a regulation
Article 65 – paragraph 2
2.  The audit authority shall be a public authority, functionally independent from the auditees.
2.  The audit authority shall be a public or private authority, functionally independent from the Management Authority and the bodies or entities to which functions have been entrusted or delegated.
Amendment 287
Proposal for a regulation
Article 66 – paragraph 1 – point e
(e)  record and store in an electronic system the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.
(e)  record and store in electronic systems the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.
Amendment 288
Proposal for a regulation
Article 67 – paragraph 1 – subparagraph 1
For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.
For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure accessibility to persons with disabilities, gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.
Amendment 289
Proposal for a regulation
Article 67 – paragraph 3 – point a
(a)  ensure that selected operations comply with the programme and provide an effective contribution to the achievement of its specific objectives;
(a)  ensure that selected operations are sustainable, comply with the programme, as well as territorial strategies, and provide an effective contribution to the achievement of its specific objectives;
Amendment 290
Proposal for a regulation
Article 67 – paragraph 3 – point c
(c)  ensure that selected operations present the best relationship between the amount of support, the activities undertaken and the achievement of objectives;
(c)  ensure that selected operations present an appropriate relationship between the amount of support, the activities undertaken and the achievement of objectives;
Amendment 291
Proposal for a regulation
Article 67 – paragraph 3 – point e
(e)  ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council48 are subject to an environmental impact assessment or a screening procedure, on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council49 ;
(e)  ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council48 are subject to an environmental impact assessment or a screening procedure and that the assessment of alternative solutions as well as a comprehensive public consultation has been taken in due account, on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council49 ;
_________________
_________________
48 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
48 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
49 Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).
49 Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).
Amendment 292
Proposal for a regulation
Article 67 – paragraph 3 – point f
(f)  verify that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with;
(f)  ensure that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with;
Amendment 293
Proposal for a regulation
Article 67 – paragraph 3 – point j
(j)  ensure the climate proofing of investments in infrastructure with an expected lifespan of at least five years.
(j)  ensure, before taking investment decisions, the climate proofing of investments in infrastructure with an expected lifespan of at least five years, as well as the application of the Energy Efficiency First principle.
Amendment 294
Proposal for a regulation
Article 67 – paragraph 5 a (new)
5a.   The managing authority may also decide, in duly justified cases, to contribute up to 5 % of a programme's financial allocation under the ERDF and ESF+ to specific projects within the Member State eligible under Horizon Europe, including those selected in the second phase, provided that those specific projects contribute to the programme's objectives in that Member State.
Amendment 295
Proposal for a regulation
Article 67 – paragraph 6
6.  When the managing authority selects an operation of strategic importance, it shall inform the Commission immediately and shall provide all relevant information to the Commission about that operation.
6.  When the managing authority selects an operation of strategic importance, it shall inform the Commission within one month and shall provide all relevant information to the Commission about that operation, including a cost-benefit analysis.
Amendment 296
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – point b
(b)  ensure, subject to the availability of funding, that a beneficiary receives the amount due in full and no later than 90 days from the date of submission of the payment claim by the beneficiary;
(b)  ensure for pre-financing and interim payments that a beneficiary receives the amount due in full for verified expenditure and no later than 60 days from the date of submission of the payment claim by the beneficiary;
Amendment 297
Proposal for a regulation
Article 70 – paragraph 1 – point a
(a)  drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86;
(a)  drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86 and taking account of the audits carried out by, or under the responsibility of the audit authority;
Amendment 298
Proposal for a regulation
Article 70 – paragraph 1 – point b
(b)  drawing up the accounts in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system;
(b)  drawing up and presenting the accounts, confirming the completeness, accuracy and correctness in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system;
Amendment 299
Proposal for a regulation
Article 71 – paragraph 6 a (new)
6a.   The audit shall be carried out with reference to the applicable standard at the time of the convention of the audited operation, except when new standards are more favourable to the beneficiary.
Amendment 300
Proposal for a regulation
Article 71 – paragraph 6 b (new)
6b.   The finding of an irregularity, as part of the audit of an operation leading to a financial penalty, cannot lead to extending the scope of the control or to financial corrections beyond the expenditure covered by the accounting year of the audited expenditure.
Amendment 301
Proposal for a regulation
Article 72 – paragraph 1
1.  The audit authority shall prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes.
1.  The audit authority shall, after consulting the managing authority, prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function. The audit shall be performed within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes. In the audit strategy, the audit authority may determine a limit for single account audits.
Amendment 302
Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 1 a (new)
In case of a disagreement between the Commission and a Member State on audit findings, a settlement procedure shall be put in place.
Amendment 303
Proposal for a regulation
Article 74 – paragraph 1 – subparagraph 2
The Commission and audit authorities shall first use all information and records available in the electronic system referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.
The Commission and audit authorities shall first use all information and records available in electronic systems referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.
Amendment 304
Proposal for a regulation
Article 75 – paragraph 1
1.  The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.
1.  The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides control reports supporting the payment application, the managing authority may decide not to carry out on-the-spot management verifications.
Amendment 305
Proposal for a regulation
Article 75 – paragraph 2 – subparagraph 2
However, the EIB or other internationally financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority.
However, the EIB or other international financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority.
Amendment 306
Proposal for a regulation
Article 75 – paragraph 3
3.  The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.
3.  The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides the audit authority with an annual audit report drawn up by their external auditors by the end of each calendar year that covers the elements included in Annex XVII, the audit authority may decide not to carry out further audits.
Amendment 307
Proposal for a regulation
Article 75 – paragraph 3 a (new)
3a.   In the context of guarantee funds, the bodies responsible for the audit of programmes may conduct verifications or audits of the bodies providing new underlying loans only when one or more of the following situations occur:
(a)  supporting documents, providing evidence of the support from the financial instrument to final recipients, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments;
(b)  there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided.
Amendment 308
Proposal for a regulation
Article 76 – paragraph 1
1.  Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a five-year period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made.
1.  Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a three-year period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made.
Amendment 309
Proposal for a regulation
Article 76 – paragraph 2 a (new)
2a.   The document retention period may be reduced, proportionally to the risk profile and the size of beneficiaries, by decision of the managing authority.
Amendment 310
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – introductory part
The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year, subject to availability of funds, as follows:
The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year, as follows:
Amendment 311
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
(b)  2022: 0.5 %;
(b)  2022: 0,7 %;
Amendment 312
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
(c)  2023: 0.5 %;
(c)  2023: 1 %;
Amendment 313
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
(d)  2024: 0.5 %;
(d)  2024: 1,5 %;
Amendment 314
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
(e)  2025: 0.5 %;
(e)  2025: 2 %;
Amendment 315
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point f
(f)  2026: 0.5
(f)  2026: 2 %
Amendment 316
Proposal for a regulation
Article 85 – paragraph 3 – point b
(b)  the amount for technical assistance calculated in accordance with Article 31(2);
(b)  the amount for technical assistance calculated in accordance with Article 31;
Amendment 317
Proposal for a regulation
Article 85 – paragraph 4 – point c a (new)
(ca)   in the case of state aid, the payment application may include advances paid to the beneficiary by the body granting the aid under the following cumulative conditions: they are subject to a bank or equivalent guarantee, they do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation and are covered by expenditure paid by beneficiaries and supported by receipted invoices within 3 years.
Amendment 318
Proposal for a regulation
Article 86 – paragraph 1
1.  Where financial instruments are implemented in accordance with Article 53(2), payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1).
1.  Where financial instruments are implemented in accordance with Article 53(1), payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1).
Amendment 319
Proposal for a regulation
Article 86 – paragraph 2 – introductory part
2.  Where financial instruments are implemented in accordance with Article 53(3), payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions:
2.  Where financial instruments are implemented in accordance with Article 53(2), payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions:
Amendment 320
Proposal for a regulation
Article 87 – paragraph 1
1.  Subject to available funding, the Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.
1.  The Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.
Amendment 321
Proposal for a regulation
Article 90 – paragraph 1 – point a
(a)  there is evidence to suggest a serious deficiency and for which corrective measures have not been taken;
(a)  there is a serious evidence of a serious deficiency and for which corrective measures have not been taken;
Amendment 322
Proposal for a regulation
Article 91 – paragraph 1 – point e
(e)  the Member State has failed to take the necessary action in accordance with Article 15(6).
deleted
Amendment 323
Proposal for a regulation
Article 99 – paragraph 1
1.  The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by 26 December of the second calendar year following the year of the budget commitments for the years 2021 to 2026.
1.  The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by 31 December of the third calendar year following the year of the budget commitments for the years 2021 to 2026.
Amendment 324
Proposal for a regulation
Article 99 – paragraph 2
2.   The amount to be covered by pre-financing or payment applications by the time limit established in paragraph 1 concerning the budget commitment of 2021 shall be 60 % of that commitment. 10 % of the budget commitment of 2021 shall be added to each budget commitment for the years 2022 to 2025 for the purposes of calculating the amounts to be covered.
deleted
Amendment 325
Proposal for a regulation
Article 99 – paragraph 3
3.  The part of commitments still open on 31 December 2029 shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1).
3.  The part of commitments still open on 31 December 2030 shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1).
Amendment 326
Proposal for a regulation
Article 100 – paragraph 1 – subparagraph 1 – point b a (new)
(b a)  it has not been possible to make a timely payment application because of delays at Union level in setting up the legal and administrative framework for the funds for the 2021-2027 period.
Amendment 327
Proposal for a regulation
Article 101 – paragraph 2
2.  The Member State shall have one month to agree to the amount to be decommitted or to submit its observations.
2.  The Member State shall have two months to agree to the amount to be decommitted or to submit its observations.
Amendment 328
Proposal for a regulation
Article 102 – paragraph 1
1.  The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation (EC) No 868/2014.
1.  The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation (EU) 2016/2066.
Amendment 329
Proposal for a regulation
Article 103 – paragraph 1 – subparagraph 1
The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 330 624 388 630 in 2018 prices.
The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 378 097 000 000 in 2018 prices.
(This amendment aims to reinstate an amount equivalent to that available for the 2014-2020 period, with the necessary increases, in line with the EP position on the MFF proposal for 2021-2027. It will require consequential adjustments to the calculations in Annex XXII.)
Amendment 330
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 1
The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII.
The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII. The minimum overall allocation from the Funds, at national level, should be equal to 76% of the budget allocated to each Member State or region over the 2014-2020 period.
Amendment 429
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the national allocations for the Member States, funding for regions, which are downgraded in category for the 2021-2027 period, shall be maintained at the level of 2014-2020 allocations.
Amendment 331
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 2 b (new)
In view of the particular importance of cohesion funding for cross-border and transnational cooperation, and for the outermost regions, the eligibility criteria for such funding should be no less favourable than in the 2014-2020 period, and ensure maximum continuity with existing programmes.
(This Amendment will require consequential adjustments to the calculations in Annex XXII.)
Amendment 332
Proposal for a regulation
Article 104 – paragraph 1 – introductory part
1.  Resources for the Investment for jobs and growth goal shall amount to 97.5 % of the global resources (i.e., a total of EUR 322 194 388 630) and shall be allocated as follows:
1.  Resources for the Investment for jobs and growth goal shall amount to 97 % of the global resources, i.e., a total of EUR 366 754 000 000 (in 2018 prices). Out of this amount, EUR 5 900 000 000 shall be allocated to the Child Guarantee from the resources under the ESF+. The remaining envelope of EUR 360 854 000 000 (in 2018 prices) shall be allocated as follows:
Amendment 333
Proposal for a regulation
Article 104 – paragraph 1 – point a
(a)  61.6 % (i.e a total of EUR 198 621 593 157) for less developed regions;
(a)  61.6 % (i.e a total of EUR 222 453 894 000) for less developed regions;
Amendment 334
Proposal for a regulation
Article 104 – paragraph 1 – point b
(b)  14.3 % (i.e a total of EUR 45 934 516 595) for transition regions;
(b)  14.3 % (i.e a total of EUR 51 446 129 000) for transition regions;
Amendment 335
Proposal for a regulation
Article 104 – paragraph 1 – point c
(c)  10.8 % (i.e., a total of EUR 34 842 689 000) for more developed regions;
(c)  10.8 % (i.e., a total of EUR 39 023 410 000) for more developed regions;
Amendment 336
Proposal for a regulation
Article 104 – paragraph 1 – point d
(d)  12.8 % (i.e., a total of EUR 41 348 556 877) for Member States supported by the Cohesion Fund;
(d)  12.8 % (i.e., a total of EUR 46 309 907 000) for Member States supported by the Cohesion Fund;
Amendment 337
Proposal for a regulation
Article 104 – paragraph 1 – point e
(e)  0.4 % (i.e., a total of EUR 1 447 034 001) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.
(e)  0.4 % (i.e., a total of EUR 1 620 660 000) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.
Amendment 338
Proposal for a regulation
Article 104 – paragraph 3 – subparagraph 1
The amount of resources available for the ESF+ under the Investment for jobs and growth goal shall be EUR 88 646 194 590.
The resources available for the ESF+ shall amount to 28,8 % of the resources under the Investment for jobs and growth goal (i.e., EUR 105 686 000 000 in 2018 prices). That does not include the financial envelope for the Employment and Social Innovation strand or the Health strand.
Amendment 339
Proposal for a regulation
Article 104 – paragraph 3 – subparagraph 2
The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall be EUR 376 928 934.
The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall correspond to 0,4 % of the resources referred to in the first subparagraph (i.e., EUR 424 296 054 in 2018 prices).
Amendment 340
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 1
The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR 10 000 000 000. It shall be spent for transport infrastructure projects by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.
The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR 4 000 000 000 in 2018 prices. It shall be spent for transport infrastructure projects, taking into account the investment infrastructure needs of Member States and regions, by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.
Amendment 341
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 5
30% of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].
deleted
Amendment 342
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 6
Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred to the CEF.
Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund.
Amendment 343
Proposal for a regulation
Article 104 – paragraph 5
5.  EUR 500 000 000 of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.
5.  EUR 560 000 000 in 2018 prices of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.
Amendment 344
Proposal for a regulation
Article 104 – paragraph 6
6.  EUR 175 000 000 of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.
6.  EUR 196 000 000 in 2018 prices of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.
Amendment 345
Proposal for a regulation
Article 104 – paragraph 7
7.  Resources for the European territorial cooperation goal (Interreg) shall amount to 2.5 % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR 8 430 000 000).
7.  Resources for the European territorial cooperation goal (Interreg) shall amount to 3 % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR 11 343 000 000 in 2018 prices).
Amendment 346
Proposal for a regulation
Article 105 – paragraph 1 – point a
(a)  of not more than 15 % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;
(a)  of not more than 5 % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;
Amendment 347
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
(a)  70 % for the less developed regions;
(a)  85 % for the less developed regions;
Amendment 348
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
(b)  55 % for the transition regions;
(b)  65 % for the transition regions;
Amendments 349 and 447
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
(c)  40 % for the more developed regions.
(c)  50 % for the more developed regions.
Amendment 350
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 2
The co-financing rates set out under point (a), shall also apply to outermost regions.
The co-financing rates set out under point (a), shall also apply to outermost regions and to the additional allocation for the outermost regions.
Amendment 351
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 3
The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 70 %.
The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 85 %.
Amendment 352
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 4
The ESF+ Regulation may establish higher co-financing rates for priorities supporting innovative actions in accordance with Article [14] of that Regulation.
The ESF+ Regulation may in duly justified cases establish higher co-financing rates of up to 90 %, for priorities supporting innovative actions in accordance with Article [13] and Article [4 (1) (x)] and [(xi)] of that Regulation, as well as for programmes addressing material deprivation in accordance with Article [9], youth unemployment in accordance with Article [10], supporting the European Child Guarantee in accordance with Article [10a] and transnational cooperation in line with Article [11b].
Amendment 353
Proposal for a regulation
Article 106 – paragraph 4 – subparagraph 1
The co-financing rate for Interreg programmes shall be no higher than 70 %.
The co-financing rate for Interreg programmes shall be no higher than 85 %.
Amendment 453
Proposal for a regulation
Article 106 – paragraph 4 a (new)
4a.  Member States may make in a duly justified case a request for further flexibility within the current framework of Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments as part of the European Structural and Investment Funds. The Commission shall carefully assess the respective request when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact in a manner reflecting the strategic importance of investments.
Amendment 354
Proposal for a regulation
Article 107 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII.
The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII. The Commission is empowered to adopt delegated acts in accordance with Article 108 in order to amend and adapt Delegated Regulation (EU) No 240/2014, referred to in Article 6(3), to this Regulation.
Amendment 355
Proposal for a regulation
Article 108 – paragraph 2
2.  The power to adopt delegated acts referred to in Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission for an indeterminate period of time from date of entry into force of this Regulation.
2.  The power to adopt delegated acts referred to in Article 6(3), Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission from the date of entry into force of this Regulation until 31 December 2027.
Amendment 356
Proposal for a regulation
Article 108 – paragraph 3
3.  The delegation of power referred to in Article 63(10), Article 73(4), Article 88(4) and and Article 89(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3.  The delegation of power referred to in Article 6(3), Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 357
Proposal for a regulation
Article 108 – paragraph 6
6.  A delegated act adopted pursuant to Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
6.  A delegated act adopted pursuant to Article 6(3), Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 359
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 001 – column 1
001 Investment in fixed assets in micro enterprises directly linked to research and innovation activities
001 Investment in fixed assets in micro enterprises directly linked to research and innovation activities or linked to competitiveness
Amendment 360
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 002 – column 1
002 Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities
002 Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities or linked to competitiveness
Amendment 361
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 004 – column 1
004 Investment in intangible assets in micro enterprises directly linked to research and innovation activities
004 Investment in intangible assets in micro enterprises directly linked to research and innovation activities or linked to competitiveness
Amendment 362
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 005 – column 1
005 Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities
005 Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities or linked to competitiveness
Amendment 363
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 035 – column 1
035 Adaption to climate change measures and prevention and management of climate related risks: floods (including awareness raising, civil protection and disaster management systems and infrastructures)
035 Adaption to climate change measures and prevention and management of climate related risks: floods and landslides (including awareness raising, civil protection and disaster management systems and infrastructures)
Amendment 364
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 043

Text proposed by the Commission

043

Household waste management: mechanical biological treatment, thermal treatment

0%

100%

Amendment

 

deleted

 

 

Amendment 365
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 056 – column 1
056 Newly built motorways and roads – TEN-T core network
056 Newly built motorways, bridges and roads – TEN-T core network
Amendment 366
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 057 – column 1
057 Newly built motorways and roads – TEN-T comprehensive network
057 Newly built motorways, bridges and roads – TEN-T comprehensive network
Amendment 367
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 060 – column 1
060 Reconstructed or improved motorways and roads – TEN-T core network
060 Reconstructed or improved motorways, bridges and roads – TEN-T core network
Amendment 368
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 061 – column 1
061 Reconstructed or improved motorways and roads – TEN-T comprehensive network
061 Reconstructed or improved motorways, bridges and roads – TEN-T comprehensive network
Amendment 369
Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 128 – column 1
128 Protection, development and promotion of public tourism assets and related tourism services
128 Protection, development and promotion of public tourism assets and tourism services
Amendment 370
Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 130 – column 1
130 Protection, development and promotion of natural heritage and eco-tourism
130 Protection, development and promotion of natural heritage and eco-tourism other than Natura 2000 sites
Amendment 371
Proposal for a regulation
Annex I – Table 3 – row 12 – column Integrated territorial investment (ITI)
Cities, towns and suburbs
Cities, towns, suburbs and connected rural areas
Amendment 372
Proposal for a regulation
Annex I – Table 3 – row 16 – column Integrated territorial investment (ITI)
Sparsely populated areas
Rural and sparsely populated areas
Amendment 373
Proposal for a regulation
Annex I – Table 3 – row 22 – column Community led local development (CLLD)
Cities, towns and suburbs
Cities, towns, suburbs and connected rural areas
Amendment 374
Proposal for a regulation
Annex I – Table 3 – row 26 – column Community led local development (CLLD)
Sparsely populated areas
Rural and sparsely populated areas
Amendment 375
Proposal for a regulation
Annex I – Table 3 – row 32 – column – Other type of territorial tool under Policy Objective 5
Cities, towns and suburbs
Cities, towns, suburbs and connected rural areas
Amendment 376
Proposal for a regulation
Annex I – Table 3 – row 36 – column – Other type of territorial tool under Policy Objective 5
Sparsely populated areas
Rural and sparsely populated areas
Amendment 377
Proposal for a regulation
Annex I – Table 4 – row 17
17 Accommodation and food service activities
17 Tourism, accommodation and food service activities
Amendment 378
Proposal for a regulation
Annex III – Table Horizontal enabling conditions – row 6 – column 2
A national framework for implementing the UNCRPD is in place that includes:
A national framework for implementing the UNCRPD is in place that includes:
1.  Objectives with measurable goals, data collection and monitoring mechanism.
1.  Objectives with measurable goals, data collection and monitoring mechanism, applicable across all policy objectives.
2.  Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes.
2.  Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes in line with the provisions of the UNCRPD and included in the project selection criteria and obligations.
2a.  Reporting arrangements to the monitoring committee on the compliance of the operations supported.
Amendment 379
Proposal for a regulation
Annex III – Table Horizontal enabling conditions – row 6 a (new)

Text proposed by the Commission

Amendment

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

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

Amendment 380
Proposal for a regulation
Annex III – Table Horizontal enabling conditions – row 6 b (new)

Text proposed by the Commission

Amendment

Effective application of the partnership principle

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

 

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

 

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

 

3.  Support for empowering partners and capacity building

Amendment 381
Proposal for a regulation
Annex IV – Policy objective 2 – row 2 – column 4
National Energy and Climate Plan are adopted and include:
National Energy and Climate Plan comply with the Paris Agreement objective of limiting global warming to 1.5°C, are adopted and include:
1.  All elements required by the template in Annex I of the Regulation on Governance of the Energy Union
1.  All elements required by the template in Annex I of the Regulation on Governance of the Energy Union
2.  An indicative outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy
2.  An outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy
Amendment 382
Proposal for a regulation
Annex IV – Policy objective 2 – row 4 – column 2
ERDF and Cohesion Fund:
ERDF and Cohesion Fund:
2.4  Promoting climate change adaptation, risk prevention and disaster resilience
2.4  Promoting climate and structural change adaptation, risk prevention and disaster resilience
Amendment 383
Proposal for a regulation
Annex IV – Policy objective 2 – row 7 – column 4
A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes
A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes
1.  All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States
1.  All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States including the priority measures and an estimate of financing needs
2.  The identification of the priority measures and an estimate of financing needs
Amendment 384
Proposal for a regulation
Annex IV – Policy objective 3 – point 3.2 – column 2
3.2  Developing a sustainable, climate resilient, intelligent, secure and intermodal TEN-T
3.2  Developing a sustainable, climate resilient, intelligent, safe and intermodal TEN-T
Amendment 385
Proposal for a regulation
Annex IV – Policy objective 3 – point 3.2 – column 4 – point -1 a (new)
-1a.  Requires social, economic and territorial cohesion to be ensured, and, to a greater extent, missing links to be completed and bottlenecks to be removed on the TEN-T network, which also means investment in hard infrastructure
Amendment 386
Proposal for a regulation
Annex IV – Policy objective 3 – point 3.2 – column 4 – point 1
1.  Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of rail liberalisation
1.  Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of the opening of the rail services markets
Amendment 387
Proposal for a regulation
Annex IV – Policy objective 3 – row 2 – column 4 – point 2
2.  Reflects air quality plans, taking into account in particular national decarbonisation plans
2.  Reflects air quality plans, taking into account in particular national emission reduction strategies for the transport sector
Amendment 388
Proposal for a regulation
Annex IV – Policy objective 3 – row 2 – column 4 – point 3
3.  Includes investments in core TEN-T network corridors, as defined by Regulation (EU) No 1316/2013, in line with the respective TEN-T work plans
3.  Includes investments in core TEN-T network corridors, as defined by Regulation (EU) No 1316/2013, in line with the respective TEN-T work plans as well as pre-identified sections on the comprehensive network
Amendment 389
Proposal for a regulation
Annex IV – Policy objective 3 – row 2 – column 4 – point 4
4.  For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the regions and local communities to the core TEN-T and its nodes
4.  For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the urban networks, regions and local communities to the core TEN-T and its nodes
Amendment 390
Proposal for a regulation
Annex IV – Policy objective 3 – row 2 – column 4 – point 9 a (new)
9a.  Promotes sustainable regional and cross-border tourism initiatives that lead to win-win situations for both the tourists and the inhabitants, such as interconnecting the EuroVelo network with the TRAN European Railway network
Amendment 391
Proposal for a regulation
Annex IV – Policy objective 4 – row 1 – column 2 – point ESF
ESF:
ESF:
4.1.1  Improving access to employment of all jobseekers, including youth, and of inactive people and promoting self-employment, and the social economy;
4.1.1  Improving access to employment of all jobseekers, in particular youth and long-term unemployed, and of inactive people and promoting self-employment, and the social economy;
4.1.2  Modernising labour market institutions and services to ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;
4.1.2  Modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;
Amendment 392
Proposal for a regulation
Annex IV – Policy objective 4 – row 2 – column 2 – point ESF
ESF
ESF
4.1.3  Promoting a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers to change and healthy and active ageing;
4.1.3  Promoting women’s labour market participation a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change and healthy and active ageing;
Amendment 393
Proposal for a regulation
Annex IV – Policy objective 4 – row 2 – column 4 – point 2
2.  Measures to address gender gaps in employment, pay and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets
2.  Measures to address gender gaps in employment, pay, social securityand pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets
Amendment 394
Proposal for a regulation
Annex IV – Policy objective 4 – row 3 – column 2 – point ESF
ESF:
ESF:
4.2.1  Improving the quality, effectiveness and labour market relevance of education and training systems;
4.2.1  Improving the quality, inclusiveness and effectiveness and labour market relevance of education and training systems to support acquisition of key competences including digital skills and to facilitate the transition between education and work;
4.2.2  Promoting flexible upskilling and reskilling opportunities for all, including by facilitating career transitions and promoting professional mobility
4.2.2  Promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all as well as informal and non-formal learning, including by facilitating career transitions and promoting professional mobility
4.2.3  Promoting equal access, in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level;
4.2.3  Promoting equal access to and completion of, quality and inclusive education and training, in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all;
Amendment 395
Proposal for a regulation
Annex IV – row 4.2 - column 4: Fulfilment criteria for the enabling condition – point 1
1.  Evidence-based systems for skills anticipation and forecasting as well as graduate tracking mechanisms and services for quality and effective guidance for learners of all ages
1.  Evidence-based systems for skills anticipation and forecasting as well as follow-up tracking mechanisms and services for quality and effective guidance for learners of all ages including learner-centred approaches
Amendment 396
Proposal for a regulation
Annex IV – row 4.2 – column 4: Fulfilment criteria for the enabling condition – point 2
2.  Measures to ensure equal access to, participation in and completion of quality, relevant and inclusive education and training and acquisition of key competences at all levels, including higher education
2.  Measures to ensure equal access to, participation in and completion of quality, affordable, relevant, non-segregated and inclusive education and training and acquisition of key competences at all levels, including tertiary education
Amendment 397
Proposal for a regulation
Annex IV – row 4.2 – column 4: Fulfilment criteria for the enabling condition – point 3
3.  Coordination mechanism across all levels of education and training, including tertiary education, and clear assignment of responsibilities between the relevant national and/or regional bodies
3.  Coordination mechanism across all levels of education and training, including tertiary education and non-formal and informal learning providers, and clear assignment of responsibilities between the relevant national and/or regional bodies
Amendment 398
Proposal for a regulation
Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3
ERDF:
ERDF:
4.3  increasing the socio-economic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services
4.3  increasing the socio-economic integration of marginalised communities, refugees and migrants under international protection and disadvantaged groups, through integrated measures including housing and social services
Amendment 399
Proposal for a regulation
Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3.1
ESF:
ESF:
4.3.1  Promoting active inclusion including with a view to promoting equal opportunities and active participation, and improving employability;
4.3.1  fostering active inclusion including with a view to promoting equal opportunities and active participation, and improving employability;
Amendment 400
Proposal for a regulation
Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3.1 a (new)
4.3.1a.   Promoting social integration of people at risk of poverty or social exclusion, including the most deprived and children
Amendment 401
Proposal for a regulation
Annex IV – Policy objective 4 – row 4 – column 4
A national strategic policy framework for social inclusion and poverty reduction is in place that includes:
A national strategic policy framework and action plan for social inclusion and poverty reduction is in place that includes:
1.  Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people
1.  Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people
2.  Measures to prevent and combat segregation in all fields, including through providing adequate income support, inclusive labour markets and access to quality services for vulnerable people, including migrants
2.  Measures to prevent and combat segregation in all fields, including through providing adequate income support, social protection, inclusive labour markets and access to quality services for vulnerable people, including migrants and refugees
3.  Measures for the shift from institutional to community-based care
3.  Measures for the transition from institutional to family- and community-based care based on a national deinstitutionalisation strategy and an action plan
4.  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations
4.  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations
Amendment 402
Proposal for a regulation
Annex IV – Policy objective 4 – row 5 – column 2
ESF:
ESF:
4.3.2  Promoting socio-economic integration of marginalised communities such as the Roma;
4.3.2  Promoting socio-economic integration of third country nationals and of marginalised communities such as the Roma;
Amendment 403
Proposal for a regulation
Annex IV – Policy objective 4 – row 6 – column 2
ESF:
ESF:
4.3.4  Enhancing the equal and timely access to quality, sustainable and affordable services; improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services
4.3.4  Enhancing the equal and timely access to quality, sustainable and affordable services; modernising social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services
Amendment 404
Proposal for a regulation
Annex IV – Policy objective 4 – row 6 – column 4 – points 2, 3 and 3 a (new)
A national or regional strategic policy framework for health is in place that contains:
A national or regional strategic policy framework for health is in place that contains:
1.  Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures
1.  Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures
2.  Measures to ensure the efficiency, sustainability, accessibility and affordability to health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems
2.  Measures to ensure the efficiency, sustainability, accessibility and affordability of health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems and those who are hardest to reach
3.  Measures to promote community based services, including prevention and primary care, home-care and community-based services
3.  Measures to promote community based services, including prevention and primary care, home-care and community-based services, and the transition from institutional to family and community based care
3a.   Measures to ensure the efficiency, sustainability, accessibility and affordability of social protection systems
Amendment 405
Proposal for a regulation
Annex V – point 2 – Table 1T – Programme structure

 

Text proposed by the Commission

ID

Title [300]

TA

Basis for calculation

Fund

Category of region supported

Specific Objective selected

1

Priority 1

No

 

ERDF

More

SO 1

Transition

Less developed

SO 2

Outermost and sparsely populated

More

SO 3

2

Priority 2

No

 

ESF+

More

SO 4

Transition

Less developed

SO 5

Outermost

3

Priority 3

No

 

CF

N/A

 

3

Priority technical assistance

Yes

 

 

 

NA

..

Dedicated priority youth employment)

No

 

ESF+

 

 

..

Dedicated priority CSRs

No

 

ESF+

 

 

..

Dedicated priority Innovative actions

No

 

ESF+

 

SO 8

 

Dedicated priority Material deprivation

No

 

ESF+

 

SO 9

 

Amendment

ID

Title [300]

TA

Basis for calculation

Fund

Category of region supported

Specific Objective selected

1

Priority 1

No

 

ERDF

More

SO 1

Transition

Less developed

SO 2

Outermost and sparsely populated

More

SO 3

2

Priority 2

No

 

ESF+

More

SO 4

Transition

Less developed

SO 5

Outermost

3

Priority 3

No

 

CF

N/A

 

3

Priority technical assistance

Yes

 

 

 

NA

..

Dedicated priority youth employment)

No

 

ESF+

 

 

 

Dedicated priority Child Guarantee

No

 

ESF+

 

 

..

Dedicated priority CSRs

No

 

ESF+

 

 

..

Dedicated priority Innovative actions

No

 

ESF+

 

SO 8

 

Dedicated priority Material deprivation

No

 

ESF+

 

SO 9

Amendment 406
Proposal for a regulation
Annex V – point 2.1 – table

Text proposed by the Commission

[ ] This is a priority dedicated to a relevant country-specific recommendation

[ ]This is a priority dedicated to youth employment

[ ]This is a priority dedicated to innovative actions

[ ]This is a priority dedicated to addressing material deprivation

Amendment

[ ]This is a priority dedicated to a relevant country-specific recommendation

[ ]This is a priority dedicated to youth employment

[ ]This is a priority dedicated to Child Guarantee

[ ]This is a priority dedicated to innovative actions

[ ]This is a priority dedicated to addressing material deprivation

Amendment 407
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – introductory part
2.1.1.  Specific objective54 (Jobs and growth goal) or Area of support (EMFF) – repeated for each selected specific objective or area of support, for priorities other than technical assistance
2.1.1.  Specific objective54 (Jobs and growth goal) or Area of support (EMFF) – repeated for each selected specific objective or area of support, for priorities other than technical assistance
__________________
__________________
54 Except for a specific objective set out in Article 4(1)(c)(vii) of the ESF+ Regulation.
54 Except for a specific objective set out in Article 4(1)(xi) of the ESF+ Regulation.
Amendment 408
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.2 – introductory part
2.1.1.2  Indicators55
2.1.1.2  Indicators
_________________
55 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.
Amendment 409
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.3 – introductory part
2.1.1.3  Indicative breakdown of the programme resources (EU) by type of intervention56 (not applicable to the EMFF)
2.1.1.3  Indicative breakdown of the programme resources (EU) by type of intervention (not applicable to the EMFF)
_________________
56 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.
Amendment 410
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.2 – paragraph 8
Criteria for the selection of operations57
Criteria for the selection of operations57
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57 Only for programmes limited to the specific objective set out in Article 4(1)(c)(vii) of the ESF+ Regulation
57 Only for programmes limited to the specific objective set out in Article 4(1)(xi) of the ESF+ Regulation
Amendment 411
Proposal for a regulation
Annex V – point 3 – table 16
[...]
deleted
Amendment 412
Proposal for a regulation
Annex V – point 3 – point 3.2 – introductory part
3.2  Total financial appropriations by fund and national co-financing59
3.2  Total financial appropriations by fund and national co-financing
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59 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, financial appropriations for the years 2021 to 2025 only.

(1) The matter was referred back for interinstitutional negotiations to the committees responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0043/2019).


Justice programme ***I
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Amendments adopted by the European Parliament on13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme (COM(2018)0384 – C8-0235/2018 – 2018/0208(COD))(1)
P8_TA(2019)0097A8-0068/2019

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(1)  According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).
(1)  According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. Article 8 TFEU further states that the Union shall, through all its activities, aim at eliminating inequalities, promote gender equality and combat discrimination when defining and implementing its policies and activities. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’) and the UN Convention on the Rights of Persons with Disabilities.
Amendment 2
Proposal for a regulation
Recital 1 a (new)
(1 a)  In line with Articles 8 and 10 of the Treaty on the Functioning of the European Union, the Justice Programme in all its activities should support gender mainstreaming, including gender budgeting, and the mainstreaming of non-discrimination objectives.
Amendment 3
Proposal for a regulation
Recital 2
(2)  These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11. The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014-2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme').
(2)  These rights and values must continue to be actively cultivated, protected, promoted by the Union and each Member State in all their policies, in a consistent way, as well as enforced and shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, At the same time, a properly functioning European area of justice and efficient, independent and quality national legal systems, as well as greater mutual trust, are necessary for a flourishing internal market and for upholding the common values of the Union. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism, polarisation and divisions, and proceedings under Article 7 of the Treaty on European Union, relating to systematic breaches of the rule of law, as well as infringement proceedings on issues relating to the rule of law in Member States, are ongoing, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights and fundamental rights, respect for human dignity, freedom, democracy, equality, including gender equality, non-discrimination and the rule of law, since the deterioration of those rights and values in any Member State can have detrimental effects on the Union as a whole. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014-2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme').
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10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62)
10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62)
11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p. 3)
11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p. 3)
12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 4
Proposal for a regulation
Recital 3
(3)  The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
(3)  The Justice, Rights and Values Fund and its two underlying funding programmes will focus on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, open, inclusive and democratic society, in particular by funding activities that promote a vibrant, well-developed, resilient and empowered civil society, enabling people’s democratic, civic and social participation, and the proper application and implementation of human and fundamental rights, fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty requires that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. This is particularly important in the light of the increasingly shrinking space for independent civil society in a number of Member States.
Amendment 5
Proposal for a regulation
Recital 4
(4)  The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non-discrimination, gender equality, effective access to justice for all, the rule of law and a well-functioning independent judicial system shall be ensured in the further development of a European area of justice.
(4)  The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. Respect for and promotion of the rule of law, fundamental rights and democracy within the Union are prerequisites for upholding all rights and obligations enshrined in the Treaties, and for building people's trust in the Union. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and between their legal systems. To that end, the Union may adopt measures to develop judicial cooperation in civil and criminal matters and, when applicable, administrative matters and to promote and support the action of Member States in the field of crime prevention, focusing in particular on serious cross-border crimes, fiscal crimes, environmental crimes, terrorism and violations of fundamental rights, such as human trafficking, and in the field of victims’ rights protection. Respect for human and fundamental rights as well as for common principles and values, such as non-discrimination, solidarity, equal treatment on the basis of any of the grounds listed in Article 21 of the Charter, effective access to justice for all, the rule of law, democracy and a well-functioning independent judicial system should be ensured and fostered in the further development of a European area of justice at local, regional and national levels.
Amendment 6
Proposal for a regulation
Recital 4 a (new)
(4 a)   Article 81 TFEU explicitly provides that the Union may adopt legal acts for the approximation of laws of the Member States. Under the Treaty, such acts may be adopted inter alia for the mutual recognition and enforcement between Member States of judgments and extrajudicial decisions; the cross-border service of judicial and extrajudicial documents; the compatibility of the private international law rules applicable in the Member States concerning conflict of laws and of jurisdiction; cooperation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil, criminal and administrative proceedings, which may include making national court procedures more compatible; the development of alternative dispute resolution (ADR); and support for training of the judiciary and judicial staff.
Amendment 7
Proposal for a regulation
Recital 5
(5)  Financing should remain one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.
(5)  Financing is one of the most important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals, taking into account which activities bring the highest Union added value, using key performance indicators, whenever possible.
Amendment 8
Proposal for a regulation
Recital 5 a (new)
(5 a)  The Programme should aim to increase the flexibility and accessibility of its funds and provide the same funding opportunities and conditions for civil society organisations inside as for the ones outside the Union.
Amendment 9
Proposal for a regulation
Recital 6
(6)  For the gradual establishment of an area of freedom, security and justice, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, is also key to ensure economic growth.
(6)  For the gradual establishment of an area of freedom, security and justice for all, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, is also key to ensure economic growth and further integration.
Amendment 10
Proposal for a regulation
Recital 6 a (new)
(6 a)   As recalled by the Court of Justice of the European Union in its case law1a, judicial independence forms part of the essence of the fundamental right to a fair trial and represents the basis for mutual trust and mutual recognition.
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1a CJEU, Grand Chamber, 27 February 2018, C-64/16, Asociação Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117; CJEU, Grand Chamber, 25 July 2018, C-216/18 PPU, L.M., ECLI:EU:C:2018:586.
Amendment 11
Proposal for a regulation
Recital 6 b (new)
(6 b)   Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement, and to public office-holders who are obliged by the law to provide parties with independent and impartial legal advice.
Amendment 12
Proposal for a regulation
Recital 6 c (new)
(6 c)  The incorporation of the gender perspective in justice systems should be considered an important goal to further develop the European area of justice. Intersectional discrimination in the justice system is still one of the main barriers in terms of women’s equal access to justice. The programme should therefore actively contribute to the elimination of any discrimination and barriers to minorities, persons with disabilities, migrants, asylum seekers, elderly people, people living in remote areas or any vulnerable groups that might be faced with restrictions to access to justice, and support victim-friendly and gender sensitive procedures and decisions in judicial systems.
Amendment 13
Proposal for a regulation
Recital 7
(7)  Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
(7)  Full respect and promotion of the rule of law is essential for a high level of mutual trust in the area of freedom, security and justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, transparency, accountability, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 14
Proposal for a regulation
Recital 7 a (new)
(7 a)   It is important to recall that justice means affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view to the protection of European values.
Amendment 15
Proposal for a regulation
Recital 8
(8)  Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross-border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
(8)  Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil, and criminal matters and, when applicable, administrative matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to implement and uphold the rule of law and fundamental rights. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the non-discriminatory, correct and coherent application of law in the Union and mutual trust and understanding between justice professionals in cross-border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals, including those working for civil society organisations, of different Member States, comprise active learning and networking elements and be sustainable. It should include training courses for judges, lawyers, prosecutors and police about the challenges and obstacles experienced by people in a vulnerable situation, including children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking, and about how to ensure that victims of crimes are properly protected. Such training courses should be organised with the direct involvement of such persons and organisations representing or supporting them.
Amendment 16
Proposal for a regulation
Recital 8 a (new)
(8 a)   Reasonable time-limits for proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law.
Amendment 17
Proposal for a regulation
Recital 8 b (new)
(8 b)  Pursuant to Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, and the respective decision with regard to asylum and non-refoulement, the Programme should support the training of the judiciary and judicial staff with a view to raising awareness and promoting the practical application of the Convention within this scope to better protect victims of violence against women and girls across the Union.
Amendment 18
Proposal for a regulation
Recital 9
(9)  Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.
(9)  Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law, as well as relevant civil society organisations including those bringing forward representative actions. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation. In addition, organisations in the fields of fundamental rights, and professionals working with victims of violence as well as specialised academic institutions could also contribute to such training programmes, and should therefore be associated whenever relevant. Taking into account that women judges are underrepresented in the top positions, women judges, prosecutors and other legal professions should be encouraged to participate in the training activities.
Amendment 19
Proposal for a regulation
Recital 9 a (new)
(9 a)   The Member States should invest more in development of judicial training courses and continuous education for judges as such activities form a basis for an efficient, independent and impartial judicial system.
Amendment 20
Proposal for a regulation
Recital 10 a (new)
(10 a)  The programme should also support the promotion of best practices between courts specifically handling gender-based violence and the exchange of common resources and training materials on gender-based violence for judges, public prosecutors, lawyers, police and other professionals that come into contact with victims of gender based violence.
Amendment 21
Proposal for a regulation
Recital 11
(11)  Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra-judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
(11)  Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments, mutual trust between Member States and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases including mediation procedures, especially focusing on facilitating non-discriminatory access to justice for all, and greater convergence, in particular in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra-judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
Amendment 22
Proposal for a regulation
Recital 12
(12)  Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions.
(12)  Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be given to actions aimed at the protection of the rights of children in the context of civil and criminal justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.
Amendment 23
Proposal for a regulation
Recital 12 a (new)
(12 a)  Pursuant to Article 3(3) TEU, Article 23 of the Charter and the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), the Programme should support the protection of women’s rights, and should mainstream the promotion of gender-based issues in the implementation of all of its actions. To ensure and strengthen women’s and girls’ access to justice in cases of gender-based violence, Member States should ratify the Istanbul Convention and adopt comprehensive legislation against gender-based violence in the Union.
Amendment 24
Proposal for a regulation
Recital 12 b (new)
(12 b)   Pursuant to the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, the Programme should support the protection of people belonging to racial or ethnic minorities, such as Roma, and mainstream the promotion of their rights in the implementation of all of its actions, in particular by strengthening anti-discrimination measures.
Amendment 25
Proposal for a regulation
Recital 13
(13)  The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners.
(13)  The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners, and for NGOs undertaking this task as well.
Amendment 26
Proposal for a regulation
Recital 14
(14)  Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.
(14)  Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which non-discriminatory access to justice for all is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities at national regional and local level, and legal practitioners, as well as of civil society organisations including those representing the rights of victims of crimes, which contribute to these objectives. In order to achieve access to justice for all, support should be given, in particular, to activities which facilitate effective and equal access to justice for people in a vulnerable situation such as children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking and migrants, irrespective of their residence status.
Amendment 27
Proposal for a regulation
Recital 15
(15)  Pursuant to Articles 8 and 10 TFEU, the Programme should also support the mainstreaming of equality between women and men and non-discrimination objectives in all its activities.
(15)  Pursuant to Articles 8 and 10 TFEU, the Programme should take a cross-cutting approach to promote gender equality and support the mainstreaming of gender equality and non-discrimination objectives in all its activities. Regular monitoring and evaluation should be carried out to assess the way in which those objectives are addressed in the Programme's activities.
Amendment 28
Proposal for a regulation
Recital 16
(16)  Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.
(16)  Actions covered by this Regulation should contribute to the creation of a European area of justice, fostering the independence and efficiency of the legal system, increasing cross-border cooperation and networking, underpinning mutual trust between the Member State judiciaries and achieving the correct, coherent and consistent application of Union law. Particular attention should be given to the application of Union equality law and to a better implementation of and coordination between the various Union instruments for protection of victims. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation and promotion of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper understanding and implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning and sharing of best practice.
Amendment 29
Proposal for a regulation
Recital 16 a (new)
(16 a)  The Programme should also contribute to enhancing cooperation with third countries whenever Union law has an extraterritorial application, to improve access to justice and facilitate tackling judicial and procedural challenges in particular in cases of human trafficking, and relating to climate change and corporate business responsibility.
Amendment 30
Proposal for a regulation
Recital 16 b (new)
(16 b)   As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly,but not exclusively, in relation to the following aspects: the proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non-work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. Such activities could, for instance, be tailored for female professionals within Member States' judiciaries and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff.
Amendment 31
Proposal for a regulation
Recital 16 c (new)
(16 c)  The Union’s justice system does not deliver adequate justice and protection to women and girls, and consequently, victims of gender-based violence do not receive the necessary support. That also includes the lack of protection and support regarding victims of sex trafficking, refugee and migrant women, LGBTIQ-people and persons with disabilities.
Amendment 32
Proposal for a regulation
Recital 17
(17)  The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.
(17)  The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, FRA, OLAF, EU-LISa and the European Public Prosecutor Office, in order to take stock of the work of other national and international actors in the areas covered by the Programme and recommend improvements, when necessary.
Amendment 33
Proposal for a regulation
Recital 18
(18)  It is necessary to ensure the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund – and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration ('AMIF') and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation13 .
(18)  It is necessary to ensure the viability, visibility, the core principle of European added value, and sound financial management in the implementation of all actions and activities carried out within the Justice Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient and performance-based allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund – and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration ('AMIF') and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the European Social Fund+, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation13. The implementation of the Justice Programme should be without prejudice to, and complemented by, Union legislation and policies regarding the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in Member States;.
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13 Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 Text with EEA relevance
13 Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 (OJ L 347, 20.12.2013, p. 185).
Amendment 34
Proposal for a regulation
Recital 19 a (new)
(19 a)   Mechanisms to ensure a link between Union funding policies and Union values should be further refined, allowing the Commission to make a proposal to the Council to transfer resources allocated to a Member State under shared management to the Programme where that Member State is subject to procedures relating to Union values. A comprehensive Union mechanism on democracy, rule of law and fundamental rights should guarantee the regular and equal review of all Member States, providing the necessary information for the activation of measures related to general deficiencies of Union values in Member States. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action, reversed qualified majority voting should be used.
Amendment 35
Proposal for a regulation
Recital 19 b (new)
(19 b)  It is important to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants.
Amendment 36
Proposal for a regulation
Recital 19 c (new)
(19 c)  Improving implementation and the quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources.
Amendment 37
Proposal for a regulation
Recital 20
(20)  Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees.
(20)  Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and demands full transparency on the use of resources, sound financial management and prudent use of resources. In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user-friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme. Co-funding criteria should take into account volunteer work.
Amendment 38
Proposal for a regulation
Recital 21
(21)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.
(21)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver the desired results, taking into account, in particular, the costs of controls, the administrative burden, the size and capacity of relevant stakeholders and targeted beneficiaries, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates, unit costs and cascading grants, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.
Amendment 39
Proposal for a regulation
Recital 22
(22)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council15, Council Regulation (Euratom, EC) No 2988/9516 Council Regulation (Euratom, EC) No 2185/9617 and Council Regulation (EU) 2017/193918 the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council19 In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
(22)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council15, Council Regulation (Euratom, EC) No 2988/9516 Council Regulation (Euratom, EC) No 2185/9617 and Council Regulation (EU) 2017/193918 the financial interests of the Union are to be protected through proportionate measures, including complete transparency of the Programme financing and selection procedures, prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) should carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) should investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council19 In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
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15 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L 248, 18.9.2013, p. 1.
15 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L 248, 18.9.2013, p. 1.
16 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
16 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
17 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292,15.11.1996, p. 2).
17 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292,15.11.1996, p. 2).
18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017,, p. 1).
18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017,, p. 1).
19 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
19 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 40
Proposal for a regulation
Recital 23
(23)  Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
(23)  Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, human rights bodies and networks, including national institutions responsible for the protection of human rights in each Member State, bodies and networks responsible for non-discrimination and equality policies, ombudsmen, the European Agency for Fundamental Rights (FRA), the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences, and enhance their synergies and cooperation. It should be possible to include third countries especially whenever their involvement fosters the objectives of the programme, taking note that it is in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or similar agreements;
Amendment 41
Proposal for a regulation
Recital 24 a (new)
(24 a)  The proposal for a regulation of the European Parliament and the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States aims to equip the Union to better protect its budget when weaknesses in the rule of law impair or threaten to impair sound financial management of the financial interests of the Union. It should complement the Justice programme the role of which is different, namely to further support the development of a European Area of Justice that is based on the rule of law and mutual trust, and to ensure people can enjoy their rights.
Amendment 42
Proposal for a regulation
Recital 25
(25)  Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU1], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.
(25)  Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU1], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. It is essential that the Programme ensure that such persons and entities are sufficiently informed about their eligibility for funding.
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1 Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
1 Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
Amendment 43
Proposal for a regulation
Recital 25 a (new)
(25 a)   Based on their importance and relevance, this Programme should contribute to fulfilling the commitment of the Union and its Member States to achieving the Sustainable Development Goals.
Amendment 44
Proposal for a regulation
Recital 27
(27)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.
(27)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Programme beneficiaries. These requirements, where possible, should include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.
Amendment 45
Proposal for a regulation
Article 1 – paragraph 2
It lays down the objectives of the Programme, the budget for the period 2021 – 2027, the forms of Union funding and the rules for providing such funding.
It lays down the objectives of the Programme, the budget for the period 1 January 2021 – 31 December 2027, the forms of Union funding and the rules for providing such funding.
Amendment 46
Proposal for a regulation
Article 2 – paragraph 1 – point 1
1.  ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.
1.  ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as defence and prosecution lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.
Amendment 47
Proposal for a regulation
Article 3 – paragraph 1
1.  The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, on mutual recognition and mutual trust;
1.  The Programme has the general objective of contributing to the further development of a European area of freedom, security and justice based on the rule of law, including the independence of judges and impartiality of justice, on mutual recognition, mutual trust and cross-border cooperation, thereby also contributing to the development of democracy, rule of law and fundamental rights;
Amendment 48
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2.  The Programme has the following specific objectives, as further detailed in Annex I:
2.  The Programme has the following specific objectives:
Amendment 49
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a)  to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law including by supporting the efforts to improve the effectiveness of national justice systems and the enforcement of decision;
(a)  within a framework of democracy and respect of fundamental rights, to facilitate and support judicial cooperation in civil and criminal matters, including cooperation beyond Union borders whenever Union law has extraterritorial applications, to strengthen access to justice for natural and legal persons and to promote the rule of law and the independence of the judiciary, including by supporting the efforts to improve the effectiveness of national justice systems, the adequate enforcement of judicial decisions and the protection of victims;
Amendment 50
Proposal for a regulation
Article 3 – paragraph 2 – point b
(b)  to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture;
(b)  to support and promote national and transnational judicial training, including legal terminology training, with a view to fostering a common legal, judicial and rule of law culture, as well as the consistent and effective implementation of the Union’s legal instruments on mutual recognition and procedural safeguards. Such training shall be gender sensitive, take into account the specific needs of children and persons with disabilities, be victim-oriented, where applicable, and cover, in particular, civil and criminal law and, where applicable, administrative law, fundamental rights as well as the fight against terrorism and radicalisation;
Amendment 51
Proposal for a regulation
Article 3 – paragraph 2 – point c
(c)  to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.
(c)  to facilitate effective and non-discriminatory access to justice for all, with the emphasis on inequalities and discrimination on any ground, such as the grounds listed in Article 21 of the Charter, and effective redress, including by electronic means (e-justice), by promoting efficient civil, and criminal procedures and, where applicable, administrative procedures, and by promoting and supporting the rights of all victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings, giving particular attention to children and women.
Amendment 52
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
(ca)   to promote the practical application of drug-related research, to support civil society organisations, to expand the knowledge base in the field, and develop innovative methods of addressing the phenomena of new psychoactive substances and trafficking in human beings and goods.
Amendment 53
Proposal for a regulation
Article 3 – paragraph 2 a (new)
2 a.  In the implementation of all of its actions, the Programme shall seek to support and promote, as a horizontal objective, the protection of equal rights and the principle of non-discrimination enshrined in Article 21 of the Charter.
Amendment 54
Proposal for a regulation
Article 4 – paragraph 1
1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [305 000 000] in current prices.
1.  Within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement] point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, the financial envelope for the implementation of the Programme for the period 2021 – 2027, representing the prime reference for the budgetary authority during the annual budgetary procedure, shall be EUR 316 000 000 in 2018 prices (EUR 356 000 000 in current prices).
Amendment 55
Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a.  The budget allocated for actions linked to the promotion of gender equality shall be indicated annually;
Amendment 56
Proposal for a regulation
Article 4 – paragraph 4
4.  Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation or indirectly in accordance with Article 62(1)(c). Where possible those resources shall be used for the benefit of the Member State concerned.
4.  Resources allocated to Member States under shared management may, at their request, or at the request of the Commission, be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation. Where possible those resources shall be used for the benefit of the Member State concerned.
Amendment 58
Proposal for a regulation
Article 6 – paragraph 2
2.  The Programme may provide funding in any of the forms laid down in the Financial Regulation.
2.  The Programme may provide funding in any of the forms laid down in the Financial Regulation, primarily through action grants as well as annual and multiannual operating grants. That funding shall ensure sound financial management, prudent use of public funds, lower levels of administrative burden for the Programme operator and for beneficiaries, as well as accessibility of the Programme funds to potential beneficiaries. It may use lump sums, unit costs, flat rates, cascading grants and financial support to third parties. Co-funding shall be accepted in kind, and may be waived in cases of limited complementary funding.
Amendment 59
Proposal for a regulation
Article 7
Article 7
Article 7
Type of actions
Type of actions
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, activities listed in Annex I shall be eligible for funding.
Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, the following activities shall be eligible for funding:
(1)   awareness-raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards, with a special focus on increasing the understanding of multi-, cross- and interdisciplinary areas of law, such as trade and human rights, and on how to facilitate extraterritorial litigation;
(2)  mutual learning through exchange of good practices among stakeholders, including civil society organisations, to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law and access to justice, and through enhancing mutual trust as well as exchange of good practices relating to a child-friendly justice and the promotion and incorporation of the gender perspective throughout the judicial system;
(3)  training courses for judges, lawyers, prosecutors and police and other people working in the justice system about the challenges and obstacles experienced by people in a vulnerable situation including children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking, and about how to ensure victims of crimes are properly protected;
(4)  analytical and monitoring activities to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, also taking into account the effects of Union law on third countries;
(5)  activities to improve the smooth functioning of a European area of justice, including by monitoring democracy, the rule of law and fundamental rights in Member States and research on how to eliminate obstacles to universal, non-discriminatory and effective access to justice for all;
(6)  initiatives addressing gender balance disparities among the Member States' judiciaries and judicial staff through training either tailored to female professionals, or targeting both female and male professional, raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures;
(7)  training relevant stakeholders, including civil society organisations active in the defence of victims of crimes and in bringing forward redress actions, to improve the knowledge of Union policies and law, including inter alia substantive and procedural law, fundamental rights, support and protection of victims of crime, use of collective redress and universal jurisdiction, the use of Union judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law;
(8)  multidisciplinary training of judicial staff and other relevant stakeholders in the field of penitentiary law, detention and prison management, in order to facilitate the dissemination of best practices;
(9)  multidisciplinary training of judicial staff and other relevant stakeholders in the field of juvenile justice, in order to prepare and promote the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings;
(10)  information and Communication Technology (ICT) as well as e-justice tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications, privacy and data protection;
(11)  developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme;
(12)  structural support for civil society organisations and other relevant stakeholders active in the areas covered by the Programme and capacity building and training of legal experts working for those organisations, as well as for particular activities of such organisations including advocacy, networking activities, litigation relating to violations of democracy, the rule of law and fundamental rights, public mobilisation and education, and the provision of relevant services;
(13)  enhancing knowledge of the programme and dissemination, transferability and transparency of its results and fostering citizen outreach, including by setting up and supporting independent programme desks/national contact network;
(14)  benchmarks studies, research, analyses and surveys, evaluations, impact assessment, the elaboration and publication of guides, reports and educational material.
Amendment 60
Proposal for a regulation
Article 9 – paragraph 1
1.  An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].
1.  An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs, and double-sourcing of Funds is avoided by clearly indicating the sources of funding for each category of expenditure, in line with the principle of sound financial management. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].
Amendment 61
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – point a
(a)  they have been assessed in a call for proposals under the Programme;
(a)  they have been properly assessed in a call for proposals under the Programme;
Amendment 62
Proposal for a regulation
Article 10 – paragraph 3
3.  An operating grant may be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.
3.  An operating grant shall be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.
Amendment 63
Proposal for a regulation
Article 11 – paragraph 2
2.  The work programme shall be adopted by the Commission by means of an implementing act. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 17.
2.  The work programme shall be adopted by the Commission by means of a delegated act. That delegated act shall be adopted in accordance with Article 14.
Amendment 65
Proposal for a regulation
Article 12 – paragraph 1
1.  Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in Annex II.
1.  Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in the Annex. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category.
Amendment 66
Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a.  The monitoring shall also provide a means of assessing the way in which gender equality and non-discrimination have been addressed across the Programme's actions.
Amendment 67
Proposal for a regulation
Article 12 – paragraph 3
3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.
3.  The performance reporting system shall ensure that correct data for monitoring programme implementation and results are collected efficiently, effectively, and in an accurate and timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have adequate resources and staff to meet reporting requirements.
Amendment 68
Proposal for a regulation
Article 13 – paragraph 1
1.  Evaluations shall be carried out in a timely manner to feed into the decision-making process.
1.  Evaluations shall be carried out in a timely and well documented manner to feed into the decision-making process and to monitor the implementation of actions carried out under the Programme and the achievement of the objectives set out in Article 3. All evaluations shall be gender sensitive and include a detailed analysis of the programme budget dedicated to gender equality-related activities.
Amendment 69
Proposal for a regulation
Article 13 – paragraph 2
2.  The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation.
2.  The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than three years after the start of the programme implementation.
Amendment 70
Proposal for a regulation
Article 13 – paragraph 3
3.  At the end of the implementation of the Programme, but no later than four years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.
3.  At the end of the implementation of the Programme, but no later than three years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.
Amendment 71
Proposal for a regulation
Article 13 – paragraph 3 a (new)
3 a.  The interim and final evaluation of the Programme shall assess, inter alia:
(a)  the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level;
(b)  the number and quality of instruments and tools developed through actions funded by the Programme;
(c)  the European added value of the Programme;
(d)  the level of funding in relation to the outcomes achieved;
(e)  potential administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme.
Amendment 72
Proposal for a regulation
Article 14 – paragraph 4
4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. The group of experts consulted shall be gender balanced.
Amendment 73
Proposal for a regulation
Article 16 – paragraph 1
1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information on the European added value of the Programme to multiple audiences, including the media and the public, thereby showing the Union added value and aiding the data gathering efforts of the Commission in order to enhance budgetary transparency.
Amendment 74
Proposal for a regulation
Article 17 – paragraph 1
1.  The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
1.  The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011, and shall be assisted by the relevant civil society and human rights organisations. Gender balance and appropriate representation of minority and other excluded groups in the Committee shall be safeguarded.
Amendment 75
Proposal for a regulation
Annex I
Annex I
deleted
Activities of the programme
The specific objectives of the Programme referred to in Article 3 (2) will be pursued in particular through support to the following activities:
1.  awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards;
2.  mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust;
3.  analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States;
4.  training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law.
5.  information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications.
6.  developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme.
7.  enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network.
__________________
25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 76
Proposal for a regulation
Annex II – paragraph 1 – introductory part
Annex II
Indicators
The Programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators:
Annex
Indicators
The Programme will be monitored on the basis of a set of qualitative and quantitative indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs and to maximising the effectiveness of justice systems. To that end, while respecting rights related to privacy and data protection, data will be collected and, where applicable, disaggregated by gender, age and staff category as regards the following set of key indicators:
Amendment 77
Proposal for a regulation
Annex II – paragraph 1 – table
Number of members of the judiciary and judicial staff who participated in training activities (including staff exchanges, study visits, workshops and seminars) funded by the Programme, including by the operating grant of the EJTN
Number of members of the judiciary and judicial staff who participated in training activities (including staff exchanges, study visits, workshops and seminars) funded by the Programme, including by the operating grant of the EJTN
Number of staff and members of civil society organisations who participated in training activities
Number of exchanges of information in the European Criminal Records Information System (ECRIS)
Number of exchanges of information in the European Criminal Records Information System (ECRIS)
Number of cases and activities, and level of output of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level
Number of hits on the e-Justice portal / pages addressing the need for information on cross-border civil cases
Number of people reached by:
Number of people reached by:
(i)   mutual learning and exchange of good practices activities;
(i)   mutual learning and exchange of good practices activities;
(ii)   awareness raising, information and dissemination activities
(ii)   awareness raising, information and dissemination activities
(iia)  capacity-building activities targeted at civil society organisations;
(iib)  activities related to providing people with information on access to justice;
(iic)  activities for judges on litigation challenges and how to apply private international law and Union law in cross border/multidisciplinary cases;
(iid)  awareness-raising activities funded by the Programme.
Geographical coverage of the activities funded by the Programme
Participants' assessment of the activities in which they participated and of their expected sustainability

(1) The matter was referred back for interinstitutional negotiations to the committees responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0068/2019).


The state of the debate on the Future of Europe
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European Parliament resolution of 13 February 2019 on the state of the debate on the future of Europe (2018/2094(INI))
P8_TA(2019)0098A8-0427/2018

The European Parliament,

–  having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

–  having regard to the Charter of Fundamental Rights of the European Union,

–  having regard to the European Convention on Human Rights, the European Social Charter, the Additional Protocol thereto and the revised version thereof,

–  having regard to Article 295 TFEU,

–  having regard to the informal meeting of 27 heads of state or government of 29 June 2016,

–  having regard to the Bratislava Declaration and Roadmap of 27 Member States of 16 September 2016,

–  having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights(1),

–  having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights(2),

–  having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty(3),

–  having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union(4),

–  having regard to its resolution of 16 February 2017 on budgetary capacity for the euro area(5),

–  having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty(6),

–  having regard to the Commission white paper of 1 March 2017 and the five subsequent reflection papers (COM(2017)2025, COM(2017)0206, COM(2017)0240, COM(2017)0291, COM(2017)0315, COM(2017)0358),

–  having regard to the Rome Declaration of 25 March 2017,

–  having regard to the UK’s notification of 29 March 2017 of its intention to leave the European Union,

–  having regard to the resolution of the European Economic and Social Committee on the Commission’s White Paper on the Future of Europe and beyond of 6 July 2017(7),

–  having regard to the resolution of the Committee of the Regions on the Commission’s White Paper on the Future of Europe – Reflections and scenarios for the EU-27 by 2025 of 12 May 2017(8),

–  having regard to the various contributions from national parliaments on the Commission’s white paper and reflection papers on the future of Europe,

–  having regard to the 2018 State of the Union address of 12 September 2018 by Commission President Jean-Claude Juncker,

–  having regard to the 2017 State of the Union address of 13 September 2017 by Commission President Jean-Claude Juncker and to his roadmap for a more united, stronger and more democratic union of 24 October 2017 (COM(2017)0650),

–  having regard to French President Emmanuel Macron’s Sorbonne speech of 26 September 2017, entitled ‘Initiative for Europe: A sovereign, united democratic Europe’,

–  having regard to the informal summit of EU heads of state or government of 29 September 2017 in Tallinn,

–  having regard to the Leaders’ Agenda adopted at the European Council meeting of 19-20 October 2017,

–  having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights of 17 November 2017 of the Council, Parliament and the Commission,

–  having regard to the Commission’s roadmap for deepening Europe’s Economic and Monetary Union (EMU) of 6 December 2017 (COM(2017)0821) and in particular the proposal to establish a European Monetary Fund (EMF) (COM(2017)0827), the proposal to integrate the substance of the Treaty on Stability, Coordination and Governance into the Union legal framework (COM(2017)0824) and the communication on a European Minister of Economy and Finance (COM(2017)0823),

–  having regard to the European Council meeting of 14-15 December 2017, and to the Leaders’ meeting and Euro Summit meetings taking place in the margins thereof,

–  having regard to the letter of 20 December 2017 by 26 national parliaments from 20 Member States on the transparency of decision-making in the Council,

–  having regard to the declaration of 10 January 2018 adopted at the Summit of the Southern European Union Countries (Cyprus, France, Greece, Malta, Portugal and Spain), entitled ‘Bringing the EU forward in 2018’, as well as to the statement on the Future of Europe made by the Visegrad Group countries (Czech Republic, Hungary, Poland and Slovakia) on 26 January 2018 and to the joint statement of European Finance Ministers from Finland, Denmark, Estonia, Ireland, Latvia, Lithuania, the Netherlands and Sweden of 6 March 2018,

–  having regard to the Commission communication of 13 February 2018 entitled ‘A Europe that delivers: Institutional options for making the European Union’s work more efficient’ (COM(2018)0095),

–  having regard to Commission Recommendation (EU) 2018/234 of 14 February 2018 on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament(9),

–  having regard to the informal meeting of the 27 heads of state or government of 23 February 2018,

–  having regard to its resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016(10),

–  having regard to its resolution of 19 April 2018 on the implementation of the Treaty provisions concerning national parliaments(11),

–  having regard to the Commission proposal for a Council regulation laying down the multiannual financial framework for the years 2021 to 2027 of 2 May 2018 (COM(2018)0322),

–  having regard to the Commission proposal for a Council decision on the system of Own Resources of the European Union of 2 May 2018 (COM(2018)0325),

–  having regard to the EU-Western Balkans Summit of 17 May 2018,

–  having regard to the Special Report of the European Ombudsman in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process of 16 May 2018,

–  having regard to the Meseberg Declaration of 19 June 2018,

–  having regard to the European Council meeting of 28-29 June 2018,

–  having regard to the opinion of the Committee of the Regions entitled ‘Reflecting on Europe: the voice of local and regional authorities to rebuild trust in the European Union’ of 9 October 2018,

–  having regard to the Future of Europe debates with heads of state or government, hosted by the European Parliament,

–  having regard to the letter from the Committee on Legal Affairs,

–  having regard to Rule 52 of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on International Trade, the Committee on Budgetary Control and the Committee on Agriculture and Rural Development (A8-0427/2018),

A.  whereas the European Union is an example of supranational integration without equal and has brought lasting peace, prosperity and welfare ever since the groundbreaking Schuman declaration of 9 May 1950; whereas shared security, respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights and the well-being of its peoples have been at the core of its aspirations and actions;

B.  whereas the free movement of goods, services, capital and people, the single currency, the Erasmus programme, regional, agricultural and cohesion policies, and Horizon 2020 are fundamental achievements of the Union, among many others, that contribute to the well-being of European citizens; whereas the Union needs to be endowed with the appropriate powers and resources to meet the challenges of the 21st century;

C.  whereas over the past few years the Union has faced multiple crises which have tested its resilience and capacity to act in a decisive and united manner;

D.  whereas the period from 2014 to 2017 has seen more socially balanced and effective monetary and macroeconomic policies, such as the non-standard policies of the European Central Bank, the flexibility of the Stability and Growth Pact and the Investment Plan for Europe, which have contributed to the EU’s economic and social recovery;

E.  whereas although Europe has managed to contain and partially overcome the most critical moments of the financial and economic crisis, important and urgent reforms still lie ahead at EU and Member State level in the area of economic governance in general and the euro area in particular, as well as in terms of further strengthening the single market and the recovery and development of the social standards of our welfare states;

F.  whereas in view of the multiple internal and external current and future challenges facing the Union in an unstable and complex global world, in particular those concerning migration, demographic decline, terrorism, security, climate change, environmental issues, preserving the multilateral world order, completing the EMU, globalisation, free, fair and rules-based international trade, foreign affairs and defence, developing the social pillar, and combating anti-EU populism, intolerance and xenophobia, the EU should promote a renewed spirit of cooperation and solidarity among its Members based on Articles 2 and 3 of the TEU and the Charter of Fundamental Rights, while the objective enshrined in the Lisbon Treaty of creating an ever closer union among the peoples of Europe should continue to inspire the actions taken by the Union to further strengthen European integration and effectively address these challenges;

G.  whereas Parliament is very concerned about the rise of populist, xenophobic and anti-European movements all over Europe; whereas the Union and its Member States must strengthen their efforts to defend and promote the democratic values, founding principles and objectives of European integration;

H.  whereas the UK’s referendum of June 2016 leading to its notification on 29 March 2017 of its intention to leave the European Union has intensified the debate on the future of the Union; whereas the negotiations on the envisaged withdrawal of the UK from the EU have revealed the high level of interdependence of the Member States, the degree to which we all rely on joint instruments and policies and the costs of any departure;

I.  whereas the intensification of the debate on the future of Europe is reflected, besides in Parliament’s own resolutions on the future of Europe of 16 February 2017, in the Bratislava Declaration and Roadmap, the Commission White Paper on the Future of Europe, the Rome Declaration, the Leaders’ Agenda adopted by the European Council in October 2017, and various contributions by individual Member States or groups of them, and by the European Economic and Social Committee and the Committee of the Region, as well as in plenary debates in the European Parliament on the ‘Future of Europe’ with heads of state or government, in interparliamentary committee meetings and in the organisation of citizens’ dialogues and consultations by various institutions, bodies and Member States;

J.  whereas the Parlemeter survey, conducted between 8 and 26 September 2018, shows that 62 % of respondents believe that their countries’ membership is a good thing and that 68 % consider that their country has benefited from its EU membership, the highest result measured since 1983;

K.  whereas the values and principles on which the Union is based define a sphere with which every European citizen can identify, irrespective of political or cultural differences linked to national identity;

L.  whereas the upcoming elections to the European Parliament present an opportunity to take stock of the debate on the future of Europe, also in view of the principal institutional priorities of the European Parliament, the Commission and the Council for the new term;

M.  whereas the EU is facing a particularly important period in its construction process, given the nature and dimension of its challenges, and whereas these can only be solved by working together and through greater and better integration and solidarity among Member States exploiting to the full extent the current provisions of the Lisbon Treaty and, subsequently, reforming the Treaties in order to improve institutional decision-making and ensure the appropriate balance of competences;

N.  whereas institutional reforms should aim at making decision-making processes more democratic and enhancing the transparency of decision-making and the accountability of the Union and its institutions; whereas, in view of these aims, it is an appropriate and opportune time to promote meaningful civic participation in the European project and organise consultations and encourage regular dialogue with citizens and representative associations, in line with the requirements of Article 11 of the TEU;

O.  whereas the Union needs a stronger government structure, with enhanced democratic control by Parliament, to face the challenges of today and the future; whereas transparency and integrity on the part of the EU institutions and bodies are essential to build trust and confidence of citizens;

P.  whereas the joint Franco-German Meseberg Declaration contains a series of reflections and proposals to strengthen European cooperation, in particular in the field of economic governance;

Q.  whereas the promotion of a European dimension of culture and education is vital for reinforcing European citizenship, taking into account that the Union suffers from a knowledge deficit that means that the Union’s achievements tend to be taken for granted by younger generations;

1.  Recalls that Parliament’s resolutions on the future of Europe of 16 February 2017 emphasised the importance of the single institutional framework and the Community method and suggested several proposals and initiatives of particular importance for European integration that can contribute to building Europe’s future;

2.  Underlines that the Union must tackle the challenges of its future with greater and better political integration, with full respect for and promotion of human rights, fundamental freedoms and the democratic principles and by working together; highlights that citizens want a Europe that protects their rights, welfare and social model on the basis of shared sovereignty, which requires appropriate political integration; invites the heads of state or government to pursue this path in a renewed spirit of solidarity and collaboration;

3.  Points out that the heads of state or government who addressed Parliament in plenary during the debates on the future of Europe all acknowledged that there is a need to face the challenges of the future together and to do better what can only be achieved together;

4.  Reiterates its belief that differentiated integration must remain open to all Member States and continue to act as a method of deeper European integration and solidarity, which should not be confused with the idea of a Europe à la carte; insists on the need to avoid any perception of the creation of first-class and second-class membership within the Union in the current debate on differentiated integration;

5.  Recalls that differentiated integration should not be a way to reduce political integration;

6.  Stresses that the crisis has produced an imbalance between the main institutions of the Union, and that the European Council is exercising its own political initiative to the detriment of the Commission’s right of initiative and is reinforcing the intergovernmental method; considers, however, that the Community method is best suited for the functioning of the Union; recalls the numerous resolutions adopted by Parliament in this regard and reiterates its call on the European Council to fully respect the boundaries of its competences as enshrined, in particular, in Article 15 of the TEU;

7.  Reiterates that unanimity, which the Treaties require in some fundamental matters, is an almost insurmountable obstacle in important moments and decisions, and advocates therefore, with regard to decision-making procedures, the principle of qualified majority voting (QMV) in the Council and, for legislation, the use of the ordinary legislative procedure in all areas where this is possible; recalls that under the current Treaties this can be achieved by using the various passerelle clauses or, in the case of enhanced cooperation, by using Article 333 of the TFEU;

8.  Welcomes in this regard the announcement by President Juncker in his State of the Union addresses of 13 September 2017 and 12 September 2018 of the intention to propose using QMV in the Council in certain specific policy areas, but regrets that the multiannual financial framework (MFF) regulation is not among the subjects listed;

9.  Welcomes in particular the fact that the Commission has proposed using QMV in the common foreign and security policy (CFSP) as regards positions on human rights questions in international fora, decisions to establish sanctions regimes, and decisions to launch or implement civilian missions in response to crises abroad, given the importance of speeding up decision-making and making it more effective, and the need for the Union to speak more with one voice;

10.  Reiterates its suggestion to transform the Council into a true legislative chamber on equal footing with Parliament, as outlined in its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty, and to improve the transparency of its decision-making process; points in this context to the special report by the Ombudsman on the transparency of the Council’s legislative process and to the letter of COSAC delegations of 20 December 2017 calling for more transparency in political decision-making, in particular from the Council and informal bodies such as the Eurogroup, in line with similar requests made by Parliament in this respect;

11.  Considers that there are different options to render the Commission more agile by adapting the structure and working methods of the College of Commissioners, for example with the appointment of Vice-Presidents responsible for a cluster of policies or the appointment of senior and junior Commissioners;

12.  Recalls that, although Parliament does not have a formal right of legislative initiative under the current Treaties, it may request that the Commission submit any appropriate proposal on matters that, in its view, require a Union act for the purpose of implementing the Treaties, and reminds the Commission, in accordance with Article 10 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(12), of its obligation to give prompt and detailed consideration to requests for proposals for Union acts; recalls furthermore that this interinstitutional agreement also contains provisions on interinstitutional annual and multiannual programming, which provide an additional tool for Parliament to steer the legislative agenda;

13.  Recalls its proposal according to which, in the event of a possible future revision of the Treaties, the right of legislative initiative could also be attributed to Parliament as the direct representative of EU citizens;

14.  Insists that Parliament’s power of scrutiny and in particular its right of inquiry should be reinforced and that it should be granted specific, genuine and clearly delimited powers;

15.  Takes note of the report of the Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’ of 10 July 2018, presenting recommendations on a new way of working on subsidiarity and proportionality; considers that many of these recommendations, particularly regarding the role of national parliaments within the Union and the advisability of reforming the early warning system, have already been highlighted by Parliament; recalls that the Task Force found that there is EU added value in all existing areas of EU activity and therefore did not identify any Treaty competences or policy areas that should be re-delegated definitively, in whole or in part, to the Member States;

16.  Welcomes the recommendations of the different institutions calling for a more active role for national parliaments, especially in controlling the action of their governments in the European institutions; recalls also the fundamental role of local authorities and especially regional parliaments with legislative powers;

17.  Stresses the importance of cooperation at interinstitutional level, while respecting each institution’s prerogatives as enshrined in the Treaties, this cooperation having been given a new framework with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, and underlines that simplification is an ongoing exercise which aims at making the processes and procedures at EU level easier to understand, ensuring that views from all relevant stakeholders are taken into account and ultimately facilitating the participation of citizens in the work of the European Union;

18.  Welcomes the joint proclamation endorsing the European Pillar of Social Rights signed by the Council, Parliament and the Commission during the Gothenburg Social Summit for Fair Jobs and Growth; points out that the competences and tools required to deliver on the pillar are mainly in the hands of local, regional and national authorities, as well as social partners and civil society, while the European Semester offers a framework to keep track of the performance of the Member States in this respect; recalls, furthermore, in this context that social dialogue has proven to be an indispensable instrument to improve EU policy- and law-making and strengthen the social legitimacy thereof;

19.  Notes the non-binding nature of the Social Pillar, which is unable as such to shift the EU focus from economic, internal market and fiscal policies to social targets; points out that the horizontal social clause enshrined in Article 9 of the TFEU requires the Union to give careful consideration to the impact of EU legislation on social standards and employment and with due consultation of social stakeholders;

20.  Stresses that environmental protection must be a high priority for the EU in light of the current environmental degradation, and must be mainstreamed in all policies and actions of the Union; underlines that the EU should take effective action to reduce greenhouse gas emissions and increase the share of renewables in the energy mix and energy savings to the levels necessary to meet the objectives set in the Paris Agreement;

21.  Calls once again on the Member States to sign and ratify the revised European Social Charter and the European Convention on Social Security (ETS No 78);

22.  Underlines the importance of continuing the process of deepening and completing the EMU in order to contribute to preserving the stability of the single currency and enhancing the convergence of economic, fiscal and labour market policies and social standards among the Member States; reiterates that, with the exception of Denmark’s opt-out, every single Member State is bound to adopt the euro; supports further steps in the development of the ESM;

23.  Stresses in this regard the need for strong political commitment, efficient governance and democratic accountability at European and national level, in particular parliamentary scrutiny at the various stages of the European Semester by both the European Parliament and national parliaments, in order to provide the economic and financial governance of the euro area with enhanced social, economic and democratic legitimacy and improve the follow-up of Union recommendations;

24.  Recalls its view, in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, that fiscal and economic policy should become a ‘shared competence’ between the Union and the Member States;

25.  Notes the convergence of positions taken by France and Germany on the idea of a budgetary capacity for the euro area; reiterates its view that such a capacity should be developed within the EU framework;

26.  Takes note of the Commission proposal for a European Investment Stabilisation Function and is discussing new budgetary tools aimed at stabilisation;

27.  Takes note of the Commission proposal for a Reform Support Programme; stresses the importance of not weakening Parliament’s co-decision and oversight powers in the spending of EU funds; is concerned that in the period 2011-2017 only 9 % of country-specific recommendations (CSRs) were fully implemented; takes note of the convergence facility, which will provide an incentive and help Member States outside the euro area with sustainable fiscal and economic policies to implement reforms and fulfil the criteria for introducing the euro;

28.  Welcomes the future InvestEU programme and stresses that the fund should continue to reduce the investment gap in the EU; supports investments in tangible and intangible assets, including cultural heritage, in order to foster growth, investment and employment, with a particular focus on small and medium-sized enterprises (SMEs), small- and mid-cap companies and social enterprises, and thereby contribute to improved well-being and fairer income distribution and economic, social and territorial cohesion in the Union;

29.  Notes the Commission communication on a European Minister of Economy and Finance; points out that merging the positions of Commission Vice-President for Economic Affairs and Chair of the Eurogroup could improve parliamentary accountability at European level;

30.  Is of the view that the future EU budget should promote European added value in terms of socio-economic impact, support the modernisation of EU policies, ensure finances for new challenges and continue contributing towards economic and social convergence and cohesion between and within Member States so as to enhance European solidarity, stability, equality and smart, sustainable and inclusive growth, including in light of the EU’s commitments under the Paris Agreement, secure respect for and promotion of fundamental values as stated in Articles 2 and 3 of the TEU and be endowed with new own resources, taking into account the work of the High Level Group on Own Resources;

31.  Welcomes the fact that the Commission proposal on own resources introduces new real own resources, as requested by Parliament, but regrets that no other possible sources of revenue were introduced; expresses concern at the Commission proposal for the MFF for 2021-2027, because it lacks a financial commitment to face the current challenges for the EU as well as those that lie ahead; regrets the position taken by some Member States that refuse to provide more resources to the EU, despite unanimous recognition of the need to face new challenges and responsibilities, and therefore the need for more financial resources; points out that spending at EU level can save money at national level by avoiding duplication and through economies of scale;

32.  Underlines the importance of ensuring upward economic and social convergence in the European Semester process; recognises the importance of the establishment of the European Pillar of Social Rights; notes that the European Semester has been strengthened and streamlined but highlights that better involvement of national parliaments would help to improve national ownership, which would lead to better implementation of CSRs, thus improving the European Semester process; notes that it is first and foremost the responsibility of the Member States to choose adequate and sustainable fiscal and economic policies;

33.  Regrets that, to date, there has been no practical follow-up to its call for a convergence code – to be adopted by co-decision – in order to have a more effective framework for economic policy coordination; recalls furthermore that, while acknowledging that the European Semester has already been streamlined, Parliament called for an interinstitutional agreement to be concluded to give Parliament a more substantial role in the European Semester; recalls in this context its suggestion, specifically in line with its resolution on the implementation of the Treaty provisions concerning national parliaments, that budgetary calendars at national and European level need to be better coordinated throughout the process in order to better involve both the European Parliament and national parliaments in the European Semester;

34.  Underlines the importance of commitment to the process of completing the Banking Union and the need to ensure openness and equal treatment of all Member States participating in the Banking Union; recalls that the completion of the Banking Union, including a European Deposit Insurance Scheme and a fiscal backstop for the Single Resolution Fund, must continue, as must measures to achieve risk reduction;

35.  Welcomes the anti-money laundering proposals presented by the Commission in the context of the European System of Financial Supervision (ESFS) review; encourages the Council to complete with Parliament the legislative negotiations before the end of this legislative term, as anti-money laundering policies need to be strengthened in order to avoid future situations whereby financial institutions are actively facilitating money laundering;

36.  Invites the Commission, with the help of the European supervisory authorities, to identify and remove obstacles to the internal market and help to ensure consumer protection; is of the opinion that one of the main priorities of the Commission should be to effectively enforce EU legislation;

37.  Calls on the Commission to prioritise regulations over directives as the legislative tool for the Banking Union and financial services legislation, where appropriate and on a case-by-case basis, in order to avoid creating fragmentation and a situation whereby supervisors have to deal with different national regimes;

38.  Emphasises the urgent need to complete the Capital Markets Union; stresses that deep and well-integrated capital markets are complementary to the Banking Union, due to their contribution to private risk-sharing, increasing economic convergence, helping to cushion future shocks and potentially leading to a better allocation of funds where needed; calls for a comprehensive study on the most appropriate framework in order to better take into account the rapidly evolving nature of financial services; highlights the fact that better access to additional sources of financing would be especially helpful for start-ups and SMEs, promoting their solid growth and sustainable development;

39.  Welcomes the work done so far and deems it necessary to continue the comprehensive review of existing VAT legislation; urges the need to step up the fight against tax fraud, tax avoidance and tax evasion; notes the Commission’s work on fair taxation of the digital economy;

40.  Invites all EU institutions and bodies, including the Commission, the European Central Bank, the European Investment Bank and the Single Supervisory Mechanism, to enhance to an even greater extent their communication efforts in order to better explain their work and to improve the information available to EU citizens;

41.  Stresses that Europe is a positive force in the world and should continue to be, by upholding its values, multilateralism and international law; recalls that the Union and its Member States are the largest contributor to international development aid;

42.  Welcomes the Council decision establishing permanent structured cooperation (PESCO), the Coordinated Annual Review on Defence (CARD) and the European Defence Fund (EDF) as important steps towards a common defence policy, and notes proposals by certain Member States for an EU Security Council and a European Intervention Initiative; recalls its call for the establishment of a permanent Council of Defence Ministers chaired by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and underlines the importance of appropriate democratic accountability of decisions taken in this area and the need for reinforced cooperation between the European Parliament and national parliaments in this regard;

43.  Welcomes the strengthening of the European Civil Protection Mechanism and calls once again for the creation of a European Civil Protection Corps, given that the existing Treaties provide a good basis for this;

44.  Recalls the Union’s pending accession to the European Convention on Human Rights; and calls for the incorporation of the Euratom Treaty’s provisions in the TEU and the TFEU;

45.  Deplores the absence of an agreement among the Member States on the priorities and implementation of an EU-level comprehensive immigration policy, which would make it possible to organise and regulate migratory flows, control the EU’s external borders more effectively, cooperate with countries of origin and transit, and guarantee respect for the fundamental rights of migrants and asylum seekers, among other objectives; underlines that the obvious contradictions in interests exposed by Member States, as well as the discontent voiced by citizens, need to be overcome in order not to jeopardise the European integration project, which suffers as a direct result of an instrumentalisation of the migration issue by the Eurosceptic parties;

46.  Recalls its position on the revision of the Dublin system; underlines furthermore the importance of strengthening its partnership with Africa and takes note of the Commission communication of 12 September 2018 on ‘Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy establishing legal channels for migration’ (COM(2018)0635);

47.  Stresses the importance of a common agricultural policy (CAP) supported by a well-funded budget; recalls the CAP’s central importance to the history of the Union; notes the fundamental role that it plays in ensuring vibrant rural regions and a secure supply of food; notes that the upcoming reform of the CAP is an opportunity to strengthen the delivery of its objectives; highlights that the CAP is one of the oldest policies, and must continue to be one of the most important and most integrated policies, and that it will continue to contribute to building Europe’s future through greater integration, preservation of the environment and food security and safety for the EU’s citizens; notes that agricultural and rural development policies have great potential in terms of providing public goods; stresses that European farming plays a vital role in feeding the planet and providing jobs for 46 million people; highlights the role played by the CAP in maintaining the state and quality of soil, water and other natural resources; stresses the crucial role of agriculture in the Union’s priorities to mitigate the effect of climate change and promote sustainable development; underlines the importance of a well-funded and reformed CAP to tackle the many challenges the Union will have to face in the future; underlines that the CAP is not simply about farming and farmers but is also about helping and developing the wider rural communities in which they operate;

48.  Stresses that the common commercial policy must remain a fundamental pillar of the Union’s external policy, given that it has direct implications for the lives of citizens, and that it must help the Union to adapt to its new role in a world of multiple leading players on the international stage; urges the Council, the Commission and the European External Action Service to cooperate in the following areas:

   a) strengthening the common commercial policy by integrating it into the wider policy framework; taking the lead on the world’s trade policy at multilateral and bilateral level;
   b) leading the defence of an open, rules-based, fair and sustainable development-oriented global trading system, ensuring that EU companies can operate globally within a framework of equal conditions, predictable rules, fair competition and defined obligations, which should include working constructively on a common Union position in the UN intergovernmental negotiations on liability for human rights violations and promoting corporate accountability and binding due diligence obligations with regard to supply and production chains;
   c) keeping Parliament fully and immediately informed about the negotiations and the Council’s mandate, and throughout the implementation of international agreements, with the aim of ensuring that it is able to exercise its powers and prerogatives; simplifying and shortening the negotiation processes and reinforcing Parliament’s scrutiny throughout; increasing transparency towards EU citizens by publishing the negotiating directives (mandates) for trade agreements before the start of the negotiations; fully respecting Treaty provisions and recent EU case-law that establish the common commercial policy as an exclusive competence of the Union;
   d) systematically including chapters on digital trade, SMEs, binding and enforceable trade and sustainable development in addition to gender-equality provisions in trade agreements and taking a lead on these topics in multilateral discussions; defending the data privacy of EU citizens;
   e) strengthening the coherence of the common commercial policy with the CFSP, European development policy and climate policy in order to guarantee the values and objectives set out in Article 3(5) of the TEU and Articles 21, 207 and 208 of the TFEU, with full adherence to the European Consensus on Development;

49.  Considers that the Union should continue to advance international trade while defending social, labour and environmental standards; warns against trade wars, which only produce losers and increase political and security tensions;

50.  Recalls that according to Article 17(7) of the TEU, ‘taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission’; underlines its determination to continue with the Spitzenkandidaten process for the election of the next Commission President in line with the Lisbon Treaty, and welcomes the support of the Commission and certain Member States in this respect; stresses that in the process of the investiture of the President of the Commission, proper consultations with Parliament are of paramount importance, as, after the elections, it will determine the candidate which can be backed by a majority of its component Members and will transmit the result of its internal deliberations to the European Council; recalls that the candidate must have been designated as a Spitzenkandidat by one of the European political parties and must have campaigned for the post of President of the Commission in the run-up to the European elections; considers that this practice has amply proved its worth, strengthening the societal legitimacy of the European elections and the supranational role of the European Parliament as an exponent of European citizenship and European democracy; warns once again that Parliament will be ready to reject any candidate in the investiture procedure of the President of the Commission who was not appointed as a Spitzenkandidat in the run-up to the European elections;

51.  Regrets the frequent and widespread temptation to attribute unpopular decisions to ‘Brussels’ and to free national authorities of their responsibilities and politics, given that this unjust and opportunistic attitude damages Europe, promotes anti-European sentiments and nationalism and discredits the EU institutions; considers furthermore that false attributions are contrary to the imperative of accountability of governmental action; stresses that proper implementation and application of EU law is essential for delivering on Union policies and for fostering mutual trust between the Union, Member States and citizens and expresses concern at the actions of Member States that willingly fail to do so;

52.  Underlines the need for a stronger assessment of the social and environmental consequences of EU policies, by keeping in mind also the cost of non-legislation at European level (the so-called ‘cost of non Europe’);

53.  Underlines the need to give particular focus to EU administrative law, as indicated in its resolution of 9 June 2016 calling for an open, efficient and independent European Union administration(13);

54.  Underlines the need to strengthen the European public space as a supranational democratic space; stresses that the major challenges Europe is facing must be addressed and discussed from a European perspective and not from a national perspective only, and by giving full effect to the provisions enshrined in Articles 10 and 11 of the TEU; points out that, for this reason, European democracy needs to strengthen the transnational dimension of its objectives and challenges, while promoting a European citizenship based on the common values in the European Union and with more European institutional education and a deliberative, more participatory societal framework as well as a more European and less nationally focused campaign for the upcoming European elections in 2019;

55.  Welcomes the Union’s approach taken to the negotiations on the United Kingdom’s orderly withdrawal from the European Union, and underlines the remarkable unity displayed by the EU institutions and Member States; notes that experience in the negotiations has shown the enormous complexities of such decisions;

56.  Underlines once more that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the fundamental values of the European Union which inspired the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed to respect; underlines furthermore that upholding these values is fundamental for the cohesion of the European project, the rights of all Europeans and the mutual trust needed among the Member States; asks the Commission once again to swiftly submit a proposal giving effect to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights;

57.  Recalls that, according to the Court of Justice (Joined Cases C-8/15 P to C-10/15 P(14)), the European institutions are bound to respect and uphold the provisions of the EU Charter of Fundamental Rights even when they act outside the EU legal framework;

58.  Reiterates that, in the context of the debate on the future of Europe, consideration must be given to the issue of how the Union budgetary system could be reformed to provide an adequate budget to guarantee the funding of planned policies, a better balance between predictability and responsiveness and how to ensure that overall funding arrangements are no more complex than necessary to achieve Union policy goals and ensure accountability; is of the opinion that the pre-conditionality of policies must be reinforced, where necessary and without jeopardising the functionality of programmes, so as to ensure effective sound financial management in the implementation of the Union’s spending;

59.  Stresses the importance of focusing in particular on more efficient use of funding and on democratic EU budget control mechanisms; calls for all the EU institutions to enhance their procedures and practices aimed at safeguarding the financial interests of the Union, and to actively contribute to a results-oriented discharge process; believes, in this context, that the discharge procedure is an indispensable instrument of democratic accountability towards the citizens of the Union and recalls the difficulties repeatedly encountered owing to a lack of cooperation on the part of the Council; insists that the Council must be accountable and transparent, as are the other institutions; stresses that there should be no exceptions to this;

60.  Draws attention to the phenomenon of corruption, which has significant financial consequences and poses a serious threat to democracy, the rule of law and public investment; points out the importance of safeguarding EU taxpayers’ money against fraud and other illegal activities affecting the financial interests of the Union;

61.  Reiterates that taking into account the present state of the integration project, the EU must exhaust every possible avenue to ensure the full implementation of the Lisbon Treaty; points out that a subsequent revision of the Treaties should be based on a Convention being convened – guaranteeing inclusiveness through its composition of representatives and providing a platform for reflection and engagement with stakeholders and citizens – with a view to discussing and drawing conclusions from the various contributions to the reflection process on the future of Europe by the institutions and other bodies of the Union and the proposals put forward by heads of state or government, national parliaments and civil society and in citizen consultations;

62.  Stresses that the process of reflecting on the future of Europe has already started on the basis of the various positions on EU reform taken by Parliament, the European Council and the Commission; regrets that, despite these positions, only marginal reforms have been envisaged; emphasises that, once the new Parliament and Commission are established they should capitalise on the work done in the previous legislature and start working on the proposals made;

63.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ C 215, 19.6.2018, p. 162.
(2) OJ C 242, 10.7.2018, p. 24.
(3) OJ C 252, 18.7.2018, p. 215.
(4) OJ C 252, 18.7.2018, p. 201.
(5) OJ C 252, 18.7.2018, p. 235.
(6) OJ C 263, 25.7.2018, p. 125.
(7) OJ C 345, 13.10.2017, p. 11.
(8) OJ C 306, 15.9.2017, p. 1.
(9) OJ L 45, 17.2.2018, p. 40.
(10) Texts adopted, P8_TA(2018)0056.
(11) Texts adopted, P8_TA(2018)0186.
(12) OJ L 123, 12.5.2016, p. 1.
(13) OJ C 86, 6.3.2018, p. 126.
(14) Judgment of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and Others v European Commission and European Central Bank, ECLI:EU:C:2016:701.


Non-objection to a delegated act: geographical breakdown levels
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European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Annex I to Regulation (EC) No 184/2005 of the European Parliament and of the Council, as regards the geographical breakdown levels (C(2018)08872 – 2018/3002(DEA))
P8_TA(2019)0099B8-0080/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2018)08872),

–  having regard to the letter from the Committee on International Trade to the Chair of the Conference of Committee Chairs of 28 January 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment(1), and in particular Articles 2(3) and 10(6) thereof,

–  having regard to the recommendation for a decision of the Committee on International Trade,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union; whereas the Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, that is to say from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period;

B.  whereas Regulation (EC) No 184/2005 establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment;

C.  whereas withdrawal of the United Kingdom from the Union would have the consequence that the United Kingdom would become a third country and therefore Community statistics concerning balance of payments, international trade in services and foreign direct investment would have to reflect the United Kingdom as a third country, rather than a Member State;

D.  whereas the only modifications that the delegated regulation C(2018)08872 provides are to classify the United Kingdom as a third country for the purposes of application of Regulation (EC) No 184/2005;

E.  whereas swift publication of the delegated regulation in the Official Journal of the EU would allow for more legal certainty and appropriate time for implementation before 30 March 2019;

1.  Declares that it has no objections to the delegated regulation C(2018)08872;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 35, 8.2.2005, p. 23.


Non-objection to a delegated act: regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts
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European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts (C(2018)09047 – 2018/2998(DEA))
P8_TA(2019)0100B8-0088/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2018)09047),

–  having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 5(2) and 82(6) thereof,

–  having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC(2),

–  having regard to the draft regulatory technical standards (RTS) entitled ‘Clearing Obligation under EMIR (no. 6)’, submitted by the European Supervisory Authorities on 27 September 2018 pursuant to Article 5(2) of Regulation (EU) No 648/2012,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important details related to exemption from the clearing obligation for intragroup transactions with third-country group entities, where no equivalence decision under Article 13(2) of Regulation (EU) No 648/2012 has been adopted for the third country in which that group entity is established;

B.  whereas Parliament recognises the importance of the swift adoption of this act, since the Commission has not yet adopted such equivalence decisions and the first deferred date of application of the clearing obligation was 21 December 2018, but also believes that the Commission unnecessarily delayed the adoption of this act until 19 December 2018, while the European Securities and Markets Authority (ESMA) published its draft RTS as early as 27 September 2018;

C.  whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (‘the scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted RTS are ‘the same’;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 201, 27.7.2012, p. 1.
(2) OJ L 331, 15.12.2010, p. 84.


Non-objection to a delegated act: date at which the clearing obligation takes effect for certain types of contracts
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European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Commission Delegated Regulation (EU) 2015/2205, Commission Delegated Regulation (EU) 2016/592 and Commission Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts (C(2018)09122 – 2018/3004(DEA))
P8_TA(2019)0101B8-0090/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2018)09122),

–  having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019,

–  having regard to the Commission communication of 19 December 2018 entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: Implementing the Commission’s Contingency Action Plan’ (COM(2018)0890),

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 5(2) and 82(6) thereof,

–  having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC(2),

–  having regard to the draft regulatory technical standards (RTS) on the novation of contracts for which the clearing obligation has not yet taken effect, submitted by the European Securities and Markets Authority on 8 November 2018, pursuant to Article 5(2) of Regulation (EU) No 648/2012,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important rules related to transactions concluded between a counterparty established in the United Kingdom and a counterparty established in the EU-27 and is part of the package of contingency measures in the event of a no-deal Brexit;

B.  whereas Parliament agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27;

C.  whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (the ‘scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 201, 27.7.2012, p. 1.
(2) OJ L 331, 15.12.2010, p. 84.


Non-objection to a delegated act: date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP
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European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP (C(2018)09118 – 2018/3003(DEA))
P8_TA(2019)0102B8-0089/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2018)09118),

–  having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019,

–  having regard to the Commission communication of 19 December 2018 entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: Implementing the Commission’s Contingency Action Plan’ (COM(2018)0890),

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 11(5) and 82(6) thereof,

–  having regard to Article 13 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC(2),

–  having regard to Article 13 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC(3),

–  having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC(4),

–  having regard to the draft regulatory technical standards (RTS) on the novation of bilateral contracts not subject to bilateral margins submitted by the European Supervisory Authorities on 27 November 2018 pursuant to Article 11(15) of Regulation (EU) No 648/2012,

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas the delegated act contains important rules related to transactions concluded between a counterparty established in the United Kingdom and a counterparty established in the EU-27 and is part of the package of contingency measures in the event of a no-deal Brexit;

B.  whereas Parliament agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27;

C.  whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (‘the scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate a one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 201, 27.7.2012, p. 1.
(2) OJ L 331, 15.12.2010, p. 12.
(3) OJ L 331, 15.12.2010, p. 48.
(4) OJ L 331, 15.12.2010, p. 84.


Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM(2018)0378 – C8-0242/2018 – 2018/0203(COD))
P8_TA(2019)0103A8-0477/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0378),

–  having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0242/2018);

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

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2018(1)

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

–  having regard to the report of the Committee on Legal Affairs (A8-0477/2018),

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

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

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

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

P8_TC1-COD(2018)0203


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  In the interests of the proper functioning of the internal market and the development of a European area of civil justice governed by the principle of mutual trust and mutual recognition of judgments, it is necessary to further improve and expedite cooperation between courts in the Member States in relation to the taking of evidence. [Am. 1]

(2)  Council Regulation (EC) No 1206/2001(4) lays down rules on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

(2a)   For the purposes of this Regulation, the term ‘court’ should be given a broad meaning so as to cover not only courts in the strict sense of the word, that exercise judicial functions, but also other bodies or authorities which are competent under national law to take evidence in accordance with this Regulation, such as enforcement authorities or notaries in certain Member States and in specific situations. [Am. 2]

(2b)  It is essential that effective means of obtaining, preserving and presenting evidence are available, and that due regard is given to the rights of defence and the need for protection of confidential information. In this context, it is important to encourage the use of modern technology. [Am. 3]

(3)  In order to effectively ensure direct and speedy transmission of requests and communications, all appropriate means of modern communication technology should be used, and in that regard the constant development of such technology should be taken into account. Therefore, as a rule, all communication and exchanges of documents should be carried out through a decentralised IT system composed of national IT systems. [Am. 4]

(3a)   The decentralised IT system should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA so that such a system can be introduced and kept operational, as well as to provide technical support in the event of problems in the operation of the system. The Commission should submit, as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e-CODEX). [Am. 5]

(4)  In order to ensure mutual recognition of digital evidence such evidence taken in a Member State in accordance with its law should not be denied recognition as evidence in other Member States only because of its digital nature. That principle should be without prejudice to determining, in accordance with national law, the level of quality and the value of evidence, regardless of its digital or non-digital nature. [Am. 6]

(5)  Regulation (EC) No 1206/2001 should be without prejudice to the possibility for authorities to exchange information under systems established by other Union instruments, such as Council Regulation (EC) No 2201/2003(5) or Council Regulation (EC) No 4/2009(6), even where that information has evidentiary value, thus leaving the choice of the most suitable method to the requesting authority.

(5a)   The procedures for taking, preserving and presenting evidence should ensure that the procedural rights of the parties, as well as the protection, integrity and confidentiality of personal data and privacy, are protected in accordance with Union law. [Am. 7]

(6)  Modern communications technology, in particular videoconferencing which is an important and direct means to simplify and accelerate the taking of evidence, is currently not used to its full potential. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert, the court should take that evidence directly via videoconference, if or via any other appropriate distance communication technology available to the respective courts, where it deems the use of such technology appropriate unless, on account of the specific circumstances of the case, the use of such technology is deemed inappropriate for the fair conduct of the proceedings. The rules on the use of such means of communication should be technology-neutral and cater for future communication solutions. Where required by the national law of the Member State concerned, the use of such technology should be subject to the consent of the person to be heard. [Am. 8]

(7)  In order to facilitate the taking of evidence by diplomatic officers staff or consular agents, such persons may, in the territory of another Member State and within the area where they exercise their functions are accredited, take evidence at the premises of their diplomatic mission or consulate without the need for a prior request by hearing nationals of the Member State which they represent without compulsion in the context of for proceedings pending in the courts of the Member State which they represent, provided that the person to be heard voluntarily cooperates in the taking of evidence. [Am. 9]

(7a)   It is important to ensure that this Regulation is applied in compliance with Union data protection law and that it respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council(7)and Directive 2002/58/EC of the European Parliament and of the Council(8). Personal data under this Regulation should be processed only for the specific purposes set out in this Regulation. [Am. 10]

(8)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the creation of a simplified legal framework ensuring the direct, effective and speedy transmission of requests and communications concerning the performance of taking of evidence, 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 the 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 that objective. [Am. 11]

(8a)   This Regulation seeks to improve the efficacy and speed of judicial proceedings by simplifying and streamlining the mechanisms for cooperation in the taking of evidence in cross-border proceedings, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and hence the functioning of the internal market. [Am. 12]

(9)  In accordance with Article 3 and Article 4a(1) of protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and is not bound by it or subject to its application].

(10)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(11)  In order to define the detailed arrangements for the functioning of the decentralised IT system and in order to establish the minimum technical standards and requirements for the use of videoconference, 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. Such delegated acts should guarantee an effective, reliable and smooth transmission of the relevant information through the decentralised IT system, and should ensure that the videoconferencing session guarantees high quality communication and real time interaction. Furthermore, in order to update the standard forms in the Annexes or to make technical changes to those forms, 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 amendments to the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(9). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 13]

(12)  In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action.

(13)  Regulation (EC) No 1206/2001 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1206/2001 is amended as follows:

(1)  In Article 1, the following paragraph 4 is added:"

“4. In this Regulation, the term ´court´ shall mean any judicial authority in a Member State which is competent for the performance of taking of under the laws of that Member State to take evidence according to this Regulation. ”; [Am. 14]

"

(2)  Article 6 is replaced by the following:"

“Article 6

Transmission of requests and other communications

1.  Requests and communications pursuant to this Regulation shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure and enabling the safe, secure and reliable cross-border exchange of information, including in real time, between the national IT systems, with due respect for fundamental rights and freedoms. That decentralised IT system shall be based on e-CODEX. [Am. 15]

2.  The general legal framework for the use of qualified trust services set out in Council Regulation (EU) No 910/2014 of the European Parliament and of the Council (10) shall apply to the requests and communications transmitted through the decentralised IT system referred to in paragraph 1. [Am. 16]

3.  Where requests and communications referred to in paragraph 1 require or feature a seal or handwritten signature, ´qualified electronic seals´ and ´qualified electronic signatures´ as defined in Regulation (EU) No 910/2014 may be used instead, provided that it is fully ensured that the persons involved have obtained knowledge of such documents in sufficient time and in a lawful manner. [Am. 17]

3a.   The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Regulation by establishing the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 18]

4.  If transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised IT system or where such transmission is not possible in other exceptional cases, transmission shall be carried out by the swiftest possible means, which that the requested Member State has indicated it can accept to be acceptable.”; [Am. 19]

"

(3)  Article 17 is amended as follows:

(a)  paragraph 2 is deleted;

(b)  in paragraph 4, the third subparagraph is replaced by the following:"

“Where within 30 days of sending the request, the requesting court has not received information as to whether the request has been accepted, the request shall be considered to have been accepted.”;

"

(4)  the following Article 17a is inserted:"

“Article 17a

Direct taking of evidence by videoconference distance communication technology [Am. 20]

1.  Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference or via any other appropriate distance communication technology, if available to the respective courts, where it deems the use of such technology appropriate unless, on account of the specific circumstances of the case, the use of such technology is deemed inappropriate for the fair conduct of the proceedings. [Am. 21]

1a.  Where required by the national law of the requesting Member State, the use of videoconference or any other appropriate distance communication technology shall be subject to the consent of the person to be heard. [Am. 22]

2.  Where a request for direct taking of evidence via videoconference or via any other appropriate distance communication technology is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference. Those arrangements shall be in line with the minimum technical standards and requirements for the use of videoconference that are defined in accordance with paragraph 3a. [Am. 23]

2a.  Any electronic system for the taking of evidence shall ensure that professional secrecy and legal professional privilege are protected. [Am. 24]

3.  Where evidence is taken by videoconference or any other available communications technology: [Am. 25]

   (a) the central body or the competent authority referred to in Article 3(3) in the requested Member State may assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State;
   (b) if necessary, at the request of the requesting court, the person to be heard or the judge in the requested Member State participating in the hearing, the central body or the competent authority referred to in Article 3(3) shall ensure that the person to be heard or the judge are assisted by an a qualified interpreter. [Am. 26]

3a.   The Commission is empowered to adopt delegated acts in accordance with Article 20 supplementing this Regulation by establishing the minimum standards and requirements for the use of videoconference.

When exercising that power, the Commission shall ensure that the videoconferencing session guarantees high quality communication and real time interaction. The Commission shall also ensure, with regard to the transmission of the information, a high level of security and the protection of privacy and of personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 27]

3b.  The court shall notify the person to be heard, the parties, including their respective legal representatives, of the date, time and place of, and the conditions for participation in, the hearing via videoconference or via any other appropriate distance communication technology. The parties and their legal representatives shall be provided, by the relevant court, with instructions as to the procedure for presenting documents or other material during the hearing via videoconference or via any other appropriate distance communication technology.”; [Am. 28]

"

(5)  the following Article 17b is inserted:"

“Article 17b

Taking of evidence by diplomatic officers staff or consular agents [Am. 29]

Diplomatic officers staff or consular agents of a Member State may, in the territory of another Member State and within the area where they exercise their functions are accredited, take evidence at the premises of the diplomatic mission or consulate without the need for a prior request pursuant to Article 17(1), by hearing nationals of the Member State which they represent without compulsion in the context of for proceedings pending in the courts of the Member State which they represent. Such taking of evidence may only take place with the voluntary cooperation of the person to be heard. The taking of evidence shall be performed under the supervision of the requesting court, in accordance with its national law.”; [Am. 30]

"

(6)  the following Section 6 is inserted after Article 18:"

“Section 6

Mutual recognition

Article 18a

The digital nature of evidence taken in a Member State in accordance with its law shall not be denied used as a reason to deny the quality of evidence in other Member States solely due to its digital nature. The question of whether the evidence is digital or non-digital in nature shall not be a factor in determining the level of quality and the value of such evidence.”; [Am. 31]

"

(6a)  the following Section 6a is inserted after Article 18:"

“Section 6a

Processing of personal data

Article 18b

Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679. Any exchange or transmission of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council *. Personal data which are not relevant for the handling of a specific case shall be immediately deleted. [Am. 32]

____________

* Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).”;

"

(7)  in Article 19, paragraph 2 is replaced by the following:"

“2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend the Annexes to update the standard forms or to make technical changes to those forms.”;

"

(8)  Article 20 is replaced by the following:"

“Article 20

Exercise of the delegation

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 6(3a), in Article 17a(3a) and in Article 19(2) shall be conferred on the Commission for an indeterminate a period of time from five years from … [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. [Am. 33]

3.  The delegation of power referred to in Article 6(3a), Article 17a(3a) and in Article 19(2) 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. [Am. 34]

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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

6.  A delegated act adopted pursuant to Article 6(3a), Article 17a(3a) or Article 19(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two three 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.”; [Am. 35]

"

(9)  The following Article 22a is inserted:"

“Article 22a

Monitoring

1.  By … [two years one year after the date of application entry into force] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation. [Am. 36]

2.  The monitoring programme shall set out the means by which and the intervals at which the data and other necessary evidence are to be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.

3.  Member States shall provide the Commission with the data and other evidence necessary for the monitoring.”

"

(10)  Article 23 is replaced by the following:"

“Article 23

Evaluation

1.  No sooner later than … [five four years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee, accompanied, where appropriate, by a legislative proposal. [Am. 37]

2.  Member States shall provide the Commission with the information necessary for the preparation of that report.”.

"

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from […].

However, point 2 of Article 1 shall apply from … [24 months after the entry into force].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

(1) OJ C 62, 15.2.2019, p. 56.
(2)OJ C 62, 15.2.2019, p. 56.
(3)Position of the European Parliament of 13 February 2019.
(4)Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).
(5)Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
(6)Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).
(7) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(8) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
(9) OJ L 123, 12.5.2016, p. 1.
(10)Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).


Service in the Member States of judicial and extrajudicial documents in civil or commercial matters ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (COM(2018)0379 – C8-0243/2018 – 2018/0204(COD))
P8_TA(2019)0104A8-0001/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0379),

–  having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0243/2018);

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

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2018(1)

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

–  having regard to the report of the Committee on Legal Affairs (A8-0001/2019),

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

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

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

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)

P8_TC1-COD(2018)0204


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  In the interests of the proper functioning of the internal market and the development of an area of civil justice in the Union, it is necessary to further improve and expedite the transmission and service between the Member States of judicial and extrajudicial documents in civil and commercial matters, while ensuring a high level of security and protection in the transmission of such documents, safeguarding the rights of the addressee and the protection of privacy and personal data. [Am. 1]

(2)  Regulation (EC) No 1393/2007 of the European Parliament and of the Council(4) lays down rules on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

(3)  The increasing judicial integration of Member States, where the abolition of exequatur (intermediate procedure) has become a general rule, has brought to light the limits of the rules in Regulation (EC) No 1393/2007.

(4)  In order to ensure effectively the speedy transmission of documents to other Member States for the purposes of service there, all appropriate means of modern communication technology should be used, provided that certain conditions as to the integrity and reliability of the document received are observed and that respect for procedural rights, a high level of security in the transmission of such documents and the protection of privacy and personal data are ensured. For that purpose, all communication and exchanges of documents between the agencies and bodies designated by the Member States should be carried out through a decentralised IT system composed of national IT systems. [Am. 2]

(4a)  The decentralised IT system to be established pursuant to Regulation (EC) No 1393/2007 should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA for such a system to be introduced and kept operational, as well as to provide technical support to transmitting and receiving agencies and central bodies in the event of problems in the operation of the system. The Commission should submit as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e-CODEX). [Am. 3]

(4b)  Where a document instituting the proceedings has already been served upon the defendant and the defendant has not refused to accept such document, the law of the forum Member State should offer parties who are domiciled in another Member State the possibility of appointing a representative for the purpose of service of documents on them in the forum Member State, provided that the party concerned has been duly informed about the consequences of that choice and has explicitly accepted such option. [Am. 4]

(5)  The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee in good time in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal or courier services and direct service. It should be possible to remedy the service of the refused document by serving a an official translation of the document on the addressee. [Am. 5]

(6)  If the addressee has refused to accept the document, the court or authority seized with the legal proceedings in course of which the service became necessary, should verify whether that refusal was justified. For that purpose, that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee. When assessing the language skills of the addressee, the court could take into account factual elements such as documents written by the addressee in the language concerned, whether the addressee’s profession involves such language skills (for example, teacher or interpreter), whether the addressee is a citizen of the Member State where the judicial proceedings take place, or whether the addressee previously resided in that Member State for some an extended period of time. Such an assessment should not take place, if the document was drawn up or translated into the official language or one of the official languages of the place of service. [Am. 6]

(7)  Efficiency and speed in cross-border judicial proceedings requires direct, expedited and secure channels for serving documents on persons in other Member States. Consequently, it should be possible for a person interested in a judicial proceeding or a court or authority seized with a legal proceeding to effect service of documents directly through electronic means to the digital user account of an addressee who is domiciled in another Member State. The conditions for the use of Such type of direct electronic service should ensure that electronic user accounts are used for the purpose of service of documents, however, be permitted only if there are appropriate safeguards for the protection of the interests of the addressees, either by way of including high technical standards or in form of and an explicit consent given by the addressee. Where documents are served or transmitted electronically, the possibility should be available to provide an acknowledgement of receipt of such documents. [Am. 7]

(8)  Given the need to improve the framework provisions for judicial cooperation in the Union and update public legal administrative procedures in order to increase cross-border interoperability and facilitate interaction with citizens, the already existing direct channels for transmission and service of documents should be improved so that they provide rapid, reliable, more secure and generally accessible alternatives to the traditional transmission via the receiving agencies. For this purpose, postal service providers should use a specific acknowledgement of receipt when performing service by post under Article 14 of Regulation (EC) No 1393/2007. Similarly, it should be possible for any person interested in a judicial proceeding and for courts or authorities seized with a legal proceeding to effect service of documents in the territory of all Member States directly through the judicial officers, officials or other competent persons of the Member State addressed. [Am. 8]

(8a)  Where the defendant has not appeared and no certificate of service or delivery has been received, the judge should still be able to give judgement, subject to certain limitations and provided that various requirements for the safeguard of the interests of the defendant have been complied with. In those cases, it is essential to ensure that all reasonable efforts are made to inform the defendant that court proceedings have been initiated against her or him. For that purpose, the court should send alert messages through all available known channels of communication which are likely to be accessible in a manner that is exclusive to the addressee, including, for example, by means of that person’s telephone number, e-mail address or private social media account. [Am. 9]

(9)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect of the rights of defence of the addressees, which derive from the right to a fair trial, enshrined in Article 47 of the Charter of Fundamental Rights. Similarly, by guaranteeing equal access to justice, the Regulation serves to promote non-discrimination (Article 18 TFEU), and respects existing Union rules on the protection of personal data and privacy. [Am. 10]

(9a)  It is important to ensure that this Regulation is applied in compliance with Union data protection law and respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC. Personal data provided under this Regulation should be processed only for the specific purposes set out in this Regulation. [Am. 11]

(10)  In order to enable a swift adaptation of the Annexes to Regulation (EC) No 1393/2007 In order to define the detailed arrangements for the functioning of the decentralised IT system for communication and exchange of documents between the agencies and bodies designated by the Member States, and in order to determine the detailed arrangements for the functioning of the qualified electronic registered delivery services which will be used for the purpose of service of documents through electronic means, 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 amendments to Annexes I, II and IV to that Regulation. Such delegated acts should guarantee effective, reliable and smooth transmission of the relevant data, as well as a high level of security in the transmission, the protection of privacy and personal data and, with regard to electronic service of documents, equal access for person with disabilities. Furthermore, in order to enable a swift adaptation of the Annexes to Regulation (EC) No 1393/2007, 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 amendments to Annexes I, II and IV to that Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(5). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 12]

(11)  In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action.

(12)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the creation of a legal framework ensuring the expedite and efficient transmission and service of judicial and extrajudicial documents across the Member States, 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 that objective.

(12a)   This Regulation seeks to improve the effectiveness and speed of judicial procedures by simplifying and streamlining procedures for the notification or communication of judicial and extrajudicial documents at Union level, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and hence the functioning of the internal market. [Am. 13]

(13)  In accordance with Article 3 and Article 4a(1) of protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and is not bound by it or subject to its application].

(14)  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(15)  Regulation (EC) No 1393/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1393/2007 is amended as follows:

(1)  Article 1 is replaced by the following:"

"Article 1

Scope and definitions

1.  This Regulation shall apply in civil and commercial matters to the service of:

   (a) judicial documents on persons domiciled in a Member State other than the one where the judicial proceedings take place ;
   (b) extrajudicial documents that have to be transmitted from one Member State to another.

It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for actions or omissions in the exercise of state authority (acta iure imperii).

2.  With the exception of Article 3c, this Regulation shall not apply where the address of the person to be served with the document is not known.

3.  This Regulation shall not apply to service of a document on the party’s authorised representative in the Member State where the proceedings are taking place regardless of the place of residence of that party. [Am. 14]

4.  For the purposes of this Regulation, the following definitions shall apply:

   (a) ‘Member State’ means the Member States with the exception of Denmark;
   (b) ‘the forum Member State’ means the Member State where the judicial proceedings take place.";

"

(2)  in Article 2 (4), point (c) is replaced by the following:"

"(c) the means of receipt of documents available to them for the cases set out in Article 3a(6)(4);"; [Am. 15]

"

(3)  the following Articles 3a, 3b and 3c are inserted:"

"Article 3a

Means of communication to be used by transmitting and receiving agencies, and central bodies

1.  The transmission of documents, requests, including the requests drawn up using the standard forms in Annex I, confirmations, receipts, certificates and any other communication carried out on the basis of the standard forms in Annex I between the transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of the different Member States shall be transmitted carried out through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure, and reliable and in real time cross-border exchange of information between the national IT systems. Such decentralised IT system shall be based on e-CODEX and it shall be supported by Union funding. [Am. 16]

2.  The general legal framework for the use of qualified trust services set out in Council Regulation (EU) No 910/2014* shall apply to the documents, requests, confirmations, receipts, certificates and any communication transmitted through the decentralised IT system referred to in paragraph 1. [Am. 17]

3.  Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature, the appropriate ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead, provided that it is fully ensured that the person on whom the aforementioned documents are served has obtained knowledge of the documents in sufficient time and in a lawful manner. [Am. 18]

4.  If transmission in accordance with paragraph 1 is not possible due to an unforeseen and unforeseen circumstances or an exceptional disruption of the decentralised IT system, transmission shall be carried out by the swiftest possible alternative means, guaranteeing the same high level of efficiency, reliability, security and protection of privacy and personal data. [Am. 19]

4a.  The fundamental rights and freedoms of all persons involved, and in particular the right to the protection of personal data and privacy, shall be fully observed and respected. [Am. 20]

4b.  The Commission is empowered to adopt delegated acts in accordance with Article 18 in order to supplement this Regulation by establishing the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 21]

Article 3b

Costs of establishing the decentralised IT system

1.  Each Member State shall bear the costs of the installation, operation and maintenance of its communication infrastructure access points interconnecting the national IT systems in the context of the decentralised IT system referred to in Article 3a.

2.  Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the communication infrastructure, as well as the costs of administering, operating and maintaining those systems.

3.  Paragraphs 1 and 2 shall be without prejudice to the possibility to apply for grants to support activities referred to in those paragraphs under the Union’s financial programmes.

Article 3c

Assistance in address enquiries

1.  Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, Member States shall provide assistance, without undue delay and in any case within 10 working days, by one or more of the following means: [Am. 22]

   (a) judicial assistance to determine the address of the person to be served by designated authorities upon the request of the court of the Member State seized with a proceeding;
   (b) the possibility for persons from other Member States to submit requests for information on addresses directly to domicile registers or other publicly accessible databases including electronically, by means of a standard form via the European e-justice Portal;
   (c) detailed practical guidance, which is accessible online, on the mechanisms available for the determination of the addresses of persons within the framework of the European Judicial Network in civil and commercial matters and with a view to making the information available to the public. [Am. 23]

2.  Each Member State shall provide the Commission with the following information:

   (a) the method methods of assistance which the Member State will provide in its territory pursuant to paragraph 1; [Am. 24]
   (b) where applicable, the names and addresses of the authorities referred to in paragraph (1) (a) and (b);

Member States shall notify the Commission of any subsequent modification of that information.

—————————————

* Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).";

"

(4)  Article 4 is replaced by the following:"

"Article 4

Transmission of documents

1.  Judicial documents shall be transmitted directly and as soon as possible between the agencies designated pursuant to Article 2.

2.  The document to be transmitted shall be accompanied by a request drawn up using the standard form set out in Annex I. The form shall be completed in the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected, or in another language which that Member State has indicated it can accept. Each Member State shall indicate the official language or languages of the Union other than its own which is or are acceptable to it for completion of the form.

3.  This Regulation shall be without prejudice to any requirements under national law, relating to the accuracy, authenticity and due legal form of documents. The documents that are transmitted through the decentralised IT system referred to in Article 3a shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that they are in an electronic form. If a paper documents are document is transformed into electronic form for the purpose of transmission through the decentralised IT system, the electronic copies copy or their printouts its printout shall have the same effect as the original documents document, unless the national law of the Member State addressed requires such document to be served in original and paper version. In that case, the receiving agency shall issue a paper version of the document received in electronic form. Where the original documents featured a seal or handwritten signature, the issued document shall feature a seal or handwritten signature. The document issued by the receiving agency shall have the same effect as the original document."; [Am. 25]

"

(5)  Article 6 is replaced by the following:"

"Article 6

Receipt of documents by receiving agency

1.  On receipt of a document, an automatic receipt of delivery shall be sent immediately to the transmitting agency via the decentralised IT system referred to in Article 3a. [Am. 26]

2.  Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact immediately and in any event within four working days the transmitting agency in order to secure the missing information or documents. [Am. 27]

3.  If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned, on receipt, to the transmitting agency, immediately and in any event within four working days, together with the notice of return using the standard form set out in Annex I. [Am. 28]

4.  A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it, as well as the request, immediately and in any event within four working days through the decentralised IT system referred to in Article 3a to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(2) and shall at the same time inform the transmitting agency accordingly using the standard form set out in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same Member State, an automatic receipt of delivery is sent immediately to the transmitting agency, via the decentralised IT system referred to in Article 3a. [Am. 29]

4a.  Paragraphs 1 to 4 shall apply mutatis mutandis to situations referred to in paragraph 4 of Article 3a. However, in those cases, the deadlines defined in paragraphs 1 to 4 of this Article shall not apply, but the relevant operations shall be carried out as soon as possible.”; [Am. 30]

"

(6)  The following Article 7a is inserted:"

"Article 7a

Obligation to appoint Appointment of a representative for the purpose of service in the forum Member State [Am. 31]

1.  Where a document instituting the proceedings has already been served upon the defendant and the defendant has not refused to accept such document in accordance with Article 8, the law of the forum Member State may impose an obligation upon shall offer to parties who are domiciled in another Member State to appoint the option of appointing a representative for the purpose of service of documents on them in the forum Member State. If the party concerned has been duly informed of the consequences of choosing to avail of this option and has expressly chosen it, the service of documents shall be effected on the party’s authorised representative in the forum Member State, in accordance with the laws and practices of that Member State for the proceedings. [Am. 32]

2.  Where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic user account address for service in accordance with point (b) of Article 15a, any method of service permitted under the law of the forum Member State may be used for service of documents during the proceedings, provided that the party concerned has been duly informed about this consequence by the time the document instituting the proceedings was served."; [Am. 33]

"

(7)  Article 8 is replaced by the following:"

"Article 8

Refusal to accept a document

1.  The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he or she may refuse to accept the document to be served if it is not written in, or accompanied by a an official translation into, either of the following languages:

   (a) a language which the addressee understands;.

or

   (b) the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected. [Am. 34]

2.  The addressee may, based on reasonable grounds, refuse to accept the document at the time of service or within two weeks by returning the standard form set out in Annex II to the receiving agency. [Am. 35]

3.  Where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraphs 1 and 2, it shall immediately inform the transmitting agency by means of the certificate provided for in Article 10 and return the request and the document in respect of which a translation is requested. [Am. 36]

4.  If the addressee has refused to accept the document in accordance with paragraphs 1 and 2, the court or authority seized with the legal proceedings, in the course of which service was carried out, shall verify, at the earliest possible opportunity, whether the refusal was well founded. [Am. 37]

5.  The service of the document may be remedied through the service on the addressee, in accordance with the provisions of this Regulation of the document accompanied by a an official translation into a language provided for in paragraph 1. In that case, the date of service of the document shall be the date on which the document accompanied by the an official translation is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State, a document has to be served within a particular period, the date to be taken into account with respect to the applicant shall be the date of the service of the initial document determined pursuant to Article 9(2). [Am. 38]

6.  Paragraphs 1 to 5 shall apply to the other means of transmission and service of judicial documents provided for in Section 2.

7.  For the purposes of paragraph 1, the diplomatic or consular agents, where service is effected in accordance with Article 13, or the authority or person, where service is effected in accordance with Article 14 or 15a, shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent immediately to those agents or to that authority or person respectively."; [Am. 39]

"

(8)  in Article 10, paragraph 1 is replaced by the following:"

"1. When the formalities concerning the service of the document have been completed, a certificate of completion of those formalities shall be drawn up in the standard form set out in Annex I and addressed to the transmitting agency.";

"

(9)  Articles 14 and 15 are replaced by the following:"

"Article 14

Service by postal or courier services [Am. 40]

1.  Service of judicial documents may be effected directly by postal or courier services on persons domiciled in another Member State by registered letter or bundle with acknowledgement of receipt. [Am. 41]

2.  For the purpose of this Article, service by post or courier shall be carried out by using the specific acknowledgement of receipt set out in Annex IV. [Am. 42]

3.  Irrespective of the law of the Member State of origin, service by post or courier shall be considered as validly effected also, if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee, and who have the ability and are willing to accept the document. [Am. 43]

Article 15

Direct service

1.  Service of judicial documents may be effected on persons domiciled in another Member State directly through the judicial officers, officials or other competent persons of the Member State addressed.

2.  Each Member State shall provide the Commission with the information on the type of professions or competent persons who are permitted to carry out service under this Article in their territory. That information shall be accessible online."; [Am. 44]

"

(10)  The following Article 15a is inserted:"

"Article 15a

Electronic service

1.  Service of judicial documents may be effected directly on persons domiciled in another Member State through electronic means to user accounts electronic addresses accessible to the addressee, provided that one both of the following conditions is are fulfilled: [Am. 45]

   (a) the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of the Council, and [Am. 46]
   (b) after the commencement of legal proceedings, the addressee gave express consent to the court or authority seized with the proceedings to use that particular user account electronic address for purposes of serving documents in course of the legal proceedings. [Am. 47]

1a.  The Commission is empowered to adopt delegated acts in accordance with Article 18 in order to supplement this Regulation by establishing the detailed arrangements for the functioning of the qualified electronic registered delivery services which are to be used for the purpose of service of judicial documents by electronic means. When exercising that power, the Commission shall ensure that such services guarantee an effective, reliable and smooth transmission of the relevant documents, as well as a high level of security in the transmission, equal access for persons with disabilities and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC.”; [Am. 48]

"

(11)  Articles 17 and 18 are replaced by the following:"

"Article 17

Amendment of the Annexes

The Commission is empowered to adopt delegated acts in accordance with Article 18 to amend Annexes I, II and IV to update the standard forms or to make technical changes to those forms.

Article 18

Exercise of the delegation

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 3a, in Article 15a and in Article 17 shall be conferred on the Commission for an indeterminate a period of time five years from … [the date of entry into force of this Regulation]. [Am. 49]

3.  The delegation of power referred to in Article 17 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.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*.

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

6.  A delegated act adopted pursuant to Article 3a, Article 15a or Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two three 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. [Am. 50]

———————————————

* OJ L 123, 12.5.2016, p. 1.”;

"

(12)  the following Articles 18a and 18b are inserted:"

"Article 18a

Establishment of the decentralised IT system

The Commission shall adopt implementing acts establishing the decentralised IT system as referred to in Article 3a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18b (2). [Am. 51]

Article 18b

Committee procedure

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

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."; [Am. 52]

"

(13)  Article 19 is replaced by the following:"

"Article 19

Defendant not entering an appearance

1.  Where a document instituting the proceedings has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that the service or the delivery was effected in sufficient time and in a lawful manner to enable the defendant to defend and that: [Am. 53]

   (a) the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or
   (b) the document was actually delivered to the defendant or to his residence by another method provided for by this Regulation;

2.  Notwithstanding the provisions of paragraph 1, the judge may give judgment even if no certificate of service or delivery has been received, where all the following conditions are fulfilled:

   (a) the document was transmitted by one of the methods provided for in this Regulation;
   (b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; [Am. 54]
   (c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities o