BETA

34 Amendments of Andrey NOVAKOV related to 2016/0282(COD)

Amendment 29 #
Proposal for a regulation
Recital 13
(13) Union legislation should be of high quality, focus on areas where it produces greatest added value for European citizens, businesses and beneficiaries of EU investment, and is as effective and efficient as possible in delivering the common policy objectives of the Union16 . Subjecting existing and new spending programmes and activities entailing significant spending to evaluation can help achieve these objectives. __________________ 16 OJ L 123, 12 May 2016, p.1. – Interinstitutional agreement on Better Law- Making.
2017/03/13
Committee: REGI
Amendment 32 #
Proposal for a regulation
Recital 24
(24) In the interest of increased readability and transparency of data on financial instruments implemented under direct and indirect implementation, it is appropriate to merge all reporting requirements in one single working document attached to the draft budget, to be used for a separate performance evaluation and assessment of the contribution to EU Cohesion Policy.
2017/03/13
Committee: REGI
Amendment 34 #
Proposal for a regulation
Recital 59
(59) It is also important to avoid that recipients of EU funds are audited several times by different national and EU entities on the use of these funds. It is therefore necessary to foresee the possibility to rely on audits already carried out by independent auditors provided that they are based on internationally accepted standards, that they provide reasonable assurance, and that they have been conducted on the financial statements and reports setting out the use of the Union contribution. Such audits should then form the basis of the overall assurance on the use of EU funds.
2017/03/13
Committee: REGI
Amendment 37 #
Proposal for a regulation
Recital 60
(60) It is important to allow Member States to request that resources allocated to them under shared implementation are transferred at Union level and implemented by the Commission in direct or indirect implementation, where possible for the benefit of the Member State concerned. This would optimise the use of these resources and of the instruments established under this Regulation or under sector specific Regulations including the EFSI Regulation, to which the Member States would request these resources to be transferred. In order to guarantee an efficient implementation of these instruments, it is necessary to foresee that where resources are transferred to instruments established under this Regulation or under sector specific Regulations including the EFSI Regulation, the rules of those regulations shall apply.deleted
2017/03/13
Committee: REGI
Amendment 40 #
Proposal for a regulation
Recital 88
(88) Progress towards the electronic exchange of information and electronic submission of documents, including e- procurement, which constitute a major simplification measure, should be accompanied by clear conditions for the acceptance of the systems to be used, so as to establish a legally sound environment while preserving flexibility in the management of Union funds for the participants, recipients and the authorising offices as provided for in this Regulation.
2017/03/13
Committee: REGI
Amendment 41 #
Proposal for a regulation
Recital 108
(108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way, while alleviating administrative burden on recipients of EU funding and on managing authorities. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators.
2017/03/13
Committee: REGI
Amendment 42 #
Proposal for a regulation
Recital 125
(125) In order to simplify procedures and improve the readability of this Regulation provisions related to the content of the grant application, of the call for proposals and of the grant agreement should be simplified and streamlined, especially in view of encouraging public private partnerships and achieving synergy through combinations with other sources of EU funding and private investment.
2017/03/13
Committee: REGI
Amendment 44 #
Proposal for a regulation
Recital 137
(137) Financial instruments can be valuable in multiplying the effect of Union funds when those funds are pooledcomplement grants and are in synergy with other funds and include a leverage effect. Financial instruments should only be implemented if there is no risk of substituting existing public or private financing, market distortion or inconsistency with state aid rules.
2017/03/13
Committee: REGI
Amendment 46 #
Proposal for a regulation
Recital 138
(138) Within the framework of the annual appropriations authorised by the European Parliament and the Council for a given programme, financial instruments should be used on the basis of an ex ante evaluation demonstrating that they are effective for the achievement of the Union’s policy objectives, including the achievement of the 11 thematic objectives of EU’s Cohesion Policy.
2017/03/13
Committee: REGI
Amendment 67 #
Proposal for a regulation
Recital 178
(178) In view of optimising the use of the financial resources allocated to Member States under Cohesion policy, it is necessary to allow Member States to transfer ESI Funds allocation to instruments established under the Financial Regulation or under sector specific Regulations.deleted
2017/03/13
Committee: REGI
Amendment 72 #
Proposal for a regulation
Recital 184
(184) In adopting Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal – the European Fund for Strategic Investments (EFSI) – it was desired to enable Member States to use ESI Funds to contribute to the financing of eligible projects that arin which the EIB itself, or through the EIF, is investing with the supported by of the EU guarantee covered by, provided that those projects comply with the eligibility criteria and the objectives and principles under the legal framework of the relevant instruments and of the EFSI. A specific provision should be introduced to set out the terms and conditions to allow for better interaction and complementarity that will facilitate the possibility to combine ESI funds with EIB financial products under the EFSI’s Union Guarantee.
2017/03/13
Committee: REGI
Amendment 74 #
Proposal for a regulation
Recital 188
(188) In order to incentivise private investors to co-invest in public policy projects, the concept of differentiated treatment of investors, which allows under specific conditions that ESI Funds can take a subordinated position to a private investor and EIB financial products under the EFSI’s EU Guarantee, should be introduced. At the same time, the conditions for application of such a differentiated treatment when implementing ESI funds should be laid down.
2017/03/13
Committee: REGI
Amendment 88 #
Proposal for a regulation
Article 31 – paragraph 2 – point b
(b) progress in the achievement of objectives shall be monitored with performance indicators, specifically focused on ex-post impact, outcomes and EU added value;
2017/03/13
Committee: REGI
Amendment 97 #
Proposal for a regulation
Article 125
Transfer of resources to instruments established under this Regulation or Resources allocated to Member States under shared implementation may, at their request, be transferred to instruments established under this Regulation or under sector specific Regulations. The Commission shall implement these resources in accordance with point (a) or (c) of Article 61(1), where possible for the benefit of the Member State concerned. In addition resources allocated to Member States under shared implementation may at their request be used to enhance the risk- bearing capacity of the EFSI. In such cases, EFSI rules shall apply.Article 125 deleted sector specific Regulations
2017/03/13
Committee: REGI
Amendment 105 #
Proposal for a regulation
Article 208 – paragraph 3
3. The Commission shall ensure a harmonised and simplified management of financial instruments in particular in the area of accounting, reporting, monitoring and financial risk management.
2017/03/13
Committee: REGI
Amendment 127 #
Proposal for a regulation
Article 265 – paragraph 1 – point 6
6. The following Article 30a is inserted: [...]deleted
2017/03/13
Committee: REGI
Amendment 156 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point ii
“When implementing the financial instrument, the bodies referred to in points (a)to (d) of the first subparagraph shall ensure compliancecomply with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria, as set out in EU legislation including Commission recommendations and communications or or any formal notice by the latter. They shall not be established and, in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co-operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements.”
2017/03/13
Committee: REGI
Amendment 161 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 1
1. Member States may use ESI Funds to provide a contribution to financial instruments referred to in point (c) of Article 38(1) provided it has the aim to attract additional private sector investment and continues to contribute to ESI Funds objectives and the Union strategy for smart, sustainable and inclusive growth.
2017/03/13
Committee: REGI
Amendment 164 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 1 a (new)
1a. When a Member State decides to provide such a contribution to financial instruments, the leverage and profitable effects of the financial instrument shall be in the territory of the respective Member State and its regions;
2017/03/13
Committee: REGI
Amendment 168 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 2
2. The contribution referred to in paragraph 1 shall not exceed 215 % of the total support provided to final recipients. In the less developed regions referred to in point (b) of Article 120(3), the financial contribution may exceed 215% where duly justified by the ex-ante assessment, but shall not exceed 530%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi-equity investments provided to final recipients. The guaranteed loans referred to in this paragraph shall only be taken into account to the extent that ESI Funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans.
2017/03/13
Committee: REGI
Amendment 174 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 6
6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 of this article shall ensure compliancecomply with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in EU legislation including Commission recommendations and communications or any formal notice by the latter. They shall not be established and, in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co- operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements.
2017/03/13
Committee: REGI
Amendment 181 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 12
12. In case of financial instruments referred to in point (c) of Article 38(1) which take the form of a guarantee instrument, Member States may decide that ESI Funds may contribute to junior and/or mezzanine tranches of portfolios of loans covered also under the EFSI’s Union guarantee. Leverage and returns resulting from such contributions shall be used in accordance with the objectives of the respective ESI Funds to support actions and final recipients consistent with the programme(s) from which such contributions are made.
2017/03/13
Committee: REGI
Amendment 182 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 13
13. For the ERDF, the ESF, the Cohesion Fund and the EMFF, a separate priority, and for the EAFRD, a separate type of operation, with a co-financing rate according to the determination of co- financing rates in article 120(3) with a drop down of up to 1005% may be established within a programme to support operations implemented through financial instruments referred to in point (c) of Article 38(1).
2017/03/13
Committee: REGI
Amendment 183 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 14
14. Notwithstanding Articles 70 and 93(1), contributions pursuant to paragraph 1 of this Article may be used for the purpose of giving rise to new debt and equity finance. Leverage and profitable effects thereof shall be in the entire territory of the respective Member State without regard to the categories of region, unless otherwise provided for in the funding agreementand its regions.
2017/03/13
Committee: REGI
Amendment 205 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 1
1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from the ESI Funds, may be used for differentiated treatment of private investors, as well as the EIB when using the EU guarantee pursuant to Regulation (EU) 2015/1017. Such differentiated treatment shall be justified by the need to attract private counterpart resources.
2017/03/13
Committee: REGI
Amendment 214 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 3
3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate private investors and the EIB when using the EU guarantee according to Regulation (EU) 2015/1017. The alignment of interest shall be ensured through an appropriate sharing of risk and profit.
2017/03/13
Committee: REGI
Amendment 224 #
Proposal for a regulation
Article 265 – paragraph 1 – point 22 – point a a (new)
Regulation (EU) No 1303/2013
Article 58 – paragraph 1 – point f
(aa) point f is replaced by the following: (f) actions to disseminate information, support networking, carry out communication activities on the results and successes achieved with support of ESI Funds, raise awareness and promote cooperation and exchange of experience, including with third countries;
2017/03/13
Committee: REGI
Amendment 225 #
Proposal for a regulation
Article 265 – paragraph 1 – point 23 – point a a (new)
Regulation (EU) No 1303/2013
Article 59 – paragraph 1 b (new)
(aa) The following paragraph 1b is added: “1b. 0.25% of the money available for technical assistance shall be used to carry out communication activities to raise awareness and to inform citizens about the results and successes of projects supported by ESI Funds; such communication activities shall continue until 4 years after closure of the project when results of a project are clearly visible.”
2017/03/13
Committee: REGI
Amendment 256 #
Proposal for a regulation
Article 265 – paragraph 1 – point 40 – point e a (new)
Regulation (EU) No 1303/2013
Article 106 – subparagraph 1 – point 8 – point ca
(ea) the following point is added: (ca) the arrangements ensuring the dissemination of information and communication in relation to the joint action plan and to the Funds;
2017/03/13
Committee: REGI
Amendment 259 #
Proposal for a regulation
Article 265 – paragraph 1 – point 47 – point a
Regulation (EU) No 1303/2013
Article 119 – paragraph 1 –subparagraph 1
The amount of the Funds allocated to technical assistance shall be limited to 4 % of the total amount of the Funds allocated to operational programmes at the time of the adoption of the operational programmes in a Member State of the Investment for jobs and growth goal. 0.25% thereof shall be used for information and communication activities as defined in article 59;
2017/03/13
Committee: REGI
Amendment 267 #
Proposal for a regulation
Article 265 – paragraph 1 – point 60
Regulation (EU) No 1303/2013
Article 152 – paragraph 3a
“Where a call for proposal is launched prior to the entry into force of Regulation XXX/YYY amending the present Regulation the managing authority (or monitoring committee for the programmes under the European territorial cooperation goal) may decide not to apply the obligation set out in Article 67(2a) for a maximum of 612 months starting from the date of entry into force of Regulation XXX/YYY. Where the document setting out the conditions for support is provided to the beneficiary within a period of 6 12 months starting from the date of entry into force of Regulation XXX/YYY the managing authority may decide not to apply those amended provisions.”
2017/03/13
Committee: REGI
Amendment 272 #
Proposal for a regulation
Article 265 – paragraph 1 – point 61 a (new)
Regulation (EU) No 1303/2013
Annexe XII – subsection 2.2 – point 4
61a. In subsection 2.2 point 4 is replaced by the following: “4. During implementation of an ERDF or Cohesion Fund operation, the beneficiary shall put up, at a location readily visible to the public, a temporary billboard of a significant size for each operation consisting of the financing of infrastructure or construction operations for which the total public support to the operation exceeds EUR 500 000.;”
2017/03/13
Committee: REGI
Amendment 273 #
Proposal for a regulation
Article 265 – paragraph 1 – point 61 b (new)
Regulation (EU) No 1303/2013
Annexe XII – subsection 2.2 – point 5 – introductory part
61b. In subsection 2.2. point 5 the introductory part is replaced by the following: “5. No later than three months after completion of an operation, the beneficiary shall put up a permanent plaque or billboard of significant size at a location readily visible to the public ofor each operation that fulfils the following criteriaon:
2017/03/13
Committee: REGI
Amendment 274 #
Proposal for a regulation
Article 265 – paragraph 1 – point 61 b (new)
Regulation (EU) No 1303/2013
Annexe XII – subsection 2.2 – point 5 – point a
(a) operation exceeds EUR 500 000;61b. In subsection 2.2. point 5, point a is deleted: the total public support to the
2017/03/13
Committee: REGI