32 Amendments of Norbert ERDŐS related to 2018/0196(COD)
Amendment 32 #
Proposal for a regulation
Title 0
Title 0
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
Amendment 38 #
Proposal for a regulation
Recital 2
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.
Amendment 43 #
Proposal for a regulation
Recital 6
Recital 6
(6) 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.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
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');
Amendment 141 #
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the biannual 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;
Amendment 142 #
Proposal for a regulation
Article 36 – title
Article 36 – title
36 ABiannual performance review
Amendment 143 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
An biannual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme.
Amendment 144 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
The biannual review meeting shall be chaired by the Commission or, if the Member State so requests, co-chaired by the Member State and the Commission.
Amendment 145 #
For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State shall no later than one month before the biannual review meeting provide the Commission with the information on the elements listed in Article 35(1).
Amendment 146 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The outcome of the biannual review meeting shall be recorded in agreed minutes.
Amendment 148 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. For programmes supported by the EMFF, the AMF, the ISF and the BMVI, the Member State shall submit an biannual performance report in accordance with the Fund-specific Regulations.
Amendment 163 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point a
Article 64 – paragraph 4 – subparagraph 1 – point a
(a) the Commission shall give at least 120 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 164 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point c
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 32 months after the last day of the audit, to the competent Member State authority.
Amendment 165 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point d
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 32 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
Amendment 166 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 2
Article 64 – paragraph 4 – subparagraph 2
The Commission may extend the time limits referred in points (c) and (d) by an additional threewo months.
Amendment 167 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The Member State may identify a certifying authority. The Member State may, at its own initiative, designate a coordinating body whose responsibility shall be to liaise with and provide information to the Commission, to coordinate activities of the other relevant bodies and to promote the harmonized application of the applicable law.
Amendment 168 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The Member State may entrust the accounting function referred to in Article 70 to the managing authority, to the certifying authority or to another body.
Amendment 169 #
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the electronic data to be recorded and stored referred to in point (e) of paragraph 1. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 109(2).
Amendment 170 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
Amendment 171 #
Proposal for a regulation
Article 67 – paragraph 3 – point i
Article 67 – paragraph 3 – point i
Amendment 172 #
Proposal for a regulation
Article 67 – paragraph 5 – subparagraph 1 a (new)
Article 67 – paragraph 5 – subparagraph 1 a (new)
Member States shall draw up and adopt rules of procedure for providing such support in accordance with the institutional, legal and financial framework of the Member State concerned.
Amendment 173 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – point g
Article 68 – paragraph 1 – subparagraph 1 – point g
Amendment 174 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Management verifications referred to in point (a) of paragraph 1 shallmay be risk-based and proportionate to the risks identified as defined in a risk management strategy.
Amendment 175 #
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
(ca) certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts complies with applicable law and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme and complying with applicable law;
Amendment 176 #
Proposal for a regulation
Article 70 – paragraph 1 – point c b (new)
Article 70 – paragraph 1 – point c b (new)
Amendment 177 #
Proposal for a regulation
Article 70 – paragraph 1 – point c c (new)
Article 70 – paragraph 1 – point c c (new)
(cc) taking account when drawing up and submitting payment applications of the results of all audits carried out by, or under the responsibility of, the audit authority;
Amendment 178 #
Proposal for a regulation
Article 70 – paragraph 1 – point c d (new)
Article 70 – paragraph 1 – point c d (new)
(cd) maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries;
Amendment 179 #
Proposal for a regulation
Article 71 – paragraph 4 – subparagraph 1
Article 71 – paragraph 4 – subparagraph 1
Where programmes are grouped for the purpose of audits of operations pursuant to Article 73(2), the information required under paragraph (3)(b) may beis grouped in a single report.
Amendment 180 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. For programmes for which the Commission concludes that the opinion of the audit authority is reliable and the Member State concerned participates in the enhanced cooperation on the European Public Prosecutor's Office, the Commission's own audits shall be limited to auditing the work of the audit authority.
Amendment 181 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 182 #
Proposal for a regulation
Article 74 – paragraph 5 – point a
Article 74 – paragraph 5 – point a
(a) there is a specific risk of irregularity or an indication of fraud;
Amendment 183 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
The Member State may apply the enhanced proportionate arrangements set out in Article 77 at any time during the programming period, where the Commission has confirmed in its published annual activity reports for the last two years preceding the Member State's decision to apply the provisions of this Article, that the programme's management and control system is functioning effectively and that the total error rate for each year is below 2 %. When assessing the effective functioning of the programme's management and control system, the Commission shall take into account the participation of the Member State concerned in the enhanced cooperation on the European Public Prosecutor's Office.