114 Amendments of Dominique BILDE related to 2018/0199(COD)
Amendment 24 #
Proposal for a regulation
Recital 7
Recital 7
(7) Based on the experience with cross- border and transnational cooperation during the programming period 2014-2020 in outermost regions, where the combination of both components within a single programme per cooperation area has not brought about sufficient simplification for programme authorities and beneficiaries, a specific outermost regions’ component should be established in order to enable outermost regions to cooperate with their neighbouring countries and territori Member States in the most effective and simple way.
Amendment 26 #
Proposal for a regulation
Recital 8
Recital 8
(8) Based on the experience with the interregional cooperation programmes under Interreg and the lack of such cooperation within programmes under the Investment for jobs and growth goal during the programming period 2014-2020, the interregional cooperation component should focus more specifically on boosting the effectiveness of cohesion policy. That component should therefore be limited to two programmes, one to enable all kind of experience, innovative approaches and capacity building for programmes under both goals and to promote European groupings of territorial cooperation ('EGTCs') set up or to be set up pursuant to Regulation (EC) No 1082/2006 of the European Parliament and of the Council24 and one to improve the analysis of development trends. Project-based cooperation throughout the Union should be integrated into the new component on interregional innovation investments and closely linked to the implementation of the Communication from the Commission 'Strengthening Innovation in Europe's Regions: Strategies for resilient, inclusive and sustainable growth'25, in particular to support thematic smart specialisation platforms on fields such as energy, industrial modernisation or agrifood. Finally, integrated territorial development focusing on functional urban areas or urban areas should be concentrated within programmes under the Investment for jobs and growth goal and in one accompanying instrument, the ‘European Urban Initiative”. The two programmes under the interregional cooperation component should cover the whole Union and should also be open for the participation of third countries. _________________ 24 Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19). 25 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: 'Strengthening Innovation in Europe's Regions: Strategies for resilient, inclusive and sustainable growth' - COM(2017) 376 final, 18.7.2017.
Amendment 27 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 28 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 29 #
Amendment 30 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 32 #
Proposal for a regulation
Recital 16
Recital 16
(16) For the most efficient use of the support from the ERDF and the external financing instruments of the Union, a mechanism should be set up to organise the return of such support in cases where external cooperation programmes cannot be adopted or have to be discontinued, including with third countries which do not receive support from any financing instrument of the Union. That mechanism should seek to achieve optimal functioning of the programmes and the maximum possible coordination between those instruments.
Amendment 34 #
Proposal for a regulation
Recital 30
Recital 30
(30) A clear chain of financial liability in respect of recovery for irregularities should be established from sole or other partners via the lead partner and the managing authority to the Commission. Provision should be made for liability of Member States, third countries, partner countries or Overseas Countries and Territories (OCTs), where obtaining recovery from the sole or other or lead partner is not successful, meaning that the Member State reimburses the managing authority. Consequently, under Interreg programmes there is no scope for irrecoverable amounts on the level of beneficiaries. It is, however, necessary to clarify the rules, should a Member State, third country, partner country or OCT not reimburse the managing authority. The obligations of the lead partner for recovery should also be clarified. In particular, the managing authority should not be allowed to oblige the lead partner to launch a judicial procedure in a different country.
Amendment 35 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to apply a mostly common set of rules both in the participating Member States and third countries, partner countries or OCTs, this Regulation should also apply to the participation of third countries, partner countries or OCTs, unless specific rules are set out in a specific Chapter of this Regulation. Interreg programme authorities may be mirrored by comparable authorities in third countries, partner countries or OCTs. The starting point for the eligibility of expenditure should be linked to the signature of the financing agreement by the relevant third country, partner country or OCT. Procurement for beneficiaries in the third country, partner country or OCT should follow the rules for external procurement under Regulation (EU, Euratom) [new FR- Omnibus] of the European Parliament and the Council34. The procedures for the conclusion of financing agreements with each of the third countries, partner countries or OCTs as well as of the agreements between the managing authority and each third country, partner country or OCT with regard to the support from an external financing instrument of the Union or in the case of transfer of an additional contribution from a third country, partner country orn OCT to the Interreg programme other than national co-financing should be set out. _________________ 34 [Reference] [Reference]
Amendment 36 #
Proposal for a regulation
Recital 32
Recital 32
(32) Although Interreg programmes with the participation of third countries, partner countries or OCTs should be implemented under shared management, outermost regions’ cooperation may be implemented under indirect management. Specific rules should be set out how to implement those programmes as a whole or partially under indirect management.
Amendment 37 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 38 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 39 #
Proposal for a regulation
Recital 37
Recital 37
(37) Since the objective of this Regulation, namely to foster cooperation between Member States and between Member States and third countries, partner countries or OCTs cannot be sufficiently achieved by the Member States but can 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 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,
Amendment 40 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation lays down rules for the European territorial cooperation goal (Interreg) with a view to fostering cooperation between Member States inside the Union and between Member States and adjacent third countries, partner countries, other territories or overseas countries and territories ('OCTs') respectively.
Amendment 41 #
Proposal for a regulation
Article premier – paragraph 3
Article premier – paragraph 3
Amendment 42 #
Proposal for a regulation
Article premier – paragraph 4
Article premier – paragraph 4
4. With regard to support from the ERDF and the external financing instruments of the Union (jointly referred to as ‘the Interreg funds’) to Interreg programmes, this Regulation defines the Interreg-specific objectives as well as the organisation, the criteria for Member States, third countries, partner countries and OCTs and their regions to be eligible, the financial resources, and the criteria for their allocation.
Amendment 43 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 44 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
For the purpose of this Regulation, where provisions of Regulation (EU) [new CPR] refer to a 'Member State', this shall be construed as meaning 'the Member State hosting the managing authority' and where provisions refer to 'Each Member State' or 'Member States', this shall be construed as meaning 'the Member States and, where applicable, third countries, partner countries and OCTs participating in a given Interreg programme'.
Amendment 47 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
(a) internal cross-border cooperation between adjacent land border regions of two or more Member States or between adjacent land border regions of at least one Member State and one or more third countries listed in Article 4(3); or
Amendment 48 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
Article 3 – paragraph 1 – point 1 – point a
(a) internal cross-border cooperation between adjacent land border regions of two or more Member States or between adjacent land border regions of at least one Member State and one or more third countries listed in Article 4(3); or
Amendment 49 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b – point i
Article 3 – paragraph 1 – point 1 – point b – point i
Amendment 50 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b – point ii
Article 3 – paragraph 1 – point 1 – point b – point ii
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b – point iii
Article 3 – paragraph 1 – point 1 – point b – point iii
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) transnational cooperation and maritime cooperation over larger transnational territories or around sea- basins, involving national, regional and local programme partners in Member States, third countries and partner countries and in Greenland, with a view to achieving a higher degree of territorial integration ('component 2'; where referring only to transnational cooperation: 'component 2A'; where referring only to maritime cooperation: 'component 2B');
Amendment 53 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) outermost regions' cooperation among themselves and with their neighbouring third or partner countries or OCTs, or several thereof, to facilitate their regional integration in their neighbourhood ('component 3');
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For cross-border cooperation, the regions to be supported by the ERDF shall be the NUTS level 3 regions of the Union along all internal and external land borders with third countries or partner countries.
Amendment 55 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 56 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point d
Article 5 – paragraph 2 – subparagraph 1 – point d
Amendment 57 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 58 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The outermost regions' Interreg programmes may cover neighbouring partner countries supported by the NDICI or OCTs supported by the OCTP, or both.
Amendment 59 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Component 4 Interreg programmes may cover the whole or part of the third countries, partner countries, other territories or OCTs referred to in Articles 4, 5 and 6, whether or not they are supported by the external financing instruments of the Union.
Amendment 60 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 61 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 63 #
Proposal for a regulation
Article 10
Article 10
Amendment 64 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 65 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 66 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 67 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Amendment 68 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 69 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2 – point a
Article 10 – paragraph 3 – subparagraph 2 – point a
Amendment 70 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2 – point b
Article 10 – paragraph 3 – subparagraph 2 – point b
Amendment 71 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2 – point c
Article 10 – paragraph 3 – subparagraph 2 – point c
Amendment 72 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 73 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 74 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. On the basis of the information provided by Member States pursuant to Article 9(5), the Commission shall, adopt an implementing act setting out a list of all Interreg programmes and indicating per programme the global amount of the total support from the ERDF and, where applicable, the total support from external financing instruments of the Union. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 63(2).
Amendment 75 #
Proposal for a regulation
Article 12
Article 12
Amendment 76 #
Proposal for a regulation
Article 13
Article 13
Amendment 80 #
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) improving access to and the quality of education, training and lifelong learning across borders with a view to increasing the educational attainment and skills levels thereof as to be recognised across bordersmaking up for the lack of training provided in a particular country;
Amendment 83 #
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) improving accessibility, effectiveness and, resilience and complementarity of healthcare systems and long-term care services across borders;
Amendment 85 #
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) promoting social inclusion and tackling poverty, including by enhancing equal opportunities and combating discrimination across bordersnot facilitating the movement of people in precarious situations across borders and into big cities in order to prevent the centralisation of poverty.
Amendment 86 #
Proposal for a regulation
Article 14 – paragraph 4 – point c
Article 14 – paragraph 4 – point c
Amendment 87 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Under external cross-border and component 2 and 3 Interreg programmes the ERDF and, where applicable, the external financing instruments of the Union shall also contribute to the external Interreg-specific objective 'a safer and more secure Europe', in particular by actions in the fields of border crossing management and mobility and migration management, including the protection of legal migrants. and combating the illegal trafficking of migrants;
Amendment 88 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The participating Member States and, where applicable, third countries, partner countries or OCTs, shall prepare an Interreg programme in accordance with the template set out in the Annex for the period from 1 January 2021 to 31 December 2027.
Amendment 89 #
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
The participating third countries or partner countries or OCTs, where applicable, shall also involve the programme partners equivalent to those referred to in that Article.
Amendment 90 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
The Member State hosting the prospective managing authority, shall submit an Interreg programme to the Commission by [date of entry into force plus nine months;] on behalf of all participating Member States and, where applicable, third countries, partner countries or OCTs.
Amendment 91 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
The participating Member States and, where applicable, third countries, partner countries or OCTs shall confirm in writing their agreement to the contents of an Interreg programme prior to its submission to the Commission. That agreement shall also include a commitment by all participating Member States and, where applicable, third countries, partner countries or OCTs to provide the co- financing necessary to implement the Interreg programme and, where applicable, the commitment for the financial contribution of the third countries, partner countries or OCTs.
Amendment 92 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 2
Article 16 – paragraph 5 – subparagraph 2
By way of derogation from the first subparagraph, in the case of Interreg programmes involving outermost regions and third countries, partner countries or OCTs, the Member States concerned shall consult the respective third countries, partner countries or OCTs before submitting the Interreg programmes to the Commission. In that case, the agreements to the contents of the Interreg programmes and the possible contribution of the third countries, partner countries or OCTs may, instead, be expressed in the formally approved minutes of the consultation meetings with the third countries, partner countries or OCTs or of the deliberations of the regional cooperation organisations.
Amendment 94 #
Proposal for a regulation
Article 17 – paragraph 4 – point g – introductory part
Article 17 – paragraph 4 – point g – introductory part
(g) a financing plan containing the following tables (without any division per participating Member State, third country, partner country or OCT, unless specified otherwise therein):
Amendment 95 #
Proposal for a regulation
Article 17 – paragraph 5 – point a – point i
Article 17 – paragraph 5 – point a – point i
Amendment 96 #
Proposal for a regulation
Article 17 – paragraph 5 – point a – point ii
Article 17 – paragraph 5 – point a – point ii
Amendment 97 #
Proposal for a regulation
Article 17 – paragraph 7 – point c
Article 17 – paragraph 7 – point c
(c) set out the apportionment of liabilities among the participating Member States and, where applicable, third or partner countries or OCTs, in the event of financial corrections imposed by the managing authority or the Commission.
Amendment 98 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The participating Member States and, where applicable, third or partner countries or OCTs shall review the Interreg programme taking into account the observations made by the Commission.
Amendment 99 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 100 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The participating Member States and, where applicable, third countries, partner countries or OCTs shall review the amended programme and take into account the observations made by the Commission.
Amendment 101 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Community-led local development ('CLLD') under point (b) of Article [22] of Regulation (EU) [new CPR] may be implemented in Interreg programmes, provided that the relevant local action groups are composed of representatives of public and private local socio-economic interests, in which no single interest group controls the decision-making, and of at least twowhich the participating countries, of which at least one is a must be Member States.
Amendment 102 #
Proposal for a regulation
Article 22 – paragraph 6 – subparagraph 2
Article 22 – paragraph 6 – subparagraph 2
That document shall also set out the lead partner's obligations with regard to recoveries pursuant to Article 50. Those obligations shall be defined by the monitoring committee. However, a lead partner located in a different Member State, third country, partner country or OCT from the partner shall not be obliged to recover through a judicial procedure.
Amendment 103 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Operations selected under components 1, 2 and 3 shall involve actors from at least two participating countries, at least one of which shall be a beneficiary from a Member State and an OCT.
Amendment 104 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
For Interreg operations under component 3 Interreg programmes, the partners from outermost regions and third countries, partner countries or OCTs shall be required to cooperate only in three of the four dimensions listed in the first subparagraph.
Amendment 105 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Any beneficiary in a Member State, third country, partner country or an OCT participating in an Interreg programme may be designated as the lead partner.
Amendment 106 #
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2
Article 25 – paragraph 3 – subparagraph 2
However, Member States, third countries, partner countries or OCTs participating in an Interreg programme may agree that a partner not receiving support from the ERDF or an external financing instrument of the Union may be designated as the lead partner.
Amendment 108 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 109 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Member States and, where applicable, the third countries, partner countries and OCTs participating in that programme shall set up, in agreement with the managing authority, a committee to monitor implementation of the respective Interreg programme ('monitoring committee') within three months of the date of notification to the Member States of the Commission decision adopting an Interreg programme,
Amendment 110 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Where the rules of procedure of the monitoring committee establish a rotating chair, the monitoring committee may be chaired by a representative of a third country, partner country orn OCT, and co- chaired by a representative of the Member State or of the managing authority, and vice-versa.
Amendment 111 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
The composition of the monitoring committee of each Interreg programme shall be agreed by the Member States and, where applicable, by the third countries, partner countries and OCTs participating in that programme and shall ensure a balanced representation of the relevant authorities, intermediate bodies and representatives of the programme partners referred to in Article [6] of Regulation (EU) [new CPR] from Member States, third countries, partner countries and OCTs.
Amendment 112 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
The composition of the monitoring committee shall take into account the number of participating Member States, third countries, partner countries and OCTs in the Interreg programme concerned.
Amendment 113 #
Proposal for a regulation
Article 36 – paragraph 2 – subparagraph 1
Article 36 – paragraph 2 – subparagraph 1
Without prejudice to the eligibility rules laid down in Articles [57 to 62] of Regulation (EU) [new CPR], Articles [4 and 6] of Regulation (EU) [new ERDF] or in this Chapter, including in acts adopted thereunder, the participating Member States and, where applicable, third countries, partner countries and OCTs shall, by a joint decision in the monitoring committee, only establish additional rules on eligibility of expenditure for the Interreg programme on categories of expenditure not covered by those provisions. Those additional rules shall cover the programme area as a whole.
Amendment 114 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. For matters not covered by the eligibility rules laid down in Articles [57 to 62] of Regulation (EU) [new CPR], Articles [4 and 6] of Regulation (EU) [new ERDF] and this Chapter, including in acts adopted thereunder or in rules established in accordance with paragraph 4, the national rules of the Member State and, where applicable, of the third countries, partner countries and OCTs in which the expenditure is incurred shall apply.
Amendment 115 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The participating Member States and, where applicable, third countries, partner countries and OCTs, may agree in the monitoring committee of an Interreg programme that expenditure falling under one or more of the categories referred to in Articles 38 to 43 shall not be eligible under one or more priorities of an Interreg programme.
Amendment 116 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme shall identify, for the purposes of Article [65] of Regulation (EU) [new CPR], a single managing authority and a single audit authority.
Amendment 117 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme may identify an EGTC as managing authority of that programme.
Amendment 118 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. With regard to an Interreg programme under component 2B or under component 1 where the latter covers long borders with heterogeneous development challenges and needs, Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme may define sub- programme areas.
Amendment 119 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. Where the managing authority identifies an intermediate body under an Interreg programme in accordance with Article [65(3)] of Regulation (EU) [new CPR], the intermediate body shall carry out those tasks in more than one participating Member State or, where applicable, third country, partner country or OCT.
Amendment 120 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The managing authority, after consultation with the Member States and, where applicable, any third countries, partner countries or OCTs participating in the Interreg programme, shall set up a joint secretariat, with staff taking into account the programme partnership.
Amendment 121 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme shall agree on the arrangements for carrying out the accounting function.
Amendment 127 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1
Article 49 – paragraph 3 – subparagraph 1
Amendment 128 #
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 3
Article 49 – paragraph 3 – subparagraph 3
Amendment 129 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. Where the lead partner does not succeed in securing repayment from other partners or where the managing authority does not succeed in securing repayment from the lead or sole partner, the Member State, third country, partner country or OCT on whose territory the partner concerned is located or, in the case of an EGTC, is registered shall reimburse the managing authority any amounts unduly paid to that partner. The managing authority shall be responsible for reimbursing the amounts concerned to the general budget of the Union, in accordance with the apportionment of liabilities among the participating Member States, third countries, partner countries or OCTs laid down in the Interreg programme.
Amendment 130 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Once the Member State, third country, partner country or OCT has reimbursed the managing authority any amounts unduly paid to a partner, it may continue or start a recovery procedure against that partner under its national law. In the event of successful recovery, the Member State, third country, partner country or OCT may use those amounts for the national co-financing of the Interreg programme concerned. The Member State, third country, partner country or OCT shall not have any reporting obligations towards the programme authorities, the monitoring committee or the Commission with regard to such national recoveries.
Amendment 131 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where a Member State, third country, partner country or OCT has not reimbursed the managing authority any amounts unduly paid to a partner pursuant to paragraph 3, those amounts shall be subject to a recovery order issued by the AOD which shall be executed, where possible, by offsetting against amounts due to the Member State, third country, partner country or OCT under subsequent payments to the same Interreg programme or, in the case of a third country, partner country or an OCT, under subsequent payments to programmes under the respective external financing instruments of the Union. Such recovery shall not constitute a financial correction and shall not reduce the support from the ERDF or any external financing instrument of the Union to the respective Interreg programme. The amount recovered shall constitute assigned revenue in accordance with Article [177(3)] of Regulation (EU, Euratom) [FR-Omnibus].
Amendment 132 #
Proposal for a regulation
Chapter 8 – title
Chapter 8 – title
Participation of third countries or partner countries or OCTs in Interreg programmes under shared management
Amendment 133 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Chapters I to VII and Chapter X shall apply to the participation of third countries, partner countries and OCTs in Interreg programmes subject to the specific provisions set out in this Chapter.
Amendment 134 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Third countries, partner countries and OCTs participating in an Interreg programme shall either allow the managing authority of that programme to carry out its functions in its respective territory or shall identify a national authority as contact point for the managing authority or a national controller to carry out management verifications as provided for in [point (a) of Article 68(1)] of Regulation (EU) [new CPR] in its respective territory.
Amendment 135 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Third countries, partner countries and OCTs participating in an Interreg programme shall either allow the audit authority of that programme to carry out its functions in its respective territory or shall identify a national audit authority or body, functionally independent from the national authority.
Amendment 136 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. Third countries, partner countries and OCTs participating in an Interreg programme shall delegate staff to the joint secretariat of that programme or shall set up a branch office in its respective territory, or shall do both.
Amendment 137 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The national authority or a body equivalent to the Interreg programme communication officer as provided for in Article 35(1), shall support the managing authority and partners in the respective third country, partner country or OCT with regard to the tasks provided for in Article 35(2) to (7).
Amendment 138 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1
Article 53 – paragraph 1 – subparagraph 1
Amendment 139 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Component 2 and 4 Interreg programmes combining contributions from the ERDF and from one or more external financing instrument of the Union shall be implemented under shared management both in the Member States and in any participating third country or partner country or, with regard to component 3, in any OCT, whether or not that OCT receives support under one or more external financing instruments of the Union.
Amendment 140 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1 – point a
Article 53 – paragraph 3 – subparagraph 1 – point a
(a) under shared management both in the Member States and in any participating third country or OCT;
Amendment 141 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1 – point b
Article 53 – paragraph 3 – subparagraph 1 – point b
(b) under shared management only in the Member States and in any participating third country or OCT with regard to ERDF expenditure outside the Union for one or more operations, whereas the contributions from one or more external financing instruments of the Union are managed under indirect management;
Amendment 142 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1 – point c
Article 53 – paragraph 3 – subparagraph 1 – point c
(c) under indirect management both in the Member States and in any participating third country or OCT.
Amendment 143 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
By way of derogation from Article [57(2)] of Regulation (EU) [new CPR] expenditure shall be eligible for a contribution from external financing instruments of the Union if it has been incurred by a partner or the private partner of PPP operations in the preparation and implementation of Interreg operations from 1 January 2021 and paid after the date when the financing agreement with the respective third country, partner country or OCT was concluded.
Amendment 144 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
However, expenditure for technical assistance managed by programme authorities located in a Member State shall be eligible as of 1 January 2021, even when paid for actions implemented in favour of third countries, partner countries or OCTs.
Amendment 145 #
Proposal for a regulation
Article 56 – paragraph 1 – point b
Article 56 – paragraph 1 – point b
Amendment 146 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. In order to implement an Interreg programme in a third country, partner country orn OCT, in accordance with Article [112(4)] of Regulation (EU, Euratom) [FR-Omnibus], a financing agreement shall be concluded between the Commission representing the Union and each participating third country, partner country or OCT represented in accordance with its national legal framework.
Amendment 147 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 2 – point b
Article 58 – paragraph 2 – subparagraph 2 – point b
(b) when the third or partner country or OCT has completed the procedure required for ratification under its national legal framework and informed the Commission .
Amendment 148 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. Where an Interreg programme involves more than one third country, partner country or OCT, at least one financing agreement shall be signed by both parties before that date. The other third countries, partner countries or OCTs may sign their respective financing agreements at the latest on 30 June of the second year following the year when the first budget commitment was made.
Amendment 149 #
Proposal for a regulation
Article 58 – paragraph 4 – subparagraph 1 – point b
Article 58 – paragraph 4 – subparagraph 1 – point b
(b) shall sign, on the same date, an implementing agreement with each third country, partner country or OCT participating in that Interreg programme setting out the mutual rights and obligations with regard to its implementation and financial management.
Amendment 150 #
Proposal for a regulation
Article 59 – title
Article 59 – title
Amendment 151 #
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. Where a third country, partner country orn OCT transfers to the Managing Authority a financial contribution to the Interreg programme other than its co- financing of the Union support to the Interreg programme, the rules concerning that financial contribution shall be contained in the following document:
Amendment 152 #
Proposal for a regulation
Article 59 – paragraph 1 – point a
Article 59 – paragraph 1 – point a
(a) where the Member State signs the financing agreement pursuant to point (a) of Article 58(4), in a separate implementing agreement signed either between the Member State hosting the managing authority and the third country, partner country or OCT or directly between the managing authority and the competent authority in the third country, partner country or OCT;
Amendment 153 #
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
An implementing agreement under paragraph 1 shall at least contain the elements concerning the third country's, partner country's or OCT's co- financing listed in Article 58(5).
Amendment 154 #
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Where a programme or action co- financed by one or more external financing instrument is implemented by a third country, a partner country, an OCT or any of the other bodies listed to in [point (c) of the first subparagraph of Article 62(1)] of Regulation (EU, Euratom) [FR- Omnibus] or referred to in Regulation (EU) [NDICI] or Council Decision [OCT Decision] or both, the relevant rules of these instruments shall apply, in particular Chapters I, III and V of Title II of Regulation (EU) [NDICI].