BETA

59 Amendments of Marco ZANNI related to 2016/0282(COD)

Proposal for a regulation
Recital 4

(4) ~~Up to 10% of t~~The funds of the Instrument for Pre-accession Assistance (IPA II), the European Neighbourhood Instrument and the financing instrument for development cooperation (DCI) may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs, or new criseis situations or significant political shifts in third countries, in addition to the amounts already programmed. These unallocated funds, if not committed during the year, should be carried over by a Decision of the Commission, in addition to the amounts already programmed.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 7

(7) The rules governing transfers of appropriations should allow for greater flexibility in order to ensure better budget implementation. To that end, it is important for the Commission to have the possibility of deciding on transfers, of up to 10%, of operational appropriations between Titles when they are covered by the same basic act. Transfers from administrative support lines to the corresponding operational lines should also be done autonomously by the Commission.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 10

~~(10) Union institutions should be able to accept any donation made to the Union.~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 11

~~(11) An enabling clause should be introduced to allow for in-kind sponsoring by a legal person of an EU event or activity for promotional or corporate social responsibility purposes.~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 49

(49) In order to ensure that the Commission has all the necessary information for the adoption of the financing decisions, it is necessary to lay down the minimum requirements for the contents of financing decisions on grants, procurement, trust funds, prizes, financial instruments~~, blending facilities~~ and budgetary guarantees. At the same time, in order to give a longer- term perspective to the potential recipients, it is necessary to allow that the financing decisions are adopted for more than one year but the implementation being subject to the availability of budget appropriations for the respective year. In order to enable such longer-term perspective it is necessary to reduce the number of the elements required for the financing decision. With the aim of simplification, the financing decision should at the same time constitute an annual or multi-annual programme. Since the contribution to the bodies referred to in Articles 69 and 70 is already established in the annual budget, it should not be required to adopt a specific financing decision in this respect.

2017/04/18
Committee: BUDG CONT

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

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 71

(71) A person or entity should be excluded by the authorising officer responsible when a final judgment or a final administrative decision has been taken in the case of grave professional misconduct, non-compliance, whether intentional or not, with the obligations related to the payment of social security contributions or the payment of taxes, fraud affecting the budget , corruption, participation in a criminal organisation or aiding and abetting such an organisation, money laundering, terrorist financing, terrorist related offences, child labour or other forms of trafficking in human beings or irregularity. It should also be excluded in the case of a serious breach of a legal commitment or bankruptcy.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 105

(105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation, audit or control or an official or an agent of a Union institution is in such a situation. In cases where an economic operator attempts to unduly influence a procedure or obtain confidential information, this should be treated as grave professional misconduct. In addition, economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest. For instance, ~~a company should not~~it should be prohibited for a company to evaluate a project in which it has participated or for an auditor ~~should no~~to be in a position to audit accounts it has previously certified.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 136

(136) In recent years the Union has increasingly used financial instruments that ~~allow a hig~~should, in theory, increase ther leverage of the EU budget ~~to be achieved~~ but, at the same time, they generate a financial risk for that budget. Among those financial instruments are not only the financial instruments already covered by the Financial Regulation, but also other instruments such as budgetary guarantees and financial assistance that previously have been governed only by the rules established in their respective basic acts. It is important to establish a common framework to ensure the homogeneity of the principles applicable to that set of instruments and to regroup them under a new Title, comprising sections on budgetary guarantees and on financial assistance to Member States or third countries in addition to the existing rules applicable to Financial Instruments.

2017/04/18
Committee: BUDG CONT

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 independent ex ante evaluation demonstrating that they are really effective for the achievement of the Union's policy objectives.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 146

(146) Budgetary guarantees and financial assistance to Member States ~~or third countries~~ are off-budget operations that have a significant impact on the balance sheet of the Union. While remaining off- budget operations, their inclusion in the Financial Regulation provides a stronger protection of the financial interests of the Union and a clearer framework for their authorisation, management and accounting.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 153

(153) Financial assistance to Member States ~~or third countries~~ should take the form of a loan, of a credit line or any other instrument deemed appropriate to ensure the effectiveness of the support. The resources to be provided are borrowed by the Commission that should be empowered to that end, ~~on the capital markets or~~ from financial institutions, avoiding the involvement of the Union in any transformation of maturities that would expose it to an interest risk or any other market risk.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 155

(155) On 22 October 2014 the European Parliament and the Council adopted Regulation (EU, Euratom) No 1141/2014 (5) repealing Regulation (EC) No 2004/2003 and laying down new rules for, inter alia, the funding of political parties and political foundations at European level, in particular with regard to funding conditions, the award and distribution of funding, donations and contributions, financing of campaigns for elections to the European Parliament, reimbursable expenditure, the prohibition of funding, accounts, reporting and audit, implementation and control, penalties, cooperation between the Authority for European political parties and foundations, the Authorising Officer of the European Parliament and the Member States, and transparency. This Regulation shall apply from 1 January 2017.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 156

(156) Rules should be included on contributions from the general budget of the Union to European political parties as envisaged by Regulation (EU, Euratom) No 1141/2014. Those rules should allow political parties at European level to have a broader degree of flexibility as regards the time limits for using those contributions, as the nature of their activities so requires.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 157

~~(157) The financial support given to European political parties should take the form of a specific contribution, to match the specific needs of the European political parties.~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 158

(158) Although financial support is awarded without an annual work programme being required, European political parties should justify ex post the sound use of Union funding. In particular, the authorising officer responsible should verify if the funding has been used to pay reimbursable expenditure as established in the call for contributions within the time limits laid down in this Regulation. Contributions to European political parties should be spent by the end of the financial year following that of their award, after which, any unspent funding should be recovered by the authorising officer responsible.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 159

(159) Union funding awarded to finance the operating costs of the European political parties should not be used for other purposes than those established in Regulation (EU, Euratom) No 1141/2014, in particular to directly or indirectly finance other entities such as national political parties. The European political parties should use the contributions to pay a percentage of current and future expenditure and not expenditure or debts incurred before the submission of their applications for contributions.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 160

(160) The award of contributions should also be simplified and adapted to the specificities of the European political parties, in particular by the absence of selection criteria, the establishment of a single full prefinancing payment as a general rule, and by the possibility to use lump sums, flat-rate, unit cost financing and financing not linked to costs of the relevant operations.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 161

(161) The contributions from the general budget of the Union should be suspended, reduced or terminated if the European political parties infringe the obligations laid down in Regulation (EU, Euratom) No 1141/2014.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 163

(163) This Regulation should establish a general framework under which budget support may be used as an instrument in external action including the obligation for the third country to provide the Commission adequate and timely information to evaluate the fulfilment of the agreed conditions and provisions ensuring the protection of the financial interests of the Union.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 164

(164) The Commission should be authorised to create and manage Union trust funds for emergency, post-emergency or thematic ~~actions not only in external actions but also in~~ EU- internal actions. Recent events in the European Union show the need for increased flexibility for funding within the EU. As the boundaries between external and internal policies are increasingly blurred, this would also provide a tool for replying to cross-border challenges. It is necessary to specify the principles applicable to the contributions to Union Trust Funds, to clarify the responsibilities of the financial actors and of the Board of the Trust Fund. It is also necessary to define rules ensuring a fair representation of the participating donors in the Board of the Trust Fund and a mandatory positive vote of the Commission for the use of the funds.

2017/04/18
Committee: BUDG CONT

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

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 182

(182) Many Member States have established publicly-owned banks or financial institutions that operate under a public policy mandate to promote economic development. Such banks or financial institutions have specific characteristics which differentiate them from private commercial banks in relation to their ownership, their development mandate and the fact that they do not have the objective of maximising profits. The role of such banks is notably to mitigate market failures, where in certain regions or for certain policy areas or sectors financial services are underprovided by commercial banks. These publicly-owned banks or financial institutions are well-placed to promote access to the ESI funds while maintaining competitive neutrality. Their specific role and characteristics can allow Member States to increase the use of financial instruments for delivering ESI funds in order to maximise the impact of these funds in the real economy. Such an outcome would be in line with the Commission policy to facilitate the role of such banks or institutions as fund managers both in the implementation of ESI funds as well as in the combination of ESI funds with EFSI financing, as set out in particular in the Investment Plan for Europe. It is justified therefore to allow managing authorities to award contracts directly to such public banks or financial institutions. Nevertheless, in order to ensure that this possibility of direct award remains consistent with the principles of the internal market, strict conditions to be fulfilled by public banks or institutions should be laid down for this provision to be applicable.

2017/04/18
Committee: BUDG CONT

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 are supported by the EU guarantee covered by 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.deleted

2017/04/18
Committee: BUDG CONT

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.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 202

(202) With a view to improving the effectiveness and impact of operations implementation of nation-wide operations or operations covering different programme areas should be facilitated and possibilities for expenditure outside the Union for certain investments should be increased .deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 239

(239) In order to increase the efficiency of the intervention, a blending facility or blending facilities may be established under the Connecting Europe Facility (CEF). Such blending facilities should finance blending operations which are actions combining non-reimbursable forms of support and/or financial instruments from the Union budget, including combination of CEF equity and CEF debt financial instruments, and financing from EIB Group (including EIB financing under EFSI) development or other finance institutions as well as investors.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Recital 240

(240) A blending facility under CEF should aim to enhance the multiplier effect of Union spending by attracting additional resources from private investors. In addition, it should ensure that the actions supported become economically and financially viable.deleted

2017/04/18
Committee: BUDG CONT

6. ‘blending operation’ means an action carried out within a blending facility which combines non-repayable forms of support and/or financial instruments from the EU budget and financial instruments from development or other public finance institutions as well as from commercial finance institutions and investors. Blending operations may include preparatory action leading to potential investments from finance institutions;deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 2 – paragraph 1 – point 7

7. ‘blending facility’ means a facility established as a cooperation framework between the Commission and development or other public finance institutions as well as commercial finance institutions and investors which aims at achieving certain Union priority objectives and policies in using blending operations and other individual actions;deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 23

Donations 1.Union institutions may accept any donation made to the Union, such as income from foundations, subsidies, gifts and bequests. 2.Acceptance of a donation of a value of EUR 50 000 or more which involves a financial charge, including follow-up costs, exceeding 10 % of the value of the donation made, shall be subject to the authorisation of the European Parliament and of the Council. In light of such an authorisation, the European Parliament and the Council, shall act on the matter within two months of receiving the request from the Commission. If no objection is made within that period, Union institutions shall take a final decision regarding the acceptance of the donation. Union institutions shall explain the financial charges entailed by the acceptance of donations made to the Union.Article 23 deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 24

Corporate sponsoring 1.Corporate sponsoring means an agreement by which a legal person supports in-kind an event or an activity for promotional or corporate social responsibility purposes. 2.On the basis of specific internal rules Union institutions and bodies may exceptionally accept in kind corporate sponsoring provided that: (a)there is due regard to the principles of non-discrimination, proportionality, equal treatment, transparency; (b)it contributes to the positive image of the Union and is directly linked to the to the core objective of an event or of an action; (c)it does neither generate conflict of interest nor concern exclusively social events.Article 24 deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2

The budgets shall be published within t~~hree~~wo months of the date on which they are declared definitively adopted.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 36 – paragraph 3

3. Where natural persons are concerned, the publication shall be limited to the name and locality of the recipient, the amount legally committed and the purpose of the measure. The disclosure of those data shall be based on relevant criteria such as the periodicity, or the type or importance of the measure. As far as personal data are concerned, the information shall be removed two years after the end of the financial year in which the amount was legally committed. The same shall apply to personal data referring to legal persons for whom the official title identifies one or more natural persons.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2

The information on final recipients of funds provided through financial instruments who receive support from the Union budget for an amount lower than EUR 5100 000, shall be limited to statistical data, aggregated in accordance with relevant criteria, such as geographical situation, economic typology of recipients, type of support received and the Union policy area under which such support was provided.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 57 – paragraph 1

1. ~~The Commission shall confer on~~ All the other institutions ~~the requisite powers~~shall be responsible for the implementation of the sections of the budget relating to them.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 61 – paragraph 1 – point c – point i

~~(i) third countries or the bodies they have designated;~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 90 – paragraph 5 a (new)

5a. Should the body or organisation consider, when assessing the case, that it is a matter for OLAF, then it shall refer the case to OLAF and notify the appointing authority for the institution, office or body concerned. The panel shall relinquish competence for the case as from the time of that referral.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 122 – paragraph 1

The Commission may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 126 – paragraph 8

~~8. The Commission shall endeavour to harmonise its reporting requirements with those of other donors.~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 149 – paragraph 4 – subparagraph 1 – point d

(d) apply appropriate rules and procedures for providing financing to third parties including appropriate clear, transparent and effective review procedures, rules for recovering funds unduly paid and rules for excluding from access to funding;

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 152

Article 152 Indirect implementation with third countries 1. The Commission may implement the budget in partnership with a third country as referred to point (i) of Article 61 (1) (c) through the signature of a financing agreement describing the Union's intervention in the third country and laying down the implementation method for each part of the action. 2. For the part of the action implemented indirectly by the third country or the bodies it has designated, the financing agreement shall, in addition to the elements referred to in Article 150 (4), clearly define the roles and responsibilities of the third country and of the Commission in the implementation of the funds. The financing agreement shall also determine the rules and procedures applied by the third country when implementing EU funds.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 153

Article 153 Blending operations 1. Blending operations are operations financed within blending facilities or platforms. 2. Where financial instruments are implemented within a blending facility Title X applies. 3. For financial instruments within blending facilities, point (h) of Article 202(1) shall be deemed to be complied with if an ex ante evaluation is carried out prior to the establishment of the relevant blending facility; 4. Annual reports pursuant to Article 241 shall be established at the level of the blending facility taking into account all financial instruments grouped under it.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 161 – paragraph 1 – point c a (new)

(ca) The candidate has no past history of failure to honour the obligations related to the payment of social security contributions or the payment of taxes, and has not been found guilty of corruption, participation in a criminal organisation or aiding and abetting such an organisation, money laundering, terrorist financing, terrorist related offences, child labour or other forms of trafficking in human beings or irregularity.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Part 1 – title IX

~~[...]~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 199

Article 199 General rules 1. Prizes shall respect the principles of transparency and equal treatment and shall promote the achievement of policy objectives of the Union. 2. Prizes may not be awarded directly without a contest. Contests for prizes with a unit value of EUR 1 000 000 or more may only be published where those prizes are mentioned in the financing decision referred to in Article 108 and after information on such prizes has been submitted to the European Parliament. 3. The amount of the prize shall not be linked to costs incurred by the winner. 4. Where implementation of an action or work programme requires prizes to be given to third parties by a beneficiary of a Union grant, that beneficiary may give such prizes provided that the eligibility and award criteria, the amount of the prizes and the payment arrangements are defined in the grant agreement between the beneficiary and the Commission, with no margin for discretion.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 200

~~[...]~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 213 – paragraph 1

1. Financial assistance by the Union to Member States ~~or third countries~~ shall take the form of a loan or a credit line or any other instrument deemed appropriate to ensure the effectiveness of the support. To this end, the Commission shall be empowered, in the relevant basic act, to borrow the necessary funds on behalf of the Union ~~on the capital markets or from financial institutions~~.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 215 – paragraph 7

7. If a European political foundation within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may be carried over to the following year provided that it is used before the end of the first quarter of that following year.deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 249 – paragraph 1 – subparagraph 1

The Commission, the other institutions, the bodies administering revenue or expenditure on the Union’s behalf and recipients shall afford the Court of Auditors all the facilities and give it all the information which the Court of Auditors considers necessary for the performance of its task. They shall place at the disposal of the Court of Auditors, at its request, all documents concerning the award and performance of contracts financed by the budget and all accounts of cash or materials, all accounting records or supporting documents, and also administrative documents relating thereto, all documents relating to revenue and expenditure, all inventories, all organisation charts of departments, which the Court of Auditors considers necessary for auditing the budgetary and financial outturn report on the basis of records or on- the-spot auditing and, for the same purposes, all documents and data created or stored electronically. The right of access of the Court of Auditors must also include access to the IT system used for the management of revenue and expenditure relating to the audit process.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 250 – paragraph 1

1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 1530 June, any observations which are, in its opinion, such that they should appear in the annual report~~. Those observations shall remain confidential and shall be subject to an adversarial procedure~~, so as to enable the institution concerned to comment on them. Each institution shall address its reply to the Court of Auditors by 15 October. The replies of institutions other than the Commission shall be sent to the Commission at the same time.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 251 – paragraph 1 – subparagraph 1

The Court of Auditors shall transmit to the institution or the body concerned any observations which are, in its opinion, such that they should appear in a special report~~. Those observations shall remain confidential and shall be subject to an adversarial procedure~~ so as to enable the institution concerned to comment on them.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 265 – paragraph 1 – point 6

Regulation (EU) No 1303/2013
Article 30a

6. The following Article 30a is inserted: “Article 30a 1. Part of a Member State ESI Funds allocation may, at the request of that Member State and in agreement with the Commission, be transferred to one or several instruments established under the Financial Regulation or under sector specific Regulations or to enhance the risk-bearing capacity of the EFSI in accordance with Article 125 of the Financial Regulation. The request to transfer the ESI Funds allocation should be submitted by 30 September. 2. Only financial appropriations of future years in the financial plan of a programme may be transferred. 3. The request shall be accompanied by a proposal to amend the programme or programmes from which the transfer will be made. Corresponding amendments to the programme and to the partnership agreement shall be made in accordance with Article 30(2) which shall set out the total amount transferred for each relevant year to the Commission.”deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point a

Regulation (EU) No 1303/2013
Article 38 – paragraph 1 – point 1

a) In paragraph 1, the following point (c) is inserted: "(c) financial instruments allowing for the combination of such contribution with EIB financial products under the European Fund for Strategic Investment."deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 265 – paragraph 1 – point 13

Regulation (EU) No 1303/2013
Articolo 39a

~~[...]~~deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 265 – paragraph 1 – point 17

Regulation (EU) No 1303/2013
Article 43a

17. The following Article 43a is inserted: "Article 43a Differentiated treatment of investors 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. 2. The need and the level of differentiated treatment as referred to in paragraph 1 shall be established in the ex-ante assessment. 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. 4. Differentiated treatment of private investors shall be without prejudice to the Union State aid rules."deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 265 – paragraph 1 – point 51

Regulation (EU) No 1303/2013
Article 126, point (3)

51. Article 126 is amended as follows: a) In point (b) of the first subparagraph ~~of Article 126~~, the reference to "point (a) of Article 59(5) of the Financial Regulation" is replaced by "point (a) of Article 62(5) of the Financial Regulation". b) point 3 is replaced with: With a view to optimise costs and benefits of audits and facilitate coordination, audit or verification agreements may be concluded with persons and entities implementing funds pursuant to point (c) of Article 61(1) or beneficiaries of grants. Such agreements must not restrict the access of the Court of Auditors to information necessary for the audit of Union funds.

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 265 – paragraph 1 – point 61

Regulation (EU) No 1303/2013
Annex IV

61. Annex IV is amended as follows: a) The introductory sentence of section 1 is replaced by the following: "Where a financial instrument is implemented under Article 39a and points (a) and (b) of Article 38(4), the funding agreement shall include the terms and conditions for making contributions from the programme to the financial instrument and shall include at least the following elements:"; "provisions regarding the re-utilisation of resources attributable to the support from the ESI Funds until the end of the eligibility period in compliance with Article 44 and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;" ; ‘c) "(c) the use and re-use of resources attributable to the support of the ESI Funds in accordance with Articles 43, 44 and 45, and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a.";deleted

2017/04/18
Committee: BUDG CONT

Proposal for a regulation
Article 272 – paragraph 1

Regulation (EU) No 1316/2013
Chapter Va

~~[...]~~deleted

2017/04/18
Committee: BUDG CONT