21 Amendments of Siegfried MUREŞAN related to 2018/0207(COD)
Amendment 71 #
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforccultivated, protected and sharpromoted among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. It is also crucial to create an enabling environment for peaceful democratic dialogue between representatives of different views. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149, (hereafter ‘the predecessor Programmes’) and it will be adjusted to address new challenges to European values. __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 78 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant, resilient and empowered civil society, encouragingwhich fosters people’s democratic, civic and social participation and fosteringcultivates the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 82 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Rights and Values programme (the ‘Programme’) should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved byddress the most important challenges to the promotion and protection of values, taking into account that the challenges may vary across the Union. To ensure concrete impact, the Programme should building on the positive experiencelessons of the predecessor Programmes. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and toIt should also take advantage of synergies with other policies and programmes of the Union and of other actors. This will increase their effectiveness and efficiency and will increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches.
Amendment 84 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Full respect and promotion of rule of law and democracy is a fundamental Union value. It is also the basic condition for building citizens’ trust in the Union as well as between Member States. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations deriving from the Treaties. This programme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational levels.
Amendment 95 #
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Europe’s historical memory are necessaryimportant to make citizens aware of the common history and values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together.
Amendment 115 #
Proposal for a regulation
Recital 18
Recital 18
(18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 189 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of humanUnion values such as democracy, rule of law and fundamental rights, whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s common values at national level.
Amendment 119 #
Proposal for a regulation
Recital 20
Recital 20
(20) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, the Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre- accession strategy should also be able to participate in the Programme.
Amendment 120 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actions, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and developmentincluding on local, national and international levels, directed at promoting and safeguarding the values enshrined in Article 2 of the Treaty of the European Union. The Commission should seek consistency, synergies and complementarity with Member States’ actions and with other funding programmes supporting policy areas with close links to Justice, Rights and Values Fund, including with Creative Europe programme, and Erasmus+, as well as with relevant policies of the Union.
Amendment 122 #
Proposal for a regulation
Recital 23
Recital 23
(23) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. It is necessary to ensure that the Programme’s grant-making procedures and requirements are user- friendly for potential beneficiaries, including for local grassroot civil society organisations, and that they ensure full transparency on the use of resources, sound financial management and prudent use of resources.
Amendment 123 #
Proposal for a regulation
Recital 24
Recital 24
(24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, for the Commission and the beneficiaries, the capacity of potential beneficiaries and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and, unit costs, financial support for third parties, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. Co- funding should be accepted in kind, including in form of voluntary work, and may be waived in cases of limited complementary funding. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council20 Council Regulation (Euratom, EC) No 2988/9521 Council Regulation (Euratom, EC) No 2185/9622 and Council Regulation (EU) 2017/193923 the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council24. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. __________________ 20 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 21 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1). 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292.15.11.96, p.2). 23 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017, p.1). 24 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 124 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, contact points should be set up in Member States to provide assistance to both beneficiaries and applicants.
Amendment 125 #
Proposal for a regulation
Recital 25
Recital 25
(25) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including particular by supporting civil society organisations at local, national and transnational levels, in order to sustain open, rights-based, democratic, equal and inclusive societies.
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) to promote and protect democracy, rule of law and fundamental rights on local, national and transnational levels (Union values strand).
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) promoting equality as a universal fundamental right and a core value of the Union;
Amendment 157 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Union values strand The programme shall focus on protecting and promoting democracy, rule of law and fundamental rights by providing financial support for independent civil society organisations which cultivate these values at local, national and transnational levels, creating enabling environment for democratic dialogue between representatives of different views, and protecting and promoting fundamental rights, including strengthening freedom of expression, peaceful assembly and association, media freedom, and pluralism of the media, academic freedom, freedom of religion or belief and the right to privacy and family life, all by supporting, empowering and building the capacity of independent civil society organisations active in the promotion of values referred to in Article 2 of the Treaty of the European Union.
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. No less than 65% of funds referred to in points (a) and (b) of paragraph 2 of this Article shall be allocated to action grants, operating grants and core funding for civil society organisations.
Amendment 168 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, which shall ensure sound financial management, prudent use of public funds, low administrative burden for the Programme operator and for beneficiaries as well as accessibility of the Programme funds to potential beneficiaries. The Programme shall provide funding primarily through action grants, annual and multiannual operating grants and core funding. It may use lump sums, unit costs, flat rates and financial assistance for third parties. Co- funding shall be accepted in kind and may be waived in cases of limited complementary funding.
Amendment 170 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 173 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Programme Contact Points The Commission shall set up contact points in all Member States in cooperation with local partners or the Member State in question. The contact points shall provide stakeholders and beneficiaries of the Programme with impartial guidance and practical information and assistance in relation to all aspects of the Programme, including in relation to the application procedure, project implementation procedures, reporting and other formalities. The contact points may be managed by Member States or civil society organisations or consortia thereof.
Amendment 175 #
Proposal for a regulation
Annex I
Annex I