97 Amendments of Rosa D&#39;AMATO related to 2018/0196(COD)

Proposal for a regulation
Recital 31

(31) PIt should be made obligatory for programme authorities, beneficiaries and stakeholders in Member States ~~should raise awareness~~to provide full information ofn the achievements of Union funding and inform the general public accordingly. Transparency, communication and visibility activities are essential in making Union action visible on the ground and should be based on true, accurate and updated information. In order for these requirements to be enforceable, programme authorities and the Commission should be able to apply remedial measures in case of non- compliance.

2018/09/26
Committee: CONT

Proposal for a regulation
Recital 45 a (new)

(45a) For the purposes of fighting transnational fraud within the programmes, a fast and efficient system should be established for exchanging information by means of mutual administrative assistance between competent authorities that will make it possible to cross-check accounting records for transactions between two or more Member States, thereby ensuring a horizontal and comprehensive approach to protection of the financial interests of Member States.

2018/09/26
Committee: CONT

Proposal for a regulation
Recital 52

(52) A reduction of verifications and audit requirements should be possible where there is assurance that the programme has functioned effectively for the latest two consecutive years since this demonstrates that the Funds are being implemented effectively and efficiently over a prolonged period of time.deleted

2018/09/26
Committee: CONT

Proposal for a regulation
Recital 58

(58) Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318, and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 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) 2017/193921, the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should ~~report~~be required to report each year to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow- up of OLAF investigations. _________________ 18 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 L 248, 18.9.2013, p. 1). 19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 20 Council Regulation (Euratom, EC) No 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 L 292, 15.11.1996, p. 2). 21 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 L 283, 31.10.2017, p. 1). 22 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).

2018/09/26
Committee: CONT

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1

The Member State shall set up an independent committee to monitor the implementation of the programme ('monitoring committee') within three months of the date of notification to the Member State concerned of the decision approving the programme.

2018/09/26
Committee: CONT

Proposal for a regulation
Article 39 – paragraph 1

1. The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, coherence and EU added value with the aim to improve the quality of the design and implementation of programmes, basing its evaluation on ex ante determined parameters and on the results achieved.

2018/09/26
Committee: CONT

Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1 – point g

(g) expected ordate and actual date of completion of the operation;

2018/09/26
Committee: CONT

Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1 – point h

(h) total expected cost and actual cost of the operation;

2018/09/26
Committee: CONT

Proposal for a regulation
Article 63 – paragraph 4

4. Member States shall ensure the quality, independence and reliability of the monitoring system and of data on indicators.

2018/09/26
Committee: CONT

Proposal for a regulation
Article 63 – paragraph 8 a (new)

8a. The Commission shall develop a system enabling competent authorities to exchange information for the purposes of cross-checking accounting records for transactions between two or more Member States in the context of implementation of programmes.

2018/09/26
Committee: CONT

Proposal for a regulation
Title 0

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, ~~and~~the European Agricultural Fund for Rural Development, the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 2

(2) In order to further develop a coordinated, coherent and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF.

2018/10/24
Committee: REGI

(4a) Particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 5

(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation, or social exclusion. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle, the fight against climate change and the fulfilment of the objectives of the Paris Agreement.. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 9

(9) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 2540 % of the EU budget expenditure supporting climate objectives.

2018/10/24
Committee: REGI

(9a) Following the European Court of Auditors' recommendations, climate mainstreaming and climate earmarking should be integrated a priori into the fund specific planning and programming processes to ensure uptake of climate measures and to provide certainty to investors on longer term investment patterns. Climate tracking should differentiate between mitigation and adaptation, and the different sectors.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 9 b (new)

(9b) In order to ameliorate the performance framework, output and result indicators should show the level of ambition and put respective results into the perspective of sectoral structural reform requirements, national needs and opportunities.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 9 c (new)

(9c) In order to ensure compliance with GHG emission reduction requirements, a climate proofing mechanism should be applied which a) includes the Energy Efficiency First assessments in planning and preparation of projects and programmes about how much energy could be saved, before taking investment decisions on infrastructure, b) excludes fossil fuels from Funds’ eligibility, and c) applies additional climate impact and projects lifecycle assessment of programmes and planned infrastructure to ensure compliance with the sectors specific emission reduction and decarbonisation pathways.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 10

(10) Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non- discrimination, along with the principles of economic, social and territorial cohesion enshrined in the Treaties. Member States at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and the bodies designated by them for that purpose should be responsible for preparing and implementing programmes. _________________ 12 OJ L […], […], p. […].

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 11

(11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should ~~continue to apply~~be revised. Therefore, the relevant empowerment should be provided to the European Commission to make a proposal for a revised Delegated Regulation. _________________ 13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 12

(12) At Union level, ~~the~~a reformed European Semester ~~of economic policy coordination~~integrating multilevel governance and aligned with a new long- term EU Strategy implementing the Sustainable Development Goals is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented at the beginning and in view of the mid-term review of the programming period alongside the ~~yearly~~ National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve as a basis to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 13

(13) Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs, as well as the implementation of the European Pillar of Social Rights. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 16

(16) Each Member State shcould ~~have the flexibility to~~ contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State, under certain conditions specified in Article 10 and Article 21 of this Regulation.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 20

(20) Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.deleted

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 20 a (new)

(20a) Investments co-financed by the ERDF, the ESF+, the EMFF, the EAFRD, should be deemed exempt from deficit and debt calculations in order to improve the investment capacity of the Member States.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 38

(38) To ensure the effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should ~~pay particular attention not to~~not support relocation when selecting operations and toshould treat sums unduly paid to operations not complying with the requirement of durability as irregularities.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 40

(40) In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, ~~including the Reform Deliver~~by developing easy to use mechanisms, the promotion of multi-level governance solutions and strong policy Tcoolrdination. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds, provided that excessive-risk operation should be avoided.

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 61

(61) Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council23 , as amended by ~~Commission Regulation (EU) No 868/201424~~the latest available list of NUTS II regions for which the necessary data can be provided by EUROSTAT. _________________ 23 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1). 24 Commission Regulation (EU) No 868/2014 of 8 August 2014 amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 241, 13.8.2014, p. 1).

2018/10/24
Committee: REGI

Proposal for a regulation
Recital 64

(64) A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative to contribute to the further development of the Urban Agenda for the EU, which should be implemented through direct or indirect management by the Commission.

2018/10/24
Committee: REGI

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

(a) financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD), the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');

2018/10/24
Committee: REGI

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) common provisions applicable to the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 2 – paragraph 1 – point 37

(37) 'climate proofing' means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available, or internationally recognised standards, and which a) includes the Energy Efficiency First assessments in planning and preparation of projects and programmes about how much energy could be saved - before taking investment decisions on infrastructure b)excludes fossil fuels from Funds’ eligibility and c) applies additional climate impact and projects lifecycle assessment of programmes and planned infrastructure to ensure compliance with the sector specific emission reduction and decarbonization pathways.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. The ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF shall support the following policy objectives:

2018/10/24
Committee: REGI

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) a smarter Europe by promoting innovative and smart economic transformation, for example by supporting SMEs and tourism;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) a greener, low-carbon and resilient Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) a more connected Europe by enhancing smart and sustainable mobility and regional ICT connectivity;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 4 – paragraph 4

4. Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds ~~and~~, including the EAFRD, other Union instruments ~~such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument~~, and relevant legislation on State aid. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4 a. Coordination mechanisms will be jointly agreed by the Commission and the Member States in the Partnership Agreement.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 5 – paragraph 1

1. The Member States, in accordance with their institutional and legal framework, and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the 'Financial Regulation').

2018/10/24
Committee: REGI

Proposal for a regulation
Article 5 – paragraph 2

2. ~~However~~Without prejudice to article 1, paragraph 2, the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility ('CEF'), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU37 and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation. _________________ 37 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. Each Member State, in accordance with its institutional and legal framework, shall organise a partnership with the competent regional and local authorities. That partnership shall include at least the following partners:

2018/10/24
Committee: REGI

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

(a) regional, local, urban and other public authorities;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)

(c a) beneficiaries and service users;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 – paragraph 2

2. In accordance with the multi-level governance principle, the Member State shall involve those partners as equal stakeholders in the preparation of Partnership Agreements and throughout the preparation ~~and~~, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 – paragraph 4

4. At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report to the European Parliament and the Council on the outcome.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4 a. Member States shall allocate at least 2% of the ESF+ and ERDF resources for the capacity building of social partners and civil society organisations.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 a (new)

Article 6 a Horizontal Principles Member States, managing authorities and the Commission shall, in all phases of implementation, comply with the obligation to integrate environmental and climate protection requirements pursuant to Article 11 TFEU, the polluter pays principle as set out in Article 191(2) TFEU, and with the requirements stemming from the Paris Agreement. In particular, Member States, managing authorities and the Commission shall, throughout the preparation and implementation of Partnership Agreements and programmes address the climate change mitigation requirements of investments in line with decarbonisation pathways and ensure resilience to the impact of climate change and natural disasters by restoring ecosystems and increasing the carbon absorption capacity of the environment.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 6 b (new)

Article 6 b Promotion of equality between men and women and non-discrimination The Member States and the Commission shall ensure that equality between men and women and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation. The Member States and the Commission shall take appropriate steps to prevent any discrimination based on any ground provided for in article 21 of the Charter of Fundamental Rights of the European Union during the preparation, implementation, monitoring, reporting and evaluation of programmes. In particular, accessibility for persons with disabilities, as set out in Article 9 of the UN Convention on the Rights of Persons with Disabilities, shall be taken into account throughout the preparation and implementation of programmes.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendationa concise description of the country-wide economic, social and demographic situation,complemented by the appropriate territorial breakdown, and main structural challenges;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)

(a a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto based upon finding drawn from a), and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point b – point ii

(ii) coordination, demarcation and complementarities between the Funds ~~and~~, where appropriate, coordination between national and regional programmes and coordination mechanisms for the mid term review phase;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point b – point iii

(iii) complementarities and synergies between the Funds, including EAFRD and Interreg programmes, and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)

(g a) h) where appropriate, an integrated approach to address the demographic challenges of regions and geographical areas wich suffer from sever and permanent natural or demographic handicaps, as referred to in Article 174 TFEU.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point g b (new)

(g b) Complementarites and synergies between the funds and existing macro- regional and sea-basin strategies.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point g c (new)

(g c) arrangements for the partnership principle as referred in Article 6, including an indicative list of partners and a summary of actions taken to involve them in the preparation of the Partnership Agreement.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 8 – paragraph 1 – point g d (new)

(g d) an explanation on how the Funds used are aligned and contribute to the achievement of the targets, policies and measures under the National Energy and Climate Plans;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission may make observations within t~~hree~~wo months of the date of submission by the Member State of the Partnership Agreement.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 9 – paragraph 4

4. The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than ~~four~~three months after the date of submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement ~~shall not be amended~~may be amended where appropriate and at least following the mid-term review.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 10 – title

10 Use of the ERDF, the ESF+, the Cohesion Fund, the EAFRD and the EMFF delivered through InvestEU

2018/10/24
Committee: REGI

Proposal for a regulation
Article 10 – paragraph 1

1. Member States may allocate, in the Partnership Agreement or in the request for an amendment of a programme, the amount of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. The amount to be contributed to InvestEU shall not exceed 5 % of the total allocation of each Fund, except in duly justified cases, without weakening the place-based approach of the Funds. Such contributions shall not constitute transfers of resources under Article 21. The amount contributed to InvestEU shall be used only to support investments located in the same category of regions within the Member State targeted by the original contributing Funds.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1 a. Whenever an amount of ERDF, ESF+, the Cohesion Fund, the EAFRD, and the EMFF is allocated to InvestEU, the enabling conditions as described in article 11 and in the annexes III and IV of this Regulation should apply.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 10 – paragraph 5

5. Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to athe original programme or programmes and the Member State shall submit a corresponding request for a programme amendment.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 15

~~[...]~~deleted

2018/10/24
Committee: REGI

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1

A programme shall consist of priorities. Each priority shall correspond to a single policy objective or to technical assistance. More than one priority may correspond to the same policy objective. A priority corresponding to a policy objective shall consist of one or more specific objectives. ~~More than one priority may correspond to the same policy objective.~~

2018/10/24
Committee: REGI

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point ii

(ii) market failures or inefficiencies, investment needs and complementarity with other forms of support;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii a (new)

(iii a) challenges and related objectives identified within National Energy and Climate Plans;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point b

(b) a justification based also on evaluation evidence for the selected policy objectives, corresponding priorities, specific objectives and the forms of support;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 18 – paragraph 4

4. The Commission shall adopt a decision by means of an implementing act approving the programme no later than ~~six~~three months after the date of ~~submission of the~~the amended programme by the Member State.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 19 – paragraph 2

2. The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within t~~hree~~wo months of the submission of the amended programme.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 19 – paragraph 4

4. The Commission shall approve the amendment of a programme no later than ~~six~~two months after ~~its~~the submission of the amended programme by the Member State.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1

The Member State may transfer during the programming period an amount of up to 510 % of the initial allocation of a priority and no more than 35 % of the programme budget to another priority of the same Fund of the same programme. ~~For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.~~

2018/10/24
Committee: REGI

Proposal for a regulation
Article 19 – paragraph 6

6. The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme~~. Member States shall inform the Commission of such corrections~~ and for the update of information defined as indicative in the provisions regarding the programme content. Any specific amendment to the programme should ensure coherent corrections to the resulting programme documents, where appropriate.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 21 – paragraph 1

1. Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect management, to projects relevant to cohesion objectives, as defined in the TFEU, aimed at supporting investments located in the same category of regions within the Member State targeted by the original contributing Funds.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 22 – paragraph 1 – point c

(c) another territorial tool supporting initiatives designed by the Member State for investments programmed ~~for the ERDF~~ under ~~the~~all policy objectives referred in Article 4(1)~~(e)~~.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 22 a (new)

Article 22 a The Member States shall ensure coherence and coordination with local development strategies financed by the EAFRD.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 23 – paragraph 2

2. Territorial strategies shall be ~~drawn up~~adopted under the responsibility of the relevant urban, local or other territorial authorities or bodies. Pre-existing strategic documents concerning the same territories can be updated and used as territorial strategies. The relevant managing authorities shall approve and fund the first round of strategies within 12 months of the date of the approval of the relevant programme or, in the case of strategies supported by more than one Fund, within 12 months of the date of the approval of the last programme concerned.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 23 – paragraph 5

5. Support may be provided for the preparation or update and design of territorial strategies. , as well as for the design of the interventions to be included in the list of operations.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 30 – paragraph 1

1. At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds, to assure functions such as preparation, management, monitoring, evaluation, visibility and communication.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 31 – paragraph 1

1. Technical assistance to each programme ~~shall~~may be reimbursed as a flat- rate by applying the percentages set out in paragraph 2 to the eligible expenditure included in each payment application pursuant to Article 85(3)(a) or (c) as appropriate.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 31 – paragraph 2 – point a

(a) for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 23,5 %;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 32 – paragraph 2

Support for such actions ~~shall~~may be implemented by financing not linked to costs in accordance with Article 89.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 52 – paragraph 2

2. Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, without an excessive risk profile, such as generating revenues or savings, and which do not find sufficient funding from market sources.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2 – point a

(a) the proposed amount of programme contribution to a financial instrument and the genuine expected leverage effect;

2018/10/24
Committee: REGI

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 3

The ex ante assessment may be reviewed or updated and may cover part or the entire territory of the Member State and ~~may~~shall be based on ~~existing~~current or updated ex ante assessments.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 54 – paragraph 2

2. Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments without an excessive risk profile or other forms of support, until the end of the eligibility period.

2018/10/24
Committee: REGI

Proposal for a regulation
Article 56 – paragraph 2

2. Member States shall adopt the necessary measures to ensure that the resources referred to in paragraph 1 and paid back to financial instruments during a period of at least eight years after the end of the eligibility period, are re-used in accordance with the policy objectives of the programme or programmes under which they were set up, either within the same financial instrument or, following the exit of those resources from the financial instrument, in other financial instruments without an excessive risk profile or in other forms of support.

2018/10/24
Committee: REGI

Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 035 – column 1

035 Adaption to climate change measures and prevention and management of climate related risks: floods and landslides (including awareness raising, civil protection and disaster management systems and infrastructures)

2018/10/30
Committee: REGI

Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 043

~~043~~ ~~Household waste management: 0% 0% mechanical biological treatment, thermal treatment~~ deleted

2018/10/30
Committee: REGI

Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 128 – column 1

128 Protection, development and promotion of public tourism assets and ~~related~~ tourism services

2018/10/30
Committee: REGI

Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 128 a (new)

128a Development and promotion of asset 0% 0% and services in/for the SMEs

2018/10/30
Committee: REGI

Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 128 b (new)

128b Development and promotion of 0% 0% cultural and creative asset and/or services in/for the SMEs

2018/10/30
Committee: REGI

Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 130 – column 1

130 Protection, development and promotion of natural heritage and eco- tourism other than Natura 2000 sites

2018/10/30
Committee: REGI

Proposal for a regulation
Annex I – Table 4 – row 17

17 ATourism, accommodation and food service activities

2018/10/30
Committee: REGI

Proposal for a regulation
Annex III – Table Horizontal enabling conditions – row 6 – column 2

A national framework for implementing the UNCRPD is in place that includes: 1. Objectives with measurable goals, data collection and monitoring mechanism, applicable across all policy objectives. 2. Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes in line with the provisions of the UNCRPD. 2a. Reporting arrangements to the monitoring committee on the compliance of the operations supported by the Funds in line with the UNCRPD.

2018/10/30
Committee: REGI

Proposal for a regulation
Annex IV – Policy objective 4 – row 4 – column 2 – point 4.3.1 a (new)

4.3.1a. Promoting social integration of people at risk of poverty or social exclusion, including the most deprived and children

2018/10/30
Committee: REGI