37 Amendments of Javier NART related to 2023/0397(COD)
Amendment 164 #
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve these goals, special emphasis with respect to investment areas should be placed on sectors that are likely to function as key multipliers for social and economic development and in order to reduce strategic dependencies: connectivity, including transport, energy, green and digital transitions, research and innovation, education and skills development, with particular attention to youth.
Amendment 185 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, justice and Fundamental Rights, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 195 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights including but not limited to the rights of minorities such as LGBTQ communities, and the rule of law.
Amendment 200 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Activities under the Facility should not question the sovereignty, unity and territorial integrity of Bosnia-and- Herzegovina.
Amendment 207 #
Proposal for a regulation
Recital 13
Recital 13
(13) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote and advance gender equality and mainstreaming, the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights, as well as prevent and combat violence against women and domestic violence, in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance.
Amendment 216 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and improves, upholds effective democratic mechanisms and institutions, including a functioning multi-party parliamentary system, media freedom and the rule of law, and to guarantees respect for all human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligat including but not limited to LGBTQ communities. Another pre-condition should be full alignment with the Union's stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationcommon foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 228 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations
Amendment 232 #
Proposal for a regulation
Recital 19
Recital 19
(19) The financial liability from loans under this Facility should not be supported by the External Action Guarantee, by way of derogation from Article 31(3), second sentence of Regulation (EU) 2021/947. Loans type of support under this Facility should constitute financial assistance within the meaning of Article 220(1) of Regulation (EU, Euratom) 2018/1046. An indicative amount of financing for each Beneficiary should be calculated based on the formula laid down in Annex I, combining the population share of a Beneficiary over the overall population of the Western Balkans region and the average GDP per capita for the Western Balkans region over the GDP per capita of the respective Beneficiary, weighing the two factors with 60% and 40% respectively. If the payment conditions for the release of funds are not met, the Commission may redistribute part of or the entire amount to other Beneficiaries, and if not used then the amount shall be returned to the European budget.
Amendment 234 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure an efficient implementation of the Facility, including the facilitation of the Western Balkans Beneficiaries’ integration in European value chains, all supplies and materials financed and procured under this Facility should originate from Member States, Beneficiaries, Ukraine, Moldova, Georgia, as well as contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 of the European Parliament and of the Council10 and Annex I to Regulation (EU) 2021/1529 and countrieswhich provide a level of support to Beneficiaries comparable to the one provided by the European Union in order to develop our autonomic strategy, while taking into account the size of their economy and for which reciprocal access to external assistance in Beneficiaries is established by the Commission, unless the supplies and materials cannot be sourced at reasonable conditions in any of those countries. _________________ 10 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).
Amendment 236 #
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent and prioritised set of targeted reforms aligned with EU values and investment priorities in each Western Balkans Beneficiary (a Reform Agenda), providing a framework for boosting socio-economic growth, clearly articulated and aligned with Union accession requirements. The Reform Agenda will serve as an overarching framework to achieve the objectives of this Facility. The Reform Agenda should be prepared in close consultation with relevant stakeholders, including national parliaments, regional and local representative bodies and authorities, social partners and civil society organisations.
Amendment 264 #
Proposal for a regulation
Recital 33
Recital 33
(33) In case of redistribution of support under this Facility which would lead to additional support to a Beneficiary, this Beneficiary should submit to the Commission and the Parliament a revised Reform Agenda with additional measures to be achieved.
Amendment 270 #
Proposal for a regulation
Recital 39
Recital 39
(39) In order to maximise the leverage of Union financial support to attract additional investment, and to ensure EU control over the expenditure, the infrastructure investments supporting the Reform Agendas should be implemented through the WBIF. Individual projects or programmes should be submitted to the WBIF Operational Board for its opinion only upon completion of relevant payment conditions defined in the Reform Agendas. In case of non-fulfilment of relevant payment conditions for investments within one year, the Commission may redistribute the investment funding under the WBIF among the remaining Beneficiaries and if not used then the amount shall be reinvested in the European budget.
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of socio-economic reforms aligned with EU values and investments to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 295 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘Reform Agendas’ means a comprehensive package of a coherent and prioritised set of targeted reforms aligned with EU values and priority investment areas in each Beneficiary, including payment conditions that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures.
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) accelerate alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment and reduce strategic dependencies;
Amendment 315 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) strengthen environmental protection and accelerate green transition in line with the 2020 Green Agenda for the Western Balkans and covering all economic sectors, particularly energy, including the transition towards de- carbonised climate-neutral, climate- resilient and circular economy;
Amendment 330 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies, with particular emphasis on youth;
Amendment 335 #
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the fundamentals of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, through promoting an independent judiciary, reinforced security,strengthening democratic institutions, in particular national parliaments, as well as regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, promoting an independent judiciary, reinforced security, including cybersecurity and resilience against disinformation, strengthening the fight against fraud, corruption, including high level corruption, organised crime and money laundering and terrorism financing, tax avoidance, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to all minorities such as ethnic, religious, LGBTQ communities;
Amendment 346 #
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the effectiveness of public administration, ensure access to information and the participation of civil society in decision making processes and public scrutiny, and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control; support initiatives and bodies involved in supporting and enforcing democracy, international justice and anti-corruption efforts in the Western Balkans Beneficiaries.
Amendment 380 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relation including but not limited to LGBTQ communities.
Amendment 389 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1 (new)
Article 5 – paragraph 1 – point 1 (new)
(1) Another precondition shall be full alignment with the Union's common foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular,such cases, shall withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 409 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Depending on the required operational and financial capacity, the entrusted entity implementing blending operations may be the European Investment Bank or the European Investment Fund,group, a multilateral internationalEuropean financial institutions, such as the European Bank for Reconstruction and Development, or bilateral European finance institutions, such as development banks. Whenever possible, t or the World Bank Group. Whenever possible, non-European multilateral financial institutions may participate in the Facility through joint operations with European financial institutions. The implementation of blending operations under the Facility shall be complemented by additional forms of financial support, from either Member States or third parties.
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) Member States, Beneficiaries, and contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 and Annex I to Regulation (EU) 2021/1529, as well as in Ukraine, Moldova and Georgia;
Amendment 413 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) countries which provide a level of support to Beneficiaries comparable to the one provided by the European Union taking into account the size of their economy and for which reciprocal access to external assistance in Beneficiaries is established by the Commission in line with our strategic autonomy.
Amendment 437 #
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) the obligations referred to in Articles 22 and 23, including precise rules and timeframe on collection of data by the Beneficiary and access for the Commission the European Court of Auditors and OLAF;
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Facility shall incentivise the implementation of the Reform Agenda of each Beneficiary by putting payment conditions on the release of funds. These payment conditions shall apply to funds under Article 6(2) point (a) and Article 6(3) and shall take the form of qualitative or quantitative steps. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, EU values, rule of law, justice and fundamental rights, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
Funds under the Facility will not support activities or measures which could compromise the sovereignty, unity and territorial integrity of Bosnia and Herzegovina.
Amendment 464 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investments, the fight against fraud, corruption and organised crime and measures to ensure compliance with preconditions if appropriate;
Amendment 488 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the relevance, comprehensiveness and appropriateness of each Beneficiary’s Reform Agenda or, where applicable, any amendment to that Agenda, without undue delay. When carrying out its assessment, the Commission shall act in close cooperation with the Beneficiary concerned, and may make observations, require to review and/or modify or seek additional information.
Amendment 493 #
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) whether the Reform Agenda can be expected to accelerate the transition of the Beneficiaries towards sustainable, climate- neutral and climate resilient and inclusive economies by improving regional connectivity, making progress on the twin transition of green and digital, including biodiversity, and boostingreducing strategic dependencies and boosting research and innovation, education and skills and the wider labour market, with particular attention on youth;
Amendment 528 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The Commission may reduce the amount of the non-repayable financial support, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or of the loan, in the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by the Beneficiary, or a serious breach of an obligation resulting from the Facility Agreements or from the Loan Agreements, including on the basis of information provided by OLAF and the European Court of Auditors' reports.
Amendment 535 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) expressly authorise the EPPO to exert its rights as provided for in Regulation 2017/1939.
Amendment 551 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The recipients of Union funding shall, especially governmental and other public institutions, shall actively and transparently acknowledge the origin and ensure the visibility of the Union funding, including, where applicable, by displaying the emblem of the Union and an appropriate funding statement that reads ‘funded by the European Union’, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 552 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. The recipients’ future access to Union funding shall be conditional upon fulfilling the visibility criteria as defined in paragraph 2.