25 Amendments of Daniel BUDA related to 2020/0101(COD)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) Member States have been affected by the crisis due to the consequences of the COVID-19 pandemic in an unprecedented manner. The crisis hampers growth in Member States, which in turn aggravates the serious liquidity shortages due to the sudden and important increase in public investments needed in their health systems and other sectors of their economies, as a result of the temporary closure of economic activity. This has created an exceptional situation which needs to be addressed with specific measures, their objective being job creation and the preservation of business fabric.
Amendment 45 #
Proposal for a regulation
Recital 2
Recital 2
(2) In order to respond to the impact of the crisis, Regulations (EU) No 1303/2013 and (EU) No 1301/2013 were amended on 30 March 2020 to allow more flexibility in the implementation of the operational programmes supported by the European Regional Development Fund ('ERDF'), the European Social Fund ('ESF') and the Cohesion Fund (the 'Funds') and by the European Maritime and Fisheries Fund ('EMFF'). However, as the serious negative effects on Union economies and societies worsened, both Regulations were amended again on 23 April 2020 to provide exceptional additional flexibility to enable the Member States to concentrate on the necessary response to the unprecedented crisis by enhancing the possibility to mobilise non-utilised support from the Funds and by simplifying procedural requirements linked to programme implementation and audits, so that final users may access financing that has so far been inaccessible.
Amendment 47 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to redress huge shocks to the economy stemming from the exceptional restrictions put in place by Member States to contain the COVID-19 spreading and the risks of an asymmetric recovery stemming from the different national means available in different Member States resulting in serious impacts on the functioning of the Internal Market, the European Council endorsed on 23 April 2020 the “Roadmap for recovery” with a strong investment component, called for the establishment of the European Recovery Fund and mandated the Commission to analyse the needs so that the resources would be targeted towards the sectors and geographical parts of the Union most affected, as stated in the conclusions of the European Council on 21 July 2020 (EUCO10/20), while clarifying also the link with the Multiannual Financial Framework for 2021-2027.
Amendment 68 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to allow maximum flexibility to Member States for tailoring crisis repair actions in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of health systems and the economy, allocations should be established by the Commission at Member State level. Furthermore,, while taking into consideration those most impacted by the crisis. Furthermore, it should provide the possibility for usingof use of any additional resources to support aid for the most deprived should also be provided for. In addition, it is necessary to establish ceilings concerning the allocation to technical assistance at the initiative of the Member States while allowing maximum flexibility to the Member States as to its allocation within operational programmes supported by the ERDF or the ESF. It should be clarified that there is no need to respect the ESF minimum share for the additional resources. Nevertheless, the fact that the operational strength of the ESF should be maintained must not be disregarded. Taking account of the expected quick spending of the additional resources, the commitments linked to those additional resources should only be decommitted at the closure of the operational programmes.
Amendment 69 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to allow maximum flexibility to Member States for tailoring crisis repair actions in the context of the COVID-19 pandemic orand preparing a green, digital and resilient recovery of the economy, allocations should be established by the Commission at Member State level. Furthermore, the possibility for using any additional resources to support aid for the most deprived should also be provided for. In addition, it is necessary to establish ceilings concerning the allocation to technical assistance at the initiative of the Member States while allowing maximum flexibility to the Member States as to its allocation within operational programmes supported by the ERDF or the ESF. It should be clarified that there is no need to respect the ESF minimum share for the additional resources. Taking account of the expected quick spending of the additional resources, the commitments linked to those additional resources should only be decommitted at the closure of the operational programmes, but the operational strength of the ESF must be maintained.
Amendment 70 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to allow maximum flexibility to Member States for tailoring crisis repair actions in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy, allocations should be established by the Commission at Member State level, taking into account those regions most affected. Furthermore, the possibility for using any additional resources to support aid for the most deprived should also be provided for. In addition, it is necessary to establish ceilings concerning the allocation to technical assistance at the initiative of the Member States while allowing maximum flexibility to the Member States as to its allocation within operational programmes supported by the ERDF or the ESF. It should be clarified that there is no need to respect the ESF minimum share for the additional resources. Taking account of the expected quick spending of the additional resources, the commitments linked to those additional resources should only be decommitted at the closure of the operational programmes.
Amendment 75 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5 , Member States should continue to be allowed to use the additional resources primarily for investments in products and services for health services, for providingincluding cross-border health services. Resources should be used to provide equal services for all citizens, as well as support in the form of working capital or investment support to SMEs, in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens living in rural, insular, mountainous and outermost regions, or economic support measures for those regions most dependent on sectors most affected by the crisis, such as tourism which generates about 10% of the EU's GDP, employs about 13 million workers and is the fourth largest export industry. The data shows that it is necessary to revitalize this economic sector as soon as possible, and it is especially important for all Member States in which tourism is of strategic importance. Technical assistance should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “"Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”", which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
Amendment 89 #
Proposal for a regulation
Recital 10
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support the modernisation of the labour market, health and social systems, as well as comprehensive lifelong learning strategies in order to negate long-term unemployment and support job maintenance, including through short-time work schemes and significant support to self-employed, job creation, in particular for people in vulnerable situations and those who are living in rural, insular, mountainous and outermost regions, support to youth employment measures, education and training, skills development and to enhance access to social services of general interest, including for children for all citizens, including children. Special attention should be given to measures supporting training and mobilisation of health and social care workers, particularly in the context of increasing resilience for potential future crises. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by the national law. Union support to those short-time work schemes should be limited in time.
Amendment 90 #
Proposal for a regulation
Recital 10
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support job maintenance, including through short-time work schemes and support to self-employed, job creation, in particular for people in vulnerable situations, support to youth employment measures, education and training, skills development and to enhance access to social services of general interestincluding self-employment and entrepreneurship policies, education, training and lifelong learning, skills development, as well as reskilling and upskilling, and to enhance access to social services of general interest, for those that have been hit harder by this pandemic, the elderly population and those with mental health illness, including foralso children. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short- time work schemes should be limited in time and focused on improving the employability of that population on a medium basis.
Amendment 92 #
Proposal for a regulation
Recital 10
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to invest in education in general, and in particular to support job maintenance, including through short-time work schemes and support to self-employed, job creation, in particular for people in vulnerable situations, support to youth employment measures, education and training, skills development and to enhance access to social services of general interest, including for children. As it remains important to delay the spread of the Coronavirus so as to avoid additional confinement measures which risk impeding the successful repair and recovery of the economy, it should be possible for the ESF to continue supporting this kind of operations with the additional resources. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short-time work schemes should be limited in time.
Amendment 102 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) With a view to ensuring access to healthcare systems, it should be made explicit that all operations aimed at delaying the spread of the Coronavirus may be programmed under the corresponding ESF investment priority. Therefore, these measures should apply as from the outbreak of COVID-19. In order to facilitate implementation, uniform rules should apply to short-time work schemes supported by the ESF following the COVID-19 pandemic, irrespective of whether these schemes are supported by the additional resources or not.
Amendment 104 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that Member States have sufficient financial means to swiftly implement crisis repair actions in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of health systems and the economy, it is necessary to provide a higher level of initial pre- financing payment or, where applicable, annual pre- financing, for the quick implementation of actions supported by the additional resources. This pre-financing rate will serve as a defence mechanism against the economic and social consequences, as the beneficiaries of the Funds need a strong momentum in ensuring the financial liquidity. The initial pre- financing to be paid should ensure that Member States have the means to arrange for advance payments to beneficiaries where necessary and to reimburse beneficiaries quickly following the submission of payment claims, as more current available resources mean more opportunities to react.
Amendment 132 #
Proposal for a regulation
Recital 15
Recital 15
(15) With a view to allow the targeting of these additional resources to the geographic areas where they are most needed, as an exceptional measure and without prejudice to the general rules for allocating Structural Funds resources, the additional resources allocated to the ERDF and the ESF are not to be broken down per category of region. However, Member States are expected to take into account the different regional needs, investment priorities and development levels in order to ensure that focus is maintained on less developed regions, in accordance with the objectives of economic, social and territorial cohesion set out in Article 173 TFEU. Member States should also involve local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principles.
Amendment 160 #
By way of derogation from Articles 86(2) and 136(1), the commitments for additional resources shall be decommitted in accordance with the rules to be followed for the closure of the programmeson 31 December 2024. By way of derogation from Article 65(2), where applicable, expenditure shall be eligible for a contribution from the ESI Funds if it has been incurred by a beneficiary and paid between the date of submission of the programme to the Commission or from 1 January 2014, whichever is earlier, and 31 December 2024. By way of derogation form Article 136(2), that part of commitments still open on 31 December 2023 or 31 December 2024 shall be decommitted if any of the documents required under Article 141(1) has not been submitted to the Commission by the deadline set out in Article 141(1).
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 1
Article 92 b – paragraph 8 – subparagraph 1
8. The additional resources not allocated to technical assistance shall be used under the thematic objective set out in paragraph 10 to support operations fostering crisis repair in the context of the COVID-19 pandemic or, focusing for example on the revitalization of tourism, health and other hardest-hit sectors, as well as preparing a green, digital and resilient recovery of the economy.
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 2
Article 92 b – paragraph 8 – subparagraph 2
Member States may allocate the additional resources either to one or more separate priority axes within an existing operational programme or programmes or to a new operational programme referred to in paragraph 11. By way of derogation from Article 26(1), the programme shall cover the period until 31 December 2022, subject to paragraph 4 abovof this Article.
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 3
Article 92 b – paragraph 8 – subparagraph 3
For the ERDF, the additional resources shall primarily be used to support investment in products and services for health infrastructure, systems and services, including cross-border health services, to provide support in the form of working capital or investment and advisory support to SMEs, investments contributing to the transition towards a digital and green economy, investments in infrastructure providing basic services to citizens living in rural, insular, mountainous and outermost regions, and economic measures in the regions which are most dependent on sectors most affected by the crisis such as tourism. Additional resources may also be used to develop centres of excellence for specific diseases and health crises around the EU by providing financial support for the procurement of medicinal products and medical devices, as well as supporting the additional specialization of already established centres for complex diseases and virus research, which will enable equal access to health care, reduce unmet medical needs and increase resilience to future health crises.
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 3
Article 92 b – paragraph 8 – subparagraph 3
For the ERDF, the additional resources shall be eligible as of 1 February 2020 and be primarily be used to support investment in products and services for health services, to provide support in the form of working capital or investment support to SMEs, investments contributing to the transition towards a digital and green economy, investments in infrastructure providing basic services to citizens, and economic measures in the regions which are most dependent on sectors most affected by the crisis. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 4
Article 92 b – paragraph 8 – subparagraph 4
For the ESF, the additional resources shall primarily be used to support the modernisation of the labour market, health and social systems, as well as comprehensive lifelong learning strategies in order to negate long-term unemployment and support job maintenance, including through short-time work schemes and significant support to self- employed, even when that support is not combined with active labour market measures, unless the latter are imposed by national law. The additional resources shall also support job creation, in particular for people in vulnerable situations and for those living in rural, insular, mountainous and outermost regions, youth employment measures, education and training, skills development, in particular to support the twin green and digital transitions, and to enhance access to social services of general interest, including for children. Special attention shall be given to measures supporting training and the mobilisation of health and social care workers, particularly in the context of increasing resilience for potential future crises.
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 4
Article 92 b – paragraph 8 – subparagraph 4
For the ESF, the additional resources shall be eligible as of 1 February 2020 and be primarily be used to support job maintenance, including through short-time work schemes and support tofor employees and schemes supporting the self- employed, even when that support is not combined with active labour market measures, unless the latter are imposed by national law. The additional resources shall also support job creation, in particular for people in vulnerable situations, youth employment measures, education and training, skills development, in particular to support the twin green and digital transitions, and to enhance access to social services of general interest, including for children. All ESF operations fostering crisis response capacity, including short- term work schemes, in the context of the COVID-19 pandemic may be programmed under the investment priority referred to in Article 3(1)(a)(i),(ii) and (v) and Article 3(1)(b)(iv) of Regulation (EU) No 1304/2013. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 a (new)
Article 92 b – paragraph 10 a (new)
10a. By way of derogation from Article 65(4), in the case of costs reimbursed pursuant to points (b) and (c) of the first subparagraph of Article 67(1), the actions constituting the basis for reimbursement shall be carried out between 1 January 2014 and 31 December 2024.
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 b (new)
Article 92 b – paragraph 10 b (new)
10b. By way of derogation from Article 141(1), in addition to the documents referred to in Article 138, for the final accounting year from 1 July 2024 to 30 June 2025, Member States shall submit a final implementation report for the operational programme or the last annual implementation report for the operational programme supported by the EMFF.
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 c (new)
Article 92 b – paragraph 10 c (new)
10c. By way of derogation from Article 136(2), that part of commitments still open on 31 December 2023 and on 31 December 2024 shall be decommitted if any of the documents required under Article 141(1) has not been submitted to the Commission by the deadline set out in Article 141(1).
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 11 a (new)
Article 92 b – paragraph 11 a (new)
11a. By way of derogation from Article 65(2), expenditure shall be eligible for a contribution from the ESI Funds if it has been incurred by a beneficiary and paid between the date of submission of the programme to the Commission or from 1 January 2014, whichever is earlier, and 31 December 2024.
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92b – paragraph 12 – point d
Article 92b – paragraph 12 – point d