BETA

Activities of Miguel VIEGAS related to 2018/0196(COD)

Shadow opinions (2)

2016/11/22
Committee: AGRI
Dossiers: 2018/0196(COD)
Documents: PDF(218 KB) DOC(134 KB)

2016/11/22
Committee: ECON
Dossiers: 2018/0196(COD)
Documents: PDF(201 KB) DOC(159 KB)

Amendments (45)

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 the 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 aArticle 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. 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. 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.

2018/10/15
Committee: ECON

Proposal for a regulation
Recital 12

(12) At Union level, the European Semester of economic policy coordination 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 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 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.deleted

2018/10/15
Committee: ECON

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. 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.deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Recital 16

~~(16) Each Member State should have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State.~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Recital 19

(19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on ~~programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024~~the changes in the socio-economic situation in individual countries. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.

2018/10/15
Committee: ECON

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

2018/10/15
Committee: ECON

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 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 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).

2018/10/15
Committee: ECON

Proposal for a regulation
Recital 63

(63) Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation]25 will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). ~~Building on the successful approach of the 2014-2020 programming period,~~ EUR 10 000 000 000 of the Cohesion Fund should be transferred to the CEF for this purpose, except where this entails a decrease in the Cohesion Fund budget within the 2021-2027 Multiannual Financial Framework compared with the previous framework. _________________ 25 Regulation (EU) […] of the European Parliament and of the Council of […] on [CEF] (OJ L […], […], p. […])]

2018/10/15
Committee: ECON

Proposal for a regulation
Article 2.º – paragraph 1 – point 1

(1) 'relevant country specific recommendations' mean Council recommendations adopted in accordance with Article 121(2) and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;deleted

2018/10/15
Committee: ECON

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

(a) a ~~smarter Europe by promoting innovative and smart economic transformation~~Union to promote real convergence and even out the inequalities in socio-economic development levels within and between Member States;

2018/10/15
Committee: ECON

Proposal for a regulation
Article 4.º – paragraph 4

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

2018/10/15
Committee: ECON

Proposal for a regulation
Article 6.º – paragraph 2

2. In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and implementation of programmes, including through participation in monitoring committees in accordance with Article 34. If the programmes in question are cross- border programmes, the Member States involved shall include their partners from all participating Member States.

2018/10/15
Committee: ECON

Proposal for a regulation
Article 9.º – paragraph 1

1. The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund- specific rules. ~~In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.~~

2018/10/15
Committee: ECON

Proposal for a regulation
Article 10.º

~~[...]~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 14.º – paragraph 1 – point a

~~(a) the challenges identified in relevant country-specific recommendations adopted in 2024;~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 15.º

~~[...]~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Recital 12

(12) At Union level, the European Semester of economic policy coordination 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 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 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.deleted

2018/10/02
Committee: AGRI

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. 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.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 17.º – paragraph 3 – subparagraph 1 – point a – point iii

~~(iii) challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 18.º – paragraph 1

1. The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. ~~In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.~~

2018/10/15
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) Investment for jobs and growth in Member States and regions, to be supported by the ERDF, the ESF+ and the Cohesion Fund; ~~and~~the ERDF should help bring about true convergence and reduce disparities between the levels of development between the various regions.

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 35.º – paragraph 1 – point c

~~(c) the contribution of the programme to tackling the challenges identified in the relevant country-specific recommendations;~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 52.º – paragraph 2 a (new)

2a. Financial instruments shall not replace non-repayable aid and may be used only to complement it.

2018/10/15
Committee: ECON

Proposal for a regulation
Article 60.º – paragraph 1

1. Expenditure directly or indirectly supporting relocation as defined in Article 2(26) shall not be eligible for a contribution from the Funds. The managing authority shall ensure that: (a) no contribution is granted to a beneficiary which has carried out a relocation in the five years preceding the application for a contribution; and (b) the beneficiary undertakes to refrain from relocating within five years after it has received a contribution from the Funds. Where a beneficiary carries out a relocation within five years after receiving a contribution, the managing authority shall ensure that the contribution is paid back in full.

2018/10/15
Committee: ECON

Proposal for a regulation
Article 60.º – paragraph 2 a (new)

2a. The managing authority shall ensure that where this Article has been infringed, the contribution which the beneficiary has received is paid back in full.

2018/10/15
Committee: ECON

Proposal for a regulation
Article 79

Adjustment during the programming period 1. Where the Commission or the audit authority conclude, based on the audits carried out and the annual control report, that the conditions set out in Article 78 are no longer fulfilled, the Commission shall request the audit authority to carry out additional audit work in accordance with Article 63(3) and take remedial actions. 2. Where the subsequent annual control report confirms that the conditions continue not to be fulfilled, thus limiting the assurance provided to the Commission on the effective functioning of the management and control systems and of the legality and regularity of expenditure, the Commission shall request the audit authority to carry out system audits. 3. The Commission may, after having given to the Member State the opportunity to present its observations, inform the Member State that the enhanced proportionate arrangements set out in Article 77 shall no longer be applied.rticle 79 deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 15

~~[...]~~deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 1

1. The Commission may request a Member State to review and propose amendments to relevant programmes, where this is necessary to support the implementation of relevant Council Recommendations. Such a request may be made for the following purposes: (a) relevant country-specific recommendation adopted in accordance with Article 121(2) TFEU and of a relevant Council recommendation adopted in accordance with Article 148(4) TFEU, addressed to the Member State concerned; (b) relevant Council Recommendations addressed to the Member State concerned and adopted in accordance with Articles 7(2) or 8(2) of Regulation (EU) No 1176/201139of the European Parliament and of the Council provided that these amendments are deemed necessary to help correct the macro-economic imbalances. _________________ 39 Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).deleted to support the implementation of a to support the implementation of

2018/10/02
Committee: AGRI

2. A request by the Commission to a Member State in accordance with paragraph 1 shall be justified, with reference to the need to support the implementation of the relevant recommendations and shall indicate the programmes or priorities which it considers are concerned and the nature of the amendments expected.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3

3. The Member State shall submit its response to the request referred to in paragraph 1 within two months of its receipt, setting out the amendments it considers necessary in the relevant programmes, the reasons for such amendments, identifying the programmes concerned and outlining the nature of the amendments proposed and their expected effects on the implementation of recommendations and on the implementation of the Funds. If necessary, the Commission shall make observations within one month of the receipt of that response.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 4

~~4. The Member State shall submit a proposal to amend the relevant programmes within two months of the date of submission of the response referred to in paragraph 3.~~deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 5

5. Where the Commission has not submitted observations or where it is satisfied that any observations submitted have been duly taken into account, it shall adopt a decision approving the amendments to the relevant programmes in accordance with the time limit set out in Article [19(4)].deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 6

6. Where the Member State fails to take effective action in response to a request made in accordance with paragraph 1, within the deadlines set out in paragraphs 3 and 4, the Commission may suspend all or part of the payments for the programmes or priorities concerned in accordance with Article 91.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 7

7. The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases: (a) where the Council decides in accordance with Article 126(8) or Article 126(11) TFEU that a Member State has not taken effective action to correct its excessive deficit; (b) successive recommendations in the same imbalance procedure, in accordance with Article 8(3) of Regulation (EU) No 1176/2011 of the European Parliament and of the Council40on the grounds that a Member State has submitted an insufficient corrective action plan; (c) successive decisions in the same imbalance procedure in accordance with Article 10(4) of Regulation (EU) No 1176/2011 establishing non-compliance by a Member State on the grounds that it has not taken the recommended corrective action; (d) where the Commission concludes that a Member State has not taken measures as referred to in Council Regulation (EC) No 332/200241and as a consequence decides not to authorise the disbursement of the financial assistance granted to that Member State; (e) Member State does not comply with the macro-economic adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 of the European Parliament and of the Council42, or with the measures requested by a Council decision adopted in accordance with Article 136(1) TFEU. Priority shall be given to the suspension of commitments; payments shall be suspended only when immediate action is sought and in the case of significant non- compliance. The suspension of payments shall apply to payment applications submitted for the programmes concerned after the date of the decision to suspend. The Commission may, on grounds of exceptional economic circumstances or following a reasoned request by the Member State concerned addressed to the Commission within 10 days of adoption of the decision or recommendation referred to in the previous sub-paragraph, recommend that the Council cancel the suspension referred to in the same sub- paragraph. _________________ 40 Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25). 41 Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002). 42 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).deleted where the Council adopts two where the Council adopts two where the Council decides that a

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 8

8. A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within one month of the submission of the Commission proposal. The suspension of commitments shall apply to the commitments from the Funds for the Member State concerned from 1 January of the year following the decision to suspend. The Council shall adopt a decision, by means of an implementing act, on a proposal by the Commission referred to in paragraph 7 in relation to the suspension of payments.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 9

9. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 10

10. The suspension of commitments shall be subject to a maximum of 25 % of the commitments relating to the next calendar year for the Funds or 0,25 % of nominal GDP whichever is lower, in any of the following cases: (a) with an excessive deficit procedure as referred to under point (a) of paragraph 7; (b) deleted in the first case of non-compliance ~~relat~~ing to a corrective action plan under an excessive imbalance procedure as referred to under point b of paragraph 7; (c) recommended corrective action pursuant to an excessive imbalance procedure as referred to under point (c) of paragraph 7; (d) as referred to under points (d) and (e) of paragraph 7. In case of persistent non-compliance, the suspension of commitments may exceed the maximum percentages set out in the first sub-paragraph.he first case of non- in case of non-compliance with the in the first case of non-compliance

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 11

11. The Council shall lift the suspension of commitments on a proposal from the Commission, in accordance with the procedure set out in paragraph 8, in the following cases: (a) procedure is held in abeyance in accordance with Article 9 of Council Regulation (EC) No 1467/9743or the Council has decided in accordance with Article 126(12) TFEU to abrogate the decision on the existence of an excessive deficit; (b) the corrective action plan submitted by the Member State concerned in accordance with Article 8(2) of Regulation (EU) No 1176/2011 or the excessive imbalance procedure is placed in a position of abeyance in accordance with Article 10(5) of that Regulation or the Council has closed the excessive imbalance procedure in accordance with Article 11 of that Regulation; (c) where the Commission has concluded that a Member State has taken appropriate measures as referred to in Regulation (EC) No 332/2002; (d) concluded that the Member State concerned has taken appropriate measures to implement the adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 or the measures requested by a decision of the Council in accordance with Article 136(1) TFEU. After the Council has lifted the suspension of commitments,deleted where the excessive deficit where the Council has endorsed where the Commission shall re-budget the suspended commitments in accordance with Article [8] of Council Regulation (EU, Euratom) [ […] (MFF regulation)]. Suspended commitments may not be re- budgeted beyond the year 2027. The decommitment time limit for the re- budgeted amount in accordance with Article 99 shall start from the year in which the suspended commitment has been re-budgeted. A decision concerning the lifting of the suspension of payments shall be taken by the Council on a proposal by the Commission where the applicable conditions set out in in the first sub- paragraph are fulfilled. _________________ 43 Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).s

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 12

12. The Commission shall keep the European Parliament informed of the implementation of this Article. In particular, the Commission shall, when one of the conditions set out in paragraph 7 is fulfilled for a Member State, immediately inform the European Parliament and provide details of the Funds and programmes which could be subject to a suspension of commitments. The European Parliament may invite the Commission for a structured dialogue on the application of this Article, having regard to the transmission of the information referred to in the first sub- paragraph. The Commission shall transmit the proposal for suspension of commitments or the proposal to lift such a suspension, to the European Parliament and to the Council.deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 15.º – paragraph 13

~~13. Paragraphs 1 to 12 shall not apply to priorities or programmes under Article [4(c)(v)(ii)] of ESF+ Regulation.~~deleted

2018/10/02
Committee: AGRI

Proposal for a regulation
Article 91.º – paragraph 1 – point d

~~(d) there is a reasoned opinion by the Commission in respect of an infringement under Article 258 of the TFEU that puts at risk the legality and regularity of expenditure~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 91.º – paragraph 1 – point e

~~(e) the Member State has failed to take the necessary action in accordance with Article 15(6).~~deleted

2018/10/15
Committee: ECON

Proposal for a regulation
Article 106.º – paragraph 3 – subparagraph 1 – point a

(a) 7085 % for the less developed regions;

2018/10/15
Committee: ECON

Proposal for a regulation
Article 106.º – paragraph 3 – subparagraph 1 – point b

(b) 575 % for the transition regions;

2018/10/15
Committee: ECON

Proposal for a regulation
Article 106.º – paragraph 3 – subparagraph 3

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 7085 %.

2018/10/15
Committee: ECON