18 Amendments of Iskra MIHAYLOVA related to 2016/0282(COD)
Amendment 36 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 63 #
Proposal for a regulation
Recital 178
Recital 178
Amendment 98 #
Proposal for a regulation
Article 125
Article 125
Amendment 110 #
Proposal for a regulation
Article 264 – paragraph 1 – point 1 a (new)
Article 264 – paragraph 1 – point 1 a (new)
Regulation (EU) No 1301/2013
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Amendment 125 #
Proposal for a regulation
Article 265 – paragraph 1 – point 6
Article 265 – paragraph 1 – point 6
Regulation (EU) No 1303/2013
Article 30a
Article 30a
Amendment 133 #
Proposal for a regulation
Article 265 – paragraph 1 – point 10 - point b a (new)
Article 265 – paragraph 1 – point 10 - point b a (new)
Regulation (EU) No 1303/2013
Article 37 – paragraph 8
Article 37 – paragraph 8
(ba) paragraph 8 is replaced by the following: “8. Final recipients supported by an ESI Fund financial instrument may also receive assistance from another ESI Funds priority or programme or from another instrument supported by the budget of the Union or from the European Fund for Strategic Investments, in accordance with applicable Union State aid rules. In that case, separate records shall be maintained for each source of assistance and the ESI Funds financial instrument support shall be part of an operation withgive rise to eligible expenditure distinct from the other sources of assistance.”
Amendment 136 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point a
Article 265 – paragraph 1 – point 11 – point a
Regulation (EU) No 1303/2013
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
“(c) financial instruments allowing for the combination ofcombining such contribution with EIB financial products under the European Fund for Strategic Investment in accordance with Article 39a.”
Amendment 160 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a - title
Article 39a - title
Contribution of ESI Funds to financial instruments allowing for the combination of suchcombining contribution with EIB financial products under the European Fund for Strategic Investments
Amendment 162 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 1
Article 39a – paragraph 1
1. Member Statanaging authorities in coordination with Monitoring Committees may use ESI Funds to provide a contribution to financial instruments referred to in point (c) of Article 38(1) to attract additional private sector investment.
Amendment 166 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 2
Article 39a – paragraph 2
2. The contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients. In the less developed and transition regions referred to in point (b), (c) and (d) of Article 120(3), the financial contribution may exceed 25% where duly justified by the ex-ante assessment or preparatory assessment undertaken by the EIB under paragraph 3 of this Article, but shall not exceed 50%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi-equity investments provided to final recipients. The guaranteed loans referred to in this paragraph shall only be taken into account to the extent that ESI Funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment or preparatory assessment undertaken by the EIB under paragraph 3 of this Article covering a multiple amount of new loans.
Amendment 169 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 4
Article 39a – paragraph 4
4. Reporting by managing authorities under Article 46 on operations comprising financial instruments under this Article shall be based on the information kept by the EIB for the purposes of its reporting pursuant to Article 16(1) and (2) of the EFSI Regulation, supplemented by the additional information required under Article 46(2). Requirements under this paragraph shall allow for uniform reporting conditions in accordance with Article 46(3) of this Regulation.
Amendment 175 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 6
Article 39a – paragraph 6
6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 and 5 of this article shall ensure compliance with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in EU legislation including Commission recommendations and communications or any formal notice by the latter. They shall not be established and, in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co-operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements.
Amendment 176 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 7
Article 39a – paragraph 7
7. The bodies referred to in paragraph 2 and 5 of this Article, when implementing funds of funds, may further entrust part of the implementation to financial intermediaries provided that those bodies ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in Articles 201(4) and 202(1) and (2) of the Financial Regulation. The financial intermediaries shall be selected on the basis of open, transparent, proportionate and non-discriminatory procedures, avoiding conflict of interest.
Amendment 178 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 8
Article 39a – paragraph 8
8. Where managing authorities or another entity contribute ESI Funds programme resources to an existing instrument under point (c) of Article 38(1), the fund manager of which (including a financial intermediary) has already been selected by the EIB, international financial institutions in which a Member State is a shareholder, or a publicly-owned bank or financial institution, established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under Article 38(4)(b)(iii), they shall entrust implementation tasks to this fund manager or financial intermediary through the award of a direct contract.
Amendment 200 #
Proposal for a regulation
Article 265 – paragraph 1 – point 15 a (new)
Article 265 – paragraph 1 – point 15 a (new)
Regulation (EU) No 1303/2013
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
15a. In Article 42, paragraph 3, the first subparagraph is replaced by the following: “ In the case of equity-based instruments targeting enterprises referred to in Article 37(4) for which the funding agreement referred to in point (b) of Article 38(7) was signed before 31 December 20178, which by the end of the eligibility period invested at least 55 % of the programme resources committed in the relevant funding agreement, a limited amount of payments for investments in final recipients to be made for a period not exceeding fourive years after the end of eligibility period may be considered as eligible expenditure, when paid into an escrow account specifically set up for that purpose, provided that State aid rules are complied with and that all of the conditions set out below are fulfilled.
Amendment 201 #
Proposal for a regulation
Article 265 – paragraph 1 – point 15 b (new)
Article 265 – paragraph 1 – point 15 b (new)
Regulation (EU) No 1303/2013
Article 42 – paragraph 3 – subparagraph 2 – point c
Article 42 – paragraph 3 – subparagraph 2 – point c
Amendment 203 #
Proposal for a regulation
Article 265 – paragraph 1 – point 16
Article 265 – paragraph 1 – point 16
Regulation (EU) No 1303/2013
Article 42 – paragraph 5 – subparagraph 1
Article 42 – paragraph 5 – subparagraph 1
“Where management cost and fees as referred to in point (d) of the first subparagraph of paragraph 1 and in paragraph 2 of this Article are charged by the body implementing the fund of funds or bodies implementing financial instruments pursuant to point (c) of Article 38(1) and points (a), (b) and (bc) of Article 38(4), they shall not exceed the thresholds defined in the delegated act referred to in paragraph 6 of this Article. Whereas management costs shall comprise direct or indirect cost items reimbursed against evidence of expenditure, management fees shall refer to an agreed price for services rendered established via a competitive market process, where applicable. Management costs and fees shall be based on a performance based calculation methodology.;”
Amendment 234 #
Proposal for a regulation
Article 265 – paragraph 1 – point 25 – point b
Article 265 – paragraph 1 – point 25 – point b
Regulation (EU) No 1303/2013
Article 65 – paragraph 11
Article 65 – paragraph 11
11. An operation may receive support from one or more ESI Funds or from one or more programmes and from other Union instruments, provided that the expenditure declared in a payment application for one of the ESI Funds does not receivrelates to support distinct from the support from another Fund or Union instrument, or support from the same Fund under another programme. The amount of expenditure to be entered into a payment application of an ESI Fund may be calculated for each ESI Fund on a pro rata basis in accordance with the document setting out the conditions for support.