45 Amendments of Ramona STRUGARIU related to 2022/0162(COD)
Amendment 107 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Where national authorities do not comply with the obligations laid down by this Regulation, in particular the general regime of conditionality for the protection of the Union budget EU authorities should use all the means at their disposal, in accordance with this Regulation, to directly provide local governments and NGOs with the funding they would have received if their national government had complied with the aforementioned obligations. Increased amount of direct funding for local governments and NGOs should be encouraged anyway when implementing this Regulation.
Amendment 112 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) In order to ensure the most comprehensive and complete data on beneficiaries of Union funds to be available in the single integrated IT system for data-mining and risk-scoring, while not increasing administrative burden, all data on final benefeciaries already collected by persons and entities implementing Union funds should be recorded in the IT system, irrespective of these beneficiaries being deemed as recipients of Union funds.
Amendment 113 #
Proposal for a regulation
Recital 28
Recital 28
(28) In accordance with the principle of transparency enshrined in Article 15 of the Treaty on the Functioning of the European Union (TFEU), Union institutions and Member States when implementing the EU budget are to conduct their work as openly as possible. With regard to budget implementation, the application of that principle implies that citizens as beneficiaries of and contributors to the budget should know where, and for what purpose, funds are spent by the Union. Such information fosters democratic debate, encourages the citizens' identification with and sense of community within the Union, contributes to the participation of citizens in the Union’s decision-making process, reinforces institutional control and scrutiny over Union expenditure, and contributes to boosting its credibility. Furthermore it boosts the visibility for EU policies, investments and the European Added Values. Communication should be more targeted and should aim to increase the visibility of the Union contribution for citizens. Such objectives should be achieved by the publication, preferably using modern communication tools, of relevant information concerning all funding opportunities, such as call for tenders etc. in all forms of management on a dedicated website and of relevant information concerning all recipients of funds financed from the budget which takes into account those recipients’ legitimate interests of confidentiality and security and, as far as natural persons are concerned, their right to privacy and the protection of their personal data. Union institutions should therefore adopt a selective approach in the publication of information, in accordance with the principle of proportionality. Decisions to publish should be based on relevant criteria in order to provide meaningful information.
Amendment 115 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In order to reduce administrative burden, the Commisson should take the information on recipients of Union funds to be published on a dedicated website from the single integrated IT system for data-mining and risk-scoring. Therefore, data to be recorded in the IT system for data-mining and risk-scoring should include and be aligned with the data to be published. As a result, persons and entities implementing Union funds will not need to transmit the same data more than once.
Amendment 119 #
Proposal for a regulation
Recital 43
Recital 43
(43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission should be added to the document annexed to the section of the budget relating to the Commission, including as a minimum detailed information on maturities, schedule of payments, interest due and the role of own resources in the repayment of the debt, should be added to the document annexed to the section of the budget relating to the Commission. That document should lay down the underlying data and the methodology used by the Commission to estimate the interest due, including through comprehensive graphs and figures.
Amendment 124 #
Proposal for a regulation
Recital 194 a (new)
Recital 194 a (new)
(194 a)By introducing a new category of a very low value grant of an amount of up to EUR 10 000, the lessons learned from providing small-scale support during the pandemic to small and medium-sized enterprises and individual applicants should be implemented. The new category would create efficiencies for the implementing partners and the Commission, while reducing bureaucracy for applicants
Amendment 126 #
Proposal for a regulation
Recital 219 b (new)
Recital 219 b (new)
(219 b)The model for a single funding method, and most elements of the infrastructure needed for its implementation, have already been established in the form of a diversified funding strategy under Council Decision (EU, Euratom) 2020/2053. That strategy has allowed the successful mobilisation of funds for grants and loans under Regulation (EU) 2021/241 of the European Parliament and of the Council and for a range of other Union programmes referred to in Council Regulation (EU) 2020/2094. To anticipate possible future borrowing and lending operations, which must respect the principles of budgetary neutrality and budgetary balance as set out in Article 310(1) of the Treaty on the Functioning of the European Union (TFEU), it is appropriate to establish a diversified funding strategy as the single funding method for implementation of borrowing operations.
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
(48) ‘non-governmental organisation’ means a voluntary, independent from government, non-profit organisation, which is not a political party or a trade union which is organized either on a local, national, European or international level to address issues in support of the public good;
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
(55) ‘professional conflicting interests’ means a situation in which the previous or ongoing professional activities of an economic operator or an employee of an economic operator, affect or risk affecting its capacity to perform a contract in an independent, impartial and objective manner;
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 73 a (new)
Article 2 – paragraph 1 – point 73 a (new)
Regulation 2018/1046
Article 2 – after (68)
Article 2 – after (68)
(73 a) 'very low value grant’ means a grant lower than or equal to EUR 10 000;
Amendment 147 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States and the Commission shall ensure respect for fundamental rights including equality between women and men, non- discrimination, and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget.
Amendment 154 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. A basic act may assign the revenue for which it providesThe European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may assign the revenue provided for a basic act to specific items of expenditure. Unless otherwise specified in the basic act, such revenue shall constitute internal assigned revenue.
Amendment 155 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c
Article 22 – paragraph 1 – subparagraph 1 – point c
(c) ain attachedthe statement of expenditure, an annex, forming an integral part of the budget, setting out all the budget lines for which internal or external assigned revenue is foreseen and providing information on the estimated amount of such revenue to be received; for each budget line, that information shall be broken down into the specific categories of assigned revenue referred to in Article 21(2), (3) and (5), including a justification for the choice of the foreseen category.
Amendment 156 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c a (new)
Article 22 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) in the case provided for in Article 21(5), commitment and payment appropriations shall be made available in the context of the budgetary procedure where external assigned revenue comes from specific additional financial contributions from Member States, including voluntary contributions, to Union programmes, instruments and activities.
Amendment 165 #
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) programmes and activities shouldall, where feasible, appropriate and proportionate, in accordance with the relevant sector-specific rule, be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems, as set out in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council51 . _________________ 51 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance), OJ L 198, 22.6.2020, p. 13.
Amendment 167 #
Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
Article 33 – paragraph 2 – point d a (new)
(d a) programmes and activities shall be implemented to achieve their set objectives respecting applicable working and employment conditions under relevant collective agreements, national and Union law.
Amendment 174 #
Proposal for a regulation
Article 36 – paragraph 6 – point a
Article 36 – paragraph 6 – point a
(a) the recipient’s full legal name in the case of legal persons, the first and last name in the case of natural persons, and their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth;
Amendment 175 #
Proposal for a regulation
Article 36 – paragraph 6 – point a a (new)
Article 36 – paragraph 6 – point a a (new)
(a a) the amount of funding committed and, in case of a commitment with multiple recipients, the breakdown of this amount per recipient where available.
Amendment 176 #
Proposal for a regulation
Article 36 – paragraph 6 – point a b (new)
Article 36 – paragraph 6 – point a b (new)
(a b) the locality of the recipient, namely: (i) the address of the recipient when the recipient is a legal person; (ii) the region on NUTS 2 level when the recipient is a natural person and is domiciled in the European Union or the country when the recipient is a natural person and is not domiciled in the European Union;
Amendment 177 #
Proposal for a regulation
Article 36 – paragraph 6 – point a c (new)
Article 36 – paragraph 6 – point a c (new)
(a c) the nature and purpose of the measure;
Amendment 180 #
Proposal for a regulation
Article 36 – paragraph 6 – point b a (new)
Article 36 – paragraph 6 – point b a (new)
(b a) the first name(s), last name(s) and date of birth of the natural person(s) who hold the position of senior managing official(s), where no person has been identified as the beneficial owner;
Amendment 181 #
Proposal for a regulation
Article 36 – paragraph 7 – subparagraph 2
Article 36 – paragraph 7 – subparagraph 2
The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring referred to in paragraph 2 of this Article shall comply with applicable data protection rules and shall be limited to the Commission or a. The Commission, OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies shall have unlimited, direct and real time access to the data to exercise their respective competences. The following entities shall use the system and have access only to the relevant data for exercising their competences and complying with the obligations imposed by this Regulation: (a) An executive agency as referred to in Article 69, t; (b) The Member States implementing the budget pursuant to Article 62(1), first subparagraph, point (b), t; (c) The Member States that receive and implement Union funds pursuant to budget implementation under Article 62(1), first subparagraph, point (a), t; (d) The persons or entities implementing the budget pursuant to Article 62(1), first subparagraph, point (c), OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies, within the exercise of their respective competences.
Amendment 183 #
Proposal for a regulation
Article 36 – paragraph 7 a (new)
Article 36 – paragraph 7 a (new)
7 a. For the purposes of point (d) of paragraph 2, Article 145(2) and Article 148, and in addition to any applicable sector-specific rule, Member States implementing the budget under point (b), first subparagraph, Article 62(1), shall transmit to the Commission information through the Irregularity Management System on facts and findings established in the context of final judgments or final administrative decisions, as well as facts established in the context of audits or investigations carried out by the EPPO, the Court of Auditors, OLAF or any check, audit, control performed under the responsibility of the Commission, as to the presence of the exclusion situations referred to in Article 139(1). For the same purposes, Member States shall transmit all other complementary information requested by the Commission.
Amendment 184 #
Proposal for a regulation
Article 36 – paragraph 8 – subparagraph 1 (new)
Article 36 – paragraph 8 – subparagraph 1 (new)
For the purposes of point (d) of paragraph 2, Article 145(2) and Article 148 [and in addition to any applicable sector-specific rule], Member States that receive and implement Union funds, pursuant to budget implementation under point (a), first subparagraph, Article 62(1), shall transmit information through the Irregularity Management System on facts and findings established in the context of final judgments or final administrative decisions, as well as facts established in the context of audits or investigations carried out by the EPPO, the Court of Auditors, OLAF or any check, audit, control performed under the responsibility of the Commission, as to the presence of the exclusion situations referred to in Article 139(1). For the same purposes, Member States shall transmit all other complementary information requested by the Commission.
Amendment 185 #
Proposal for a regulation
Article 36 – paragraph 9
Article 36 – paragraph 9
9. For the purposes of the application of the requirements of paragraphs 2, 3 and 6 of this Article by Member States implementing the budget under Article 62(1), first subparagraph, point (b), references to recipients shall be understood as references to beneficiaries as defined in sector-specific rulin Article 2, paragraph 1, point 58 of this Regulation and shall also include sub-beneficiaries, subcontractors and sub-entities or subsidiaries receiving prizes.
Amendment 187 #
Proposal for a regulation
Article 36 – paragraph 10 a (new)
Article 36 – paragraph 10 a (new)
10 a. The system referred to in paragraph 2 of this Article, shall provide an indicator of whether an entity or a person applying for, selected or receiving Union funds, has been excluded pursuant to Article 139. Persons and entities involved in budget implementation shall check that risk indicator before awarding EU funds to comply with the obligation set in Article 145 (5) of this Regulation.
Amendment 189 #
Proposal for a regulation
Article 36 – paragraph 10 b (new)
Article 36 – paragraph 10 b (new)
10 b. Managing authorities shall record the data into the system referred to in paragraph 2 of this Article before awarding Union funds. Failing to comply with this obligation would be considered as a serious deficiency in the meaning of Articles 96 and 97 of Regulation (EU) 2021/1060.
Amendment 190 #
Proposal for a regulation
Article 36 – paragraph 10 c (new)
Article 36 – paragraph 10 c (new)
Amendment 191 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Where the budget is implemented in accordance with Article 62(1), first subparagraph, points (b) and (c), and with Member States in accordance to Article 62(1), first subparagraph, point (a), the Commission shall make available on its website information on recipients no later than 30 June of the year following the financial year in which the contract or agreement setting out the conditions of support was established. Where the budget is implemented in accordance with Article 62(1), first subparagraph, point (b), references in this Article to recipients shall be understood as references to beneficiaries as defined in sector-specific rulin Article 2, paragraph 1, point 58 of this Regulation and shall also include sub-beneficiaries, subcontractors and sub-entities or subsidiaries receiving prizes.
Amendment 192 #
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. Save in the cases referred to in paragraph 3 , the following information shall be published in an open, interoperable and machine-readable format, which allows data to be sorted, searched, extracted, compared, and reused and downloaded in individual datasets or complete database as a bulk download, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:
Amendment 204 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point d
Article 38 – paragraph 3 – subparagraph 1 – point d
(d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or seriously harming the commercial interests of the recipients;
Amendment 205 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point e
Article 38 – paragraph 3 – subparagraph 1 – point e
(e) where it is not requirallowed for publication in sector-specific rules where the budget is implemented in accordance with Article 62(1), first subparagraph, point (b) .
Amendment 206 #
Proposal for a regulation
Article 38 – paragraph 6 – subparagraph 1
Article 38 – paragraph 6 – subparagraph 1
Amendment 207 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38 a Visibility of the budget 1. In accordance with the principle of transparency and proportionality, the Commission shall ensure the visibility of the Union's budget. The Commission shall report to the European Parliament and the Council annually on the development of the visibility of the Union's budget and its added values, and include successful visibility approaches in order to encourage best practises sharing with beneficiaries. 2. To further increase the EU citizens' identification with and sense of community within the Union, all new communication efforts shall make the citizens' connection to the budget more visible by using the statements ‘Funded by the citizens of the European Union’ or ‘Co-funded by the citizens of the European Union’ next to the emblem of the Union.
Amendment 210 #
Proposal for a regulation
Article 52 – paragraph 1 – point d – point iii – indent 3
Article 52 – paragraph 1 – point d – point iii – indent 3
— a comprehensive overview of borrowing and lending operations; that overview shall provide inter alia detailed information on maturities, schedule of payments, interest due, the underlying data and the methodology used to estimate the interest due (including through comprehensive graphs and figures), investor base, where applicable dimension and costs of the common liquidity pool underpinning the diversified funding strategy and on the role of own resources in the repayment of the debt, and information on expected annual amount to borrow in the following years and estimated amount available under the own resources ceiling to cover this borrowing;
Amendment 217 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. Where the Commission implements the budget under shared management, tasks relating to budget implementation shall be delegated to Member States. The Commission and Member States shall respect the principles of sound financial management, transparency, the provisions of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, the fundamental rights set out in the Charter of Fundamental rights including equality between women and men and non- discrimination and shall ensure the visibility of the Union action and its added value when they manage Union funds. To that end, the Commission and Member States shall fulfil their respective control and audit obligations and assume the resulting responsibilities laid down in this Regulation. Complementary provisions shall be laid down in sector-specific rules.
Amendment 218 #
Proposal for a regulation
Article 63 – paragraph 8 – subparagraph 1 – point c a (new)
Article 63 – paragraph 8 – subparagraph 1 – point c a (new)
(c a) interrupt payment deadlines or suspend payments in case of non- compliance with Article 6 (2) and (3) putting at risk the legality of expenditure.
Amendment 224 #
Proposal for a regulation
Article 126 – paragraph 1 – subparagraph 1 – introductory part
Article 126 – paragraph 1 – subparagraph 1 – introductory part
Union contributions under direct, shared and indirect management shall help achieve a Union policy objective and the results specified, shall not substitute recurring national budgetary expenditure, shall respect the principle of additionality of Union funding and may take any of the following forms:
Amendment 232 #
Proposal for a regulation
Article 133 – paragraph 3 – subparagraph 1 – point c a (new)
Article 133 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) non-compliance with Article 6 (2) and (3) puts the legality of expenditure at risk.
Amendment 240 #
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
Amendment 242 #
Proposal for a regulation
Article 139 – paragraph 8
Article 139 – paragraph 8
8. At the request of the authorising officer, and where the nature or the circumstances of the case requires it, a referral for a recommendation of the panel referred in Article 146 may be treated by means of expedited procedure, without prejudice to the right to be heard of the person or entity concerned, and only where the nature or the circumstances of the case requires it, such as where: (a) a final judgment or a final administrative decision has been issued by a Member State’s authority that does not include the duration of exclusion. (b) a final judgment or a final administrative decision has been issued in a third country which is subject to the jurisdiction of the European Court of Human Rights. (c) a sanction has been already imposed on the person or entity by virtue of a decision of (i) international organisations or their agencies, (ii) EIB, (iii) EIF, where these organisations have been considered to apply equivalent sanction procedures under Article 158.
Amendment 246 #
Proposal for a regulation
Article 143 – paragraph 1 – subparagraph 1 – introductory part
Article 143 – paragraph 1 – subparagraph 1 – introductory part
In order to, where necessary, reinforce the deterrent effect of the exclusion and/or financial penalty, the Commission shall, subject to a decision of the authorising officer responsible, publish on its website the following information related to the exclusion and, where applicable, the financial penalty in the cases referred to in points (c) to (hi) of Article 139(1):
Amendment 253 #
Proposal for a regulation
Article 145 – paragraph 5 – subparagraph 2
Article 145 – paragraph 5 – subparagraph 2
Amendment 258 #
Proposal for a regulation
Article 158 – paragraph 2
Article 158 – paragraph 2
2. Persons and entities entrusted with the implementation of Union funds or budgetary guarantees pursuant to point (c) of the first subparagraph of Article 62(1) shall respect the principles of sound financial management, transparency, the provisions of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, fundamental rights set out in the Charter of Fundamental rights including equality between women and men, non- discrimination and shall ensure visibility of Union action and its added value. Where the Commission establishes financial framework partnership agreements in accordance with Article 130 those principles shall be further described in such agreements.
Amendment 278 #
Proposal for a regulation
Article 224 a (new)
Article 224 a (new)
Article 224 a Diversified funding strategy 1. Where the Commission is empowered, in relevant basic acts, to borrow funds on behalf of the Union on the capital markets or from financial institutions, while fully respecting the principles of budgetary neutrality and budgetary balance as set out in Article 310(1) of the Treaty on the Functioning of the European Union (TFEU), the Commission shall implement a diversified funding strategy and, except in duly justified cases, borrowing and debt management operations to fund programmes. The diversified funding strategy shall be implemented through all necessary transactions aiming at a regular capital market presence, shall be based on pooling of funding instruments and shall make use of a common liquidity pool. 2. The Commission shall establish the necessary arrangements for the implementation of the diversified funding strategy. The Commission shall regularly and comprehensively inform the European Parliament and the Council about all aspects of its borrowing and debt management strategy. 3. Without prejudice to the basic acts empowering the Commission to borrow funds on behalf of the Union, the European Parliament and the Council shall approve, in the context of the budgetary procedure, the maximum amount that the Commission is authorised to borrow under the diversified funding strategy during that financial year.