48 Amendments of Željana ZOVKO related to 2023/0397(COD)
Amendment 145 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is in the common interest of the Union and its Western Balkans partners1 to advance the efforts to reform political, legal and economic systems of the latter with a view to their future Union membership. The prospect of Union membership has a powerful transformative effect, embedding positive democratic, political, economic and societal change. A fundamental prerequisite for the membership in the Union is compliance with the Copenhagen criteria, which are based on the values of democracy, the rule of law and respect for human rights. _________________ 1 Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia.* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence
Amendment 147 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Progress in the enlargement process can only be merit based and established on clear criteria with a focus on fundamental rights and values, as well as willingness to implement the necessary reforms to align its political, institutional, legal, administrative and economic systems with the rules, standards, policies and practices of the Union, while promoting good neighbourly relations.
Amendment 167 #
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: connectivity, including transport, energy, green and digital transitions, education and skills development, and investing in human capital.
Amendment 175 #
Proposal for a regulation
Recital 8
Recital 8
(8) Union support under the Facility should not replace thereinforce existing bilateral and regional support provided under Regulation (EU) 2021/1529 of the European Parliament and of the Council4 , focussing on preparing the Beneficiaries for Union membership, but complement it and add to it, while using already existing mechanisms and structures where possible. The Instrument for Pre-Accession assistance (IPA) remains the main financial mechanism to assist accession countries in their European integrations. The approach should build on the existing enlargement methodology, notably the 2020 Revised Methodology5 , and the Economic and Investment Plan6 from the same year. _________________ 4 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1529/oj). 5 COM (2022) 57 final. 6 COM(2020) 641 final.
Amendment 180 #
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, impartial and apolitical criteria, and with clear payment conditions based on fulfilling key targets. The established conditionality should avoid any political misuse and provide equal and fair framework for all beneficiaries to access the funds. 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 laws, rules, standards and values, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner and in regular consultation.
Amendment 184 #
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 laws, rules, standards, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, public procurement and State aid control, public finance management and fight against corruption and organized crime, including human trafficking. These objectives should be pursued in a mutually reinforcing manner.
Amendment 191 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Facility should promote the development effectiveness principles, respecting additionality to the support provided under other Union programmes and existing enlargement support instruments and striving to avoid duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities.
Amendment 199 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) This Facility shall not support any activities or measures of those beneficiaries who act contrary to the aims of strengthening regional security and stability.
Amendment 206 #
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 gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should also be in line with the Framework Convention for the Protection of National Minorities (FCNM), UNESCO's Declaration on Cultural Diversity, European Commission against Racism and Intolerance (ECRI)’s reports and with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance.
Amendment 220 #
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 instrong and continued accountability during and after 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 uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to ethnic and religious 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 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. Furthermore, Serbia's alignment with Common Foreign and Security Policy (CFSP) should also be taken into account.
Amendment 231 #
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. The Facility must preserve geographical balance when allocating funds from the Facility and consider uneven local administrative capacities. Possible relocation of the funds from the Facility could lead to unbalanced distribution of assistance to beneficiaries.
Amendment 238 #
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent, clear and prioritised set of targeted reforms 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.
Amendment 243 #
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the clear and predetermined set of payment conditions and on measurable tangible progress in the implementation of reforms set out in the Reform Agendas assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility.
Amendment 247 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Reform Agendas should include targeted reform measures and priority investment areas, along with payment conditions in the form of qualitative and quantitative stepprecise and measurable quantitative steps as well as targets that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures. Those steps should be planned for no later than 31 August 2027, although the overall completion of the measures to which such steps refer may extend beyond 2027 but not later than 31 December 2028.
Amendment 248 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Reform Agendas should include an explanation of the Beneficiary’s system to effectively prevent, detect and correct irregularities, corruption, fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. After the release of funds, a continued financial assessment through the established management and control system under the IPA III framework is sufficient in order to avoid overlapping.
Amendment 256 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Commission should assess each Reform Agenda based on the list of criteria set out in this Regulation. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to approve those Reform Agendasthe Commission should adopt a delegated act. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council11 . The Commission will duly take into account Council decision 2010/427/EU and the role of the EEAS where appropriate, and in particular when monitoring the fulfilment of the precondition for Union support. _________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).
Amendment 257 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Commission should assess each Reform Agenda based on the clear and impartial list of criteria set out in this Regulation. In order to ensure uniform and fair conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to approve those Reform Agendas. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council11 . The Commission will duly take into account Council decision 2010/427/EU and the role of the EEAS where appropriate, and in particular when monitoring the fulfilment of the precondition for Union support. _________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).
Amendment 261 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Commission should be able to amend the implementing decision through a delegated act, in particular to take into account a change of the amounts available.
Amendment 263 #
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 a revised Reform Agenda with additional measures to be achieved. Clear and impartial criteria need to be applied in case of redistribution of support in order to avoid political misuse of this mechanism that will result in competition, unhealthy neighbourly relations and financially damaging smaller and less influential beneficiaries.
Amendment 269 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that the provisioning rate remains adequate to the financial risks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the provisioning rate. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201612 . In particular, to ensure equal participation and transparency in the preparation of the delegated acts, the European Parliament and the Council shall receive all documents from the Commission at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 12 OJ L123, 12.5.2016, p.1.
Amendment 272 #
Proposal for a regulation
Recital 45
Recital 45
(45) In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) should be in a position to 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 during the implementation of the assistance.
Amendment 279 #
Proposal for a regulation
Recital 47
Recital 47
(47) The Commission shouldall ensure that the financial interests of the Union are effectively protected under the Facility. At the same time, given the long track record of financial assistance provided to the Western Balkans Beneficiaries also under indirect management and taking into account their gradual alignment with the Unions internal control standards and practices, the Commission may rely to a great extent on the operation of the national internal control and fraud prevention systems. In particular, the Commission and OLAF should be informed of all suspected cases of irregularities, fraud, corruption and conflict of interests affecting the implementation of funds under the Facility without delay.
Amendment 282 #
Proposal for a regulation
Recital 50
Recital 50
(50) The Commission should ensure that clear monitoring and impartial evaluation mechanisms are in place in order to provide effective accountability and transparency in implementing the Union budget, and to ensure effective assessment of progress towards the achievement of this Regulation’s objectives.
Amendment 286 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should carry out an evaluation of the Facility upon its completion and present its results in the responsible committees in the European Parliament.
Amendment 288 #
Proposal for a regulation
Recital 53
Recital 53
(53) The communication capacities of the Beneficiaries should be enhanced in order to ensure strong and free pluralistic media and public support for and understanding of Union values and the benefits and obligations of potential Union membership, while addressing disinformation and information manipulation. Visibility of the Union funding should also be ensured via effective communication campaigns by the European Commission and the EU Delegations on the ground in order to promote benefits of Union assistance in beneficiaries.
Amendment 332 #
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 and human capital;
Amendment 342 #
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, the fight against fraud, corruption, organised and crossborder crime and money laundering and terrorism financing, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to ethnic and religious minorities;
Amendment 343 #
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the effectiveness of public administration 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 international justice in the Western Balkans Beneficiaries; build local capacities and invest in administrative staff in beneficiaries involved in the implementation of the Facility and prioritise development of local expertise, institutional capacities and encourage secondment of experts to responsible national institutions in beneficiaries to ensure the adequate absorption capacity.
Amendment 356 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Cooperation under the Facility shall be based on and shall promote the development effectiveness principles, across all modalities, namely ownership of development priorities by the Beneficiaries, a focus on results, inclusive partnershipclear conditionality and tangible results, inclusive partnerships and good neighbourly relations, transparency and mutual accountability. The cooperation shall be based on effective and efficient resources allocation and use.
Amendment 357 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additionalsupplementary and coherent to the support provided under other Union programmes and instruments, especially with related instruments such as the current Instrument for Pre-Accession (IPA III) through the Western Balkans Investment Framework (WBIF). Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost or result in duplication.
Amendment 375 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission, in cooperation with the Member States and the Beneficiaries, shall contribute to the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the implementation and reinforcement of internal control systems and anti-fraud policies, and by making information on the volume and allocation of assistance availabletransparent and available at same time to all involved parties through web-based databases, and shall ensure that data is comparable and can be easily accessed, shared and published.
Amendment 386 #
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 to uphold and respect effective democratic mechanisms, including a multi- party parliamentary system, and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to religious and ethnic 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 relations.
Amendment 397 #
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 by using clear and impartial criteria concluding that some of these preconditions are not met, and in particular, withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 406 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The resources referred to in paragraph 2 point (b) may be used for technical and administrative assistance for the implementation of the Facility, such as building local capacities, secondment of experts to responsible national institutions of beneficiaries, preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular studies, meetings of experts, trainings, consultations with the Beneficiary authorities, conferences, consultation of stakeholders, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, as well as all other expenditure at headquarters and Union delegations for the administrative and coordination support needed for the Facility. Finally, expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects or programmes on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.
Amendment 417 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. Regarding the functioning of Public Procurement and State Aid Controls, the Commission shall ensure, through annual audit and controls that the system is remaining functional. In that respect, Commission shall submit the annual report on functioning of such controls in the beneficiary countries to the Council and the Parliament.
Amendment 418 #
Proposal for a regulation
Article 8 – paragraph 7 b (new)
Article 8 – paragraph 7 b (new)
7 b. If the Commission’s assessment of Public Procurement and State Aid Controls is positive, the same should be reflected in the implementation of IPA funds.
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall conclude a Facilityramework Agreement with each Beneficiary for the implementation of the Facility setting out the obligations and payspecific arrangements for the management, conditions of the Beneficiaries for the disbursement of Facility fundingtrol, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest.
Amendment 424 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Facilityramework Agreement shall be complemented by loan agreements in accordance with Article 17, setting out specific provisions for the management and implementation of funding provided in the forms of loans. Framework agreements, including any related documentation, shall be transmitted to the European Parliament and the Council simultaneously and without delay and shall be made public.
Amendment 444 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall inform the European Parliament and the Council of commitment appropriations carried over, including the amounts involved, in accordance with Article 12(6) of Regulation (EU, Euratom) 2018/1046.
Amendment 455 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission shall invite the Beneficiaries to submit within three months from the entry into force of this Regulation their respective Reform Agendas. The Commission shall inform and send the Beneficiaries’ Reform Agendas to the European Parliament and the Council as soon as available.
Amendment 457 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. In case of a redistribution of support under the Facility leading to a Beneficiary receiving additional support, the Commission shall invite the Beneficiary to submit within three months a revised Reform Agenda for the remaining duration of the Facility. The Commission will engage in consultations with the European Parliament and the Council before taking any decision on the redistribution of financial support to avoid a possible geographic disbalance of distributed funds.
Amendment 459 #
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 measurable qualitative or quantitative steps in line with compliance with the achieved benchmarks and concrete targets. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 513 #
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) the arrangements and timetable for monitoring, reporting and implementation of the Reform Agenda, in particular the involvement of national parliaments of the beneficiary countries and other stakeholders including, where relevant, measures necessary for complying with Article 24;
Amendment 514 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission may, amend the implementing decisionfter informing the European Parliament and the Council, amend the delegated act, in particular to take into account a change of the amounts available in line with the principles under Article 21.
Amendment 516 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Beneficiary justify an amendment to the Reform Agenda, the Commission shall assess the amended Agenda in accordance with Article 14 and may amend the implementing decisiondelegated act referred to in Article 15(1) without undue delay.
Amendment 524 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where the Commission makes a positive assessment of the satisfactory fulfilment of all applicable conditions, it shall adopt without undue delay a decision authorising the release of funds corresponding to these conditions. The Commission shall share its assessment and consult with the European Parliament and the Council prior to adopting its decision. That decision shall, in accordance with the split established in Article 6(4), set the amount of funds to be made available as financial assistance, channelled directly to the national budget and the amount to be made available through the WBIF. In respect of those amounts, the decision shall constitute the condition referred to in Article 12 for the amount of funds to be made available as financial assistance channelled directly to the national budget and the preliminary validation referred to in Article 12 for the amount to be made available through the WBIF.
Amendment 530 #
Proposal for a regulation
Article 21 – paragraph 8
Article 21 – paragraph 8
8. The Commission may decide to redistribute any amount reduced pursuant to paragraph 6 or 7 among other Beneficiaries of the Facility by amending the implementing decisions referred to in Article 15(1). The Commission should focus on enhancing absorptive capacities, providing technical assistance to beneficiaries lacking in this regard, to prevent them from lagging behind in the enlargement process.
Amendment 537 #
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. The beneficiary countries shall ensure the full functioning of the Public Internal Financial Control framework. In that respect, they shall ensure adequate staffing in the whole PIFC system in order to enable a sufficient level of audit on one hand and full respect of audit findings on the other. The European Court of Auditors shall be enabled to perform an annual system audit as well as an annual report over the functioning of the PIFC in beneficiary countries.