10 Amendments of Maria Gabriela ZOANĂ related to 2018/0198(COD)
Amendment 32 #
Proposal for a regulation
Recital 7
Recital 7
(7) In its Border Regions Communication, the Commission referred among other measures to an initiative started under the Luxembourg Presidency in 2015: A number of Member States are considering the merits of a new instrument to simplify cross-border projects by making it possible, on a voluntary basis and agreed by the competent authorities in charge, for the rules of one Member State to apply in the neighbouring Member State, in order to shorten the time necessary for approval of the projects and of other documents required for implementation of the projects. This would apply to an individual project or action limited in time, located within a border region and initiated by local or regional authorities.
Amendment 36 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commitment should be self- executing, meaning that pursuant to the conclusion of the Commitment certain legal provisions of one Member State are to be applied on the territory of the neighbouring Member State during the period of implementation of a programme financed by EU funding in the field/fields established by that Commitment. It should also be acceptable that the Member States are to adopt a legislative act to allow for the conclusion of a Commitment, in order to prevent national legislation formally adopted by a legislative body from being derogated from by an authority other than that legislative body and in breach of legal clarity and transparency or both.
Amendment 39 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Statement would still require a legislative procedure in the Member State. The authority concluding the Statement should make a formal statement that it will trigger by a certain deadline - at least six months before launching that programme, the legislative procedure necessary to amend the normally applicable national law and to apply, by way of an explicit derogation, the law of a neighbouring Member State.
Amendment 40 #
Proposal for a regulation
Recital 12
Recital 12
(12) Legal obstacles are predominantly felt by persons included in the border workers’ category and by those interacting on land borders, because people cross borders on a daily or weekly basis. In order to concentrate the effect of this Regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring Member States, this Regulation should apply to cross-border regions within the meaning of the territory covered by neighbouring land border regions in two or more Member States at NUTS level 3 regions26. This should not prevent Member States from applying the Mechanism also to maritime and external borders others than those with EFTA countries. _________________ 26 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 48 #
Proposal for a regulation
Recital 17
Recital 17
(17) The key actor in the Member States requested to conclude a Commitment or Statement should be the respective national or regional Cross-border Coordination Points which is to liaise with all competent authorities in its Member State and with its counterpart in the neighbouring Member State. It should also be clearly established that the Cross-border Coordination Point may decide whether a procedure leading to the conclusion of a Commitment or a Statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied. On the other hand, it should also be established that the Member State the legal provisions of which are to be applied in the other Member State may refuse such application outside its territory. Any decision should be duly justified and communicated in due time to all the partners.
Amendment 49 #
Proposal for a regulation
Recital 19
Recital 19
(19) The implementation of a self- executing Commitment should consist in the application of national provisions of another Member State. This should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or, where this has not yet been done, the adoption of new administrative acts based on the legislation of another Member State within a deadline agreed by all the partners in order to be able to launch joint projects in due time. Where several authorities are each competent for different aspects of a complex legal obstacle, the Commitment should be accompanied by a timetable for each of these aspects. Respecting the subsidiarity principle, the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures.
Amendment 52 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) It is also necessary to correctly inform persons resident in cross-border regions about the legislative changes made, and to establish a procedure for the provision of regular information on the benefits of the programmes.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) the legal protection of persons resident in a cross-border region or those who live there for a limited period with regard to the Mechanism.
Amendment 81 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) build up and maintain a database covering all Cross-border Coordination Points concerning the territory of its Member State, ensure protection of the data in the database in compliance with the existing relevant legislation;
Amendment 94 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) a description of the joint project and of its context, of the corresponding legal obstacle in the committing Member State as well as of the rationale for resolving the legal obstacle; within a deadline agreed by all the partners in order to be able to launch joint projects in due time;