126 Amendments of Viola VON CRAMON-TAUBADEL related to 2023/0397(COD)
Amendment 143 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is in the common interest of the Union and its Western Balkans partner countries1 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, environmental and societal change. _________________ 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 146 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Accession to the EU must always be a merit-based procedure and each enlargement country must be assessed on its own merits in fulfilling the Copenhagen criteria, particularly in ensuring full respect for human rights, democracy, the rule of law and respect for and the protection of minorities. While Russia’s war of aggression against Ukraine has given a new meaning and impetus to enlargement, the path of the Western Balkan countries towards EU membership needs to be firmly anchored in the tangible and concrete progress and reforms undertaken by the accession countries. To guarantee the success of enlargement as an effective EU foreign policy instrument, genuine political will is needed both in the Member States and in the enlargement countries.
Amendment 150 #
Proposal for a regulation
Recital 2
Recital 2
(2) There is a need to bring forward some of the advantages of Union membership before accession. Ework towards the adoption and implementation of the EU acquis as soon as possible, as well as bring forward some of the advantages of Union membership before accession. Alongside democratic transition and respect for fundamental rights and values, economic convergence is at the heart of these benefits. Currently, the convergence of Western Balkans in terms of GDP per capita expressed in purchasing power standards remains low at between 30% and 50% of the Union average and is not progressing fast enough.
Amendment 155 #
Proposal for a regulation
Recital 3
Recital 3
(3) To reduce this disparity, the European Commission adopted a Communication on a Growth Plan for the Western Balkans based on four pillars: (a) increasing integration with the EU’s Single Market; (b) boosting regional economic integration, based on EU rules and standards, by fully implementing the existing Common Regional Market Action Plan; (c) deepening reforms aiming at accelerating growthsustainable development in the region, promoting economic convergence and strengthening regional stability; and (d) establishing a new Financing Instrument: the Reform and Growth Facility for the Western Balkans.
Amendment 157 #
Proposal for a regulation
Recital 4
Recital 4
(4) The implementation of that Growth Plan requires increased funding under a dedicated new Financing Instrument, the Reform and Growth Facility, to assist the region in implementing the growth- promoting reforms,inclusive and sustainable development promoting reforms contributing to reaching climate neutrality by 2050 the latest and decarbonisation of the economy, as well as to strengthening democracy, the rule of law, including the independence of the judiciary, the protection of human rights, the fight against corruption as well as any kind of nepotism, favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime, and by promoting just and digital transitions boosting the green and digital transition in the region in a socially inclusive way as well as the regional integration and Common Regional Market.
Amendment 160 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) According to the 2020 revised methodology “Enhancing the accession process - A credible EU perspective for the Western Balkans”, progress on the fundamentals determines the overall pace of accession negotiations. To this end, this Facility is based on strict conditionality and access to funding depends on the delivery of tangible results and the implementation of reforms in the area of the fundamentals. Furthermore, to access the funding envisaged in this Facility, the Beneficiaries need to be fully aligned with the EU’s strategic goals, values and interests, including with the EU’s common foreign and security policy.
Amendment 163 #
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 and decarbonisation of economies: connectivity, including sustainable transport, energy, green and digital transitions, education and skills developmentincluding promotion of the highest energy efficiency standards with emphasis on decentralised renewable energy networks, climate neutrality and circular economy including by prioritizing renewables and energy efficiency and the use of materials ethically sourced locally, education and skills development. The Facility and all investments should be fully aligned and respect the EU climate acquis and especially the ‘Do No Significant Harm’ Principle.
Amendment 170 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Facility should comply with the highest climate and environmental standards and the Reform Agendas should be subject to Strategic Environmental Impact Assessment procedures in order to identify and properly mitigate potential negative environmental and social impacts. The right for public access to information for civil society organisations and individuals including the right to access environmental information should be ensured as well as the full compliance with the Aarhus Convention.
Amendment 172 #
Proposal for a regulation
Recital 6
Recital 6
(6) TSustainable transport infrastructure is essential to improve connectivity between the Western Balkan partners and with the EU. It should contribute to integrate the region in the Union. In its proposal revising the trans-European transport framework (TEN- T), the Commission included a new Corridor crossing the Western Balkan region (Western-East Mediterranean corridor). The TEN-T network should be the reference for funding transport infrastructure in the region. Priority should be given to environmentally-friendly means of transportation such as railways and decarbonisation of transport.
Amendment 177 #
Proposal for a regulation
Recital 8
Recital 8
(8) Union support under the Facility should not replace the 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 and maximising synergies. 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 179 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives set out in the form of milestones and targets, based on established criteria and timeframes and with clear payment conditions and conditionalities. The general objectives of the Facility should be to accelerate regional economic integration and social and territorial cohesion, decarbonisation, 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, includingin particular accelerate the region’s green transition to climate neutrality by 2050 at the latest, in accordance with Paris Agreement and the Green Deal, climate change mitigation and adaptation measures, as well as environmental and biodiversity protection. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. In particular, the Facility should further promote reforms in the areas of independence of the judiciary, the fight against all kinds of corruption and oligarchic structures, as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime rule of law, public procurement and State aid control, and public finance management and fight against corruption. The Facility should ensure the meaningful participation of regional and local authorities, as well as civil society and experts, in the design of the reforms and its scrutiny and implementations. The Facility should assure the fast implementation of the Interoperability Europe Act so as to speed up the exchange of information between the public sector in the EU and the widespread of an efficient digital transformation of this sector. These objectives should be pursued in a mutually reinforcing manner.
Amendment 197 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights, democracy and the rule of law.
Amendment 201 #
Proposal for a regulation
Recital 12
Recital 12
(12) Activities under the Facility should support progress towards the Sustainable Development Goals, and contribute to achieve the national contributions under the Paris Agreement and the United Nations Framework Convention on Climate Change in line with the commitments taken in the National Climate and Energy Plans, the United Nations Convention on Biological Diversity and the United Nations Convention to Combat Desertification and should not contribute to environmental degradation or cause harm to the environment or climate. Measures funded underIn particular, funding allocated in the context of the Facility should be in linecoherent with the Beneficiaries’ National Energy and Climate Plans, their Nationally Determined Contribution and ambition to reach climate neutrality by 2050. The Facility should contribute to thelong- term goal of holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1,5°C. It should also be coherent with the objective to increase the ability to mitigation action and to the ability to adapt to the adverse effects of climate change, and foster climate resilience, and with the support of biodiversity conservation, circular economy, sustainable water management and zero- pollution. Measures funded under the Facility should be in line with the Beneficiaries’ National Energy and Climate Plans, their Nationally Determined Contribution and ambition to reach climate neutrality by 2050.
Amendment 204 #
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 equalityensure women’s meaningful participation in the decision-making process, promote and advance gender equality and mainstreaming 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. It should also promote the rights of the Roma and LGBTQI+ community as well as of minorities and vulnerable groups. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistanceits protocol, ratified by the EU and its Member States, and ensure the involvement of the relevant stakeholders in particular organisations representing people with disabilities in the decision- making processes, as well as ensure accessibility in its investments and technical assistance. The Facility shall also support the right of persons with disabilities to live independently and be included, and accelerate the transition from residential institutions to community-based support and independent living (de- institutionalisation) for children, adults and older persons with disabilities, and shall ensure that resources under the Facility are not used to perpetuate segregation of persons with disabilities. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community-based care for all children. Furthermore, the Regulation should be implemented in full respect of the European Pillar of Social Rights, the European Commission’s Communication on decent work worldwide for a global just transition and a sustainable recovery and the 1998 International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work.
Amendment 211 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should promotecontribute to the implementation of the Green Agenda for the Western Balkans7 in particular by reinforcing environmental protection, including nature and environmental restoration, contributing to the mitigation of climate change and increasing resilience to climate change, and accelerating the shift towards a low-carbonclimate neutral, green, biodiverse and sustainable economy. _________________ 7 SWD(2020)223 final, 6.10.2020.
Amendment 213 #
Proposal for a regulation
Recital 15
Recital 15
(15) Reflecting the European Green Deal as Europe’s sustainable growthdevelopment strategy and the importance of tackling climate and biodiversity objectives in line with the commitments of the Interinstitutional Agreement, the Facility should contribute to the achievement of the overall target of 30% of Union budget expenditure supporting climate objectives and 7.5% in 2024 and 10% in 2026 and 2027 to biodiversity objectives. At least 37% of the non-repayable financial support channelled through the WBIF should account to climate objectives. The Facility should support only activities that fully respect the climate and environmental standards and priorities of the Union and the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/8528 . _________________ 8 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, OJ L 198, 22.6.2020, p. 13.
Amendment 215 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute toensure the compliance, coherence, consistency and complementarity, increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies in order to ensure protection of financial interests of the Union. 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 minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisationupholds and respects the Copenhagen criteria for EU accession, notably the stability of institutions guaranteeing democracy, rule of law, human rights and respect for and protection of minorities. In particular, the Beneficiaries need to demonstrate their compliance with the values of Article 2 of their Trelations with a view to fully implementing all their respective obligations stemming from the Agreementy on European Union (TEU), a multi-party democratic system, including with appropriate checks and balances, good governance at all levels, free and fair elections as appropriate in line with the domestic law onf 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 relationsBeneficiaries and European and international democratic standards, an independent judiciary and public prosecutor, respect for human rights, including but not limited to freedom of speech and media freedom. Another precondition for the support under this Facility should be the full alignment of the Beneficiary with the EU’s Common Foreign and Security Policy.
Amendment 235 #
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent 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 in the form of milestones and targets providing a framework for boosting inclusive sustainable development and accelerating the just and digital transition in line with the Union’s policies, while improving inclusiveness and social and regional cohesion and reducing inequalities, clearly articulated and aligned with Union accession requirements. The Reform Agenda willshould serve as an overarching framework to achieve the objectives of this Facility. The Reform Agenda should be developed in a transparent and inclusive way that will ensure meaningful consultation and participation with regional and local authorities, as well as with civil society and experts and should demonstrate how meaningful participation of stakeholders was planned and conducted in a way that it had significant influence on the outcome of the process via consultations, with sufficient timeframes and transparency, and clear follow-up procedures to input given
Amendment 242 #
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the payment conditions and on measurable progress with corresponding milestones and targets 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 245 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Reform Agendas should include targeted reform measures and priority investment areainvestments with corresponding milestones and targets, along with payment conditions in the form of measurable qualitative and quantitative steps that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures via concrete milestones and targets. The Reform Agendas should also include an indicative ex-ante costing of reforms and investments. 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 249 #
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, and any type of corruption, including high level corruption, as well as any kind of nepotism or favouritism and 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.
Amendment 252 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The Reform Agendas should include detailed explanations on how they contribute to the just and digital transition in the region and explain how the beneficiaries ensure the application of EU environmental law and standards and, in particular, the application of the ‘Do No Significant Harm’ principle. The Reform Agendas should also include explanations on how they ensure a meaningful participation and consultation of regional and local authorities as well as civil society organisations in the design and implementation of the reform agendas. The Reform Agendas should further explain how they assist in improving the public access to information and public participation including access to environmental information.
Amendment 253 #
Proposal for a regulation
Recital 28
Recital 28
(28) Measures under the Reform Agendas should, where appropriate, contribute to improving an efficient public finance management and control system, fight against corruption, fraud and organised crimeall kinds of corruption, including high level corruption, as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud, fraud and organised crime and conflicts of interests, and to an effective system of State aid control, aiming at ensuring fair conditions for all undertakings. Such measures should be implemented by the Beneficiary by an indicative date which could be set, appropriate for each measure, in the early stage of implementation of the Facility.
Amendment 255 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Commission should publish the Reform Agendas when received. 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 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), after consulting the European Parliament on the submitted plan. The Commission should be empowered to adopt a delegated act to approve those Reform Agendas. 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.
Amendment 258 #
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission implementing decisiondelegated act referred to in this Regulation should at the same time constitute a work programme within the meaning of Article 110(2) of the Financial Regulation in respect of the amount of non- repayable financial support under this Regulation.
Amendment 260 #
Proposal for a regulation
Recital 31
Recital 31
(31) Given the need for flexibility in the implementation of the Facility, it should be possible for a Beneficiary to make a reasoned request to the Commission to amend the implementing decisiondelegated act, where the Reform Agenda, including relevant payment conditions, is no longer achievable, either partially or totally, because of objective circumstances. A Beneficiary should be able to make a reasoned request to amend the Reform Agenda, including by proposing addenda where relevant.
Amendment 262 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Commission should be able propose to amend the implementing decisiondelegated act, in particular to take into account a change of the amounts available.
Amendment 265 #
Proposal for a regulation
Recital 34
Recital 34
(34) A Facility Agreement should be concluded with each Beneficiary to set up the principles of the financial cooperation between the Union and the Beneficiary, and to specify the necessary mechanisms related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, rules on taxes, duties and charges and measures to prevent, detect, investigate and correct irregularities, fraud, corruptionany forms of corruption including high level corruption, any types of nepotism or favouritism and conflicts of interests. Consequently, a loan agreement should also be concluded with each Beneficiary setting out specific provisions for the management and implementation of funding provided in the forms of loans. The Facility Agreement should provide for obligation of beneficiaries to ensure the collection of, and access to, in compliance with EU data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of measures of the Reform Agendas.
Amendment 268 #
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 ts well as with the relevant committees of the European Parliament. Those consultations should 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 in the preparation of the delegated acts, the European Parliament and the Council receive all documents 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. Support under the Facility should also enhance twinning and partnership development initiatives with European peers aiming at enhancing expertise and capacity in the Western Balkans. _________________ 12 OJ L123, 12.5.2016, p.1.
Amendment 271 #
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council13 and Council Regulations (EC, Euratom) No 2988/9514 , (Euratom, EC) No 2185/9615 and (EU) 2017/193916 , the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, fraud, corruptionall types of corruption including high-level corruption, all types of nepotism or favouritism, conflict of interest, double funding, to the recovery of funds lost, wrongly paid or incorrectly used. The Commission services should be provided with sufficient administrative capacities and personnel to ensure these objectives. _________________ 13 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, ELI: http://data.europa.eu/eli/reg/2013/883/oj). 14 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, ELI: http://data.europa.eu/eli/reg/1995/2988/oj). 15 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, ELI: http://data.europa.eu/eli/reg/1996/2185/oj). 16 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, ELI: http://data.europa.eu/eli/reg/2017/1939/oj).
Amendment 273 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds and guarantee that a declaration of assurance is obtained through an independent external audit. The Audit Board should be subject to the reporting obligations to EPPO, in accordance with Article 24(1) of Regulation (EU) 2017/1939. Such information should be made available to OLAF and EPPO, when applicable, and where appropriate to the relevant Western Balkans Beneficiary authorities. The Commission, with the assistance of the Union delegations, should be entitled to perform checks on how the Western Balkans Beneficiary implement funds along the whole project life cycle. The Commission should be provided with sufficient funding and human resources to perform the audit and checks. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 275 #
Proposal for a regulation
Recital 46
Recital 46
(46) In accordance with Article 129 of Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission OLAF, the European Court of Auditors and, where applicable the EPPO, including by third parties involved in the implementation of Union funds. The European Parliament shall also be granted with the necessary rights and access. The Western Balkans should also use the Early Detection and Exclusion System and report irregularities in relation to the use of the funds to the Commission.
Amendment 276 #
Proposal for a regulation
Recital 47
Recital 47
(47) The Commission should 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. The Commission should also receive the information on beneficial owners of legal entities benefiting from the Facility and publish a list of persons and legal entities receiving more than 50 000 euros cumulatively from the Facility
Amendment 280 #
Proposal for a regulation
Recital 48
Recital 48
(48) Furthermore, the beneficiaries should report the irregularities including fraud which have been the subject of a primary administrative or judicial finding, without delay, to Audit Board and the Commission and keep the latterm informed of the progress of administrative and legal proceeding. With the objective of alignment to good practices in Member States, this reporting should be done by electronic means, using the Irregularity Management System, established by the Commission.
Amendment 284 #
Proposal for a regulation
Recital 51
Recital 51
(51) The Commission should provide an annual report on the progress with the implementation of the Regulation and the Facility to the European Parliament and to the Committee referred to in this Regulation. The annual report should include a detailed assessment of the added value and additionality of this Facility, of synergies and complementarities between support covered under this Facility and Regulation (EU) 2021/1529, as well as a description of the arrangements and measures taken by the Commission to avoid double funding, with a view to protecting the Union budget. A regular dialogue with the European Parliament and its relevant committees should be established.
Amendment 285 #
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51a) As a measure of public accountability, the Governments of the Beneficiaries, including the relevant Ministers, should inform the Parliaments of the Beneficiaries regularly on the implementation of the respective Reform Agendas. Provision of all relevant information in time to the Parliaments of the Beneficiaries, allowing for an interactive interinstitutional dialogue at least every three months with relevant cabinet members is key to enable transparency both for elected officials, as well as to the press and public. Reporting enabling oversight should also be provided as part of the yearly approval of the budget of the Beneficiaries.
Amendment 289 #
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 andto promote the 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.
Amendment 291 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of inclusive and sustainable socio-economic reforms and investments contributing to reaching climate neutrality by 2050 latest, to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 293 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Beneficiary’ means any of the following: Albania, Bosnia and Herzegovina, Kosovo17 , Montenegro, North Macedonia and Serbia. _________________ 17 *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 296 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) accelerate regional economic integration, social and territorial cohesion, and progressive integration with the Union single market;
Amendment 297 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) accelerate the socio-economic convergence of Beneficiaries’ economies with the Union and in particular the decarbonisation of their economies;
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, climate- neutral and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment;
Amendment 310 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) support regional economic integration, social and territorial cohesion, and enhanced integration with the EU single market through improved and sustainable connectivity in the region in line with Transeuropean Networks and the decarbonisation of transport;
Amendment 313 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) accelerate green transition to climate neutrality by 2050 at the latest, in accordance with the Paris Agreement and the Green Deal, in line with the 2020 Green Agenda for the Western Balkans and covering all economic sectors, particularly renewable energy, including the transition towards de- carbonised climate-neutral, climate- resilient and circular economy with emphasis on decentralised renewable energy networks, promoting climate neutrality and by prioritizing the use of materials ethically sourced locally; all investments shall be fully aligned and respect the EU climate acquis and especially the ‘Do No Significant Harm’ Principle;
Amendment 318 #
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) promote the digital transformation as an enabler for sustainable development and inclusive growthdevelopment;
Amendment 322 #
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) boost innovation, particularly for SMEs and start-ups and in support of the green and digital transitions;
Amendment 326 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality accessible and inclusive education, training, reskilling and upskilling, and employment policies, including policies to tackle youth employment;
Amendment 334 #
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 crime andany types of corruption including high level corruption and oligarchic structures, any types of nepotism and favouritism and conflicts of interests, organised crime, money laundering and terrorism financing, tax evasion and tax fraud;, tax avoidance and tax fraud, and through promoting 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 minoritiesguarantee fundamental labour rights as enshrined in the Charter of Fundamental Rights and the relevant ILO conventions; promote gender equality, gender mainstreaming and the empowerment of women and girls, non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities including the Roma community, LGBTQI+ people and different vulnerable groups; it should enhance inclusion and accessibility for persons with disabilities, and in particular transition from institutional care to community-based support and independent living;
Amendment 344 #
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the democratic institutions including regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, as well as 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. and ensure effective protection of whistle- blowers;
Amendment 349 #
Proposal for a regulation
Article 3 – paragraph 2 – point j a (new)
Article 3 – paragraph 2 – point j a (new)
(ja) support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries.
Amendment 350 #
Proposal for a regulation
Article 3 – paragraph 2 – point j b (new)
Article 3 – paragraph 2 – point j b (new)
(jb) work towards good neighbourly relations and reconciliation to overcome the legacies of the past, including but not limited to ensuring access to truth and justice, as well as effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 351 #
Proposal for a regulation
Article 3 – paragraph 2 – point j c (new)
Article 3 – paragraph 2 – point j c (new)
(jc) support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and a level playing field for all levels of government when accessing funds via open, fair, neutral, and transparent procedures;
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 2 – point j d (new)
Article 3 – paragraph 2 – point j d (new)
(jd) promote transparency, public access to information including environmental information, and meaningful participation of regional and local authorities as well as civil society organisations and experts in legislative and decision-making processes ensuring democratic accountability and public scrutiny;
Amendment 353 #
Proposal for a regulation
Article 3 – paragraph 2 – point j e (new)
Article 3 – paragraph 2 – point j e (new)
(je) facilitate the implementation of the Interoperable Europe Act which reinforces the public sector exchange of information across the Union and accelerate the digital transformation of Europe's public sector;
Amendment 354 #
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 partnerships, transparency and mutual accountability. The cooperation shall be based on effective and efficient resources allocation and use. All Beneficiaries shall take utmost care to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use.
Amendment 359 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments. 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 and that appropriate oversight and budget control is established.
Amendment 360 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In order to promote the complementarity and efficiency of their action, the Commission and the Member States shall cooperate and shall strive 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, such as international organisations and the relevant international financial institutions, agencies and non-Union donors, in line with the established principles for strengthening operational coordination in the field of external assistance, including through enhanced coordination with Member States at local level. The Commission shall facilitate the establishment and coordination of decentralised implementation frameworks and know- how for resource allocation and use.
Amendment 361 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Activities under the Facility shall comply with the highest climate and environmental standards and the Reform Agendas shall be subject to Strategic Environmental Impact Assessment procedures in order to identify and properly mitigate potential negative environmental and social impacts. Activities under the Facility shall mainstream climate change mitigation and adaptation, biodiversity and environmental protection and conservation of ecosystems, high animal welfare standards, human rights, democracy, gender equality and, where relevant, disaster risk reduction and sustainable water management, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co-benefits and meet multiple objectives in a coherent way. They shall avoid stranded assets, and shall be guided by the principles of ‘do no significant harm’ and of ‘leaving no one behind’, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.
Amendment 367 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Beneficiaries and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of a gender prerspective are taken into account and promoted throughout the preparation of the Reform Agendas including Gender Impact Assessments and the implementation of the Facility. Beneficiaries and the Commission shall take appropriate steps to prevent any discrimination based upon gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Commission will report on these measures in the context of its regular reporting under the Gender Action Plans.
Amendment 371 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Facility shall not support activities or measures which are incompatible with the Beneficiaries’ National Energy and Climate Plans once aligned with climate neutrality by 2050 latest, their Nationally Determined Contribution under the Paris Agreement, and ambition to reach climate-neutrality by 2050 or that promote investments in fossil fuels, or that cause significant adverse effects on the environment or the climateclimate or biodiversity or any investment that is a stranded asset.
Amendment 374 #
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 toensure the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including the full implementation of the Aarhus Convention, and by promoting the implementation and reinforcement of internal control systems and anti-fraud policies, and by making. The Commission shall make the information on the volume and allocation of assistance available through web-based databasespublically available online including a list of persons and legal entities receiving a cumulative amounts higher than 50 000 EUR, and shall ensure that data is up-to-date comparable and can be easily accessed, shared and published and available in machine readable format and comparable format.
Amendment 378 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. In line with the EU Partnership Principle and the EU Code of Conduct, the Commission and the Beneficiaries shall ensure that the relevant stakeholders, including the Parliaments of the Western Balkans, local and regional authorities, social partners and civil society organisations, are duly and fairly consulted and have timely access to relevant information to allow them to meaningfully participate in shaping the design, implementation of activities eligible for funding under this Facility, and in the related monitoring, scrutiny and evaluation processes. Such involvement shall seek to represent the pluralism of the society in the Western Balkans.
Amendment 379 #
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 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 relationsthe Copenhagen criteria for EU accession, notably the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. In particular, the Beneficiaries need to demonstrate their compliance with the values of Article 2 of the Treaty on European Union (TEU), a multi-party parliamentary democratic system, including with appropriate checks and balances, good governance at all levels, free and fair elections in line with the domestic law of the Beneficiaries and European and international democratic standards, an independent judiciary and public prosecutor and respect for human rights, including but not limited to freedom of speech and media freedom. Another precondition for the support under this Facility shall be the full alignment of the Beneficiaries with the EU’s Common Foreign and Security Policy, in particular the effective adoption and implementation of restrictive measures against Russia.
Amendment 394 #
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 the Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package, as well as relevant international organisations including OSCE/ODIHR and the Venice Commission and the relevant reports and resolutions of the European Parliament. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular, shall withhold the release of funds referred to in Article 21, if such a decision is taken ,irrespective of the fulfilment of payment conditions referred to in Article 16(3). In case of persistent lack of progress, serious deficiencies and/or regression in the area of the “fundamentals”, the Commission, after consulting the European Parliament and the Council, shall suspend the funding to the Beneficiaries concerned. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and the Council.
Amendment 401 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) 98.57% in the form of non-repayable financial support to the Beneficiaries for the implementation of the Reform Agendas;
Amendment 403 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) 1.53% for expenditure pursuant to paragraph 6.
Amendment 407 #
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 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, including local and regional authorities and civil society organisations, 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 421 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall conclude a Facility Agreement with each Beneficiary for the implementation of the Facility setting out the obligations and payment conditions of the Beneficiaries for the disbursement of Facility funding following public consultation and the positive assessment of the national parliament.
Amendment 425 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Funding, including pre financing, shall only be granted to the Beneficiaries after a positive assessment by the Commission of fulfilment of the preconditions in Article 5, and the respective Facility Agreements and the applicable loan agreements have entered into force.
Amendment 427 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Facility Agreement and the loan agreements concluded with each of the Beneficiaries, and agreements concluded with person or entities receiving Union funds, shall ensure that the obligations set out in Article 129 of Regulation (EU, Euratom) 2018/1046 are fulfilled. The Facility 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 429 #
Proposal for a regulation
Article 9 – paragraph 5 – point a
Article 9 – paragraph 5 – point a
(a) the commitment of the Beneficiary to progress towardsstrictly prioritise the establishment of more efficient and effective control systems, which are able to effectively prevent, detect, investigate and correct irregularities, fraud, corruption and conflict of interests as well as to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use and to and to strengthen the fight against money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion and other illegal activities affecting the funds provided under the Facility;
Amendment 430 #
Proposal for a regulation
Article 9 – paragraph 5 – point a a (new)
Article 9 – paragraph 5 – point a a (new)
(aa) the establishment of a monitoring committee to coordinate the involvement of civil society and experts in the evaluation and monitoring of the allocation and use of resources, in line with the European Code of Conduct on Partnerships;
Amendment 432 #
Proposal for a regulation
Article 9 – paragraph 5 – point d
Article 9 – paragraph 5 – point d
(d) the rules on reporting to the Commission on whether and how the payment conditions referred to in Article 12 are fulfilled, including by allowing the examination of the fulfilment of milestones and targets connected to reforms and investment;
Amendment 433 #
Proposal for a regulation
Article 9 – paragraph 5 – point e a (new)
Article 9 – paragraph 5 – point e a (new)
(ea) the recognition of the responsibilities of the Audit Board referred to in Article XX, and the modalities of the Western Balkans Beneficiaries’ cooperation with it;
Amendment 434 #
Proposal for a regulation
Article 9 – paragraph 5 – point f
Article 9 – paragraph 5 – point f
(f) the measures to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest, and the obligation to notify the Audit Board, the Commission and OLAF and when applicable EPPO without delay of suspected or actual cases of irregularities, fraud, corruption and conflict of interests and their follow- up;
Amendment 436 #
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) the obligations referred to in Articles 22 and 23, including precise rules and timeframe on collection of data by the Beneficiary and access for the Commission and OLAF, European Court of Auditors, and where applicable EPPO;
Amendment 438 #
Proposal for a regulation
Article 9 – paragraph 5 – point g a (new)
Article 9 – paragraph 5 – point g a (new)
(ga) the commitment of the Beneficiaries to respecting the ‘do no significant harm’ principle, in line with Regulation 2020/852, for all expenditure under this Regulation;
Amendment 440 #
Proposal for a regulation
Article 9 – paragraph 5 – point g b (new)
Article 9 – paragraph 5 – point g b (new)
(gb) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the independent external auditor appointed by the Audit Board;
Amendment 443 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall informsubmit to the European Parliament and the Council ofthe information on commitment appropriations carried over, including the amounts involved, in accordance with Article 12(6) of Regulation (EU, Euratom) 2018/1046.
Amendment 446 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Reform Agendas shall set out the reforms to be undertaken by the Beneficiary, as well as investment areas, towards the achievement of the general and specific objectives set out in Article 3 and general principles set out in Article 4 with specific milestones and targets. The Reform Agendas shall comprise measures for the implementation of reforms through a comprehensive and coherent package including ensuring adherence to the ‘do no significant harm’ principle. In the areas of the 'fundamentals', including the rule of law, the fight against corruption including high level corruption, fundamental rights and the freedom of expression, the Reform Agendas shall reflect the assessments in the most recent Enlargement Package, as well as of the relevant international organisations including, OSCE/ODIHR and the Venice Commission and the relevant reports and resolutions from the European Parliament.
Amendment 453 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Reform Agendas shall be consistent with and support the reform priorities identified in the context of the Beneficiary’s accession path, and other relevant documents, such as the Stabilisation and Association Agreement, the National Energy and Climate Plan as revised to be in line with Climate Neutrality by 2050, the Nationally Determined Contribution under the Paris Agreement and the ambition to reach climate neutrality by 2050.
Amendment 460 #
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 and be linked to the achievement of concrete milestones and 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 466 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investmen the form of milestones and targets, and measures to ensure compliance with preconditions if appropriate;
Amendment 468 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) an explanation of how the measures are consistent with the general principles referred to in Article 4, as well as the requirements, strategies, plans and programmes referred to in Article 11;
Amendment 469 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) an explanation of the extent to which the measures are expected to contribute to climate, biodiversity and environmental as well as higher animal welfare standards objectives of Beneficiaries, how these measures are adhering to the EU climate acquis and how the measures shall contribute to the achievement of the overall target of ensuring that at least 50 % of the financial envelope shall contribute to the green transition or to addressing the challenges resulting therefrom, as well as an explanation of how the Reform Agendas ensures that no measure for the implementation of reforms and investments included in the Reform Agendas does no significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’), as well as how the measures contribute to inclusive social convergence objectives;
Amendment 472 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) an explanation of how Beneficiaries have taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation, as well as an explanation of which measures the Beneficiaries have taken to fight against fraud, any types of corruption including high level corruption, any types of nepotism and favouritism and conflicts of interests, organised crime and money laundering and terrorism financing, tax evasion, tax avoidance and tax fraud and to ensure compliance with international law;
Amendment 473 #
Proposal for a regulation
Article 13 – paragraph 1 – point c b (new)
Article 13 – paragraph 1 – point c b (new)
(cb) an explanation of the measures taken by the Beneficiaries to strengthen the freedom of media and academic freedom and to ensure an enabling environment for civil society;
Amendment 474 #
Proposal for a regulation
Article 13 – paragraph 1 – point c c (new)
Article 13 – paragraph 1 – point c c (new)
(cc) An explanation of how the measures under the Reform Agendas ensure effective protection of whistleblowers;
Amendment 475 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) for the reforms and investments, an indicative timetable, and the envisaged payment conditions for release of funds in the form of measurable qualitative and quantitative steps in the form of concrete milestones and targets to be implemented by 31 August 2027 at the latest;
Amendment 477 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) an explanation of the Beneficiary’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests and to enforce State aid control rules ensure an adequate level of protection of the EU financial interests by applying comparable standards as provided for in Regulation (EU, Euratom) 2018/1046;
Amendment 479 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) an explanation of how the Reform Agendas ensure that the measures will promote the digital transformation as an enabler for inclusive sustainable development and boost innovation, particularly for SMEs and start-ups and in support of the green and digital transitions and how it will boost quality and inclusive education, training, reskilling and upskilling, and employment policies as well as to social cohesion, equality and inclusion of vulnerable groups;
Amendment 481 #
Proposal for a regulation
Article 13 – paragraph 1 – point f b (new)
Article 13 – paragraph 1 – point f b (new)
(fb) an explanation of how the measures under the Reforms Agendas are expected to promote gender equality, gender mainstreaming and the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities including the Roma community, LGBTQI+ people and different vulnerable groups;
Amendment 483 #
Proposal for a regulation
Article 13 – paragraph 1 – point f c (new)
Article 13 – paragraph 1 – point f c (new)
(fc) An explanation of how the measures under the Reforms Agendas reinforce the democratic institutions including regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, the effectiveness of public administration and support of transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control;
Amendment 484 #
Proposal for a regulation
Article 13 – paragraph 1 – point f d (new)
Article 13 – paragraph 1 – point f d (new)
(fd) an explanation of and how the Beneficiaries support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries as well as how they work towards good neighbourly relations and sustainable reconciliation to overcome the legacies of the past, including but not limited to ensuring access to truth and justice, as well as effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 485 #
Proposal for a regulation
Article 13 – paragraph 1 – point f e (new)
Article 13 – paragraph 1 – point f e (new)
(fe) An explanation of how the measures under the Reforms Agendas support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and meaningful participation of regional and local authorities as well as civil society organisations and experts in legislative and decision- making processes ensuring democratic accountability and public scrutiny; improvement of interoperability between the public sector and the speeding-up of the digital transformation;
Amendment 486 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Reform Agendas shall be results-based and include indicators for assessing progress towards the achievement of the general and specific objectives set out in. These indicators shall be based, where appropriate and relevant, on internationally agreed indicators and those already available related to Beneficiaries' policies. Indicators shall also be coherent to the extent possible, with the key corporate indicators included in the Instrument for Pre-Accession assistance (IPA III) Results Framework, in the EFSD+ Results Measurement Framework and in the WBIF and shall also include indicators on consultation and transparency.
Amendment 490 #
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) whether the Reform Agenda represents a relevant, comprehensive, coherent and adequately balanced response to the objectives set out in Article 3, as well as the general principles referred to in Article 4 ;
Amendment 492 #
Proposal for a regulation
Article 14 – paragraph 3 – point b a (new)
Article 14 – paragraph 3 – point b a (new)
(ba) whether the arrangements proposed by the Beneficiaries will be sufficient to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation;
Amendment 494 #
Proposal for a regulation
Article 14 – paragraph 3 – point c a (new)
Article 14 – paragraph 3 – point c a (new)
(ca) whether the reforms and investments in the Reform Agenda can be expected to contribute to the achievement of the overall target of ensuring the contribution of at least 50 % of the financial envelope to the climate and the environment calculated in accordance with Annex VI of Regulation 2021/241 Establishing the Recovery and Resilience Facility and thus to the green transition or to addressing the challenges resulting therefrom, as well how the Reform Agendas ensures that no measure for the implementation of reforms and investments included does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’) and does not finance stranded assets; as well as whether the reforms and investment in the Reform Agenda can be expected to contribute to the achievement of inclusive social convergence objectives;
Amendment 496 #
Proposal for a regulation
Article 14 – paragraph 3 – point c b (new)
Article 14 – paragraph 3 – point c b (new)
(cb) whether the arrangements have taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation, as well as whether the Reform Agenda strengthens the fight against fraud, any types of corruption including high level corruption, any types of nepotism and favouritism and conflicts of interests, organised crime and money laundering and terrorism financing, tax evasion, tax avoidance and tax fraud and ensures compliance with international law;
Amendment 498 #
Proposal for a regulation
Article 14 – paragraph 3 – point c c (new)
Article 14 – paragraph 3 – point c c (new)
(cc) whether the Reform Agenda can be expected to sufficiently achieve the strengthening of the freedom of media and academic freedom and to ensure an enabling environment for civil society;
Amendment 499 #
Proposal for a regulation
Article 14 – paragraph 3 – point c d (new)
Article 14 – paragraph 3 – point c d (new)
(cd) whether the Reform Agendas ensure that its measures will promote the digital transformation as an enabler for sustainable development and inclusive development and boost innovation, particularly for SMEs and start-ups and in support of the green and digital transitions and how it will boost quality and inclusive education, training, reskilling and upskilling, and employment policies and contribute to the objectives of social cohesion, equality and the inclusion of vulnerable groups;
Amendment 500 #
Proposal for a regulation
Article 14 – paragraph 3 – point c e (new)
Article 14 – paragraph 3 – point c e (new)
(ce) whether the measures under the Reforms Agendas are expected to promote gender equality, gender mainstreaming and the overall empowerment of women and girls, non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities including the Roma community and LGBTQI+ people;
Amendment 501 #
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
(g) whether the arrangements proposed by the Beneficiary are expected to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests and achieve an adequate level of protection of EU financial interests by applying at least comparable standards as provided for in Regulation (EU, Euratom) 2018/1046, when using the funds provided under the Facility, and ensure that there is no double funding from the Facility and other Union programmes as well as other donors from the Facility and other Union programmes as well as other donors.
Amendment 502 #
Proposal for a regulation
Article 14 – paragraph 3 – point g a (new)
Article 14 – paragraph 3 – point g a (new)
(ga) whether the measures under the Reform Agendas reinforce the democratic institutions including regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, the effectiveness of the public administration and support of transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid control;
Amendment 503 #
Proposal for a regulation
Article 14 – paragraph 3 – point g b (new)
Article 14 – paragraph 3 – point g b (new)
(gb) whether the Reform Agendas support initiatives and bodies involved in supporting and enforcing international justice in the Western Balkans Beneficiaries as well as work towards good neighbourly relations and sustainable reconciliation to overcome the legacies of the past, including but not limited to ensuring access to truth and justice, as well as effective reparations to victims of war crimes, crimes against humanity and genocide;
Amendment 504 #
Proposal for a regulation
Article 14 – paragraph 3 – point g c (new)
Article 14 – paragraph 3 – point g c (new)
(gc) whether the Reform Agendas support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and meaningful participation of regional and local authorities as well as civil society organisations and experts in legislative and decision-making processes ensuring democratic accountability and public scrutiny;
Amendment 505 #
Proposal for a regulation
Article 14 – paragraph 3 – point g d (new)
Article 14 – paragraph 3 – point g d (new)
(gd) whether the Reform Agendas measures ensure effective protection of whistleblowers;
Amendment 507 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Commission implementing decisiondelegated act
Amendment 509 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. In case of a positive assessment, the Commission shall approve by means of an implementing decision delegated act the Reform Agenda submitted by the Beneficiary, in accordance with Article 14 or, where applicable, of its amendment submitted in accordance with Article 16. That implementing decision shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 511 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission implementing decisiondelegated act shall set out the reforms to be implemented by the Beneficiary, the investment areas to be supported and the payment conditions stemming from the Reform Agenda, including the indicative timetable.
Amendment 512 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. The Commission implementing decisiondelegated act shall also lay down:
Amendment 515 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission may amend the implementing decisiondelegated act, in particular to take into account a change of the amounts available in line with the principles under Article 21.
Amendment 517 #
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 521 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. At least 3750% of the non-repayable financial support channelled through the WBIF shall account to climate objectives, calculated in accordance with Annex VI of Regulation 2021/241 Establishing the Recovery and Resilience Facility.
Amendment 525 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The Commission may reduce the amount of the non-repayable financial support, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or of the loan, in the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by the Beneficiary, or a serious breach of an obligation resulting from the Facility Agreements or from the Loan Agreements, including on the basis of information provided by OLAF. Information about such decisions needs to be transferred to the European Parliament and the Council.
Amendment 532 #
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects or programmes under the Reform Agendas;
Amendment 533 #
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) for the purpose of paragraph 1 of this Article, in particular for checks on the use of funds in relation to the implementation of reforms in the Reform Agendas, to ensure the collection of, and access to, in compliance with EU data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of measures of the Reform Agenda under chapter III;
Amendment 539 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Audit Board 1. The Commission shall establish an Audit Board before the submission by the Western Balkans Beneficiaries of the first payment request. 2. The Audit Board shall be composed of independent members appointed by the Commission. Representatives of Member States and other donors may be invited by the Commission to participate in the activities of the Audit Board. 3. At least one-fifth of the Audit Board should be composed of Beneficiaries’ nationals, given they have proven high professional competence and integrity and have no personal or professional affiliation to Beneficiaries’ authorities or officials as well as demonstrably independent international experts with a proven track record of understanding of the Beneficiaries’ economy and political system. 4. The Audit Board shall exercise its functions in complete objectivity and operate in compliance with best applicable international practices and standards. It shall act without prejudice to the powers of the Commission, OLAF, the Court of Auditors and, where applicable, the EPPO. 5. The Audit Board shall appoint an independent external auditor that provides an annual statement of assurance on the declarations by the Beneficiaries authorities that accompany a request for payment. It shall also approve the annual work plan of the independent external auditor. 6. The Audit Board shall decide on recommendations to the Commission and the Beneficiaries’ authorities on amounts to be recovered following the findings of the independent external auditor, and inform the Commission and the Beneficiaries’ authorities of those recommendations. 7. The Audit Board shall ensure regular dialogue and cooperation with the European Court of Auditors. 8. In carrying out their duties, the Audit Board, its members and its staff shall neither seek nor take instructions from the Beneficiaries’ governments or any institution, body, office or agency. Strong guarantees of independence shall apply for the selection of its staff, management and budget. 9. The Audit Board shall assist the Commission in fighting mismanagement of Union funding under the Facility and in particular fraud, corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility. 10. For that purpose, the Audit Board shall regularly report to the Commission and the relevant committees of the European Parliament and the Council, and transmit to the Commission without delay any information it obtains or is made aware of, on any identified cases of, or serious concerns in relation to, mismanagement of public funding incurred in relation with any amount spent to achieve the objectives of the Facility, including its performance. In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the EPPO any criminal conduct in respect of which the latter could exercise its competence. In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the EPPO any criminal conduct in respect of which the latter could exercise its competence. In addition, the Audit Board shall adopt recommendations to the Beneficiaries on all cases where in its view competent Beneficiaries’ authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by the Beneficiaries’ authorities. The Beneficiaries shall implement such recommendations, or provide a justification on why it has not done so. The reports of, and information from, the Audit Board shall also be sent to OLAF, and where applicable to the EPPO, and may be shared with the relevant Beneficiaries’ authorities, especially in case they need to take steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities, including its performance, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union. 11. The Audit Board shall have access to information, databases and registries required to carry out its tasks. The facility agreement referred to in Article 9 shall define rules and details for the access to relevant information by the Audit Board and the provision of relevant information by the Beneficiaries to the Audit Board. 12. The Audit Board may assist the Commission in supporting the Beneficiaries with capacity building activities in the field of fight against mismanagement of public funding.13. The functioning of the Audit Board shall be funded under Article 6 paragraph 2 (b), including the funding for the appointed independent external auditor.
Amendment 542 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission shall provide an annual report to the European Parliament and the Council on progress towards the achievement of the objectives of this Regulation and the adherence to the general principles in Article 4.
Amendment 543 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Western Balkans Facility Regular dialogue 1. In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committees of the European Parliament may invite the Commission and the relevant EU authorities and agencies every 6 months to discuss the following matters: (a) the state of implementation of the Facility (b) the status and assessment of the Facility Agreement; (c) the status of the involvement of all stakeholders, especially the national Parliaments (d) the main findings of the monitoring activities defined in this Regulation, including the annual report as defined in Article 24; (e) the status of fulfilment of the milestones and targets of the Facility Agreements; (f) payment, suspension and emergency procedures, including any observation presented and remedial measures taken by Beneficiaries to ensure a satisfactory fulfilment of the milestones and targets; (g) any other relevant information and documentation provided by the Commission to the competent committee of the European Parliament in relation to the implementation of the Facility. 2. The European Parliament may express its views in resolutions as regards the matters referred to in paragraph 1. 3. The Commission shall take into account any elements arising from the views expressed through the Western Balkans Facility Regular dialogue, including the resolutions from the European Parliament if provided, also in its assessments and drafts Council Implementing Decisions. 4. The scoreboard referred to in Article XX may serve as a basis for the dialogue.
Amendment 545 #
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b Western Balkans Facility Scoreboard 1. The Commission shall establish a WBF scoreboard (the ‘Scoreboard’), which shall display the progress of the implementation of the reform agendas of the beneficiaries in each of objectives referred to in Article 3. The Scoreboard shall constitute the performance reporting system of the Facility. 2. The Commission shall be empowered to adopt a delegated act in accordance with Article 26 to supplement this Regulation by defining the detailed elements of the Scoreboard with a view to displaying the progress of the implementation of the Facility as referred to in paragraph 1. 3. The Scoreboard shall be operational by December 2024 and shall be continuously updated by the Commission, as soon as performance information and other essential documents described in article 24a.4 become available. The Scoreboard shall be made publicly available on a website or internet portal. 4. The Scoreboard shall also present the key documents, such as the Reform Agenda’s, the Commission’s assessments of the Reform Agenda’s, the payment requests from the Beneficiaries, the Commission’s assessment of the fulfilment of payment conditions, the implementing decision of the reform agendas and the decisions authorising the release of funds. 5. The Scoreboard shall also present information on the final recipients of funds from this Facility.
Amendment 546 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. After 31 December 2027, but by 31 December 2031 at the latest, the Commission shall carry out an ex-post evaluation of the Regulation by means of an independent external evaluation. That ex-post evaluation shall assess the Union contribution to the achievement of the objectives of this Regulation. The Commission shall take due account of proposals by the European Parliament or the Council for this independent external evaluation.
Amendment 547 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The Commission shall communicate the findings and conclusions of this ex-post evaluation accompanied by its observations and follow-up, to the European Parliament, the Council and the Member States. This ex-post evaluation may be discussed at the request of Member States or the European Parliament. The results shall feed into the preparation of future programmes and actions and resource allocation. This ex- post evaluation and follow-up shall be made publicly available.
Amendment 548 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
The Commission shall, to an appropriate extent, associate all relevant stakeholders, including Beneficiaries, social partners, civil society organisations regional and local authorities in the evaluation process of the Union’s funding provided under this Regulation, and may, where appropriate, seek to undertake joint evaluations with the Member States and other partners with close involvement of the Beneficiaries.
Amendment 549 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Article 18s 13, 15, 16, 18, 19, 20, 21 and 24 shall be conferred on the Commission for an indeterminate period from the date of entry into force of this Regulation.