Activities of Hélène LAPORTE related to 2020/0100(COD)
Plenary speeches (1)
Public sector loan facility under the Just Transition Mechanism (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the public sector loan facility under the Just Transition Mechanism
Amendments (49)
Amendment 33 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199, drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve climate neutrality in the Union by 2050 in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenge while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation, in particular in carbon- intensive regions and those where the fossil fuel sector is a major provider of jobs. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
Amendment 39 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission adopted a Communication on the European Green Deal Investment Plan10 on 14 January 2020, establishing the Just Transition Mechanism which focuses on the regions and sectors that are most affected by the transition given their dependence on fossil fuels, including coal, peat and oil shale or greenhouse gas-intensive industrial processes but have less capacity to finance the necessary investments, imposed by the EU. The Just Transition Mechanism consists of three pillars: a Just Transition Fund implemented under shared management, a dedicated just transition scheme under InvestEU, and a public sector loan facility to mobilise additional investments to the regions concerned. _________________ 10 COM(2020) 21 final.
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) The proposal for establishing the Just Transition Fund was adopted by the Commission on 14 January 202011. For the better programming and implementation of the Fund, territorial just transition plans are to be adopted, setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy and with less capacity to deal with the transition challenges. The pace of programming of the Fund will have to be in line with the impact study expected in September, which is looking into two possible options for reducing greenhouse gas emissions by 2030 to 50% or 55% of 1990 levels, the difference between the two rates corresponding to a reduction in emissions of 280 megatonnes of greenhouse gases. _________________ 11 COM(2020) 22 final.
Amendment 49 #
Proposal for a regulation
Recital 4
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism. The sectors excluded under the Just Transition Fund Regulation should be excluded from the scope of this Facility.
Amendment 53 #
Proposal for a regulation
Recital 4
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism.
Amendment 58 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a widelimited range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plansmore sustainable economy. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smart waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circularmore sustainable economy, land restoration and decontamination, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be useda more sustainable economy.
Amendment 64 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, including former mining areas and peripheral regions, such as islands, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smart waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used.
Amendment 76 #
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
Amendment 78 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Facility should provide support in the form of grants provided by the Union combined with loans provided by a finance partner. The financial envelope of the grant component, implemented by the Commission in direct management should take the form of financing not linked to costs, in accordance with Article 125 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (the ‘Financial Regulation’)12 . That form of financing should help incentivise project promoters to participate and contribute to the achievement of the Facility’smunicipalities, towns, cities' and territories' objectives in an efficient way relative to the size of the loan. The loan component should be provided by the European Investment Bank (‘the EIB’). The Facility may also be extended to other finance partners providing the loan component, where additional resources for the grant component become available or where it is required for the correct implementation. _________________ 12 Regulation (EU Euratom) 2018/1046.
Amendment 81 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 84 #
Proposal for a regulation
Recital 9
Recital 9
(9) EUR 275 000 000 of the grant component of the Facility is to be financed by repayments from the financial instruments established by the programmes listed in Annex I to this Regulation. Such revenue stems from terminated programmes independent of the Facility, and should be considered external assigned revenue by derogation to Article 21(3)(f) of the Financial Regulation on the basis ofand Article 322(1) TFEU should be fully respected.
Amendment 85 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 87 #
Proposal for a regulation
Recital 10
Recital 10
(10) EUR 1 000 000 000 of the grant component of the Facility should be financed by the foreseeable surplus of the provisioning for the EU guarantee established by Regulation (EU) 2015/1017 of the European Parliament and of the Council which also establishes the European fund for strategic investments (the ‘EFSI Regulation’)14 . Therefore, a derogation should be made from point a) of Article 213(4) of the Financial Regulation, which envisages an obligation for any surplus of provisions for a budgetary guarantee to be returned to the budget, in order to assign that surplus to the Facility. That assigned revenue should be considered external assigned revenue by derogation to Article 21(3)(f) of the Financial Regulation on the basis of Article 322(1) TFEU. _________________ 14Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (OJ L 169, 1.7.2015, p. 1)Point a) of Article 213(4) of the Financial Regulation, which envisages an obligation for any surplus of provisions for a budgetary guarantee to be returned to the budget, should be fully respected.
Amendment 92 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that all Member States are granted the possibility to benefit from the grant component, a mechanism should be set up to establish earmarked national shares to be respected during a first stage, based on the distribution key proposed in the Just Transition Fund Regulation. However, in order to reconcile that objective with the need to optimise the economic impact of the Facility and its implementation, such national allocations should not be earmarked after 31 December 2024. Thereafter, the remaining rthe entire lifespan of the programme. Resources available for the grant component should be provided without any a pre- allocated national share and on a competitive basis at Union level, while ensuring predictability for investment and following a needs- viability-based and regional convergencisk-averse approach.
Amendment 95 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that all Member States are granted the possibility to benefit from the grant component, a mechanism should be set up to establish earmarked national shares to be respected during a first stage, based on the distribution key proposed in the Just Transition Fund Regulation, without the recommendations of the 2020 European Semester being considered as prerequisites. However, in order to reconcile that objective with the need to optimise the economic impact of the Facility and its implementation, such national allocations should not be earmarked after 31 December 2024. Thereafter, the remaining resources available for the grant component should be provided without any pre-allocated national share and on a competitive basis at Union level, while ensuring predictability for investment and following a needs-based and regional convergence approach.
Amendment 98 #
Proposal for a regulation
Recital 14
Recital 14
(14) Specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. Those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plans, the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. Union Support established by this Regulation should thus only be made available to Member States with at least one territorial just transition plan adopted. The work programme and calls for proposals will also take into account the territorial just transition plans submitted by Member States to ensure that coherence and consistency across the different pillars of the mechanism is ensured. The territorial plans drawn up jointly with the Commission must include common criteria: assistance to regions heavily dependent on fossil fuels and to carbon- intensive industries, a well-considered project for transition to low-carbon activities, a commitment to create new jobs in the green economy, a willingness to invest in renewable energy sources and in digital connectivity. The relevant local and regional authorities in the territories concerned should be closely involved in preparing the territorial just transition plan.
Amendment 111 #
Proposal for a regulation
Recital 15
Recital 15
(15) Support under this Facility should only be provided to projects that do not generate a sufficient stream of own revenues that would allow them to be financially viable on the basis of an average determined by two independent audit firms and to be financed solely by loans provided on market terms. Own revenues should correspond to revenues, budgetary transfers excepted, generated directly by the activities carried out by the project, such as sales, fees or tolls and as incremental savings generated by the upgrade of existing assets.
Amendment 119 #
Proposal for a regulation
Recital 19
Recital 19
(19) In accordance with the Financial Regulation and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council Regulations (Euratom, EC) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute offences against the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, and the European Court of Auditors (ECA), and ensure that any third parties involved in the implementation of Union funds grant equivalent rights. For any grant exceeding the sum of EUR 5 000 000, a biannual check on the use of European funds must be conducted by an auditor of the European Court of Auditors on the basis of documents and on-the-spot checks, which shall be the basis for the final discharge for the management of the funds.
Amendment 121 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 122 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 125 #
Proposal for a regulation
Recital 22
Recital 22
(22) The objective of this Regulation, namely to leverage public investment in territories, most impacted by the transition towards climate neutrality, including former mining areas and peripheral regions, by addressing the corresponding development needs, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are the difficulties for public entities to support investments, which do not generate sufficient streams of own revenues and benefit the territories most negatively impacted by climate transition, without EU grant support and the need for a coherent implementation framework under direct management. Since those objectives can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,.
Amendment 126 #
Proposal for a regulation
Recital 22
Recital 22
(22) The objective of this Regulation, namely to leverage public investment in territories, most impacted by the transition towards climate neutrality by addressing the corre is to sustain the unsustainable high public spoending development needs, cannot be sufficiently achieved by the Member States aloneculture in the EU. The main reasons in this regard are the difficulties for public entities to support investments, which do not generate sufficient streams of own revenues and benefit the territories most negatively impacted by climate transition, without EU grant support and the need for a coherent implementation framework under direct management. Since those objectives can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is supposedly necessary in order to achieve that objective,
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards a climate-neutral more sustainable economy of the Union by 2050.
Amendment 140 #
Proposal for a regulation
Article premier – paragraph 2
Article premier – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050, including former mining areas and peripheral regions, such as islands.
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challenges deriving from the transition process towards a climate- neutralmore sustainable economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation].
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Facility shall have the specific objective of increasingmproving the quality of public sector investments, which address the development needs of regions identified in the territorial just transition plans, by facilitating the financing of projects that dohave sufficiently proven not to generate a sufficient stream of own revenues and would not be financed without the element of grant support from the Union budget.
Amendment 176 #
3. The resources referred to in paragraph 1 may be complemented by financial contributions from Member States, third countries and from non- Union bodies. These resources shall constitute external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The resources referred to in paragraph 1 may be complemented by financial contributions from Member States, third countries and from non- Union bodies. These resources shall constitute external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. By derogation to Article 21(3)(f) of the Financial Regulation, resources stemming from repayments referred to in paragraph 1(b) shall constitute external assigned revenue within the meaning ofArticle 21(3)(f) and Article 21(53(4) of the Financial Regulation. By derogation from point a) of Article 213(4) of the Financial Regulation, the resources stemming from the EFSI provisioning surplus referred to in paragraph 1(b) shall constitute external assigned revenue within the meaning of Article 21(5) of the Financial Regulation shall be fully respected.
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. An amount up to 21% of the resources referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Facility such as preparatory, monitoring, control, audit and evaluation activities including corporate information and technology systems, as well as administrative expenditure and fees of the finance partners.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Union support provided under the Facility shall be implemented in direct management in accordance with the Financial Regulationunder the form of shared management with the Member States.
Amendment 188 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 191 #
Amendment 193 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For grants awarded pursuant to calls for proposals launched as from 1 January 2025, Union support awarded to eligible projects shall be provided without any pre- allocated national share and on a competitive basis at Union level until exhaustion of remaining resources. The award of such grants shall take into account the need to ensure predictability of investment and the promotion of regional convergence, while ensuring predictability of investment and following a viability-based and risk-averse approach.
Amendment 202 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
An administrative agreement shall be signed between the Commission and the finance partner prior to the implementation of the Facility with that finance partner. The agreement shall set out the respective rights and obligations of each party to the agreement, including on mandatory audit and communication arrangements.
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economy and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
Amendment 212 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the projects achieve a measurable, substantial and adequately proven impact in addressing serious social, economic or environmental challenges deriving fromnegative impact of the transition process towards a climate-neutralmore sustainable economy and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
Amendment 219 #
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) The project only engages subcontractors from EU Member States;
Amendment 220 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 221 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the projects do not generate a sufficient stream of own revenues allowing them to be financed without Union support, as confirmed by the average result of an assessment carried out by two independent audit firms.
Amendment 232 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Notwithstanding the criteria set out in Article 197 of the Financial Regulation, only public sector legal entities established in a Member State as a public law body, or as a body governed by private law entrusted with a public service mission of proven public interest, are eligible to apply as potential beneficiaries under this Regulation.
Amendment 240 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In addition to the grounds specified in Article 131(4) of the Financial Regulation and after consulting the finance partner, the amount of the grant may be reduced or the grant agreement may be terminated, if within twoone years from the date of signature of the grant agreement, the economically most significant supply, works or services contract has not been signed, in cases where the conclusion of such contract is envisaged pursuant to the grant agreement.
Amendment 243 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Advisory support under this Regulation shall be implemented in indirect management, in accordance with the rules and implementation methods for the InvestEU Advisory Hub established by Article [20] of Regulation [InvestEU Regulation]. In order to ensure that the hub provides rapid and straightforward support as regards its management, it shall be a one-stop shop.
Amendment 244 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Advisory support under this Regulation shall be implemented in indirect management, guaranteeing full transparency enabling public scrutiny, in accordance with the rules and implementation methods for the InvestEU Advisory Hub established by Article [20] of Regulation [InvestEU Regulation].
Amendment 260 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Evaluations on the implementation of the Facility and its capacity to reach the objectives set out in Article 3 shall be carried out in a sufficiently timely manner, and at the latest within 18 months as from performance of the contract, to feed into the decision-making process.
Amendment 262 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The interim evaluation of the Facility shall be performed by 30 June 20253, when sufficient information is expected to be available about the implementation of the Facility. The evaluation shall in particular demonstrate how the Union support provided under the Facility shall have contributed in addressing the needs of territories implementing the territorial just transition plans.
Amendment 273 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The beneficiaries and the finance partners shall ensure the visibility of the Union support provided under the Facility, in particular when promoting the projects and their results, by providing targeted information to multiple audiences, including the media and the public. , and by publishing details of the nature of the projects and the amounts involved on their websites.
Amendment 277 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 280 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1