40 Amendments of Margarida MARQUES related to 2020/0380(COD)
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) Following the end of the transition period, barriers to trade and to cross-border exchanges between the Union and the United Kingdom will be present. Broad and far-reaching social and economic consequences for businesses, especially SMEs and micro-entities and their employees, citizens and public administrations, local communities and regions, are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 43 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economic impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, especially the most affected ones in such exceptional circumstances. However, many uncertainties associated with the impact of the UK’s withdrawal remain, which make it difficult to determine the specific exposure of a Member State’s economy. For example, possible positive gains can be expected from the movement of economic sectors of activity from the UK to certain Member States in the Union.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions, local communities and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public expenditure incurred by Member States for measures specifically taken to mitigate those consequences.
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal, giving special attention to SMEs, micro-entities and their employees with the aim of securing quality employment and social security and protection . Member States should ensure that new high-quality jobs are created in those regions and local communities particularly affected, as jobs are key for regions and local communities to thrive. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
Amendment 59 #
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported. Furthermore, the support given should not lead to distortion of competition within the internal market.
Amendment 61 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) It should be noted that there is potentially big variation in the financial allocation per Member State. In order to allow the use of the resources in the most efficient way, technical assistance used by the bodies responsible for the management, monitoring, information and communication and control and auditing of the Reserve should be set at 3% of the contribution from the Reserve for each Member State.
Amendment 63 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to take into account the immediate impact of the adverse consequences of the withdrawal of the United Kingdom from the Union on the Member States and their economies and the need to adopt mitigating and adapting measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 JulFebruary 2020 and be concentrated over a limited period of 30 monthsuntil 31 December 2022.
Amendment 70 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Stresses the need for each EU budgetary programme and its beneficiaries to ensure respect for fundamental rights and deliver and contribute to implementing gender equality and its mainstreaming, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
Amendment 71 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The implementation of the Reserve should be carried out in line with the principle of sound financial management, including the effective prevention and prosecution of tax fraud, tax evasion, tax avoidance and aggressive tax planning.
Amendment 72 #
Proposal for a regulation
Recital 9
Recital 9
(9) 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 (TFEU) 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, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the general regime of Rule of Law conditionality for the protection of the Union budget.
Amendment 77 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics and needs to ensure equal treatment of all Member States. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
Amendment 85 #
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to thatall Member States within the limits of the financial resources available. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for. For the additional amounts, the allocation criteria as set out in Annex I should apply.
Amendment 87 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated. Where new bodies are created by the Member States, the Commission should, in the early stages of the eligibility period, assess their adequacy in contributing to the protection of the financial interests of the EU. The Commission should furthermore ensure a consistent and comparable audit approach in all Member States.
Amendment 91 #
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with the Financial Regulation, Council Regulation (EC, Euratom) No 2988/9514 , Council Regulation (Euratom, EC) No 2185/9615 and Council Regulation (EU) 2017/193916 and Regulation (EU, Euratom) No 2020/2092on a general regime of Rule of Law conditionality for the protection of the Union budget, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (Euratom, EC) No 2185/96, 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 fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 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). 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). 16Council 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). 17Regulation (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). 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 92 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) In order to ensure efficient and coherent allocation of funds from the Union budget and to respect the principle of sound financial management, financial actions under the Reserve should be consistent with and complementary to ongoing Union programmes and priorities, such as the digital transition and a just climate transition, while avoiding double funding for the same expenditure. Therefore, financial support under the Reserve should be additional to the support provided under other Union programmes and instruments, provided that such support does not cover the same cost.
Amendment 96 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to enhance transparency on the use of the Union contribution, the Commission should provide a final report to the European Parliament and the Council on the implementation of the Reserve. The Commission should evaluate in particular whether resources were used in an effective, efficient and EU value- added way, with Member States providing assistance to those regions, local communities and sectors particularly affected. The evaluation should also assess whether there was real and measurable impact in mitigating the negative effects of the UK's withdrawal from the EU, taking into consideration the very broad eligibility criteria for expenditure, the lack of clear priorities and indicators, as well as, the lack of an impact assessment and stakeholder consultation prior to adopting the proposal.
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 JulFebruary 2020 to 31 December 2022;
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the Union in Member States, regionbusinesses, especially SMEs and micro-entities including their employees, regions, local communities and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The maximum resources for the Reserve shall be EUR 5 370 994000 000 000 in current2018 prices.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) a pre-financing amount of EUR 4 244 832 000000 000 000 in 2018 prices shall be made available in 2021 in accordance with Article 8;
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000000 000 000 in 2018 prices shall be made available in 2024 in accordance with Article 11.
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) measures to assist businesses, especially SMEs and micro-entities, and local communities and regions adversely affected by the withdrawal;
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) measures to support businesses, especially SMEs and micro entities and local communities and regions dependent on fishing activities in the United Kingdom waters;
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment, and job creation, especially in those regions and local communities most affected, with the aim of securing quality employment, social security and protection including through short-time work schemes, re-skilling and upskilling and training in affected sectors;
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) measures to facilitate regimes for certification and authorisation of products, to assist in meeting establishment requirements, to facilitate labelling and marking, for example for safety, health and environmental and social standards, as well as to assist in mutual recognition, including additional personnel and infrastructure, especially digital infrastructure;
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures referred to in paragraph 1 shall comply with applicable law, the implementation of gender equality, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Measures eligible under paragraph 1 may receivshall be additional to the support fpromvided under other Union programmes and instruments provided that such support does not cover the same cost.
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures and of flat-rate financing for technical assistance.
Amendment 166 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall pay the pre- financing within 6045 days of the date of the adoption of the implementing act referred to in paragraph 2. It shall be cleared in accordance with Article 11.
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) a description of the impact of the withdrawal of the United Kingdom from the Union in economic and social terms, especially on jobs and employment, including an identification of the regions, areas and sectors most affected;
Amendment 178 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) a description of the measures taken to counter the adverse consequences of the withdrawal of the United Kingdom from the Union, of the extent to which those measures alleviated the regional, local and sectoral impact referred to in point (a), and how they were implemented; a description of whether the measures created new high quality jobs in those regions and local communities particularly affected;
Amendment 180 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) a description of the contribution of the measures to climate change mitigation and adaptation, the sustainable use and protection of water and marine resources, the protection and restoration of biodiversity and ecosystems, and the transition to a circular economy, where relevant.
Amendment 184 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 186 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Where the accepted amount exceeds both the amount of pre-financing and 0.06% of the nominal GNI of 2021 of the Member State concerned, an aAdditional amounts shall be due to that Member States from the allocation referred to in Article 4(3), point (b), and any amounts carried over pursuant to Article 8(4).
Amendment 190 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 191 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 205 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. The independent audit body shall audit the system and carry out independent audits of financed measures in order to provide independent assurance to the Commission regarding the effective functioning of the management and control system and the legality and regularity of the expenditure included in the accounts submitted to the Commission.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
The independent audits of the financed measures shall cover expenditure on the basis of a sample. That sample shall be representative and based on statistical sampling methods.
Amendment 213 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 30 June 2026, the Commission shall carry out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission shall evaluate to what extent Member States' measures alleviated the impact in particularly affected local communities, regions and sectors. The Commission may make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.