48 Amendments of Richard ASHWORTH related to 2016/0282(COD)
Amendment 211 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the financial rules applicable to the general budget of the Union and amending Regulation (EC) No 2012/2002, Regulations (EU) No 1296/2013, (EU) 1301/2013, (EU) No 1303/2013, EU No 1304/2013, (EU) No 1305/2013, (EU) No 1306/2013, (EU) No 1307/2013, (EU) No 1308/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014,(EU) No 283/2014, (EU) No 652/2014 of the European Parliament and of the Council and Decision No 541/2014/EU of the European Parliament and of the Council and repealing Regulation (EU, Euratom) No 966/2012
Amendment 212 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42, 43(2), 46(d), 149, 153(2)(a), 164, 168(4)(b), 172, 175, 177, 178, 189(2), 209(1), 212(2), 322(21) and 349 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Articles 106a thereof,
Amendment 365 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘blending operation’ means an action carried out within a blending facility which combines non-repayable forms of support and/or financial instruments from the EU budget and financial instruments from development or other public finance institutions as well as from commercial finance institutions and investors, notwithstanding the rule contained in Article 201(4) stating that only public law bodies or bodies with a public service mission may be entrusted with the implementation of the Union budget. Blending operations may include preparatory action leading to potential investments from finance institutions;
Amendment 367 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘blending facility’ means a facility established as a cooperation framework between the Commission and development or other public finance institutions as well as commercial finance institutions and investors which aims at achieving certain Union priority objectives and policies in using blending operations and other individual actions, notwithstanding the rule contained in Article 201(4) stating that only public law bodies or bodies with a public service mission may be entrusted with the implementation of the Union budget;
Amendment 372 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
27. ‘financial instruments’ means Union measures of financial support provided from the budget in order to address one or more specific policy objectives of the Union. Such instruments may take the form of equity or quasi-equity investments, loans, repayable advances or guarantees, or other risk-sharing instruments, and may, where appropriate, be combined with other forms of financial support or with funds under shared implementation or EDF funds;
Amendment 375 #
Proposal for a regulation
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
34. ‘loan’ means an agreement which obliges the lender to make available to the borrower an agreed sum of money for an agreed period of time and under which the borrower is obliged to repay that amount within the agreed time; such loans may take the form of a repayable advance;
Amendment 376 #
38. 'multiplier effect' means the investment by eligible final recipientsamount of private capital attracted divided by the amount of the Union contribution.
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)
Article 2 – paragraph 1 – point 46 a (new)
46 a. 'repayable advance' means a loan for a project which is paid in one or more instalments and the conditions for the reimbursement of which depend on the outcome of the project;
Amendment 419 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point e
Article 28 – paragraph 1 – subparagraph 1 – point e
Amendment 423 #
Proposal for a regulation
Article 29 – paragraph 6 – introductory part
Article 29 – paragraph 6 – introductory part
6. The transfer proposal shall be approved, if, within the six-week period, any of the following occurs: neither the European Parliament nor the Council take a decision to amend or refuse the transfer proposal.
Amendment 424 #
Proposal for a regulation
Article 29 – paragraph 6 – point a
Article 29 – paragraph 6 – point a
Amendment 425 #
Proposal for a regulation
Article 29 – paragraph 6 – point b
Article 29 – paragraph 6 – point b
Amendment 426 #
Proposal for a regulation
Article 29 – paragraph 6 – point c
Article 29 – paragraph 6 – point c
Amendment 435 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Programmes and activities which entail significant spending shall be subject to ex-ante and retrospectivewith resources mobilized exceeding EUR 5 000 000 shall be subject to impact assessment and ex- post evaluation ("evaluation"), which shall be proportionate to the objectives and expenditure.
Amendment 436 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Ex-ante evaluationImpact assessments supporting the preparation of programmes and activities shall be based on evidence on the performance of related programmes or activities and shall identify and analyse the issues to be addressed, EU added value, objectives, expected effects of different options and monitoring and evaluation arrangementsthe policy options available including the risks associated with them, expected effects of different options in particular any economic, social and environmental impact, and monitoring and evaluation arrangements needed to measure them, the most appropriate method of implementation for the preferred option(s), the internal coherence and relations with other relevant instruments, the volume of appropriations, human resources and other administrative expenditure to be allocated with due regard to cost- effectiveness, and the lessons learned from the past.
Amendment 437 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. RetrospectiveEx-post evaluations shall assess the performance of the programme or activity, including aspects such as effectiveness, efficiency, economy, coherence, relevance and EU added value. They shall be undertaken periodicallyIn so doing, they shall take into account the outcome of the monitoring exercise with performance indicators, as specified in Article 31(2). They shall be undertaken periodically, and at least every six years for programmes and activities which entail significant spending, and in sufficient time for the findings to be taken into account in ex-ante evaluationimpact assessments which support the preparation of related programmes and activities.
Amendment 438 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Any proposal or initiative submitted to the legislative authority by the Commission, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) or by a Member State, which may have an impact on the budget, including changes in the number of posts, shall be accompanied by a financial statement and by an ex ante evaluationimpact assessment as provided for in Article 32.
Amendment 454 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 a (new)
Article 39 – paragraph 1 – subparagraph 1 a (new)
Before submitting the draft budget, the Commission shall perform a consultation of citizens.
Amendment 458 #
This working document shall also include specific information on the ten worst- performing financial instruments, as well as an overview of the administrative expenditure arising from management fees and other financial and operating charges paid for the management of financial instruments in total and per managing party and per financial instrument managed.
Amendment 512 #
Proposal for a regulation
Article 110 – paragraph 6
Article 110 – paragraph 6
6. Provisional budgetary commitments shall be implemented by the conclusion of one or more legal commitments giving rise to an entitlement to subsequent payments. However, in cases relating to expenditure on staff management, Members or former Members of a Union institution or relating to communication expenditures engaged in by the institutions for the coverage of Union events or in cases referred to in point 14.5 of the Annex to this Regulation, they may be implemented directly by payments.
Amendment 513 #
Proposal for a regulation
Article 114 – paragraph 1 – point a
Article 114 – paragraph 1 – point a
(a) 960 calendar days for contribution agreements, contracts and, grant agreements involving technical services or actions which are particularly complex to evaluate and for which payment depends on the approval of a report or a certificate;
Amendment 515 #
Proposal for a regulation
Article 114 – paragraph 1 – point b
Article 114 – paragraph 1 – point b
Amendment 546 #
Proposal for a regulation
Article 132 – paragraph 4 – point a
Article 132 – paragraph 4 – point a
(a) a natural or legal person who is a member of the administrative, management or supervisory body of the et person or entity referred to in Article 131(1), or who has powers of representation, decision or control with regard to these persons or entities, including persons and entities within the ownership and control structure and beneficial owners, is in one or more of the situations referred to in points (c) to (f) of paragraph 1;
Amendment 547 #
Proposal for a regulation
Article 133 – paragraph 2 – point b
Article 133 – paragraph 2 – point b
(b) information on natural or legal persons that are members of the administrative, management or supervisory body of the participant or that have powers of representation, decision or control with regard to that participant, including persons and entities within the ownership and control structure and beneficial owners, and appropriate evidence that one or several of those persons are not in one of the exclusion situations referred to in points (c) to (f) of Article 132(1).
Amendment 560 #
Proposal for a regulation
Article 151 a (new)
Article 151 a (new)
Amendment 563 #
Proposal for a regulation
Article 153 – paragraph 3
Article 153 – paragraph 3
3. For financial instruments within blending facilities, point (h) of Article 202(1) shall be deemed to be complied with if an ex ante evaluationimpact assessment is carried out prior to the establishment of the relevant blending facility;
Amendment 573 #
Proposal for a regulation
Article 175 – paragraph 2 – subparagraph 1 (new)
Article 175 – paragraph 2 – subparagraph 1 (new)
The precise criteria for the required output shall be negotiated between the Commission and the beneficiary and be specified in the grant agreement, on a case-by-case basis and as the circumstances require.
Amendment 602 #
Proposal for a regulation
Article 186 – paragraph 4
Article 186 – paragraph 4
4. In the case of operating grants, the grant agreement shall be signed within sixthree months of the start of the beneficiary's financial year. Costs eligible for financing may neither have been incurred before the grant application was submitted nor before the start of the beneficiary's financial year.
Amendment 605 #
Proposal for a regulation
Article 186 a (new)
Article 186 a (new)
Article 186 a By way of derogation from this Article, if a European political foundation within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may be carried over to the following year provided that it is used before the end of the first quarter of that following year.
Amendment 610 #
Proposal for a regulation
Article 189 – paragraph 1 – point d – paragraph 6
Article 189 – paragraph 1 – point d – paragraph 6
The first subparagraph shall not apply to public bodies, Member State Organisations, and the international organisations referred to in Article 151.
Amendment 612 #
Proposal for a regulation
Article 191 – paragraph 5 – point c a (new)
Article 191 – paragraph 5 – point c a (new)
(ca) Member State Organisations;
Amendment 614 #
Proposal for a regulation
Article 191 – paragraph 6
Article 191 – paragraph 6
6. The authorising officer responsible may, depending on a risk assessment, waive the obligation to verify the operational capacity of public bodies, Member State Organisations, or international organisations.
Amendment 623 #
Proposal for a regulation
Article 202 – paragraph 1 – point d
Article 202 – paragraph 1 – point d
(d) achieve a leverage or a multiplier effect, by mobilising a global investment exceeding the size of the Union contribution or guarantee. The target range of values for the leverage and multiplier effect shall be based on an ex-ante evaluationimpact assessment for the corresponding financial instrument or budgetary guarantee;
Amendment 624 #
Proposal for a regulation
Article 202 – paragraph 1 – point g
Article 202 – paragraph 1 – point g
(g) provide for any remuneration of the implementing entities or counterparts involved in the implementation to be performance based. Performance based fees shall comprise administrative fees to remunerate the entity or counterpart for the work carried out in the implementation of a financial instrument or budgetary guarantee calculated on the basis of funds actually transferred, and, where appropriate, policy related incentives to promote the achievement of the policy objectives or incentivise the financial performance of the financial instrument or budgetary guarantee. Exceptional expenses may be reimbursed;
Amendment 626 #
Proposal for a regulation
Article 202 – paragraph 1 – point h
Article 202 – paragraph 1 – point h
(h) be based on ex-ante evaluationimpact assessments, individually or as part of a programme, in line with Article 32. The ex-ante evaluationimpact assessment shall contain explanations concerning the choice of the type of financial operation taking into account the policy objectives pursued and the associated financial risks and savings for the budget of the Union. These assessments shall be reviewed and updated to take into account the effect of major socioeconomic changes on the rationale of the instrument or guarantee.
Amendment 629 #
Proposal for a regulation
Article 203 – paragraph 2
Article 203 – paragraph 2
2. Budgetary guarantees and financial assistance may generate a contingent liability for the Union which may only exceeding the financial assets provided to cover the financial liability of the Union if so provided in a basic act establishing a guarantee and under the conditions set out therein.
Amendment 640 #
3. As regards contributions from funds under shared implementation to financial instruments established under this Section, the sector specific rules shall apply. Notwithstanding the foregoing, Managing Authorities may rely on an existing ex-ante evaluationimpact assessment, carried out in accordance with point (h) of Article 202(1), prior to contributing to an existing financial instrument.
Amendment 643 #
Proposal for a regulation
Article 215 – paragraph 3
Article 215 – paragraph 3
3. Contributions shall not be used to directly or indirectly grant any personal advantage, in cash or in kind, to any individual member or member of staff of a European political party. Contributions shall not be used to directly or indirectly finance activities of third parties, in particular national political parties or political foundations at European or national level, whether in the form of grants, donations, loans or any other similar agreements. For the purposes of this Article, associated entities of European political parties at European level, such as youth and women organisations of these parties, shall not be regarded as third parties. Contributions shall not be used for any of the purposes excluded by Article 22 of Regulation (EU, Euratom) No 1141/2014.
Amendment 644 #
Proposal for a regulation
Article 215 – paragraph 6 a (new)
Article 215 – paragraph 6 a (new)
6a. European political parties are allowed to build up reserves with the amount of their own resources exceeding 15% of their annual reimbursable expenditure.
Amendment 646 #
Proposal for a regulation
Article 215 – paragraph 7
Article 215 – paragraph 7
Amendment 657 #
Proposal for a regulation
Article 227 – paragraph 3 – point a
Article 227 – paragraph 3 – point a
(a) it has been established by an impact assessment that there is added value to the Union intervention: trust funds shall only be created and implemented at Union level where their objectives, in particular by reason of their scale or potential effects, may be better achieved at Union level than at national level;
Amendment 661 #
Proposal for a regulation
Article 227 – paragraph 3 – point b a (new)
Article 227 – paragraph 3 – point b a (new)
(ba) the objectives of Union trust funds for external action shall be aligned with the objectives of the Union instrument or budgetary item from which they are funded.
Amendment 676 #
Proposal for a regulation
Article 242 – paragraph 1
Article 242 – paragraph 1
The Commission shall report annually to the European Parliament and to the Council on financial instruments, budgetary guarantees, financial assistance, contingent liabilities and the common provisioning fund as of 30 June of the year of publication in accordance with paragraphs 4 and 5 of Article 39 and with point (d) of Article 50(1). That information shall be made available to the Court of Auditors at the same time.
Amendment 678 #
Proposal for a regulation
Article 250 – paragraph 1
Article 250 – paragraph 1
1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 1530 June, any observations which are, in its opinion, such that they should appear in the annual report. Those observations shall remain confidential and shall be subject to an adversarial procedure to enable the institutions concerned to comment upon them. Those observations shall remain confidential. Each institution shall address its reply to the Court of Auditors by 15 OctoberJuly. The replies of institutions other than the Commission shall be sent to the Commission at the same time.
Amendment 684 #
Proposal for a regulation
Article 256 – paragraph 2 – subparagraph 1
Article 256 – paragraph 2 – subparagraph 1
The administrative appropriations covered by this Title shall be those set out in Article 45(3) and those of the other institutions.
Amendment 754 #
Proposal for a regulation
Article 278 – paragraph 2
Article 278 – paragraph 2
Such review shall cover, inter alia, the implementation of the provisions of Title VIIIX of Part One and the deadlines set out in Article 251.
Amendment 755 #
Proposal for a regulation
Article 279 – paragraph 1
Article 279 – paragraph 1
Regulation (EC,U, Euratom) No 966/2012 and Delegated Regulation (EU) No 1268/2012 areis repealed with effect from 1 January 20XX.
Amendment 756 #
Proposal for a regulation
Article 280 – paragraph 5 a (new)
Article 280 – paragraph 5 a (new)
By derogation from the second paragraph of this Article, point -a of Article 121(1) shall apply from the date of entry into force of the post-2020 multiannual financial framework, except where otherwise provided in the basic act.