26 Amendments of Jan OLBRYCHT related to 2016/0282(COD)
Amendment 37 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 67 #
Proposal for a regulation
Recital 178
Recital 178
Amendment 72 #
Proposal for a regulation
Recital 184
Recital 184
(184) In adopting Regulation (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 – the European Fund for Strategic Investments (EFSI) – it was desired to enable Member States to use ESI Funds to contribute to the financing of eligible projects that arin which the EIB itself, or through the EIF, is investing with the supported by of the EU guarantee covered by, provided that those projects comply with the eligibility criteria and the objectives and principles under the legal framework of the relevant instruments and of the EFSI. A specific provision should be introduced to set out the terms and conditions to allow for better interaction and complementarity that will facilitate the possibility to combine ESI funds with EIB financial products under the EFSI’s Union Guarantee.
Amendment 74 #
Proposal for a regulation
Recital 188
Recital 188
(188) In order to incentivise private investors to co-invest in public policy projects, the concept of differentiated treatment of investors, which allows under specific conditions that ESI Funds can take a subordinated position to a private investor and EIB financial products under the EFSI’s EU Guarantee, should be introduced. At the same time, the conditions for application of such a differentiated treatment when implementing ESI funds should be laid down.
Amendment 97 #
Proposal for a regulation
Article 125
Article 125
Amendment 127 #
Proposal for a regulation
Article 265 – paragraph 1 – point 6
Article 265 – paragraph 1 – point 6
Amendment 156 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point ii
Article 265 – paragraph 1 – point 11 – point b – point ii
“When implementing the financial instrument, the bodies referred to in points (a)to (d) of the first subparagraph shall ensure compliancecomply with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria, as set out in EU legislation including Commission recommendations and communications or or any formal notice by the latter. They shall not be established and, in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co-operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements.”
Amendment 161 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 1
Article 39a – paragraph 1
1. Member States may use ESI Funds to provide a contribution to financial instruments referred to in point (c) of Article 38(1) provided it has the aim to attract additional private sector investment and continues to contribute to ESI Funds objectives and the Union strategy for smart, sustainable and inclusive growth.
Amendment 164 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 1 a (new)
Article 39a – paragraph 1 a (new)
1a. When a Member State decides to provide such a contribution to financial instruments, the leverage and profitable effects of the financial instrument shall be in the territory of the respective Member State and its regions;
Amendment 168 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 2
Article 39a – paragraph 2
2. The contribution referred to in paragraph 1 shall not exceed 215 % of the total support provided to final recipients. In the less developed regions referred to in point (b) of Article 120(3), the financial contribution may exceed 215% where duly justified by the ex-ante assessment, but shall not exceed 530%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi-equity investments provided to final recipients. The guaranteed loans referred to in this paragraph shall only be taken into account to the extent that ESI Funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans.
Amendment 174 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 6
Article 39a – paragraph 6
6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 of this article shall ensure compliancecomply with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in EU legislation including Commission recommendations and communications or any formal notice by the latter. They shall not be established and, in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co- operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements.
Amendment 181 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 12
Article 39a – paragraph 12
12. In case of financial instruments referred to in point (c) of Article 38(1) which take the form of a guarantee instrument, Member States may decide that ESI Funds may contribute to junior and/or mezzanine tranches of portfolios of loans covered also under the EFSI’s Union guarantee. Leverage and returns resulting from such contributions shall be used in accordance with the objectives of the respective ESI Funds to support actions and final recipients consistent with the programme(s) from which such contributions are made.
Amendment 182 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 13
Article 39a – paragraph 13
13. For the ERDF, the ESF, the Cohesion Fund and the EMFF, a separate priority, and for the EAFRD, a separate type of operation, with a co-financing rate according to the determination of co- financing rates in article 120(3) with a drop down of up to 1005% may be established within a programme to support operations implemented through financial instruments referred to in point (c) of Article 38(1).
Amendment 183 #
Proposal for a regulation
Article 265 – paragraph 1 – point 13
Article 265 – paragraph 1 – point 13
Regulation (EU) No 1303/2013
Article 39a – paragraph 14
Article 39a – paragraph 14
14. Notwithstanding Articles 70 and 93(1), contributions pursuant to paragraph 1 of this Article may be used for the purpose of giving rise to new debt and equity finance. Leverage and profitable effects thereof shall be in the entire territory of the respective Member State without regard to the categories of region, unless otherwise provided for in the funding agreementand its regions.
Amendment 205 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 1
Article 43a – paragraph 1
1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from the ESI Funds, may be used for differentiated treatment of private investors, as well as the EIB when using the EU guarantee pursuant to Regulation (EU) 2015/1017. Such differentiated treatment shall be justified by the need to attract private counterpart resources.
Amendment 214 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 3
Article 43a – paragraph 3
3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate private investors and the EIB when using the EU guarantee according to Regulation (EU) 2015/1017. The alignment of interest shall be ensured through an appropriate sharing of risk and profit.
Amendment 224 #
Proposal for a regulation
Article 265 – paragraph 1 – point 22 – point a a (new)
Article 265 – paragraph 1 – point 22 – point a a (new)
Regulation (EU) No 1303/2013
Article 58 – paragraph 1 – point f
Article 58 – paragraph 1 – point f
Amendment 225 #
Proposal for a regulation
Article 265 – paragraph 1 – point 23 – point a a (new)
Article 265 – paragraph 1 – point 23 – point a a (new)
Regulation (EU) No 1303/2013
Article 59 – paragraph 1 b (new)
Article 59 – paragraph 1 b (new)
(aa) The following paragraph 1b is added: “1b. 0.25% of the money available for technical assistance shall be used to carry out communication activities to raise awareness and to inform citizens about the results and successes of projects supported by ESI Funds; such communication activities shall continue until 4 years after closure of the project when results of a project are clearly visible.”
Amendment 256 #
Proposal for a regulation
Article 265 – paragraph 1 – point 40 – point e a (new)
Article 265 – paragraph 1 – point 40 – point e a (new)
Regulation (EU) No 1303/2013
Article 106 – subparagraph 1 – point 8 – point ca
Article 106 – subparagraph 1 – point 8 – point ca
(ea) the following point is added: (ca) the arrangements ensuring the dissemination of information and communication in relation to the joint action plan and to the Funds;
Amendment 259 #
Proposal for a regulation
Article 265 – paragraph 1 – point 47 – point a
Article 265 – paragraph 1 – point 47 – point a
Regulation (EU) No 1303/2013
Article 119 – paragraph 1 –subparagraph 1
Article 119 – paragraph 1 –subparagraph 1
The amount of the Funds allocated to technical assistance shall be limited to 4 % of the total amount of the Funds allocated to operational programmes at the time of the adoption of the operational programmes in a Member State of the Investment for jobs and growth goal. 0.25% thereof shall be used for information and communication activities as defined in article 59;
Amendment 267 #
Proposal for a regulation
Article 265 – paragraph 1 – point 60
Article 265 – paragraph 1 – point 60
Regulation (EU) No 1303/2013
Article 152 – paragraph 3a
Article 152 – paragraph 3a
“Where a call for proposal is launched prior to the entry into force of Regulation XXX/YYY amending the present Regulation the managing authority (or monitoring committee for the programmes under the European territorial cooperation goal) may decide not to apply the obligation set out in Article 67(2a) for a maximum of 612 months starting from the date of entry into force of Regulation XXX/YYY. Where the document setting out the conditions for support is provided to the beneficiary within a period of 6 12 months starting from the date of entry into force of Regulation XXX/YYY the managing authority may decide not to apply those amended provisions.”
Amendment 272 #
Proposal for a regulation
Article 265 – paragraph 1 – point 61 a (new)
Article 265 – paragraph 1 – point 61 a (new)
Regulation (EU) No 1303/2013
Annexe XII – subsection 2.2 – point 4
Annexe XII – subsection 2.2 – point 4
61a. In subsection 2.2 point 4 is replaced by the following: “4. During implementation of an ERDF or Cohesion Fund operation, the beneficiary shall put up, at a location readily visible to the public, a temporary billboard of a significant size for each operation consisting of the financing of infrastructure or construction operations for which the total public support to the operation exceeds EUR 500 000.;”
Amendment 273 #
Proposal for a regulation
Article 265 – paragraph 1 – point 61 b (new)
Article 265 – paragraph 1 – point 61 b (new)
Regulation (EU) No 1303/2013
Annexe XII – subsection 2.2 – point 5 – introductory part
Annexe XII – subsection 2.2 – point 5 – introductory part
61b. In subsection 2.2. point 5 the introductory part is replaced by the following: “5. No later than three months after completion of an operation, the beneficiary shall put up a permanent plaque or billboard of significant size at a location readily visible to the public ofor each operation that fulfils the following criteriaon:
Amendment 274 #
Proposal for a regulation
Article 265 – paragraph 1 – point 61 b (new)
Article 265 – paragraph 1 – point 61 b (new)
Regulation (EU) No 1303/2013
Annexe XII – subsection 2.2 – point 5 – point a
Annexe XII – subsection 2.2 – point 5 – point a
Amendment 536 #
Proposal for a regulation
Article 125
Article 125
Amendment 558 #
Proposal for a regulation
Article 151 – paragraph 2 – point b a (new)
Article 151 – paragraph 2 – point b a (new)
(ba) faith-based organisations;