BETA

32 Amendments of Francisco ASSIS related to 2018/0196(COD)

Francisco ASSIS

Proposal for a regulation
Recital 9

(9) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 235 % of the EU budget expenditure supporting climate objectives.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Recital 20

(20) Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. ~~To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.~~

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)

(-a) A more cohesive Europe by reducing the national and regional socio- economic asymmetries;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) a smarter Europe by promoting a sustainable, socially responsible and innovative ~~and smart~~ economic transformation;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) aA more connected Europe ~~by enhancing mobility and regional~~, reducing the isolation of the outermost regions by investing in their accessibility, betting in green mobility, promoting interoperability and intermodality in the transport sector and enhancing ICT connectivity;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 6 – paragraph 4

4. At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report the outcome to the European Parliament and to the Council.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Title 2 – chapter 3 – title

Measures linked to ~~sound economic governance~~the use and suspension of funds

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 5 a (new)

5a. 6. Paragraphs 1 to 5 shall not apply to priorities or programmes under Article [4(c)(v)(ii)] of ESF+ Regulation.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 6

6. Where the Member State fails to take effective action in response to a request made in accordance with paragraph 1, within the deadlines set out in paragraphs 3 and 4, the Commission may suspend all or part of the payments for the programmes or priorities concerned in accordance with Article 91.deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 7

7. The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases: (a) where the Council decides in accordance with Article 126(8) or Article 126(11) TFEU that a Member State has not taken effective action to correct its excessive deficit; (b) where the Council adopts two successive recommendations in the same imbalance procedure, in accordance with Article 8(3) of Regulation (EU) No 1176/2011 of the European Parliament and of the Council40 on the grounds that a Member State has submitted an insufficient corrective action plan; (c) where the Council adopts two successive decisions in the same imbalance procedure in accordance with Article 10(4) of Regulation (EU) No 1176/2011 establishing non- compliance by a Member State on the grounds that it has not taken the recommended corrective action; (d) where the Commission concludes that a Member State has not taken measures as referred to in Council Regulation (EC) No 332/200241 and as a consequence decides not to authorise the disbursement of the financial assistance granted to that Member State; (e) where the Council decides that a Member State does not comply with the macro-economic adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 of the European Parliament and of the Council42, or with the measures requested by a Council decision adopted in accordance with Article 136(1) TFEU. Priority shall be given to the suspension of commitments; payments shall be suspended only when immediate action is sought and in the case of significant non- compliance. The suspension of payments shall apply to payment applications submitted for the programmes concerned after the date of the decision to suspend. The Commission may, on grounds of exceptional economic circumstances or following a reasoned request by the Member State concerned addressed to the Commission within 10 days of adoption of the decision or recommendation referred to in the previous sub-paragraph, recommend that the Council cancel the suspension referred to in the same sub- paragraph. _________________ 40 Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25). 41 Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002). 42 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 8

8. A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within one month of the submission of the Commission proposal. The suspension of commitments shall apply to the commitments from the Funds for the Member State concerned from 1 January of the year following the decision to suspend. The Council shall adopt a decision, by means of an implementing act, on a proposal by the Commission referred to in paragraph 7 in relation to the suspension of payments.deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 9

9. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 10

10. The suspension of commitments shall be subject to a maximum of 25 % of the commitments relating to the next calendar year for the Funds or 0.25 % of nominal GDP whichever is lower, in any of the following cases: (a) in the first case of non-compliance with an excessive deficit procedure as referred to under point (a) of paragraph 7; (b) in the first case of non- compliance relating to a corrective action plan under an excessive imbalance procedure as referred to under point b of paragraph 7; (c) in case of non-compliance with the recommended corrective action pursuant to an excessive imbalance procedure as referred to under point (c) of paragraph 7; (d) in the first case of non-compliance as referred to under points (d) and (e) of paragraph 7. In case of persistent non-compliance, the suspension of commitments may exceed the maximum percentages set out in the first sub-paragraph.deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 11

11. The Council shall lift the suspension of commitments on a proposal from the Commission, in accordance with the procedure set out in paragraph 8, in the following cases: (a) where the excessive deficit procedure is held in abeyance in accordance with Article 9 of Council Regulation (EC) No 1467/9743 or the Council has decided in accordance with Article 126(12) TFEU to abrogate the decision on the existence of an excessive deficit; (b) where the Council has endorsed the corrective action plan submitted by the Member State concerned in accordance with Article 8(2) of Regulation (EU) No 1176/2011 or the excessive imbalance procedure is placed in a position of abeyance in accordance with Article 10(5) of that Regulation or the Council has closed the excessive imbalance procedure in accordance with Article 11 of that Regulation; (c) where the Commission has concluded that a Member State has taken appropriate measures as referred to in Regulation (EC) No 332/2002; (d) where the Commission has concluded that the Member State concerned has taken appropriate measures to implement the adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 or the measures requested by a decision of the Council in accordance with Article 136(1) TFEU. After the Council has lifted the suspension of commitments, the Commission shall re-budget the suspended commitments in accordance with Article [8] of Council Regulation (EU, Euratom) [ […] (MFF regulation)]. Suspended commitments may not be re- budgeted beyond the year 2027. The decommitment time limit for the re- budgeted amount in accordance with Article 99 shall start from the year in which the suspended commitment has been re-budgeted. A decision concerning the lifting of the suspension of payments shall be taken by the Council on a proposal by the Commission where the applicable conditions set out in in the first sub- paragraph are fulfilled. _________________ 43 Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 12

12. The Commission shall keep the European Parliament informed of the implementation of this Article. In particular, the Commission shall, when one of the conditions set out in paragraph 7 is fulfilled for a Member State, immediately inform the European Parliament and provide details of the Funds and programmes which could be subject to a suspension of commitments. The European Parliament may invite the Commission for a structured dialogue on the application of this Article, having regard to the transmission of the information referred to in the first sub- paragraph. The Commission shall transmit the proposal for suspension of commitments or the proposal to lift such a suspension, to the European Parliament and to the Council.deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 – paragraph 13

~~13. Paragraphs 1 to 12 shall not apply to priorities or programmes under Article [4(c)(v)(ii)] of ESF+ Regulation.~~deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 15 a (new)

Article 15a Suspension of funds 1. Where the Member State fails to take effective action in response to a request made under the terms of Article 15, the Commission may suspend all or part of the payments for the programmes or priorities concerned in accordance with Article 91. 2. The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases: (a) where the Council decides that a Member State has infringed Article 2 of the Treaty on European Union; (b) where the Council decides in accordance with Article 126(8) or Article 126(11) TFEU that a Member State has not taken effective action to correct its excessive deficit; (c) where the Council adopts two successive recommendations in the same imbalance procedure, in accordance with Article 8(3) of Regulation (EU) No 1176/2011 of the European Parliament and of the Council on the grounds that a Member State has submitted an insufficient corrective action plan; (d) where the Council adopts two successive decisions in the same imbalance procedure in accordance with Article 10(4) of Regulation (EU) No 1176/2011 establishing non- compliance by a Member State on the grounds that it has not taken the recommended corrective action; (e) where the Commission concludes that a Member State has not taken measures as referred to in Council Regulation (EC) No 332/2002 and as a consequence decides not to authorise the disbursement of the financial assistance granted to that Member State; (f) where the Council decides that a Member State does not comply with the macro-economic adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 of the European Parliament and of the Council, or with the measures requested by a Council decision adopted in accordance with Article 136(1) TFEU. Priority shall be given to the suspension of commitments; payments shall be suspended only when immediate action is sought and in the case of significant non- compliance. In the cases set out in points (b), (c), (d), (e), (f) the suspension of payments shall apply to payment applications submitted for the programmes concerned after the date of the decision to suspend. The Commission may, on grounds of exceptional economic circumstances or following a reasoned request by the Member State concerned addressed to the Commission within 10 days of adoption of the decision or recommendation referred to in the previous sub-paragraph, recommend that the Council cancel the suspension referred to in the same sub- paragraph. 3. A proposal by the Commission for the suspension of commitments shall be approved by the Council by qualified majority within one month of the submission of the Commission proposal. The suspension of commitments shall apply to the commitments from the Funds for the Member State concerned from 1 January of the year following the decision to suspend. The Council shall adopt a decision, by means of an implementing act, on a proposal by the Commission referred to in paragraph 2 in relation to the suspension of payments. 4. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account. 5. The suspension of commitments shall be subject to a maximum of 25% of the commitments relating to the next calendar year for the Funds or 0,25 % of nominal GDP whichever is lower, in any of the following cases: (a) in the first case of non-compliance with an excessive deficit procedure as referred to under point (b) of paragraph 2; (b) in the first case of non-compliance with an excessive deficit procedure as referred to under point (b) of paragraph 2; (c) in case of non-compliance with the recommended corrective action pursuant to an excessive imbalance procedure as referred to under point (d) of paragraph 2; (d) in the first case of non-compliance as referred to under points (e) and (f) of paragraph 2. In case of persistent non- compliance, the suspension of commitments may exceed the maximum percentages set out in the first sub- paragraph. 6. The Council shall lift the suspension of commitments on a proposal from the Commission, in accordance with the procedure set out in paragraph 3, in the following cases: (a) where the Commission has concluded that the Member State in question has taken appropriate measures to restore compliance with Article 2 of the Treaty on European Union; (b) where the excessive deficit procedure is held in abeyance in accordance with Article 9 of Council Regulation (EC) No 1467/97 or the Council has decided in accordance with Article 126(12) TFEU to abrogate the decision on the existence of an excessive deficit; (c) where the Council has endorsed the corrective action plan submitted by the Member State concerned in accordance with Article 8(2) of Regulation (EU) No 1176/2011 or the excessive imbalance procedure is placed in a position of abeyance in accordance with Article 10(5) of that Regulation or the Council has closed the excessive imbalance procedure in accordance with Article 11 of that Regulation; (d) where the Commission has concluded that a Member State has taken appropriate measures as referred to in Regulation (EC) No 332/2002; (e) where the Commission has concluded that the Member State concerned has taken appropriate measures to implement the adjustment programme referred to in Article 7 of Regulation (EU) No 472/2013 or the measures requested by a decision of the Council in accordance with Article 136(1) TFEU. After the Council has lifted the suspension of commitments, the Commission shall re-budget the suspended commitments in accordance with Article [8] of Council Regulation (EU, Euratom) [ […] (MFF regulation)]. Suspended commitments may not be re- budgeted beyond the year 2027. The decommitment time limit for the re- budgeted amount in accordance with Article 99 shall start from the year in which the suspended commitment has been re-budgeted. A decision concerning the lifting of the suspension of payments shall be taken by the Council on a proposal by the Commission where the applicable conditions set out in in the first sub- paragraph are fulfilled. 7. The Commission shall keep the European Parliament informed of the implementation of this Article. In particular, the Commission shall, when one of the conditions set out in paragraph 7 is fulfilled for a Member State, immediately inform the European Parliament and provide details of the Funds and programmes which could be subject to a suspension of commitments. The European Parliament may invite the Commission for a structured dialogue on the application of this Article, having regard to the transmission of the information referred to in the first sub- paragraph. The Commission shall transmit the proposal for suspension of commitments or the proposal to lift such a suspension, to the European Parliament and to the Council. 8. Paragraphs 1 to 8 shall not apply to priorities or programmes under Article [4(c)(v)(ii)] of ESF+ Regulation.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 103 – paragraph 1 – subparagraph 1

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 3~~30 624 388 63~~72 197 000 000 in 2018 prices.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 1 – introductory part

1. Resources for the Investment for jobs and growth goal shall amount to 97.5 % of the global resources ~~(i.e., a total of EUR 322 194 388 630)~~ and shall be allocated as follows:

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 1 – point a

(a) 61.6 % ~~(i.e a total of EUR 198 621 593 157)~~ for less developed regions;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 1 – point b

(b) 14.3 % ~~(i.e a total of EUR 45 934 516 595)~~ for transition regions;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 1 – point c

(c) 10.8 % ~~(i.e., a total of EUR 34 842 689 000)~~ for more developed regions;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 1 – point d

(d) 12.8 % ~~(i.e., a total of EUR 41 348 556 877)~~ for Member States supported by the Cohesion Fund;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 1 – point e

(e) 0.45 % ~~(i.e., a total of EUR 1 447 034 001)~~ as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 5

30% of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].deleted

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 6

Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 7100% of the resources transferred to the CEF.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 105 – paragraph 1 – point a

(a) of not more than 15 % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a

(a) 7085 % for the less developed regions;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b

(b) 5560 % for the transition regions;

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c

(c) 450 % for the more developed regions.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 3

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 7085 %.

2018/10/09
Committee: TRAN

Francisco ASSIS

Proposal for a regulation
Article 106 – paragraph 4 – subparagraph 1

The co-financing rate for Interreg programmes shall be no higher than 7085 %.

2018/10/09
Committee: TRAN