209 Amendments of Silvia-Adriana ȚICĂU related to 2011/0276(COD)
Amendment 19 #
Proposal for a regulation
Recital 8
Recital 8
(8) Under Article 317 of the Treaty and in the context of shared manag, the Commission, in cooperation with the Member States, shall implement, the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the responsibilities of cooperation by the Member States clarified. Those conditions should enable the Commission to obtain assurance that Member States are using the CSF Fbudget in accordance with the provisions of the regulations adopted for the implementation of Article 322 of the Treaty, on its own responsibility and within the limits of the funds ing a legal and regular manner andllocated, in accordance with the principle of sound financial management within the meaning of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (hereinafter referred to as the 'Financial Regulation')11. The Member States shall cooperate with the Commission in ensuring that funding is used in accordance with the principles of sound financial management. Member States and the bodies designated by them for that purpose should be responsible for implementing programmes at the appropriate territorial level, in accordance with the institutional, legal and financial framework of the Member State. These provisions also ensure that attention is drawn to the need to ensure complementarity and consistency of Union intervention, the proportionality of administrative arrangements and a reduction of the administrative burden of beneficiaries of the CSF Funds.
Amendment 35 #
Proposal for a regulation
Recital 8
Recital 8
(8) Under Article 317 of the Treaty, and in the context of shared management, the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the responsibilities ofthe Commission shall implement the budget in cooperation bywith the Member States clarified. Those conditions should enable the Commission to obtain assurance that Member States are using the CSF Funds in a legal and regular manner and in accordance with, in accordance with the provisions of the regulations made pursuant to Article 322 of the Treaty, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management within the meaning of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regul. Member States shall cooperate with the Commission to ensure that the appropriations applicable to the general budget of the European Communities (hereinafter referred to as the 'Financial Regulation')re used in accordance with the principles of sound financial management. Member States and the bodies designated by them for that purpose should be responsible for implementing programmes at the appropriate territorial level, in accordance with the institutional, legal and financial framework of the Member State. These provisions also ensure that attention is drawn to the need to ensure complementarity and consistency of Union intervention, the proportionality of administrative arrangements and a reduction of the administrative burden of beneficiaries of the CSF Funds.
Amendment 47 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The Commission and the Member States shall ensure the efficiency and effectiveness of the CSF Funds, in particular by ensuring achievement of the proposed objectives and through monitoring, reporting and evaluation.
Amendment 48 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts within three months of the entry into force of this Regulation upon its publication in the Official Journal of the European Union, and in accordance with Article 142, to provide for a European code of conduct that lays down objectives and criteria to support the implementation of partnership and to facilitate the sharing of information, experience, results and good practices among Member States.
Amendment 52 #
Proposal for a regulation
Article 9 – paragraph 1 – point 3
Article 9 – paragraph 1 – point 3
(3) enhancing the competitiveness of European enterprises, and especially small and medium-sized enterprises, micro-enterprises and the agricultural sector (for the EAFRD) and the fisheries and aquaculture sector (for the EMFF);
Amendment 53 #
Proposal for a regulation
Article 9 – paragraph 1 – point 4
Article 9 – paragraph 1 – point 4
(4) industrial development and supporting the shift towards a low- carbon economy in all sectors;
Amendment 54 #
Proposal for a regulation
Part 2 – Article 4 – paragraph 7
Part 2 – Article 4 – paragraph 7
7. The part of the Union budget allocated to the CSF Funds shall be implemented within the framework of shared management between the Member States and the Commission, in accordance with Article 53(b) of the Financial Regulation, with the exception of the amount of the CF transferred to the Connecting Europe Facility referred to in Article 84(4) and innovative actions at the initiative of the Commission under Article 9 of the ERDF Regulation, and technical assistance at the initiative of the Commission.
Amendment 54 #
Proposal for a regulation
Article 9 – paragraph 1 – point 5 a (new)
Article 9 – paragraph 1 – point 5 a (new)
(5a) increasing energy efficiency in the transport sector, especially in the field of urban transport;
Amendment 55 #
Proposal for a regulation
Article 9 – paragraph 1 – point 7
Article 9 – paragraph 1 – point 7
(7) promoting sustainable transport and removing bottlenecks in key network infrastructuresin all regions, promoting as a matter of priority the connection of less developed regions to trans-European transport infrastructures and removing bottlenecks in key network infrastructures, modernising urban transport and increasing its eco-efficiency;
Amendment 57 #
Proposal for a regulation
Part 2 – Article 4 – paragraph 9
Part 2 – Article 4 – paragraph 9
9. The Commission and the Member States shall ensure the efficiency and effectiveness of the CSF Funds, in particular by ensuring achievement of the proposed objectives and through monitoring, reporting and evaluation.
Amendment 59 #
Proposal for a regulation
Part 2 – Article 5 – paragraph 3
Part 2 – Article 5 – paragraph 3
3. The Commission shall be empowered to adopt, within a period of three months from the adoption of this regulation, delegated acts in accordance with Article 142 to provide for a European code of conduct that lays down objectives and criteria to support the implementation of partnership and to facilitate the sharing of information, experience, results and good practices among Member States.
Amendment 60 #
Proposal for a regulation
Part 2 – Article 7 – paragraph 1
Part 2 – Article 7 – paragraph 1
The Member States and the Commission shall ensure that equality between men and women and the reconciliation of family and working life so as to increase women’s employment are promoted and that the integration of gender perspective is promotguaranteed in the preparation and implementation of programmes.
Amendment 60 #
Proposal for a regulation
Article 9 – paragraph 1 – point 8
Article 9 – paragraph 1 – point 8
(8) promoboosting employment and supporting labour mobility;
Amendment 62 #
Proposal for a regulation
Article 9 – paragraph 1 – point 10
Article 9 – paragraph 1 – point 10
(10) investing in health, education, skills and lifelong learning;
Amendment 63 #
Proposal for a regulation
Article 9 – paragraph 1 – point 11 a (new)
Article 9 – paragraph 1 – point 11 a (new)
(11a) boosting economic, social and territorial cohesion.
Amendment 64 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 3
Part 2 – Article 9 – paragraph 1 – point 3
(3) enhancing the competitiveness of small and medium-sizedEuropean enterprises, in particular small and medium-sized enterprises and micro- enterprises, the agricultural sector (for the EAFRD) and the fisheries and aquaculture sector (for the EMFF);
Amendment 64 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) priority areas for cooperation activities for each of the CSF Funds, where appropriate, taking account of macro- regional and sea and river basin strategies and synergies;
Amendment 66 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall prepare, with the support of the Commission and in cooperation with it, prepare by 30 September 2012 a Partnership Contract for the period from 1 January 2014 to 31 December 2020.
Amendment 67 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Responsibility of the Commission The Commission shall be an equal partner for each Member State and responsible in equal measure for achievement of the Europe 2020 Strategy objectives.
Amendment 68 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 4
Part 2 – Article 9 – paragraph 1 – point 4
(4) expanding manufacturing and supporting the shift towards a low- carbon economy in all sectors;
Amendment 69 #
Proposal for a regulation
Article 14 – paragraph 1 – point a – point v
Article 14 – paragraph 1 – point a – point v
(v) the main priority areas for cooperation, taking account, where appropriate, of macro-regional and sea basin stratestrategies and sea and river basin strategies and existing synergies;
Amendment 70 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 5 a (new)
Part 2 – Article 9 – paragraph 1 – point 5 a (new)
(5a) increasing energy efficiency in all sectors, in particular the building and housing sectors;
Amendment 70 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall assess the consistency of the Partnership Contract with this Regulation, with the Common Strategic Framework, and the country- specific recommendations under Article 121(2) of the Treaty and the Council recommendations adopted under 148(4) of the Treaty, taking account of the ex ante evaluations of the programmes, and shall make observations within threewo months of the date of submission of the Partnership Contract. The Member State shall provide all necessary additional information and, where appropriate, shall revise the Partnership Contract in cooperation with the Commission.
Amendment 72 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission shall adopt a decision, by means of implementing acts, approving the Partnership Contract no later than sixfour months after its submission by the Member State, provided that anyafter the observations made by the Commission have been satisfactorily taken into account. The Member State in question and the Commission shall collaborate in order to adopt the Partnership Contract as rapidly as possible. In any case, the maximum period for approval of the Partnership Contract shall be no more than six months from the transmission thereof by the Member State. The Partnership Contract shall not enter into force before 1 January 2014.
Amendment 73 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where a Member State proposes an amendment to the Partnership Contract, the Commission shall carry out an assessment in accordance with paragraph 1 and, where appropriate, shall adopt a decision within one month, by means of implementing acts, approving the amendment.
Amendment 75 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 7
Part 2 – Article 9 – paragraph 1 – point 7
(7) promoting sustainable transport in all regions, promoting as a matter of priority the connection of less developed regions to trans-European transport infrastructures and removing bottlenecks in key network infrastructures;
Amendment 76 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 8
Part 2 – Article 9 – paragraph 1 – point 8
(8) promotincreasing employment and supporting labour mobility;
Amendment 76 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The Commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the Partnership Contract and programmes. It may decide, when adopting a programme, to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality. The failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shallmay constitute a basis for suspending payments by the Commission, following evaluation of the causes and relevant circumstances.
Amendment 77 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 10
Part 2 – Article 9 – paragraph 1 – point 10
(10) investing in health, education, skills and lifelong learning;
Amendment 77 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission, in cooperation with the Member States, shall undertake an annual review of the performance of the programmes in each Member State i. In 2017 and 2019, interim reviews and rectifications shall be carried out with reference to the performance framework set out in the respective Partnership Contract and programmes. The method for establishing the performance framework is set out in Annex I.
Amendment 78 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The interim review shall examine the achievement of the milestones of the programmes at the level of priorities, on the basis of the information and the assessments presented in the progress reports submitted by the Member States in the years 2017 and 2019.
Amendment 79 #
Proposal for a regulation
Part 2 – Article 9 – paragraph 1 – point 11 a (new)
Part 2 – Article 9 – paragraph 1 – point 11 a (new)
(11a) increasing economic, social and territorial cohesion;
Amendment 79 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework, the Commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in Fund-specific rulesshall take the necessary measures together with the Member State.
Amendment 80 #
Proposal for a regulation
Part 2 – Article 11 – paragraph 1 – point d
Part 2 – Article 11 – paragraph 1 – point d
(d) priority areas for cooperation activities for each of the CSF Funds, where appropriate, taking account of macro- regional strategies and sea basin strateand river strategies or synergies;
Amendment 80 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Where the Commission, based on the examination of the final implementation report of the programme, establishes a serious failure to achieve the targets set out in the performance framework, it may apply financial corrections in respect of the priorities concerned in accordance with Fund-specific rules. The Commission shall, following consultation of the Member States concerned and in cooperation with them, be empowered to adopt delegated acts in accordance with Article 142 to establish criteria and the methodology for determining the level of financial correction to be applied.
Amendment 81 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Member State shall submit, in cooperation with the Commission, shall draw up a proposal for amending the Partnership Contract and the relevant programmes within one month. If necessary, the Commission shall make observations within one month from the submission of the amendments, in which case the Member State shall re-submit its proposal within one month.
Amendment 82 #
Proposal for a regulation
Part 2 – Article 12 – title
Part 2 – Article 12 – title
Amendment 82 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where the Commission has not made observations or where its observations have been satisfactorily taken into account, tThe Commission shall adopt a decision approving the amendments to the Partnership Contract and the relevant programmes without undue delayin 15 days of receiving the agreed amendments.
Amendment 83 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. By derogation to paragraph 1, where financial assistance is made available to a Member State in accordance with paragraph 1(d) and is linked to an adjustment programme, the Commission may without any proposal from, in cooperation with the Member State concerned, amend the Partnership Contract and the programmes with a view to maximising the growth and competitiveness impact of the available CSF Funds. To ensure effective implementation of the Partnership Contract and the relevant programmes, the Commission shall become involved in their management as detailed in the adjustment programme or the Memorandum of Understanding signed with the Member State concerned.
Amendment 84 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 85 #
Proposal for a regulation
Part 2 – Article 12 – paragraph 2
Part 2 – Article 12 – paragraph 2
Amendment 85 #
Proposal for a regulation
Article 21 – paragraph 6 – point c
Article 21 – paragraph 6 – point c
Amendment 86 #
Proposal for a regulation
Part 2 – Article 13 – paragraph 1
Part 2 – Article 13 – paragraph 1
Amendment 86 #
Proposal for a regulation
Article 21 – paragraph 6 – point d
Article 21 – paragraph 6 – point d
Amendment 87 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. When deciding to suspend part or all of the payments or commitments in accordance with paragraphs 5 and 6 respectively 6, the Commission shall ensure that the suspension is proportionate and effective, taking into account the economic and social circumstances of the Member State concerned, and respects equality of treatment between Member States, in particular with regard to the impact of the suspension on the economy of the Member State concerned.
Amendment 88 #
Proposal for a regulation
Part 2 – Article 13 a (new)
Part 2 – Article 13 a (new)
Article 13 a The Commission shall be an equal partner for each Member State and responsible in equal measure for achievement of the Europe 2020 Strategy objectives.
Amendment 88 #
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 1 – introductory part
Article 21 – paragraph 8 – subparagraph 1 – introductory part
The Commission shall without delay lift the suspension of payments and commitments where the Member State has proposed amendments to the Partnership Contract and the relevant programmes as requested by the Commission, which the Commission has approved and, where applicable, and:
Amendment 89 #
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 2
Article 21 – paragraph 8 – subparagraph 2
At the same time, the Council shall decide, on a proposal from the Commission, to re- budget immediately the suspended commitments in accordance with Article 8 of Council Regulation (EU) No […] laying down the multiannual financial framework for the years 2014 to 2020.
Amendment 91 #
Proposal for a regulation
Part 2 – Article 14 – paragraph 1 – point a – point v
Part 2 – Article 14 – paragraph 1 – point a – point v
(v) the main priority areas for cooperation, taking account, where appropriate, of macro-regional strategies and sea basin strateand river strategies and existing synergies;
Amendment 93 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission shall make observations within threewo months of the date of submission of the programme. The Member State shall provide to the Commission all necessary additional information and, where appropriate, in cooperation with the Commission, revise the proposed programme.
Amendment 94 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In accordance with the Fund-specific rules, the Commission shall approve each programme no later than sixfour months following its formal submission by the Member State(s), provided that any observations made by the Commission have been satisfactorily taken into account, but not before 1 January 2014 or before adoption by the Commission of a decision approving the Partnership Contract. The Member State in question and the Commission shall collaborate in order to adopt the programme as rapidly as possible. In all cases, the maximum period for approval of the programme shall be no more than six months from the transmission thereof by the Member State.
Amendment 95 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall assess the information provided in accordance with paragraph 1, taking account of the justification provided by the Member State. The Commission may make observations and the Member State shall provide to the Commission all necessary additional information. In accordance with Fund- specific rules, the Commission shall approve requests for amendment of a programme no later than fivone months after their formal submission by the Member State provided that any observations made by the Commission have been satisfactorily taken into account. The Commission shall, where necessary, amend at the same time the decision approving the Partnership Contract in accordance with Article 15(3).
Amendment 96 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The selection and approval of all local development strategies shall be completed by 31 December 20154 at the latest.
Amendment 97 #
Proposal for a regulation
Part 2 – Article 15 – paragraph 2
Part 2 – Article 15 – paragraph 2
2. The Commission shall adopt a decision, by means of implementing acts, approving the Partnership Contract no later than sixfour months after its submission by the Member State, provided that anyafter which observations made by the Commission have been satisfactorily taken into account. The Member State in question and the Commission shall collaborate in order to adopt the Partnership Contract as rapidly as possible. In any case, the maximum period for approval of the Partnership Contract shall be no more than six months from the transmission thereof to the Member State. The Partnership Contract shall not enter into force before 1 January 2014.
Amendment 97 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 concerning the definition of the area and population covered by the strategy referred in paragraph 1(a).
Amendment 98 #
Proposal for a regulation
Part 2 – Article 15 – paragraph 3
Part 2 – Article 15 – paragraph 3
3. Where a Member State proposes an amendment to the Partnership Contract, the Commission shall carry out an assessment in accordance with paragraph 1 and, where appropriate, shall adopt a decision within one month, by means of implementing acts, approving the amendment.
Amendment 98 #
Proposal for a regulation
Article 30 – paragraph 3 – point b
Article 30 – paragraph 3 – point b
(b) drawing up a non-discriminatory and transparent selection procedure and criteria for the selection of operations, which avoid conflicts of interest, that shall ensure that at least 5049% of the votes in selection decisions are from the non public sector partners, providing for the possibility of appeal against selection decisions and allowing selection by written procedure;
Amendment 99 #
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
(d) running costs and animation of the local development strategy up to the limit of 215% of the total public expenditure incurred within the local development strategy.
Amendment 100 #
Proposal for a regulation
Part 2 – Article 17 – paragraph 5
Part 2 – Article 17 – paragraph 5
5. The Commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the Partnership Contract and programmes. It may decide, when adopting a programme, to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality. The failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shallmay constitute a basis for suspending payments by the Commission following evaluation of the causes and relevant circumstances.
Amendment 100 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 laying down detailed rules concerning the ex ante assessment of financial instruments, the combination of support provided to final recipients through grants, interest rate subsidies, guarantee fee subsidies and financial instruments, additional specific rules on eligibility of expenditure and rules specifying the types of activities which shall not be supported through financial instruments.
Amendment 101 #
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
The Commission shall adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 laying down the specific rules regarding certain types of financial instruments referred to in point (b), as well as the products that may be delivered through such instruments.
Amendment 102 #
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 laying down rules concerning funding agreements, the role and responsibility of the entities to which the implementation tasks are entrusted, as well as management costs and fees.
Amendment 103 #
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 laying down detailed rules concerning specific requirements regarding the transfer and management of assets managed by the entities to which implementation tasks are entrusted, as well as conversion of assets between euro and national currencies.
Amendment 104 #
Proposal for a regulation
Part 2 – Article 19 – paragraph 1
Part 2 – Article 19 – paragraph 1
1. The Commission, in cooperation with the Member States, shall undertake an annual review of the performance of the programmes in each Member State i. In 2017 and 2019, interim reviews and rectifications shall be carried out with reference to the performance framework set out in the respective Partnership Contract and programmes. The method for establishing the performance framework is set out in Annex I.
Amendment 104 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 142, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, concerning the arrangements for management and control of financial instruments implemented under Articles 33(1)(a) and 33(4)(b)(i), (ii) and (iii).
Amendment 105 #
Proposal for a regulation
Part 2 – Article 19 – paragraph 2
Part 2 – Article 19 – paragraph 2
2. The interim review shall examine the achievement of the milestones of the programmes at the level of priorities, on the basis of the information and the assessments presented in the progress reports submitted by the Member States in the years 2017 and 2019.
Amendment 105 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The Commission shall be empowered to adopt, by means of delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142, the specific rules concerning payments and withdrawal of payments to financial instruments and possible consequences in respect of requests of payments.
Amendment 106 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall participate in the work of the monitoring committee in an advisory capacity.
Amendment 107 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
The Member State shall submit a mid-term report on the implementation of the programmes by 31 December 2018 and a final report on implementation of the programme by 30 September 2023 for the ERDF, ESF and Cohesion Fund and an annual implementation report for the EAFRD and EMFF.
Amendment 108 #
Proposal for a regulation
Part 2 – Article 20 – paragraph 3
Part 2 – Article 20 – paragraph 3
3. Where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework, the Commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in Fund-specific rul, together with the Member State, shall take the necessary measures.
Amendment 108 #
Proposal for a regulation
Article 44 – paragraph 8
Article 44 – paragraph 8
8. A citizen's summary of the contents of the annual and the final implementation reports shall be made publicThe Commission shall submit to the European Parliament and the Council annual and interim reports on the way in which the Funds are being used and in which the objectives of the EU strategy for smart, sustainable and inclusive growth are being achieved.
Amendment 109 #
Proposal for a regulation
Part 2 – Article 20 – paragraph 4
Part 2 – Article 20 – paragraph 4
4. Where the Commission, based on the examination of the final implementation report of the programme, establishes a serious failure to achieve the targets set out in the performance framework, it may apply financial corrections in respect of the priorities concerned in accordance with Fund-specific rules. The Commission shall, following consultation of the Member States concerned and in cooperation with them, be empowered to adopt delegated acts in accordance with Article 142 to establish criteria and the methodology for determining the level of financial correction to be applied.
Amendment 109 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States, in cooperation with, and under the guidance of, the Commission, shall carry out ex ante evaluations to improve the quality of the design of each programme.
Amendment 111 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 2
Part 2 – Article 21 – paragraph 2
2. The Member State shall submit, in collaboration with the Commission, shall draw up a proposal for amending the Partnership Contract and the relevant programmes within one month. If necessary, the Commission shall make observations within one month from the submission of the amendments, in which case the Member State shall re-submit its proposal within one month.
Amendment 112 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 3
Part 2 – Article 21 – paragraph 3
3. Where the Commission has not made observations or where its observations have been satisfactorily taken into account, tThe Commission shall adopt a decision approving the amendments to the Partnership Contract and the relevant programmes without undue delayin a period of 15 days from the first agreed amendment.
Amendment 112 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The ex post evaluations shall be carried out by the Commission orand by the Member States, in close cooperation. Ex post evaluations shall examine the effectiveness and efficiency of the CSF Funds and their contribution to the Union strategy for smart, sustainable and inclusive growth in accordance with specific requirements established in the Fund-specific rules. Ex post evaluations shall be completed by 31 December 2023.
Amendment 113 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 4
Part 2 – Article 21 – paragraph 4
4. By derogation to paragraph 1, where financial assistance is made available to a Member State in accordance with paragraph 1(d) and is linked to an adjustment programme, the Commission may without any proposal from, in collaboration with the Member State concerned, amend the Partnership Contract and the programmes with a view to maximising the growth and competitiveness impact of the available CSF Funds. To ensure effective implementation of the Partnership Contract and the relevant programmes, the Commission shall become involved in their management as detailed in the adjustment programme or the Memorandum of Understanding signed with the Member State concerned.
Amendment 113 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
At the initiative of, or on behalf of the Commission, or at the request of a Member State and following approval by the Commission, the CSF Funds may support the preparatory, monitoring, administrative and technical assistance, evaluation, audit and control measures necessary for implementing this Regulation.
Amendment 114 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 5
Part 2 – Article 21 – paragraph 5
Amendment 115 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 6 – point c
Part 2 – Article 21 – paragraph 6 – point c
Amendment 116 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 6 – point d
Part 2 – Article 21 – paragraph 6 – point d
Amendment 117 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 7
Part 2 – Article 21 – paragraph 7
7. When deciding to suspend part or all of the payments or commitments in accordance with paragraphs 5 and 6 respectively 6, the Commission shall ensure that the suspension is proportionate and effective, taking into account the economic and social circumstances of the Member State concerned, and respects equality of treatment between Member States, in particular with regard to the impact of the suspension on the economy of the Member State concerned.
Amendment 119 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 8 – subparagraph 1 – introductory part
Part 2 – Article 21 – paragraph 8 – subparagraph 1 – introductory part
The Commission shall without delay lift the suspension of payments and commitments where the Member State has proposed amendments to the Partnership Contract and the relevant programmes as requested by the Commission, which the Commission has approved and, where applicable:
Amendment 120 #
Proposal for a regulation
Part 2 – Article 21 – paragraph 8 – subparagraph 2
Part 2 – Article 21 – paragraph 8 – subparagraph 2
At the same time, the Council shall decide, on a proposal from the Commission, to re- budget immediately the suspended commitments in accordance with Article 8 of Council Regulation (EU) No […] laying down the multiannual financial framework for the years 2014 to 2020.
Amendment 120 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 concerning the definition of the flat rate and the related methods referred to in point (c) above.
Amendment 122 #
Proposal for a regulation
Article 65 – paragraph 4 a (new)
Article 65 – paragraph 4 a (new)
4 a. The Commission and each of the Member States shall be jointly responsible for the achievement of the objectives set and the sound management of the funds.
Amendment 123 #
Proposal for a regulation
Article 74 – paragraph 1 – introductory part
Article 74 – paragraph 1 – introductory part
1. The payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of ninthree months if:
Amendment 124 #
Proposal for a regulation
Article 81 – paragraph 2 – point b a (new)
Article 81 – paragraph 2 – point b a (new)
(ba) increased energy efficiency in the transport sector and of buildings;
Amendment 125 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. The Structural Funds shall support the Investment for growth and jobs goal in all regions corresponding to levels 2 and 3 of the common classification of territorial units for statistics (hereinafter referred to as 'NUTS levels 2') and 3') established by Regulation (EC) No 1059/2003.
Amendment 126 #
Proposal for a regulation
Article 82 – paragraph 2 – subparagraph 1 – introductory part
Article 82 – paragraph 2 – subparagraph 1 – introductory part
Resources for the Investment for growth and jobs goal shall be allocated among the following three categories of NUTS levels 2 and 3 regions:
Amendment 127 #
Proposal for a regulation
Article 84 – title
Article 84 – title
Resources for Investment for growth and jobs and, for European territorial cooperation and for increased energy efficiency
Amendment 128 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 2
Article 84 – paragraph 1 – subparagraph 2
All regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the reference period but whose GDP per capita is above 75% and below 90% of the GDP average of the EU-27 shall receive an allocation under the Structural Funds equal to at least two thirds of their 2007-2013 allocation.
Amendment 129 #
Proposal for a regulation
Part 2 – Article 25 – paragraph 2
Part 2 – Article 25 – paragraph 2
2. The Commission shall make observations within threewo months of the date of submission of the programme. The Member State shall provide to the Commission all necessary additional information and, where appropriate, in cooperation with the Commission, revise the proposed programme.
Amendment 130 #
Proposal for a regulation
Part 2 – Article 25 – paragraph 3
Part 2 – Article 25 – paragraph 3
3. In accordance with the Fund-specific rules, the Commission shall approve each programme no later than sixfour months following its formal submission by the Member State(s), provided that any observations made by the Commission have been satisfactorily taken into account, but not before 1 January 2014 or before adoption by the Commission of a decision approving the Partnership Contract. The Member State concerned and the Commission shall cooperate to ensure that each programme is adopted as swiftly as possible. In any case, the maximum period for each programme's approval shall be no more than six months from the programme's submission by the Member State.
Amendment 130 #
Proposal for a regulation
Article 84 – paragraph 2 – point a
Article 84 – paragraph 2 – point a
(a) eligible population, regional prosperity, national prosperity, employment rate of the active population and unemployment rate by age group for less developed regions and transition regions;
Amendment 131 #
Proposal for a regulation
Part 2 – Article 26 – paragraph 2
Part 2 – Article 26 – paragraph 2
2. The Commission shall assess the information provided in accordance with paragraph 1, taking account of the justification provided by the Member State. The Commission may make observations and the Member State shall provide to the Commission all necessary additional information. In accordance with Fund- specific rules, the Commission shall approve requests for amendment of a programme no later than fivone months after their formal submission by the Member State provided that any observations made by the Commission have been satisfactorily taken into account. The Commission shall, where necessary, amend at the same time the decision approving the Partnership Contract in accordance with Article 15(3).
Amendment 131 #
Proposal for a regulation
Article 84 – paragraph 2 – point c
Article 84 – paragraph 2 – point c
(c) population, national prosperity, employment rate of the active population and surface area for the Cohesion Fund.
Amendment 133 #
Proposal for a regulation
Part 2 – Article 29 – paragraph 4
Part 2 – Article 29 – paragraph 4
4. The selection and approval of all local development strategies shall be completed by 31 December 20154 at the latest.
Amendment 133 #
Proposal for a regulation
Article 84 – paragraph 4 – subparagraph 1
Article 84 – paragraph 4 – subparagraph 1
The support from the Cohesion Fund for transport infrastructure and for increased energy efficiency in the transport sector under the Connecting Europe Facility shall be EUR 10 000 000 000. This amount shall be apportioned below the convergence criterion on the basis of national allocations.
Amendment 134 #
Proposal for a regulation
Part 2 – Article 29 – paragraph 6
Part 2 – Article 29 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts within a maximum of three months following the adoption of this Regulation, in accordance with Article 142, concerning the definition of the area and population covered by the strategy referred in paragraph 1(a).
Amendment 135 #
Proposal for a regulation
Part 2 – Article 30 – paragraph 3 – point b
Part 2 – Article 30 – paragraph 3 – point b
(b) drawing up a non-discriminatory and transparent selection procedure and criteria for the selection of operations, which avoid conflicts of interest, that shall ensure that at least 5049% of the votes in selection decisions are from the non public sector partners, providing for the possibility of appeal against selection decisions and allowing selection by written procedure;
Amendment 135 #
Proposal for a regulation
Article 84 – paragraph 4 – subparagraph 2
Article 84 – paragraph 4 – subparagraph 2
The Commission shall adopt a decision by implementing act setting out the amount to be transferred from each Member State's Cohesion Fund allocation for the whole period. The Cohesion Fund allocation of each Member State shall be reduced accordingly, to enable the amount to be allocated explicitly to the Member State concerned, under the Connecting Europe Facility.
Amendment 136 #
Proposal for a regulation
Part 2 – Article 31 – paragraph 1 – point d
Part 2 – Article 31 – paragraph 1 – point d
(d) running costs and animation of the local development strategy up to the limit of 215% of the total public expenditure incurred within the local development strategy.
Amendment 137 #
Proposal for a regulation
Part 2 – Article 32 – paragraph 1 – subparagraph 3
Part 2 – Article 32 – paragraph 1 – subparagraph 3
The Commission shall be empowered to adopt delegated acts, within a maximum of three months following the adoption of this Regulation, in accordance with Article 142 laying down detailed rules concerning the ex ante assessment of financial instruments, the combination of support provided to final recipients through grants, interest rate subsidies, guarantee fee subsidies and financial instruments, additional specific rules on eligibility of expenditure and rules specifying the types of activities which shall not be supported through financial instruments.
Amendment 138 #
Proposal for a regulation
Part 2 – Article 33 – paragraph 3 – subparagraph 2
Part 2 – Article 33 – paragraph 3 – subparagraph 2
The Commission shall, within a maximum of three months following the adoption of this Regulation, adopt delegated acts in accordance with Article 142 laying down the specific rules regarding certain types of financial instruments referred to in point (b), as well as the products that may be delivered through such instruments.
Amendment 139 #
Proposal for a regulation
Part 2 – Article 33 – paragraph 4 – subparagraph 2
Part 2 – Article 33 – paragraph 4 – subparagraph 2
The Commission shall be empowered to adopt delegated acts, within a maximum of three months following the adoption of this Regulation, in accordance with Article 142 laying down rules concerning funding agreements, the role and responsibility of the entities to which the implementation tasks are entrusted, as well as management costs and fees.
Amendment 139 #
Proposal for a regulation
Article 84 – paragraph 4 – subparagraph 4
Article 84 – paragraph 4 – subparagraph 4
Support from the Cohesion Fund under the Connecting Europe Facility shall be implemented in accordance with Article [13] of Regulation (EU) […]/2012 on establishing the Connecting Europe Facility in respect of projects listed in Annex 1 to that Regulation, giving greatest possible priority to projects respecting the national allocations under the Cohesion Fund.
Amendment 140 #
Proposal for a regulation
Part 2 – Article 33 – paragraph 7
Part 2 – Article 33 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts, within a maximum of three months following the adoption of this Regulation, in accordance with Article 142 laying down detailed rules concerning specific requirements regarding the transfer and management of assets managed by the entities to which implementation tasks are entrusted, as well as conversion of assets between euro and national currencies.
Amendment 141 #
Proposal for a regulation
Part 2 – Article 34 – paragraph 3
Part 2 – Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, within a maximum of three months following the adoption of this Regulation, in accordance with Article 142 concerning the arrangements for management and control of financial instruments implemented under Articles 33(1)(a) and 33(4)(b)(i), (ii) and (iii).
Amendment 142 #
Proposal for a regulation
Part 2 – Article 35 – paragraph 5
Part 2 – Article 35 – paragraph 5
5. The Commission shall be empowered to adopt, within a maximum of three months following the adoption of this Regulation and by means of delegated acts in accordance with Article 142, the specific rules concerning payments and withdrawal of payments to financial instruments and possible consequences in respect of requests of payments.
Amendment 143 #
Proposal for a regulation
Article 87 – paragraph 2 – point b – point iv
Article 87 – paragraph 2 – point b – point iv
(iv) the corresponding categories of intervention based on a nomenclature adopted by the Commission by 30 December 2012 by means of implementing acts in accordance with the examination procedure referred to in Article 143(3) and an indicative breakdown of the programmed resources;
Amendment 144 #
Proposal for a regulation
Article 87 – paragraph 2 – point c – point iii
Article 87 – paragraph 2 – point c – point iii
(iii) the list of conurbations, towns and cities where integrated actions for sustainable urban development will be implemented, the indicative annual allocation of the ERDF support for these actions, including the resources delegated to cities for management under Article 7(2) of Regulation (EU) No […] [ERDF] and the indicative annual allocation of ESF support for integrated actions;
Amendment 145 #
Proposal for a regulation
Article 87 – paragraph 2 – point c – point vi
Article 87 – paragraph 2 – point c – point vi
(vi) where appropriate, the contribution of the planned interventions towards macro regional strategies and sea and river basin strategies and synergies;
Amendment 146 #
Proposal for a regulation
Article 87 – paragraph 4 – subparagraph 2
Article 87 – paragraph 4 – subparagraph 2
The Commission shall adopt that model, within three months of the entry into force of this Regulation, by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 147 #
Proposal for a regulation
Article 87 – paragraph 5
Article 87 – paragraph 5
5. The Commission shall, within two months of the submission of the operational programme, adopt a decision approving the operational programme by means of implementing acts.
Amendment 148 #
Proposal for a regulation
Part 2 – Article 42 – paragraph 2
Part 2 – Article 42 – paragraph 2
2. The Commission shall participate in the work of the monitoring committee in an advisory capacity.
Amendment 148 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The ERDF and the ESF may finance, in a complementary manner and subject to a limit of 510 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 149 #
Proposal for a regulation
Part 2 – Article 44 – paragraph 1 – subparagraph 2
Part 2 – Article 44 – paragraph 1 – subparagraph 2
The Member State shall submit a mid-term report on the implementation of the programmes by 31 December 2018 and a final report on implementation of the programme by 30 September 2023 for the ERDF, ESF and Cohesion Fund and an annual implementation report for the EAFRD and EMFF.
Amendment 149 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
Unless otherwise agreed between the Commission and the Member State, operational programmes for the ERDF and the ESF shall be drawn up at the appropriate geographical level and at least at NUTS level 23, in accordance with the institutional system specific to the Member State.
Amendment 150 #
Proposal for a regulation
Part 2 – Article 44 – paragraph 8
Part 2 – Article 44 – paragraph 8
8. A citizen's summary of the contents of the annual and the final implementation reports shall be made publicThe Commission shall submit to the European Parliament and the Council annual and interim reports on the way in which the funds are being used and the achievement of the Union's strategic objectives for smart, sustainable and inclusive growth.
Amendment 150 #
Proposal for a regulation
Article 91 – paragraph 1 – subparagraph 2
Article 91 – paragraph 1 – subparagraph 2
The Commission shall providedraw up, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, indicative guidance on the methodology to be used in carrying out the cost-benefit analysis referred to in point (e) above in accordance with the advisory procedure referred to in Article 143(2).
Amendment 151 #
Proposal for a regulation
Article 91 – paragraph 1 – subparagraph 3
Article 91 – paragraph 1 – subparagraph 3
The format for the information on major projects to be submitted shall be set up in accordance with the model adopted by the Commission, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 152 #
Proposal for a regulation
Part 2 – Article 48 – paragraph 1
Part 2 – Article 48 – paragraph 1
1. Member States, in cooperation with and under the guidance of the Commission, shall carry out ex ante evaluations to improve the quality of the design of each programme.
Amendment 152 #
Proposal for a regulation
Article 92 – paragraph 2
Article 92 – paragraph 2
2. The Commission shall adopt a decision, by means of implementing act, no later than threewo months after the date of submission of the information approving a major project in accordance with Article 91. That decision shall define the physical object, the amount to which the co- financing rate for the priority axis applies, physical and financial indicators for monitoring progress, and the expected contribution of the major project to the objectives of the relevant priority axis or axes. An approval decision shall be conditional on the first works contract being concluded within two years of the date of the decision.
Amendment 153 #
Proposal for a regulation
Article 92 – paragraph 3
Article 92 – paragraph 3
Amendment 154 #
Proposal for a regulation
Article 95 – paragraph 2
Article 95 – paragraph 2
The format for the joint action plan shall be set up in accordance with the model adopted by the Commission, within two months of the entry into force of this Regulation, by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 155 #
Proposal for a regulation
Part 2 – Article 50 – paragraph 1
Part 2 – Article 50 – paragraph 1
The ex post evaluations shall be carried out by the Commission or byand the Member States, in close cooperation. Ex post evaluations shall examine the effectiveness and efficiency of the CSF Funds and their contribution to the Union strategy for smart, sustainable and inclusive growth in accordance with specific requirements established in the Fund-specific rules. Ex post evaluations shall be completed by 31 December 2023.
Amendment 155 #
Proposal for a regulation
Article 96 – paragraph 2
Article 96 – paragraph 2
2. Provided that any observations have been satisfactorily taken into account, the Commission shall adopt a decision approving the joint action plan no later than 63 months after its submission by the Member State but not before the adoption of the operational programmes concerned.
Amendment 156 #
Proposal for a regulation
Part 2 – Article 51 – paragraph 1 – subparagraph 1
Part 2 – Article 51 – paragraph 1 – subparagraph 1
At the initiative of, or on behalf of the Commission, or at the request of a Member State following approval by the Commission, the CSF Funds may support the preparatory, monitoring, administrative and technical assistance, evaluation, audit and control measures necessary for implementing this Regulation.
Amendment 156 #
Proposal for a regulation
Article 97 – paragraph 3
Article 97 – paragraph 3
3. Requests for amendment of joint action plans submitted by a Member State shall be duly substantiated. The Commission shall assess whether the request for amendment is justified, taking account of the information provided by the Member State. The Commission may make observations and the Member State shall provide to the Commission all necessary additional information. The Commission shall adopt a decision on a request for amendment no later than threone months after its formal submission by the Member State, provided that any observations made by the Commission have been satisfactorily taken into account. The amendment shall enter into force from the date of the decision, unless otherwise set out in the decision.
Amendment 157 #
Proposal for a regulation
Part 2 – Article 58 – paragraph 2
Part 2 – Article 58 – paragraph 2
The Commission shall be empowered to adopt delegated acts, within a maximum of three months following the adoption of this Regulation, in accordance with Article 142 concerning the definition of the flat rate and the related methods referred to in point (c) above.
Amendment 157 #
Proposal for a regulation
Article 109 – paragraph 3
Article 109 – paragraph 3
3. The allocation for technical assistance from a Fund shall not exceed 105% of the total allocation of that Fund to operational programmes in a Member State under each category of region of the Investment for growth and jobs goal.
Amendment 158 #
Proposal for a regulation
Article 110 – paragraph 3 – subparagraph 1 – point e
Article 110 – paragraph 3 – subparagraph 1 – point e
(e) 60 50% for the transition regions other than those referred to in point (d);
Amendment 159 #
Proposal for a regulation
Article 110 – paragraph 3 – subparagraph 1 – point f
Article 110 – paragraph 3 – subparagraph 1 – point f
(f) 530 % for the transition regions other than those referred to in point (d);
Amendment 160 #
Proposal for a regulation
Part 2 – Article 65 – paragraph 4 a (new)
Part 2 – Article 65 – paragraph 4 a (new)
4a. The Commission and each of the Member States shall be jointly responsible for the achievement of the objectives set and the sound management of the funds.
Amendment 160 #
Proposal for a regulation
Article 112 – paragraph 2 – subparagraph 3
Article 112 – paragraph 2 – subparagraph 3
Amendment 161 #
Proposal for a regulation
Article 112 – paragraph 3 – subparagraph 3
Article 112 – paragraph 3 – subparagraph 3
The Commission shall adopt, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, by means of implementing acts, detailed rules concerning the exchanges of information under this paragraph. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 162 #
Proposal for a regulation
Article 113 – paragraph 5
Article 113 – paragraph 5
5. For the Investment for growth and jobs goal, provided that the principle of separation of functions is respected, the managing authority, the certifying authority, where applicable, and the audit authority may be part of the same public authority or body. However, for those operational programmes for which the total amount of support from the Funds exceeds EUR 2505 000 000, the audit authority may not be part of the same public authority or body as the managing authority.
Amendment 163 #
Proposal for a regulation
Part 2 – Article 74 – paragraph 1 – introductory part
Part 2 – Article 74 – paragraph 1 – introductory part
1. The payment deadline for an interim payment claim may be interrupted by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of ninthree months if:
Amendment 163 #
Proposal for a regulation
Article 114 – paragraph 8
Article 114 – paragraph 8
8. The Commission shall adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142, laying down the modalities of the exchange of information in paragraph 2(d).
Amendment 164 #
Proposal for a regulation
Article 114 – paragraph 9
Article 114 – paragraph 9
9. The Commission shall adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142, laying down rules concerning arrangements for the audit trail referred to in paragraph 4(d).
Amendment 165 #
Proposal for a regulation
Article 114 – paragraph 10
Article 114 – paragraph 10
10. The Commission shall adopt, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, by means of implementing acts, the model for the management declaration referred to in paragraph 4(e). These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 166 #
Proposal for a regulation
Part 3 – Article 81 – paragraph 2 – point b a (new)
Part 3 – Article 81 – paragraph 2 – point b a (new)
(ba) increased energy efficiency in the building and transport sectors; particular attention shall be paid to increased energy efficiency in housing.
Amendment 166 #
Proposal for a regulation
Article 116 – paragraph 1 – subparagraph 2
Article 116 – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 to set out the conditions which those audits shall fulfil.
Amendment 167 #
Proposal for a regulation
Part 3 – Article 82 – paragraph 1
Part 3 – Article 82 – paragraph 1
1. The Structural Funds shall support the Investment for growth and jobs goal in all regions corresponding to levels 2 and 3 of the common classification of territorial units for statistics (hereinafter referred to as 'NUTS level 2 and 3') established by Regulation (EC) No 1059/2003.
Amendment 167 #
Proposal for a regulation
Article 116 – paragraph 6
Article 116 – paragraph 6
6. The Commission shall adopt, by means of implementing acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, models for the audit strategy, the audit opinion and the annual control report, as well as the methodology for the sampling method referred to in paragraph 4. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 168 #
Proposal for a regulation
Article 116 – paragraph 7
Article 116 – paragraph 7
7. Implementing rules concerning the use of data collected during audits carried out by Commission officials or authorised Commission representatives shall be adopted by the Commission within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with the examination procedure referred to in Article 143(3).
Amendment 169 #
Proposal for a regulation
Part 3 – Article 82 – paragraph 2 – subparagraph 1 – introductory part
Part 3 – Article 82 – paragraph 2 – subparagraph 1 – introductory part
Resources for the Investment for growth and jobs goal shall be allocated among the following three categories of NUTS levels 2 and 3 regions:
Amendment 169 #
Proposal for a regulation
Article 121 – paragraph 3
Article 121 – paragraph 3
3. The Commission shall adopt, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, by means of implementing acts, the model for payment applications. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 170 #
Proposal for a regulation
Article 126 – paragraph 4
Article 126 – paragraph 4
Amendment 171 #
Proposal for a regulation
Article 132 – paragraph 4
Article 132 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, within a maximum of three months from the date of entry into force of this Regulation upon its publication in the Official Journal of the European Union, in accordance with Article 142 to set out which data carriers can be considered as commonly accepted.
Amendment 172 #
Proposal for a regulation
Article 134 – paragraph 1 – point f
Article 134 – paragraph 1 – point f
Amendment 173 #
Proposal for a regulation
Article 134 – paragraph 2
Article 134 – paragraph 2
2. The Commission may decide, by means of implementing acts, to suspend all or part of interim payments, for a maximum of three months, after having given the Member State the opportunity to present its observations.
Amendment 174 #
Proposal for a regulation
Article 134 – paragraph 3
Article 134 – paragraph 3
3. The Commission and the Member State, shall take what measures they can to remedy the causes of the suspension of payments. The Commission shall end suspension of all or part of interim payments where the Member State, with the coordination and support of the Commission, has taken the necessary measures to enable the suspension to be lifted.
Amendment 175 #
Proposal for a regulation
Part 3 – Article 84 – title
Part 3 – Article 84 – title
Resources for Investment for growth and jobs and, for European territorial cooperation and for increased energy efficiency
Amendment 175 #
Proposal for a regulation
Article 136 – paragraph 1 – subparagraph 1 – introductory part
Article 136 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall make financial corrections, after consulting the Member State concerned and in cooperation with it, by means of implementing acts by cancelling all or part of the Union contribution to an operational programme in accordance with Article 77 where, after carrying out the necessary examination, it concludes that:
Amendment 176 #
Proposal for a regulation
Article 136 – paragraph 5
Article 136 – paragraph 5
Amendment 177 #
Proposal for a regulation
Article 141 – paragraph 1
Article 141 – paragraph 1
Amendment 178 #
Proposal for a regulation
Article 142 – paragraph 2
Article 142 – paragraph 2
2. The delegations of power referred to in this Regulation shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation period of five years from the date of entry into force of this Regulation. The Commission shall submit a report in respect of the delegation of power at the latest nine months before the end of the five-year period. The delegation of power shall be extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 179 #
Proposal for a regulation
Article 144 a (new)
Article 144 a (new)
Article 144a Transparency The Commission shall publish on its website all the Partnership Contracts, programmes, local development strategies, operational programmes, major projects and joint action plans adopted by the Commission, for each Member State;
Amendment 182 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 1 – subparagraph 2
Part 3 – Article 84 – paragraph 1 – subparagraph 2
All regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the reference period but whose GDP per capita is above 75% and below 90% of the GDP average of the EU-27 shall receive an allocation under the Structural Funds equal to at least two thirds of their 2007-2013 allocation.
Amendment 184 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 2 – point a
Part 3 – Article 84 – paragraph 2 – point a
(a) eligible population, regional prosperity, national prosperity, employment rate among the active population and unemployment rate for less developed regions and transition regions;
Amendment 186 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 2 – point c
Part 3 – Article 84 – paragraph 2 – point c
(c) population, national prosperity, employment rate among the active population and surface area for the Cohesion Fund.
Amendment 190 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 4 – subparagraph 1
Part 3 – Article 84 – paragraph 4 – subparagraph 1
Amendment 192 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 4 – subparagraph 2
Part 3 – Article 84 – paragraph 4 – subparagraph 2
Amendment 193 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 4 – subparagraph 2
Part 3 – Article 84 – paragraph 4 – subparagraph 2
Amendment 194 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 4 – subparagraph 3
Part 3 – Article 84 – paragraph 4 – subparagraph 3
Amendment 195 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 4 – subparagraph 4
Part 3 – Article 84 – paragraph 4 – subparagraph 4
Amendment 196 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 5 – subparagraph 1
Part 3 – Article 84 – paragraph 5 – subparagraph 1
Amendment 197 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 5 – subparagraph 2
Part 3 – Article 84 – paragraph 5 – subparagraph 2
Amendment 198 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 5 – subparagraph 3
Part 3 – Article 84 – paragraph 5 – subparagraph 3
Amendment 200 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 6
Part 3 – Article 84 – paragraph 6
Amendment 208 #
Proposal for a regulation
Part 3 – Article 87 – paragraph 2 – point b – point iv
Part 3 – Article 87 – paragraph 2 – point b – point iv
(iv) the corresponding categories of intervention based on a nomenclature adopted by the Commission by 30 December 2012 by means of implementing acts in accordance with the examination procedure referred to in Article 143(3), and an indicative breakdown of the programmed resources;
Amendment 210 #
Proposal for a regulation
Part 3 – Article 87 – paragraph 2 – point c – point iii
Part 3 – Article 87 – paragraph 2 – point c – point iii
(iii) the list of conurbations, towns and cities where integrated actions for sustainable urban development will be implemented, the indicative annual allocation of the ERDF support for these actions, including the resources delegated to cities for management under Article 7(2) of Regulation (EU) No […] [ERDF] and the indicative annual allocation of ESF support for integrated actions;
Amendment 211 #
Proposal for a regulation
Part 3 – Article 87 – paragraph 2 – point c – point vi
Part 3 – Article 87 – paragraph 2 – point c – point vi
(vi) where appropriate, the contribution of the planned interventions towards macro regional strategies and seaynergies and sea and river basin strategies;
Amendment 217 #
Proposal for a regulation
Part 3 – Article 87 – paragraph 4 – subparagraph 2
Part 3 – Article 87 – paragraph 4 – subparagraph 2
The Commission shall adopt that model by means of implementing acts, within three months of the date of adoption of this Regulation. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 218 #
Proposal for a regulation
Part 3 – Article 87 – paragraph 5
Part 3 – Article 87 – paragraph 5
5. The Commission shall adopt a decision approving the operational programme by means of implementing acts within two months of the submission of the operational programme.
Amendment 220 #
Proposal for a regulation
Part 3 – Article 88 – paragraph 2
Part 3 – Article 88 – paragraph 2
2. The ERDF and the ESF may finance, in a complementary manner and subject to a limit of 510 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 221 #
Proposal for a regulation
Part 3 – Article 89 – paragraph 1
Part 3 – Article 89 – paragraph 1
Unless otherwise agreed between the Commission and the Member State, operational programmes for the ERDF and the ESF shall be drawn up at the appropriate geographical level and at least at NUTS level 23, in accordance with the institutional system specific to the Member State.
Amendment 223 #
Proposal for a regulation
Part 3 – Article 91 – paragraph 3 – subparagraph 2
Part 3 – Article 91 – paragraph 3 – subparagraph 2
The Commission shall providedraw up, within three months of the adoption of this Regulation, indicative guidance on the methodology to be used in carrying out the cost-benefit analysis referred to in point (e) above[…] in accordance with the advisory procedure referred to in Article 143(2).
Amendment 224 #
Proposal for a regulation
Part 3 – Article 91 – paragraph 3 – subparagraph 3
Part 3 – Article 91 – paragraph 3 – subparagraph 3
The format for the information on major projects to be submitted shall be set up in accordance with the model adopted by the Commission, within three months of the adoption of this Regulation, by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 227 #
Proposal for a regulation
Part 3 – Article 92 – paragraph 2
Part 3 – Article 92 – paragraph 2
2. The Commission shall adopt a decision, by means of implementing act, no later than threone months after the date of submission of the information approving a major project in accordance with Article 91. That decision shall define the physical object, the amount to which the co- financing rate for the priority axis applies, physical and financial indicators for monitoring progress, and the expected contribution of the major project to the objectives of the relevant priority axis or axes. An approval decision shall be conditional on the first works contract being concluded within two years of the date of the decision.
Amendment 228 #
Proposal for a regulation
Part 3 – Article 92 – paragraph 3
Part 3 – Article 92 – paragraph 3
Amendment 229 #
Proposal for a regulation
Part 3 – Article 95 – paragraph 2
Part 3 – Article 95 – paragraph 2
The format for the joint action plan shall be set up in accordance with the model adopted by the Commission, within two months of the adoption of this Regulation, by means of implementing acts. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 230 #
Proposal for a regulation
Part 3 – Article 96 – paragraph 2
Part 3 – Article 96 – paragraph 2
2. Provided that any observations have been satisfactorily taken into account, tThe Commission shall adopt a decision approving the joint action plan no later than 6three months after its submission by the Member State but not before the adoption of the operational programmes concerned.
Amendment 232 #
Proposal for a regulation
Part 3 – Article 97 – paragraph 3
Part 3 – Article 97 – paragraph 3
3. Requests for amendment of joint action plans submitted by a Member State shall be duly substantiated. The Commission shall assess whether the request for amendment is justified, taking account of the information provided by the Member State. The Commission may make observations and the Member State shall provide to the Commission all necessary additional information. The Commission shall adopt a decision on a request for amendment no later than threone months after its formal submission by the Member State, provided that any observations made by the Commission have been satisfactorily taken into account. The amendment shall enter into force from the date of the decision, unless otherwise set out in the decision.
Amendment 234 #
Proposal for a regulation
Part 3 – Article 109 – paragraph 3
Part 3 – Article 109 – paragraph 3
3. The allocation for technical assistance from a Fund shall not exceed 105% of the total allocation of that Fund to operational programmes in a Member State under each category of region of the Investment for growth and jobs goal.
Amendment 237 #
Proposal for a regulation
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point e
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point e
(e) 650 % for the transition regions other than those referred to in point (d);
Amendment 238 #
Proposal for a regulation
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point f
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point f
(f) 530 % for the more developed regions other than those referred to in point (d).
Amendment 242 #
Proposal for a regulation
Part 3 – Article 112 – paragraph 2 – subparagraph 3
Part 3 – Article 112 – paragraph 2 – subparagraph 3
Amendment 243 #
Proposal for a regulation
Part 3 – Article 112 – paragraph 3 – subparagraph 3
Part 3 – Article 112 – paragraph 3 – subparagraph 3
The Commission shall adopt, within three months of the adoption of this Regulation, by means of implementing acts, detailed rules concerning the exchanges of information under this paragraph. Theose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 244 #
Proposal for a regulation
Part 3 – Article 113 – paragraph 5
Part 3 – Article 113 – paragraph 5
5. For the Investment for growth and jobs goal, provided that the principle of separation of functions is respected, the managing authority, the certifying authority, where applicable, and the audit authority may be part of the same public authority or body. However, for those operational programmes for which the total amount of support from the Funds exceeds EUR 2505 000 000, the audit authority may not be part of the same public authority or body as the managing authority.
Amendment 245 #
Proposal for a regulation
Part 3 – Article 114 – paragraph 8
Part 3 – Article 114 – paragraph 8
8. The Commission shall adopt delegated acts, within three months of the adoption of this Regulation, in accordance with Article 142, laying down the modalities of the exchange of information in paragraph 2(d).
Amendment 246 #
Proposal for a regulation
Part 3 – Article 114 – paragraph 9
Part 3 – Article 114 – paragraph 9
9. The Commission shall adopt delegated acts, within three months of the adoption of this Regulation, in accordance with Article 142, laying down rules concerning arrangements for the audit trail referred to in paragraph 4(d).
Amendment 247 #
Proposal for a regulation
Part 3 – Article 114 – paragraph 10
Part 3 – Article 114 – paragraph 10
10. The Commission shall adopt, within three months of the adoption of this Regulation, by means of implementing acts, the model for the management declaration referred to in paragraph 4(e). These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 248 #
Proposal for a regulation
Part 3 – Article 116 – paragraph 1 – subparagraph 2
Part 3 – Article 116 – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt delegated acts, within three months of the adoption of this Regulation, in accordance with Article 142 to set out the conditions which those audits shall fulfil.
Amendment 249 #
Proposal for a regulation
Part 3 – Article 116 – paragraph 6
Part 3 – Article 116 – paragraph 6
6. The Commission shall adopt, within three months of the adoption of this Regulation, by means of implementing acts, models for the audit strategy, the audit opinion and the annual control report, as well as the methodology for the sampling method referred to in paragraph 4. Theose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 250 #
Proposal for a regulation
Part 3 – Article 116 – paragraph 7
Part 3 – Article 116 – paragraph 7
7. Implementing rules concerning the use of data collected during audits carried out by Commission officials or authorised Commission representatives shall be adopted by the Commission, within three months of the adoption of this Regulation, in accordance with the examination procedure referred to in Article 143(3).
Amendment 251 #
Proposal for a regulation
Part 3 – Article 121 – paragraph 3
Part 3 – Article 121 – paragraph 3
3. The Commission shall adopt, by means of implementing acts, the model for payment applications within three months of the date of adoption of this Regulation. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
Amendment 252 #
Proposal for a regulation
Part 3 – Article 126 – paragraph 4
Part 3 – Article 126 – paragraph 4
Amendment 254 #
Proposal for a regulation
Part 3 – Article 132 – paragraph 4
Part 3 – Article 132 – paragraph 4
4. The Commission shall be empowered to adopt, within three months of the adoption of this Regulation, delegated acts in accordance with Article 142 to set out which data carriers can be considered as commonly accepted.
Amendment 255 #
Proposal for a regulation
Part 3 – Article 134 – paragraph 1 – point f
Part 3 – Article 134 – paragraph 1 – point f
Amendment 256 #
Proposal for a regulation
Part 3 – Article 134 – paragraph 2
Part 3 – Article 134 – paragraph 2
2. The Commission may decide, by means of implementing acts, to suspend all or part of interim payments for a period of up to three months, after having given the Member State the opportunity to present its observations.
Amendment 257 #
Proposal for a regulation
Part 3 – Article 134 – paragraph 3
Part 3 – Article 134 – paragraph 3
3. The Commission and the Member State shall take what measures they can to remedy the causes of the suspension of payments. The Commission shall end suspension of all or part of interim payments where the Member State, with coordination and support from the Commission, has taken the necessary measures to enable the suspension to be lifted.
Amendment 258 #
Proposal for a regulation
Part 3 – Article 136 – paragraph 1 – subparagraph 1 – introductory part
Part 3 – Article 136 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall, after consulting the Member State concerned, and in cooperation with it, make financial corrections by means of implementing acts by cancelling all or part of the Union contribution to an operational programme in accordance with Article 77 where, after carrying out the necessary examination, it concludes that:
Amendment 259 #
Proposal for a regulation
Part 3 – Article 136 – paragraph 5
Part 3 – Article 136 – paragraph 5
Amendment 260 #
Proposal for a regulation
Part 3 – Article 137 – paragraph 6
Part 3 – Article 137 – paragraph 6
6. Where irregularities affecting annual accounts sent to the Commission are detected by the Commission orand by the European Court of Auditors, the resulting financial correction shall reduce support from the Funds to the operational programme.
Amendment 262 #
Proposal for a regulation
Part 4 – Article 141 – paragraph 1
Part 4 – Article 141 – paragraph 1
Amendment 263 #
Proposal for a regulation
Part 4 – Article 142 – paragraph 2
Part 4 – Article 142 – paragraph 2
2. The delegations of power referred to in this Regulation shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation period of five years from the date of entry into force of this Regulation. The Commission shall submit a report in respect of the delegation of power at the latest nine months before the end of the five-year period. The delegation of power shall be extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.