[ParlTrack]

Proposal for a regulation
Part 2 – Article 21

Conditionality linked to the coordination of Member States' economic policies 1. The Commission may request a Member State to review and propose amendments to its Partnership Contract and the relevant programmes, where this is necessary: (a) to support the implementation of a Council recommendation, addressed to the Member State concerned and adopted in accordance with Articles 121(2) and/or 148(4) of the Treaty, or to support the implementation of measures addressed to the Member State concerned and adopted in accordance with Article 136(1) of the Treaty; (b) to support the implementation of a Council recommendation addressed to the Member State concerned and adopted in accordance with Article 126(7) of the Treaty; (c) to support the implementation of a Council recommendation addressed to the Member State concerned and adopted in accordance with Article 7(2) of Regulation (EU) No …/2011 [on the prevention and correction of macroeconomic imbalances], provided that these amendments are deemed necessary to help correct the macroeconomic imbalances; or (d) to maximise the growth and competitiveness impact of the available CSF Funds pursuant to paragraph 4, if a Member State meets one of the following conditions: (i) Union financial assistance is made available to it under Council Regulation (EU) No 407/2010; (ii) medium-term financial assistance is made available to it in accordance with Council Regulation (EC) No 332/2002 ; (iii) financial assistance in the form of an ESM loan is made available to it in accordance with the Treaty establishing the European Stability Mechanism. 2. The Member State shall submit 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. 3. Where the Commission has not made observations or where its observations have been satisfactorily taken into account, the Commission shall adopt a decision approving the amendments to the Partnership Contract and the relevant programmes without undue delay. 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 the Member State 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. 5. Where the Member State fails to respond to the Commission's request referred to in paragraph 1 or does not reply satisfactorily within one month to the observations of the Commission referred to in paragraph 2, the Commission may, within three months following its observations, adopt a decision, by means of implementing acts, suspending part or all of the payments for the programmes concerned. 6. The Commission shall suspend, by means of implementing acts, part or all of the payments and commitments for the programmes concerned where: (a) the Council decides that the Member State does not comply with the specific measures set out by the Council in accordance with Article 136(1) of the Treaty; (b) the Council decides in accordance with Article 126(8) or Article 126(11) of the Treaty that the Member State concerned has not taken effective action to correct its excessive deficit; (c) the Council concludes in accordance with Article 8(3) of Regulation (EU) No […]/2011 [on the prevention and correction of macroeconomic imbalances] that, on two successive instances, the Member State has not submitted a sufficient corrective action plan or the Council adopts a decision declaring non- compliance in accordance with Article 10(4) of that Regulation; (d) the Commission concludes that the Member State has not taken measures to implement the adjustment programme referred to in Council Regulation (EU) No 407/2010 or Council Regulation (EC) No 332/2002 and as a consequence decides not to authorise the disbursement of the financial assistance granted to this Member State; or (e) the Board of Directors of the European stability mechanism concludes that the conditionality attached to an ESM financial assistance in the form of an ESM loan to the concerned Member State was not met and as a consequence decides not to disburse the stability support granted to it. 7. When deciding to suspend part or all of the payments or commitments in accordance with paragraphs 5 and 6 respectively, 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. 8. 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: (a) the Council has decided that the Member State complies with the specific measures set out by the Council in accordance with Article 136(1) of the Treaty; (b) the excessive deficit procedure is held in abeyance in accordance with Article 9 of Regulation (EC) No 1467/97 or the Council has decided in accordance with Article 126(12) of the Treaty to abrogate the decision on the existence of an excessive deficit; (c) the Council has endorsed the corrective action plan submitted by the concerned Member State in accordance with Article 8(2) of Regulation (EU) No […] [EIP Regulation] 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) the Commission has concluded that the Member State has taken measures to implement the adjustment programme referred to in Council Regulation (EU) No 407/2010 or Council Regulation (EC) No 332/2002 and as a consequence has authorised the disbursement of the financial assistance granted to this Member State; or (e) the Board of Directors of the European stability mechanism has concluded that the conditionality attached to a financial assistance in the form of an ESM loan to the concerned Member State is met and as a consequence has decided to disburse the stability support granted to it. At the same time, the Council shall decide, on a proposal from the Commission, to re-budget 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.deleted

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 3 – subparagraph 1 – introductory part

Each priority shall set out measurable qualititative and quantitative indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring, evaluation and review of performance. These shall include:

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 3 – subparagraph 1 – point c a (new)

(ca) indicators relating to the impact of the operations on safety, noise emissions, the environment and climate change.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 3 – subparagraph 2

For each CSF Fund, the Fund-specific rules shall set out common measurable qualitative and quantitative indicators and may provide for programme-specific indicators.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 3 – subparagraph 2 a (new)

Each programme, plan and project related to transport and mobility shall be based on an assessment of the effects on safety and on the avoidance of accidents in accordance with the Union's target to reduce heavy accidents by 50% by 2020.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 4

4. Each programme, except those which cover exclusively technical assistance, shall include measurable qualitative and quantitative targets and milestones, programme-specific indicators and a description of the actions to take in~~to account~~ order to comply with the principles set out in Articles 7 and 8.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 4 a (new)

4a. Each programme shall set out the actions taken to involve the partners referred to in Article 5 in all stages of the preparation, implementation, monitoring and evaluation of the programme, in accordance with the European code of conduct referred to in Article 5(3).

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 4 b (new)

4b. In order to improve the delivery of benefits from environment measures of the Union, each programme, plan and project shall set out the results of the Member States' and other project promoters' environmental assessment in particular based on Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment1, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment2, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora 3, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 4, and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds 5 in order to avoid or, where not possible, mitigate or compensate for negative impacts on the environment, such as landscape fragmentation, soil sealing, air and water pollution as well as noise, and to effectively protect biodiversity. _________________ 1 OJ L 175, 5.7.1985, p. 40. 2 OJ L 197, 21.7.2001, p. 30. 3 OJ L 206, 22.7.1992, p. 7. 4 OJ L 327, 22.12.2000, p. 1. 5 OJ L 20, 26.1.2010, p. 7.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 4 c (new)

4c. Each programme, plan and project shall be based on a carbon-proofing assessment, in accordance with the Europe 2020 targets. The Commission shall define a common methodology for those assessments according to the procedure referred to in Article 143.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 24 – paragraph 5

5. Each programme, except those where technical assistance is undertaken under a specific programme, shall set out the indicative amount of support to be used for climate change ~~objectives~~and biodiversity objectives, including objectives relating to Natura 2000.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 39

Member States shall adopt the necessary measures to ensure that the capital resources and gains and other earnings or yields attributable to the support from the CSF Funds to financial instruments are used in accordance with the aims of the programme for a period of at least 10 years after the closure of the programme. The amount left over after 10 years after the closure of the programme shall be transferred to the general budget of the Union.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 48 – paragraph 3 – point m

(m) the adequacy of planned measures to promote sustainable development and to avoid future external costs to European society.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 48 – paragraph 3 – point m a (new)

(ma) the adequacy of planned or taken measures to involve partners referred to in Article 5 in the preparation, implementation, monitoring and evaluation of the Partnership Contract and the programmes.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 48 – paragraph 4

4. The ex ante evaluation shall incorporate, where appropriate, the requirements for Strategic Environmental Assessment set out in implementation of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment and shall include assessments of the effects of programmes on climate change and biodiversity, including trans-border aspects where appropriate.

2012/05/07
Committee: CONT

Bart STAES

Proposal for a regulation
Part 2 – Article 61 – paragraph 1 – subparagraph 1 – introductory part

An operation comprising investment in infrastructure or productive investment shall repay the contribution from the CSF Funds if within ~~five~~ten years from the final payment to the beneficiary or within the period of time set out in the State aid rules, where applicable, it is subject to:

2012/05/07
Committee: CONT

15 Amendments of Bart STAES related to 2011/0276(COD)

ParlTrack - 2011-2024