50 Amendments of Victor NEGRESCU related to 2020/0380(COD)
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) Following the end of the transition period, barriers to trade and to cross-border exchanges between the Union and the United Kingdom will be present. Broad and far-reaching social and economic consequences for businesses, especially SMEs and micro-entities and their employees, citizens and public administrations, local communities and regions, are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 43 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economic impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, especially the most affected ones in such exceptional circumstances. However, many uncertainties associated with the impact of the UK’s withdrawal remain, which make it difficult to determine the specific exposure of a Member State’s economy. For example, possible positive gains can be expected from the movement of economic sectors of activity from the UK to certain Member States in the Union.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions, local communities and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public expenditure incurred by Member States for measures specifically taken to mitigate those consequences.
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal, giving special attention to SMEs, micro-entities and their employees with the aim of securing quality employment and social security and protection . Member States should ensure that new high-quality jobs are created in those regions and local communities particularly affected, as jobs are key for regions and local communities to thrive. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
Amendment 51 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters and those from where we had a massive emigration towards the United Kingdom, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and, economic sectors and families and citizens adversely affected by the withdrawal. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
Amendment 58 #
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible forincrease the quality of the implementation of the Reserve, technical assistance should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national lawfinancing. Expenditure linked to relocations of individuals and companies should not be supported from the Reserve.
Amendment 59 #
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported. Furthermore, the support given should not lead to distortion of competition within the internal market.
Amendment 61 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) It should be noted that there is potentially big variation in the financial allocation per Member State. In order to allow the use of the resources in the most efficient way, technical assistance used by the bodies responsible for the management, monitoring, information and communication and control and auditing of the Reserve should be set at 3% of the contribution from the Reserve for each Member State.
Amendment 62 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to take into account the immediate impact of the adverse consequences of the withdrawal of the United Kingdom from the Union on the Member States and their economies and the need to adopt mitigating measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 July 2020 and be concentrated over a limited period of 30 months. Due to the current pandemic situation, the period could be extended if required under special circumstances expressed by Member States.
Amendment 68 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to specify that the budget allocated to the Reserve should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council12 (the ‘Financial Regulation’). It is therefore appropriate to determine the principles and specific obligations that the Member States should respect, in particular the principles of sound financial management, transparency and non-, non-discrimination, non- political discrimination and the absence of conflict of interest. _________________ 12Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union (OJ L 193, 30.7.2018, p. 1).
Amendment 70 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Stresses the need for each EU budgetary programme and its beneficiaries to ensure respect for fundamental rights and deliver and contribute to implementing gender equality and its mainstreaming, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
Amendment 73 #
Proposal for a regulation
Recital 10
Recital 10
(10) For the purpose of sound financial management, specific rules should be laid down for budget commitments, payments, carry-overs and the recovery of the Reserve. While respecting the principle that the Union budget is set annually, this Regulation should provide for possibilities to carry-over unused funds beyond those set out in the Financial Regulation, thus maximising the Reserve’s capacity to address adverse and unforeseen consequences of the withdrawal of the United Kingdom from the Union on the Member States and their economies.
Amendment 77 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics and needs to ensure equal treatment of all Member States. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
Amendment 82 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure equal treatment of all Member States, there should be one single deadline applicable to all Member States for the submission of applications for a financial contribution from the Reserve. The specific nature of the instrument and the relatively short implementation period justify the establishment of a tailor-made reference period and would make disproportionate the requirement for Member States to provide the documents required in paragraphs 5, 6 and 7 of Article 63 of the Financial Regulation, on an annual basis. Given that at the same time, the risks for the Union budget are mitigated by the requirement for a solid management and control system to be set up by Member States, it is justified to derogate from the obligation to submit the required documents in February or March of each year. In order to enable the Commission to check the correctness of the use of the financial contribution of the Reserve, Member States should also be required to submit, as part of the application, implementation reports providing more detail on the actions financed, a management declaration as well as an opinion of an independent audit body, drawn up in accordance with internationally accepted audit standards. In order for Member States to comply and provide for a swift implementation the Commission should organise information sessions and provide a guide for good use of the Reserve.
Amendment 85 #
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to thatall Member States within the limits of the financial resources available. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for. For the additional amounts, the allocation criteria as set out in Annex I should apply.
Amendment 87 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated. Where new bodies are created by the Member States, the Commission should, in the early stages of the eligibility period, assess their adequacy in contributing to the protection of the financial interests of the EU. The Commission should furthermore ensure a consistent and comparable audit approach in all Member States.
Amendment 88 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated. The Commission will seek to supervise if Member States are politicizing the management structures or the financial allocations.
Amendment 91 #
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with the Financial Regulation, Council Regulation (EC, Euratom) No 2988/9514 , Council Regulation (Euratom, EC) No 2185/9615 and Council Regulation (EU) 2017/193916 and Regulation (EU, Euratom) No 2020/2092on a general regime of Rule of Law conditionality for the protection of the Union budget, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 14 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 15 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 16Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 17Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 92 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) In order to ensure efficient and coherent allocation of funds from the Union budget and to respect the principle of sound financial management, financial actions under the Reserve should be consistent with and complementary to ongoing Union programmes and priorities, such as the digital transition and a just climate transition, while avoiding double funding for the same expenditure. Therefore, financial support under the Reserve should be additional to the support provided under other Union programmes and instruments, provided that such support does not cover the same cost.
Amendment 94 #
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should raise awareness on the Union contribution from the Reserve and inform the public accordingly as transparency, communication and visibility activities are essential in making Union action visible on the ground. Those activities should be based on accurate and updated information. Member States should consult social partners and national Parliaments in the drafting of the Reserve plan.
Amendment 96 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to enhance transparency on the use of the Union contribution, the Commission should provide a final report to the European Parliament and the Council on the implementation of the Reserve. The Commission should evaluate in particular whether resources were used in an effective, efficient and EU value- added way, with Member States providing assistance to those regions, local communities and sectors particularly affected. The evaluation should also assess whether there was real and measurable impact in mitigating the negative effects of the UK's withdrawal from the EU, taking into consideration the very broad eligibility criteria for expenditure, the lack of clear priorities and indicators, as well as, the lack of an impact assessment and stakeholder consultation prior to adopting the proposal.
Amendment 97 #
(19) In order to enhance transparency on the use of the Union contribution, the Commission should provide a final reportmid-term and a final report containing an analysis for each Member State to the European Parliament and the Council on the implementation of the Reserve.
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 JulFebruary 2020 to 31 December 2022;
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the Union in Member States, regionbusinesses, especially SMEs and micro-entities including their employees, regions, local communities and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion.
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the Union in Member States, regions and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social, demographic and territorial cohesion.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The maximum resources for the Reserve shall be EUR 5 370 994000 000 000 in current2018 prices.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) a pre-financing amount of EUR 4 244 832 000000 000 000 in 2018 prices shall be made available in 2021 in accordance with Article 8;
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000000 000 000 in 2018 prices shall be made available in 2024 in accordance with Article 11.
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) measures to assist businesses, especially SMEs and micro-entities, and local communities and regions adversely affected by the withdrawal;
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) measures to support businesses, especially SMEs and micro entities and local communities and regions dependent on fishing activities in the United Kingdom waters;
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment, and job creation, especially in those regions and local communities most affected, with the aim of securing quality employment, social security and protection including through short-time work schemes, re-skilling and upskilling and training in affected sectors;
Amendment 137 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment and education, including through short- time work schemes, re-skilling and training in affected sectors or for EU citizens returning to European countries;
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) measures to facilitate regimes for certification and authorisation of products, to assist in meeting establishment requirements, to facilitate labelling and marking, for example for safety, health and environmental and social standards, as well as to assist in mutual recognition, including additional personnel and infrastructure, especially digital infrastructure;
Amendment 146 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) measures to assist and offer guidance to EU citizens and businesses returning from the United Kingdom;
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures referred to in paragraph 1 shall comply with applicable law, the implementation of gender equality, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
Amendment 156 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures and of flat-rate financing for technical assistance.
Amendment 166 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall pay the pre- financing within 6045 days of the date of the adoption of the implementing act referred to in paragraph 2. It shall be cleared in accordance with Article 11.
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where a Member State does not submit an application for a financial contribution from the Reserve by 30 September 2023, the Commission shall recover the total amount paid as pre- financing to that Member State. Due to the pandemic, a Member State may request, under specific conditions, for an extension of the period for up to 18 months.
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) a description of the impact of the withdrawal of the United Kingdom from the Union in economic and social terms, especially on jobs and employment, including an identification of the regions, areas and sectors most affected;
Amendment 178 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) a description of the measures taken to counter the adverse consequences of the withdrawal of the United Kingdom from the Union, of the extent to which those measures alleviated the regional, local and sectoral impact referred to in point (a), and how they were implemented; a description of whether the measures created new high quality jobs in those regions and local communities particularly affected;
Amendment 179 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) a description of the measures taken to avoid double funding, politicisation of funding and to ensure complementarity with other Union instruments and national funding;
Amendment 180 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) a description of the contribution of the measures to climate change mitigation and adaptation, the sustainable use and protection of water and marine resources, the protection and restoration of biodiversity and ecosystems, and the transition to a circular economy, where relevant.
Amendment 200 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(c a) organise public consultations with social partners and civil society so as to determine a plan of action;
Amendment 202 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) preventing, detecting and correcting irregularities and fraud, double funding, politicisation of funding and avoiding conflict of interest including through the use of a single data mining tool provided by the Commission;
Amendment 205 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. The independent audit body shall audit the system and carry out independent audits of financed measures in order to provide independent assurance to the Commission regarding the effective functioning of the management and control system and the legality and regularity of the expenditure included in the accounts submitted to the Commission.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
The independent audits of the financed measures shall cover expenditure on the basis of a sample. That sample shall be representative and based on statistical sampling methods.
Amendment 213 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 30 June 2026, the Commission shall carry out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission shall evaluate to what extent Member States' measures alleviated the impact in particularly affected local communities, regions and sectors. The Commission may make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.