Activities of Jean-Paul BESSET
Plenary speeches (10)
Criminal sanctions for insider dealing and market manipulation (debate)
North-East Atlantic: deep-sea stocks and fishing in international waters - Status of the North-East Atlantic mackerel fishery (debate)
Baltic salmon stock and the fisheries exploiting that stock - Conservation of fishery resources through technical measures for the protection of juveniles of marine organisms - Removal of fins of sharks on board vessels - Small-scale and artisanal fisheries and CFP reform - External dimension of the common fisheries policy (debate)
European fisheries sector crisis due to rise in oil prices (debate)
Support for strengthening the European Union ban on shark finning - Increased European Union support for grassroots sports - An EU homelessness strategy (Written declarations)
Territorial, social and economic cohesion - Good governance and EU regional policy (debate)
EU cohesion and regional policy after 2013 - Future of the European Social Fund (debate)
Reporting formalities for ships arriving in or departing from ports (debate)
A catch documentation programme for bluefin tuna (thunnus thynnus) (debate)
Strategic goals and recommendations for the EU’s maritime transport policy until 2018 (debate)
Shadow reports (17)
RECOMMENDATION on the draft Council Decision on the conclusion of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force PDF (182 KB) DOC (83 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on payment services in the internal market and amending Directives 2002/65/EC, 2013/36/EU and 2009/110/EC and repealing Directive 2007/64/EC PDF (661 KB) DOC (792 KB)
REPORT on the insurance of natural and man-made disasters PDF (151 KB) DOC (68 KB)
REPORT on the proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (recast) PDF (185 KB) DOC (250 KB)
PDF (530 KB) DOC (769 KB)
REPORT on recovery and resolution framework for non-bank institutions PDF (199 KB) DOC (102 KB)
REPORT on the proposal for a Council decision on the adoption by Latvia of the euro on 1 January 2014 PDF (188 KB) DOC (96 KB)
REPORT on the proposal for a Council regulation amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty PDF (228 KB) DOC (204 KB)
REPORT on the proposal for a Council regulation amending Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid and Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road PDF (224 KB) DOC (243 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on improving securities settlement in the European Union and on central securities depositories (CSDs) and amending Directive 98/26/EC PDF (681 KB) DOC (494 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on insider dealing and market manipulation (market abuse) PDF (701 KB) DOC (586 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation PDF (329 KB) DOC (287 KB)
REPORT on small-scale coastal fishing, artisanal fishing and the reform of the common fisheries policy PDF (246 KB) DOC (170 KB)
REPORT on reporting obligations under Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy PDF (184 KB) DOC (95 KB)
REPORT Report on achieving real territorial, social and economic cohesion within the EU - a sine qua non for global competitiveness? PDF (230 KB) DOC (134 KB)
REPORT Report on strategic goals and recommendations for the EU’s maritime transport policy until 2018 PDF (194 KB) DOC (106 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community and repealing Directive 2002/6/EC PDF (267 KB) DOC (336 KB)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Council Regulation (EC) No 1083/2006
Shadow opinions (5)
OPINION on constitutional problems of a multitier governance in the European Union
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020)
OPINION on the review of the 6th Environment Action Programme and the setting of priorities for the 7th Environment Action Programme
OPINION on a resource-efficient Europe
OPINION on the Green Paper ‘From challenges to opportunities: towards a common strategic framework for EU research and innovation funding’
Written declarations (1)
Amendments (1029)
Amendment 2 #
2014/0000(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the assessments by the Commission and the European Central bank (ECB) and the relevant figures figures for the 2014 convergence report are not yet available and therefore, for this report, reference can be made only to the figures in the 2014 winter forecast;
Amendment 12 #
2014/0000(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is pleased that, in the Commission's opinion,Notes that according to the Commission's Alert Mechanism report there are no macroeconomic imbalances in Lithuania;
Amendment 14 #
2014/0000(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomNotes the fact that, on 23 January 2014, the Lithuanian Parliament amended several laws in order to transfer ownership of all assets on the Lithuanian central bank's balance sheet, including immovable property, to the central bank and thuswith the aim of ensureing its independence;
Amendment 15 #
2014/0000(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the recent progress made by Lithuania regarding its EU2020 related National objectives; underlines however that the financial crisis has had a very significant impact on poverty and unemployment and the pre-crisis levels have not yet been reached back; is concerned by the high level of structural unemployment and in particular youth unemployment;
Amendment 16 #
2014/0000(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes the readiness of the Lithuanian government to reform its flat tax system and to establish a progressive taxation system; point out that such reform is expected to have beneficial impact on long-term public finances;
Amendment 17 #
2014/0000(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes with strong concern that around 1/6th of the Lithuanian population and especially young people left the country during the most acute period of the crisis; points out that such situation has created an unprecedented challenge for the country and in particular for the long-term sustainability of public finances given the impact of such migration flows on the dependency ratio and the expected demographic developments; calls on the Lithuanian government to closely monitor such impact and to adopt comprehensive measures to address it;
Amendment 18 #
2014/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Lithuania is characterised by a high degree of energy dependence, being above all very dependent on Russia, and is one of the Member States whose security of supply is most at risk; notes that energy intensity in Lithuania is relatively high, compared with the rest of the EU, although progress has been made in this respect; notes further that energy accounts for a large share of the Lithuanian consumer goods and services basket and represents therefore a highly relevant factor for its current account balance;
Amendment 20 #
2014/0000(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 23 #
2014/0000(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 24 #
2014/0000(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that the Lithuanian Government is alive to the country's energy problems and is attempting to tackle them by means of a broad-based 'National Energy Independence Strategy'; welcomes in this context the efforts made by Lithuania in terms of energy efficiency even if the energy consumption per capita in Lithuania is already about 2/3 of the EU average; supports an higher share of renewable energy than the 23% announced in its Strategy since Lithuania has already in 2012 nearly reached this target; underlines further that building a new nuclear power plant will perpetuate the full dependence of Lithuania on nuclear fuel import; welcomes further the fact that Lithuania is pressing ahead with unbundling in the gas sector (in line with the EU's third energy package);
Amendment 26 #
2014/0000(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the Lithuanian financial system is comparatively liquid and well capitalised; notes furthermore that the Lithuanian financial sector is dominated by Scandinavian banks, which control some 90% of the market; notes further that in Lithuania in the meantime, according to the latest data (for the third quarter of 2013) from its central bank, the banking liquidity rateio is declining slightly, at 38.3%steady, the number of non- performing loans is declining and the loan- to-deposit ratio is falling;
Amendment 31 #
2014/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that, in a survey in May 2013, more than half the Lithuanians polled voiced misgivings at the introduction of the euro; is confident, however, that, once the information campaigns on the introduction of the euro get under way, public support willmight increase during 2014; welcomes the fact that the Lithuanian Government is clearly in favour of introducing the euro.
Amendment 2 #
2013/2174(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas penetration rates should be considered alongside rates of adequacy (of insurance cover), which should be produced by the national and European authorities;
Amendment 4 #
2013/2174(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, in many cases, Member States affected by cross-border natural disasters have the same level of exposure to risk and a cross-border, EU-level approach to risk management is therefore required;
Amendment 6 #
2013/2174(INI)
Motion for a resolution
Recital D
Recital D
D. whereas storm surges, river floods and flash floods are among the main natural catastrophe risks faced by Europe and, even ifbecause their incidence is increasing rapidly, it is still impossiblealthough it is difficult to estimate their increasing effects precisely in terms of damages and costs, there is currently a scientific consensus that costs will soar, as will levels of damage, far beyond those experienced to date;
Amendment 12 #
2013/2174(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas natural disasters are tending increasingly to highlight and aggravate the damage caused by man-made disasters;
Amendment 14 #
2013/2174(INI)
Motion for a resolution
Recital G
Recital G
Amendment 18 #
2013/2174(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that preventionthe management of exposure to risk is the most important factor in terms of protecting people and avoiding losses caused by unexpected events; notes the role of the EU in developing a more responsible society and creating a culture of prevention enhancing citizens' awareness of both natural and man-made risks;
Amendment 21 #
2013/2174(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that more research will yield a detailed framework of different situations with regard to understanding and preventing environmental risks, managing exposure to them and reducing uncertainty in this field; welcomes partnerships between insurance companies and research institutes aimed at pooling resources, skills and risk expertise in order to better prepare citizens to face risks related to natural catastrophes;
Amendment 25 #
2013/2174(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that the EU can provide visible added value by supporting responsible individual behaviour, and welcomes the support of campaigns aimed at improving citizens'’ awareness of the risks of natural catastrophes and knowledge of geography and climate, and specifically at informing the choices they make in relation to property investment and steps to reduce their exposure to risks;
Amendment 31 #
2013/2174(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to make available tools for the collection and distribution of such information, for use by national authorities, insurance companies, businesses and households;
Amendment 32 #
2013/2174(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission'’s efforts to raise awareness regarding disasters, but notes that natural and man-made disasters need different types of insurance and are covered by two different insurance markets, and therefore cannot be treated together even if there are cases of man- made decisions affectingggravating exposure to a natural catastrophe risk;
Amendment 42 #
2013/2174(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to create a single database on natural hazards in Europe and the legal and financial risk- management tools that address them, and to publish it (in the form of an interactive map and a website);
Amendment 50 #
2013/2174(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages insurance companies to simplify contracts for consumers and to provide information on preventive measures, and their impact on the price of cover, in order to facilitate consumers'’ choices;
Amendment 51 #
2013/2174(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the need to harmonise requirements in relation to pre-contractual information for consumers in the EU;
Amendment 53 #
2013/2174(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the need for consumers to understand what type of coverage they have and how it would operate; points out that consumers need to be fully informed of all terms and conditions, including the procedures for withdrawal from a contract and for making complaints and the deadlines applicable in such procedures, when buying insurance products and before signing a contract;
Amendment 57 #
2013/2174(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that in the end it is the state that pays for damages, and suggests that Member States should recognise the importance of prevention and should make it a pillar of investment strategy, since it is more efficient to minimise the consequences of disastersexposure to disasters, natural and man-made, instead of providing cover and repairing afterwards;
Amendment 59 #
2013/2174(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the risk of moral hazard when citizens assume that their government is using public resources from the national budget to cover losses; is therefore critical of actions and measures discouraging citizens from taking measures to protect themselves, except in cases where such actions and measures are based on sound scientific research;
Amendment 1 #
Amendment 118 #
2013/0264(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In recent years, significant progress has been achieveddevelopment on integrating retail payments in the Union, in particular in the context ofhas been achieved in the Union, with the Union acts on payments, notably: Directive 2007/64/EC of the European Parliament and of the Council19, Regulation (EC) No 924/2009 of the European Parliament and of the Council20, Directive 2009/110/EC of the European Parliament and of the Council21, and Regulation (EU) No 260/2012 of the European Parliament and of the Council22. Directive 2011/83/EU of the European Parliament and of the Council23 has further complemented the legal framework for payment services by setting a specific limit on the possibility for retailers to surcharge their customers for the use of a certain means of payment. __________________ 19 Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (OJ L 319, 5.12.2007, p. 1). 20 Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (OJ L 266, 9.10.2009, p. 11). 21 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). 22 Regulation (EC) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.03.2012, p. 22). 23 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 119 #
2013/0264(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2007/64/EC has been adopted in December 2007 on the basis of a Commission proposal of December 2005. Since then, the retail payments market has experienced significant technical innovations with the rapid growth in the number of electronic and mobile payments and the emergence of new types of payments services in the market place, challenging the current framework.
Amendment 121 #
2013/0264(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The review of the Union legal framework on payment services and notably the analysis of the impact of Directive 2007/64/EC and the consultation on the Commission Green Paper ‘Towards an integrated European market for card, internet and mobile payments’24 have shown that developments have given rise to important challenges from a regulatory perspective. Important areas of the payments market, in particular card payments, internet and mobile payments are often still fragmented along national borders. Many innovative payment products or services do not fall, entirely or in large parts, under the scope of Directive 2007/64/EC. Furthermore, the scope of Directive 2007/64/EC and in particular, the elements excluded therefrom, as certain payment-related activities from the general rules, proved in a few cases too ambiguous, too general or simply outdated, taking into account the market developments. This has resulted in legal uncertainty, potential security risks in the payment chain and a lack of consumer protection in certain areas. For innovative, safe and easy-to-use digital payment services it has proven to be difficult to take off and provide consumers and retailers with effective, convenient and secure payment methods in the Union. __________________ 24 COM(2012) 941 final. COM(2012) 941 final.
Amendment 123 #
2013/0264(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Establishing an integrated single market for safe electronic payments is crucial in order to ensure that consumers, merchants and companies enjoy choice and transparency of payment services to benefit from the full benefits of the internal market, given the development of the digital economy.
Amendment 129 #
2013/0264(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In recent years, the security risks related to electronic payments have increased, which is due to legal unclarity, inconsistent application of the legislative framework across the Union, the greater technical complexity ofinnovation in electronic payments, the phase in continuously growing volumes of electronic payments worldwide and the emerging speed of new types of payment services. As safe, transparent and secure payment services constitute a vital condition for a well- functioning payment services markeproduct in addition to traditional cash payment, users of payment services should be adequately protected against suchecurity risks. Payment services are essentialhave developed to a major industry and consumers, merchants and companies have become dependent on payment services for the maintenance of vital economic and societal activities and therefore payment services providers such as credit institutions have been qualified as market operators according to Article 3(8) of Directive [pls insert number of NIS Directive after adoption] of the European Parliament and of the Council25 . . __________________ 25 Directive XXXX/XX/EU of the European Parliament and of the Council of [date] concerning measures to ensure a high common level of network and information security across the Union (OJ L x, p x).
Amendment 132 #
2013/0264(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In addition to the general measures to be taken at Member States’ level in Directive [pls insert number of NIS Directive after adoption], the security risks related to the choice of technical system to offer payment transactions should also be addressed at the level of the payment service providers and for their cost and responsibility. The security measures to be taken by the payment service providers need to be in proportionate to the security risks concerned for their clients. A regular reporting mechanism should be established, so as to ensure payment services should provide the competent authorities on an annual basisat least 3 times a year with updated information on the assessment of their security risks and the (additional) measures that they have taken in response to reduce these risks. Furthermore, in order to ensure that damages to other payment service providers and payment systems, such as a substantial disruption of a payment system and to users is kept to a minimum, it is essential that payment service providers have the obligation to report within undue delay major security incidents to the European Banking Authority, which should publish a report on ‘Security of Digital Payment Services in the European Union’ every year..
Amendment 138 #
2013/0264(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The definitions of payment services, payment protocols and standards should be technologically neutral and allow for the further development of new types of payment services, while ensuring equivalent operating conditions for both existing and new payment service providers.
Amendment 139 #
2013/0264(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The definition of payment services should be technologically neutral and allow for the further development of new types of payment services, while ensuring equivalent safe operating conditions for both existing and new payment service providers.
Amendment 140 #
2013/0264(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The exemption of payment transactions through a commercial agent on behalf of the payer or the payee, as established in Directive 2007/64/EC is being applied very differently in the Member States and should not be continued. Certain Member States have allow the use of the exemption by e- commerce platforms that act as an intermediary on behalf of both individual buyers and sellers without a real margin to negotiate or conclude the sale or purchase of goods or services. That goewas beyond the intended scope of the exemption and may increase risks for the consumers, as these providers remain outside the protection of the legal framework. Different application practices also distort competition in the payment market. The definition should become more precise and clearer to address these concerns.
Amendment 141 #
2013/0264(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services, which does not fit the purpose of the limited network exemption as provided for in Directive 2007/64/EC. That implies greater risks and no legal protection for payment service users, in particular for consumers and clear disadvantages for regulated market actors. A more precise description of a limited network, in line with Directive 2009/110/EC, is necessary in order to limit those risks and the exception should not be continued. A payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores, or for a limited range of goods or services, regardless of the geographical location of the point of sale. Such instruments could include store cards, petrol cards, membership cards, public transport cards, meal vouchers or vouchers for specific services, which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation. Where such a specific-purpose instrument develops into a general purpose instrument, the exemption from the scope of this Directive should no longer apply. Instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this Directive as such instruments are typically designed for a network of service providers which is continuously growing. The exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network.
Amendment 147 #
2013/0264(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 153 #
2013/0264(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Service providers seeking to benefit from an exemption under Directive 2007/64/EC often do not consult authorities on whether their activities are covered or exempted under that Directive but rely on their own assessments. It appears that some exemptions may have been used by payment service providers to redesign business models so that the payment activities offered would be outside the scope of that Directive. This may result in increased risks for payment service users and diverging conditions for payment service providers in the internal market. Service providers should therefore be obliged to notify certaintheir activities to the competent authorities, to ensure a homogenous interpretation of the rules throughout the internal market.
Amendment 154 #
2013/0264(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 165 #
2013/0264(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The availability of accurate, updated information on the name and address should be enhanced by requiring payment institutions to inform the competent authority of their home state without undue delay of any changes affecting the accuracy of the information and evidence provided with regard to the authorisation, including additional agents, branches or entities to which activities are outsourced. The competent authorities should also verify, in case of doubts, that the information received is correct. Information or documents made by competent authorities of the Member States should be motivated by formal decision, specifying the legal basis of the decision, the purpose of the request, what information is required and the time-limit of the provision and the custody of the information or the document.
Amendment 168 #
2013/0264(COD)
Proposal for a directive
Recital 34
Recital 34
(34) It is essential for any payment service provider to be able to access the services of technical infrastructures of payment systems. Such access should, however, be subject to appropriate requirements in order to ensure integrity and stability of those systems. Each payment service provider applying for a participation in a payment system should bear the risk of its own choice of system and furnish proof to the participants of the payment system that its internal arrangements are sufficiently robust against all kinds of risk and fraudulent misuse by a third party due to the choice of operating systems. These payment systems typically include e.g. the four-party card schemes as well as major systems processing credit transfers and direct debits. In order to ensure equality of treatment throughout the Union as between the different categories of authorised payment service providers, according to the terms of their licence, it is necessary to clarify the rules concerning access to the provision of payment services and access to payment systems.
Amendment 169 #
2013/0264(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Provision should be made for the non- discriminatory treatment of authorised payment institutions and credit institutions so that any payment service provider competing in the internal market is able to use the services of the technical infrastructures of these payment systems under the same conditions. It is appropriate to provide for different treatment for authorised payment service providers and for those benefiting from a waiver under this Directive as well as from the waiver under the Article 3 of Directive 2009/110/EC, due to the differences in their respective prudential framework. In any case, differences in price conditions should be allowed only where this is motivated by documented differences in costs incurred by the payment service providers. This should be without prejudice to Member States’ right to limit access to systemically important systems in accordance with Directive 98/26/EC of the European Parliament and of the Council32 and without prejudice to the competence of the European Central Bank and the European System of Central Banks (ESCB) concerning access to payment systems. __________________ 32 Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.06.98, p. 45)the competence of the European Central Bank and the European System of Central Banks (ESCB) concerning access to payment systems.
Amendment 170 #
2013/0264(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In certain cases, Member States have granted indirect access to specific payment service providers to designated payment systems, in analogy to the provisions of Directive 98/26/EC. This decision is at the discretion of the Member State concerned. However, to ensure fairno infringements to the Unions competition law between payment service providers, this Directive should provide othat where a Member State has granted a payment service provider indirect access to such systems, other payment service providers which are in the same situation should be benefit from the same, non-discriminatory treatmener payment service providers to benefit from the same, non- discriminatory treatment due to the fact that payment services have developed to a major industry and consumers, merchants and companies have become dependent on payment services for the maintenance of vital economic, societal activities and to successfully be able to participate in the internal market.
Amendment 174 #
2013/0264(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In single payment transactions only the essential information should always be given on the payment service provider’s own initiative. As the payer is usually present when he gives the payment order, it is not necessary to require that information should in every case be provided on paper or on another durable medium. The payment service provider may give information orally over the counter or make it otherwise easily accessible, for example by keeping the conditions on a notice board on the premisThe information should in every case be provided on paper or on another durable medium due to the increased digitalisation of the payment services. Information should also be given on where other more detailed information is available (e.g. the address of the website). However, if the consumer so requests, the essential information should be given on paper or on another durable medium.
Amendment 177 #
2013/0264(COD)
Proposal for a directive
Recital 46
Recital 46
(46) This Directive should provide for the consumer’s right to receive relevant information free of charge before being bound by any payment service contract. The consumer should also be able to requestpresented prior information as well as the framework contract, on paper, free of charge at any time during the contractual relationship, so as to enable them to compare payment service providers’ services and their conditions and in case of any dispute verify their contractual rights and obligations. Those provisions should be compatible with Directive 2002/65/EC. The explicit provisions on free information in this Directive should not have the effect of allowing charges to be imposed for the provision of information to consumers under other applicable Directives.
Amendment 178 #
2013/0264(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The way in which the required information is to be given by the payment service provider to the payment service user should take into account the needs of the latter as well as practical technical aspects and cost-efficiency depending on the situation with regard to the agreement in the respective payment service contract. Thus, this Directive should distinguish between two ways in which information is to be given by the payment service provider: either the information should be provided, i.e. actively communicated by the payment service provider at the appropriate time as required by this Directive without further prompting by the payment service user, or the information should be made available to the payment service user, taking into account any request he may have for further information. In the latter case, the payment service usprovider should take some active steps in order to obtainfor the information, such as to be available, without the payment service user requesting it explicitly from the payment service provider,; logging into bank account mail box or inserting a bank card into printer for account statements. For such purposes the payment service provider should ensure that access to the information is possible and free of charge and that the information is always available to the payment service user.
Amendment 179 #
2013/0264(COD)
Proposal for a directive
Recital 48
Recital 48
(48) The consumer should receive basic information on executed payment transactions for no additional charge. In the case of a single payment transaction the payment service provider should not charge separately for this information. Similarly, the subsequent monthly information on payment transactions under a framework contract should be given free of charge. However, taking into account the importance of transparency in pricing and differing customer needs, the parties should be able to agree on charges for more frequent or additional information. In order to take into account different national practices, Member States should be allowed to set rules requiring that monthly paper-based statements of payment accounts are always to be given free of charge.
Amendment 181 #
2013/0264(COD)
Proposal for a directive
Recital 49
Recital 49
(49) In order to facilitate customer mobility, it should be possible for consumers to terminate a framework contract after a year without incurring charges. For consumers, the period of notice agreed should be no longer than a month, and for payment service providers no shorter than twohree months. This Directive should be without prejudice to the payment service provider’s obligation to terminate the payment service contract in exceptional circumstances under other relevant Union or national legislation, such as legislation on money laundering and terrorist financing, any action targeting the freezing of funds, or any specific measure linked to the prevention and investigation of crimes.
Amendment 182 #
2013/0264(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Low value payment instruments should be a cheap and easy-to-use alternative in the case of low-priced goods and services and should not be overburdened by excessive requirements. The relevant information requirements and rules on their execution should therefore be limited to essential information as account owner and address, taking also into account technical capabilities that can justifiably be expected from instruments dedicated to low value payments. Despite the lighter regime payment service users should benefit from adequate protection considering the limited risks posed by those payment instruments, especially with regard to prepaid payment instruments.
Amendment 188 #
2013/0264(COD)
Proposal for a directive
Recital 53
Recital 53
(53) In order to reduce theaccommodate the payment service provider’s risks and consequences of unauthorised or incorrectly executed payment transactions the payment service user should inform the payment service provider as soon as possible about any contestations concerningthe allegedly unauthorised or the incorrectly executed payment transactions provided that the payment service provider has fulfilled its information obligations under this Directive. If the notification deadline iThis Directive should not affect other claims mbet by theween payment service user, it should be able to pursue those claims within the prescription periods pursuant to national law. This Directive should not affect other claims between payment service users ands and payment service providers. Member States should ensure that the personalised security features, used by the payment service user to access his online banking application, are not used to initiate payment orders through third party payment service providers.
Amendment 189 #
2013/0264(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In the case of unauthorized payment transactions the payer should be refunded immediatelyon the same day it has been made aware of the transactions the amount of the respective transaction. In order to prevent the payer from any disadvantages, the credit value date of the refund should not be later than the date when the respective amount has been debited. In order to provide an incentive for the payment service user to notify, without unreduce delay, the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions from the payment service provider, the user should be liable only for a very limited amount, unless the payment service user has acted fraudulently or with gross negligence. In this context an amount of EUR 50 seems to be adequate in order to ensure a harmonized and a high level user protection within the Union. Moreover, once users have notified a payment service provider that their payment instrument may have been compromised, the users should not be required to cover any further losses stemming from unauthorised use of that instrument. This Directive should be without prejudice to the payment service providers’ responsibility for technical security of their own products and choice of technical systems.
Amendment 192 #
2013/0264(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to assess possible negligencefraud by the payment service user, account should be taken of all the circumstances. The evidence and degree of alleged negligencethe fraud or possible fraud, should generally be evaluated according to the general legal definition of fraud in national law. Contractual terms and conditions relating to the provision and use of a payment instrument, the effect of which would be to increase the burden of proof on the consumer or to reduce the burden of proof on the issuer should be considered null and void. Moreover, in specific situations and notably where the payment instrument is not present at the point of sale, such as in the case of online payments over the internet, it is appropriate thatthe payment service provider have to provide the information of whom, how and where the possible fraud by a third person was committed and the actions taken by the payment service provider isto required to provide evidence of alleged negligenceduce the risks and avoid repeated breaches since the payer’s means are very limited to do so in such cases.
Amendment 193 #
2013/0264(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Provisions should be made for the allocation of losses in the case of unauthorised payment transactions. Except for cases of fraud and gross negligence, a consumer should never be obliged to pay more than a maximum of 50 EUR in case of an unauthorised transaction from his account. Different provisions may apply to payment service users who are not consumers, since such users are normally in a better position to assess the risk of fraud and take countervailing measures.
Amendment 195 #
2013/0264(COD)
Proposal for a directive
Recital 59
Recital 59
(59) In view of the speed with which modern fullymodern automated payment systems process payment transactions, which means that after a certain point in time payment orders cannot be revoked without high manual intervention costs, it is necessary to specify a clear deadline for payment revocations. However, depending on the type of the payment service and the payment order, the point in time may be varied by agreement between the partieit is necessary to specify a clear deadline for payment revocations. Revocation, in this context, should be applicable only to the relationship between a payment service user and payment service provider, thus being without prejudice to the irrevocability and finality of payment transactions in payment systems.
Amendment 196 #
2013/0264(COD)
Proposal for a directive
Recital 60
Recital 60
(60) Such irrevocability should not affect a payment service provider’s right or obligation under the laws of some Member States, based on the payer’s framework contract or national laws, regulations, administrative provisions or guidelines, to reimburse the payer with the amount of the executed payment transaction in the event of a dispute between the payer and the payee. Such reimbursement should be considered to be a new payment order. Except for those cases, legal disputes arising within the relationship underlying the payment order should be settled only between the payer and the payee.
Amendment 205 #
2013/0264(COD)
Proposal for a directive
Recital 68
Recital 68
(68) The payer’s payment service provider should assume liability for correct payment execution, including, in particular the full amount of the payment transaction and execution time, and full responsibility for any failure by other parties in the payment chain up to the account of the payee. As a result of that liability the payment service provider of the payer should, where the full amount is not or only late credited to the payee’s payment service provider, correct the payment transaction or without undue delay refund to the payer the same day as the payment service provider became aware of the error, the relevant amount of that transaction, without prejudice to any other claims which may be made in accordance with national law. Due to the payment service provider’s liability, the payer or payee should not be burdened with any costs related to the incorrect payment. In case of non-execution, defective or late execution of payment transactions, Member States should ensure that the value date of corrective payments of payment service providers is always the same as the value date in case of correct execution. Opponents of unconditional refund stress a risk of abuse by consumers. There is no evidence from countries where consumers enjoy an unconditional refund, the right is abused. If abused it would be penalised as renewed payment claim by the payee, extra costs paid by the party which has caused this R-transaction, the consumer being blacklisted or banned to use the service by cancellation of the underlying contract, and a recall of a payment would not relieve the duty to pay for the consumed goods.
Amendment 208 #
2013/0264(COD)
Proposal for a directive
Recital 72 a (new)
Recital 72 a (new)
(72a) The security incidents reporting obligations are without prejudice to other incident reporting obligations set forth in other legislation, in particular the personal data breaches requirements set forth under data protection law (in Directive 2002/58/EC and in the proposed [General Data Protection Regulation...] and the security incidents notification requirements planned under the proposed [Directive on Network and Information Security].
Amendment 213 #
2013/0264(COD)
Proposal for a directive
Recital 80 a (new)
Recital 80 a (new)
(80a) In order for payment services to work smoothly and for the wider SEPA project to achieve its full potential, it is vital that all stakeholders and especially users, including consumers, are closely involved and can play a full role. While the establishment of the SEPA Governance Body represents a step forward to the governance of SEPA and further payment services, due to its improved representation of stakeholders, the decision-making on payment services is still biased towards the supply side and in particular European banks through the European Payments Council (EPC). Therefore, it is crucial that the Commission will review, inter alia, the composition of the EPC, the interaction between the EPC and an overarching governance structure, such as the EPA Council, and the role of this overarching structure. If the Commission assessment confirms the need for further initiatives to improve SEPA Governance, the Commission shall consider making proposals.
Amendment 219 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 224 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g – point vi
Article 3 – paragraph 1 – point g – point vi
Amendment 228 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
Amendment 233 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 249 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
21. ‘authentication’ means a procedure which allows the payment service provider to verify the identity of a user of a specific payment instrument, including the use of its personalised security features or the checking of personalised identity documents;
Amendment 257 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 24
Article 4 – paragraph 1 – point 24
24. ‘unique identifier’ means a combination of letters, numbers or symbols specified to the payment service user by the payment service provider and to be provided by the payment service user to identify unambiguously the other payment service user and/or the payment account and account owner of that other payment service user for a payment transaction;
Amendment 283 #
2013/0264(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
The payment institution’s own funds shall amount to at least the sum of the following elements multiplied by the scaling factor k defined in paragraph 2, where payment volume (PV) represents one twelfth of the total amount of payment transactions executed or initiated by the payment institution in the preceding year:
Amendment 296 #
2013/0264(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Any request for information or documents made by competent authorities of the Member States shall be motivated by formal decision, specifying the legal basis of the decision, the purpose of the request, what information is required and the time-limit of the provision and the retention of the information or the document.
Amendment 297 #
2013/0264(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The competent authorities of the different Member States shall cooperate with each other and, where appropriate, with the European Central Bank and the national central banks of the Member States, EBA and other relevant competent authorities designated under Union or national legislation applicable to payment service providers. In case these authorities are processing personal data, they should specify for which precise purpose and mention the appropriate Union legal basis.
Amendment 299 #
2013/0264(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3
Article 26 – paragraph 1 – subparagraph 3
Amendment 301 #
2013/0264(COD)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1
Article 26 – paragraph 2 – subparagraph 1
Amendment 302 #
2013/0264(COD)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
Amendment 303 #
2013/0264(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The competent authorities shall provide each other with all essential and/or relevant information, in particular in the case of infringements or suspected infringements by an agent, a branch or an entity to which activities are outsourced. In this regard, the competent authorities shall communicate, upon request, all relevant information and, on their own initiative, all essential information. In case of retention of personal data, the storage of personal data by competent authorities shall not exceed ten years. In any event, the storage of personal data shall comply with Directive 95/46/EC.
Amendment 304 #
2013/0264(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. EBA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation (EU) No 1093/2010 on the elements to be taken into consideration when deciding whether the activity the payment institution notified intends to provide in another Member State under paragraph 1 of this Article would amount to the exercise of the right of establishment or freedom to provide services. Those guidelines shall be issued by […within two year12 months of the date of entry into force of this Directive].
Amendment 309 #
2013/0264(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point b
Article 29 – paragraph 2 – subparagraph 1 – point b
Amendment 316 #
2013/0264(COD)
Proposal for a directive
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. Member States shall ensure that consumers who switch their payment account, upon request can receive the transactions carried out on the former payment account recorded on a durable medium from the transferring payment service provider for a reasonable fee.
Amendment 318 #
2013/0264(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States may stipulshall state that the burden of proof shallto lie with the payment service provider to prove that it has complied with the information requirements set out in this Title.
Amendment 320 #
2013/0264(COD)
Proposal for a directive
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. In cases of payment instruments which, according to the framework contract, concern only sindividualgle payment transactions that do not exceed a total of EUR 310 per month or that either have a spending limit of EUR 1500 per month or store funds that do not exceed EUR 150 at any time:
Amendment 323 #
2013/0264(COD)
Proposal for a directive
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
Where a third party payment service provider, at the request of the payer, initiates a payment order, it shall provide or make available to the payer and, where applicable, the payee, immediately after initiation, the following data in a clear and non-ambiguous manner:
Amendment 338 #
2013/0264(COD)
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Termination of a framework contract concluded for a fixed period exceeding 12 months or for an indefinite period shall be free of charge for the payment service user after the expiry of 12 months. In all other cases charges for the termination shall be appropriate and in line with costsshall be free of charge for the payment service user.
Amendment 341 #
2013/0264(COD)
Proposal for a directive
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) a reference enabling the payer to identify each payment transaction and, where appropriate, information relating torelating to the name and address of the payee;
Amendment 351 #
2013/0264(COD)
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 363 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The payment service provider shall not prevent the payee fromee shall not be authorised to requesting from the payer a charge, offering him a reduction or otherwise steering him towards the use of a given payment instrument. Any charges applied shall, however, not exceed the costs borne by the payee for using any means of payment. The payment service provider shall not prevent the payee from offering the payer a reduction for the use the specificof a given payment instrument providing it does not result in a reverse surcharge.
Amendment 370 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 381 #
2013/0264(COD)
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
Consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider. Consent may also be given directly or indirectly via the payee. Consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate the payment transaction with the account servicinge and the payment service provider.
Amendment 395 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
(a) to ensure that the third- party payment provider or other parties do not access the personalised security features of the payment service user are not accessible to other parties;
Amendment 398 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – point a a (new)
Article 58 – paragraph 2 – point a a (new)
(aa) Member States shall ensure that the personalised security features, used by the payment service user to access his online banking application, are not used to initiate payment orders through third party payment service providers. The account servicing payment service provider shall provide the payment service user with different personalised security features to be exclusively used for payment transactions initiated through third party payment service providers.
Amendment 404 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
(b) to authenticate itself in an unequivocal manner and according to Article 87 paragraph 2 towards the account servicing payment service provider(s) of the account owner.
Amendment 432 #
2013/0264(COD)
Proposal for a directive
Article 61 – paragraph 1 – introductory part
Article 61 – paragraph 1 – introductory part
1. The payment service user entitled to use a payment instrument shall have the following obligations:ould;
Amendment 433 #
2013/0264(COD)
Proposal for a directive
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
(a) to use the payment instrument in accordance with the objective, non- discriminatory and proportionate terms governing the issue and use of the payment instrument;
Amendment 434 #
2013/0264(COD)
Proposal for a directive
Article 61 – paragraph 1 – point b
Article 61 – paragraph 1 – point b
(b) to notify the payment service provider, or the entity specified by the latter or payment service provider, without undue delay on becoming aware of the loss, the theft or the misappropriation of the payment instrument or of itsthe unauthorised use.
Amendment 455 #
2013/0264(COD)
Proposal for a directive
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Member States shall ensure that, wWithout prejudice to Article 63, in the case of an unauthorised payment transaction, the payer's payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction on the same day it has been made aware of the transaction, and, where applicable, restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for the payer's payment account shall be no later than the date the amount had been debited.
Amendment 469 #
2013/0264(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
The payer shall bear all the losses relating to any unauthorised payment transactions if incurred by acting fraudulently or by failing to fulfil one or more of the obligations set out in Article 61 with intent or gross negligence. In such cases, the maximum amount referred to in paragraph 1 of this Article shall not apply. For payments via a distance communication where the payment service provider does not require strong customer authentication, the payer shall only bear any financial consequences where having acted fraudulently. Should the payee or the payment service provider of the payee fail to accept strong customer authentication, they shall refund the financial damage caused to the payer's payment service provider.
Amendment 472 #
2013/0264(COD)
Proposal for a directive
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
2a. In cases where the payer has neither acted fraudulently nor with intent failed to fulfil his obligations under Article 61, Member States may reduce the liability referred to in paragraphs 1 and 2 of this Article, taking into account, in particular, the nature of the personalised security features of the payment instrument and the circumstances under which it was lost, stolen or misappropriated.
Amendment 476 #
2013/0264(COD)
Proposal for a directive
Article 66 a (new)
Article 66 a (new)
Article 66 a Payment transactions where the transaction amount is not known in advance: 1. For payment transactions, where the transaction amount is not known at the moment of the purchase, Member States shall set the maximum amount of funds which may be blocked on the payer's payment account and maximum time limits for which the funds may be blocked by the payee. 2. The payee shall be required to inform the payer prior to the transaction if funds exceeding the amount of the purchase would be blocked on the payer's payment account. 3. If funds exceeding the amount of the purchase have been blocked on the payer's payment account, this information shall be provided to the payer by his payment services provider in the account statement.
Amendment 478 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – introductory part
Article 67 – paragraph 1 – subparagraph 1 – introductory part
Amendment 481 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point a
Article 67 – paragraph 1 – subparagraph 1 – point a
Amendment 484 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point b
Article 67 – paragraph 1 – subparagraph 1 – point b
Amendment 487 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 2
Article 67 – paragraph 1 – subparagraph 2
Amendment 499 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4
Article 67 – paragraph 1 – subparagraph 4
For direct debits the payer has an unconditional right for refund within the time limits set in Article 68, except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer. At the payment service provider's request, the payee shall bear the burden to prove that the conditions referred to in the third subparagraph.
Amendment 503 #
2013/0264(COD)
Proposal for a directive
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Amendment 507 #
2013/0264(COD)
Proposal for a directive
Article 69 – paragraph 1
Article 69 – paragraph 1
1. Member States shall ensure that the point in time of receipt is the time when the payment order initiated directly by the payer or on his behalf by a third party payment service provider or indirectly by or through a payee is received by the payer's payment service provider. The point in time of receipt cannot be later than the point in time of debiting the payer's account. If the point in time of receipt is not on a business day for the payer's payment service provider, the payment order shall be deemed to have been received on the following business day. The payment service provider may establish a cut-off time near the end of a business day beyond which any payment order received shall be deemed to have been received on the following business day.
Amendment 531 #
2013/0264(COD)
Proposal for a directive
Article 84 – paragraph 1 a (new)
Article 84 – paragraph 1 a (new)
In particular, any provider, agent, user processing personal data should only access, process and retain personal data that are necessary for the performance of its payments services.
Amendment 533 #
2013/0264(COD)
Proposal for a directive
Article 84 – paragraph 1 b (new)
Article 84 – paragraph 1 b (new)
The documents referred to in Article 5 point (j) should, among others, also specify the measures aimed to respect the principles of security and confidentiality and to implement the principle of privacy by design and privacy by default.
Amendment 544 #
2013/0264(COD)
Proposal for a directive
Article 85 – paragraph 4 a (new)
Article 85 – paragraph 4 a (new)
4a. Member States shall ensure that payment service providers regularly provide data on fraud related to different means of payment to national competent authorities and to EBA.
Amendment 568 #
2013/0264(COD)
Proposal for a directive
Article 89 – paragraph 3
Article 89 – paragraph 3
3. In the event of infringement or suspected infringement of the provisions of national law adopted pursuant to Titles III and IV, the competent authorities referred to in paragraph 1 of this Article shall be those of the homest Member State of the payment service provider, except for agents and branches conducted under the right of establishment where the competent authorities shall be those of the host Member State.
Amendment 573 #
2013/0264(COD)
Proposal for a directive
Article 91 – paragraph 1
Article 91 – paragraph 1
1. Member States shall ensure that independent, adequate and effective out- of-court complaint and redress procedures for the settlement of disputes between payment service users and payment service providers concerning the rights and obligations arising under this Directive are established according to the relevant national and Union legislation, using existing bodies where appropriate. Member States shall ensure that such procedures are applicable to payment service providers and that they also cover the activities of appointed representatives.
Amendment 575 #
2013/0264(COD)
Proposal for a directive
Article 91 – paragraph 1 a (new)
Article 91 – paragraph 1 a (new)
1a. Member States shall ensure that payment service providers adhere to one or more ADR bodies.
Amendment 578 #
2013/0264(COD)
Proposal for a directive
Article 92 – paragraph 2 a (new)
Article 92 – paragraph 2 a (new)
2a. EBA shall be in charge of issuing guidelines to ensure sanctions are effective, proportionate and dissuasive.
Amendment 586 #
2013/0264(COD)
Proposal for a directive
Title 5 a (new)
Title 5 a (new)
Amendment 591 #
2013/0264(COD)
Proposal for a directive
Annex 1 – point 7 a (new)
Annex 1 – point 7 a (new)
7a. Electronic money as defined in Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions.
Amendment 40 #
2013/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Regulation (EC) No 639/2004
Article 1a – paragraph 2
Article 1a – paragraph 2
2. By way of derogation from Article 13 of Regulation (EC) No 2371/2002, France shall be authorised to introduce new capacity in the fleet segments defined for fishing vessels which are between 8 and 12 meters in overall length and use longlines and fishing vessels which are less than 9 meters in overall length without the withdrawal of an equivalent capacity within the limits of the development plan referred to in the previous paragraph.
Amendment 45 #
2013/0191(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Regulation (EC) No 1224/2009
Article 2a – paragraph 1
Article 2a – paragraph 1
1. Until 31 December 2016, Article 5(3) and Articles 6, 8, 41, 56, 58 to 62, 66, 68 and 109 shall not apply to France in respect of fishing vessels which are less than 9 meters in overall length and operate from Mayotte, their activities and their catch.
Amendment 2 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 3
Paragraph 3
3. Notes that the assessment of the Commission and the European Central Bank (ECB) has taken place against the background of the global financial crisis which has affected the prospects for nominal convergence of many other Member States and has in particular triggered a significant cyclical downward shift of inflation rates;
Amendment 3 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes in particular that the global financial crisis has had an extremely severe and lasting impact in Latvia in terms of poverty, unemployment and demographic developments; urges the Latvian and European partners to implement stringent macroprudential standards aiming at avoiding unsustainable capital flows and credit growth trends experienced ahead of the crisis;
Amendment 4 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Notes that Latvia fulfils the criteria asin a resulcontext of determined, and credible and sustainable efforts by the Latvian Government and the Latvian people; points out that the overall sustainability of the macroeconomic and financial situation will depend on the implementation of balanced and far reaching reforms aiming at combining discipline with solidarity and long term sustainable investments not only in Latvia but also in the EMU as a whole;
Amendment 5 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 4a (new)
Paragraph 4a (new)
4a. Underlines in that respect the importance of making rapid progress in the implementation of the banking Union and of the other steps foreseen in the Commission blueprint for a genuine EMU;
Amendment 7 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 5
Paragraph 5
5. Notes that in its 2013 Convergence Report the ECB expressed some concerns with regard to the long-term sustainability of Latvia's economic convergence; considers that those concerns need to be taken seriously but that theyespecially if the current trends regarding inflation and financial flows are reversed; deems however that these concerns do not change the overall positive assessment on the adoption of the euro by Latvia on the basis of the current convergence criteria;
Amendment 8 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that the current convergence criteria are insufficient conditions to ensure the overall macroeconomic sustainability so as to allow a Member State to join the monetary union; asks the Commission to include in its assessment an explicit reference to new surveillance instruments and indicators created in the framework of the 'six-pack' and the 'two-pack';
Amendment 9 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Is of the opinion that any future Treaty reform should review these convergence criteria; calls on the Commission to present proposals to that effect in the framework of its forthcoming Treaty revision proposals foreseen in its blueprint for a genuine EMU;
Amendment 10 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 6
Paragraph 6
6. Calls on the Latvian Government to maintain and if appropriate recalibrate its prudent fiscal policy stance, together with its overall stability-oriented policies, anticipating potential future macroeconomic imbalances and risks to price stabilitycorrecting the imbalances indentified by the Commission in the framework of the alert mechanism report as well as risks to price stability, including a reduction of the level of energy dependency so as to avoid imported inflationary risks; calls on the Latvian government to enhance its efforts to reduce social imbalances and reach the EU 2020 national targets;
Amendment 13 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 7
Paragraph 7
7. CIs strongly concerned by the current low support for the adoption of the euro within the Latvian population; calls on the Latvian Government and authorities to communicate more actively with the Latvian people in order to ensure more public support for euro adoption; calls on the Latvian authorities to continue their information and communication campaign with the aim of reaching all Latvian citizens;
Amendment 14 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 8
Paragraph 8
8. Calls on the Latvian Government to address structural deficiencies in the labour market by appropriate structural and educational reforms; calls on the Latvian government in particular to address the level of poverty and the enlarging gap of income inequality, as well as to reinforce social automatic stabilisers;
Amendment 17 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 9
Paragraph 9
9. Acknowledges the stability of the Latvian banking sector during the present crisislast three years; points out however that the banking business model was seriously challenged during the first stage of the global financial crisis; underlines that a meltdown of the Latvian financial system was only avoided at that time by an EU- IMF bail-out; notes that Latvia has a long tradition in servicing non-resident banking clients; welcomes the exceptionally stringentrecent reforms aiming at reinforcing the regulation of Latvian banks active in the non-resident deposits (NRD) business; calls on the Latvian authorities to ensure that a strict supervision of those banks as well as adequate risk management measures are maintained;
Amendment 18 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Latvian government to review its 2011 tax reform (on trusts and holdings) so as to reintroduce a withholding tax on distribution of dividends to foreign investors; also calls on the government to adapt its tax system in the spirit of the European Council conclusions of 22 May 2013 with the explicit aim of reducing the levels of tax avoidance, harmful tax competition and aggressive tax planning; asks the Latvian government to strengthen its anti-money laundering regulation to the highest international standards and in full compliance with FATF recommendations;
Amendment 22 #
2013/0190(NLE)
Draft legislative resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Deplores the extremely narrow timeline set to the European Parliament for providing its opinion in accordance with Article 140 TFEU; asks the Commission and Member States planning to adopt the euro to foresee an appropriate timeline so as to allow the European Parliament to deliver an opinion on the basis of a more comprehensive and inclusive debate which would in particular include a proper involvement of social partners and of the civil society;
Amendment 26 #
2013/0045(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) In 2011, the Commission took note of a debate on-going at all levels on additional taxation of the financial sector. Theis debate originates from the desire to ensure that the financial sector fairly and substantially contributes to the costs of the crisis and that it is taxed in a fair way vis-à-vis other sectors for the future, to dis-incentivise excessively risky activities by financial institutions, to complement regulatory measures aimed at avoiding future crises and to generate additional revenue for general budgets or specific policy purposes, protection of global public goods such as forests, the climate or the oceans, cooperation with southern countries or specific policy purposes, particularly for ecological conversion.
Amendment 29 #
2013/0045(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) According to the European Council's conclusions of 8 February 2013 on the next Multiannual Financial Framework 2014-2020, part of the revenues from the FTT should be allocated to the Union budget as a genuine own resource. All or part of the amount of the own resources from the FTT should be additional to the national contributions of the Member States in order to devote new funding to European investment.
Amendment 42 #
2013/0045(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) The improvement of the operation of the internal market, in particular the avoidance of distortions between the participating Member States requires that a FTT applies to a broadly determined range of financial institutions and transactions, to trade in a wide range of financial instruments, including structured products, both in the organised markets and "over- the-counter", as well as to the conclusion of all derivative contracts, including contracts for differences (CFD) and currency spots on the foreign exchange market, and to material modifications of the operations concerned.
Amendment 46 #
2013/0045(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In each set of negotiations, the FTT should be regarded as a condition for, or an option associated with, financial assistance requested by Member States in difficulties.
Amendment 67 #
2013/0045(CNS)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to reduce as much as possible the risks of relocation to third jurisdictions and to establish equal competitive conditions, the Commission and the Council should propose worldwide application of the FTT in international fora (particularly the G20 and G8).
Amendment 74 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) the conclusion of derivatives contracts, including contracts for differences (CFD) and currency spots on the foreign exchange market, before netting or settlement;
Amendment 143 #
2013/0045(CNS)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – point b
Article 9 – paragraph 2 – subparagraph 2 – point b
(b) 0.01% in respect of financial transactions referred to in Article 7.
Amendment 146 #
2013/0045(CNS)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(2a) 0.1% in respect of cancelled transaction orders if the daily average of these cancellations is more than 15 times the number of transaction orders executed.
Amendment 147 #
2013/0045(CNS)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
(3a) Notwithstanding paragraph 3, participating Member States shall apply a higher rate to OTC financial transactions referred to in Articles 6 and 7.
Amendment 4 #
2012/2078(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that Member States sharing the euro need to furtherredouble their efforts to strengthen stability, efficiency and democratic accountability;
Amendment 13 #
2012/2078(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that part of the efforts made to mitigate the crisis, such as the adoption of the Six-Pack and the creation of the ESM, only concern the euro area Member States; takes the view that the ESM should be enshrined in the acquis communautaire;
Amendment 20 #
2012/2078(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the on-going creation of a single supervisory mechanism covering the euro area and open to all other EU Member States; stresses that establishing a European bank resolution mechanism is an indispensible step in setting up a genuine banking union;
Amendment 32 #
2012/2078(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s ‘Blueprint’; calls on the Commission to make legislative proposals as soon as possible under codecision for its implementation without delay;
Amendment 38 #
2012/2078(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the concept of ‘contractual agreements’ applicable only to individual Member States as referred to in the European Council conclusions of December 2012 risks creating legal uncertainty and a democratic deficit given the lack of transparent procedures;
Amendment 45 #
2012/2078(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the work on own resources should be substantially accelerated, as should that to set up a mechanism to deal with asymmetric shocks, as well as on labour mobility and a euro area budget, to make it an optimal currency area;
Amendment 51 #
2012/2078(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that Article 3.4 TEU states ‘the Union shall establish an economic and monetary union whose currency is the euro’, and Protocol 14 on the Eurogroup foresees ‘the need to lay down special provisions for enhanced dialogue between the Member States whose currency is the euro, pending the euro becoming the currency of all Member States’; if this supposedly transitory situation is to last, appropriate accountability fordebate forums and democratic oversight mechanisms in respect of the procedures, instruments and legal provisions pertaining exclusively to the current euro area and the Member States that committed to join must be developconsidered inside the European Parliament.
Amendment 36 #
2012/0344(NLE)
Proposal for a regulation
Recital 11
Recital 11
(11) In relation to aid for transport by rail, road and inland waterways, Article 93 of the Treaty states that aid meeting the needs of coordination of transport or representing reimbursement for the discharge of certain obligations inherent in the concept of a public service shall be compatible with the Treaties. Article 9 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road*1 currently exempts from the prior notification requirement laid down in Article 108(3) of the Treaty public service 1 OJ L 315, 3.12.2007, p.1. compensations for the operation of public passenger transport services or for complying with tariff obligations that are established through general rules and paid in accordance with Regulation (EC) No 1370/2007. In order to harmonize the approach to block exemption regulations in the field of State aid, and in accordance with the procedures foreseen in Articles 108(4) and 109 of the Treaty, aid for the coordination of transport or reimbursement for the discharge of certain obligations inherent in the concept of a public servSuch an exemption is appropriate and justified on the basis of provisions of articles 93 and 91 of the TFEU which provides for a legal basis for defining a compatibility framework for state aid in the transport sector. Moreover, the third recital of REGULATION (EC) No 1370/2007 points out that Article as referred to in A73 TEC (article 93 of TFEU) of the Treaty should be brought under the scope of Regulation (EC) No 994/98. Article 9 of Regulation (EC) No 1370/2007 should be therefore be deleted with effect from six months after the entry into force of a regulation adopted by the Commission concerning this category of State aidconstitutes a lex specialis in relation to Article 86(2) TEC (article 106.2). It establishes rules applicable to the compensation of public service obligations in inland transport.
Amendment 40 #
2012/0344(NLE)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The legal basis for this Regulation, Article 109 TFEU, provides only for consultation of Parliament, not for the ordinary legislative procedure in line with other areas of market integration and economic regulation further to the entry into force of the Lisbon Treaty. This democratic deficit cannot be tolerated in respect of proposals that concern the means of oversight by the Commission of decisions and acts by national and local elected authorities, in particular as regards services of general economic interest related to fundamental rights. This deficit should be corrected in any future Treaty change. The Commission blueprint for a deeper Economic and Monetary Union foresees proposals for a Treaty change by 2014. Such a proposal should include inter alia a specific proposal to transform non legislative acts adopted under article 109 into legislative acts adopted under the ordinary legislative procedure.
Amendment 52 #
2012/0344(NLE)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 994/98
Article 5
Article 5
(2a) Article 5 is replaced by the following: Article 5 Evaluation report Every two years the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation. The report shall in particular provide for a broad cost-benefit assessment of the block exemptions granted in accordance with this Regulation as well as a assessment of its contribution to the overall EU 2020 strategy flagship initiatives and the Innovation policy Horizon 2020. It shall submit a draft report for consideration by the Advisory Committee referred to in Article 7.
Amendment 57 #
2012/0344(NLE)
Proposal for a regulation
Article 2
Article 2
Regulation (EC) No 1370/2007
Article 9
Article 9
Amendment 18 #
2012/0342(NLE)
Recital 1 a (new)
(1a) The legal basis for this Regulation, Article 109 TFEU, provides only for consultation of Parliament, not for codecision in line with other areas of market integration and economic regulation further to the entry into force of the Lisbon Treaty. This democratic deficit cannot be tolerated in respect of proposals that concern the means of oversight by the Commission of decisions and acts by national and local elected authorities, in particular as regards services of general economic interest related to fundamental rights. This deficit should be corrected in any future Treaty change. The Commission blueprint for a deeper Economic and Monetary Union foresees proposals for a Treaty change by 2014. Such a proposal should include inter alia a specific proposal to transform non legislative acts adopted under article 109 into legislative acts adopted under the ordinary legislative procedure.
Amendment 46 #
2012/0342(NLE)
Article 1 – point 10 a (new)
Regulation (EC) No 659/1999
Article 20 b (new)
Article 20 b (new)
(10a) the following Article 20b is inserted: Article 20b The Commission shall report to the Council and the Parliament on the ex- post control and assessment of State Aid provided in accordance with the Treaties. The report shall include inter alia an assessment of the functioning of mechanisms such as monitoring trustings and conditional decision applied to the financial sector and other sectors having received substantial amounts of State Aid since 2008.
Amendment 97 #
2012/0179(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Union notes in particular paragraphs 83(a) of UNGA Resolution 61/105 and paragraphs 119(a) and 120 of UNGA Resolution 64/72 calling on flag States to not authorize bottom fishing activities until these resolutions have been fully implemented, including the requirement to assess, on the basis of the best available scientific information, whether individual bottom fishing activities would have significant adverse impacts on vulnerable marine ecosystems.
Amendment 102 #
2012/0179(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The capacity of vessels with deep-sea fishing permits has been limited since 2002 to the aggregate capacity of all the vessels that caught more than 10 tonnes of any mixture of deep sea species in any of the years 1998, 1999 or 2000. The Commission evaluation concluded that this capacity ceiling had no substantial positive effect. Given the past experience and the lack of accurate data in many deep sea fisheries, it is inadequate to manage these fisheries by means of effort limits only.
Amendment 111 #
2012/0179(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Deep-sea fishing with bottom trawls carry the highest risk for vulnerable marine ecosystems among the different gears used and reports the highest rates of undesired catch of deep-sea species. Bottom trawls should therefore be permanently prohibited from the targeting of deep-sea species. . EU Council Regulation 1568/2005 already prohibits bottom trawling and gillnetting below 200 meters around the Azores, Canarias and Madeira. EU Regulation 1343/2011 prohibits the use of towed dredges and trawl nets at depths beyond 1,000 meters in the Mediterranean Sea. The Commission for the Conservation of Antarctic Marine Living Resources has prohibited the use of bottom trawling and gillnetting in all the high seas areas of its regulatory area.
Amendment 119 #
2012/0179(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Bottom-set gillnets are currently restricted in entering deep-sea fisheries by Council Regulation (EC) No 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011. In view of the high rates of undesired catch when they were deployed unsustainably in deep waters, and in view of the ecological impact of lost and abandoned gear, this gear should also be permanently prohibited from the targeting of deep-sea species. NEAFC Recommendation 3/2006 also prohibits bottom gillnetting below 200 meters in its regulatory area.
Amendment 131 #
2012/0179(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Vessels targeting deep-sea species with other bottom gear should not extend their range of operation according to their authorisation within Union watersfrom that in the period 2009-2011, unless such expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems. Impact assessments carried out to that effect must conform to the requirements referred to in paragraph 47 of the 2008 FAO Guidelines for the Management of Deep Sea Fisheries.
Amendment 138 #
2012/0179(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Given the mixed nature of most deep sea fisheries, fishing opportunities for deep sea fishing should be established in a way that ensures the long term conservation of the most vulnerable species caught in the fisheries involved.
Amendment 140 #
2012/0179(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Scientific advice further indicates that fishing effort limits are an appropriate instrumentGiven the lack of accurate data in most deep sea fisheries and the mixed nature of most of them, fishing effort limits should only be used in combination with catch limits for fixing fishing opportunities for deep-sea fisheries. In view of the large variety of gears and fishing patterns present in deep-sea fisheries, and the need to develop accompanying measures tackling the environmentally weak points of the fisheries individually, fishing effort limits should only replace catch limits when it can be ensured that they arneed to be adapted to specific fisheries.
Amendment 141 #
2012/0179(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
Amendment 143 #
2012/0179(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Holders of a fishing authorisation allowing for the catch of deep-sea species should lose their authorisation as far as the catching of deep-sea species is concerned if they do not comply with relevant management and conservation measures as well as with the reporting requirements of this regulation, in particular those related to the protection of vulnerable marine ecosystems.
Amendment 144 #
2012/0179(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) While there has been progress in the implementation of the relevant provisions of UNGA Resolutions 61/105 and 64/72 by NEAFC, such provisions have not been fully implemented yet. Assessments carried out by ICES of NEAFC conservation and management measures have identified areas of concern. In addition, NEAFC has failed to implement some ICES recommendations, including the closure of several areas where vulnerable marine ecosystems had been identified. It is therefore necessary that the Union ensures that the objectives of the new common fisheries policy and the provisions of UNGA resolutions relevant to deep sea fisheries are fully implemented and are not limited to the implementation of NEAFC conservation and management measures.
Amendment 145 #
2012/0179(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU to modify the conditions under which fishing activities are considered as deep sea fishing, in order to take into account varying exploitation patterns by the Member States and new scientific information on the stock structure and distribution of deep sea species as well as on areas where vulnerable marine ecosystems are known or likely to occur. The same powers should be granted to the Commission to modify the conditions for landing and transhipment allowances for vessels not holding a deep sea fishing authorisation where this is necessary to take into account varying exploitation patterns in the Member States, to review bottom fisheries impact assessments required under this regulation, and to specify measures accompanying annual effort limits if Member States fail to take them or if the measures they adopt are deemed not to be compatible with the objectives of this regulation or insufficient in respect of the aims indicated in this regulation.
Amendment 147 #
2012/0179(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU, which may be necessary to amend or supplement non-essential elements of this Regulation in cases of absence or insufficiency of the accompanying measures adopted by the Member States and linked to annual effort limits, when these areplace used in combination with catch limits.
Amendment 148 #
2012/0179(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) to ensure the sustainable management and exploitation of deep-sea specfisheries while minimising the impact of deep-sea fishing activities on the marine environment;
Amendment 150 #
2012/0179(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) to prevent significant adverse impacts on vulnerable marine ecosystems and ensure the long-term conservation of deep sea fish stocks;
Amendment 151 #
2012/0179(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) to implement the provisions of United Nations General Assembly resolutions relevant to the protection of deep sea ecosystems, in particular Resolutions 61/105 and 64/72.
Amendment 155 #
2012/0179(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) international waters of the CECAF areas 34.1.1, 34.1.2 and 34.2Regulatory Area and
Amendment 165 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) ‘'most vulnerable species’' means the deep-sea species indicatthat qualify as vulnerable, endangered or critically endangered under the IUCN Red List criteria, rare species or species which a scientific advisory body has determined as highly susceptible to depletion or for which the scientific advisory body has recommended minimal or zero by catch. All those species shall be included in the third column ‘'Most vulnerable (x)’' of the table in Annex I. All species of deep-sea sharks shall fall under this category";
Amendment 173 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point j a (new)
Article 3 – paragraph 2 – point j a (new)
(ja) 'precautionary approach to fisheries management', means an approach which follows the requirements of Article 6 of the UN Fish Stocks Agreement, according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non- target species and their environment
Amendment 178 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall review the list of deep-sea species in annex I, including the designation of most vulnerable species, every two years. The Commission shall be empowered to adopt delegated acts, in accordance with Article 20, to amend the list based on new available scientific information from Member States, from the scientific advisory body and from other relevant sources of information, including the IUCN Red List Assessments.
Amendment 189 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the vessel's master records in the logbook a percentage of deep-sea species equal or superior to 10% of the overall catch weight in theduring any fishing day concerned., or fishing activities which lead to catches and retention on board of more than 10 tonnes of deep-sea species each calendar year, or
Amendment 191 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) the vessel deploys bottom gear at depths equal to or below 200 metres.
Amendment 193 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Fishing authorisations referred to in paragraph 1 for vessels using bottom trawls or bottom-set gillnets shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea species with bottom trawls or bottom-set gillnets shall neither be issued nor renewed.
Amendment 197 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Notwithstanding paragraphs 1 and 3, fishing vessels may catch, retain on board, tranship or land any quantity of deep-sea species without a fishing authorisation, if that quantity is below a threshold set at 100 kg of any mixture of deep-sea species per fishing trip. All such catches of deep sea species shall be duly recorded in the vessel's logbook.
Amendment 199 #
2012/0179(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the catch of deep-sea species, whether as target or by-catch species, shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during any of the two calendar years preceding the entry into force of this Regulation, whichever year provides the higher figurethe period 2009-2011.
Amendment 201 #
2012/0179(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall ensure that in conducting the annual capacity assessments called for in Article x of Council and Parliament Regulation (EU) No xxx/2013 of xxx 2013 on the common fisheries policy the impact of their fleets on deep sea stocks not subject to catch limits is duly taken into account. The capacity assessments for all fleets subject to a special fishing authorisation granted under Articles 4(1) and 4(3) of this regulation shall clearly indicate whether fishing mortality exerted by these fleets on stocks included in Annex I of this regulation is in line with recommended mortality levels for those stocks according to the best available scientific advice.
Amendment 204 #
2012/0179(COD)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
Where the capacity assessments referred to in article 1a indicate the fishing mortality on deep sea stocks is above recommended levels, the Member State concerned shall prepare and include in the report an action plan for the affected fleet segment in order to ensure that the fishing mortality exerted on the stocks concerned is consistent with the objectives of article 10 of this regulation.
Amendment 206 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by- catch species, and for its renewal shall be accompanied by a fishing plan containing a description of the area where it is intended to conduct fishing activities, the type of gears, the depth range at which the activities will be deployed, and of the individual species targeted, as detailed in Article 7(1).
Amendment 209 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Fishing authorisations shall be renewed annually. Two years after the entry into force of this Regulation, fishing authorisations for vessels using bottom trawls or bottom-set gillnets shall not be issued nor renewed.
Amendment 210 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
From 1 January 2015 no fishing authorisation granted following Articles 4(1) and 4(3) of this regulation shall be issued for deep sea species in an area where either a Member State or a scientific advisory body has not conducted an impact assessment in accordance with the criteria laid down in Annex IIa to this Regulation which has concluded that such activities are not likely to have significant adverse impacts on vulnerable marine ecosystems. The impact assessments should be made publicly available.
Amendment 211 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
The impact assessments referred to in paragraph 1b shall be reviewed by a scientific advisory body. The Commission can make, or require to make, adjustments or improvements to the assessment based on any recommendations of the scientific advisory body. The Commission shall also review all assessments to take into account individual, collective and cumulative impacts, and make or require adjustments or improvements to the individual impact assessments.
Amendment 212 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
For the purposes of the implementation of the assessment referred to in paragraph 1b, the Member States and the scientific advisory body shall rely on the best scientific and technical information available concerning the location of vulnerable marine ecosystems in the areas in which the fishing vessels concerned intend to operate. That information shall include, where available, scientific data on the basis of which the likelihood of occurrence of such ecosystems can be estimated. The assessment process shall include appropriate elements of independent scientific peer review.
Amendment 213 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
Council Regulation (EC) No 734/2008
Article 4, paragraph 4
Article 4, paragraph 4
The competent authorities shall apply precautionary criteria in the conduct of the assessment referred to in paragraph 1b. In case of doubt as to whether the adverse impacts are significant or not, they shall consider that the likely adverse impacts resulting from the scientific advice provided are significant.
Amendment 215 #
2012/0179(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 217 #
2012/0179(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6b Move-on rule 1. Member States shall require that vessels flying their flag which, in the course of fishing operations, encounter evidence of vulnerable marine ecosystems (VMEs), immediately report the encounter, including the location, and the type of ecosystem in question, to the relevant authorities of the Member State. The Member State shall immediately inform the Commission of the encounter and the Commission shall inform all Member States of the area of the encounter and the management measures established in respect of the area consistent with this Article. 2. The presence of any vulnerable marine ecosystem indicator species bought up in the fishing gear shall constitute evidence of an encounter with a vulnerable marine ecosystem. 3. Following the encounter of a vulnerable marine ecosystem by a Union fishing vessel, a scientific body shall assess the area in a timely manner to determine whether VMEs are present or likely to occur in the area. Based on the outcome of the assessment, appropriate management measures shall be established to prevent significant adverse impacts on VMEs from bottom fishing in the area, including restrictions on the use of fixed as well as towed gears if warranted. 4. When the encounter with VMEs has been reported by a vessel using towed gears, an immediate cessation of bottom fishing in the area of the encounter shall be established. The area shall be subsequently closed to bottom fishing with towed gear by all vessels until an assessment following paragraph 3 has been carried out. 5. Vessels using towed gears shall carry 100% observer coverage to monitor and collect information on VME encounters, the catch and bycatch of deep-sea species, and other information necessary to ensure the effective implementation of this Regulation. Fixed gear vessels shall carry 10% observer coverage. 6. The Commission shall be empowered to establish rules on the extent of the area around the encounter to be assessed or on the extent of the area where fishing activities must cease consistent with paragraphs 3 and 4 of this article by means of delegated acts in accordance with Article 20.
Amendment 218 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In addition to the requirements set out in Article 6, each application for a fishing authorisation for targeted deep sea fisheries, as referred to in Article 4(1) bellow 200 meters, that allows the use of bottom gears in Union waters as referred to in Article 2(a), shall be accompanied by a publicly available detailed fishing plan specifying:
Amendment 225 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the locations, if any, of activities in the deep-sea métier during the last three full calendar yearsperiod 2009 - 2011. Those location(s) shall be defined by coordinates in accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible.
Amendment 228 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) the targeted species;
Amendment 231 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b b (new)
Article 7 – paragraph 1 – point b b (new)
(bb) the type of gears and the depth at which they will be deployed, and
Amendment 232 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b c (new)
Article 7 – paragraph 1 – point b c (new)
(bc) the configuration of the bathymetric profile of the seabed in the intended fishing grounds, where this information is not already available to the competent authorities of the Flag State concerned
Amendment 233 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Prior to granting an application Member States shall verify through the VMS record of such vessels that the information submitted following paragraph 1(b) is accurate. If the information provided under paragraph 1(b) does not match that in the VMS record the application shall not be granted.
Amendment 235 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. The special fishing permit provided for in Articles 4(1) and 4(3) shall make it explicit that fishing activities carried out under it must conform to the fishing plan submitted in accordance with paragraph 1 at all times.
Amendment 236 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
1c. Where circumstances beyond the control of the person responsible for the vessel's operations necessitate an alteration of the submitted plans, the person responsible for the vessel's operations shall inform the competent authorities without delay, indicating the modifications intended to the original plan. The competent authorities shall examine such alterations and shall not authorise them if they entail a relocation of the activities to areas where vulnerable marine ecosystem occur or are likely to occur.
Amendment 237 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 d (new)
Article 7 – paragraph 1 d (new)
1d. Failure to conform to the fishing plan provided for in paragraph 1 in circumstances other than those specified in paragraph 1c of this Article shall entail the withdrawal by the flag State of the special fishing permit issued to the fishing vessel concerned
Amendment 239 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the characteristics, type and dimensions of the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on best available scientific advice, that such extension would not have significant adverse impacts on vulnerable marine ecosystems. This assessment shall be conducted in accordance with Annex IIa and the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas and shall be made publicly available. The Commission, in consultation with the Member State and the scientific advisory body, shall review this assessment to ensure that all areas where VMEs are known or likely to occur have been identified and that the proposed mitigation and management measures are sufficient to prevent significant adverse impacts on vulnerable marine ecosystems.
Amendment 247 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 249 #
2012/0179(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Expiry of deep-sea fishing authorisations targeting deep-sea species for vessels using bottom trawls or bottom- set gillnets
Amendment 257 #
2012/0179(COD)
Proposal for a regulation
Article 9
Article 9
Fishing authorisations referred to in Article 4(1) for vessels using bottom trawls or bottom-set gillnets bellow 200 meters shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea species with those gears shall neither be issued nor renewed.
Amendment 262 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Fishing opportunities shall be fixed at a rate of exploitation of the deep-sea species concerned that is consistent withensures that populations of deep-sea species are maintained or restored above levels which can produce maximum sustainable yield.
Amendment 265 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Where, based on best scientific information available, it is not possible to identify exploitation rates consistent with maximum sustainable yieldparagraph 1, the fishing opportunities shall be fixed as follows:
Amendment 266 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) where the best scientific information available identifies exploitation rates corresponding to the precautionary approach to fisheries managementwhich ensure with high probability that the stocks concerned will be kept above safe biological limits, the fishing opportunities for the relevant fishing management period may not be fixed higher than those rates;
Amendment 270 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries managementwhich ensure with high probability that the stocks concerned will be kept above safe biological limits due to lack of sufficient data concerning a certain stock or species, no fishing opportunities may be allocated for the fisheries concerned.
Amendment 271 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Fishing opportunities set for deep sea species shall take into account the probable composition of the catch in these fisheries and shall ensure the long term sustainability of all harvested species.
Amendment 272 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. When allocating the fishing opportunities for deep-sea species available to them Member States shall use transparent and objective criteria that shall include, inter alia: (a) selectivity of fishing methods, gears and practices with low by-catch and low impact on the marine ecosystem, with a particular focus on most vulnerable species and vulnerable marine ecosystems; (b) record of compliance with the rules of the Common Fisheries Policy and EU environmental requirements and with respecting catch and/or fishing effort limits designated by scientific advice; (c) quality employment (d) fuel emissions and energy efficiency of the fishing operation; and (e) use of video surveillance or an equivalent electronic monitoring equipment, (f) working conditions that comply with relevant international standards, notably the 2007 ILO Work in Fishing Convention.
Amendment 274 #
2012/0179(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Obligation to land all catches 1. By way derogation of Article 15 of Council and Parliament Regulation (EU) No xxx/2013 of xxx 2013 on the common fisheries policy all catches of fish and non-fish species, irrespective of whether they are subject to catch limits or not, made by a fishing vessel holding an authorisation to catch deep-sea species granted under Articles 4(1) or 4(3) of this regulation shall be brought and retained on board, recorded in the logbook and landed. The de minimis provisions will not apply to such vessels.
Amendment 275 #
2012/0179(COD)
Proposal for a regulation
Chapter 3 – section 2 – title
Chapter 3 – section 2 – title
Amendment 276 #
2012/0179(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Fishing opportunities by means of fishing effort limits only
Amendment 277 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Council, acting in accordance with the Treaty, may decide to switch from the fixing of annual fishing opportunities forset effort limits in deep- sea specfisheries in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheriesorder to ensure that annual catch limits established for deep- sea species are fully complied with.
Amendment 279 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. For the purposes of paragraph 1, the fishing effort levels for each deep-sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in Article 10 shall be the fishing effort levels assessed, based on scientific information, as consistent with the catches made by the relevant deep-sea métiers during the previous two calendar yearsrates of exploitation established in accordance with article 10.
Amendment 282 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Fishing effort limits set for deep sea species shall take into account the probable composition of the catch in these fisheries and shall ensure the long term sustainability of all harvested species.
Amendment 283 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) the specific deep-sea métier to which the fishing effort limit applies by reference to the regulated gear, the species targetedtype and amount of gear, the species and specific stocks targeted, the depth, and the ICES zones or CECAF areas within which the allowed effort may be deployed; and
Amendment 284 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) the fishing effort unit or combination of units to be used for management.
Amendment 285 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b a (new)
Article 11 – paragraph 3 – point b a (new)
(ba) methods and protocols for the monitoring and reporting of effort levels during a management period.
Amendment 287 #
2012/0179(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where annual fishing effort limits have replaced catch limits in accordance with Article 11(1), Member States shall maintain or put in place, in respect of their flagged vessels the following accompanying measures:
Amendment 288 #
2012/0179(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) measures to avoid an increase of the overall catching capacity of the vessels concerned by the effort limits established following article 11.
Amendment 289 #
2012/0179(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) measures to avoid an increase in by- catchesprevent by-catches in deep sea fisheries, of most vulnerable species in particular; and
Amendment 290 #
2012/0179(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) conditions for effective discard prevention. Those conditions shall aim at lanavoiding all fish taken on board, unless this would be contrary to the rules in forthe catch of unwanted species in the first place uander the Common Fisheries Policy require the landing of all fish taken on board.
Amendment 291 #
2012/0179(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission shall assess the effectiveness of the accompanying measures adopted by Member States upon their adoption, as well as annually thereof.
Amendment 293 #
2012/0179(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) if the Member State concerned does not notify to the Commission any measures adopted pursuant to Article 12 within three months after the date of entry into force of the fishing effort limitsis regulation.
Amendment 306 #
2012/0179(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Member States shall establish a programme of observer coverage to ensure the collection of reliable, timely and accurate data on the catch and bycatch of deep-sea species, encounters with vulnerable marine ecosystems and other relevant information for the effective implementation of the provisions of this regulation. Vessels using bottom trawls or botom-set gillnets with a fishing authorisation to catch deep-sea species, whether as target or by-catch shall carry 100% observer coverage. The rest of the vessels with an authorisation to catch deep-sea species shall carry 10% observer coverage.
Amendment 312 #
2012/0179(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Observers 1. Member States shall establish a programme of observer coverage to collect relevant, timely and accurate data on the catch and by-catch of deep-sea species, encounters with vulnerable marine ecosystems and other relevant information to ensure the effective implementation of the provisions of this regulation. Vessels using bottom trawls and bottom gillnets holding a fishing permit provided for in Article 4 shall carry 100% observer coverage. Vessels using other gears shall carry 10% observer coverage. 2. The observer shall: (a) record independently, in the same format as that used in the vessel's logbook, the catch information prescribed in Council Regulation (EC) No 1224/2009 of 20 November 1993 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy; (b) record any instances of alteration of the fishing plan as referred to in Article 7(1); (c) document any unforeseen encounters with vulnerable marine ecosystems referred to in Article 6b, including the gathering of information that may be of use in relation to the protection of the site; (d) record depths at which gear is deployed; (e) present a report to the competent authorities of the Member State concerned within 20 days following the termination of the observation period. A copy of this report shall be sent to the Commission, within 30 days following receipt of a written request. 3. The observer shall not be any of the following: (a) a relative of the master of the vessel or other officer serving on the vessel to which the observer is assigned; (b) an employee of the master of the vessel to which he is assigned; (c) an employee of the master's representative; (d) an employee of a company controlled by the master or his representative; (e) a relative of the master's representative.
Amendment 178 #
2012/0029(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The requirement that the settlement of the cash leg of the securities transaction be carried out by a separate legal entity acting as settlement agent is an important measure to increase the safety and resilience of CSDs. Such a separation between core services of CSDs and banking services ancillary to settlement appears indeed indispensible for eliminating any danger of transmission of the risks from the banking services, such as credit and liquidity risks, to the provision of core services of CSDs. There are no less intrusive measures available for eliminating those credit and liquidity risks in order to ensure the envisaged level of safety and resilience of CSDs. However, in order to secure the efficiencies resulting from the provision of both CSD and banking services within the same group of undertakings, the requirement that banking services be carried out by a separate credit institution should not prevent that credit institution from belonging to the same group of undertakings as the CSD. If both CSD and banking services are provided within the same group of undertakings, in order to increase the safety and efficiency of the services provided, the activities of the credit institution providing banking services should be limited to the provision of banking services ancillary to settlement. Furthermore, a derogation to the obligation to separate banking services ancillary to settlement from core CSD services should be available in the absence of any danger of transmission of credit and liquidity risks from the banking services to the provision ofAt the same time, this restriction on credit institutions must be strictly regulated so as to prevent CSDs’ being exposed to the failure of a credit institution the activities of which do not support settlement operations, i.e. being in effect indirectly exposed to the risks taken by the credit institution. CSDs must therefore be able to interact with banks that are licensed only for activities in support of settlement operations. Furthermore, in order to permit CSD restructuring, there should be provision for temporary derogation from the requirement that banking services ancillary to settlement be separated from CSD core services of CSDs. In order to ensure a consistent application of the possibility to derogate from the obligation on CSDs not to provide any banking type of ancillary services, the Commission should be empowered to decide, at the request of a national competent authority, whether any such derogation is permitted in view of the absence of systemic risk incurred by the provision of both CSD core and banking services by the same legal entity. In any case, the activities of a CSD benefiting from any such temporary derogation and authorised as a credit institution should be limited exclusively to the provision of banking services ancillary to settlement.
Amendment 207 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘central securities depository’ ('‘CSD'’) means a legal person that operates a securities settlement system listed in point 3 of Section A of the Annex and performs at least one other core service listed in Section A of the Annex;
Amendment 234 #
2012/0029(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31a) ‘limited-purpose settlement bank’ means a licensed credit institution as defined in the Capital Requirements Directive (CRD), which provides banking- type ancillary services as defined in Section C of the Annex to this Regulation.
Amendment 243 #
2012/0029(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any companlegal entity that issues transferable securities or units in collective investment undertakings as defined in Article 2(25) which are admitted to trading on regulated markets or traded in trading venues shall arrange for such securities to be represented in book-entry form as immobilisation through the issuance of a global note, which represents the whole issue, or subsequent to a direct issuance of the securities into a dematerialised form.
Amendment 249 #
2012/0029(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The authorities of the Member State where the companlegal entity that issues securities is established shall be competent for ensuring that Article 3(1) is applied.
Amendment 259 #
2012/0029(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. As regards the transferable securities and units in collective investment undertakings referred to in paragraph 1 which are traded on regulated markets, MTFs or OTFs, the intended settlement date shall be no later than on the second business day after the trading takes place.
Amendment 446 #
2012/0029(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For each securities settlement system it operates a CSD shall keep records and accounts that shall enable it, at any time and without delay, to distinguish to segregate in the accounts with the CSD the securities of any one participant from the securities of any other participant and, if applicable, from the CSD’s own assets.
Amendment 451 #
2012/0029(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. A CSD shall offer to keep records and accounts enabling a participant to distinguishsegregate the securities of each of that participant’s clients, if and as required by that participant (‘individual client segregation’).
Amendment 484 #
2012/0029(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
ESMA shall develop in consultation with the ERSB and the members of the ESCB draft regulatory technical standards to specify the capital, retained earnings and reserves of a CSD referred to in paragraph 1 and the features of the plan referred to in paragraph 2.
Amendment 498 #
2012/0029(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. AWithout prejudice to Articles 2, 9 and 10 of Directive 98/26/EC, any question with respect to proprietary aspects in relation to financial instruments held by a CSD shall be governed by the law of the country where the account is maintained. The account shall be considered to be maintained in the country in which the CDS has its habitual residence, in accordance with Article 19 of Regulation (EC) No 593/2008 of the European Parliament and of the Council.
Amendment 500 #
2012/0029(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where the account is used for settlement in a securities settlement systemcase-law of the Member State in which the account is maintained differs from the case-law regulating the settlement system, and where the settlement system has been designated in accordance with Article 2 of Directive 98/26/EC, the applicable case-law shall be the one governing that securitiesregulating said settlement system.
Amendment 502 #
2012/0029(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 540 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1
Article 52 – paragraph 2 – subparagraph 1
Amendment 542 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 2
Article 52 – paragraph 2 – subparagraph 2
Amendment 547 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 3
Article 52 – paragraph 2 – subparagraph 3
Amendment 571 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The authorisation referred to in paragraph 3 shall cover the ancillary services set out in Section C of the Annex that the designated credit institution or a CSD that has been granted a derogation under paragraph 2 of this ArticleArticle 67(4) (new) of this Regulation may want to provide for its participants.
Amendment 579 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Whenever the CSD and the designated credit institution belong to a group of undertakings ultimately controlled by the same parent undertaking, the authorisation as provided in Title II of Directive 2006/48/EC of such designated credit institution shall be limited exclusively to the provision of the banking type of ancillary services that it is authorised to provide in accordance with paragraph 3 of this Article. The same requirement applies in respect of a CSD that has been granted a derogation under paragraph 2 of this ArticleArticle 67(4) (new) of this Regulation.
Amendment 612 #
2012/0029(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. A credit institution designated to provide banking type of ancillary services shall be a limited-purpose settlement bank, as defined in Article 2(1)(31a) (new) and provide the services set out in Section C of the Annex that are covered by the authorisation.
Amendment 643 #
2012/0029(COD)
Proposal for a regulation
Article 67 – paragraph 4 a (new)
Article 67 – paragraph 4 a (new)
Amendment 15 #
2011/2292(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the specific characteristics of small-scale fishing are not duly taken into account in the proposal formust be included in the CFP rReform tabled by the European Commission and whereas this proposal does not offer an adequate, sufficient or necessaryand the criteria underlying that reform should encourage appropriate responses to the problems currently faced byspecific problems of small- scale fishing;
Amendment 60 #
2011/2292(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, within the CFP reform process, small-scale fishing should be the subject of differentiatedspecific treatment, with management systems and models adapted to its specific characteristics and problems;
Amendment 75 #
2011/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Rejects a definition of small-scale fishing that is restrictive and detached from the reality of fisheries management; considers that the definition of small-scale fishing should cover a range of criteria, in addition to the strict boat-size criterion, including, inter alia, the impact of fishing techniques on the marine ecosystem, time spent at sea and the characteristics of the economic unit exploiting the resources; such characteristics are best defined at regional, national and local levels, and require that standards set at EU level provide for sufficient flexibility for their application at the appropriate level;
Amendment 92 #
2011/2292(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that local co-management, that is based on scientificcombining scientific and local knowledge and that involves the sector and its organisations in setting out and implementing policy, is the management type that best meets the needs of small- scale fishing;
Amendment 136 #
2011/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to work with the Member States to improve the definition of small-scale fishing in the EU for the purposes of fisheries management;
Amendment 158 #
2011/2292(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
– renewal and modernisation of fleets with a view to making themmaking conditions on board boats safer, and more economically and environmentally sustainable (selection of techniques, energy efficiency, etc.) without increasing their fishing capacity;
Amendment 6 #
2011/2291(INI)
Motion for a resolution
Recital E
Recital E
Amendment 10 #
2011/2291(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to provide for the establishment of long-term management plans for all EU fisheries; highlights the possibility of grouping fisheries according to geographical fishing regions whereby the specificities of the different European seas should be taken into account and a separate regime should apply toregime conducive to fishing by fishermen using environmentally and socially sustainable practices should apply, which would guarantee the permanence of small-scale coastal fisheries; believes that there should be a possibility for investments in new landing sites, which will have to be controlled to prevent the expansion of fishing capacity, and start-up packages in order to secure a new generation of fishermen entering into small-scale fisheries;
Amendment 24 #
2011/2291(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for a balance between the ecological and the economic and social situation in each fishery, while acknowledging that without plentiful fish stocks, there will be no profitable fishing industry, and emphasises that it is very important that European fishermen accept harvest control rules, and therefore calls for wide participation by representatives of Regional Advisory Councils (RACs) and other relevant stakeholders when establishing management plans; considers that in the future RACthese parties should play a much greater role in this process;
Amendment 27 #
2011/2291(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the direct link between discards, unwanted by-catch and overfishing, and the need to develop an efficient no-discards policy at EU level whereby the Community Fisheries Control Agency (CFCA) should have greater powers to ensure a fair system of rules and sanctions, i.e. the principle of equal treatment; argues that a discard ban should be fishery-based and not relate to different fish stocks; stresses that selected fishing gear and other devices which reduce or eliminate by-catches of non-targeted species, or of juveniles of targeted species, as well as other sustainable fishing methods, should be promotedrequired as a stipulation for the right to fish; underlines the importance of addressing the management of mixed fisheries to this end;
Amendment 38 #
2011/2291(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to address immediately the issue of the lack of reliable and available data necessary for sound scientific advice; calls on the Commission to establish a system whereby Member States which do not fulfil their data collection and transmission obligations are sanctioned; stresses that adequate financial means have to be allocated to relevant scientific research in the Member States; urges the Commission at the same time to set up a framework for decision-making in data-poor situations, both regarding management plans and TACs and quota decisions, based on the precautionary approach — the less data there is, the more the TACs and quotas will have to be reduced;
Amendment 45 #
2011/2291(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 48 #
2011/2291(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to establish a definition of overcapacity at EU level accommodating regional definitions, where local specificities are taken into account; further calls on the Commission to redefine fishing capacity in such a way that both the vessel’s fishing capacity and its actual fishing effort are taken as a basis; stresses moreover the necessity to define small- scale fisheries in order to dissociate them from industrial fisheries, while recognising that there is no universally applicable definition;
Amendment 53 #
2011/2291(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to measure, based on the recommendations of the FAO Technical Consultation (1999), and before the end of 2013, the capacity of European fleets in order to establish where there is overcapacity in relation to the resources available and what reductions/conversions are required; insists that the capacity measures should not be restricted to tonnage and engine power, but that they should include the types and quantities of fishing gear used and any other parameter contributing to the fishing capacity;
Amendment 66 #
2011/2291(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognisejects the Commission’s proposal to introduce a system of individually transferable fishing concessions (TFCs), subject to strict safeguards, providing a special regime for small-scale and coastal fisheries as well as prefer; considers that Member States should allocate fishing opportunities according to environmential treatment for ecologically-friendly fishing vessels, and addressing the issue of rights concentration and the possibility of revoking fishing concessions; believand social criteria such as, among others, selectivity, the quality of fish produced, CO2 emissions, the jobs generated, so as to ensure that fishing contributes, therefore, that a Member State should be exempted from the obligation to introduce TFCs if its fishing capacity is within the set ceiling or if the Member State in question can prove that it can achieve the necessary capacity reduction without using a TFC systemo the coastal economies, preserves stocks and is not harmful to the marine environment; underlines that the system of TFCs is not an instrument for managing capacity or tackling overfishing, but a questionable economic mechanism for allocating access to the resources;
Amendment 81 #
2011/2291(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises the need for clear deadlines for fleet reductions and conversions, and pace targets, and urges the Commission to provide for a scheme of measures to sanction Member States which do not fulfil their respective obligations within the set timelines and to further develop the concept of ecological and social conditionality in the context of access to fishing resources and remuneration which rewards sustainable fishing;
Amendment 1 #
2011/2290(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 7 #
2011/2290(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the communication on the reformed Common Fisheries Policy CFP and reiterates that the track record of the present CFP is cause for concern. It has left fish stocks on the brink of collapse, coastal communities in insecure positions, low profitability in the fishing industries despite being heavily subsidies and a degraded marine environment. Therefore the reform of the CFP is long overdue and must not fail to deliver solutions to the problems;
Amendment 9 #
2011/2290(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the CFP must ensure sustainable exploitation of marine resources that restores and maintains fish stocks to levels above those capable of producing maximum sustainable yield (MSY), a pre-condition for long-term viable fishing communities, profitable fishing industries. By ensuring that marine resources are exploited sustainably as outlined in the resource- efficient Europe flagship initiative, the reform will contribute to the Europe 2020 Strategy of smart, sustainable and inclusive growth;
Amendment 11 #
2011/2290(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out the importance of efficient Maritime Spatial Planning for the sustainable management of fisheries resources in the context of the spatial claims on the marine and coastal environment of other sectors, such as, inter alia, wind farms, biodiversity protection, aquaculture, ports, maritime transport, tourism, defence and extractive industries;
Amendment 12 #
2011/2290(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that meaningful de- centralisation is based on long term management plans, which has the potential to adapt to regional specificities with the active participation of all relevant stakeholders in local and regional co- management, while respecting that overarching fisheries management objectives in the CFP is the competence of the European Parliament and the Council;
Amendment 17 #
2011/2290(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the regions must assume greater responsibility in fisheries management, without detracting from the principles of subsidiarity and regionalisation, and encourage dialogue among the various entities involved in the sector, both upstream and downstream, by providing incentives and support to establishin particular the responsibility to cooperate across regions including on the international clusterslevel;
Amendment 22 #
2011/2290(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that fisheries management shouldmust be based on scientific knowledge and expert advice, making use of partnerships between the research field and stakeholders such as the fisheries sector, and calls for reinforced regional data collection programmes and national research programmes providing for regional coordination among Member States;
Amendment 24 #
2011/2290(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates that all development in marine and coastal areas must respect environmental legislation, such as the Marine Strategy Framework Directive and the biodiversity protection Directives, as good environmental status should be a pre-condition for all activities in the marine and coastal regions;
Amendment 26 #
2011/2290(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the importance of the multifunctionality of fisheries for coastal regions; stresses the need for specific measures for certain regions, such as the outermost regions, for example support for small-scale fishing fleets and promotion ofenvironmentally and socially sustainable fishing while avoiding any increase of capacity; stresses the need for environmental sustainability in aquaculture operations; advocates measures to restructure the labour market, support measures for training and, retraining and fisheries control, and incentives for producer and interbranch organisations;
Amendment 35 #
2011/2290(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of the European Maritime and Fisheries Fund for implementing the reformed policy and for the balanced and inclusive territorial development of fishing areas and stresses that its funding must be commensurate with the Europe 2020 strategy and the Common Strategic Framework; reminds of EU commitments to ending environmentally harmful subsidies, particularly the target 3 of the Strategic Plan for Biodiversity 2011-2020 of the COP 10 Decision X/2 from the Convention on Biological Diversity and the point 24 of the G20 summit declaration of Pittsburgh in 2009.
Amendment 2 #
2011/2194(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. believes that it is necessary to correlate environmental, heath and spatial planning policies and to improve cooperation between regions and at a cross-border level in order to achieve a balance in development between urban and peri- urban areas, wooded and rural areas; different types of land use while emphasising to reduce urban sprawl; considers that it would be useful to implement measures that help to avoid a change in the intended purpose of land, particularly with a view to monocultures and the production of eco- fuels;
Amendment 5 #
2011/2194(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. underlines the potential of sustainable land management and nature reserves for the creation of green jobs and their positive impact on local economies and labour markets, particularly in rural areas;
Amendment 10 #
2011/2194(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. believes that it is particularly important to improve cooperation between national, local and regional authorities and to encourage public-private partnershipinvolve stakeholders for better application of the body of EU law on waste management; stresses the need for close collaboration with universities and researchers for the rapid design of innovative technologies that make waste recycling possible;
Amendment 17 #
2011/2194(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. recommends that an equitable balance is found between the need to combat climate change, to halt biodiversity loss and the Seventh Environment Action Programme, so the European Union can achieve its targets and in order to avoid additional costs; also emphasises the need to launch information, awareness and other campaigns to allow best practices to be exchanged at all levels;
Amendment 23 #
2011/2194(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. recognistresses that the integration of environmental policies must be guaranteed in all sectoral policies, an important role incumbent on local and regional authorities; stresses the importance of the correlation between specific features at local and regional levels and the strategies required to implement these policies; recommends therefore to integrate the territorial dimension into the Strategic Environmental Impact Assessment;
Amendment 27 #
2011/2194(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. welcomes the Commission proposal to strengthen the use of Environmental Impact Assessments and Strategic Environmental Impact Assessments in local and regional decision making which will help to avoid man-made environmental degradation;
Amendment 1 #
2011/2107(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that greater coordination is needed between the future ‘Common Strategic Framework’ for regional policy and the future ‘Common Strategic Framework’ for research and innovation programmes; calls on the Commission to set out how this is to be achieved in practiceensure complementarities;
Amendment 14 #
2011/2107(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. In the light of the future gearing of cohesion policy to the Europe 2020 Strategy, calls for the ‘innovation’ priority among others to be binding on the regions, which must also be reflected in the funding allocated;
Amendment 21 #
2011/2107(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the regions, in line with the ‘smart specialisation’ approach, to develop tailored innovation strategies that are based on regional competences and assets; stresses that territorial cooperation must be optimised with a view to greater complementarity between regions;
Amendment 49 #
2011/2107(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. In the light of the need to improve the extent to which SMEs are benefiting from support for research and innovation, considers that this should be made a focus of cohesion policy, for example in relation to internationalisationlocal and regional development or promotion of entrepreneurship;
Amendment 70 #
2011/2107(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to examine whether it is appropriate to make mixed financing legal and to extend cross- financing. of Structural Funds;
Amendment 72 #
2011/2107(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission for sustainable development to be reflected in the allocation of funds to create green jobs, to promote local and regional development and to ensure well-being in European regions; calls on the Commission to orient Research and Innovation towards ecological conversion;
Amendment 1 #
2011/2096(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that large divergences exist in terms of transport infrastructure and geographical accessibility on the one hand between the eastern and western parts of the EU and on the other hand between central and peripheral regions, which need to be tackled; takes the view that the transport system of the EU should not encourage increased traffic but should support balanced regional development and, promote territorial cohesion, which will lead to the creation of a Single European Transport Area and respect the objectives of preserving biodiversity and combating climate change;
Amendment 15 #
2011/2096(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. recalls the Commission's recommendation to use moneys from Cohesion Policy more resource-efficiently and prioritise transport projects that enhance sustainability and that are part of existing integrated transport strategies;
Amendment 190 #
2011/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks atbove levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and eco- system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive).
Amendment 199 #
2011/0380(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The achievement of the objectives of the CFP would be undermined if Union financial assistance under EMFF is disbursed to operators who, ex-ante, do not comply with requirements related to the public interest of conservation of marine biological resources. Therefore only operators should be admissible who, within a particular period of time before lodging an application for aid, were not involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulation (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, andnor in the operation, management or ownership of fishing vessels flagged to countries identified as non-cooperating third countries as set out in Article 33 of the Regulation (EC) No 1005/2008. Equally, only those operators should be admissible who have not committed a serious infringement under Article 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006. or other cases of non- compliance with CFP rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the Maximum Sustainable Yield (hereinafter MSY).
Amendment 201 #
2011/0380(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The consequences laid down for the failure to fulfil the eligibility conditions should apply in case of infringements of the CFP rules by the beneficiaries. In order to determine the amount of ineligible expenditure, the gravityseverity, extent, duration and re-occurrence of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary should be taken into account.
Amendment 205 #
2011/0380(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The achievement of the objectives of the CFP would also be undermined if Union financial assistance under EMFF is paid to Member States who do not comply with their obligations under the CFP rules related to the public interest of conservation of marine biological resources, such as ensuring a balance between the fishing capacity of their fleets and available fishing opportunities, collecting data and implementing the control obligations. Moreover, without complying with those obligations there is a risk that inadmissible beneficiaries or ineligible operations are not detected by the Member States.
Amendment 218 #
2011/0380(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to increase the sustainability, competitiveness and economic performance of fishing activities it is vital to stimulate innovation and entrepreneurship. Therefore the EMFF should prioritise support for innovative operations and business development which improve the environmental performance of the fishing and aquaculture sector.
Amendment 264 #
2011/0380(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) As a result of the establishment of sysFishing opportunities should be allocated in a manner which promotems of transferable fishing concessions envisaged in Article 27 of the [CFP Regulation] and in orresponsible fishing and ensures that those operators who fish in the least environmentally damaging way and provider to support Member States in the implementation of these new systems, the greatest benefits for society are encouraged. The EMFF should grant support in the creation and functioning of innovative systerms of capacity building and exchange of best pto allocate preferential access to fishing opportunities to the most environmentally and socially sustainable operacticeons.
Amendment 269 #
2011/0380(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 291 #
2011/0380(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The objective of the Common Fisheries Policy is to ensure a sustainable exploitation of fish stocks. Overcapacity has been identified as a major driver for overfishing. It is therefore paramount to adapt the Union fishing fleet to the resources available. TAs noted in the Green Paper, despite considerable sums of money spent over many years, the removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective. The EMFF will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned and the EU fleets are still not of an appropriate size and composition for the resources available. EMFF funds must be used to support fishers and vessels that fish in the most environmentally and socially sustainable way.
Amendment 297 #
2011/0380(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 306 #
2011/0380(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) Mitigation of the impacts of climate change in coastal and marine ecosystems is of critical importance. The EMFF should support investments to reduce the contribution of the fishing sector to emissions of greenhouse gases as well as projects aimed at protecting and restoring seagrass beds and coastal wetlands which are major carbon sinks.
Amendment 310 #
2011/0380(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) In order to minimize the impact of fishing on marine ecosystems, the EMFF should support the establishment, management, monitoring and control of a coherent network of fish stock recovery areas.
Amendment 330 #
2011/0380(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 332 #
2011/0380(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In line with the Commission's Strategy for the Sustainable Development of European Aquaculture, the CFP objectives and Europe 2020 Strategy, the EMFF should support the environmentally, economically and socially sustainable development of the aquaculture industry, with a particular focus in promoting eco innovation, reducing dependence on fish meal and oil, improving the welfare of farmed organisms and promoting organic and closed system aquaculture.
Amendment 334 #
2011/0380(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) Due to the potential impact on wild marine populations of escapes of farmed animals from aquaculture sites, the EMFF should by not provide incentives for the farming of exotic species or genetically modified organisms.
Amendment 357 #
2011/0380(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Conscious of the need to identify the most suitable areas for developing aquaculture, taking into account access to waters and space and that coastal spatial planning should ensure the conservation of coastal ecosystems, in particular the achievement of good environmental status under the MSFD, the EMFF should support national authorities in making their strategic choices at national level.
Amendment 362 #
2011/0380(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Investment in human capital is also vital to increase the competitiveness and economic performance of aquaculture activities. Therefore, the EMFF should support lifelong learning and networking stimulating the dissemination of knowledge as well as advisory services helping to improve the overall environmental performance and competitiveness of operators.
Amendment 369 #
2011/0380(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Conscious of the importance of consumer protection, the EMFF should ensure adequate support to farmers in order to prevent and mitigate the risk for public and animal health that aquaculture rearing may generate, particularly through programmes designed at reducing the dependence of aquaculture activities of veterinary products.
Amendment 372 #
2011/0380(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 389 #
2011/0380(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products] as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain. In order to adapt to the new discard ban policy, the EMFF should also support the processing of unwanted catches.
Amendment 399 #
2011/0380(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Priority should be given to producer organisations and associations of producer organisations by granting them support. The compensation for storage aid and aid for production and marketing plans should gradually be phased out as the importance of this particular kind of support has lost its interest in the light of the evolving structure of the Union market for this kind of products and the growing importance of strong producer's organisations.
Amendment 459 #
2011/0380(COD)
Proposal for a regulation
Recital 101 a (new)
Recital 101 a (new)
(101 a) It is particularly important to ensure that ex-ante conditionalities concerning the administrative capacity to comply with the data requirements for fisheries management and the implementation of a Union control inspection and enforcement system are respected.
Amendment 467 #
2011/0380(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) and the Integrated Maritime Policy (IMP), including the Marine Strategy Framework Directive.
Amendment 476 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 5 a (new)
Article 3 – paragraph 2 – point 5 a (new)
(5a) 'fish stock recovery area' means a geographically defined sea area in which all fishing activities are prohibited, in order to improve the exploitation and conservation of living aquatic resources or the protection of marine ecosystems, as referred to in Regulation No [Regulation laying down Common Provisions];
Amendment 486 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6 a (new)
Article 3 – paragraph 2 – point 6 a (new)
(6a) 'fishing capacity' means the ability of a vessel to catch fish, measured in terms of vessel characteristics, including a vessel's tonnage in GT (Gross Tonnage), its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86, as well as the character and size of its fishing gears and any other parameter that affects its ability to catch fish;
Amendment 503 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 13
Article 3 – paragraph 2 – point 13
Amendment 533 #
2011/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) promoting sustainable and competitive fisheries and aquaculturfisheries and aquaculture activities which are environmentally sustainable, economically viable and socially responsible;
Amendment 557 #
2011/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) fostering the implementation, and the achievement of the objectives, of the CFP.
Amendment 575 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point a
Article 6 – paragraph 1 – point 1 – point a
(a) promotion of economic growwealth, social inclusion, creation of jobs and supporting labour mobility in coastal and inland communities depending on fishing and aquaculture;
Amendment 589 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point b
Article 6 – paragraph 1 – point 1 – point b
(b) diversification of fisheries activities into other sectors of maritime economy and growth ofthe maritime economy, including mitigation of climate change.
Amendment 601 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – introductory part
Article 6 – paragraph 1 – point 2 – introductory part
(2) Fostering sustainable innovative, competitive and knowledge based fisheries through the focus on the following areas:
Amendment 608 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a a (new)
Article 6 – paragraph 1 – point 2 – point a a (new)
(aa) reducing the negative impacts of fishing on animal welfare;
Amendment 664 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 4 – point a a (new)
Article 6 – paragraph 1 – point 4 – point a a (new)
(aa) ensuring a balance between fishing capacity and available fishing opportunities;
Amendment 665 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 4 – point a b (new)
Article 6 – paragraph 1 – point 4 – point a b (new)
(ab) minimisation of unwanted catches;
Amendment 684 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 5 – point a
Article 6 – paragraph 1 – point 5 – point a
(a) enhancement of ecosystems related to aquaculture and promotion of resource efficient aquaculturepromotion of resource efficient aquaculture, including the reduction of dependence on fish feed and oil and use of chemicals and antibiotics;
Amendment 716 #
2011/0380(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
In addition to the principles enounced in Article 4 of the [Regulation (EU) No […] laying down Common Provisions], the Commission and the Member States shall ensure coordination and complementarity between support from the EMFF and from other Union policies and financial instruments, including the Regulation (EC) No [establishing the Framework Programme for Environment and Climate Change Action (LIFE Framework Programme)] and those in the framework of the Union's external action. Coordination between assistance from the EMFF and LIFE Framework Programme shall be achieved in particular, by promoting the funding of activities that complement integrated projects funded under LIFE Framework Programme, as well as by promoting the use of solutions, methods and approaches validated under LIFE Framework Programme, especially under the biodiversity priority area.
Amendment 727 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
Article 12 – paragraph 1 – point b a (new)
(ba) operators involved in the operation, management or ownership of fishing vessels flagged to countries identified as non-cooperating third countries as set out in Article 33 of the Regulation (EC) No 1005/2008;
Amendment 744 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the identification of the period of time referred to in paragraphs 1 and 2 which shall be proportionate to the seriousness or to the repetitionverity, extent, duration and re-occurrence of the infringement or non-compliance;
Amendment 754 #
2011/0380(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Suspension of payments In cases of operators being under investigation of having committed an infringement described in Article 12 paragraph 1, any payments under the EMFF to the operators concerned shall be suspended. Should an operator be found to have committed an infringement under Article 12 paragraph 1, the application of the operators concerned shall be considered inadmissible.
Amendment 756 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) operations increasing the fishing capacity or the ability to catch fish of the vessel;
Amendment 769 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) construction of new fishing vessels, decommissioning, export or importation of fishing vessels;
Amendment 773 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(ba) investments on board of vessels for which the flag Member State has not demonstrated a balance between the fleet capacity and the available fishing opportunities, as required under [Regulation on the Common Fisheries Policy];
Amendment 774 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(b a) storage aid;
Amendment 775 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
Article 13 – paragraph 1 – point b b (new)
(bb) investments on board for vessels belonging to a fleet segment for which the capacity report, referred to in article 34.1 of the [Regulation on Common Fisheries Policy], has not demonstrated that there is a sustainable balance between fishing opportunities and fleet capacity.
Amendment 795 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) experimentalnew and exploratory fishing;
Amendment 814 #
2011/0380(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. EUR 4 535A maximum of EUR 3 964 000 000 of the resources referred to in paragraph (1) shall be allocated to the sustainable development of fisheries, aquaculture and fisheries areas under Chapters I, II and III of Title V.
Amendment 818 #
2011/0380(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. A minimum of EUR 477690 000 000 of the resources referred to in paragraph (1) shall be allocated to control and enforcement measures referred to in Article 78.
Amendment 820 #
2011/0380(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. A minimum of EUR 358716 000 000 of the resources referred to in paragraph (1) shall be allocated to measures on data collection referred to in Article 79.
Amendment 832 #
2011/0380(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 873 #
2011/0380(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a single operational programme to implement the Union priorities referred to in article 6 of this Regulation to be co- financed by the EMFF.
Amendment 884 #
2011/0380(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) where applicable, consistency of the measures under Union priorities for EMFF referred to in Article 38(1)d of this Regulation and the prioritised action frameworks for Natura 2000 in Article 8(4) of Council Directive 92/43/EEC and the achievement of good environmental status under Directive 2008/56/EC of the European Parliament and of the Council
Amendment 895 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) a demonstration of a pertinent approach integrated into the programme towards innovation, thconservation of the marine environment, including the specific needs of Natura 2000 areas, and the achievement of Good Environmental Status, the establishment of a coherent network of fish stock recovery areas and climate change mitigation and adaptation;
Amendment 899 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(c a) an assessment of the balance between fishing capacity and available fishing opportunities as required under [Regulation on the Common Fisheries Policy];
Amendment 901 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point f
Article 20 – paragraph 1 – point f
(f) description of selection criteria for projects, giving priority to projects that are designed to reduce the environmental impact of fishing and aquaculture activities;
Amendment 907 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point g
Article 20 – paragraph 1 – point g
(g) description of selection criteria for local development strategies under Chapter III of Title V ; , giving priority to projects that are designed to reduce the environmental impact of fishing and aquaculture activities;
Amendment 939 #
2011/0380(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point o – point i – indent 3
Article 20 – paragraph 1 – point o – point i – indent 3
– an evaluation of the effects of the fishing sector on the ecosystem. to allow comparisons among types of fishing activities and fleet segments according to the requirements of [Regulation on the Common Fisheries Policy]
Amendment 949 #
2011/0380(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission shall approve the operational programme by means of implementing act when it is satisfied the requirements of Paragraph 1 have been met. Once approved the operational programmes shall be in the public domain.
Amendment 990 #
2011/0380(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. In order to stimulate innovation in fisheries, the EMFF may support projects aiming at developing or introducing new or substantially improved products compared to the state of art, new or improved processes, new or improved management and organisation systems, provided they contribute to more sustainable fishing practices.
Amendment 1003 #
2011/0380(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. In order to promote more sustainable fisheries and improve the overall performance and competitiveness of operators, the EMFF may support:
Amendment 1007 #
2011/0380(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(a a) the provision of professional advice on development of more sustainable fishing practies;
Amendment 1038 #
2011/0380(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Activities referred to in paragraph 1(b) may cover data collection activities, joint research projects, studies, dissemination of knowledge and best practices.
Amendment 1079 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. In order to foster entrepreneureship and facilitate diversification and job creation outside fishing, the EMFF may support::
Amendment 1085 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) business start-ups outside fishing for fishermen with at least 7 years of professional fishing activity;
Amendment 1105 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b a (new)
Article 32 – paragraph 1 – point b a (new)
(b a) diversification of the income of fishermen through the development of complementary activities outside fishing.
Amendment 1127 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Support under paragraph 1(b) shall be granted to small scale coastal fishermen owning a Union fishing vessel registered as active and which have carried out fishing activities at sea at least 6180 days during the two years preceding the date of submission of the application. The fishing licence associated with the fishing vessel shall be permanently withdrawn and the national fleet reference levels reduced accordingly.
Amendment 1128 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. Support under paragraph 1(c) shall be granted only to fishermen provided that the complementary activities outside fishing relate to the core fishing business, such as angling tourism, restaurants, fishing environmental services or educational activities on fishing.
Amendment 1166 #
2011/0380(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to improve working conditions on board for fishermen the EMFF may support investments on board or in individual equipments providing that these investments go beyond standards required under national or Union law and do not increase the capacity of the fishing vessel..
Amendment 1187 #
2011/0380(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a Temporary cessation of fishing activities in the event of environmental disasters 1. The EMFF may contribute to the financing of measures for the temporary cessation of fishing activities in the event of an environmental disaster such as oil spills, toxic chemical spills or radioactive leaks. Contributions to the financing of aid measures under paragraph 1 may be made for fisheres and the owners of fishing vessels for a maximum duration of 6 months. The period may be extended for a further 6 months. All fishing activities carried out by the fishing vessel concerned or by the fishermen concerned shall be effectively suspended. The competent authority shall satisfy itself that the fishing vessel concerned has stopped any fishing activities during the period concerned by the temporary cessation.
Amendment 1208 #
2011/0380(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Support to systems of transferable fishing concessionallocation of fishing opportunities of the CFP
Amendment 1215 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. In order to establish or modify systems of transferable fishing concessionallocation of fishing opportunities under Article 27 of the [Regulation on the CFP], the EMFF may support:
Amendment 1220 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) the design and development of technical and administrative means necessary for the creation orand functioning of a transferable fishing concessionsinovative systems to allocate preferential access to fishing opportunities to the most environmentally and socially syustemainable operations;
Amendment 1226 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
(b) stakeholder participation in designing and developing transferable fishing concessions systemssystems referred to in paragraph 1(a);
Amendment 1231 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) the monitoring and evaluation of transferable fishing concessions systemssystems referred to in paragraph 1(a);
Amendment 1237 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) the management of transferable concessions systemssystems referred to in paragraph 1(a).
Amendment 1243 #
2011/0380(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Support under paragraph 1 (a), (b) and (c) shall only be granted to public authorities. Support under paragraph 1 (d) of this Article shall be granted to public authorities legal or natural persons or groups of natural persons or recognized producer organizations involved in collective management of pooled transferable fishing concessions in accordance with Article 28(4) of the Regulation on Common Fisheries.
Amendment 1257 #
2011/0380(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a a (new)
Article 35 – paragraph 1 – point a a (new)
(a a) initiatives undertaken by Member States to cooperate and implement common measures to achieve objectives and targets agreed under multiannual plans established pursuant to Articles 9, 10 and 11 of the [Regulation on Common Fisheries Policy];
Amendment 1259 #
2011/0380(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a b (new)
Article 35 – paragraph 1 – point a b (new)
(a b) the establishement of a coherent network of fish stock recovery areas pursuant Article 7a of the [Regulation on Common Fisheries Policy];
Amendment 1260 #
2011/0380(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) stakeholder participation in designing and implementing multiannual plans established pursuant to Articles 9, 10 and 11 and conservation measures in the meaning of Articles 17 and 21 of the [Regulation on Common Fisheries Policy]
Amendment 1281 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) reducing unwanted catches of commercial stockor unauthorised catches of harvested and regulated species or other by-catches;
Amendment 1285 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) reducing and where possible eliminating the physical and biological impacts of fishing on the ecosystem or the sea bed.
Amendment 1288 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c a (new)
Article 36 – paragraph 1 – point c a (new)
(c a) reducing the negative impacts of fishing activities on animal welfare;
Amendment 1292 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c b (new)
Article 36 – paragraph 1 – point c b (new)
(c b) protecting gear and catches from mammals and birds protected by the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora or Council and European Parliament Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds, provided that it does not undermine the selectivity of the fishing gear and that all appropriate measures are introduced to avoid physical damage to the predators.
Amendment 1314 #
2011/0380(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. In order to contribute to the elimination of discards and by-catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the EMFF may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources, including reduction of damage to the marine habitat and improving the selectivity of fishing operations in order to achieve a more sustainable use of marine biological resources, based on the precautionary approach and an ecosystem-based approach to fisheries management. The EMFF may support projects aiming at developing or introducing new techniques to reduce the negative impacts of fishing on animal welfare.
Amendment 1330 #
2011/0380(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. In order to stimulate the participation of fishermen and other stakeholders in the protection and restoration of marine biodiversity and ecosystems including the services they provide in the framework of sustainable fishing activities, the EMFF may support the following operations:
Amendment 1343 #
2011/0380(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point d
Article 38 – paragraph 1 – point d
(d) management, restoration and monitoring of fish stock recovery areas in accordance with [Regulation on Common Fisheries Policy], marine protected areas in view of the implementation of the spatial protection measures referred to in Article 13(4) of the European Parliament and Council Directive 2008/56/EC and NATURA 2000 sites in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Council and European Parliament Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds, in accordance with prioritised action frameworks established pursuant to Council Directive 92/43/EEC;
Amendment 1354 #
2011/0380(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point f
Article 38 – paragraph 1 – point f
(f) the participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services, such as the restoration of specific marine and coastal habitats in support of sustainable fish stocks., consistent with the precautionary approach and an ecosystem-based approach to fisheries management;
Amendment 1359 #
2011/0380(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point f a (new)
Article 38 – paragraph 1 – point f a (new)
(f a) environmental awareness involving fishermen on protection and restoration of marine biodiversity.
Amendment 1372 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) investments on board aimed at reducing the emission of pollutants or green-house gases and increasing energy efficiency of fishing vessels without increasing fishing power;
Amendment 1382 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b a (new)
Article 39 – paragraph 1 – point b a (new)
(b a) protection and restoration of seagrass beds and coastal wetlands which are carbon sinks of critical importance to mitigate climate change;
Amendment 1384 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b b (new)
Article 39 – paragraph 1 – point b b (new)
(b b) substitution of high energy consuming fishing gears to lower energy consuming ones, provided that changes do not result in an increase in the fishing capacity of the fishing unit and that the substituted fishing gear is confiscated and destroyed;
Amendment 1385 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b c (new)
Article 39 – paragraph 1 – point b c (new)
(b c) independent evaluations and audits of the energy footprint of fish products in the market place in order to allow consumers to differentiate fish products coming from fishing methods which are less energy intensive.
Amendment 1397 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Support shall not contribute to the replacement or modernisation of main or ancillary engines nor serve to increase their power. Support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel.
Amendment 1413 #
2011/0380(COD)
Proposal for a regulation
Article 40 – title
Article 40 – title
Product quality and use of unwanted catches
Amendment 1426 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 1443 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. The support referred to in paragraph 1 shall only be granted to owners of Union fishing vessels whose vessels are which have carried out a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application.
Amendment 1460 #
2011/0380(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. In order to facilitate the use of unwanted catches tThe EMFF may support investments in fishing ports and landing sites which enable to make the best use of unwanted catches of commercial stocks and which valorise under-used components of the fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [in order to facilitate control and traceability of fishery and aquaculture products, as defined in Article 58 of Council Regulation (EUC) No on the common organisation of the markets in fishery and aquaculture products].1224/2009
Amendment 1479 #
2011/0380(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 1517 #
2011/0380(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Support under this Chapter shall contribute to achieving the Union priorities identified in Article 6(23) and (45).
Amendment 1534 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Where operations consist ofSupport shall be limited to investments in equipment or infrastructure ensuring compliance with requirewhich has demonstrably lower impact on the environments, on the environment,r better performance with respect to human or animal health, hygiene or animal welfare under Union law, and entering into force after 2014, may be granted until the date on which the standards become mandatory for the enterpristhan the requirements under Union law. Support under the EMFF shall not be granted to aquaculture operations using exotic species or genetically modified organisms. Support under the EMFF shall not be granted to any intensive aquaculture operation in marine protected areas, fish stock recovery areas or Natura 2000 sites.
Amendment 1542 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) introducing new technical or organisational knowledge in aquaculture farms which reduces their impact on the environment, reduces dependence on fish meal and oil, improves the welfare of farmed organisms or fosters a more sustainable use of resources in aquaculture;
Amendment 1560 #
2011/0380(COD)
Proposal for a regulation
Article 46
Article 46
Amendment 1610 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 1625 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. In order to improve the overall performance and competitiveness of aquaculture farms, the EMFF may support:
Amendment 1626 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point a
Article 48 – paragraph 1 – point a
(a) the setting up management, relief and advisory services for aquaculture farms which contribute to reducing the environmental impact of the operations;
Amendment 1628 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) the provision of farm advisory services of technical, scientific, legal or economic nature. which contribute to reducing the environmental impact of the operations;
Amendment 1631 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 2 – point e
Article 48 – paragraph 2 – point e
Amendment 1655 #
2011/0380(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) lifelong learning, dissemination of scientific knowledge and innovative practices and acquisition of new professional skills in aquaculture which contribute to reducing the environmental impact of the operations;
Amendment 1668 #
2011/0380(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
1. In order to contribute to the development of thereducing the environmental impact of aquaculture sites and infrastructures, the EMFF may support:
Amendment 1672 #
2011/0380(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a a (new)
Article 50 – paragraph 1 – point a a (new)
(a a) identification and mapping of areas where intensive aquaculture activities should be excluded to maintain their role in ecosystem functioning such as nursery grounds, coastal spawning areas, marine protected areas, Natura 2000 sites or fish stock recovery areas
Amendment 1674 #
2011/0380(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) improvement of infrastructudentification and mapping of most suitable areas of aquaculture areas including through land consolidation, energy supply or water managementfor developing aquaculture with low environmental impact, and where applicable, taking into account maritime spatial planning processes;
Amendment 1678 #
2011/0380(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) non-lethal action taken and implemented by competent authorities under of Article 9(1) ofaiming at mitigating conflicts with wild species protected under Directive 2009/147/EC or Article 16(1) of Directive 92/43/EC with the aim of preventing serious damage[m1] s to aquaculture [m1]Public funds should only be used for non-lethal activities.
Amendment 1684 #
2011/0380(COD)
Proposal for a regulation
Article 51
Article 51
Amendment 1708 #
2011/0380(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point a
Article 52 – paragraph 1 – point a
(a) allowing for a substantial reduction of impact of aquaculture enterprises on water usage and quality, in particular through reducing the amount of chemicals, antibiotics and other medicines or water used or improving the output water quality, including through the deployment of multi- trophic aquaculture systems;
Amendment 1711 #
2011/0380(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) the purchase of thenon-lethal equipment protecting aquaculture farms from wild predators benefitting from protection under Council and European Parliament Directive 2009/147/EEC and Council Directive 92/43/EC;
Amendment 1722 #
2011/0380(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point a a (new)
Article 53 – paragraph 1 – point a a (new)
Amendment 1723 #
2011/0380(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point a b (new)
Article 53 – paragraph 1 – point a b (new)
(a b) conversion of operations farming carnivorous species into the farming of herbivorous species which do not rely for feeding on fresh, wild, marine or freshwater fish, fishmeal or fish oil products
Amendment 1729 #
2011/0380(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Support shall only be granted to beneficiaries who commit themselves for a minimum of 35 years to participate in the EMAS or for a minimum of 5 years to comply with the requirements of organic production.
Amendment 1737 #
2011/0380(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point a
Article 54 – paragraph 1 – point a
(a) extensive and semi-intensive aquaculture methods compatible with specific environmental needs and subject to specific management requirements resulting from the designation of NATURA 2000 areas in accordance with Council Directive 92/43/EEC and Council and European Parliament Directive 2009/147/EC;
Amendment 1770 #
2011/0380(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point c
Article 56 – paragraph 1 – point c
(c) increasing the availability of veterinary mitiatives aimed at rediucines for its use in aquaculture and promoting appropriate use of such medicines through the commissioning of pharmaceutical studies and the dissemination and exchange of informationg the dependence of aquaculture on veterinary medicines in aquaculture.
Amendment 1778 #
2011/0380(COD)
Proposal for a regulation
Article 57
Article 57
Aquaculture stock insurance 1. In order to safeguard the income of aquaculture producers the EMFF may support the contribution to an aquaculture stock insurance which shall cover the losses due to: (a) natural disasters; (b) adverse climatic events; (c) sudden water quality changes; (d) diseases in aquaculture or destruction of production facilities. 2. The occurrence of an adverse climatic event or the outbreak of disease in aquaculture shall be formally recognised as such by the Member State concerned. Member States may, where appropriate, establish in advance criteria on the basis of which such formal recognition shall be deemed to be granted. 3. Support shall only be granted for aquaculture stock insurance contracts which cover economic losses under paragraph 1 exceeding 30% of the average annual production of the aquaculture farmer.rticle 57 deleted
Amendment 1918 #
2011/0380(COD)
Proposal for a regulation
Article 70
Article 70
Amendment 1951 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point a – point ii
Article 71 – paragraph 1 – point a – point ii
Amendment 1954 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point a – point iii
Article 71 – paragraph 1 – point a – point iii
(iii) products obtained using methods with low impact on the environment or organic aquaculture products as defined in Council Regulation(EC) No 834/2007 on organic production or in closed systems.
Amendment 1962 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point b – point ii
Article 71 – paragraph 1 – point b – point ii
(ii) certification and promotion including of sustainable fishery and aquaculture products and of environmentally friendly processing methods;
Amendment 1982 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point f
Article 71 – paragraph 1 – point f
Amendment 2004 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
Amendment 2055 #
2011/0380(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The EMFF may support the compensation regime introduced by Council Regulation (EC) No 791/2007 for the additional costs incurred by the operators in the fishing, farming and marketing of certain fishery and aquaculture products from the Azores, Madeira, the Canary Islands, French Guiana, and Réunion.
Amendment 2057 #
2011/0380(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. When establishing the list and the quantities referred to in paragraph 2, Member States shall take into account all the relevant factors, in particular the need to ensure that the compensation is fully compatible with the rules of the CFP, in particular the need to ensure that fishing capacity of the fleets concerned is commensurate with available fishing opportunities.
Amendment 2177 #
2011/0380(COD)
Proposal for a regulation
Article 84 a (new)
Article 84 a (new)
Article 84 a Conservation measures In order to ensure efficient implementation of conservation measures under Articles 17 and 21 of the [Regulation on Common Fisheries Policy] the EMFF may support initiatives undertaken by Member States to cooperate and implement common measures to achieve objectives and targets agreed under multiannual plans established pursuant to Articles 9, 10 and 11 of the [Regulation on Common Fisheries Policy];
Amendment 2183 #
2011/0380(COD)
Proposal for a regulation
Article 85 – paragraph 2 – point c a (new)
Article 85 – paragraph 2 – point c a (new)
(ca) funding of research vessel conducting scientific research programmes in areas outside of the EU where the EU is operating under fisheries agreements;
Amendment 2204 #
2011/0380(COD)
Proposal for a regulation
Article 94 – paragraph 2 – subparagraph 3
Article 94 – paragraph 2 – subparagraph 3
Amendment 2205 #
2011/0380(COD)
Proposal for a regulation
Article 94 – paragraph 3 – point a
Article 94 – paragraph 3 – point a
Amendment 2228 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 2 – point b
Article 95 – paragraph 2 – point b
Amendment 2280 #
2011/0380(COD)
Proposal for a regulation
Article 105 – paragraph 1
Article 105 – paragraph 1
1. The beneficiary shall continue to comply with the admissibility conditions referred to in Article 12(1), after submitting the application and during the whole period of implementation of the operation and, for certain types of operation, also for an identified period of time after the last payment.
Amendment 2287 #
2011/0380(COD)
Proposal for a regulation
Article 105 – paragraph 2 – subparagraph 2
Article 105 – paragraph 2 – subparagraph 2
The Commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non-compliance with the respective CFP rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, the sustainability of the stocks concerned or the conservation of the marine environment, based on the precautionary approach and an ecosystem-based approach to fisheries management.
Amendment 2345 #
2011/0380(COD)
Proposal for a regulation
Article 116 – paragraph 2 – subparagraph 1
Article 116 – paragraph 2 – subparagraph 1
If recovery has not taken place within fourtwo years of the date of the recovery request, or within eight years where recovery is taken in the national courts, the financial consequences of non-recovery shall be borne by the Member State concerned, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 115.
Amendment 2346 #
2011/0380(COD)
Proposal for a regulation
Article 117 – paragraph 3
Article 117 – paragraph 3
3. For the cases of financial corrections applied on expenditure directly linked to the non-compliance with Article 105, the Member States shall decide the amount of a correction taking into account the gravity of the non compliance by the beneficiary with CFP rules, the gravity of the damage to the ecosystem, fish stocks or the marine environment, the economic advantage derived from the non-compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
Amendment 2347 #
2011/0380(COD)
Proposal for a regulation
Article 117 – paragraph 3
Article 117 – paragraph 3
3. For the cases of financial corrections applied on expenditure directly linked to the non-compliance with Article 105, the Member States shall decide the amount of a correction taking into account the gravityseverity, extent, duration and re- occurrence of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
Amendment 2351 #
2011/0380(COD)
Proposal for a regulation
Article 119 – paragraph 1 – point a a (new)
Article 119 – paragraph 1 – point a a (new)
(aa) the Member State has failed to submit the required reports on fleet capacity and its relationship with the available resources required under [Regulation on the Common Fisheries Policy]
Amendment 2352 #
2011/0380(COD)
Proposal for a regulation
Article 119 – paragraph 1 – point a a (new)
Article 119 – paragraph 1 – point a a (new)
(aa) where Member States failed to fulfil their obligations to collect and transmit data and/or their obligation to achieve a balance between fleet capacity and fishing opportunities as referred to in article 34.1 of the [Regulation on Common Fisheries Policy].
Amendment 2398 #
2011/0380(COD)
Proposal for a regulation
Article 128 – paragraph 3
Article 128 – paragraph 3
3. For the cases under paragraph 1(b) in case of non compliance with Article 105, and paragraph 1(d), the Commission shall base its financial corrections only on the expenditure directly linked to the non- compliance with CFP rules. The Commission shall decide the amount of a correction taking into account the gravity of the damage to the ecosystem, fish stocks or the marine environment, the gravity of the non compliance by the Member State or the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
Amendment 171 #
2011/0276(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 174 of the Treaty provides that, in order to strengthen its economic, social and territorial cohesion, the Union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross- border and mountain regions.. Article 175 of the Treaty requires that the Union would support the achievement of these objectives by action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments.
Amendment 182 #
2011/0276(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the Partnership Contract and each programme respectively, a Member State should organise a partnership with the representatives of competent regional, local, urban and other public authorities, economic and social partners, and bodies representing civil society, including environmental partners, non-governmental organisations, and bodies responsible for promoting gender equality and non- discrimination. The purpose of such a partnership is to respect the principle of multi-level governance, ensure the ownership of planned interventions by stakeholders and build on the experience and know-how of relevant actors, as well as non- governmental organisations promoting social inclusion and organisations active in the areas of culture, education and youth policy. Specific attention should be paid to groups that might be affected by the programmes and may have difficulties to influence them. The cooperation with the partners should follow the best practices. Each Member State should ensure an adequate level of technical assistance in order to facilitate their involvement and participation in all stages of the programming process. The purpose of such a partnership is to respect the principle of multi-level governance, ensure the ownership of planned interventions by stakeholders and build on the experience and know-how of relevant actors. Therefore the partners should represent the different territorial levels in accordance with the institutional structure of the Member States. The partners should select and appoint their members representing them in the monitoring committee. The Commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation, implementation, monitoring and evaluation of Partnership Contracts and programmes in a consistent manner.
Amendment 194 #
2011/0276(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In the context of its effort to increase economic, territorial and social cohesion, the Union shouldall, at all stages of implementation of the CSF Funds, aim at eliminating inequalities and promoting equality between men and women, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in form of a twofold approach, both through systematic integration of gender aspects into all stages of the programming and the implementation process and through additional specific actions. Methods of Gender-budgeting assessment should be used to include the horizontal principal of gender equality in the preparation and implementation of programmes of all Funds.
Amendment 197 #
2011/0276(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In the context of its effort to increase economic, territorial and social cohesion, the Union should, at all stages of implementation of the CSF Funds, aim at eliminating inequalities and promoting equality between men and women, taking into account the EU gender equality strategy1, the pact for gender equality2 and implementation acts and further policies at Union, national and regional level implementing Article 8 of the Treaty, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, age or sexual orientation, and disability, in particular taking into account the UN Convention on the Rights of Persons with Disabilities which is in force since 3 May 2008 and EU policies to implement the UN Convention. _________ 1 COM(2010)0491 final. 2 European Pact for Gender Equality (2011-2020) adopted by the Council on 7 March 2011.
Amendment 202 #
2011/0276(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The objectives of the CSF Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of protecting and improving the environment as set out in Article 11 and 19 of the Treaty, taking into account the polluter pays principle and minimising future external costs. The Member States should provide information on the support for climate change objectives in line with the ambition to devote at least 20% of the Union budget to this end, using a methodology adopted by the Commission by implementing act.
Amendment 205 #
2011/0276(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to achieve the targets and objectives of the Union strategy for smart, sustainable and inclusive growth, the CSF Funds should focus their support on a limited number of common thematic objectives. The precise scope of each of the CSF Funds shouldall be set out in Funds- specific rules and may be limited to only some of the thematic objectives defined in this Regulation.
Amendment 208 #
2011/0276(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission should adopt by delegated act a Common Strategic Framework which translates the objectives of the Union into key actions for the CSF Funds, in order to provide clearer strategic direction to the programming process at the level of Member States and regionsa Common Strategic Framework contains a non-exhaustive menu of recommended actions supported by each CSF Fund for the funding period 2014-2020, which helps Member States to achieve the objectives of the Union, to ensure coherence and consistency of programming under the CSF Funds with the economic and employment policies of the Member States and the Union, while acknowledging the different needs of regions ensuring the necessary flexibility for their development. The Common Strategic Framework should facilitate sectoral and territorial and coordination of Union intervention under the CSF Funds and, including multifund-approaches and integrated territorial approaches, and coordination with other relevant Union policies and instruments.
Amendment 212 #
2011/0276(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 219 #
2011/0276(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) On the basis of the Common Strategic Framework adopted by the Commission, eEach Member State should prepare, in cooperation with its partners referred to in Article 5 of this Regulation, and in dialogue with the Commission, a Partnership Contract. The Partnership Contract should translate thecontain selected elements set out in the Common Strategic Framework and put them into the national context and set out firm commitments to the achievement of Union objectives through the programming of the CSF Funds.
Amendment 230 #
2011/0276(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period. The Commission should undertake a performance review in cooperation with the Member States in 2017 and 2019. A performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained. Due to their diversity and multi- country character,The Commission shall allocate to each Member State there should be noare of its performance reserve for ‘European Territorial Cooperation’ programmes. In cases where the shortfall in the achievement of milestones othat corresponds to the share of successful programmes in the total allocation of the Member Stargets is significant, the Commission should be able to suspend payments to the programme or, at the end of the programming period, apply financial corrections, in order to ensure that the Union budget is not used in a wasteful or inefficient wayte. Thereby, the Commission shall take duly into account whether unforeseeable external factors on which the concerned programme could not take influence have caused failures to attain milestones. The Member States shall attribute the performance reserve equally to all programmes having attained their milestones. Due to their diversity and multi-country character, there should be no performance reserve for 'European Territorial Cooperation' programmes.
Amendment 236 #
2011/0276(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 246 #
2011/0276(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Territorial cohesion has been added to the goals ofis the main instrument to achieve economic and social cohesion as provided for by the Treaty, and it is necessary to address the role of cities, urban areas, functional geographies and sub-regional areas facing specific geographical or demographic problems. To this end, to better mobilise potential at a local level, it is necessary to strengthen and facilitate community-led local development by laying down common rules and close coordination for all CSF Funds. Responsibility for thherefore, the integrated territorial approach as laid down in article 99 of this regulation should be the main tool to achieve a successful sustainable development of such areas and to promote iempleoymentation of l, social development strategies should be given to local action groups representing the interests of the community, as an essential principleinclusion and prosperity of citizens living in those areas.
Amendment 249 #
2011/0276(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) In order to better mobilise potential at a local level, it is necessary to strengthen and facilitate community-led local development by laying down common rules and close coordination for all CSF Funds. Responsibility for the implementation of local development strategies should be given to local action groups, including existing LEADER- groups, representing the interests of the community, as an essential principle.
Amendment 254 #
2011/0276(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Financial instruments supported by the CSF Funds should be used to address specific market needs in a cost effective way, in accordance with the objectives of the programmes, and should not crowd out private financing. The decision to finance support measures through financial instruments should be determined therefore on the basis of an ex ante analysis and be subject to democratic scrutiny at the appropriate level.
Amendment 265 #
2011/0276(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to improve the quality and design of each programme, and verify that objectives and targets can be reached, an ex ante evaluation of each programme should be carried out. For each programme, the ex-ante evaluation should include an evaluation of the horizontal principles relating to compliance with Union and national law, promotion of equality between men and women and non-discrimination, and sustainable development, as defined in this Regulation.
Amendment 267 #
2011/0276(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) It is useful to specify the types of action that may be undertaken at the initiative of the Commission and of the Member States as technical assistance with support from the CSF Funds. Member States should ensure that an adequate level of technical assistance is allocated to the partners referred to in Article 5 in order to facilitate their involvement and participation in the preparation and implementation of the Partnership Contracts and in the whole programming process. Technical assistance at the initiative of the Commission should support thematic umbrella organizations, non-governmental organizations, social and economic partners and networks and associations representing local, urban and regional authorities working at EU-level on cohesion policy.
Amendment 293 #
2011/0276(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55 a) The modulation of the co-financing rate from the Funds to a priority axis shall take into account the coverage of areas with severe and permanent natural or demographic handicaps, of island Member States eligible under the Cohesion Fund and other islands except those on which the capital of a Member State is situated or which have a fixed link to the mainland, of mountainous areas as defined by the national legislation of the Member State, and of sparsely and very sparsely populated areas and other areas with severe demographic handicaps.
Amendment 294 #
2011/0276(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Objective criteria should be fixed for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) .It shall be possible to adapt this classification for specific areas such as island regions.
Amendment 316 #
2011/0276(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) It is necessary to lay down additional provisions concerning the programming, management, monitoring and control of operational programmes supported by the Funds. Operational programmes should set out priority axes corresponding to thematic objectives and to the horizontal principles relating to compliance with Union and national law, promotion of equality between men and women and non- discrimination, and sustainable development, as defined in this Regulation, elaborate a consistent intervention logic to tackle the development needs identified, and set out the framework for performance assessment. They should also contain other elements necessary to underpin the effective and efficient implementation of these Funds.
Amendment 322 #
2011/0276(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) With a view to strengthening accessibility and transparency of information about funding opportunities and project beneficiaries, and explaining more clearly the thinking behind the European integration process in the areas of regional development and cross- sectoral action, in each Member State a single website or website portal using clear and comprehensible language and providing information on all the operational programmes, including the lists of operations supported under each operational programme, should be made available.
Amendment 360 #
2011/0276(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 2
Part 1 – article 2 – paragraph 2 – point 2
(2) ‘'Common Strategic Framework’' (CSF) means the document translating the objectives and targets of the Union strategy for smart, sustainable and inclusive growth into key actions for the CSF Funds, establishing for each thematic objective the key actions to be supported by each CSF Fund and theAnnex to this Regulation containing a non-exhaustive menu of recommended actions supported by each CSF Fund for the funding period 2014- 2020, which help Member States to achieve the objectives and targets of the Union strategy for smart, sustainable and inclusive growth and particularly the thematic objectives laid down in Article 9 of this Regulation. The document also contains mechanisms forthat help ensuring the coherence and consistency of the programming ofunder the CSF Funds with the economic and employment policies of the Member States and of the Union; the Union with other relevant Union policies and instruments, and coordination among the CSF Funds. In recognition of the different needs of regions and in order to ensure the necessary flexibility for regional sustainable development, the selection of actions from the proposed non-exhaustive menu of recommended actions should be the responsibility of the Member States and regions.
Amendment 361 #
2011/0276(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 4
Part 1 – article 2 – paragraph 2 – point 4
(4) ‘programming’ means the process of organisation, decision-making and allocation of financial resources in several stages, with the involvement of partners and in line with the multi-level governance approach in accordance with Article 5, intended to implement, on a multi- annual basis, the joint action by the Union and the Member States to achieve Union strategy for smart, sustainable and inclusive growth;
Amendment 368 #
2011/0276(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 16
Part 1 – article 2 – paragraph 2 – point 16
(16) ‘'local development strategy’' means a coherent set of operations to meet local objectives and needs and aims at an integrated sustainable development at local level, which contributes to meeting the Union strategy for smart, sustainable and inclusive growth and which is implemented in partnership at the appropspecific sub- regional territoriatel levels;
Amendment 373 #
2011/0276(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 18
Part 1 – article 2 – paragraph 2 – point 18
(18) ‘'Partnership Contract’' means the document prepared by the Member State with the involvement of partners in line with the multi-level governance approach as laid down in Article 5 of this Regulation, which sets out the Member State's strategy, priorities and arrangements for using the CSF Funds in an effective and efficient way to pursue the Union strategy for smart, sustainable and inclusive growth while recognizing the different needs of the regions, and guarantees the necessary flexibility for the sustainable regional development, and which is approved by the Commission following assessment and dialogue with the Member State;
Amendment 379 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 4 – paragraph 1
Part 2 – article 4 – paragraph 1
1. The CSF Funds shall provide support, through multi-annual programmes, which complements national, regional and local intervention, to deliver the Union strategy for smart, sustainable and inclusive growth as well as to fulfil the specific missions of the Funds pursuant to their Treaty-based objectives, taking account of the relevant Integrated Guidelines, the relevant country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the Treaty.
Amendment 381 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 4 – paragraph 2
Part 2 – article 4 – paragraph 2
2. The Commission and the Member States shall ensure that support from the CSF Funds is consistent with the policierelevant policies including the horizontal targets and priorities of the Union and complementary to other instruments of the Union.
Amendment 385 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 4 – paragraph 4
Part 2 – article 4 – paragraph 4
4. Member States and the bodies designated by them for that purpose shall be responsible for preparing and implementing programmes and carrying out their tasks under this Regulation and the Fund-specific rules at the appropriate territorial level, in accordance with the institutional, legal and financial framework of the Member State and subject to compliance with this Regulation and the Fund-specific rules.
Amendment 387 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 4 – paragraph 5
Part 2 – article 4 – paragraph 5
5. Arrangements for the implementation and use of the CSF Funds, and in particular the financial and administrative resources required for the implementation of the CSF Funds, in relation to the reporting, evaluation, management and control shall take into account the principle of proportionality having regard to the level of support allocated and the size of the beneficiary.
Amendment 394 #
2011/0276(COD)
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 effectiveness of the CSF Funds, in particular through monitoring, reporting and evaluation, informing the potential beneficiaries about funding opportunities and making publicly known the role and the achievements of cohesion policy.
Amendment 417 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 5 – paragraph 1 – point c
Part 2 – article 5 – paragraph 1 – point c
(c) bodies representing civil society, including environmental partners, non- governmental organisations, and bodies responsible for promoting gender equality and non-discrimination, and non- governmental organisations promoting social inclusion and organisations active in the areas of culture, education and youth policy.
Amendment 422 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 5 – paragraph 1 a (new)
Part 2 – article 5 – paragraph 1 a (new)
1a. A Member State shall include those institutions, organisations and groups in the Partnership that might influence or might be affected by the implementation of the programmes. Specific attention shall be paid to groups that might be affected by the programmes and may suffer difficulties to influence them, in particular the most vulnernable and marginalised groups.
Amendment 425 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 5 – paragraph 2
Part 2 – article 5 – paragraph 2
2. In accordance with the multi-level governance approach, the partners representing the different territorial levels in accordance with the institutional structure of the Member States shall be involved by Member States in all stages of the preparation of Partnership Contracts and progress reports and in all stages of the preparation, implementation, monitoring and evaluation of programmes. The partners shall participate in the monitoring committees for programmes.
Amendment 433 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 5 – paragraph 3
Part 2 – article 5 – paragraph 3
3. The Commission shall be empowered to adopt, following comprehensive consultation of the partners referred to in paragraph 1 at Union level, delegated acts in accordance with Article 142 to provide for a European code of conduct, based on best practices, that lays down objectives and criteria to support the implementaensure the implementation of partnership during the preparation, implementation monitoring and evalution of pPartnership Contracts and programmes, and to facilitate the sharing of information, experience, results and goodbest practices among Member States.
Amendment 451 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 7 – paragraph 2
Part 2 – article 7 – paragraph 2
The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or, sexual orientation or gender identity during the preparation and implementation of programmes by paying particular attention to those who face multiple discriminations. The accessibility for disabled persons shall be one of the criteria to be observed in defining operations co-financed by the Funds and to be taken into account during the various implementation stages.
Amendment 461 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 8 – paragraph 1
Part 2 – article 8 – paragraph 1
The objectives of the CSF Funds shall be pursued in the framework of integrated sustainable development and the Union's promotion of the aim of protecting and improving the environment, as set out in Articles 11 and 19 of the Treaty, taking into account the polluter pays principle and minimising future external costs for the European society.
Amendment 463 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 8 – paragraph 2
Part 2 – article 8 – paragraph 2
The Member States and the Commission shall, based on existing environmental legislation, ensure that environmental protection requirements, resource efficiency, biodiversity and ecosystem protection, climate change mitigation and adaptation, and ecosystem-based disaster resilience and risk prevention and management are promoted in the preparation and implementation of Partnership Contracts and included as objectives in the programmes. Member States shall provide information on the support for climate change and biodiversity objectives using the methodology adopted by the Commission. The Commission shall adopt this methodology by means of an implementing act. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 143(3). Sustainability shall also be ensured in terms of maintaining and creating employment.
Amendment 480 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 4
Part 2 – article 9 – paragraph 1 – point 4
(4) supporting the shift towards a low- carbon economy in all sectors; climate- compatible, energy-saving economy in all sectors including urban development
Amendment 484 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 5
Part 2 – article 9 – paragraph 1 – point 5
(5) promoting ecosystem-based climate change adaptation, risk prevention and management;
Amendment 487 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 6
Part 2 – article 9 – paragraph 1 – point 6
(6) protecting the environment and, biodiversity and ecosystems, promoting resource efficiency; and cultural resources.
Amendment 492 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 7
Part 2 – article 9 – paragraph 1 – point 7
(7) promoting intermodal sustainable transport and mobility, while focusing on improving existing infrastructure, removing rail bottlenecks in key network infrastructures and filling in missing trans-border links;
Amendment 495 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 8
Part 2 – article 9 – paragraph 1 – point 8
(8) promoting quality employment and supporting labour mobility;
Amendment 500 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 9
Part 2 – article 9 – paragraph 1 – point 9
(9) promoting social inclusion ands well as combating poverty and discrimination;
Amendment 506 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 10
Part 2 – article 9 – paragraph 1 – point 10
(10) investing in education, skills, training and lifelong learning;
Amendment 509 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 11
Part 2 – article 9 – paragraph 1 – point 11
(11) eEnhancing institutional capacity and an efficient and participative public administration and promoting capacity building for social partners, non- governmental organisations, regional and local authorities and other stakeholders, in particular the partners referred to in Article 5 of Regulation (EU) No [CPR...].
Amendment 520 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 10 – paragraph 1
Part 2 – article 10 – paragraph 1
In order to promote the harmonious, balanced and sustainable development of the Union, a Common Strategic Framework shall translate the objectives and targets of the Union strategy for smart, sustainable and inclusive growth into keya non-exhaustive menu of recommended actions for the CSF Funds.
Amendment 522 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 11 – paragraph 1 – point a
Part 2 – article 11 – paragraph 1 – point a
(a) for each thematic objective, the key actions to be supported by each a non- exhaustive menu of recommended actions for the CSF Fund;s.
Amendment 530 #
2011/0276(COD)
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 and sea basin strategies;
Amendment 538 #
Amendment 542 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 12 – paragraph 1
Part 2 – article 12 – paragraph 1
The Commission shall be empowered to adopt a delegated act in accordance with Article 142 on the Common Strategic Framework within 3one months of the adoption of this Regulation.
Amendment 543 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 12 – paragraph 2
Part 2 – article 12 – paragraph 2
Amendment 548 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 12 – paragraph 3
Part 2 – article 12 – paragraph 3
Amendment 559 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 13 – paragraph 2
Part 2 – article 13 – paragraph 2
2. The Partnership Contract shall be drawn up, at all stages of its preparation, by Member States in close cooperation with the partners referred to in Article 5. The Partnership Contract shall be prepared in dialogue with the Commission.
Amendment 563 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 13 – paragraph 4
Part 2 – article 13 – paragraph 4
4. Each Member State shall transmit its Partnership Contract to the Commission within 36 months of the adoption of the Common Strategic Frameworkentry into force of this Regulation.
Amendment 570 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point a – point i
Part 2 – article 14 – paragraph 1 – point a – point i
(i) an analysis of disparities and sustainable development needs with reference to the thematic objectives and key, to the horizontal principles laid down in Articles 6, 7 and 8 of this Regulation and the recommended actions defined in the Common Strategic Framework and, taking into account, the targets set in the relevant country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under Article 148(4) of the Treaty;
Amendment 581 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point a – point iv
Part 2 – article 14 – paragraph 1 – point a – point iv
(iv) the indicative allocation of support by the Union by thematic objective at national level for each of the CSF Funds, as well as the total indicative amount of support foreseen for climate change and biodiversity objectives;
Amendment 590 #
2011/0276(COD)
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 and sea basin strategies;
Amendment 594 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point b – introductory part
Part 2 – article 14 – paragraph 1 – point b – introductory part
(b) an integrated approach to sustainable territorial development supported by the CSF Funds setting out:
Amendment 615 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c
Part 2 – article 14 – paragraph 1 – point c
(c) an integrated sustainable approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or social exclusion, with special regard to marginalised communities, where appropriate, including the indicative financial allocation for the relevant CSF Funds;
Amendment 622 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c a (new)
Part 2 – article 14 – paragraph 1 – point c a (new)
Amendment 623 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point d – point i
Part 2 – article 14 – paragraph 1 – point d – point i
(i) a consolidated table of measurable qualitative and quantitative milestones and targets established in programmes for the performance framework referred to in Article 19(1), together with the methodology and mechanism to ensure consistency across programmes and CSF Funds;
Amendment 628 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point d – point iv
Part 2 – article 14 – paragraph 1 – point d – point iv
(iv) the actions taken to involve the partnersmplement the multilevel governance approach and to involve the partners referred to in Article 5 and their role of the partners in the preparation of the Partnership Contract and the progress report as defined in Article 46 of this Regulation and in the preparation, implementation, evaluation and monitoring of the programmes, in accordance with the European Code of Conduct, including a list of the partners involved, description of the way they have been selected and of their responsibilites, as well as their views on the content of the Partnership Contract and on the implementation of the partnership principle;
Amendment 634 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point d – point iv a (new)
Part 2 – article 14 – paragraph 1 – point d – point iv a (new)
(iv a) an identification of the legal and administrative barriers to the implementation of partnership in the national context and actions envisaged to address these obstacles;
Amendment 636 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point d – point iv b (new)
Part 2 – article 14 – paragraph 1 – point d – point iv b (new)
(iv b) an identification of relevant existing national/regional/local partnership and multilevel governance structures and ways to take them into account;
Amendment 639 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point e – point i
Part 2 – article 14 – paragraph 1 – point e – point i
(i) an assessment of whether there is a need to reinforce the administrative capacity of the authorities and, where appropriate, beneficiaries, beneficiaries and partners referred to in Article 5 of this Regulation, and actions to be taken for this purpose;
Amendment 648 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 15 – paragraph 3 a (new)
Part 2 – article 15 – paragraph 3 a (new)
3a. Where a Member State experiences temporary budgetary difficulties or a severe economic downturn, the Commission may request the Member State concerned to assess whether reviewing and amending its Partnership Contract is appropriate and necessary for achieving the objectives and targets of the Union strategy for smart, sustainable and inclusive growth and the fund-specific missions pursuant to their Treaty-based objectives.
Amendment 651 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 16 – paragraph 1
Part 2 – article 16 – paragraph 1
Member States shall concentrate support, in accordance with the Fund-specific rules, on actions bringing the greatest added value while minimising future external costs for the European society in relation to the Union strategy for smart, sustainable and inclusive growth, addressing the challenges identified in the relevant country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the Treaty, and taking into account national and regional needs and the horizontal principles.
Amendment 664 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 17 – paragraph 2
Part 2 – article 17 – paragraph 2
2. Member States shall assess whether the applicable ex ante conditionalities are fulfilled. The assessment shall be based on a common methodology and involve the partners referred to in Article 5 of this Regulation.
Amendment 701 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 18 – paragraph 1
Part 2 – article 18 – paragraph 1
5% of the resources allocated to each CSF Fund and Member State, with the exception of resources allocated to the European territorial cooperation goal and to Title V of the EMFF Regulation, shall constitute a performance reserve to be allocatedremain with the Commission and to be allocated to the Member States in accordance with Article 20.
Amendment 717 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 20 – paragraph 2
Part 2 – article 20 – paragraph 2
2. On the basis of the review undertaken in 2019, the Commission shall adopt, by 30 June 2019, a decision, by means of implementing acts, to determine for each CSF Fund and Member State the programmes and priorities which have attained their milestones. The Member State shall propose the attribution ofCommission shall allocate to each Member State only the percentage of its performance reserve corresponding to the share of the concerned successful programmes and priorities in the total allocation of a Member State for the concerned Fund or Funds. The Member State shall attribute the performance reserve for theequally to all programmes and priorities set out in thate Commission decision. The Commission shall approve the amendment of the programmes concerned in accordance with Article 26. Where a Member State fails to submit the information in accordance with Article 46(2) and (3), the performance reserve for the programmes or the priorities concerned shall not be allocated.
Amendment 719 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 20 – paragraph 2 a (new)
Part 2 – article 20 – paragraph 2 a (new)
2a. Where the review undertaken in 2019 reveals that a priority of a programme has failed to attain its milestones set for the year 2018, the Commission shall duly consider whether this failure was caused by unforeseeable external factors on which the concerned programme could not take influence, such as an unexpected severe economic downturn, in which cases the performance reserve shall not be retained but allocated to the Member State on whose territory the concerned programme is carried out. The Member State shall attribute the performance reserve then either to the concerned priorities, provided that these are still viable, or, with a due justification, to other priorities of the concerned programme or other programmes.
Amendment 720 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 20 – paragraph 3
Part 2 – article 20 – paragraph 3
Amendment 723 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 20 – paragraph 4
Part 2 – article 20 – paragraph 4
Amendment 727 #
2011/0276(COD)
Proposal for a regulation
Part 2 – chapter 4 – title
Part 2 – chapter 4 – title
Amendment 732 #
Amendment 736 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 22 – title
Part 2 – article 22 – title
Increase in payments for Member States with temporary budgetary difficulties and experiencing a severe economic downturn as referred to in Regulation (EC) No 1466/97 and Regulation (EC) No 1467/97.
Amendment 738 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 22 – paragraph 1 – subparagraph 1 – point c a (new)
Part 2 – article 22 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) Where the Member State concerned experiences a situation of severe economic downturn as referred to in Regulation (EC) No 1466/97 and Regulation (EC) No 1467/97
Amendment 741 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 23 – paragraph 2
Part 2 – article 23 – paragraph 2
2. Programmes shall be drawn up by Member States or any authority designated by them, in cooperation with the partners referred to in Article 5 of this Regulation. This cooperation shall follow the best practices forming the basis of the European Code of Conduct referred to in paragraph 3 of Article 5.
Amendment 751 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 23 – paragraph 3
Part 2 – article 23 – paragraph 3
3. Programmes shall be submitted by the Member States at the same time aswithin three months of the adoption of the Partnership Contract, with the exception of European territorial cooperation programmes, which shall be submitted within sixnine months of the approval of the Common Strategic Framework. All programmes shall be accompanied by the ex ante evaluation as set out in Article 48.
Amendment 761 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 3 – subparagraph 1 – introductory part
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:
Amendment 764 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 3 – subparagraph 2
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.
Amendment 765 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 3 a (new)
Part 2 – article 24 – paragraph 3 a (new)
3a. indicators referring to the horizontal principles in Article 7 and 8
Amendment 766 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 4
Part 2 – article 24 – paragraph 4
4. Each programme, except those which cover exclusively technical assistance, shall include a description of themeasurable qualitative and quantitative targets and milestones for the indicators relating to the horizontal principles set out in Articles 7 and 8, which shall, where appropriate, be added to the programme-specific indicators and specific actions to be taken into account order to comply with the principles set out in Articles 7 and 8.
Amendment 768 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 4 a (new)
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 at all stages of the preparation, implementation, evaluation and monitoring of the programme, in accordance with the European Code of Conduct referred to in Article 5, including a list of the partners involved, how they have been selected, their responsibilites and the views they expressed regarding the content of the programme and regarding the implementation of the partnership principle;
Amendment 770 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 4 b (new)
Part 2 – article 24 – paragraph 4 b (new)
4b. Each programme shall set out evidence that the competent regional and local authorities and the population on whose territory the programme is carried out have been closely involved into the preparation and approval of the programme, their opinions regarding the content of the programmes have been duly considered and a substantiated justification is provided for in cases where the programme is submitted despite serious concerns raised by one or more of the concerned regional, local authorities or the civil society of this territory.
Amendment 771 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 4 c (new)
Part 2 – article 24 – paragraph 4 c (new)
Amendment 772 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 5
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 be based on a carbon-proofing assessment, in accordance to the targets of the Union strategy for smart, sustainable and inclusive growth. The Commission shall define a common methodology for these assessments according to the procedure indicated in Article 143.
Amendment 776 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 24 – paragraph 5 a (new)
Part 2 – article 24 – paragraph 5 a (new)
5a. 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 EU's target to reduce heavy accidents by 50% by 2020.
Amendment 779 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 25 – paragraph 1
Part 2 – article 25 – paragraph 1
1. The Commission shall assess the consistency of programmes with this Regulation, the Fund-specific rules, their effective contribution to the thematic objectives and the Union priorities specific to each CSF Fund, the Common Strategic Framework, the Partnership Contract, the relevant country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the Treaty, taking account of the ex ante evaluation. The assessment shall address, in particular, the adequacy of the programme strategy, the corresponding objectives, indicators, targets and the allocation of budgetary resources.
Amendment 784 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 26 – paragraph 1 – subparagraph 1
Part 2 – article 26 – paragraph 1 – subparagraph 1
Requests for amendment of programmes submitted by a Member State shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the Union strategy for smart, sustainable and inclusive growth and sustainable development and the specific objectives defined in the programme, taking account of the Common Strategic Framework and the Partnership Contract. TheyRequests shall be accompanied by the revised programme and, where appropriate, a revised Partnership Contractmade according to the requirements laid down in Article 24, in particular those related to the horizontal principals including the Partnership principle and the multi-level governance approach referred to in Article 5.
Amendment 789 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 27 – paragraph 1
Part 2 – article 27 – paragraph 1
1. The EIB may, at the request of Member States, participate in the preparation of the Partnership Contract, as well as in activities relating to the preparation of operations, in particular major projectslarge and small-scale projects which offer significant potential for innovation, financial instruments and public-private partnerships.
Amendment 791 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 27 – paragraph 3
Part 2 – article 27 – paragraph 3
3. The Commission may request the EIB to examine the technical quality and economic and, financial viability and sustainability of major projects and to assist it as regards the financial instruments to be implemented or developed.
Amendment 799 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 28 – paragraph 1 – point b
Part 2 – article 28 – paragraph 1 – point b
(b) community-led, by local action groups composed of representatives of public and private local socio-economic interests, where at the decision-making level neither the public sector nor any single interest group shall represent more than 49 % of the voting rights; local action groups include existing LEADER-groups already qualified under Leader II1 or Leader+2 or Article 62 of COUNCIL REGULATION (EC) No 1698/2005 (EAFRD)3; _____________ 1 Commission notice to the Member States laying down guidelines for global grants or integrated operational programmes for which Member States are invited to submit applications for assistance in the framework of a Community initiative for rural development (Leader II) (OJ C 180, 1.7.1994, p. 48). 2 Commission notice to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader+) (OJ C 139, 18.5.2000, p. 5). Notice as last amended by Commission communication amending the notice to the Member States of 14 April 2000 laying down guidelines for the Community Initiative for rural development (Leader+) (OJ C 294, 4.12.2003, p. 11). 3 COUNCIL REGULATION (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
Amendment 804 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 28 – paragraph 1 – point c
Part 2 – article 28 – paragraph 1 – point c
(c) carried out through integrated and multi-sectoral area-based local sustainable development strategies taking into account the long term effects;
Amendment 805 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 28 – paragraph 1 – point d
Part 2 – article 28 – paragraph 1 – point d
(d) designed taking into consideration local needs and potential, and include innovative and socio-cultural features in the local context, networking and, where appropriate, cooperation.
Amendment 809 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 29 – paragraph 1 – introductory part
Part 2 – article 29 – paragraph 1 – introductory part
1. A local sustainable development strategy shall contain at least the following elements:
Amendment 816 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 29 – paragraph 1 – point c
Part 2 – article 29 – paragraph 1 – point c
(c) a description of the strategy and its objectives, a description of the integrated and innovative character of the strategy and a hierarchy of objectives, including clear and measurable targets for outputs or results. The strategy shall be coherent with the relevant programmes of all the CSF Funds involved and with the horizontal targets laid down in Articles 6, 7 and 8 of this Regulation;
Amendment 820 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 29 – paragraph 2
Part 2 – article 29 – paragraph 2
2. Member States shall define criteria for the selection of local sustainable development strategies. The Fund-specific rules may set out selection criteria.
Amendment 822 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 29 – paragraph 3
Part 2 – article 29 – paragraph 3
3. Local sustainable development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes. The partners referred to in Article 5 shall be appropriately represented in this committee.
Amendment 823 #
2011/0276(COD)
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 strategielocal sustainable development strategies designed and implemented by existing local action groups shall be completed by 31 December 2015 at the latest, the selection and approval for local development strategies proposed by newly established local action groups shall be completed by 31 December 20156 at the latest.
Amendment 825 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 29 – paragraph 5
Part 2 – article 29 – paragraph 5
5. The decision to approve a local sustainable development strategy by the managing authority shall set out the allocations of each CSF Fund. It shall also set out the roles of the authorities responsible for the implementation of the relevant programmes for all implementation tasks relating to the strategy.
Amendment 829 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 30 – paragraph 1 – subparagraph 1
Part 2 – article 30 – paragraph 1 – subparagraph 1
Local action groups shall design and implement the local sustainable development strategies.
Amendment 837 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 30 – paragraph 3 – point b
Part 2 – article 30 – paragraph 3 – point b
(b) drawing up a gender equality-based, non-discriminatory and transparent selection procedure and criteria for the selection of operations, which avoid conflicts of interest, that shall ensure that at least 50% 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 839 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 30 – paragraph 3 – point c
Part 2 – article 30 – paragraph 3 – point c
(c) ensuring coherence with the local sustainable development strategy when selecting operations, by prioritising them according to their contribution to meeting the strategies' objectives and targets;
Amendment 848 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 32 – paragraph 1 – subparagraph 2
Part 2 – article 32 – paragraph 1 – subparagraph 2
Financial instruments may be combined with grants, interest rate subsidies, microcredits and guarantee fee subsidies. In this case, separate records must be maintained for each form of financing.
Amendment 851 #
2011/0276(COD)
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 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, microcredits 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 860 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 33 – paragraph 4 – subparagraph 1 – point a
Part 2 – article 33 – paragraph 4 – subparagraph 1 – point a
(a) invest in the capital of existing or newly created legal entities, including those financed from other CSF Funds or other EU instruments, dedicated to implementing financial instruments consistent with the objectives of the respective CSF Funds, which will undertake implementations tasks; the support to such investments shall be limited to the amounts necessary to implement new financial instruments consistent with the objectives of this Regulation; or
Amendment 920 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 39 – paragraph 1
Part 2 – article 39 – paragraph 1
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 budget of the European Union.
Amendment 926 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 40 – paragraph 2 – point c – indent 1 (new)
Part 2 – article 40 – paragraph 2 – point c – indent 1 (new)
- (d) identification of the beneficiaries and the amount of public funding allocated to them;
Amendment 931 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 40 – paragraph 2 a (new)
Part 2 – article 40 – paragraph 2 a (new)
2a. The specific report shall be made public in its entirety.
Amendment 934 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 42 – paragraph 1 – subparagraph 1
Part 2 – article 42 – paragraph 1 – subparagraph 1
The monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners referred to in Article 5, in particular considering partners involved in the preparation of the concerned programmes. Each member of the monitoring committee shall have a voting right. Member states shall ensure the gender equality at this body.
Amendment 942 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 42 – paragraph 1 a (new)
Part 2 – article 42 – paragraph 1 a (new)
1 a. The partners shall select and appoint their members representing them in the monitoring committee.
Amendment 943 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 42 – paragraph 1 b (new)
Part 2 – article 42 – paragraph 1 b (new)
1b. The list of members of the monitoring committee shall be published.
Amendment 946 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 43 – paragraph 1
Part 2 – article 43 – paragraph 1
1. The monitoring committee shall meet at least once twice a year and shall review implementation of the programme and progress towards achieving its objectives and the implementation of the horizontal principles laid down in Articles 6, 7 and 8 of this Regulation. In doing so, it shall have regard to the financial data, common and programme- specific indicators, including changes in result indicators and progress towards quantified target values, and the milestones defined in the performance framework.
Amendment 948 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 43 – paragraph 2
Part 2 – article 43 – paragraph 2
2. The monitoring committee shall examine in detail all issues that affect the performance of the programme, including the performance review.
Amendment 953 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 43 – paragraph 4 a (new)
Part 2 – article 43 – paragraph 4 a (new)
4a. The monitoring committee shall approve the annual reports on the implementation of the programmes referred to in Article 44 and the progress reports referred to in Article 46.
Amendment 959 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 44 – paragraph 2
Part 2 – article 44 – paragraph 2
2. Annual implementation reports shall set out information on implementation of the programme and its priorities by reference to the financial data, common and programme-specific indicators and quantified target values, including changes in result indicators, and the milestones defined in the performance framework. The data transmitted shall relate to values for indicators for fully implemented operations and also for selected operations. All personal data has to be broken down by gender. They shall also set out actions taken to fulfil the ex-ante conditionalities and any issues which affect the performance of the programme, and the corrective measures taken, and actions taken for administrative simplification.
Amendment 965 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 44 – paragraph 3 a (new)
Part 2 – article 44 – paragraph 3 a (new)
3a. The annual implementation report shall assess the role of the partners referred to in Article 5 in the implementation of the programme, including a list of the partners involved, their responsibilities and the opinions they expressed regarding the implementation of the programme and of the partnership principle and how these views have been taken into account;
Amendment 971 #
2011/0276(COD)
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 tThe annual and the final implementation reports shall be made public in their entirety.
Amendment 978 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 46 – paragraph 2 – point b
Part 2 – article 46 – paragraph 2 – point b
(b) progress towards achievement of the Union strategy for smart, sustainable and inclusive growth, in particular in respect of the measurable qualitative and quantitative milestones set out for each programme in the performance framework including for the indicators referring to the horizontal principles laid down in Articles 7 and 8 and the support used for climate change objectives;
Amendment 989 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 46 – paragraph 2 – point h
Part 2 – article 46 – paragraph 2 – point h
(h) the role of the partners referred in Article 5 in the implementation of the Partnership Contract. , including a list of the partners involved, their responsibilities and their view on the implementation of the programme and of the partnership principle and how these views have been taken into account;
Amendment 994 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 46 – paragraph 3
Part 2 – article 46 – paragraph 3
3. Where the Commission determines, within threone months of the date of submission of the progress report that the information submitted is incomplete or unclear, it may request additional information from the Member State. The Member State shall provide to the Commission the information requested within three months and, where appropriate, shall revise the progress report accordingly.
Amendment 996 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 46 – paragraph 5
Part 2 – article 46 – paragraph 5
5. In 2018 and 2020, the Commission shall include in its Annual Progress Report to the spring meeting of the European Council a section summarising the strategic report, in particular with regard to progress made towards Union strategy for smart, sustainable and inclusive growth and the targets of the flagships within the Union strategy for smart, sustainable and inclusive growth.
Amendment 998 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 47 – paragraph 1
Part 2 – article 47 – paragraph 1
1. Evaluations shall be carried out to improve the quality of the design and implementation of programmes, as well as to assess their effectiveness, efficiency and impact. Impact of programmes shall be evaluated in accordance with the mission of the respective CSF Funds in relation to the targets for the Union strategy for smart, sustainable and inclusive growth33 as well as in relation to the climate targets, to the indicators relating to horizontal principles, to the Gross Domestic Product (GDP) and unto the employment, where appropriate. and qualitative jobs targets, where appropriate. Member States may use additional indicators, including indicators related to the social or environmental impact of programmes.
Amendment 1011 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point a
Part 2 – article 48 – paragraph 3 – point a
(a) the contribution to the Union strategy for smart, sustainable and inclusive growth, having regard to the selected thematic objectives, the horizontal principles laid down in Articles 6, 7, 8 of this Regulation and priorities, taking into account national and regional needs;
Amendment 1014 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point d
Part 2 – article 48 – paragraph 3 – point d
(d) the consistency of the selected thematic objectives, the priorities and corresponding objectives of the programmes withand the horizontal principles laid down in Articles 6, 7 and 8 of this Regulation, the Common Strategic Framework, the Partnership Contract and the country- specific recommendations under Article 121(2) of the Treaty and the Council recommendations adopted under Article 148(4) of the Treaty;
Amendment 1021 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point l
Part 2 – article 48 – paragraph 3 – point l
(l) the adequacsuitability of planned measures to promote equal opportunitiesity between men and women and to prevent discrimination, including measures to remove barriers to accessibility for persons with disabilities;
Amendment 1025 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point m
Part 2 – article 48 – paragraph 3 – point m
(m) the adequacsuitability of planned measures to promote sustainable development and the prevention of additional future external costs to the European society in accordance with Article 8 of this Regulation.
Amendment 1027 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point m a (new)
Part 2 – article 48 – paragraph 3 – point m a (new)
(ma) the suitability of planned or taken measures to involve partners referred to in Article 5 in the preparation, implementation, evaluation and monitoring of the Partnership Contract and the programmes.
Amendment 1029 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 48 – paragraph 4
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 environment34 and shall include assessments of the effects of programmes on climate change..
Amendment 1035 #
2011/0276(COD)
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 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 the targets of the flagships of the Union strategy for smart, sustainable and inclusive growth and the specific requirements established in the Fund-specific rules. Ex post evaluations shall be completed by 31 December 2023.
Amendment 1039 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point f
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point f
(f) actions to disseminate information, support networking, carry out communication activities, raise awareness and promote cooperation and exchange of experience, including civil society organisations, including with third countries. To bring about greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the resources allocated to communication actions under this Regulation shall also contribute to covering the corporate communication of the political priorities of the European Union as far asprovided that theyse are related to the general objectives of this Regulation;
Amendment 1044 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point j a (new)
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point j a (new)
(j a) assistance to thematic umbrella organizations and non-governmental organizations, economic and social partners and networks and associations representing local, urban and regional authorities, working at EU-level on cohesion policy, to support the networking with national and regional partners in the monitoring committee and to promote a structured dialogue among them and with the Commission. Moreover, the assistance may include the promotion of exchanges of views and of cooperation between partners working on specific themes issues in existing and new thematic networks.
Amendment 1045 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point j b (new)
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point j b (new)
(j b) assistance to support exchanges of views and cooperation in existing and new thematic networks of composed by local actions groups referred to in Article 30 of this Regulation.
Amendment 1049 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 52 – paragraph 1
Part 2 – article 52 – paragraph 1
1. At the initiative of a Member State, the CSF Funds may support actions for preparation, management, monitoring, evaluation, information and communication, networking, complaint resolution, and control and audit. The CSF Funds may be used by the Member State to support actions for the reduction of administrative burden for beneficiaries, including electronic data exchange systems, and actions to reinforce the capacity of Member State authorities, partners referred to in Article 5 and beneficiaries to administer and use the CSF Funds. Moreover, the exchange of views and of best practices amongst local actions groups referred to in Article 30 shall be promoted at national level. These actions may concern preceding and subsequent programming periods.
Amendment 1052 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 52 – paragraph 1 a (new)
Part 2 – article 52 – paragraph 1 a (new)
1a. Each Member State shall ensure that an adequate level of technical assistance in its operational programmes is allocated to partners referred to in Article 5 paragraph 1 a), b) and c) of this Regulation in order to facilitate the involvement and participation of these partners in the preparation and implementation of the Partnership Contracts and in the preparation, implementation, monitoring and evaluation of programmes.
Amendment 1057 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 54 – paragraph 1 – subparagraph 1 – point b
Part 2 – article 54 – paragraph 1 – subparagraph 1 – point b
(b) calculation of the current value of the net revenue of the operation, taking into account the appinternalicsation of theexternal social and environmental costs for all modes of transport and polluter- pays principle and, if appropriate,s well as considerations of equity linked to the relative prosperity of the Member State concerned.
Amendment 1094 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 59 – paragraph 3 – point c
Part 2 – article 59 – paragraph 3 – point c
(c) value added tax. However, VAT amounts shall be eligible where they are not recoverable under national VAT legislation and are paid by a beneficiary other than non-taxable person as defined in the first subparagraph of Article 13(1) of Directive 2006/112/EC, provided that such VAT amounts are not incurred in relation to the provision of infrastructure.
Amendment 1100 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 60 – paragraph 2 – point b
Part 2 – article 60 – paragraph 2 – point b
(b) the total amount allocated under the programme to operations located outside the programme area does not exceed 10 % of the support from the ERDF, Cohesion Fund and EMFF at the level of the priority, or 35% of the support from the EAFRD at the level of the programme;
Amendment 1105 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
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 fiveten 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:
Amendment 1109 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 2
Part 2 – article 61 – paragraph 2
2. Operations supported by the ESF and operations supported by the other CSF Funds that are not investment in infrastructure or productive investments shall repay the contribution from the Fund only where they are subject to an obligation for maintenance of investment under the applicable State aid rules and where they undergo a cessation or relocation of a productive activity within the period laid down in those ruleten years.
Amendment 1110 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 3
Part 2 – article 61 – paragraph 3
3. Paragraphs 1 and 2 shall not apply to contributions to or by financial instruments or to any operation which undergoes cessation of a productive activity due to a non- fraudulent bankruptcy.
Amendment 1196 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 82 – paragraph 2 – subparagraph 2
Part 3 – article 82 – paragraph 2 – subparagraph 2
The three categories of regions are determined on the basis of how their GDP per capita, measured in purchasing power parities and calculated on the basis of Union figures for the period 2006 to 2008the latest available three-year period of Union figures, relates to the average GDP of the EU-27 for the same reference period.
Amendment 1201 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 82 – paragraph 3 – subparagraph 1
Part 3 – article 82 – paragraph 3 – subparagraph 1
The Cohesion Fund shall support those Member States whose gross national income (GNI) per capita, measured in purchasing power parities and calculated on the basis of Union figures for the period 2007 to 2009the latest three-year period Union figures, is less than 90 % of the average GNI per capita of the EU-27 for the same reference period.
Amendment 1210 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 83 – paragraph 2
Part 3 – article 83 – paragraph 2
2. The Commission shall adopt a decision, by means of implementing acts, setting out the annual breakdown of the global resources by Member State under the Objective "Investment for growth and employment", without prejudice to paragraph 3 of this Article and Article 84(7), and by cooperation programme under the Objective "Territorial Cooperation".
Amendment 1246 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – introductory part
Part 3 – article 84 – paragraph 2 – introductory part
2. The following criteria shall be used for the breakdown by Member State, based on gender-related sensitive statistics:
Amendment 1249 #
2011/0276(COD)
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, net adjusted disposable income per inhabitant, and unemployment rate for less developed regions and transition regions;
Amendment 1260 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point b
Part 3 – article 84 – paragraph 2 – point b
(b) eligible population, regional prosperity, unemployment rate, employment rate, educational levelducational level, net adjusted disposable income per inhabitant, social fragility, demographic vulnerability and population density for more developed regions;
Amendment 1341 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1
Part 3 – article 87 – paragraph 1
1. An operational programme shall consist of priority axes. A priority axis shall concern one Fund for aand one category of region, and shall correspond, without prejudice to Article 52, to a thematic objective and comprise one or more investment priorities of that thematic objective, in accordance with the Fund- specific rules. For the ESF, aA priority axis may combine investment priorities from different thematic objectives set out in Article 9(8), (9), (10) and (11) in order to facilitate their contribution to other priority axes, in duly justified circumstances., where necessary to increase impact and effectiveness in a thematically coherent integrated approach to pursuing the objectives and targets of the Union strategy for smart, sustainable and inclusive growth:
Amendment 1347 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1 – point a (new)
Part 3 – article 87 – paragraph 1 – point a (new)
(a) concern more than one category of region;
Amendment 1348 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1 – point b (new)
Part 3 – article 87 – paragraph 1 – point b (new)
(b) combine one or more complementary investment priorities from the ERDF, CF and ESF under one thematic objective;
Amendment 1349 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1 – point c (new)
Part 3 – article 87 – paragraph 1 – point c (new)
(c) combine one or more complementary investment priorities from different thematic objectives up to 20 % of the EU contribution to an operational programme, in particular for those parts of the contribution that are dedicated to an integrated approach of territorial development;
Amendment 1350 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1 – point d (new)
Part 3 – article 87 – paragraph 1 – point d (new)
(d) For the ESF [...] combine investment priorities from different thematic objectives set out in Article 9(8), (9), (10) and (11) in order to facilitate their contribution to other priority axes [...].
Amendment 1351 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1 – point e (new)
Part 3 – article 87 – paragraph 1 – point e (new)
(e) Member States may set up a single priotity axis in an operational programme for the Technical Assistance as described in Article 52; these priority axis shall not apply to paragraph 2(b)(i), (ii), (iv), (c) (ii) - (via) and (e) (i)-(iia) of this Article;
Amendment 1352 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1 – subparagraph 1 (new)
Part 3 – article 87 – paragraph 1 – subparagraph 1 (new)
Member States may combine two or more of the options a)-d).
Amendment 1354 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point a – point i
Part 3 – article 87 – paragraph 2 – point a – point i
(i) an identification of needs addressing the challenges identified in the country- specific recommendations under Article 121(2) and the Council recommendationand the broad guidelines of the economic policies of the Member States and of the Union under Article 121(2) and the Council recommendations and guidelines which the Member States shall take into account in their employment policies adopted under Article 148(4) of the Treaty, andin particular taking into account the Integrated Guidelines and nationalneeds for sustainable development of the concerned Member States and/or regional specificities;s.
Amendment 1357 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point a – point ii
Part 3 – article 87 – paragraph 2 – point a – point ii
(ii) a justification of the choice of thematic objectives and corresponding investment priorities, having regard to the Partnership Contract and the results of the ex ante evaluation, according to the sustainable development needs of the Member States and/or regions, where appropriate;
Amendment 1361 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point b – point i
Part 3 – article 87 – paragraph 2 – point b – point i
(i) the investment priorities and corresponding specific objectives, in accordance with the different options laid down in paragraph 1 of this Article;
Amendment 1363 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – introductory part
Part 3 – article 87 – paragraph 2 – point c – introductory part
(c) the contribution to the integrated approach for territorial development set out in the Partnership Contract, including:
Amendment 1366 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point i
Part 3 – article 87 – paragraph 2 – point c – point i
(i) the mechanisms that ensure coordination between the CSF-Funds, the EAFRD, the EMFF within one or in more than one priority axis and the mechanisms that ensure coordination between the Funds and other Union and national funding instruments, and with the EIB;
Amendment 1369 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point ii
Part 3 – article 87 – paragraph 2 – point c – point ii
(ii) where appropriate, a planned integrated approach to the territorial development of urban, rural, coastal and fisheries areas and areas with particular territorial features, in particular the implementation arrangements for Articles 28 and 29 and the mechanisms contributing to integrated territorial investment (ITI) referred to in Article 99 of this Regulation, including those under Article 12 Par.1 of Regulation (EU) No [ESF] including the indicative annual allocation of each Fund to integrated actions;
Amendment 1372 #
2011/0276(COD)
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 citiesfunctional urban areas, where integrated actions for sustainable, inclusive urban development will be implemented, in accordance with article 7 of Regulation (EU) No (ERDF), provided that the local authorities or existing bodies managing the functional urban areas where the integrated actions are to be implemented have given their consent; 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 shall be added;
Amendment 1379 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point iv
Part 3 – article 87 – paragraph 2 – point c – point iv
(iv) the identification of the areas in which community-led local development will be implemented and of the implementation arrangements for Articles 28 and 29, including the indicative annual allocation of each Funds for integrated actions;
Amendment 1381 #
2011/0276(COD)
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 all forms of macro regional strategies and sea basin strategies;
Amendment 1385 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point vi a (new)
Part 3 – article 87 – paragraph 2 – point c – point vi a (new)
(vi a) the contribution to the integrated approach set out in the Partnership Contract to address the specific needs of geographical areas most affected by poverty or target groups at highest risk of discrimination or exclusion, with special regard to marginalised communities, and the indicative financial allocation;
Amendment 1386 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point d
Part 3 – article 87 – paragraph 2 – point d
Amendment 1392 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point e – point i a (new)
Part 3 – article 87 – paragraph 2 – point e – point i a (new)
(i a) the results of the Strategic Environmental Assessment of the operational programme carried out in accordance with the Directive 2001/42/EC;
Amendment 1394 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point e – point iii
Part 3 – article 87 – paragraph 2 – point e – point iii
(iii) the actions taken to involve the partners in the preparation of the operational programme, and the role of the partners in the implementation, monitoring and evaluation of the operational programme, implementation, monitoring and evaluation of the operational programme in accordance with the European code of conduct referred to in Article 5, including a list of the partners involved, information on how they have been selected, their responsibilites and their views;
Amendment 1397 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point f – point i
Part 3 – article 87 – paragraph 2 – point f – point i
(i) the planned use of the option laid down in paragraph 1 (e) of this Article on technical assistance including, and planned actions to reinforce the administrative capacity of authorities and beneficiaries, beneficiaries and partners referred to in Article 5 in accordance with the European code of conduct, with the relevant information referred to in paragraph 2 (b) for the priority axis concerned;
Amendment 1399 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point f – point ii
Part 3 – article 87 – paragraph 2 – point f – point ii
(ii) an assessmentthe actions planned to achieve a reduction of the administrative burden for beneficiaries and the actions planned to achieve a reduction accompanied by targets;
Amendment 1403 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point g – point ii
Part 3 – article 87 – paragraph 2 – point g – point ii
(ii) a table specifying, for the whole programming period, for the operational programme and for each priority axis, the amount of the total financial appropriation of the support from the Funds and the national co-financing. For priority axes which concern more than one category of region, the table shall specify the different amounts from each Fund and the respective co-financed amounts for each category of region. For priority axes which combine one or more complementary investment priorities from different CSF Funds, the table shall specify the amounts from each Funds. Where the national co-financing is made up of public and private co-financing, the table shall give the indicative breakdown between the public and the private components. It shall show, for information purposes, the envisaged participation from the EIB;
Amendment 1409 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point i
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point i
(i) a description of specific actions to take into account environmental protection requirements, resource efficiency, biodiversity protection, ecosystem-based climate change mitigation and adaptation, disaster resilience and risk prevention and management, in the selection of operations;
Amendment 1413 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point ii
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point ii
(ii) a description of the specific actions to promote equal opportunities and prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or, sexual orientation or gender identity during the preparation, design and implementation of the operational programme and in particular in relation to access to funding, taking account of the needs of the various target groups at risk of such discrimination and in particular the requirements of ensuring accessibility for disabled persons;
Amendment 1418 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point iii
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point iii
(iii) a description of its contribution to the promotion of equality between men and women and, where appropriate, the arrangements to ensure the integration of gender perspective at operational programme and operation level and a description of the specific actions put in place to promote equality between men and women.
Amendment 1423 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 3 – subparagraph 2
Part 3 – article 87 – paragraph 3 – subparagraph 2
Member States shall submit an opinion of the national equality bodies and partners referred to in Article 5 of this Regulation, on the measures set out in points (i), (ii) and (iii), toghether with the proposal for an operational programme under the Investment for growth and jobs goal.
Amendment 1426 #
2011/0276(COD)
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 a priority axis of an operational programme in cases where the priority axis corresponds to the option laid down in paragraph 1 (b) of Art. 87 and to a limit of 20 % of Union funding for each a priority axis of an operational programme in cases where the priority axis corresponds to the option laid down in paragraph 1 (c) of Article 87, 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 1440 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point d
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point d
(d) information on the feasibility studies carried out, including the options analysis, the results, and independent quality review, the long-term social impact, the long-term impact for public budgets and coherence with regional und local sustainable development;
Amendment 1441 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point e
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point e
(e) a cost-benefit analysis, including an economic and a financial analysis, an analysis of the application of the polluter- pays principle and of the internalisation of external environmental and social costs, and a risk assessment;
Amendment 1442 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point f
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point f
(f) an analysis of the environmental impact in accordance with Directives 85/337/EEC and 97/11/EC, taking into account climate change adaptation and mitigation needs, biodiversity protection, resource efficiency and disaster resilience;
Amendment 1446 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point i a (new)
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point i a (new)
(i a) a description of how and to what extent the partners referred to in Article 5 are involved in the decision on major projects, including a list of the partners involved, how they have been selected, their responsibilites and their views on the content of the programme and on the implementation of the partnership principle;
Amendment 1463 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 93 – paragraph 2
Part 3 – article 93 – paragraph 2
2. The public support allocated to a joint action plan shall be a minimum of EUR 10 000 000 or 20 % of the public support of the operational programme or programmes, whichever is lower. The public support allocated to one joint action plan per Member State may be a minimum of EUR 5 000 000.
Amendment 1470 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 94 – paragraph 2
Part 3 – article 94 – paragraph 2
2. A joint action plan shall cover the entire programming period or part of the period between 1 January 2014 and 31 December 2022. The outputs and results of a joint action plan shall give rise to reimbursement only if attained after the date of the decision of approval of the joint action plan and before the end of the implementation period defined.
Amendment 1475 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 95 – paragraph 1 – point 6
Part 3 – article 95 – paragraph 1 – point 6
(6) an analysis of the effects of the joint action plan on the promotion of equality between men and women and the prevention of discrimination; referred to in Article 7
Amendment 1478 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 95 – paragraph 1 – point 7
Part 3 – article 95 – paragraph 1 – point 7
(7) an analysis of the effects of the joint action plan on the promotion of sustainable development, where appropriate referred to in Article 8;
Amendment 1481 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 95 – paragraph 1 – point 9 a (new)
Part 3 – article 95 – paragraph 1 – point 9 a (new)
(9 a) measures taken or planned in order to involve the partners referred to in Article 5 of this Regulation in the preparation, implementation, evaluation and monitoring of the joint action plan, including in their role as members monitoring committee.
Amendment 1489 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 97 – paragraph 2 – point b
Part 3 – article 97 – paragraph 2 – point b
(b) consider and approve any proposal to amend the joint action plan in order to take account of any issues affecting its performance and transmit the results to the monitoring committee.
Amendment 1491 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 98 – paragraph 2
Part 3 – article 98 – paragraph 2
2. The financial management, control and audit of the joint action plan shall aim exclusively at verifying that the conditions for payments defined in the decision approving the joint action plan have been fulfilled. Besides that, concerned Member States or regions concerned may decide about stages of fulfillments of the requirements of a joint action plan and an annual or multiannual period for payments.
Amendment 1497 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 99 – paragraph 1
Part 3 – article 99 – paragraph 1
1. Where an urban development strategy or other territorial strategy or pact as defined in Article 12(1) of Regulation…...[ESF] requires an integrated approach as referred to in Art. 87 paragraphs 1 (b), (c) and (d), involving investments under more than onone or more priority axis of one or more operational programmes, the action shall be carried out as an integrated territorial investment (an ‘'ITI’').
Amendment 1501 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 99 – paragraph 2
Part 3 – article 99 – paragraph 2
2. The relevant operational programmes shall identify the ITIs planned and shall set out the indicative financial allocation from eachwithin each priority axis or within the priority axeis to eachinvolved to the planned ITI.
Amendment 1507 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 99 – paragraph 3
Part 3 – article 99 – paragraph 3
3. The Member State or the managing authority may designate one or more intermediate bodies, including local authorities, regional development bodies, or non-governmental organisations or local action groups referred to in Article 30, to carry out the management and implementation of an ITI. The coherence of the ITI with regional sustainable development strategies at regional level has to be ensured.
Amendment 1510 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 99 – paragraph 4
Part 3 – article 99 – paragraph 4
4. The Member State or the relevant managing authorities shall ensure that the monitoring system for the operational programme provides for the identification of operations and outputs of a priority axis contributing to an ITI.
Amendment 1514 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point f
Part 3 – article 100 – paragraph 1 – point f
(f) actions to promotensure equality between men and women, equal opportunities, and non- discrimination, including accessibility for disabled persons;
Amendment 1519 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point i
Part 3 – article 100 – paragraph 1 – point i
(i) the implementation of financial instruments.
Amendment 1520 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 100 – paragraph 2 – point b
Part 3 – article 100 – paragraph 2 – point b
(b) the annual and final implementation reports and the progress reports in 2017 and 2019;
Amendment 1537 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 101 – paragraph 3 – point i
Part 3 – article 101 – paragraph 3 – point i
(i) progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or social exclusion, with special regard to marginalised communities including, where appropriate, the financial resources used;
Amendment 1569 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 105 – paragraph 1 – point c a (new)
Part 3 – article 105 – paragraph 1 – point c a (new)
(c a) informing the public about the timelines for programming and about the expected timelines of all related public consultation processes at all stages of the preparation of the Partnership Contract and the programmes;
Amendment 1571 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 105 – paragraph 1 a (new)
Part 3 – article 105 – paragraph 1 a (new)
1a. The EU institutions and the advisory bodies shall organise raising awareness actions in order to explain how cohesion policy works.
Amendment 1590 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 109 – paragraph 2
Part 3 – article 109 – paragraph 2
2. Technical assistance shall take the form of a mono-fundpart of a priority axis or a priority axis within an operational programme or of a specific operational programme.
Amendment 1593 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 1
Part 3 – article 110 – paragraph 1
1. The Commission decision adopting an operational programme shall fix the co- financing rate and the maximum amount of support from each Funds for each priority axis.
Amendment 1601 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Amendment 1623 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 5
Part 3 – article 110 – paragraph 5
5. The maximum co-financing rate under paragraph 3 at the level of a priority axis shall be increased by ten percentage points, where the whole of a priority axis is delivered through financial instruments, or through community-led local development.
Amendment 1625 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 7
Part 3 – article 110 – paragraph 7
7. AOnly in cases referring to Article 22 a separate priority axis with a co- financing rate of up to 100% may be established within an operational programme to support operations implemented through financial instruments set up at Union level and managed directly or indirectly by the Commission. Where a separate priority is established for this purpose, the support under this axis may not be implemented by any other means.
Amendment 1628 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 111 – paragraph 1 – point 1
Part 3 – article 111 – paragraph 1 – point 1
(1) the importance of the priority axis for the delivery of the Union strategy for smart, sustainable and inclusive growth, having regard to the specific gaps to be addressedin achieving the targets of the flagships initiatives of the Union strategy for smart, sustainable and inclusive growth;
Amendment 1634 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 111 – paragraph 1 – point 4 – point c a (new)
Part 3 – article 111 – paragraph 1 – point 4 – point c a (new)
(c a) other areas with severe demographic handicaps.
Amendment 1664 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 113 – paragraph 7
Part 3 – article 113 – paragraph 7
7. The Member State or the managing authority may entrust the management of part of an operational programme to an intermediate body by way of an agreement in writing between the intermediate body and the Member State or managing authority (a ‘'global grant’)'), including local authorities, regional development bodies or non-governmental organisations. With the view of facilitating access to Structural Funds for small non- governmental organisations, the management authority shall promote the use of small and tailor-made global grants. The intermediate body shall provide guarantees of its solvency and competence in the domain concerned, as well as its administrative and financial management.
Amendment 1670 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 114 – paragraph 2 – point a
Part 3 – article 114 – paragraph 2 – point a
(a) support the work of the monitoring committee and provide itin particular ensure that the partners referred to in Article 5 of this Regulation, in accordance with the European code of conduct, have the necessary capacity to participate in the preparation, implementation, monitoring and evaluation of the Partnership Contract and the programmes, and provide the monitoring committee with the information it requires to carry out its tasks, in particular data relating to the progress of the operational programme in achieving its objectives, financial data and data relating to indicators and milestones;
Amendment 1671 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 114 – paragraph 2 – point e
Part 3 – article 114 – paragraph 2 – point e
(e) ensure that the data referred to in point (d) is collected, entered and stored in the system, and that data on indicators is broken down by gender where required by Annex I of the ESF Regulation.
Amendment 1673 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 114 – paragraph 3 – point a – introductory part
Part 3 – article 114 – paragraph 3 – point a – introductory part
(a) together with the monitoring committee, draw up and, once approved, apply appropriate selection procedures and criteria that:
Amendment 1676 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 114 – paragraph 4 – point c
Part 3 – article 114 – paragraph 4 – point c
(c) put in place effective and proportionate anti-fraud measures taking into account the risks identified, such as an independent office receiving information by whistle blowers;
Amendment 1708 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point b
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point b
(b) in 2015: 13 % of the amount of support from the Funds for the entire programming period to the operational programme;
Amendment 1715 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point c
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point c
(c) in 2016: 13 % of the amount of support from the Funds for the entire programming period to the operational programme.
Amendment 1721 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 126 – paragraph 5
Part 3 – article 126 – paragraph 5
5. Subject to available funding, the Commission shall make thput in place effective and proportionate ianterim payment no later than 60 days after the date on which a payment application is registered with the Commission.i-fraud measures taking into account the risks identified, such as an independent office receiving information by whistle blowers;
Amendment 1755 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point f
Part 3 – article 134 – paragraph 1 – point f
Amendment 1761 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point g
Part 3 – article 134 – paragraph 1 – point g
Amendment 1808 #
2011/0276(COD)
Proposal for a regulation
Annex I – point 3 – indent 2
Annex I – point 3 – indent 2
– transparent, easily understandable, with objectively verifiable targets and the source data identified and publicly available;
Amendment 1809 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities –point 4 – sub-point 4.1 – column 3 – indent 2
Annex IV – Thematic ex ante conditionalities –point 4 – sub-point 4.1 – column 3 – indent 2
– Adoption of measures necessary to establish a system of certification of the energy performance of buildings in accordance with Article 119.3 (B), Article 11 and Article 18 of Directive 2010/31/EU;
Amendment 1810 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 3 – indent 5 a new
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 3 – indent 5 a new
– National Energy Efficiency Action Plans which translate energy saving objectives into concrete and coherent measures have been submitted in accordance with Directive 2006/32/EC, or equivalent reporting documents in application to the Directive on Energy Efficiency when it will be repealing Directive 2006/32/EC.
Amendment 1811 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 2 – subparagraph 4 a (new)
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 2 – subparagraph 4 a (new)
Transposition into national law, once adopted, of the Energy Efficiency Directive (COM(2011)370 final).
Amendment 1812 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 2 – subparagraph 4 b (new)
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 2 – subparagraph 4 b (new)
Transposition into national law of Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast).
Amendment 1813 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.2 – column 3 – indent 1 a new
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.2 – column 3 – indent 1 a new
– A Member State has put in place support schemes for the three renewable energy sectors until 2020: electricity, heat and transport;
Amendment 1815 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 3 – indent 5 b new
Annex IV – Thematic ex ante conditionalities – point 4 – sub-point 4.1 – column 3 – indent 5 b new
– Market surveillance mechanisms in place in accordance with Article 3 of Directive 2009/125/EC are in place.
Amendment 1816 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.1 – column 3 – indent 1
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.1 – column 3 – indent 1
– A Member State has ensured contribution of the different water uses to the recovery of the costs of water services by sector in accordance with Article 9 of Directive 2000/60/EC, guaranteeing equal, universal access to this common good.
Amendment 1817 #
2011/0276(COD)
Proposal for a regulation
Thematic ex ante conditionalities – point 6 – sub-point 6.2 a (new)
Thematic ex ante conditionalities – point 6 – sub-point 6.2 a (new)
6.2a Biodiversity The Member State has submitted, and together with the European Commission has adopted a multi-annual plan for prioritization and budgeting of investments for Natura 2000 sites (Prioritised Action Framework) in accordance with Article 8 of the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
Amendment 1818 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 a (new) – column 3 – indent 1 (new)
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 a (new) – column 3 – indent 1 (new)
– The Member States has adopted a multi- annual plan for prioritization and budgeting of investments in accordance with Article 8 of the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (National Prioritised Action Frameworks for financing Natura 2000), including: 1.A list of priority measures in Natura 2000 sites and respective EU co-financing needs; 2. an analysis of co-financing sought from different EU funds to realise those measures;
Amendment 1819 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 b (new)
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 b (new)
6.2b. Cultural heritage sector: Development of projects to safeguard, pass on, promote and develop tangible and intangible cultural heritage.
Amendment 1820 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 a (new) – column 3 – indent 1 (new)
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 a (new) – column 3 – indent 1 (new)
– Effective instruments are available at national, regional and local level , in particular in regions with specific characteristics;
Amendment 1821 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 b (new) – column 3 – indent 2 (new)
Annex IV – Thematic ex ante conditionalities – point 6 – sub-point 6.2 b (new) – column 3 – indent 2 (new)
– Measures designed to exploit cultural and linguistic diversity and all aspects of the living heritage of the Union are developed.
Amendment 1822 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.1
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.1
7.1. Road: The existence of a comprehensive national transport plan which contains an appropriate prioritisation of investments in the core Trans European Network of Transport Infrastructure (TEN- T) network, in the comprehensive network (investments other than the core TEN-T) and in secondary connectivity (including public transport at regional and local level). Transposition and application of Directive 2011/76/EU on the charging of heavy goods vehicles for the use of certain infrastructures.
Amendment 1823 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.1 – column 3 – sub- indent 5 a new
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.1 – column 3 – sub- indent 5 a new
– National road user charging systems in place, in line with the provisions of 2011/76/EU, including recovery of costs for infrastructure, noise and air pollution, applied on all motorways since the beginning of their operation.
Amendment 1824 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.2 – column 3 – indent 1 – subindent 2
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.2 – column 3 – indent 1 – subindent 2
3. a strategic environmental assessment fulfilling the legal requirements for the transport plan, including an assessment of the overall greenhouse gas impacts of implementation of the plan to 2030 and 2050, including, if appropriate an assessment of the trans-border section;
Amendment 1825 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7. 2 a new
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7. 2 a new
7.2a. Transport maritime Incorporation of sea routes (‘motorways of the sea’ and maritime cabotage) into the comprehensive regional, trans- regional, national and transnational transport plan, with particular reference to the transport of goods.
Amendment 1826 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7. 2 a new – column 3
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7. 2 a new – column 3
– indent 1 (new)
Amendment 1827 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7. 2 a new – column 3
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7. 2 a new – column 3
– indent 2 (new)
–a realistic and mature project pipeline (including a budgetary framework);
Amendment 1828 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.2 a new – column 3
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.2 a new – column 3
– indent 3 (new)
– a strategic environmental assessment fulfilling the legal requirements for the transport plan;
Amendment 1829 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.2 a new – column 3
Annex IV – Thematic ex ante conditionalities – point 7 – sub-point 7.2 a new – column 3
– indent 4 (new)
– measures to strengthen the capacity of intermediary bodies and beneficiaries to deliver the project pipeline.
Amendment 1830 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.1 – column 3 – indent 2
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.1 – column 3 – indent 2
– Employment services have set up networks with employers and education institutes, also crossing the sectors.
Amendment 1831 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 2
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 2
8.2. Self-employment, entrepreneurship and business creation and business transfer: the existence of a comprehensive strategy for inclusive start- up support in accordance with the Small Business Act and in coherence with the Employment guidelines and the Broad Guidelines for the economic policies of the Member States and of the Union, regarding the enabling conditions for job creation.
Amendment 1832 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 3 – indent 1 – sub-indent 3a (new)
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 3 – indent 1 – sub-indent 3a (new)
– Actions for information and awareness raising at secondary education level;
Amendment 1833 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 3 – indent 1 – sub-indent 3b (new)
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 3 – indent 1 – sub-indent 3b (new)
– Gender-related advice and preparation of new business start-ups;
Amendment 1834 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 3 –
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.2 – column 3 –
– Measures intended for the preparation and for the follow-up of business transfer.
Amendment 1835 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.4 – column 3 – indent 1 – sub-indent 2
Annex IV – Thematic ex ante conditionalities – point 8 – sub-point 8.4 – column 3 – indent 1 – sub-indent 2
– a Member State has measures in place to promote active ageing and to reduce early retirement.
Amendment 1837 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.1 – column 3 – indent 2 – sub-indent 4
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.1 – column 3 – indent 2 – sub-indent 4
– cuts across-sectors, and involves and coordinates all policy sectors and stakeholders, including the areas of culture, arts and sport, that are relevant to address ESL.
Amendment 1838 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.2 – column 3 – indent 1 – sub-indent 1 – sub-indent 2
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.2 – column 3 – indent 1 – sub-indent 1 – sub-indent 2
– increase higher education participation among low income groups and other under-represented groups, with special consideration for the most vulnerable groups.
Amendment 1840 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.2 – column 3 – indent 1 – sub-indent 3
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.2 – column 3 – indent 1 – sub-indent 3
– gender-sensitive measures to increase employability and entrepreneurship that:
Amendment 1843 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3 – column 3 – indent 1 – sub-indent 4
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3 – column 3 – indent 1 – sub-indent 4
– measures to improve the relevance of education and training and to adapt it to the needs of identified target groups;, including the knowledge of regional, official and non-official languages.
Amendment 1844 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new)
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new)
9.3a Vocational education and training - The existence of national or regional strategies for a modern vocational education and training.
Amendment 1845 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new) – column 3
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new) – column 3
– indent 1 (new)
- Recognition of vocational education and training as engine for sustainable development and inclusive growth;
Amendment 1846 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new) – column 3
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new) – column 3
– indent 2 (new)
– Measures to improve the quality and efficiency of initial and continuous vocational training;
Amendment 1847 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new) – column 3
Annex IV – Thematic ex ante conditionalities – point 9 – sub-point 9.3a (new) – column 3
– indent 3 (new)
- Measures to promote vocational education and training.
Amendment 1848 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.1 – column 3 – indent 1 – sub-indent 2
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.1 – column 3 – indent 1 – sub-indent 2
– is in accordance withlays out concrete proposals designed to work towards the achievement of the national poverty and social exclusion target (as defined in the National Reform Programme and National Social Reports), which includes the extension of quality employment opportunities for disadvantaged groups;
Amendment 1849 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.1 – column 3 – indent 1 – sub-indent 4
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.1 – column 3 – indent 1 – sub-indent 4
– demonstrates that social partners and relevant stakeholders are involved in the design ofat all stages (design, implementation and evaluation) of the national anti-poverty strategies and active inclusion;
Amendment 1852 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.1 – column 3 – indent 2 – sub-indent 2
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.1 – column 3 – indent 2 – sub-indent 2
– is coherent with the National Reform Programme and National Social Reports;
Amendment 1855 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.2 – column 3 – indent 1 – sub-indent 1
Annex IV – Thematic ex ante conditionalities – point 10 – sub-point 10.2 – column 3 – indent 1 – sub-indent 1
– Contains coordinated measures to improve access to quality health servicand affordable health services aiming at tackling the social determinants of health inequalities;
Amendment 1857 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 11 – column 1
Annex IV – Thematic ex ante conditionalities – point 11 – column 1
11. Enhancing institutional capacity and efficient and participative public administration and promoting capacity building for social partners, nongovernmental organisations, regional and local authorities and other stakeholders, in particular the partners referred to in Article 5 of Regulation (EU) No [CPR...] (referred to in Article 9(11) )
Amendment 1858 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1
- A strategy for reinforcing a Member State's administrative efficiencyregional and local authorities' administrative efficiency and their skills to implement participative methods is in place and in the process of being implemented1. The strategy includes:
Amendment 1859 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1 – sub- indent 5
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1 – sub- indent 5
– the development of skills at all levels, including acquisition of methods ensuring participation of civil society in the decision making processes;
Amendment 1860 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1 – sub- indent 6a (new)
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1 – sub- indent 6a (new)
– a strategy for capacity building for social partners, non-governmental organisations, regional and local authorities and other stakeholders;
Amendment 1861 #
2011/0276(COD)
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1 – sub- indent 6b (new)
Annex IV – Thematic ex ante conditionalities – point 11 – column 3 – indent 1 – sub- indent 6b (new)
– a strategy of the effectiveness’s of the Partnership principle including a financial concept for sufficient capacity building for partners referred to in Article 5 of this Regulation.
Amendment 1862 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 1 – column 2
Annex IV – General ex-ante conditionalities – point 1 – column 2
The existence of a mechanism which ensures effective implementation and application of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation1 and Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and of Article 5 of the UN Convention on the rights of persons with disabilities.
Amendment 1863 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 1 – column 3 – indent 1
Annex IV – General ex-ante conditionalities – point 1 – column 3 – indent 1
– Effective implementation and application of the EU Directive 2000/78/EC and Directive 2000/43/EC on non- discrimination is ensured through: and of Article 5 of the UN Convention on the rights of persons with disabilities;
Amendment 1864 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 1 – column 3 – indent 1 – sub-indent
Annex IV – General ex-ante conditionalities – point 1 – column 3 – indent 1 – sub-indent
– institutional arrangements for the implementation, application and supervision of the EU directives on non- discrimination and of Article 5 of the UN Convention on the rights of persons with disabilities;
Amendment 1865 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 1 – column 3 – indent 1 – sub-indent 3
Annex IV – General ex-ante conditionalities – point 1 – column 3 – indent 1 – sub-indent 3
– Measures to strengthen administrative capacity for implementation and application of the EU directives on non- discrimination. and of Article 5 of the UN Convention on the rights of persons with disabilities;
Amendment 1867 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 2 – column 3 – indent 1
Annex IV – General ex-ante conditionalities – point 2 – column 3 – indent 1
Effective implementation and application of an explicit strategy for the promotion ofachieving the EU gender equality objectives is ensured through:
Amendment 1868 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 2 – column 3 – indent 1 – sub-indent 2
Annex IV – General ex-ante conditionalities – point 2 – column 3 – indent 1 – sub-indent 2
– a plan and ex-ante criteria for the integration of gender equality objectives through gender equality standards and guidelines; for all CSF-funds;
Amendment 1869 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 2 – column 3 – indent 1 – sub-indent 3
Annex IV – General ex-ante conditionalities – point 2 – column 3 – indent 1 – sub-indent 3
– implementation mechanisms including involvement of a gender body or gender experts and the relevant expertise to draft monitor and evaluate the interventions.
Amendment 1870 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 3 – column 3 – indent 1 – sub-indent
Annex IV – General ex-ante conditionalities – point 3 – column 3 – indent 1 – sub-indent
– Implementation of measures in line with Article 9 of the UN Convention to prevent, identify and eliminate obstacles and barriers to accessibility of persons with disabilities to all domains including infrastructure, services and goods;
Amendment 1874 #
2011/0276(COD)
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 4 – column 3 – indent 1 – sub-indent 5 a (new)
Annex IV – General ex-ante conditionalities – point 4 – column 3 – indent 1 – sub-indent 5 a (new)
– a strategy for allowing and incentivising the development of Green Public Procurement (GPP).
Amendment 1875 #
2011/0276(COD)
Proposal for a regulation
Annex V – Information and communication on support from the Funds – part 1 –
Annex V – Information and communication on support from the Funds – part 1 –
paragraph 1 – indent 1
– Beneficiary name (only legal entities; no natural persons shall be named, including legal entities operating with financial instruments as laid down in Article 33);
Amendment 1876 #
2011/0276(COD)
Proposal for a regulation
Annex V – Information and communication on support from the Funds – part 2 - section 2.1 – paragraph 2– point d a (new)
Annex V – Information and communication on support from the Funds – part 2 - section 2.1 – paragraph 2– point d a (new)
da. publishing at least the percentage corresponding to the European Union's share in the amount of total funding attributed to publications about a funded project or funded action;
Amendment 1878 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new)
Annex -I (new)
All wording of "must" should be changed into "should". Except rules regarding the partnership (according to Art. 5), there "shall" should be kept. (overall amendment, that should be applied to the whole text of the CSF)
Amendment 1881 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Introductory part – Paragraph 1 a (new)
Annex -I (new) – Introductory part – Paragraph 1 a (new)
In addition to the framework contained in this Annex, the Commission should support Member States and regions by adopting a non-exhaustive menu of recommended actions for the Funds covered by the CPR in the form of a delegated act in accordance with Article 142. This non-exhaustive menu, as part of the CSF, should provide Member States and regions with guidance on how they can translate the thematic objectives laid down in Article 9 of this Regulation into programming, considering the different needs, challenges and opportunities of regions and the necessary flexibility for regional sustainable development. (to Introduction, Purpose of CSF)
Amendment 1883 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.2a (new)
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.2a (new)
1.1.2a In accordance with Article 5, Member States shall organise a partnership with the representatives of competent regional, local, urban and other public authorities, economic and social partners, and bodies representing civil society, including environmental partners, non-governmental organisations, and bodies responsible for promoting gender equality, non- discrimination and non-governmental organisations promoting social inclusion and organisations active in the areas of culture, education and youth policy. Specific attention shall be paid to groups that might be affected by the programmes and may have difficulties to influence them.
Amendment 1889 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.4
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.4
1.1.4 At all stages of the implementation of the Funds covered by the CPR, partnership must be organised as following: The partners shall represent the different territorial levels in accordance with the institutional structure of the Member States and the partnership shall be established respecting the following minimal requirements:_ (i) the representation of the different partners is based on their respective responsibilities during the implementation of the programmes, (ii) partners select and appoint their own members representing them in the monitoring committees and other consultative bodies and working groups established within the framework of the funds, (iii) monitoring committees are gender-balanced and diverse in their composition, (iv) the list of members of the monitoring committees and other working groups are made public, (v) each selected partner is aware of his duties related to confidentiality and conflict of interest due to specific training and a formalisation of his duties in a signed statement. The partners shall be directly involved in the preparation of Partnership Contracts and into all stages of the preparation, implementation, monitoring and evaluation of the programmes. (changes and erasing parts of 1.1.4)
Amendment 1890 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.4a (new)
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.4a (new)
1.1.4a The cooperation with the partners shall follow best practices. Each Member State shall ensure an adequate level of technical assistance in order to facilitate the partners' involvement and participation at all stages of the programming process.
Amendment 1891 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.4 b (new)
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.4 b (new)
1.1.4b Member States shall establish a partnership respecting the following minimal requirements in terms of procedure: (i) timely disclosure of information during debates on strategic documents (ii) sufficient time for stakeholders to analyse documents, consult their members and constituencies and give feedback (iii) appropriate channels for stakeholders to ask questions or make suggestions and comments, (iv) transparency on the way proposals and comments by partners have been taken into account, including an explanation in case of rejection of comments; and (v) dissemination of the outcome of consultations. Moreover, accessibility for persons with disabilities to this process in terms of physical environment should be ensured.
Amendment 1892 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.1
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.1
1.2.1 The principle of sustainable development, as laid down in Article 3 of the Treaty on European Union (TEU), relates to a concept of progress according to which social, economic and environmental considerations are to be integrated when considering well-being and a better quality of life for the present and future generations. Sustainable development requires compliance with the environmental acquis. Moreover, it should be demonstrated that overall investment results in net benefits for society. (Addition of the second phrase to Art. 1.2.1 at the end.)
Amendment 1893 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.2
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.2
Amendment 1896 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.3
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.3
1.2.3 In order to tackle the complex challenges they face, Member States and regions must deploy all available Union policy instruments. In particular, for the purposes of tackling climate change, resources must be focused on preventative and mitigating measures, while minimising external costs. Any new investment made with the support of the Funds covered by the CPR must be of a nature such that it is inherently resilient to the impact of climate change and natural disasters. (Add last four words to the second sentence in paragraph 1.2.3 of the Rapporteurs text.)
Amendment 1901 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.4
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.4
Amendment 1907 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.5 – point d
Annex -I (new) – Part 1 – Section 1.2 – Paragraph 1.2.5 – point d
d) the use of green public procurement. (The word "increasing" erased in Paragraph 1.2.5, point d))
Amendment 1910 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.1
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.1
1.3.1 Member States and regions should take appropriate steps to eliminate inequalities and to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation or gender identity, at all stages of the implementation of the Funds covered by the CPR. (Changes to 1.3.1)
Amendment 1913 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.3
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.3
Amendment 1914 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.3
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.3
1.3.3 Higher participation of women in the labour market, both as employers and employees, would invigorate the Union's economy. Unblocking the potential for such an increase in activity, by increasing the female employment rate is crucial for reaching the Europe 2020 employment targets of 75% employment rate for women and men. Barriers to women's labour market participation, must, therefore, be fully addressed through, inter alia, reduction of labour market segmentation by occupation and sector by, amongst others, encouraging a better participation of women in the field of R & D and including female workers into training and vocational training in 'green jobs'; Member States and regions must ensure with specific actions that in addition to the ESF, the ERDF, the CF, the EMFF and the EAFRD also finance activities that promote women's economic independence, contribute to attaining an appropriate balance between work and family life, and that advance women's opportunities as entrepreneurs. (Changes to the second part of paragraph 1.3.3.)
Amendment 1918 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.4 a (new)
Annex -I (new) – Part 1 – Section 1.3 – Paragraph 1.3.4 a (new)
1.3.4a The opinion issued by the equality bodies on the programmes for the ESF, ERDF and Cohesion Fund should aim at ensuring that all necessary provisions for the promotion of gender equality are in place. In addition, the involvement of equality bodies or other organisations active in combating discrimination is strongly recommended in order to provide the necessary expertise in the preparation, monitoring and evaluation of the Funds.
Amendment 1919 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.4 – Paragraph 1.4.1
Annex -I (new) – Part 1 – Section 1.4 – Paragraph 1.4.1
1.4.1 All products and services that are offered to the public and are co-financed by the Funds covered by the CPR must be accessible. In particular, accessibility to the built environment, transport, information and communication technologies, is essential for the purposes of inclusion for disadvantaged groups, including persons with reduced mobility and persons with disabilities, in particular taking into account the UN Convention on Rights of Persons with Disabilities in force since 3 May 2008 and EU policies to implement the UN-Convention. (Changes and additions to 1.4.1)
Amendment 1920 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.4 – Paragraph 1.4.2
Annex -I (new) – Part 1 – Section 1.4 – Paragraph 1.4.2
1.4.2 It is crucial to appropriately address the needs of those who are furthest from the labour market, people with disabilities, migrants, refugees and asylum seekers, homeless people, and other groups at risk of poverty, children and young people, elderly people, ethnic minorities and other disadvantaged groups in order to allow them to better integrate into the labour market, and to fully participate in society. (Changes to 1.4.2)
Amendment 1922 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.4 – Paragraph 1.4.3
Annex -I (new) – Part 1 – Section 1.4 – Paragraph 1.4.3
1.4.3 Member States and regions must continue to promote social cohesion, on an equal footing to economic and territorial cohesion, across all EU regions, if the EU 2020 Strategy is to achieve its targets. A minimum share for the ESF for each category of regions is established in accordance with article 84 paragraph 3 of Regulation (EU) No (...CPR), resulting in a minimum overall share for the ESF of 25% of the budget allocated to cohesion policy (excluding Connecting Europe Facility). (Addition of the last sentence at the end of the paragraph 1.4.3)
Amendment 1930 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.5 – Paragraph 1.5.4
Annex -I (new) – Part 1 – Section 1.5 – Paragraph 1.5.4
Amendment 1937 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.3
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.3
1.6.3 When developing their strategies and programmes with a view to identifying the most appropriate interventions, Member States and regions must pay particular attention to predominant territorial, structural and institutional features, such as connectivity of the region in question, employment patterns and labour mobility; rural-urban linkages and sustainable development; the local interdependencies between different sectors; cultural heritage; ageing and demographic shifts,; etc. (Changes to 1.6.3.)
Amendment 1942 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.4
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.4
Amendment 1947 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.5
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.5
1.6.5 So as to foster good policies which are tailored to specific regional needs, Member States and regions must further develop an integrated territorial approach to policy design and delivery. The method of integrated territorial investment should be the main tool to achieve balanced sustainable development, with the potential to promote employment, social inclusion and prosperity, taking account of relevant contextual aspects but focusing on the basis of the following central elements: (Changes to 1.6.5)
Amendment 1948 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.5 – point c a (new)
Annex -I (new) – Part 1 – Section 1.6 – Paragraph 1.6.5 – point c a (new)
(ca) the possibility to combine one or more complementary investment priorities from different thematic objectives in one priority axis or within one programme; (Add to 1.6.5 a new ca))
Amendment 1962 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.4
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.4
2.2.4 Downstream actions must provide the means to exploit and diffuse R&I results, stemming from Horizon 2020, into the market and into the wider research community, and may include: pilot plants and demonstration sites, proof of concept and early stage financing, incubation facilities, applied research, specific industrial and technology transfer capabilities and cluster support. (Changes to 2.2.4)
Amendment 1963 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.5
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.5
2.2.5 Joint support must be provided to national and regional authorities for the design and implementation of such innovation strategies, which may include: support to identify opportunities for joint financing of R&I infrastructures of European interest, the promotion of international collaboration, methodological support through peer reviews, open access strategies for publications and research data, exchange of good practice, and training across regions. (Changes to 2.2.5)
Amendment 1972 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.3 – Paragraph 2.3.8
Annex -I (new) – Part 2 – Section 2.3 – Paragraph 2.3.8
2.3.8 In addition, financing from the Funds covered by the CPR must be coordinated with the support from the NER 300 Programme, which uses revenue from auctioning allowances under the European Emissions Trading Scheme, in order to boost renewable energy sources and energy saving measures .[1] [1] OJ L 290, 6.11.2010, p. 39–48 2010/670/EU: Commission Decision of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (2010/670/EU) OJ L 275, 25.10.2003, p. 32–46. (Changes to 2.3.8)
Amendment 1973 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4
Annex -I (new) – Part 2 – Section 2.4
2.4. New education programme - "ERASMUS for All".
Amendment 1975 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4 – Paragraph 2.4.1
Annex -I (new) – Part 2 – Section 2.4 – Paragraph 2.4.1
2.4.1 The synergies between the Funds covered by the CPR and the ‘Erasmus for All’ programme must be ensured in order to maximise the efficiency of the tools developed and the social and economic impact of investment in people. That synchronised investment will benefit both individuals and society as a whole by contributing to growth and prosperity, providing a better intercultural understanding, giving access to a wide range of education and training actions, both formal and informal, and giving impulses to youth initiatives, citizens actions and directed to all generations. The new education programme as proposed by the Commission ‘Erasmus for All’ supports mainly transnational projects, whereas cohesion Policy has a more pronounced regional dimension. Member States and Regions are encouraged to test tools and methods resulting from transnational cooperation through ‘Erasmus for All’ and then to implement them on their territory through Funds covered by the CPR.
Amendment 1976 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4 – Paragraph 2.4.2
Annex -I (new) – Part 2 – Section 2.4 – Paragraph 2.4.2
2.4.2 The Commission and Member States must ensure effective coordination between cohesion policy and ‘Erasmus for All’ through a clear distinction in the types of investment and target groups supported. ‘Erasmus for All’ shall focus its support on transnational projects including the mobility of students, youth and staff; on strategic partnerships between organisations and institutions across Europe and on actions supporting policy development and implementation. The primary investment priority targets for cohesion policy will respond to the need to ensure a complementary action to 'Erasmus for all" in the fields of: education (support of infrastructures of kindergarten, primary and secondary schools, universities), labour market training (to make sure all adults in search for work or a change in their career can be supported, (like it used to be under the sub-programme Leonardo da Vinci, action PLM People in the Labour Market) and adult learners in general.
Amendment 1978 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4 – Paragraph 2.4.3
Annex -I (new) – Part 2 – Section 2.4 – Paragraph 2.4.3
2.4.3 Furthermore, enhanced results will be achieved in adding up funds for mobility and activities that mainstream best practices and innovative projects identified at EU level under the new programme for education, youth and sports’, making sure a real , transparent and easily accessible communication towards the citizens is taken care of, at EU, national and regional level.
Amendment 1979 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4a (new) – Paragraph 2.4 a 1 (new)
Annex -I (new) – Part 2 – Section 2.4a (new) – Paragraph 2.4 a 1 (new)
2.4a Programme for Social Chance and Innovation (PSCI) 2.4a.1 The synergies between the Funds covered by the CPR and the European Union Programme for Social Chance and Innovation (PSCI) should be increased, aiming to contributing to the implementation of the Europe 2020 Strategy, its headline targets, flagship initiatives, Integrated Guidelines and the Youth Opportunities Initiative by providing financial support for the European Union's objectives in terms of promoting a high level of high-quality employment, guaranteeing adequate and decent social protection, combating social exclusion and poverty, improving working conditions and improving the employment and educational situation of young people.
Amendment 1980 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4a new – Paragraph 2.4. a 2 (new)
Annex -I (new) – Part 2 – Section 2.4a new – Paragraph 2.4. a 2 (new)
2.4a 2 Member States should use the opportunity and deliver on complementary actions under the European Social Fund (ESF) consistent with activities carried out under the PSCI in areas such as social dialogue, fundamental rights, equal opportunities, education, vocational training, children's rights and well-being, youth policy, migration policy, research and innovation, entrepreneurship, health, working conditions, enlargement and external relations, as well as general economic policy.
Amendment 1981 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4a new – Paragraph 2.4a 3(new)
Annex -I (new) – Part 2 – Section 2.4a new – Paragraph 2.4a 3(new)
2.4a 3 In border regions, EURES cross- border partnerships play an important role in developing a genuine European labour market. EURES cross-border partnerships should therefore continue to be supported through horizontal Union activities, which could be complemented by national resources or by the ESF.
Amendment 1982 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4a new – Paragraph 2.4a 4 (new)
Annex -I (new) – Part 2 – Section 2.4a new – Paragraph 2.4a 4 (new)
2.4a 4 In order to ensure complementarity, actions under PSCI should be closely coordinated with those undertaken in the framework of cohesion policy. Member states should coordinate corresponding actions under the CSF Funds, in particular under the ESF and the ERDF, with actions of the PSCI-pillar microfinance, which aim at increasing access to and the availability of microfinance to persons who have lost or are at risk of losing their jobs, or having difficulties in entering or re-entering the labour market, as well as to persons who are at risk of social exclusion and vulnerable persons in disadvantaged positions with regard to access to the conventional credit market and wishing to start up or develop their own micro- enterprises, including self-employment, without any discrimination regarding age, as well as to micro-enterprises, especially in the social economy, and micro- enterprises which employ the furthest persons from the labour market.
Amendment 1983 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.4 a new – Paragraph 2.4a 5 (new)
Annex -I (new) – Part 2 – Section 2.4 a new – Paragraph 2.4a 5 (new)
2.4a 5 At the initiative of the European Parliament, a 'Youth Initiative axis' within the PSCI supports actions for people aged under 25 years, inter alia actions to prevent early-school leaving especially through reintegration into training, to develop skills that are relevant to the labour market to bring together more closely the worlds of employment, education and training, to support a first work experience and on-the-job training in order to offer the opportunity to young people to acquire both the relevant skills and work experience and quality of traineeships and apprenticeships and to support their access to the labour market. In order to strengthening these actions, Member States and regions should set up corresponding actions in the programmes under the CSF Funds.
Amendment 1986 #
2011/0276(COD)
Proposal for a regulation
Annex 1 j (new)
Annex 1 j (new)
2.5.2 Just as national infrastructure needs to be planned coherently, both by taking into account the development of Union cross border links, and by developing links across regions within a Member State, plans must be based on real and projected transport demand and identify missing links and bottlenecks. Investment in regional connectivity to the comprehensive network and to the core Trans European Network of transport infrastructure (TEN-T) network must ensure that urban and rural areas benefit from the opportunities created by major networks and missing links of sustainable transport modes in trans-border connections. (Changes to 2.5.2.)
Amendment 1989 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.5 – Paragraph 2.5.4
Annex -I (new) – Part 2 – Section 2.5 – Paragraph 2.5.4
Amendment 1992 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.5 – Paragraph 2.5.5
Annex -I (new) – Part 2 – Section 2.5 – Paragraph 2.5.5
Amendment 1994 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.5 – Paragraph 2.5.6
Annex -I (new) – Part 2 – Section 2.5 – Paragraph 2.5.6
2.5.6 With regard to maritime transport, ports must be developed as efficient entry and exit points through full integration with land infrastructure. Priority must be given to projects concerning port access and hinterland connections. The development of short sea shipping and of inland waterways must reinforce their contribution to sustainable European freight transport networks. (Changes to 2.5.6.)
Amendment 2003 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 3 – Paragraph 3.2 – point a
Annex -I (new) – Part 3 – Paragraph 3.2 – point a
a) identify areas of intervention where the Funds covered by the CPR can be combined in a complementary manner to achieve one or more the thematic objectives set out in this Regulation; (Changes to 3.2. a)
Amendment 2005 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 3 – Paragraph 3.2 – point b
Annex -I (new) – Part 3 – Paragraph 3.2 – point b
b) promote the involvement by managing authorities responsible for one of the Funds covered by the CPR of other managing authorities and relevant ministries in the development of support schemes to ensure synergies and avoid overlaps and to promote a multifunds approach; (Change to 3.2. b)
Amendment 2008 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 4 – Section 4.3 – Paragraph 4.3 a (new)
Annex -I (new) – Part 4 – Section 4.3 – Paragraph 4.3 a (new)
4.3a. Cross-border Community-led local development (based on the experience of LEADER under rural development and the former "Small Project Fund") may complement and enhance the delivery of a successful territorial cooperation, aiming at increasing effectiveness and efficiency of cross-border programmes by delegating decision-making and implementation to a local partnership of public, private and civil society actors.
Amendment 38 #
2011/0268(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
Amendment 39 #
2011/0268(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The European Union is confronted with structural challenges arising from economic globalisation, technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions. They have been compounded by the recent economic and financial crisis, which has resulted in increased levels of unemployment, hitting in particular young people and other vulnerable groups, such as migrants, refugees and asylum seekers. The ESF should aim to promote quality employment with particular attention to those who are the furthest from the labour market and support labour mobility, invest in education, skills and life-long learning, promote social inclusion and, combat poverty and discrimination. In promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers, the ESF should, in particular, support European Employment Services (and related EURES activities) especially the EURES cross-border partnerships in relation to recruitment and the related information, advice and guidance services at national and cross- border level, taking into account particularly cross border workers.
Amendment 46 #
2011/0268(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In addition to these thematic priorities, in the less developed of Article 9 in the Regulation [...] [CPR], in regions and Member States, and with a view to increasing economic growth and employment opportunities, the efficiency of public administration on the national and regional level and the ability of a public administration to act in a participative matter should be improved and the institutional capacity of stakeholders delivering employment, education, socio-cultural and social policies should be strengthened.
Amendment 51 #
2011/0268(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is crucial to support the on-going development and competitiveness of European micro-, small and medium-sized enterprises, including cultural and creative undertakings, in order to create quality jobs, and to ensure that people can adapt, through acquiring appropriate skills and through lifelong learning opportunities, to new challenges such as the shift to a knowledge-based economy, the digital agenda, and the transition to a low-carbon and more energy-efficient economy. By pursuing its primary thematic objectives, the ESF should contribute to addressing these challenges. In this context, the ESF should support the labour force transition towards greener skills and jobs, in particular in the energy efficiency, renewable energy and sustainable transport sectors, taking into account the Union's intention to increase the proportion of the EU budget that is related to climate mainstreaming to at least 20%, with contributions from different policy fields.ESF should also contribute to cultural and creative skills in order to increase job opportunities.
Amendment 59 #
2011/0268(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Efficient and effective implementation of actions supported by the ESF depends on good governance and partnership between all relevant territorial and socio- economic actors, taking into account those who act at the regional and local levels, in particular the involvement of social partners and non-governmental organisations. It is therefore necessary that by granting them a defined part of allocation which may take the form of a global grant. Member States encouragshall ensure the participation and activation of social partners and non- governmental organisations in the implementation of the ESF. Besides that, Member States shall allocate an appropriate level of financial allocations of Technical Assistance of the ESF in Article 52 of the Regulation [...] [CPR] directly to all the partners of Article 5 in the Regulation [...] [CPR], in particular to social partners and civil society organisations, in order to facilitate the involvement and participation of these partners in the preparation, implementation, monitoring and evaluation of programmes and operations and to support their capacity building in accordance with the European Code of Conduct on Partnership.
Amendment 69 #
2011/0268(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The mobilisation of regional and local stakeholders is necessary to deliver the Europe 2020 Strategy and its headline targets. Territorial pacts, local initiatives for employment and social inclusion, community-led local development strategies and sustainable urban development strategies may be used and supported to involve more actively regional and local authorities, cities, social partners and non-governmental organisations in the preparation, implementation of programmes. , monitoring and evaluation whenever part of Operational Programmes. A Member State shall include those institutions, organisations and groups in the Partnership that represent the territorial level concerned and that might influence or that might be affected by the implementation of the Operational programmes. Specific attention shall be paid to groups that might be affected by the programmes and may suffer difficulties to influence them, in particular the most vulnerable and marginalised groups. The cooperation with the partners shall follow the best practices forming the basis of the code of conduct referred to in Article 5 (3). At least 5% of the ESF-resources allocated at national level shall be allocated for actions under the Integrated territorial Investments (ITI) as it is lay down in Article 99 of the Regulation [...] [CPR].
Amendment 73 #
2011/0268(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Member States and regions should be encouraged to leverage the ESF through financial instruments in order to support for example students, job creation, mobility of workers, social inclusion and social entrepreneurshipf this helps to increase the effectiveness of actions or completes actions of other EU- instruments such as PSCI, the EGF and the ERDF.
Amendment 82 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The ESF shall promote high levels of employment, job creation and job quality, facilitate their adaptation to change, support the voluntary geographical and occupational mobility of workers, facilitate their adaptation to change, provide support for workers made redundant, encourage a high level of education and training, promote gender equality, equal opportunities and non- discrimination, enhance social inclusion and combat poverty, thereby contributing to the priorities of the European Union as regards strengthening economic, social and territorial cohesion.
Amendment 86 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The ESF shall benefit people, including disadvantaged groups such as the long- term unemployed, people with disabilities, migrants and those who are furthest from the labour market, people with disabilities, migrants, refugees and asylum seekers, homeless people, and other groups at risk of poverty, children and young people, elderly people, ethnic minorities, marginalised communities or communities at risk of marginalisation and people facing social exclusion. The ESF shall also provide support to enterprises, to microenterprises and to cooperative enterprises which promote the interests of their members and users as well as solutions to societal challenges, and are in the social economy. The ESF shall also provide support to organisations, systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms, in particular in the fields of employment, educsocio- cultural and cultural activity, employment, education, non- discrimination and social policies.
Amendment 95 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Under the thematic objectives listed below, and in accordance with Article 9 of Regulation (EU) No […]in Article 9 paragraphs (8), (9), (10), (11) of Regulation (EU) No [...],listed accordingly below in (a), (b), (c) and (d), and in accordance with its mission, the ESF shall support the following investment priorities:
Amendment 108 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point iv
Article 3 – paragraph 1 – point a – point iv
(iv) Equality between men and women in the labour market and equality in career progression, economic independence of women and men and reconciliation between work and private life;
Amendment 118 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point vi
Article 3 – paragraph 1 – point a – point vi
(vi) Active and healthy ageing for workers by improvement of the working conditions and environment, occupational health and actions of promoting elderly workers;
Amendment 121 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point vii
Article 3 – paragraph 1 – point a – point vii
(vii) Modernisation and strengthening of labour market institutions, including actions to enhance transnational labour mobilityorganisations, promotion of partnerships, pacts and initiatives through networking of relevant stakeholders, such as social partners and non-governmental organisations at the transnational, regional and local level in order to strengthen labour market inclusiveness, support of actions to enhance transnational labour mobility and to improve information services, counselling and job- matching for employers and mobile workers, including cross-border workers, seasonal workers, posted workers regardless of their status;
Amendment 126 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
Article 3 – paragraph 1 – point b – introductory part
(b) Investing in education, skills, training and life- long learning through:
Amendment 131 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
Article 3 – paragraph 1 – point b – point iii
(iii) Enhancing access to lifelong learning, upgrading and retraining the skills and competences of the workforce and increasing the labour market relevance of education and training systemspersons and increasing their informal as well as non-formal learning as well as increasing the labour market relevance of training systems; promoting the transition between education, training and employment;
Amendment 137 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c – introductory part
Article 3 – paragraph 1 – point c – introductory part
(c) Promoting social inclusion and combating poverty and discrimination through:
Amendment 152 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – introductory part
Article 3 – paragraph 1 – point d – introductory part
(d) Enhancing institutional capacity and efficient and participative public administration and promoting capacity building for social partners, non- governmental organisations, regional and local authorities and other stakeholder in particular those partners as referred to in Article 5 of Regulation (EU) No [...], through:
Amendment 154 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – point i – introductory part
Article 3 – paragraph 1 – point d – point i – introductory part
(i) Investment in institutional capacity, and in the efficiency of public administrations and public services including local and regional level with a view to reforms, better regulation and good governance;to increase their ability of good governance; This investment priority is only applicable throughout the territory of the Member States which have at least one NUTS level 2 region as defined in Article 82(2)(a) of Regulation (EU) No [...] or in Member States eligible for Cohesion Fund support.
Amendment 156 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – point i a (new)
Article 3 – paragraph 1 – point d – point i a (new)
(i a) Investment in institutional capacity on local and regional level with a view to reforms for increasing their ability of good governance;
Amendment 157 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – point ii
Article 3 – paragraph 1 – point d – point ii
(ii) Capacity building for stakeholders, in particular social partners and non- governmental organisations including socio-cultural and environmental organisations, in the implementation of operational programmes which delivering employment, education, social and socio- cultural policies ands well as sectoral and territorial pacts to mobilise for reform at national, regional and local level.
Amendment 162 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – point ii a (new)
Article 3 – paragraph 1 – point d – point ii a (new)
(ii a) Investment in the partnership principle and in the capacity building for those partners referred to in Article 5 of Regulation (EU) No [...], in order to ensure the involvement and participation of these partners in the preparation, implementation, monitoring and evaluation of programmes and operations.
Amendment 167 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) Strengthening research, technological development and innovation including innovatory networks in the socio-cultural and creative sector, through the development of post-graduate studies, the training of researchers, networking activities and partnerships between higher education institutions, research and technological centres and enterprises;
Amendment 168 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) Enhancing the competitiveness of micro, small and medium-sized enterprises, through promoting the adaptability of enterprises and workers and increased investment in human capital, increasing the investment in human capital and strengthening the inclusive labour market including the accessibility for people with disabilities, enhancing the training and learning schemes of SMEs, in particular for young people, promoting small and medium-sized cooperative enterprises, systems and structures which provide solutions to societal challenges.
Amendment 179 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. At least 20 % of the total ESF resources in each Member State shall be allocated to the thematic objective ‘promoting social inclusion and, combating poverty’ and discrimination set out in Article 9(9) of Regulation (EU) No […...].
Amendment 188 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) For more developed regions, Member States shall concentrate at least 80 % of the ESF allocation to each operational programme on up to four of the investment prioritotal amount of the ESF resources at the national level to the thematic objectives set out in Article 3(1)point 8,9, and 10 in Article 9 of the Regulation (EU) No[...]/2012[CPR].
Amendment 193 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) For transition regions, Member States shall concentrate at least 70 % of the ESF allocation to each operational programme on up to four of the investment prioritotal amount of the ESF resources at the national level to the thematic objectives set out in Article 3(1)point 8,9, and 10 in Article 9 of the Regulation (EU) No[...]/2012[CPR].
Amendment 199 #
2011/0268(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) For less developed regions, Member States shall concentrate at least 60 % of the ESF allocation to each operational programme on up to four of the investment prioritotal amount of the ESF resources at the national level to the thematic objectives set out in Article 3(1)point 8,9, and 10 in Article 9 of the Regulation (EU) No[...]/2012[CPR].
Amendment 208 #
2011/0268(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Common indicators as set out in the Annex to this Regulation and programme specific indicators shall be used in accordance with Article 24(3) and 87(2)(b)(ii) of Regulation (EU) No […...]. All indicators shall be expressed in absolute numbers and all data has to be broken down by gender.
Amendment 210 #
2011/0268(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Common and programme specific hard and soft output indicators relate to partially or fully implemented operations. Where relevant to the nature of the operations supported, cumulative quantified target values shall be fixed for 2022. Baseline indicators shall be set at zero.
Amendment 212 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The involvement of the social partners and other stakeholders, in particular non- governmental organisations taking into account such, which act at the regional and local levels, in the implementation of operational programmes, also such partners as referred to in Article 5 under a), b) and c) of Regulation (EU) No […], may...], take the form of global grants as defined in Article 113(7) of Regulation (EU) No […...]. In such a case, the operational programme shall identify thone part of the programme concerned by the global grant, including an indicative financial allocation from each priority axis to it.
Amendment 217 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. To encourage adequate participation of the social partners in actions supported by the ESF, managing authorities of an operational programme in a region as defined in Article 82(2)(a) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shall ensure that an appropriate amount of ESF resourcesshall ensure that an appropriate amount of ESF resources, minimum 2% of the total ESF resources in each Member State is allocated to capacity-building activities, in the form of training, networking measures, and strengthening of the social dialogue, and to activities jointly undertaken by the social partners.
Amendment 220 #
2011/0268(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. To encourage adequate participation of and access by non-governmental organisations to actions supported by the ESF, notably in the fields of social and socio-cultural inclusion, gender equality and equal opportunities, the managing authorities of an operational programme in a region as defined in Article 82(2)(a) of Regulation (EU) No […] or in Member States eligible for Cohesion Fund support shall ensure that an appropriate amount of ESF resourcesshall ensure that an appropriate amount of ESF resources, minimum 2% of the total ESF resources in each Member State, is allocated to capacity-building and networking for non- governmental organisations.
Amendment 226 #
2011/0268(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Member States and the Commission shall promote equality between men and women through mainstreaming as referred to in Article 7 of Regulation (EU) No […...] and specific targeted actions as referred to in Article 3(1)(a)(iv), in particular with the aim of increasing the sustainable participation and progress of women in employment, reducing gender-based segregation in the labour market, combating gender stereotypes in education and training and, promoting reconciliation of work and personal life for men and women, addressing the feminisation of poverty by promoting equal share of care responsibility between men and women. The Member States shall ensure that gender equality and equal opportunities are promoted in the preparation, implementation, monitoring and evaluation of operational programmes with methods of the Gender budgeting assessment. Member States shall further allow for a balanced participation of women and men in the management and implementation of operational programmes at local, regional and national level and report on progress in this matter.
Amendment 229 #
2011/0268(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Member States and the Commission shall promote equal opportunities for all, including accessibility for disabled persons through mainstreaming the principle of non-discrimination, as referred to in Article 7 of Regulation (EU) No […...], and through specific actions within theall relevant investment priorities as defined in Article 3, and by paying particular Article 3(1)(c)(iii)attention to those who face multiple discriminations. Such actions shall target people at risk of discrimination and people with disabilities, with a view to increasing their labour market participation, in particular improving the accessibility for the concerned of the labour market, enhancing their social inclusion, reducing inequalities in terms of educational attainment and health status and facilitating the transition from institutional to community-based care.
Amendment 232 #
2011/0268(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The ESF shall promote social innovation within all areas falling under the scope of the ESF, as defined in Article 3 of this Regulation, in particular with the aim of testing, evaluating and scaling up innovative solutions including bottom up solutions to address social needs.
Amendment 233 #
2011/0268(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall identify themes for social innovation, corresponding to their specific needs in their operational programmes, including matters relating socio-cultural innovation and corresponding to actions of other CSF funds, in particular the ERDF.
Amendment 242 #
2011/0268(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall support transnational cooperation with the aim of promoting mutual learning and thereby increasing the effectiveness of policies supported by the ESF. Transnational cooperation shall involve partners , referred to in Article 5 of the of Regulation (EU) No [...),.from at least two Member States.
Amendment 247 #
2011/0268(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States may select themes for transnational co-operation from a list after consultation with the partners proposed by the Commission and endorsed by the ESF Committee.
Amendment 248 #
2011/0268(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall facilitate transnational cooperation on the themes referred to in paragraph 2 through mutual learning and coordinated or joint action. In particular, the Commission shall operate an EU-level platform to facilitate the exchange of experience, capacity building and networking, as well as dissemination of the relevant outcomes. Member States shall be encouraged to build up social inclusion networks at transnational level including relevant stakeholders of the civil society. In addition, the Commission shall develop a coordinated implementation framework, including common eligibility criteria, types and timing of actions, and common methodological approaches for monitoring and evaluation, with a view to facilitating transnational cooperation.
Amendment 257 #
2011/0268(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. By way of derogation from Article 110 109(3) of Regulation (EU) No […...], the maximum co-financing rate for a priority axis shall be increased by ten percentage points, but not exceeding 100%, where the whole of a priority axis is dedicated to social innovation or to transnational cooperation, or a combination of both or refer to Article 6, paragraph (1).
Amendment 261 #
2011/0268(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The ESF may support community-led local development strategies, as referred to in Article 28 of Regulation (EU) No […...], territorial pacts and local initiatives for employment, education and social inclusion, as well as including youth employment, education, social inclusion including promotion of regional cultures and languages. The ESF may be used as "lead" Fund for integrated social inclusion projects under Article 3 (c) combined with investment priorities or actions of the ERDF. At least 5% of the ESF shall support Integrated Territorial Investments (ITI) as referred to in Article 99 of Regulation (EU) No […]....]
Amendment 266 #
2011/0268(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Complementing ERDF interventions as referred to in Article 7 of Regulation (EU) No [ERDF], the ESF may support sustainable urban development through strategies setting out integrated actions to tackle the economic, environmental and soci, social and cultural challenges affecting urban areas of cities which are listed in the partnership contract.
Amendment 270 #
2011/0268(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The ESF shall provide support for eligible expenditure, which, notwithstanding Article 109 110(2)(b) of Regulation (EU) No […...], may include any financial resources collectively constituted by employers and workers.
Amendment 271 #
2011/0268(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. As established by article 52 (2) of the Regulation [...] [CPR], Member States shall allocate an appropriate level of financial allocation of Technical Assistance of the ESF directly to all the partners referred to in article 5 of the Regulation [...] [CPR], in order to facilitate the involvement and participation of these partners in the preparation, implementation, monitoring and evaluation of programmes and operations and to support their capacity building in accordance with the European Code of Conduct on Partnership.
Amendment 278 #
2011/0268(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Pursuant to Article 32 of Regulation (EU) No […...], the ESF may support actions and policies falling within its scope through financial instruments, such as risk- sharing schemes, equity and debt, guarantee funds, holding funds, and loan funds and microcredits and -facilities.
Amendment 279 #
2011/0268(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
ESF may be used to enhance access to capital markets for public and private bodies at national and, regional and local levels implementing actions, in particular microcredits and -facilities. and policies falling within the scope of the ESF and the operational programme through ‘'ESF policy-based guarantees’' subject to Commission approval.
Amendment 286 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 1 – indent 1 (new)
Annex 1 – point 1 – paragraph 1 – point 1 – indent 1 (new)
- workers made redundant as a result of serious disruption of the local, regional or national economy caused by an unexpected crises or as result of a rapid declining in a given sector or a delocalisation of activities to non EU- member countries
Amendment 288 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 3 – indent 1 (new)
Annex 1 – point 1 – paragraph 1 – point 3 – indent 1 (new)
- inactive and furthest from the labour market
Amendment 289 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 5 – indent 1 (new)
Annex 1 – point 1 – paragraph 1 – point 5 – indent 1 (new)
- vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market
Amendment 290 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 6 – indent 1 (new)
Annex 1 – point 1 – paragraph 1 – point 6 – indent 1 (new)
- person below 25 years, either being in a job, education or (re-)training within four months after leaving school
Amendment 293 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 7 – indent 1 (new)
Annex 1 – point 1 – paragraph 1 – point 7 – indent 1 (new)
- persons above 54 years suffering from severe material deprivation
Amendment 295 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 11
Annex 1 – point 1 – paragraph 1 – point 11
· migrants, refugees and asylum seekers, people with a foreign background, minorities (including marginalised communities such as the Roma)**
Amendment 296 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 12 – indent 1 (new)
Annex 1 – point 1 – paragraph 1 – point 12 – indent 1 (new)
- persons at risk of poverty
Amendment 297 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 12 – indent 2 (new)
Annex 1 – point 1 – paragraph 1 – point 12 – indent 2 (new)
- persons suffering from severe material depriviation
Amendment 298 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 12 – indent 3 (new)
Annex 1 – point 1 – paragraph 1 – point 12 – indent 3 (new)
- persons below 18 years living in households of long-term unemployed
Amendment 299 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 12 – indent 4 (new)
Annex 1 – point 1 – paragraph 1 – point 12 – indent 4 (new)
- Single parents
Amendment 300 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 1 – paragraph 1 – point 12 – indent 5 (new)
Annex 1 – point 1 – paragraph 1 – point 12 – indent 5 (new)
- Homeless people
Amendment 305 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 2 – point 1
Annex 1 – point 2 – point 1
· number of projects fully or partially implemented by social partners or non- governmental organisations or other stakeholders
Amendment 306 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 2 – point 2
Annex 1 – point 2 – point 2
· number of projects targeting public administrations or public services on national, regional and local level
Amendment 307 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 2 – point 3
Annex 1 – point 2 – point 3
· number of supported micro, small and medium- sized enterprises supported, cooperative enterprises and enterprises of the social economy
Amendment 308 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 2 – point 3 – indent 1 (new)
Annex 1 – point 2 – point 3 – indent 1 (new)
- number of supported micro, small and medium-sized enterprises, cooperative enterprises, enterprises of the social economy which are under female leadership or having a majority of women in the executive or supervisory board
Amendment 309 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 2 – paragraph 1
Annex 1 – point 2 – paragraph 1
These data are to be provided in the annual implementation reports as specified in Article 44(1) and (2) and Article101(1) of Regulation (EU) No […]. All data without specific gender relevance shall also be broken down by gender.
Amendment 310 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 1 (new)
Annex 1 – point 3 – point 4 – indent 1 (new)
- women remaining in precarious job situations
Amendment 311 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 2 (new)
Annex 1 – point 3 – point 4 – indent 2 (new)
- women becoming economically independent
Amendment 312 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 3 (new)
Annex 1 – point 3 – point 4 – indent 3 (new)
- increase of the number of women in the MINT-sectors
Amendment 313 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 4 (new)
Annex 1 – point 3 – point 4 – indent 4 (new)
- participants involved in voluntary work upon leaving
Amendment 314 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 5 (new)
Annex 1 – point 3 – point 4 – indent 5 (new)
- participants lifted above the relative poverty line
Amendment 315 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 6 (new)
Annex 1 – point 3 – point 4 – indent 6 (new)
- participants lifted out of severe material deprivation
Amendment 316 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 7 (new)
Annex 1 – point 3 – point 4 – indent 7 (new)
Amendment 317 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 8 (new)
Annex 1 – point 3 – point 4 – indent 8 (new)
- participants' assessments of the value of the intervention (in terms of increasing their emotional well-being, developing their skills...), rating of consultation process around the intervention
Amendment 318 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 9 (new)
Annex 1 – point 3 – point 4 – indent 9 (new)
- percentage of disabled participants in employment after getting support
Amendment 319 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – point 4 – indent 10 (new)
Annex 1 – point 3 – point 4 – indent 10 (new)
- percentage of disabled participants successfully transfered from institutional to community-based care
Amendment 322 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 3 – paragraph 1
Annex 1 – point 3 – paragraph 1
These data are to be provided in the annual implementation reports as specified in Article 44(1) and (2) and Article 101(1) of Regulation (EU) No […...]. All data are to be broken down by gender. and should depend of the expected result of the investment priority show, if the persons or participants are below 25 years between 25 and 54 years and above 54 years old*
Amendment 323 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 1 – introductory part
Annex 1 – point 4 – point 1 – introductory part
· participants in full-time employment 6 months after leaving
Amendment 326 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 1 – indent 1 (new)
Annex 1 – point 4 – point 1 – indent 1 (new)
- participants in part-time employment 6 months after leaving
Amendment 328 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 1 – indent 2 (new)
Annex 1 – point 4 – point 1 – indent 2 (new)
- participants in full-time employment 6 months after leaving
Amendment 329 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3
Annex 1 – point 4 – point 3
· participants with an improved labour market situation 6 months after leaving (nature of employment – full or part time, wages compared to minimum or national level, nature of contracts)
Amendment 332 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 1 (new)
Annex 1 – point 4 – point 3 – indent 1 (new)
- participants in full-time employment 1 year after leaving
Amendment 333 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 2 (new)
Annex 1 – point 4 – point 3 – indent 2 (new)
- participants actively involved in community and social networks
Amendment 334 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 3 (new)
Annex 1 – point 4 – point 3 – indent 3 (new)
- participants in part-time employment 1 year after leaving
Amendment 335 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 4 (new)
Annex 1 – point 4 – point 3 – indent 4 (new)
- participants in self-employment 1 year after leaving
Amendment 336 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 5 (new)
Annex 1 – point 4 – point 3 – indent 5 (new)
- participants with an improved labour market situation 1 year after leaving
Amendment 337 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 6 (new)
Annex 1 – point 4 – point 3 – indent 6 (new)
- Participants lifted and living above the relative poverty line 1 year after leaving
Amendment 338 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 7 (new)
Annex 1 – point 4 – point 3 – indent 7 (new)
- Participants lifted out of severe material deprivation remaining out of severe material deprivation 1 year after leaving
Amendment 339 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 8 (new)
Annex 1 – point 4 – point 3 – indent 8 (new)
- women remaining in precarious job situation 1 year after leaving
Amendment 340 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 9 (new)
Annex 1 – point 4 – point 3 – indent 9 (new)
- women becoming economically independent 1 year after leaving
Amendment 341 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 10 (new)
Annex 1 – point 4 – point 3 – indent 10 (new)
- increase of the number of women in the MINT-sectors 1 year after leaving
Amendment 342 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 11 (new)
Annex 1 – point 4 – point 3 – indent 11 (new)
- percentage of disabled participants in employment after 1 year of getting support
Amendment 343 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 12 (new)
Annex 1 – point 4 – point 3 – indent 12 (new)
- percentage of not any longer existent institutional based care in comparison to the original total number at the beginning of the measurement period
Amendment 344 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 13 (new)
Annex 1 – point 4 – point 3 – indent 13 (new)
- percentage of persons below 18 years living in households of long-term unemployed
Amendment 345 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 14 (new)
Annex 1 – point 4 – point 3 – indent 14 (new)
- percentage of persons above 54 years suffering from severe material depriviation
Amendment 346 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – point 3 – indent 15 (new)
Annex 1 – point 4 – point 3 – indent 15 (new)
- reduction of number of cases of discrimination registered by the designated body or bodies for the promotion of equal treatment of all persons without discrimination at work and occupation and in expected result of the investment priority in fields outside work and occupation
Amendment 348 #
2011/0268(COD)
Proposal for a regulation
Annex 1 – point 4 – paragraph 1
Annex 1 – point 4 – paragraph 1
These data are to be provided in the annual implementation reports as specified in Article 44(4) of Regulation (EU) No […...]. They are to be collected based on a representative sample of participants within each priority axis or sub-priority. Internal validity of the sample should be ensured in such a way that the data can be generalised at the level of priority axis or sub-priority. All data are to be broken down by gender. and should depend on the expected result of the investment priority, show if the persons or participants are below 25 years between 25 and 54 years and above 54 years old*
Amendment 230 #
2011/0195(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Amendment 234 #
2011/0195(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Treaty on the Functioning of the European Union should not constitute an impediment to the obligation of the Union to sustainably manage the exploitation of marine resources.
Amendment 260 #
2011/0195(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels above those capable of producing maximum sustainable yields from the populations of harvested stocks by 2015. Where less scientific information is available, this may require applying proxies to maximum sustainable yield.
Amendment 266 #
2011/0195(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The concept of Maximum Sustainable Yield as enshrined in UNCLOS has been a legally binding fisheries management target on the Union since its ratification in 1998.
Amendment 267 #
2011/0195(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Adopting fishing mortality rates below those necessary to maintain fish stocks at levels above those capable of producing the MSY is the only way of ensuring that the fishing industry becomes economically viable in the long term without reliance upon public aid.
Amendment 297 #
2011/0195(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Unnecessary suffering of marine wildlife, including fish, sharks, turtles, seabirds and marine mammals must be avoided, therefore improved catching and slaughtering methods should be developed.
Amendment 345 #
2011/0195(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) In order to create incentives for improving fishing selectivity, total allowable catches should not be increased to include quantities that would otherwise be discarded.
Amendment 348 #
2011/0195(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18 b) In order to create incentives for improving fishing selectivity, total allowable catches should not be increased to include quantities that would otherwise be discarded.
Amendment 372 #
2011/0195(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of stocks for each Member State, taking into account their compliance with the provisions of the Common Fisheries Policy.
Amendment 410 #
2011/0195(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy should be implemented no later than 31 December 2013 for all vessels of 12 meters' length or over and all other vessels fishing with towed gears. Member States may exclude vessels up to 12 meters' length other than vessels using towed gear from transferable fishing concessions. Such a system should contribute to industry-induced fleet reductions and improved economic performance while at the same time creating legally secure and exclusive transferable fishing concession of a Member State's annual fishing opportunities. Since ccess to the fishery should be based on environmental and social criteria as a means of promoting responsible fishing which would serve to ensure that those operators who fish in the least environmentally damargine biological resources are a common good, transferable fishing concessions should only establish user entitlements to a Member State's part of annual fishing opportunities which may be recalled according to established rulesg way and provide the greatest benefits for society are encouraged.
Amendment 420 #
2011/0195(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 433 #
2011/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 456 #
2011/0195(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) For Union fishing vessels not operating under a system of transferable fishing concessions, sSpecific measures mayshould be taken to align the number of Union fishing vessels with available resources. Such measures should set compulsory maximum fleet capacity ceilings and establish national entry/exit schemes in relation to decommissioning funding granted under the European Fisheries Fund.
Amendment 476 #
2011/0195(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Member States should manage and make available to end-users of scientific- data the collected data, on the basis of a multi-annual Union program. Member States should also cooperate with each other to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries within the same sea basin regarding data collection.
Amendment 490 #
2011/0195(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Sustainable fisheries agreements concluded with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice, ensuring a sustainable exploitation of the marine biological resources while respecting the principle in the UNCLOS of surplus. Those agreements, which provide for access rights in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality governance framework to ensure in particular efficient monitoring, control and surveillance measures.
Amendment 573 #
2011/0195(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 604 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 1
Part 1 – article 2 – paragraph 1
1. The Common Fisheries Policy shall ensure that fishing and aquaculture activitiesIn order to achieve the objectives of the Treaty and to provide long-term sustainable environmental, economic and social conditions and contribute to the availability of food supplies, the Common Fisheries Policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long term.
Amendment 632 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
2. To this end, the Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure, with high probability and by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.
Amendment 650 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 3
Part 1 – article 2 – paragraph 3
3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited. minimised and do not contribute to the degradation of the marine environment.
Amendment 676 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – introductory part
Part 1 – article 3 – paragraph 1 – introductory part
For the purpose of achieving the general objectives set out in Article 2, the Common Fisheries Policy shall in particularalso:
Amendment 678 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point -a (new)
Part 1 – article 3 – paragraph 1 – point -a (new)
(-a) ensure that fishing capacity is quantitatively and qualitatively assessed and managed so that the fleets' ability to catch fish is commensurate with the available resources;
Amendment 689 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) eliminate unwanted and unauthorised catches of commercial and non- commercial stocks and gradually ensure that all catches of such stocks are landed without creating new markets or expanding existing ones;
Amendment 699 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a a (new)
Part 1 – article 3 – paragraph 1 – point a a (new)
(a a) contribute to the achievement and maintenance of good environmental status as set out in Article 1(l) of Directive 2008/56EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive);
Amendment 712 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point b
Part 1 – article 3 – paragraph 1 – point b
(b) provide conditions for efficient fishing activities withinnvironmentally and socially sustainable fishing activities, based on equitable and transparent criteria, to foster an economically viable and competitive fishing industry;
Amendment 726 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point c
Part 1 – article 3 – paragraph 1 – point c
(c) promote the development ofensure that Union aquaculture activities toare environmentally sustainable and contribute to food security and employment in coastal and rural areas;
Amendment 730 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point c a (new)
Part 1 – article 3 – paragraph 1 – point c a (new)
(c a) ensure systematic and harmonised data collection and management;
Amendment 732 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point d
Part 1 – article 3 – paragraph 1 – point d
Amendment 752 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point e
Part 1 – article 3 – paragraph 1 – point e
Amendment 756 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point f
Part 1 – article 3 – paragraph 1 – point f
Amendment 782 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 a (new)
Part 1 – article 3 – paragraph 1 a (new)
Subject to the above and to the extent possible, the Common Fisheries Policy shall also seek to: (a) create conditions that contribute to a fair standard of living for those who depend on fishing activities; (b) take into account the interests of consumers; (c) develop techniques to improve animal welfare, including the minimisation of unnecessary animal suffering in both capture fisheries and aquaculture.
Amendment 798 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point b
Part 1 – article 4 – paragraph 1 – point b
(b) establishment of measures in accordance withthat follow the best available scientific advice, consistent with the precautionary approach;
Amendment 821 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f
Part 1 – article 4 – paragraph 1 – point f
(f) consistence with the integrated maritime policy, and with other Union policies in particular environment and development policies.
Amendment 827 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f a (new)
Part 1 – article 4 – paragraph 1 – point f a (new)
(f a) transparency and access to information in accordance with the Aarhus Convention, including for the external dimension.
Amendment 837 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 4
Part 1 – article 5 – paragraph 1 – indent 4
– ‘fishing vessel’ means any vessel equipped for commercial fishing of marine biological resources and related activities;
Amendment 849 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 6
Part 1 – article 5 – paragraph 1 – indent 6
– ‘'maximum sustainable yield’' means the maximum average catch that may be taken from a fish stock indefinitely, for a given selectivity;
Amendment 866 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 7
Part 1 – article 5 – paragraph 1 – indent 7
– ‘'precautionary approach to fisheries management’' means an approach according to which decision-making shall be more cautious, by taking uncertainties into account, especially when information is unreliable or inadequate, and that the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non- target species and their environment;
Amendment 876 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 8
Part 1 – article 5 – paragraph 1 – indent 8
– ‘'ecosystem-based approach to fisheries management’' means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impdecision-making considers the impacts of fishing, other human activities and environmental factors of fishing operations on marine ecosystems are low and not detrimental to the future functioning, diversity and integrity of those ecosystemn target stocks and all other species belonging to the same ecosystem or associated with or dependent upon the target stocks, ensuring that the collective pressure of such activities is kept within levels compatible with the achievement of good environmental status;
Amendment 911 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 14 a (new)
Part 1 – article 5 – paragraph 1 – indent 14 a (new)
- 'small pelagic species' means mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardinella;
Amendment 914 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 14 b (new)
Part 1 – article 5 – paragraph 1 – indent 14 b (new)
- ‘large pelagic species’ means bluefin tuna, swordfish, albacore tuna, bigeye tuna, yellowfin tuna, other billfish;
Amendment 916 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 14 c (new)
Part 1 – article 5 – paragraph 1 – indent 14 c (new)
- ‘species for industrial purposes’ means capelin, sandeel, Norway pout;
Amendment 936 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 18
Part 1 – article 5 – paragraph 1 – indent 18
– ‘'individual fishing opportunities’' means annual fishing opportunities allocated to holders of transferable fishing concessionsa fishing licence in a Member State on the basis of the proportion of fishing opportunities pertaining to that Member State;
Amendment 943 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 19
Part 1 – article 5 – paragraph 1 – indent 19
– ‘'fishing capacity’' means a vessel's tonnage in GT (Gross Tonnage) and, its power in kW (Kilowatt) as definednd its gear type as defined respectively in Articles 4 and 5 and Annex XI of Council Regulation (EEC) No 2930/8635 , the amount of gear deployed and any other parameter that affects its ability to catch fish;
Amendment 988 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32
Part 1 – article 5 – paragraph 1 – indent 32
– ‘'sustainable fisheries agreements’' mean international agreements concluded with another state for the purpose of obtaining access to resources or waters that aim to restore or maintain fish stocks at levels above those capable of producing maximum sustainable yield in exchange for financial compensation from the Union.;
Amendment 997 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
Part 1 – article 5 – paragraph 1 – indent 32 a (new)
– 'good environmental status' means as defined in Directive 2008/56/EC Art 9.3
Amendment 1019 #
2011/0195(COD)
Proposal for a regulation
Part 2 – article 6 – paragraph 2
Part 2 – article 6 – paragraph 2
2. In the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States shall be authorised from 1 January 2013 to 31 December 2022 to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast, without prejudice to the arrangements for Union fishing vessels flying the flag of other Member States under existing neighbourhood relations between Member States and the arrangements contained in Annex I, fixing for each Member State the geographical zones within the coastal bands of other Member States where fishing activities are pursued and the species concerned. Member States shall inform the Commission of the restrictions put in place under this paragraph.
Amendment 1025 #
2011/0195(COD)
Proposal for a regulation
Part 2 – article 6 – paragraph 3
Part 2 – article 6 – paragraph 3
3. In the waters up to 100 nautical miles from the baselines of the Azores, Madeira and the Canary Islands, the Member States concerned may from 1 January 2013 to 31 December 2022 restrict fishing to vessels registered in the ports of those islands. Such restrictions shall not apply to Union vessels that traditionally fish in those waters, in so far as those vessels do not exceed the fishing effort traditionally exerted. Member States shall inform the Commission of the restrictions put in place under this paragraph.
Amendment 1033 #
2011/0195(COD)
Proposal for a regulation
Part 2 – article 6 – paragraph 4
Part 2 – article 6 – paragraph 4
Amendment 1039 #
Amendment 1040 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article -7 (new)
Part 3 – article -7 (new)
Article -7 Conservation measures The Union shall adopt measures for the conservation of marine biological resources, as outlined in Articles 7 and 8. They shall be incorporated in the multiannual management plans as outlined in Articles 9 through 11 inclusive.
Amendment 1046 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point a
Part 3 – article 7 – paragraph 1 – point a
Amendment 1056 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point b
Part 3 – article 7 – paragraph 1 – point b
(b) establishing targets for the sustainable exploitation of stocks in accordance with the objectives set in Art 2.2;
Amendment 1062 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point c
Part 3 – article 7 – paragraph 1 – point c
(c) adopting measures for the purpose of adapting the number of fishing vessels and/or types of fishing vessels and/or the amount and type of gear deployed to available fishing opportunities;
Amendment 1076 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point d
Part 3 – article 7 – paragraph 1 – point d
(d) establishing incentives, including those of an economic nature or enhanced access to resources, to promote more selective or low impact fishing;
Amendment 1100 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 – paragraph 1 – point h
Part 3 – article 7 – paragraph 1 – point h
(h) conducting pilot projects on alternative types of fishing management techniques that increase selectivity or minimise the impact of fishing activies on the marine environment.
Amendment 1127 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point c
Part 3 – article 8 – paragraph 1 – point c
(c) prohibitions or restrictions of the use of certain fishing gears in certain areas or seasons;
Amendment 1144 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point e
Part 3 – article 8 – paragraph 1 – point e
(e) requirements for fishing vessels to cease operating in an area for a defined minimum period in order to protect a temporary aggregation of a vulnerable marine resourceincluding spawning aggregations;
Amendment 1157 #
Amendment 1168 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 1
Part 3 – article 9 – paragraph 1
1. Multiannual management plans providing for levels of fishing mortality and other conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority. Plans for all regulated stocks and fisheries shall be adopted within three years of the entry into force of the present regulation.
Amendment 1184 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point a
Part 3 – article 9 – paragraph 2 – point a
(a) the basis for fixing fishing opportunities for the fish stocks concerned on the basis of predefined conservation reference points; and while respecting scientific advice;
Amendment 1193 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b a (new)
Part 3 – article 9 – paragraph 2 – point b a (new)
(ba) measures to improve the selectivity of fishing gears and practices so as to reduce catches of unwanted and unauthorised fish and other species;
Amendment 1197 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b b (new)
Part 3 – article 9 – paragraph 2 – point b b (new)
(bb) measures to maintain age and sex structures of fish stocks capable of ensuring their full reproductive potential;
Amendment 1199 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b c (new)
Part 3 – article 9 – paragraph 2 – point b c (new)
(bc) measures to reduce the impact of fishing activities on the marine environment, including the benthic zone;
Amendment 1200 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b d (new)
Part 3 – article 9 – paragraph 2 – point b d (new)
(bd) measures to reduce the impact of fishing activities on the marine environment, including the benthic zone;
Amendment 1201 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b e (new)
Part 3 – article 9 – paragraph 2 – point b e (new)
(be) measures for the disposal on shore of catches retained under the provisions of Article 15;
Amendment 1202 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b f (new)
Part 3 – article 9 – paragraph 2 – point b f (new)
(bf) measures for the restoration and maintenance of good environmental status; and
Amendment 1203 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 2 – point b g (new)
Part 3 – article 9 – paragraph 2 – point b g (new)
(bg) measures to ensure compliance with the provisions of the multiannual management plan.
Amendment 1227 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 4 a (new)
Part 3 – article 9 – paragraph 4 a (new)
4a. The Commission shall be empowered to adopt delegated acts in accordance with Article 55, to set fishing opportunities at zero for those stocks for which multiannual management plans have not been adopted by the date set out in paragraph 1.
Amendment 1256 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 1
Part 3 – article 10 – paragraph 1
1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting by 2015 in a fishing mortality rate that shall, with high probability, restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015.
Amendment 1265 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 1 a (new)
Part 3 – article 10 – paragraph 1 a (new)
1a. Multiannual plans shall aim to eliminate unwanted and unauthorized catches of commercial and non- commercial species.
Amendment 1294 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – point ii
Part 3 – article 11 – paragraph 1 – point c – point ii
(ii) spawning stock biomass, and/or
Amendment 1296 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – point ii a (new)
Part 3 – article 11 – paragraph 1 – point c – point ii a (new)
(iia) selectivity of the fishing gear and/or
Amendment 1306 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point d
Part 3 – article 11 – paragraph 1 – point d
(d) clear time frames to reach all of the quantifiable targets;
Amendment 1311 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point d a (new)
Part 3 – article 11 – paragraph 1 – point d a (new)
(da) provisions to systematically reduce fishing opportunities when the quality or quantity of data available from the fishery decline;
Amendment 1321 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e
Part 3 – article 11 – paragraph 1 – point e
(e) technical measures including measures concerning the eliminata comprehensive set of technical measures designed to eliminate unwanted and unauthorised catches of commercial and non-commercial species within a periond of unwanted catchesthree years from the date of entry into force of the multiannual plan;
Amendment 1408 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 13 – paragraph 1
Part 3 – article 13 – paragraph 1
1. On the basis of evidence of a serious threat to the conservation of marine biological resources, or to the marine eco- system and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, mayshall decide on temporary measures to alleviatremove the threat.
Amendment 1434 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – introductory part
Part 3 – article 14 – paragraph 1 – introductory part
Technical measures frameworks to ensure the protection of the marine environment, including marine biological resources, and the reduction of the impact of fishing activities on fish stocks and on marine eco-systemther species shall be established and incorporated into new and, within three years, existing multiannual plans. Technical measures frameworks shall:
Amendment 1450 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point b
Part 3 – article 14 – paragraph 1 – point b
(b) reducminimise and progressively eliminate catches of undersized individuals from fish stocks;
Amendment 1454 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point c
Part 3 – article 14 – paragraph 1 – point c
(c) reduce catches of unwanted marine organisms;minimise and progressively eliminate catches of unwanted and unauthorized marine organisms including seabirds
Amendment 1459 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 14 – paragraph 1 – point d
Part 3 – article 14 – paragraph 1 – point d
(d) mitigatnimise the impact of fishing gear on the ecosystem and the marine environment, with particular regard to the protection of biologically sensitive stocks and habitats.
Amendment 1497 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point a – indent 1
Part 3 – article 15 – paragraph 1 – point a – indent 1
– mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardinella, capelinsmall pelagic species;
Amendment 1502 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point a – indent 2
Part 3 – article 15 – paragraph 1 – point a – indent 2
– bluefin tuna, swordfish, albacore tuna, bigeye tuna, other billfish.large pelagic species; and
Amendment 1504 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point a – indent 2 a (new)
Part 3 – article 15 – paragraph 1 – point a – indent 2 a (new)
– species used for industrial purposes.
Amendment 1511 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point b
Part 3 – article 15 – paragraph 1 – point b
(b) At the latest from 1 January 2015: cod, hake, sole;all other species.
Amendment 1515 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point c
Part 3 – article 15 – paragraph 1 – point c
Amendment 1530 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 a (new)
Part 3 – article 15 – paragraph 1 a (new)
1 a. Species for which scientific evidence demonstrates high survival rates, bearing in mind the specifics of the fishing operation (gear, depth), shall be exempted from the provisions of paragraph 1. The Commission shall be authorised to adopt delegated acts in accordance with Article 55, to determine such a list of species.
Amendment 1546 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 2
Part 3 – article 15 – paragraph 2
2. Minimum conservation reference sizes based on the best available scientific advice concerning the size at maturity shall be established for the fish stocks set out in paragraph 1. The sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal and oil or pet food only.
Amendment 1562 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 3 a (new)
Part 3 – article 15 – paragraph 3 a (new)
3a. Proceeds from sales of all landings resulting from the obligation included in paragraph 1 shall go in their entirety to a fund managed by the Member State in which the landings occur to be used for control and surveillance and the collection of scientific and fishery-related data.
Amendment 1578 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 4 a (new)
Part 3 – article 15 – paragraph 4 a (new)
4 a. The European Fisheries Control Agency shall coordinate the impementation of the obligation to land all catches through Joint Deployment Plans.
Amendment 1597 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 16 – paragraph 1
Part 3 – article 16 – paragraph 1
1. Fishing opportunities allocated to Member States shall ensure each Member State relative stability of fishing activities for each fish stock or fishery. The interests of eachBeginning from 1 January 2015, fishing opportunities allocated to Member States shall be taken into account when new fishing opportunities are allocatedcompliance with the Common Fisheries Policy.
Amendment 1615 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 16 – paragraph 3
Part 3 – article 16 – paragraph 3
3. Fishing opportunities shall comply winot exceed the quantities recommended by scientific advice as necessary to achieve the quantifiable targets, time frames and margins established in accordance with Article 9(2) and 11(b), (c) and (h).
Amendment 1630 #
Amendment 1644 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 1
Part 3 – article 17 – paragraph 1
1. In a multiannual plan established pursuant to Articles 9, 10 and 11 Member States may be authorised, following the procedures outlined in the present article, to adopt measures, in accordance with that multiannual plan, which specify the conservation measures applicable to vessels flying their flag in relation to stocks in Union waters for which they have been allocated fishing opportunities.
Amendment 1647 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 1 a (new)
Part 3 – article 17 – paragraph 1 a (new)
1a. For fisheries conducted entirely within the waters under the sovereignty and jurisdiction of a single Member State, the Member concerned State shall create one or more committees including all relevent stakeholders which shall be consulted concerning the measures to be adopted. If the Member State intends to deviate in any way from the advice it receives from that committee it shall publish an assessment outlining in detail its reasons for deviating from the advice.
Amendment 1653 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 – point a
Part 3 – article 17 – paragraph 2 – point a
(a) are compatible with the objectives set out in Articles 2 and 3 and the principles of good governance set out in Article 4;
Amendment 1657 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 – point c
Part 3 – article 17 – paragraph 2 – point c
(c) meet the objectives and quantifiable targets set out in a multiannual plan effectively with a high probability and within the time frame specified; and
Amendment 1668 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 a (new)
Part 3 – article 17 – paragraph 2 a (new)
2a. Member States adopting conservation measures pursuant to Article 17(1) shall notify the Commission, other interested Member States and relevant Advisory Councils of such measures. In cases where the Member State fails to adopt such conservation measures within three months of the adoption of the multiannual management plan, the Commission shall be empowered to act under the provisions of Article 20.
Amendment 1673 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 b (new)
Part 3 – article 17 – paragraph 2 b (new)
2 b. For fisheries conducted within the waters under the sovereignty and jurisdiction of two or more Member States, the Member States concerned shall cooperate in order to develop a joint recommendation for the conservation measures to be adopted. Each Member State shall create one or more committees including all relevent stakeholders which shall be consulted concerning the measures to be adopted. If the Member State intends to deviate in any way from the advice it receives from its national committee in the joint recommendation for conservation measures, it shall publish an assessment outlining in detail its reasons for deviating from the advice.
Amendment 1676 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 c (new)
Part 3 – article 17 – paragraph 2 c (new)
2c. The Member States shall ensure that the joint recommendation for conservation measures developed pursuant to paragraph 5: (a) are compatible with the objectives set out in Articles 2 and 3 and the principles of good governance set out in Article 4; (b) are compatible with the scope and objectives of the multiannual plan; (c) meet the objectives and quantifiable targets set out in a multiannual plan effectively with a high probability and within the time frame specified; and (d) are no less stringent than those existing in Union legislation.
Amendment 1679 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 d (new)
Part 3 – article 17 – paragraph 2 d (new)
2d. If all concerned Member States agree to a single joint recommendation for management measures, then the Commission shall, after verifying that the provisions of paragraph 7 are met, adopt the joint recommendation by delegated act in accordance with Article 55. Where all relevent Member States do not agree on a single joint recommendation within a period of three months of the adoption of the multiannual management plan, the Commission shall be empowered to act under the provisions of Article 20. The Commission may in addition submit a proposal under the ordinary legislative procedure.
Amendment 1681 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 e (new)
Part 3 – article 17 – paragraph 2 e (new)
2e. The Commission may at any time assess the compatibility and effectiveness of conservation measures adopted by Member States pursuant to paragraph 1.
Amendment 1683 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 17 – paragraph 2 f (new)
Part 3 – article 17 – paragraph 2 f (new)
2f. Detailed rules for the application of this article shall be adopted based on a proposal by the Commission.
Amendment 1685 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 18
Part 3 – article 18
Amendment 1691 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 19
Part 3 – article 19
Amendment 1781 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 25 – title
Part 3 – article 25 – title
Member States' measures applicable solely to fishing vessels flying their flag
Amendment 1784 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 25 – paragraph 1 – point a
Part 3 – article 25 – paragraph 1 – point a
(a) apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to legal or natural persons established in the territory;
Amendment 1795 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 26 a (new)
Part 3 – article 26 a (new)
Amendment 1796 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 26 b (new)
Part 3 – article 26 b (new)
Article 26 b Member State emergency measures 1. If there is evidence of a serious and unforeseen threat to the conservation of living aquatic resources, or to the marine ecosystem resulting from fishing activities, in waters falling under the sovereignty or jurisdiction of a Member State where any undue delay would result in damage that would be difficult to repair, that Member State may take emergency measures, the duration of which shall not exceed three months. 2. Where emergency measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum.
Amendment 1797 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 26 c (new)
Part 3 – article 26 c (new)
Article 26 c Member State Territorial Management Units 1. Member States may establish territorial management units (TMU) for fisheries in their territorial waters. Such units shall comprise a geographically delimited fishing area where Member States assign, to individual fishermen or a group of eligible holders, revocable, exclusive and non-transferable user entitlements to fish. 2. Member States adopting systems of TMUs shall inform the Commission. 3. Member States with coastal waters in the Mediterranean Sea shall establish TMUs for their Mediterranean fisheries by 2015 at the latest. In Mediterranean waters individual TMUs or groups of them, as appropriate, shall constitute the fishery unit addressed by multiannual plans according to Article 9. 4. If the Commission considers that the network of territorial management units of a Member State in the Mediterranean Sea is insufficient to achieve the requirements of paragraph 1 it shall request the Member State to make the necessary changes. If, within one year of receipt of the Commission's request, the Member State has not adapted its network, the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 55, to adopt additional measures to this end.
Amendment 1803 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – title
Part 4 – article 27 – title
Establishment of systems of transferable fishing concessionfor allocation of fishing opportunities
Amendment 1811 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – introductory part
Part 4 – article 27 – paragraph 1 – introductory part
1. Each Member State shall establish a system of transferable fishing concessions no later than 31 December 2013 fordecide, for vessels flying its flag, on the method of allocating the fishing opportunities assigned to that Member State in accordance with Community law. It shall inform the Commission of the allocation method.
Amendment 1822 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point a
Part 4 – article 27 – paragraph 1 – point a
Amendment 1832 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point b
Part 4 – article 27 – paragraph 1 – point b
Amendment 1840 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 2
Part 4 – article 27 – paragraph 2
Amendment 1857 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – title
Part 4 – article 28 – title
Allocation of transferable fishing concessionfishing opportunities
Amendment 1858 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 1
Part 4 – article 28 – paragraph 1
Amendment 1865 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 2
Part 4 – article 28 – paragraph 2
2. Each Member State shall allocate transferable fishing concessionfishing opportunities on the basis of equitable, transparent criteriaand objective environmental and social criteria as provided for in Article 36 bis, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreements.
Amendment 1869 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 3
Part 4 – article 28 – paragraph 3
Amendment 1877 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 4
Part 4 – article 28 – paragraph 4
4. Transferable fishing concessionFishing opportunities may only be allocated by a Member State to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States may limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteriaits flag.
Amendment 1879 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 4 a (new)
Part 4 – article 28 – paragraph 4 a (new)
4 a. When allocating fishing opportunities, a Member State may provide incentives to fishing vessels deploying selective fishing gear that eliminates unwanted by-catch or using fishing techniques with reduced environmental impact, inter alia reduced energy consumption or habitat damage within the fishing opportunities assigned to that Member State.
Amendment 1886 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 5
Part 4 – article 28 – paragraph 5
5. Where Member States may limit the period of validitydevelop new systems of transferable fishing concessions to a period of at least 15 years, for the purpose of reallocating such concessions. Where Member States have not, they shall limited their period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 15 years.
Amendment 1889 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 5 a (new)
Part 4 – article 28 – paragraph 5 a (new)
5 a. Under no circumstances shall systems of transferable fishing concessions apply outside Union waters.
Amendment 1898 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 6
Part 4 – article 28 – paragraph 6
6. Member States may recall transferable fishing concessions with a shorter noticefishing opportunities in the event of an established serious infringement committed by the holder of the concessions. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect.
Amendment 1904 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 7
Part 4 – article 28 – paragraph 7
7. Notwithstanding paragraph 5 and 6, Member States may recall transferable fishing concessionMember States may recall and reallocate fishing opportunities that have not been used on a fishing vessel for a period of three consecutive years.
Amendment 1907 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 7 a (new)
Part 4 – article 28 – paragraph 7 a (new)
7 a. Fishing vessels shall undertake fishing activities only when in possession of sufficient individual fishing opportunities to cover all their potential catch.
Amendment 1908 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 28 – paragraph 7 b (new)
Part 4 – article 28 – paragraph 7 b (new)
7 b. Member States may set fees for the use of individual fishing opportunities to contribute to fisheries management- related costs.
Amendment 1909 #
Amendment 1912 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 29
Part 4 – article 29
Amendment 1957 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 30 – title
Part 4 – article 30 – title
Register of transferable fishing concessions and individual fishing opportunities
Amendment 1961 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 30 – paragraph 1
Part 4 – article 30 – paragraph 1
Member States shall establish and maintain a register of transferable fishing concessions and individualfishing opportunities. Systems existing prior to 1 January 2013 shall be included in such a register. The register shall include the name and address of the holder and, where relevant, the purchase price of the fishing opportunitiesy. It shall be in the public domain.
Amendment 1964 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 31
Part 4 – article 31
Amendment 1968 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 31
Part 4 – article 31
Amendment 1995 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 32
Part 4 – article 32
Amendment 2000 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 32
Part 4 – article 32
Amendment 2010 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 33
Part 4 – article 33
Amendment 2012 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 33
Part 4 – article 33
Allocation of fishing opportunities not subject to a system of transferable fishing 1. Each Member State shall decide how fishing opportunities assigned to it in accordance with Article 16, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag. It shall inform the Commission of the allocation method.rticle 33 deleted concessions
Amendment 2025 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article -34 a (new)
Part 5 – article -34 a (new)
Article -34 a Measurement of fishing capacity 1. Fishing fleets of the Member States shall be measured in terms of their ability to catch fish. To this end, by 30 June 2013 the Commission shall submit a proposal to the European Parliament and the Council to amend Council Regulation (EEC) 2930/1986 to define capacity according to the following characteristics: a) length overall b) breadth c) gross tonnage d) engine power e) gear type f) gear dimension (including number of units deployed) g) any other measurable characteristic that affects a vessel's ability to catch fish 2. Member States shall submit to the Commission verified data for their fleets according to the vessel characteristics included in paragraph 1 by 31 December 2013. Failure to do so shall result in a suspension of their fishing opportunities. 3. By 30 June 2014 the Commission shall publish a detailed inventory of the capacity of the current fishing fleets of each Member State. The Commission shall base this document on information furnished by the Member States as well as other information available to it, including, inter alia, scientific institutes, Regional Fisheries Management Organisations and others. This inventory shall constitute the basis for revised fishing capacity ceilings for each Member State in Annex II. 4. By 30 June 2014 the Member States shall submit to the Commission and publish an evaluation of the appropriate capacity of each segment of the fleets flying their flag, given the resources available to it. 5. The Commission shall verify the evaluations submitted by the Member States prior to their approval.
Amendment 2031 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 34 – paragraph 1
Part 5 – article 34 – paragraph 1
1. Member States shall put in place measures to adjust the fishing capacity of their fleetBy 31 December 2014 Member States shall adopt a detailed programme for any necessary adjustment of the fishing capacity of their fleets in terms of vessel number and characteristics in order to achieve an effective balance between such fishing capacity and their fishing opportunities. Such adjustment shall be achieved by 31 December 2015.
Amendment 2056 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 34 – paragraph 4 a (new)
Part 5 – article 34 – paragraph 4 a (new)
4 a. Failure by Member States to adapt their fleets by the date specified in paragraph 1 will result in a suspension of the fishing opportunities of the fleet segments concerned.
Amendment 2058 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 34 – paragraph 4 b (new)
Part 5 – article 34 – paragraph 4 b (new)
4 b. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the re-calculation of the fishing capacity ceilings as referred to in Article 33 a paragraph 3.
Amendment 2059 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 34 – paragraph 4 c (new)
Part 5 – article 34 – paragraph 4 c (new)
4 c. Union vessels shall require a valid engine certificate, issued in accordance with Council Regulation (EC) No 1224/2009, in order to be issued with a fishing licence or authorisation.
Amendment 2061 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 35 – title
Part 5 – article 35 – title
Amendment 2066 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 35 – paragraph 1
Part 5 – article 35 – paragraph 1
1. Each Member State fleets shall be subject to fishing capacity ceilings as set out in Annex IImanage entries into their fleets and exits from their fleets in such a way that the entry into the fleet of new capacity into the fleet without public aid is compensated by the previous withdrawal without public aid of at least the same amount of capacity.
Amendment 2071 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 35 – paragraph 2
Part 5 – article 35 – paragraph 2
Amendment 2079 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 35 – paragraph 3
Part 5 – article 35 – paragraph 3
Amendment 2093 #
2011/0195(COD)
Proposal for a regulation
Part 5 – article 36 – paragraph 4 a (new)
Part 5 – article 36 – paragraph 4 a (new)
4 a. The following information shall be in the public domain: (a) vessel name, Community Fishing Vessel Register number and physical characteristics; (b) licences and authorisations held by vessels; (c) name and address of vessel owner.
Amendment 2095 #
2011/0195(COD)
Proposal for a regulation
Part 5 a (new) – article 36 a new
Part 5 a (new) – article 36 a new
PART V a CRITERIA FOR ALLOCATION OF ACCESS TO FISHERIES Article 36 a Access criteria When allocating access to fisheries, Member States shall use transparent, quantifiable, equitable and verifiable criteria and grant priority access to environmentally and socially sustainable fishing practices. Criteria shall take account inter alia of: - the impact on the marine environment, - selectivity of the gear or fishing practice, - energy consumption and emissions, - employment provided, - working conditions, - quality of product, - contribution to the local economy, - history of compliance of the operator. Preference shall be given for fisheries for human consumption Every three years, Member States shall conduct a performance evaluation of all individual operators using vessels flying their flag. Performance data shall be incorporated in a data base accessible to the Commission, the Control Agency, and third countries upon request.
Amendment 2110 #
2011/0195(COD)
Proposal for a regulation
Part 6 – article 37 – paragraph 1 – point b
Part 6 – article 37 – paragraph 1 – point b
(b) the level of fishing, its temporal and spatial patterns and the impact that fishing activities have on the marine biological resources and, on the marine eco-systems, and the achievement of good environmental status and
Amendment 2165 #
2011/0195(COD)
Proposal for a regulation
Part 7 – title -1 – article 38 a (new)
Part 7 – title -1 – article 38 a (new)
Article 38 a External policy The external dimension of the Common Fisheries Policy shall be coherent with the Union's environment, development and trade policies. It shall follow the same principles and promote the same standards for fisheries management as applied in EU waters.
Amendment 2182 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 39 – paragraph 2
Part 7 – article 39 – paragraph 2
2. The positions of the Union in international organisations dealing with fisheries and RFMOs shall be based on best practice and the best available scientific advice and the precautionary and ecosystem-based approaches to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield.
Amendment 2190 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 39 – paragraph 3 a (new)
Part 7 – article 39 – paragraph 3 a (new)
3 a. The Union shall actively promote the conduct of independent performance reviews of RFMOs and the full and prompt implementation of their recommendations.
Amendment 2191 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 39 – paragraph 3 b (new)
Part 7 – article 39 – paragraph 3 b (new)
3 b. The Union shall actively support the development of equitable and transparent allocation mechanisms of fishing opportunities.
Amendment 2195 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 40 – paragraph 1
Part 7 – article 40 – paragraph 1
The Union, assisted by the European Fisheries Control Agency, shall cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures adopted by such international organisations. Member States shall ensure compliance of their operators with the measures referred to in the previous paragraph. In cases of non-compliance, Council Regulation 1005/2008 shall apply.
Amendment 2201 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 1
Part 7 – article 41 – paragraph 1
1. Sustainable Fisheries Agreements with third countries shall establish a legal, economic and environmental governance framework for fishing activities carried out by Union fishing vessels in third country waters in accordance with relevant measures adopted by international organizations including RFMOs. Such frameworks may include: a) development and support for the necessary scientific and research institutions; b) monitoring, control and surveillance capabilities; and c) other capacity building items pertaining to the development of a sustainable fisheries policy of the third country.
Amendment 2215 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 2
Part 7 – article 41 – paragraph 2
2. Union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in Article 62(2) of the United Nations Convention on the Law of the Sea, and identified on the basis of the best available scientific advice and relevant information exchanged between the Union and the third country concerned about the total fishing effort on the affected stocks by all fleets, in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield. Special consideration shall be given to the nutritional needs of the populations in the coastal State and of the land-locked States in the region and sub-region in accordance with Articles 69 and 70 of UNCLOS.
Amendment 2224 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 2 a (new)
Part 7 – article 41 – paragraph 2 a (new)
2 a. Sustainable Fisheries Agreements shall provide that fishing authorisations for stocks in the third country shall only be granted to fishing vessels that have been flagged in the EU during the 24 months preceding the request for a fishing authorisation.
Amendment 2228 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 2 b (new)
Part 7 – article 41 – paragraph 2 b (new)
2 b. No Union fishing vessels shall operate in a third country with which the Union has negotiated a Sustainable Fisheries Agreement outside the provisions of that Agreement.
Amendment 2230 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 2 c (new)
Part 7 – article 41 – paragraph 2 c (new)
2 c. Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, shall constitute an essential element of Sustainable Fisheries Agreements.
Amendment 2231 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 41 – paragraph 2 d (new)
Part 7 – article 41 – paragraph 2 d (new)
2 d. Independent evaluations shall be conducted of the impact of each protocol prior to the adoption of the mandate for negotiations for succeeding protocols and shall include information on catches and fishing activities. Such evaluations shall be in the public domain.
Amendment 2236 #
2011/0195(COD)
Proposal for a regulation
Part 7 – article 42 – paragraph 1 – point a
Part 7 – article 42 – paragraph 1 – point a
(a) support part of the cost of access to the fisheries resources in third country waters with the beneficiaries of the access to the fishery paying a progressively greater share of the costs;
Amendment 2248 #
2011/0195(COD)
Proposal for a regulation
Part 7 – title 2 a – article 42 a (new)
Part 7 – title 2 a – article 42 a (new)
TITLE II a OTHER ARRANGEMENTS Article 42 a Union fishing activities outside Sustainable Fisheries Agreements Member States shall obtain information on the existence of any arrangements between nationals of a Member State and a third country, allowing fishing vessels flying their flag to engage in fishing activities in waters under the jurisdiction or sovereignty of a third country and shall inform the Commission thereof by submission of a list of the vessels concerned and the details of the arrangement and activities.
Amendment 2249 #
Amendment 2252 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – title
Part 8 – article 43 – title
Amendment 2258 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – introductory part
Part 8 – article 43 – paragraph 1 – introductory part
1. With a view to promotingconserving the marine environment, promoting environmental sustainability and contributing to food security, growth and employment, non-binding Union strategic guidelines on common priorities, conditions and targets for the development of aquaculture activities shall be established by the Commission by 2013. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union, shall form the basis for multiannual national strategic plans and shall aim at:
Amendment 2259 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point -a (new)
Part 8 – article 43 – paragraph 1 – point -a (new)
(-a) reducing the environmental impact of aquaculture activities so as to contribute to the achievement of good environmental status;
Amendment 2260 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point -a (new)
Part 8 – article 43 – paragraph 1 – point -a (new)
(-a) encouraging the use of non- carnivorous species and reducing the use of fishery products as fish feed;
Amendment 2270 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point a
Part 8 – article 43 – paragraph 1 – point a
(a) improving the competitiveness of the aquaculture industry and supporting its development and innovation;
Amendment 2273 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point b
Part 8 – article 43 – paragraph 1 – point b
(b) encouragingsuring that economic activity does not contribute to the degradation of the marine environment;
Amendment 2280 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 1 – point d
Part 8 – article 43 – paragraph 1 – point d
Amendment 2307 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 2
Part 8 – article 43 – paragraph 2
2. Member States shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory by 2014 in conformity with the Union strategic guidelines.
Amendment 2311 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 3
Part 8 – article 43 – paragraph 3
3. The multiannual national strategic plan shall include the Member State's objectives and the measures and timelines required to achieve them.
Amendment 2314 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point a
Part 8 – article 43 – paragraph 4 – point a
Amendment 2322 #
2011/0195(COD)
Proposal for a regulation
Part 8 – article 43 – paragraph 4 – point b
Part 8 – article 43 – paragraph 4 – point b
Amendment 2415 #
2011/0195(COD)
Proposal for a regulation
Part 10 – article 46 – paragraph 2 a (new)
Part 10 – article 46 – paragraph 2 a (new)
2 a. The implementation of the Union fisheries control system shall be sustained by an effective cooperation and coordination between Member States, the Commission and the European Fisheries Control Agency at a regional level to implement the principles included in paragraph 2. The European Fisheries Control Agency shall be the control regulation body designated for the exchange of data in electronic form and enhanced maritime surveillance capacity in order the monitor fishing activities. In case of serious threat to the conservation of marine biological resources, the European Fisheries Control Agency shall set up an emergency unit upon request by the Commission.
Amendment 2416 #
2011/0195(COD)
Proposal for a regulation
Part 10 – article 46 a (new)
Part 10 – article 46 a (new)
Amendment 2452 #
2011/0195(COD)
Proposal for a regulation
Part 11 – article 51 – paragraph 2
Part 11 – article 51 – paragraph 2
2. Serious infringements by operators of the rules of the Common Fisheries Policy shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures shall be dissuasive, effective and proportionate to the nature, extent, duration and repetition of serious infringements.
Amendment 2454 #
2011/0195(COD)
Proposal for a regulation
Part 11 – article 51 – paragraph 3
Part 11 – article 51 – paragraph 3
3. Member States shall ensure that Union financial assistance is granted only if no sanctions for serious infringements have been imposed to the concerned operator within a period of 15 years prior to the date of application for Union financial assistance.
Amendment 2507 #
2011/0195(COD)
Proposal for a regulation
Part 12 – article 54 – paragraph 1
Part 12 – article 54 – paragraph 1
1. Advisory Councils shall be composed of organizations representing the fisheries operators and other interest groupall stakeholders affected by the Common Fisheries Policy.
Amendment 2539 #
2011/0195(COD)
Proposal for a regulation
Part 14 – article 57 – paragraph 4
Part 14 – article 57 – paragraph 4
Amendment 2542 #
2011/0195(COD)
Proposal for a regulation
Part 14 – article 58
Part 14 – article 58
Amendment 2545 #
2011/0195(COD)
Proposal for a regulation
Part 14 – article 58 a (new)
Part 14 – article 58 a (new)
Article 58 a Review 1. Every 5 years, the Commission shall review the provisions of Part I and present proposals to the European Parliament and the Council to incorporate progress and best practices in fisheries management. 2. The Commission shall report to the European Parliament and the Council on the operation of the Common Fisheries Policy before the end of 2022.
Amendment 2 #
2009/2233(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to its resolution of 16 June 2010 on EU 2020,
Amendment 5 #
2009/2233(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union can be globally competitive only insofar as internal policies bolster its capacity to respond to global challenges by running a sustainable, low-carbon economy which safeguards biodiversity, with periods of recession illustrating how less developed regions have a lesser capacity for recuperation,
Amendment 12 #
2009/2233(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European Council of March 2010 acknowledged the importance of promotin its resolution of 16 June 2010 Parliament expresses its disappointment with the maing economic, social and territorial cohesion, and especially the development of infrastructure, to help ensure the success of the EU 2020 Strategy, in circumstances where this new strategy will be addressing blockages in economic developmentlements of the new EU 2020 strategy agreed by the European Council on 26 March 2010 and calls for that strategy to pursue a broad political concept for the future of the EU as a competitive, social and sustainable Union putting people and the protection of the environment at the centre of policy- making,
Amendment 17 #
2009/2233(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, alongside the effects of the crisis, major challenges will have to be faced in coming years – adjusting to globalisation, demographic changes, climate change and, energy related issues and the protection of biodiversity – and the regions will play a crucial role in ensuring the conditions are in place to limit their impact on the public, and whereas these need to be bolstered, on the basis of identified needs, by harnessing the partnership principle and suitable instruments for ex ante assessment of the territorial impact of different policy types,
Amendment 31 #
2009/2233(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the key role played by the public sector, through the implementation of cohesion policy, in rebuilding confidence and solidarity in times of recession and thereafter by making public investment, especially in infrastructure, and ensuring which fosters sustainable development;
Amendment 36 #
2009/2233(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that, as provided for in the Treaty of Lisbon, the balanced economic development of the EU reduces regional disparities in levels of development and prepares the regions to meet the challenges of globalisation, demographic change and, climate change and biodiversity protection, by taking into account their specific weaknesses;
Amendment 68 #
2009/2233(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that the key indicator in deciding which areas are eligible for EU financial assistance should be the level of GDP and that the introduction of other indicators can onlymust be admitted after studies have been conducted on their relevance and on the way in which that information is collected and processed, in particular the GINI indicator on income disparities and the indicators of ecological and demographic vulnerability proposed by the Commission in its communication entitled ‘Regions 2020’;
Amendment 3 #
2009/2152(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the impact of climate change varies between sectors and European regions, particularly affecting mountain and coastal areas, the Mediterranean and Arctic regions. The repercussions of a global temperature rise will clearly be felt more acutely in those areas that are more dependent as the Commission study Regions 20201 has shown: Under the highest pressure of climate change are regions located in the South and East of Europe (Spain, Italy, Greece, Bulgaria, Cyprus, Malta and Hungary, as well as most of Romania and southern parts of France), where more than one the forces of nature (such as glacial, coastal and mountainous areas) and by vulnerable populationird of the EU population are living (a total of 170 million people); points out that vulnerable populations are most affected and that the effects of climate change can lead to migration flows, with a danger that regional disparities will subsequently increase;
Amendment 7 #
2009/2152(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that during the current programming period 2007-2013 the Member States are only allocating 3 percent (9 billion Euro) of the total amount to funding measures for energy efficiency and renewable energies in the operational programmes, and that investments in the new Member States of 2.4 percent are even lower ; therefore takes the view that the share of funding for energy efficiency and renewable energies in the recovery-plan of 500 million Euro can only be a first step in the right direction;
Amendment 13 #
2009/2152(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that with intelligent energy policies actively promoting renewable energy sources, decentralised energy supply and energy efficiency in their territories, the regions not only contribute to fighting the effects of climate change, but also open up new economic opportunities and prospects for their citizens; therefore asks the Member States and the Commission to increase the EU fund allocations by launching an initiative that revises the operational programmes in order to include more climate change mitigation and adaptation projects in all the types of investments; asks Member States to ensure the systematic integration of energy saving and renewable technology measures in all projects and to restrict climate-damaging investments;
Amendment 15 #
2009/2152(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that only close cooperation at all levels of governance will enable the European Union to implement an adaptation strategy from 2013Recognises that local and regional authorities are critical when it comes to practical climate actions and that if genuinely empowered and resourced, they have the potential to take the lead on emission reductions to ensure that ambitious targets for the reduction of global greenhouse gas emissions are met; therefore takes the view that only close cooperation at all levels of governance will enable the European Union to implement a strategy of transformation towards a low- carbon society and that integrated territorial climate plans are an indispensable tool to help to achieve this objective;
Amendment 20 #
2009/2152(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises, therefore, the need to ensure that the adaptation strategy isall European Union policies are integrated into, and are coherent with, all European Union policies the adaptation strategy; emphasises the key role played by local and regional authorities and the need for a bottom-up approach taking account of the differences between natural habitats in Europe, in full accordance with the subsidiarity principle, since it is convinced that local authorities will be better-equipped to find political solutions to their own needs;
Amendment 28 #
2009/2152(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers it essential to pursue policies that make both public and private investment and certain administrative acts (such as planning permission and development plans) subject to a climate impact assessment, so as to block investment in unsustainable infrastructure; therefore urges the Commission to work as soon as possible together with the Member States and stakeholders on a set of guidelines to ensure that account is taken of climate change impacts when implementing the Environmental Impact Assessment (EIA) of projects, the Strategic Environmental Assessment (SEA) and Directives relating to programmes or spatial planning policies;
Amendment 32 #
2009/2152(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that, from the micro- climatic point of view, the further paving- over of land in densely populated areas and towns should be avoided;
Amendment 37 #
2009/2152(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Reiterates that the fight against climate change can create new jobs and may serve as an opportunity to arrive at a sustainable growth modeldevelopment;
Amendment 41 #
2009/2152(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Asks the Commission to ensure that the next financial perspective includes sufficient funding to implement effective climate change adaptation policies at all levels of governance, to revise the operational programmes, where necessary, until 2013 and to implement an adaptation strategy from 2013; asks the Commission to set up as a first step Guidelines which summarise measures and tools for a climate-friendly revision of the operational programmes, including best practice examples from the Member States;
Amendment 15 #
2009/2095(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Hopes that the EU’s maritime policies will henceforth be designed within the framework of a ‘single European sea’ and, consequently, calls on the Commission to develop a European maritime transport policy as part of a common maritime area;
Amendment 16 #
2009/2095(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Urges the Commission to continue to combat abuses of flags of convenience and to look at the possibility of creating a European register;
Amendment 24 #
2009/2095(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to submit to the Council and to the European Parliament by June 2010 a list of the State aid provided in the last three years to European maritime transport companies and a breakdown of the market, as a percentage, between container line consortia and maritime conferences;
Amendment 50 #
2009/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines that the social rules governing maritime workers, as laid down by the ILO, must be respected;
Amendment 54 #
2009/2095(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Urges the Commission to propose before the end of 2010 a system of ‘maritime emissions trading schemes’ (METS), which would be used as an additional tool for the reduction of CO2 emissions from maritime transport;
Amendment 55 #
2009/2095(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that these reductions must be agreed in global fora in order to limit disparities in competitive conditions, but that this must not prevent the EU from taking initiatives aimed at further reductions in the fleets of its Member States, thereby encouraging the other continents to follow suit and helping them to become competitive in this area;
Amendment 73 #
2009/2095(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses that, as part of its research and development policy, the Commission must give priority to innovation in the area of renewable technologies for use on vessels, such as solar and wind technologies;
Amendment 30 #
2009/0005(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
2a. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1 should apply. The transfer of personal and commercial data should only be permitted with the express permission of the individual or firm concerned. 1 OJ L 281, 23.11.1995, p. 31.
Amendment 36 #
2009/0005(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
7a. National language requirements are often an obstacle to the development of the coastal shipping network. Regulation 14(4) of Chapter V of the SOLAS Convention should be retained, given that the Member States are contracting parties to the Convention. That regulation provides for the use of English as the working language. This rule should not apply to ports where less than 10% of the traffic is international until 36 months after this directive comes into force.
Amendment 49 #
2009/0005(COD)
Proposal for a directive
Article 5 – subparagraph 3
Article 5 – subparagraph 3
The information shall be considered to comply if it results from the application of the definitions referred to in the FAL Convention given in Annex II and is notified using the FAL forms listed in Annex I, using the methods established in the FAL Convention. The FAL forms must be submitted in accordance with the language rules specified by the International Maritime Organisation in Regulation 14(4) of Chapter V of the SOLAS Convention as referred to in Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers. That regulation provides for the use of English as the common working language. This rule should not apply to ports where less than 10% of the traffic is international until 36 months after this directive comes into force. 1 OJ L 136, 18.5.2001, p. 17.
Amendment 55 #
2009/0005(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Confidentiality of data The Member States shall, in compliance with EU legislation, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data 1, and with national legislation, take the necessary measures to ensure that commercial and confidential data collected in accordance with this directive are adequately protected. The Member States shall ensure that the users of these data have access only to the databases relevant to their specific responsibilities and thus do not misuse these data or transfer personal or commercial data without the express permission of the individual or firm concerned. 1 OJ L 281, 23.11.1995, p. 31.
Amendment 60 #
2009/0005(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a European Maritime Safety Agency When Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency1 is next revised, the Commission shall, on the basis of this directive, propose amendments intended to make this Agency operational and competent in respect of the monitoring and the technical and administrative harmonisation of the formalities provided for in this directive. _____________________ 1 OJ L 208, 5.8.2002, p. 1.