100 Amendments of Hermann WINKLER related to 2011/0276(COD)
Amendment 20 #
Proposal for a regulation
Recital 9
Recital 9
(9) For the Partnership Contract and each programme respectively, a Member State should organise, in accordance with its constitutional, legal and financial requirements and circumstances, 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 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. 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 23 #
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 FundsA Common Strategic Framework in the annex to this regulation will detail the objectives of the Union, in order to provide clearer strategic direction to the programming process at the level of Member States and regions. The Common Strategic Framework should facilitate sectoral and territorial coordination of Union intervention under the CSF Funds and with other relevant Union policies and instruments.
Amendment 24 #
Proposal for a regulation
Recital 16
Recital 16
(16) On the basis of the Common Strategic Fframework adopted by the Commission, each Member State should prepare, in cooperation with its partners, and in dialogue with the Commission, a Partnership Contract. The Partnership Contract should translate the elements set out in the Common Strategic Framework into the national context and set out firm commitments to the achievement of Union objectives through the programming of the CSF Funds.
Amendment 25 #
Proposal for a regulation
Recital 17
Recital 17
(17) Member States should concentrate support to ensure a significant contribution to the achievement of Union objectives in line with their specific national and regional development needs. Ex ante conditionalities should be defined which have a close substantive relationship with, and a direct impact on, the efficient use of the CSF funds to ensure that the necessary framework conditions for the effective use of Union support are in place. The fulfilment of those ex ante conditionalities should be assessed by the Commission in the framework of its assessment of the Partnership Contract and programmes. In cases where there is a failure to fulfil an ex ante conditionality, the Commission should have the power to suspend payments to the programme.
Amendment 28 #
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, there should be no performance reserve for 'European Territorial Cooperation' programmes. In cases where the shortfall in the achievement of milestones or targets 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 way.
Amendment 29 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 39 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to promote the Treaty objectives of economic, social and territorial cohesion, the 'Investment for growth and jobs' goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF among the less developed regions, the transition regions and the more developed regions according to their gross domestic product (GDP) per capita in relation to the EU average. In order to ensure the long-term sustainability of investment from the Structural Funds, regions whose GDP per capita for the 2007-2013 period was less than 75% ofich received funding under the aconverage of the EU-25 for the referencence objective in the 2007-2013 period but whose GDP per capita has grown to more than 75% of the EU-27 average should receive at least two thirds of their 2007-2013 allocation. Member States whose per capita gross national income (GNI) is less than 90 % of that of the Union average should benefit under the 'Investment for growth and jobs' goal from the CF.
Amendment 40 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 41 #
Proposal for a regulation
Recital 59
Recital 59
(59) As regards the Funds and with a view to ensuring an appropriate allocation to each category of regions, resources should notin principle be transferred between less developed, transition and more developed regions except in duly justified circumstances linked to the delivery of one or more thematic objectives and for no more than 230 % of the total appropriation for that category of region.
Amendment 46 #
Proposal for a regulation
Recital 88
Recital 88
Amendment 47 #
Proposal for a regulation
Recital 90
Recital 90
(90) The Commission should be empowered to adopt, by means of implementing acts, as regards all CSF Funds, decisions approving the Partnership Contracts, decisions on the allocation of the performance reserve, decisions suspending payments linked to Member States' economic policies, and, in the case of decommitment, decisions to amend decisions adopting programmes; and as regards the Funds, decisions identifying the regions and Member States fulfilling the Investment for growth and jobs criteria, decisions setting out the annual breakdown of commitment appropriations to the Member States, decisions setting out the amount to be transferred from each Member State's CF allocation to the Connecting Europe Facility, decisions setting out the amount to be transferred from each Member State's Structural Funds allocation for food for deprived people, decisions adopting and amending operational programmes, decisions on major projects, decisions on joint action plans, decisions suspending payments and decisions on financial corrections.
Amendment 53 #
Proposal for a regulation
Part 2 – Article 4 – paragraph 4
Part 2 – Article 4 – paragraph 4
4. Member States or their authorities at the appropriate territorial level in accordance with the relevant institutional, legal and financial framework and the bodies designated by them for that purpose shall be responsible for 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 58 #
Proposal for a regulation
Part 2 – Article 5 – paragraph 1 – introductory part
Part 2 – Article 5 – paragraph 1 – introductory part
1. For the Partnership Contract and each programme respectively, a Member State shall organise a partnership with, in accordance with Article 4(4), organise a partnership with the relevant local and regional authorities and the following partners:
Amendment 83 #
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 3 months of the adoption ofon Strategic Framework is annexed to this Regulation.
Amendment 84 #
Proposal for a regulation
Part 2 – Article 12 – paragraph 2
Part 2 – Article 12 – paragraph 2
Where there are major changes in the Union strategy for smart, sustainable and inclusive growth, the Commission shall review and, wmay, on the re appropriate, adopt, by delegated act in accordance with Article 142, a revised Common Strategic Frameworkquest of the legislature, forward to it a proposed amendment.
Amendment 87 #
Proposal for a regulation
Part 2 – Article 13 – paragraph 2
Part 2 – Article 13 – paragraph 2
2. The Partnership Contract shall in accordance with Article 4(4), be drawn up by Member States in cooperation with the partners referred to in Article 5. The Partnership Contract shall be prepared in dialogue with the Commission.
Amendment 92 #
Proposal for a regulation
Part 2 – Article 14 – paragraph 1 – point c
Part 2 – Article 14 – paragraph 1 – point c
(c) an integrated approach to address the specific needs of the regions with geographical areas most affected by poverty or regions facing demographic challenges or of target groups at highest risk of discrimination or exclusion, with special regard to marginalised communities, where appropriate, including the indicative financial allocation for the relevant CSF Funds;
Amendment 99 #
Proposal for a regulation
Part 2 – Article 17 – paragraph 1
Part 2 – Article 17 – paragraph 1
1. Ex ante conditionalities shall be defined for each CSF Fund in the Fund-specific rules. These ex-ante conditionalities must be closely related to the effectiveness of the CSF funds.
Amendment 102 #
Proposal for a regulation
Part 2 – Article 18 – paragraph 1
Part 2 – Article 18 – paragraph 1
Amendment 106 #
Proposal for a regulation
Part 2 – Article 20
Part 2 – Article 20
Article deleted
Amendment 110 #
Proposal for a regulation
Part 2 – Article 21
Part 2 – Article 21
Article deleted
Amendment 158 #
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 161 #
Proposal for a regulation
Part 2 – Article 66 – paragraph 4
Part 2 – Article 66 – paragraph 4
Amendment 171 #
Proposal for a regulation
Part 3 – Article 82 – paragraph 2 – subparagraph 1 – point b
Part 3 – Article 82 – paragraph 2 – subparagraph 1 – point b
Amendment 181 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 1 – subparagraph 2
Part 3 – Article 84 – paragraph 1 – subparagraph 2
All regions whose GDP per capita for the 2007-2013 period was less than 75% ofich were supported under the aConverage of the EU-25 for the referencence objective in the 2007- 2013 period butand whose GDP per capita is above 75% of the GDP average of the EU- 27 shall receive an allocation under the Structural Funds equal to at least two thirds of their 2007-2013 allocation.
Amendment 185 #
Proposal for a regulation
Recital 9
Recital 9
(9) For the Partnership Contract and each programme respectively, a Member State should, in accordance with their institutional, legal and financial framework, 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, churches, non- governmental organisations, and bodies responsible for promoting 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. 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 187 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 3
Part 3 – Article 84 – paragraph 3
3. At least 25 % of the Structural Funds resources for less developed regions, 40% for transition regions and 52% for more developed regions in each Member State shall be allocated to the ESF. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocated to the ESF.
Amendment 199 #
Proposal for a regulation
Part 3 – Article 84 – paragraph 6
Part 3 – Article 84 – paragraph 6
Amendment 200 #
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. The Member States should provide informationon 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 204 #
Proposal for a regulation
Part 3 – Article 85 – paragraph 1
Part 3 – Article 85 – paragraph 1
1. The total appropriations allocated to each Member State in respect of less developed regions, transition regions and more developed regions shall not, as a general rule, be transferable between each of those categories of regions.
Amendment 205 #
Proposal for a regulation
Part 3 – Article 85 – paragraph 2
Part 3 – Article 85 – paragraph 2
2. By way of derogation from paragraph 1, the Commission may accept, in duly justified circumstances which are linked to the implementation of one or more thematic objectives, a proposal by a Member State in its first submission of the Partnership Contract to transfer up to 230% of the total appropriation for a category of regions to other categories of regions.
Amendment 219 #
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 520 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 221 #
Proposal for a regulation
Recital 17
Recital 17
(17) Member States should concentrate support to ensure a significant contribution to the achievement of Union objectives in line with their specific national and regional development needs. Ex ante conditionalities should be defined where they have a direct link to and impact on the effective implementation of the funds covered by the CPR, to ensure that the necessary framework conditions for the effective use of Union support are in place. The fulfilment of those ex ante conditionalities should be assessed by the Commission in the framework of its assessment of the Partnership Contract and programmes. In cases where there is a failure to fulfil an ex ante conditionality, the Commission should have the power to suspend payments to the programme.
Amendment 226 #
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, there should be no performance reserve for 'European Territorial Cooperation' programmes. In cases where the shortfall in the achievement of milestones or targets 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 way.
Amendment 235 #
Proposal for a regulation
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point d
(d) 75% for the less developed regions of Member States other than those referred to in points (b) and (c), and for all regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the referencesupported under the Convergence objective in the 2007-2013 period but whose GDP per capita iwas above 75% of the GDP average of the EU-27;
Amendment 236 #
Proposal for a regulation
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point e
Part 3 – Article 110 – paragraph 3 – subparagraph 1 – point e
Amendment 241 #
Proposal for a regulation
Part 3 – Article 111 – paragraph 1 – point 4 – point c
Part 3 – Article 111 – paragraph 1 – point 4 – point c
(c) sparsely (less than 1250 inhabitants per square kilometre) and very sparsely (less than 8 inhabitants per square kilometre) populated areas with a sustained negative migration balance.
Amendment 269 #
Proposal for a regulation
Recital 41
Recital 41
(41) To ensure the effectiveness, fairness and sustainable impact of the intervention of the CSF Funds, there should be provisions guaranteeing that investments in businesses and infrastructures are long- lasting and prevent the CSF Funds from being used to undue advantage. Experience has shown that a period of five10 years is an appropriate minimum period to be applied, except where State aid rules foresee a different period. It is appropriate to exclude actions supported by the ESF and those not entailing productive investment or investment in infrastructure from the general requirement of durability, unless such requirements are derived from applicable State aid rules, and to exclude contributions to or from financial instruments.
Amendment 270 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
Amendment 271 #
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41b) In the case of direct subsidies to undertakings, it should be recognised that cohesion policy funding, rather than influencing decisions by companies, particularly bigger companies, to open a plant in a given location, tends to be pocketed by companies which have already taken such decisions (deadweight effect). Support for large private undertakings should therefore be focussed on investment in research and development or provided, in more cases, indirectly through infrastructure financing;
Amendment 276 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 282 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure that expenditure co- financed by the Union budget in any given financial year is used in accordance with the applicable rules, an appropriate framework should be created for the annual clearance of accounts. Under tThis framework, the accredited bodies should submit to the Commission, in respect of each programme, a management declaration of assurance accompanied by the certified annual accounts, should include a summary report of controls and an independent audit opinion and control report.
Amendment 286 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to promote the Treaty objectives of economic, social and territorial cohesion, the 'Investment for growth and jobs' goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF among the less developed regions, the transition regions and the more developed regions according to their gross domestic product (GDP) per capita in relation to the EU average. In order to ensure the long-term sustainability of investment from the Structural Funds, regions which received support in the period 2007–2013 under the ‘Convergence’ objective, including regions which received support in this period as ‘Phasing Out’ regions in accordance with Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/19991, whose GDP per capita for the 2007-–2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita has grown to more than 75 % of the EU-27 average should receive at least two thirds of their 2007-–2013 allocation. Member States whose per capita gross national income (GNI) is less than 90 % of that of the Union average should benefit under the 'Investment for growth and jobs' goal from the CF. _________________ 1 OJ L 210, 31.7.2006, p. 25.
Amendment 287 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to promote the Treaty objectives of economic, social and territorial cohesion, the ‘Investment for growth and jobs’ goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF among the less developed regions, the transition regions and the more developed regions according to their gross domestic product (GDP) per capita in relation to the EU average. In order to ensure the long-term sustainability of investment from the Structural Funds, regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the reference period but whose GDP per capita has grown to more than 75% of the EU-27 average and the regions currently under the phasing-out status should receive at least two thirds of their 2007-2013 allocation. Member States whose per capita gross national income (GNI) is less than 90 % of that of the Union average should benefit under the ‘Investment for growth and jobs’ goal from the CF.
Amendment 300 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 308 #
Proposal for a regulation
Recital 59
Recital 59
(59) As regards the Funds and with a view to ensuring an appropriate allocation to each category of regions, resources should not be transferred, it should be possible to transfer resources between less developed, transition and more developed regions except in duly justunder specifiedc circumstances linked to the delivery of one or more thematic objectives and for no more than 2 % of the total appropriation for that category of region.
Amendment 324 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 330 #
Proposal for a regulation
Recital 78
Recital 78
Amendment 346 #
Proposal for a regulation
Recital 88
Recital 88
(88) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership, the adoption of a Common Strategic Framework, additional rules on the allocation of the performance reserve, the definition of the area and population covered by the local development strategies, detailed rules on financial instruments (ex ante assessment, combination of support, eligibility, types of activities not supported), the rules on certain types of financial instruments set up at national, regional, transnational or crossborder level, rules concerning funding agreements, transfer and management of assets, the arrangements for management and control, the rules on payment requests, and establishment of a system of capitalisation of annual instalments, the definition of the flat rate for revenue generating operations, the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in Union policies, the responsibilities of Member States concerning the procedure for reporting irregularities and recovery of sums unduly paid, the modalities of exchange of information of operations, the arrangements for the adequate audit trail, the conditions of national audits, the accreditation criteria for managing authorities and certifying authorities, the identification of commonly accepted data carriers, and the criteria for establishing the level of financial correction to be applied. The Commission should also be empowered to amend Annex V in order to address future adaptation needs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment 382 #
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 purposeappropriate territorial levels according to the constituional framework shall be responsible for 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 396 #
Proposal for a regulation
Part 2 – article 5 – paragraph 1 – introductory part
Part 2 – article 5 – paragraph 1 – introductory part
1. For the Partnership Contract and each programme respectively, a Member State shall organise a partnership with the following partnersrelevant regional authorities and the following partners in accordance with Article 4(4):
Amendment 416 #
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, churches, non- governmental organisations, and bodies responsible for promoting equality and non-discrimination,
Amendment 475 #
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 3
Part 2 – article 9 – paragraph 1 – point 3
(3) enhancing the competitiveness of enterprises, in particular small and medium-sized enterprises, the agricultural sector (for the EAFRD) and the fisheries and aquaculture sector (for the EMFF);
Amendment 560 #
Proposal for a regulation
Part 2 – article 13 – paragraph 2
Part 2 – article 13 – paragraph 2
2. The Partnership Contract shall be drawn up by Member States in cooperation with the partners, as referred to in Article 4(4) and Article 5. The Partnership Contract shall be prepared in dialogue with the Commission..
Amendment 612 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c
Part 2 – article 14 – paragraph 1 – point c
(c) an integrated approach to address the regional demographic challenges and the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion, with special regard to marginalised communities, where appropriate, including the indicative financial allocation for the relevant CSF Funds;
Amendment 659 #
Proposal for a regulation
Part 2 – article 17 – paragraph 1
Part 2 – article 17 – paragraph 1
1. Ex ante conditionalities shall be defined for each CSF Fund in the Fund-specific rules that have a direct link to the Funds covered by the CSF and their effective implementation.
Amendment 693 #
Proposal for a regulation
Part 2 – article 18
Part 2 – article 18
Amendment 707 #
Proposal for a regulation
Part 2 – article 20
Part 2 – article 20
Amendment 871 #
Proposal for a regulation
Part 2 – article 34 – paragraph 1
Part 2 – article 34 – paragraph 1
Amendment 909 #
Proposal for a regulation
Part 2 – article 38 – paragraph 2 – point a
Part 2 – article 38 – paragraph 2 – point a
(a) reimbursement of management costs incurred and payment of management fees of the financial instrument and reimbursement of refinancing costs of the national cofinancing element where this is referred to in Article 33(4)(b)(ii);
Amendment 1075 #
Proposal for a regulation
Part 2 – article 57 – paragraph 1 – point c
Part 2 – article 57 – paragraph 1 – point c
(c) lump sums not exceeding EUR 100 000 of public contribution through the Union;
Amendment 1076 #
Proposal for a regulation
Part 2 – article 57 – paragraph 1 – point d
Part 2 – article 57 – paragraph 1 – point d
d) flat-rate financing, determined by the application of a percentage to one or several defined categories of costs. These flat rates also include hourly rates.
Amendment 1078 #
Proposal for a regulation
Part 2 – article 58 – paragraph 1 – point a
Part 2 – article 58 – paragraph 1 – point a
(a) a flat rate of up to 230 % of eligible direct costs, where the rate is calculated on the basis of a fair, equitable and verifiable calculation method or a method applied under schemes for grants funded entirely by the Member State for a similar type of operation and beneficiary;
Amendment 1087 #
Proposal for a regulation
Part 2 – article 59 – paragraph 3 – point b
Part 2 – article 59 – paragraph 3 – point b
(b) the purchase of land not built on and land built on in the amount exceeding 10% of the total eligible expenditure for the operation concerned. In exceptional and duly justified cases, a higher percentage may be permitted for operations concerning environmental conservation:
Amendment 1091 #
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 1120 #
Proposal for a regulation
Part 2 – article 64
Part 2 – article 64
Amendment 1128 #
Proposal for a regulation
Part 2 – article 65 – paragraph 1
Part 2 – article 65 – paragraph 1
1. The Commission shall satisfy itself on the basis of available information, including the accreditation procedure, annual management declaration, annual control reports, annual audit opinion, annual implementation report and audits carried out by national and Union bodies, that the Member States have set up management and control systems that comply with this Regulation and the Fund- specific rules and that these systems function effectively during the implementation of programmes.
Amendment 1137 #
Proposal for a regulation
Part 2 – article 66 – paragraph 4
Part 2 – article 66 – paragraph 4
Amendment 1158 #
Proposal for a regulation
Part 2 – article 75 – paragraph 1 – introductory part
Part 2 – article 75 – paragraph 1 – introductory part
1. By 1 February30 June of the year following the end of the accounting period, the Member State shall submit to the Commission the following documents and information in accordance with [Article 56] of the Financial Regulation:
Amendment 1163 #
Proposal for a regulation
Part 2 – article 75 – paragraph 1 – point a
Part 2 – article 75 – paragraph 1 – point a
Amendment 1165 #
Proposal for a regulation
Part 2 – article 75 – paragraph 1 – point d
Part 2 – article 75 – paragraph 1 – point d
Amendment 1169 #
Proposal for a regulation
Part 2 – article 76
Part 2 – article 76
Amendment 1241 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 2
Part 3 – article 84 – paragraph 1 – subparagraph 2
All regions whose GDP per capita for thethat received support in the period 2007-–2013 periounder the ‘Convergence’ objective, including those regions designated was less than 75% of the average of the EU-25 for the reference periodso-called ‘phasing- out regions’ in this period according to Article 8(1) of Regulation No 1083/2006 but whose GDP per capita is above 75 % of the GDP average of the EU-27 shall receive an allocation under the Structural Funds equal to at least two thirds of their 2007-–2013 allocation .
Amendment 1242 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 2
Part 3 – article 84 – paragraph 1 – subparagraph 2
All regions whose GDP per capita for the 2007-2013 period was less than 75% of the average of the EU-25 for the reference period but whose GDP per capita is above 75% of the GDP average of the EU-27 and the regions currently under the phasing- out status shall receive an allocation under the Structural Funds equal to at least two thirds of their 2007-2013 allocation.
Amendment 1243 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 2
Part 3 – article 84 – paragraph 1 – subparagraph 2
Amendment 1251 #
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 and unemployment rate under consideration of the difficulties faced by regions encountering severe demographic challenges for less developed regions and transition regions;
Amendment 1263 #
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 level and population density, also considering severe demographic disadvantages, if any, for more developed regions;
Amendment 1273 #
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
Amendment 1307 #
Proposal for a regulation
Part 3 – article 84 – paragraph 6
Part 3 – article 84 – paragraph 6
Amendment 1314 #
Proposal for a regulation
Part 3 – article 84 – paragraph 8
Part 3 – article 84 – paragraph 8
8. Resources for the European territorial cooperation goal shall amount to 3,487 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 (i.e. a total of EUR 11 700 000 004xxx).
Amendment 1321 #
Proposal for a regulation
Part 3 – article 85 – paragraph 1
Part 3 – article 85 – paragraph 1
1. The total appropriations allocated to each Member State in respect of less developed regions, transition regions and more developed regions shall not be generally transferable between each of those categories of regions.
Amendment 1328 #
Proposal for a regulation
Part 3 – article 85 – paragraph 2
Part 3 – article 85 – paragraph 2
2. By way of derogation from paragraph 1, the Commission may accept, in duly justified circumstances which are linked to the implementation of one or more thematic objectives, a proposal by a Member State in its first submission of the Partnership Contract to transfer up to 230 % of the total appropriation for a category of regions to other categories of regions.
Amendment 1339 #
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 a category of region and shall correspond, without prejudice to Article 52, to a thematic objectivecan apply to one or more category of region and comprise one or more investment priorities of thatone or more thematic objectives, in accordance with the Fund-specific rules. For the ESF, a 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.
Amendment 1358 #
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 needs of the relevant region and the Partnership Contract and the results of the ex ante evaluation;
Amendment 1387 #
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point d
Part 3 – article 87 – paragraph 2 – point d
(d) the contribution to the integrated approach set out in the Partnership Contract to address the specific needs of geographical areas most affected by poverty and regions facing demographic challenges, or target groups at highest risk of discrimination or exclusion, with special regard to marginalised communities, and the indicative financial allocation;
Amendment 1405 #
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point h – point i
Part 3 – article 87 – paragraph 2 – point h – point i
i) identification of the accrediting body, the managing authority, the certifying authority, where applicable, and the audit authority;
Amendment 1427 #
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 520 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 1544 #
Proposal for a regulation
Part 3 – article 102
Part 3 – article 102
Amendment 1596 #
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – introductory part
Part 3 – article 110 – paragraph 3 – subparagraph 1 – introductory part
Amendment 1602 #
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
(d) 75 % for the less developed regions of Member States other than those referred to in points (b) and (c), and for all regions whose GDP per capita for the 2007-–2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita is above 75 % of the GDP average of the EU-27 and for the regions funded as so-called Phasing Out Regions under the convergence objective in the period 2007–2013;
Amendment 1603 #
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
(d) 75 % for the less developed regions of Member States other than those referred to in points (b) and (c), and for all regions whose GDP per capita for, that receive funding in the 2007-–2013 period was less than 75% of the average of the EU-25 for the reference periodunder the convergence objective, including the regions that receive funding in this period as so-called Phasing Out Regions according to Article 8(1) of Regulation No 1083/2006 but whose GDP per capita is above 75 % of the GDP average of the EU-27;
Amendment 1642 #
Proposal for a regulation
Part 3 – article 111 – paragraph 1 a (new)
Part 3 – article 111 – paragraph 1 a (new)
Areas with other serious and permanent demographic challenges, such as a sustained deficit in terms of emigration or a reduction in the entire population of at least 15 % by 2025.
Amendment 1644 #
Proposal for a regulation
Part 3 – article 112 – paragraph 1
Part 3 – article 112 – paragraph 1
1. Member States shall ensure that management and control systems for operational programmes are set up in accordance with Articles 62 and 63. The Member States should ensure that the general principles of proportionality (Article 4.5) and reducing administrative costs (Article 4.10) are observed.
Amendment 1645 #
Proposal for a regulation
Part 3 – article 112 – paragraph 2 – subparagraph 1
Part 3 – article 112 – paragraph 2 – subparagraph 1
Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. Incorrectly allocated funds do not need to be returned and such cases will not be pursued provided the amount in question does not exceed EUR 400. The same applies to the relevant interest. These amounts may not be deducted from the declaration of expenditure. They shall notify these irregularities to the Commission and shall keep the Commission informed of the progress of related administrative and legal proceedings.
Amendment 1650 #
Proposal for a regulation
Part 3 – article 112 – paragraph 3 – subparagraph 1
Part 3 – article 112 – paragraph 3 – subparagraph 1
Member States shall ensure that no later than 31 December 20145, all exchanges of information between beneficiaries and managing authorities, certifying authorities, audit authorities and intermediate bodies can be carried out solely by means of electronic data exchange systems.
Amendment 1685 #
Proposal for a regulation
Part 3 – article 117
Part 3 – article 117
Amendment 1719 #
Proposal for a regulation
Part 3 – article 126 – paragraph 3
Part 3 – article 126 – paragraph 3
Amendment 1731 #
Proposal for a regulation
Part 3 – article 128
Part 3 – article 128
Amendment 1735 #
Proposal for a regulation
Part 3 – article 129 – paragraph 1
Part 3 – article 129 – paragraph 1
Amendment 1737 #
Proposal for a regulation
Part 3 – article 130
Part 3 – article 130