Activities of Alain CADEC related to 2011/0212(COD)
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Explanations of vote
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Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability PDF (211 KB) DOC (176 KB)
Amendments (31)
Amendment 1 #
Proposal for a regulation
Recital 8
Recital 8
(8) By Council Decisions 2009/102/EC of 4 November 2009, 2009/290/EC of 20 January 2009 and 2009/459/EC of 26 JuneMay 2009 Hungary, Latvia and Romania were granted such financial assistance.
Amendment 2 #
Proposal for a regulation
Recital 9
Recital 9
(9) The period during which the assistance is available under Regulations 407/2010 and 332/2002to Ireland, Hungary, Latvia, Portugal and Romania is set out in the respective Council Implementing Decisions. The Council Decision granting assistancperiod during which assistance was made available to Hungary expired on 4 November 2010.
Amendment 3 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The period during which the assistance under the Intercreditor Agreement and the Loan Facility Agreement is available to Greece is different for each Member State participating in those instruments. For the purposes of this Regulation it is necessary for any Member State making a request to benefit from the derogation under this Regulation to clearly specify in its request the starting date, from which it considers that the derogation is justified in applying to that Member State in accordance with this Regulation.
Amendment 4 #
Proposal for a regulation
Recital 10
Recital 10
(10) On 11 July 2011, finance ministers of the 17 euro-area Member States signed the Treaty establishing the European Stability Mechanism (ESM). It is foreseen that byUnder that Treaty, which is a consequence of the European Council Decision of 25 March 2013, 1,the ESM will, by 2013, assume the tasks currently fulfilled by the European Financial Stability Facility (EFSF) and the European Financial Stabilisation Mechanism (EFSM). This future mechanism should therefore already be taken into account in this Regulation.
Amendment 5 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In its conclusions of 23 and 24 June 2011, the European Council welcomed the Commission's intention to enhance the synergies between the loan programme for Greece and the Union funds, supporting efforts to increase Greece's capacity to absorb Union funds with the aim of stimulating growth and employment by refocusing on improving competitiveness and employment creation. Moreover, the conclusions welcome and support the preparation by the Commission, together with the Member States, of a comprehensive programme of technical assistance to Greece. This Regulation contributes to those efforts to enhance synergies.
Amendment 6 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to facilitate the management of Union funding, to help accelerate investments in Member States and regions and to improve the availability of funding to the economy it is necessary to allow the, in justified cases, temporarily and without prejudice to the 2014 to 2020 programming period, an increase of interim payments from the European Fisheries Fund by an amount corresponding to ten percentage points above the actual co-financing rate for each priority axis for Member States which are facing serious difficulties with respect to their financial stability. and which have requested to benefit from this measure, resulting in a corresponding reduction in the national counterpart. Due to the temporary nature of that increase and in order to maintain the original co- financing rates as the reference point for calculation of the temporarily increased amounts, the changes resulting from application of the mechanism should not be reflected in the financial plan included in the operational programme. However, it should be possible to update operational programme in order to concentrate the funds on competitiveness, growth and employment and in order to align their targets and objectives with the decrease of total funding available.
Amendment 7 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The Member State making a request to the Commission to benefit from the derogation under this Regulation should clearly specify, in its request addressed to the Commission, the date from which it considers the derogation to be justified. In its request, the Member State should submit all the information necessary to enable the Commission to establish by means of data on the Member State's macroeconomic and fiscal situation; that resources for the national counterpart are unavailable. It should also show that an increase of payments resulting from the granting of the derogation is necessary to safeguard the continued implementation of operational programmes and that the absorption capacity problems persist even if the maximum ceilings applicable to co- financing rates laid down in Article 53(3) are used. The Member State concerned should also providethe reference to the relevant Council Decision or other legal act pursuant to which it is eligible for benefit from the derogation. It is necessary for the Commission to have a sufficient period, starting from the submission of the Member State's request, in which to verify the correctness of the information submitted andto raise any objection. In order to make the derogation effective and operational, there should be a presumption that a Member State's request is justified if the Commission does not raise an objection. If the Commission objects to the Member State request, it should adopt a decision to this effect, stating reasons.
Amendment 8 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) It is necessary to ensure that there is appropriate reporting on the use of the increased amounts made available to the Member States benefiting from the temporary increase in interim payments under this Regulation.
Amendment 9 #
Proposal for a regulation
Recital 13
Recital 13
(13) After the end of the period during which financial assistance has been made available, the outcomes of evaluations carried out in accordance with Article 18(2) might highlight the need to assess, inter alia, whether the reduction of the national co-funding does not lead to a significant departure from the goals initially set. Such evaluation might lead to the revision of the operational programme.
Amendment 10 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 11 #
Proposal for a regulation
Recital 15
Recital 15
(15) As the unprecedented crisis affecting international financial markets and the economic donwturn which have seriously damaged the financial stability of several Member States necessitates a rapid response in order to counter the effects on the economy as a whole, this Regulation should enter into force as soon as possible and apply retroactively. Given the exceptional circumstances of the Member States concerned, it should apply retroactively, starting either from the budgetary year of 2010 or from the starting day when the financial assistance was made available, depending on the requesting Member State's status, for the periods during which the Member States received financial assistance from the Union or from other euro-area Member States in order to address serious difficulties with respect to their financial stability,
Amendment 12 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Where a temporary increase in interim payments is envisaged, that temporary increase should also be considered in the context of the budgetary restraints facing all Member States, which should be reflected appropriately in the Union budget. In addition, since the main purpose of the mechanism is to address specific current difficulties, its application should be limited in time. Therefore application of the mechanism should start on 1 January 2010 and its duration should be limited until 31 December 2013.
Amendment 13 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) Council Regulation (EC) No Regulation (EC) No 1198/2006 of 27 July 2006 laying down general provisions on the European Fisheries Fund1 should therefore be amended accordingly. ______________ 1 OJ L 223, 15.8.2006, p. 1.
Amendment 14 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No Regulation (EC) No 1198/2006
Article 76 - paragraph 3 a (new)
Article 76 - paragraph 3 a (new)
3 a. The increased interim payments resulting from the application of paragraph 3 shall be made available within the shortest period of time to the managing authority and shall only be used for making payments in connection with the implementation of the operational programme.
Amendment 15 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No Regulation (EC) No 1198/2006
Article 76 - paragraph 3 b (new)
Article 76 - paragraph 3 b (new)
3 b. In the context of the annual reporting in accordance with Article 67(1), the Member States shall provide the Commission with appropriate information on the use of the derogation referred to in Article 76(3) showing how the increased amounts of support has contributed to the promotion of competitiveness, growth and jobs in the Member State concerned. This information shall be taken into account by the Commission in the preparation of the annual reporting provided for by Article 68(1).
Amendment 16 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No Regulation (EC) No 1198/2006
Article 77 - paragraph 2
Article 77 - paragraph 2
2. By way of derogation from Article 53 (3), onat the request of a Member State, payments of the final balance mayshall be increased, by an amount corresponding to ten percentage points above the co- financing rate applicable to each priority axis up to a maximum of one hundred per cent, to be applied to the amount of eligible public expenditure newly declared in each certified statement of expenditure submitted during the period in which a Member State meets one of the following conditions: conditions laid down in points (a) to (c) of Article 76(3).
Amendment 17 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No Regulation (EC) No 1198/2006
Article 77 - paragraph 2 - point a
Article 77 - paragraph 2 - point a
Amendment 18 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No Regulation (EC) No 1198/2006
Article 77 - paragraph 2 - point b
Article 77 - paragraph 2 - point b
Amendment 19 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No Regulation (EC) No 1198/2006
Article 77 - paragraph 2 - point c
Article 77 - paragraph 2 - point c
Amendment 20 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EC) No Regulation (EC) No 1198/2006
Article 77 a (new) - paragraph 1
Article 77 a (new) - paragraph 1
1. Notwithstanding Articles 76 paragraph 3, and Article 77 paragraph 2(3) and 77(2), the Union contribution through interim payments and payments of the final balance shall not be higher than the public contribution and the maximum amount of assistance from the Funds for each priority axis and objective as laid down in the decision of the Commission approving the operational programme.
Amendment 21 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EC) No 1198/2006
Article 77 a (new) - paragraph 1 a (new)
Article 77 a (new) - paragraph 1 a (new)
1a. The derogation referred to in Articles 76(3) and 77(2) shall be granted upon the written request of a Member State meeting one of the conditions mentioned in points (a) to (c) of Article 76(3). The request shall be submitted within two months from the entry into force of this Regulation or within two months from the date on which a Member State meets one of the conditions mentioned in Articles 76 (3) (a) to (c).
Amendment 22 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EC) No 1198/2006
Article 77 a (new) - paragraph 1 b (new)
Article 77 a (new) - paragraph 1 b (new)
1b. In its request submitted to the Commission, the Member State shall justify the necessity of the derogation referred to in Articles 76(3) and 77(2), by providing information necessary to establish: (a) by means of data on its macroeconomic and fiscal situation, that no resources for the national counterpart are available; (b) that an increase of payments referred to in Articles 76(3) and 77(2) is necessary to safeguard the continued implementation of operational programmes; (c) that problems persist even if the maximum ceilings applicable to co- financing rates of Article 53(3) are used. (d) that it fulfils one of the conditions referred to in points (a) to (c) of Article 76(3), as justified by reference to a Council Decision or other legal act ,as well as the actual starting date from which the financial assistance was made available to the Member State. The Commission shall verified whether the information submitted justifies granting a derogation. The Commission shall raise any objection as to the information submitted within 30 days from the day of submission of the request. If the Commission decides to object to the Member State's request, the Commission shall adopt a decision, to this effect and shall state reasons. If the Commission does not raise any objection to the Member State's request, that request shall be deemed to be justified.
Amendment 23 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EC) No 1198/2006
Article 77 a (new) - paragraph 1 c (new)
Article 77 a (new) - paragraph 1 c (new)
1c. The Member State's request shall also detail the intended use of the derogation, provided for in Articles 76(3) and 77(2) and shall give information about complementary measures envisaged in order to concentrate the funds on competitiveness, growth and employment, including, where appropriate, a modification of operational programmes.
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EC) No 1198/2006
Article 77 a (new) - paragraph 1 d (new)
Article 77 a (new) - paragraph 1 d (new)
1d. The derogation provided for in Articles 76(3) and 77(2) shall not apply to statements of expenditure submitted after 31 December 2013."
Amendment 25 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
However, it shall apply retroactively to the following Member States: in the cases of Ireland, Greece and Portugal with effect from the momentday when the financial assistance was made available to them:se Member States pursuant to Article 76(3), and in the cases of Hungary, Latvia and Romania with effect from 1 January 2010.
Amendment 26 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 27 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 28 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 29 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 30 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 31 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f