25 Amendments of Eider GARDIAZABAL RUBIAL related to 2023/0397(COD)
Amendment 189 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, upward socio- economic convergence of Western Balkans economies and alignment with Union values, laws, rules, standards, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 208 #
Proposal for a regulation
Recital 13
Recital 13
(13) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. Furthermore, the Regulation should be implemented in full respect of the European Pillar of Social Rights. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance.
Amendment 239 #
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent and prioritised set of targeted reforms and investment priorities in each Western Balkans Beneficiary (a Reform Agenda), providing a framework for boosting inclusive socio- economic growth, clearly articulated and aligned with Union accession requirements. The Reform Agenda will serve as an overarching framework to achieve the objectives of this Facility.
Amendment 274 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds. The Audit Board should be subject to the reporting obligations to EPPO, in accordance with Article 24(1) of Regulation (EU) 2017/1939. Such information should be made available to OLAF and EPPO, when applicable, and where appropriate to the relevant Western Balkans Beneficiary authorities. The Commission, with the assistance of the Union delegations, should be entitled to perform checks on how the Western Balkans Beneficiary implement funds along the whole project life cycle. The Commission should be provided with sufficient funding and human resources to perform the audit and checks. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of inclusive socio-economic reforms and investments to implement their respective Reform Agendas, as set out in Chapter III. The Facility should also contribute to fighting poverty, tackling unemployment and lead to quality job creation.
Amendment 328 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies, including youth employment;
Amendment 336 #
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the fundamentals of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, including fundamental labour rights, through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering and terrorism financing, aggressive tax planning, tax avoidance, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, non- discrimination and tolerance, to and civil society involvement and ensure that capacities of stakeholders, including social partners and local authorities, are strengthened; promote gender equality, gender mainstreaming and the overall empowerment of women and girls, non- discrimination and tolerance, rights of persons with disabilities and ensure and strengthen respect for the rights of persons belonging to all minorities;
Amendment 355 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Cooperation under the Facility shall be based on and shall promote the development effectiveness principles, across all modalities, namely ownership of development priorities by the Bbeneficiaries, a focus on results, inclusive partnerships with local and regional authorities, social partners, civil society organisations and voluntary associations, transparency and mutual accountability. The cooperation shall be based on effective and efficient resources allocation and use.
Amendment 366 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Activities under the Facility shall mainstream climate change mitigation and adaptation, biodiversity and environmental protection, human rights, democracy, gender equality and, where relevant, disaster risk reduction, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co-benefits and meet multiple objectives in a coherent way. They shall avoid stranded assets, and shall be guided bycompatible with the principles of ‘do no significant harm’ and of ‘leaving no one behind’, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.
Amendment 377 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission, in cooperation with the Member States and the Beneficiaries, shall contribute to the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promotingthrough the implementation and reinforcement of internal control systems and anti-fraud policies, and by compulsory making information on the volume and allocation of assistance available through web-based databasesa single web-portal, and shall ensure that data is comparable and can be easily accessed, shared and published.
Amendment 388 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue to uphold and respect effective democratic mechanisms, including a multi- party parliamentary system, and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to all minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 398 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular, in such cases, should withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 439 #
Proposal for a regulation
Article 9 – paragraph 5 – point g a (new)
Article 9 – paragraph 5 – point g a (new)
(ga) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the Audit Board;
Amendment 470 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) an explanation of the extent to which the measures are expected to contribute to climate and environmental objectivesensure tangible progress towards EU social and economic standards, reduce inequalities and reinforce social cohesion;
Amendment 476 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) an explanation of the Beneficiary’s system and planned measures to effectively prevent, detect and correct irregularities, fraud, corruption, high-level corruption and conflicts of interests and to enforce State aid control rules, and the proposed measures to address existing deficiencies in the first years of the implementation of the Reform Agenda;
Amendment 478 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) an explanation of the extent to which the measures are expected to contribute to: - the transition of the Beneficiaries towards sustainable, climate-neutral and climate resilient and inclusive economies by improving regional connectivity, making progress on the twin transition of green and digital, including biodiversity, and boosting innovation, education and skills and the wider labour market; - gender equality and the empowerment of women and girls, including the protection and promotion of women’s and girls’ rights in line with EU Gender Action Plans and relevant Council conclusions and international conventions;
Amendment 482 #
Proposal for a regulation
Article 13 – paragraph 1 – point f b (new)
Article 13 – paragraph 1 – point f b (new)
(fb) an explanation on how the measures are compatible with the principles of ‘do no significant harm’ and of ‘leaving no one behind’;
Amendment 489 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the relevance, comprehensiveness and appropriateness of each Beneficiary’s Reform Agenda or, where applicable, any amendment to that Agenda, without undue delay. When carrying out its assessment, the Commission shall act in close cooperation with the Beneficiary concerned, and may make observations or, seek additional information or request modifications.
Amendment 491 #
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) whether the Reform Agenda can be expected to accelerate progress towards bridging the socio-economic gap between the Beneficiary and the Union, and thereby enhances their economic, social and environmental development and, supports the convergence towards the Union’s standards reduces inequalities and reinforces social cohesion;
Amendment 495 #
Proposal for a regulation
Article 14 – paragraph 3 – point c a (new)
Article 14 – paragraph 3 – point c a (new)
(ca) whether the Reform Agenda is expected to promote gender equality and the empowerment of women and girls, and seeks to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions;
Amendment 497 #
Proposal for a regulation
Article 14 – paragraph 3 – point c b (new)
Article 14 – paragraph 3 – point c b (new)
(cb) whether the measures included in Reform Agenda are compatible with the principles of ‘do no significant harm’ and of ‘leaving no one behind’
Amendment 534 #
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) insert all information related to project implementation, in particular concerning performance and financial implementation in an interoperable information system provided by the Commission;
Amendment 536 #
Proposal for a regulation
Article 22 – paragraph 2 – point d b (new)
Article 22 – paragraph 2 – point d b (new)
(db) (db) for the purpose of audit, control and discharge: (i) to maintain, and ensure access by the competent Union audit and control institutions and bodies: - detailed records on the implementation measures adopted, including information on national award procedures and contracts with intermediaries and recipients, indicating if applicable the total amount of any national co- financing, other national contributions, or other contributions under the Western Balkans Facility or under other Union funds; and - evidence showing the correlation between the grants, non- repayable financial support or loans received and the costs incurred for the achievement of indicators.
Amendment 540 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Audit Board 1. The Commission shall establish an Audit Board before the submission by the Western Balkans Beneficiaries of the first payment request. 2. The Audit Board shall be composed of independent members appointed by the Commission. Representatives of Member States and other donors may be invited by the Commission to participate in the activities of the Audit Board. 3. The Audit Board shall exercise its functions in complete objectivity and operate in compliance with applicable international practices and standards. It shall act without prejudice to the powers of the Commission, OLAF, the Court of Auditors and the EPPO. 4. The Audit Board shall ensure regular dialogue and cooperation with the European Court of Auditors, as well with the Supreme Audit Institutions of the Western Balkans Countries. 5. In carrying out their duties, the Audit Board, its members and its staff shall neither seek nor take instructions from the Beneficiaries’ governments or any institution, body, office or agency. Strong guarantees of independence shall apply for the selection of its staff, management and budget. 6. The Audit Board shall assist the Commission in fighting mismanagement of Union funding under the Facility and in particular fraud, corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility. 7. For that purpose, the Audit Board shall regularly report to the Commission and the relevant committees of the European Parliament and the Council, and transmit to the Commission without delay any information it obtains or is made aware of, on any identified cases of, or serious concerns in relation to, mismanagement of public funding incurred in relation with any amount spent to achieve the objectives of the Facility, including its performance. In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the EPPO any criminal conduct in respect of which the latter could exercise its competence. In addition, the Audit Board shall adopt recommendations to the Beneficiaries on all cases where in its view competent Beneficiaries’ authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by the Beneficiaries’ authorities. The Beneficiaries shall implement such recommendations without undue delay, or provide a justification on why it has not done so. The reports of, and information from, the Audit Board shall also be sent to OLAF, and where applicable to the EPPO, and may be shared with the relevant Beneficiaries’ authorities, especially in case they need to take steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities, , as well as to investigate and prosecute criminal offences affecting the financial interests of the Union. 8. The Audit Board shall have access to information, databases and registries required to carry out its tasks. The facility agreement referred to in Article 9 shall define rules and details for the access to relevant information by the Audit Board and the provision of relevant information by the Beneficiaries to the Audit Board. 9. The Audit Board may assist the Commission in supporting the Beneficiaries with capacity building activities in the field of fight against mismanagement of public funding. 10. The functioning of the Audit Board shall be funded under Article 6 paragraph 2 (b), including the funding for the appointed independent external auditor.
Amendment 544 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a WBF Scoreboard 1. The Commission shall establish a WBF scoreboard (the ‘Scoreboard’), which shall display the progress of the implementation of the reform agendas of the beneficiaries in each of objectives referred to in Article 3. The Scoreboard shall constitute the performance reporting system of the Facility. 2. The Commission shall be empowered to adopt a delegated act in accordance with Article 26 to supplement this Regulation by defining the detailed elements of the Scoreboard with a view to displaying the progress of the implementation of the Facility as referred to in paragraph 1. 3. The Scoreboard shall be operational by December 2024 and shall be continuously updated by the Commission, as soon as performance information and other essential documents described in article 24a.4 become available. The Scoreboard shall be made publicly available on a website or internet portal. 4. The Scoreboard shall also present the key documents, such as the Reform Agenda’s, the Commission’s assessments of the Reform Agenda’s, the payment requests from the Beneficiaries, the Commission’s assessment of the fulfilment of payment conditions, the implementing decision of the reform agenda’s and the decisions authorising the release of funds.