128 Amendments of Indrek TARAND related to 2016/0282(COD)
Amendment 66 #
Proposal for a regulation
Recital 178
Recital 178
Amendment 126 #
Proposal for a regulation
Article 265 – paragraph 1 – point 6
Article 265 – paragraph 1 – point 6
Regulation (EU) No 1303/2013
Article 30a
Article 30a
Amendment 219 #
Proposal for a regulation
Recital 4
Recital 4
(4) Up to 105% of the funds of the Instrument for Pre-accession Assistance (IPA II), the European Neighbourhood Instrument and the financing instrument for development cooperation (DCI) may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs, new crises situations or significant political shifts in third countries, in addition to the amounts already programmed. These unallocated funds, if not committed during the year, should be carried over by a Decision of the Commission.
Amendment 221 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 224 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 230 #
Proposal for a regulation
Recital 15
Recital 15
(15) The information on the use of Union funds implemented under direct, indirect and shared implementation should be published in the Financial Transparency System and on an internet website of the institutions and should include at least the name, the locality, the amount and the purpose of the funds. That information should take into account relevant criteria such as the periodicity, the type and the importance of the measure.
Amendment 232 #
Proposal for a regulation
Recital 20
Recital 20
(20) Information on scholarships, and other direct support paid to natural persons in most need, such as unemployed people and refugees, should remain exempt from publication.
Amendment 235 #
Proposal for a regulation
Recital 23
Recital 23
(23) IApart from the elements laid down in Recital 15, in the case of indirect and shared implementation, it should be for the persons, entities or designated bodies implementing Union funds to make available information on recipients and final recipients. Where applicable, the level of detail and criteria should be defined in the relevant sector specific rules and may be further defined in the financial framework partnership agreements. The Commission should make available a reference of the website where the information on recipients and final recipients can be found.
Amendment 251 #
Proposal for a regulation
Recital 57
Recital 57
(57) More emphasis should be put on performance and resultoutputs and outcomes. It is thus appropriate to define an additional form of financing not linked to costs of the relevant operations in addition to the forms of Union contribution already well established (reimbursement of the eligible costs actually incurred, unit cost, lump sums and flat-rate financing). This form of financing should be either based on the fulfilment of certain conditions ex ante or the achievement of results measured by reference to the previously set milestones or through performance indicators.
Amendment 255 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 262 #
Proposal for a regulation
Recital 71
Recital 71
(71) A person or entity should be excluded by the authorising officer responsible when a final judgment or a final administrative decision has been taken in the case of grave professional misconduct, non-compliance, whether intentional or not, with the obligations related to the payment of social security contributions or the payment of taxes, tax good governance standards including fair tax competition, fraud affecting the budget , corruption, participation in a criminal organisation, money laundering, terrorist financing, terrorist related offences, child labour or other forms of trafficking in human beings or irregularity. It should also be excluded in the case of a serious breach of a legal commitment or bankruptcy. It should also be excluded in the case it does not comply with tax transparency and publicly disclose country by country reporting information as foreseen in Directive 2013/34/EU.
Amendment 278 #
Proposal for a regulation
Recital 96
Recital 96
(96) It is important to recognise the specific naturimprove the nature and the use of blending facilities where the Commission blends its contribution with that of Financial Institutions and to clarify the application of Title X on Financial Instruments.
Amendment 283 #
Proposal for a regulation
Recital 124
Recital 124
(124) It is necessary to clarify the scope of the Title on grants, particularly with regard to the type of action or body eligible for a grant as well as with regard to legal commitments that may be used to cover grants. In particular, grant decisions should be phased out due to their limited use and progressive introduction of e-grants. The structure should be simplified by moving the provisions on instruments which are not grants to other parts of the Regulation. The nature of bodies which may receive operating grants should be clarified since the notion of bodies pursuing an aim of general Union interest is covered by the notion of bodies having an objective forming part of and supporting a Union policy. In addition, the restrictive definition of a body pursuing an aim of general Union interests should be removed.
Amendment 289 #
Proposal for a regulation
Recital 131 a (new)
Recital 131 a (new)
(131 a)In order to protect one of the fundamental principles of the public finances, the non-profit rule should be kept in this Regulation. The non-profit rule should be seen as one of the main instruments to avoid misuse of the public money.
Amendment 292 #
Proposal for a regulation
Recital 139
Recital 139
(139) Financial instruments, budgetary guarantees and, financial assistance and Trust Funds should be authorised by means of a basic act. Where financial instruments are established without a basic act in duly justified cases, they should be authorised by the European Parliament and the Council in the budget.
Amendment 297 #
Proposal for a regulation
Recital 144
Recital 144
(144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules on financial instrumentsstemming from the sector-specific legislation should apply. Such rules should be complemented, where applicable, by specific requirements stemming from the sector specific legislationon financial instruments.
Amendment 317 #
Proposal for a regulation
Recital 163 a (new)
Recital 163 a (new)
(163 a)Trust funds constitute a problematic financial instrument as they may seriously alter budgets adopted by the budgetary authorities and bear the risk of using funds from financing instruments for purposes not foreseen in the latter's basic act. Trust funds do, however, add value through pooling of resources as long as this pooling is not mostly limited to Union resources.
Amendment 319 #
Proposal for a regulation
Recital 164
Recital 164
(164) The Commission should be authorised to create and manage Union trust funds for emergency, post-emergencexclusively for thematic actions not only in external actions but also in EU-internal actions. Recent events in the European Union show the need for increased flexibilitexternal actions for emergency, post-emergency for funding within the EU. As the boundaries between external and internal policies are increasingly blurred, this would also provide a tool for replying to cross-border challengethematic actions. It is necessary to specify the principles applicable to the contributions to Union Trust Funds, to clarify the responsibilities of the financial actors and of the Board of the Trust Fund. It is also necessary to define rules ensuring the representation of the European Parliament, a fair representation of the participating donors in the Board of the Trust Fund and a mandatory positive vote of the Commission for the use of the funds.
Amendment 322 #
Proposal for a regulation
Recital 167
Recital 167
(167) The manner in which the institutions currently report on building projects to the European Parliament and the Council should be maintainimproved. Institutions should be allowed to finance new building projects with the appropriations received for buildings already sold, therefore a reference to assigned revenue provisions should be introduced. This would allow meeting the changing needs in the building policy of the institutions, while saving costs and introducing more flexibility.
Amendment 323 #
Proposal for a regulation
Recital 169
Recital 169
Amendment 330 #
Proposal for a regulation
Recital 178
Recital 178
Amendment 335 #
Proposal for a regulation
Recital 184
Recital 184
Amendment 381 #
Proposal for a regulation
Article 2 – paragraph 1 – point 51 a (new)
Article 2 – paragraph 1 – point 51 a (new)
51 a. 'small grant' means a grant above EUR 60 000 and lower than or equal to EUR 250 000;
Amendment 383 #
60 a. 'withdrawing Member State' means a Member State which has officially triggered Article 50 of the TEU and whose final agreement with the Union has not entered into force;
Amendment 384 #
Proposal for a regulation
Article 2 – paragraph 1 – point 60 b (new)
Article 2 – paragraph 1 – point 60 b (new)
60 b. 'provisional agreement' means a temporary agreement agreed between the Union and a withdrawing Member State which shall end with the entry into force of the final agreement agreed between the Union and the withdrawing Member State;
Amendment 385 #
Proposal for a regulation
Article 2 – paragraph 1 – point 60 c (new)
Article 2 – paragraph 1 – point 60 c (new)
60 c. 'volunteer' means a person doing an unpaid non-compulsory activity for a non-profit organisation.
Amendment 389 #
(e) appropriations kept unallocated at the beginning of the financial year relating to the funds referred to in Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre- accession Assistance (IPA II), Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (ENI) and Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 (DCI), within a limit of 105% of the initial appropriations of each instrument.
Amendment 394 #
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) amounts corresponding to commitment and payment appropriations for the Emergency Aid Reserve and for the European Union Crisis ReserveGlobalization Adjustment Fund and to commitment appropriations for the European Union Solidarity Fund;
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. In respect of non-differentiated appropriations a distinction shall be made between planned and unplanned carry- overs. The definition and reporting of those categories shall be established by the Commission in cooperation with the Court of Auditors.
Amendment 404 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs (1) and (2), decommitted appropriations made in year n-2 shall be made available again to the European Union Crisis Reserve in the framework of the budgetary procedure for the year nGlobal Margin for Commitments as referred to in Article 14 of Council Regulation (EU, Euratom) No 1311/2013.
Amendment 405 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Amendment 406 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
If the continuity of action by the Union so require, the Council, acting by qualified majorityEuropean Parliament, acting by a majority of its component Members on a proposal of the Commission, may authorise expenditure in excess of one provisional twelfth but not exceeding the total of four provisional twelfths, excluding the one twelfth made automatically available, except in duly justified cases, both for commitments and for payments over and above those automatically made available in accordance with paragraphs 1 and 2. It shall forward the decision on authorisation without delay to the European ParliamentCouncil.
Amendment 407 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – introductory part
Article 15 – paragraph 4 – subparagraph 2 – introductory part
The decision referred to in the first subparagraph shall enter into force 30 days following its adoption unless the European ParliamentCouncil takes any of the following actions:
Amendment 409 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point b
Article 15 – paragraph 4 – subparagraph 2 – point b
(b) informs the CouncilEuropean Parliament and the Commission that it does not wish to reduce that expenditure, in which case the decision shall enter into force before the expiry of the 30 days.
Amendment 411 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Assigneed revenue resulting from the participation of a withdrawing Member State in certain Union programmes 1. The budget structure to accommodate the revenue provided for in Article 20(2)(e) shall be as follows: in the statement of revenue, a line with a token entry pro memoria shall be entered to accommodate the full amount of the withdrawing Member State's contribution for the financial year in question; 2. Under the provisional agreement the amounts of the annual participation of the withdrawing Member State shall give rise to the provision, at the start of the financial year, of the full amounts of the corresponding commitment appropriations and payment appropriations.
Amendment 414 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. On the basis of specific internal rules Union institutions and bodies may exceptionallyshall not accept in kind corporate sponsoring provided that:.
Amendment 415 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
Amendment 417 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
Amendment 418 #
Proposal for a regulation
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
Amendment 420 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 6
Article 28 – paragraph 1 – subparagraph 6
Three weeks before making the transfers referred to in point (b) of the first subparagraph of this Article, the Commission shall inform the European Parliament and the Council of its intention to do so. In the event that duly justified reasons are raised within that period by the European Parliament or the Council, the procedure laid down in Article 29 shall apply.
Amendment 421 #
The Commission may submit proposals for transfers of payment appropriations to the funds managed under shared implementation with the exception of the EAGF to the European Parliament and the Council by 10 January of the following financial year. The transfer of the payment appropriations may be made from any item of the budget. The six-week period referred to in paragraph 3 shall be reduced to three weeks.
Amendment 422 #
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
Amendment 430 #
Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 1
Article 30 – paragraph 4 – subparagraph 1
Decisions on transfers to allow the use of the emergency aid reserve and the European Union Crisis ReserveGlobalization Adjustment Fund shall be taken by the European Parliament and the Council on a proposal from the Commission.
Amendment 432 #
Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 3 – introductory part
Article 30 – paragraph 4 – subparagraph 3 – introductory part
Proposals for transfers from the emergency aid reserve and the European Union Crisis ReserveGlobalization Adjustment Fund shall be accompanied by appropriate and detailed supporting documents demonstarting:
Amendment 433 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 440 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
The budgets shall be published within three monthfour weeks of the date on which they are declared definitively adopted.
Amendment 441 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
The information on recipients of Union’s funds implemented under direct implementation shall be published on an internet site of the Union institutions and in the Financial Transparency System, no later than 30 June of the year following the financial year in which the funds were legally committed.
Amendment 448 #
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4 a. The Commission, with the help of the Member States, shall make available, in an appropriate and timely manner, information on recipients, as well as the nature and purpose of the measure financed from the budget, where the latter is implemented directly in accordance with point (b) of Article 61(1). The obligation set out in the first subparagraph shall also apply to local authorities when they implement the Union budget. The information on recipients of Union's funds implemented under shared implementation shall be published on an internet site of the Union institutions, no later than 30 June of the year following the financial year in which the funds were legally committed. The information referred to in the first subparagraph shall be made available, having due regard for the requirements of confidentiality and security, in particular the protection of personal data and shall include the following: (a) the name of the recipient; (b) the locality of the recipient; (c) the amount legally committed; (d) the nature and purpose of the measure. For the purposes of point b) of the fourth subparagraph the term ‘locality’ shall mean: (i) the address of the recipient when the latter is a legal person (ii) the Region on NUTS 2 level when the recipient is a natural person This information shall only be published for prizes, grants and contracts which have been awarded as a result of contests or grant award procedures or public procurement procedures, and for experts which have been selected pursuant to Article 230(2). The information shall not be published for: (i)education supports paid to natural persons and other direct support paid to natural persons most in need as referred to in point (b) of Article 185(4) (ii) very low value contracts awarded to experts selected pursuant to Article 230(2) as well as very low value contracts below the amount referred to in point 14.4 of the Annex to this Regulation The internet site of the Union institutions shall contain at least a reference to the address of the website where the information can be found if it is not published directly on the dedicated place of the internet site of the Union institutions. Where natural persons are concerned, the publication shall be limited to the name and locality of the recipient, the amount legally committed and the purpose of the measure. The disclosure of those data shall be based on relevant criteria such as the periodicity, or the type or importance of the measure. As far as personal data are concerned, the information shall be removed two years after the end of the financial year in which the amount was legally committed. The same shall apply to personal data referring to legal persons for whom the official title identifies one or more natural persons. The publication shall be waived if such disclosure risks threatening the rights and freedoms of individuals concerned as protected by the Charter of Fundamental Rights of the European Union or harm the commercial interests of the recipients.
Amendment 452 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2
Article 36 – paragraph 5 – subparagraph 2
The information on final recipients of funds provided through financial instruments who receive support from the Union budget for an amount lower than EUR 5100 000, shall be limited to statistical data, aggregated in accordance with relevant criteria, such as geographical situation, economic typology of recipients, type of support received and the Union policy area under which such support was provided.
Amendment 453 #
Proposal for a regulation
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5 a. The publications as referred in to this Article shall be available on a single website under the responsibility of the Commission.
Amendment 455 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
Article 39 – paragraph 3 – point b – point iii
(iii) the number of posts actually filled at the beginning of the year in which the draft budget is presented, indicating their distribution by grade and, by administrative unit and by gender;
Amendment 459 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Where the Commission makes use of Union Trust Funds, it shall attach to the draft budget a working document on the activities supported by Union Trust Funds, on their implementation and performance and how the actions under the Trust Funds have contributed to the objectives laid down in the basic act of the instrument from which the Union contribution to the Trust Funds were provided.
Amendment 461 #
Proposal for a regulation
Article 42 – paragraph 2 – subparagraph 2
Article 42 – paragraph 2 – subparagraph 2
Before presenting a draft amending budget, the Commission and the other institutions shall examine the scope for reallocation of the relevant appropriations, with particular reference to any expected under- implementation of appropriations without putting into danger programmes already adopted and being implemented especially those contributing to the Union objectives.
Amendment 462 #
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) separate sections for each institution, with the exception of the European Council and the Council which shall share the same section, subdivided into statements of revenue and expenditure.
Amendment 465 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Emergency Aid Reserve and European Union Crisis ReserveGlobalization Adjustment Fund
Amendment 466 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The Commission section of the budget shall include a reserve for emergency aid for third countries and a European Union Crisis Reservereserve for the European Globalization Adjustment Fund.
Amendment 470 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. Citizens may be consulted on the preparation and the implementation of the Union budget by the Commission, Member States or any other entity implementing the Union budget. Such consultations shall be encouraged as much as possible, including through the representative associations. The consultation as referred in to the first subparagraph shall respect the principle of transparency, diversity and proportionality, whereas: (i) transparency means that the consultation shall be public and accessible to a wide public; (ii) diversity means that the consultation shall not lead to an overrepresentation of a certain group or part of the societies; (iii) proportionality means that the consultation, and the inherent costs, shall be consistent with the size of the project or programme.
Amendment 475 #
Proposal for a regulation
Article 56 – paragraph 2 – point a – paragraph 2
Article 56 – paragraph 2 – point a – paragraph 2
The total amount of appropriations for the pilot projects shall not exceed EUR 460 000 000 in any financial year.
Amendment 477 #
Proposal for a regulation
Article 56 – paragraph 2 – point b – paragraph 2
Article 56 – paragraph 2 – point b – paragraph 2
The total amount of appropriations for new preparatory actions referred to under this point shall not exceed EUR 750 000 000 in any financial year, and the total amount of appropriations actually committed for preparatory actions shall not exceed EUR 1050 000 000.
Amendment 482 #
Proposal for a regulation
Article 62 – paragraph 2 – subparagraph 1 – point b a (new)
Article 62 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) cooperating with the Commission, OLAF and the European Court of Auditors.
Amendment 484 #
Proposal for a regulation
Article 62 – paragraph 5 – subparagraph 5
Article 62 – paragraph 5 – subparagraph 5
In addition, Member States mayshall provide to the Commission and the European Parliament declarations signed at the appropriate level based on the information referred to in this paragraph.
Amendment 485 #
Proposal for a regulation
Article 62 – paragraph 9
Article 62 – paragraph 9
Amendment 487 #
Proposal for a regulation
Article 62 – paragraph 9
Article 62 – paragraph 9
9. Resources allocated to Member States under shared implementation may alsoshall not be used in combination with operations and instruments carried out under Regulation 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 as it may jeopardize the principle of the unity of the Union budget and may undermine the Union programmes and objectives.
Amendment 493 #
Proposal for a regulation
Article 69 – paragraph 6
Article 69 – paragraph 6
6. An independent external auditor shall verify that the annual accounts of each of the bodies referred to in paragraph 1 of this Article properly present the income, expenditure and financial position of the relevant body prior to the consolidation in the Commission's final accounts. Unless otherwise provided in the basic act referred to in paragraph 1 of this Article, the Court of Auditors shall be considered as the external auditor and shall prepare a Specific Annual Report on each body in line with the requirements of Article 287(1) TFEU. In preparing this report, the Court shall consider the audit work performed by the independent external auditor and the action taken in response to the auditor's findings.
Amendment 496 #
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
Paragraphs 2, 3, 4 and 46 of Article 69 shall apply to public-private partnership bodies.
Amendment 500 #
Proposal for a regulation
Article 73 – paragraph 6 – subparagraph 3
Article 73 – paragraph 6 – subparagraph 3
Where the authorising officer by delegation implements financial audits of beneficiaries as ex-post controls, the related audit rules shall be clear, consistent and transparent, andincluding timeframe. They shall be available to beneficiaries when signing the grant agreement. Audit rules shall respect the rights of both the Commission and the auditees.
Amendment 503 #
Proposal for a regulation
Article 73 – paragraph 7 – subparagraph 2 – point a
Article 73 – paragraph 7 – subparagraph 2 – point a
(a) that the authorising officers by sub- delegation and their staff receive regularly updated and appropriate information and training concerning the control standards and the methods and techniques available for that purpose on the basis of common guidelines;
Amendment 505 #
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. The accounting officer shall carry out, or have carried out by a staff member in his own department or in the authorising department specially empowered for that purpose, checks, which must as a general rule be effected on the spot and, where appropriaten necessary, without warning, to verify the existence of the funds allocated to the imprest administrators and the bookkeeping and to check that imprest transactions are settled within the time- limit set. The accounting officer shall communicate the findings of those checks to the authorising officer responsible.
Amendment 508 #
Proposal for a regulation
Article 99 – paragraph 5
Article 99 – paragraph 5
5. Each institution shall send to the European Parliament and Council each year a report on the waivers referred to in this paragraph involving EUR 100 000 or more. In the case of the Commission, that report shall be annexed to the summary of the annual activity reports referred to in Article 73(9).
Amendment 514 #
Proposal for a regulation
Article 114 – paragraph 1 – point a
Article 114 – paragraph 1 – point a
(a) 960 calendar days for contribution agreements, contracts and, grant agreements involving technical services or actions which are particularly complex to evaluate and for which payment depends on the approval of a report or a certificate;
Amendment 516 #
Proposal for a regulation
Article 114 – paragraph 1 – point b
Article 114 – paragraph 1 – point b
(b) 6045 calendar days for all other contribution agreements, contracts and, grant agreements for which payment depends on the approval of a report or a certificate;
Amendment 518 #
Proposal for a regulation
Article 115 – paragraph 1
Article 115 – paragraph 1
1. Each institution shall establish an internal auditing function which shall be performed in compliance with the relevant international standards. The internal auditor appointed by the institution shall be accountable to the latter for verifying the proper operation of budgetary implementation systems and procedures. The internal auditor shall be independent in performing his or her tasks and he may be neither authorising officer nor accounting officer.
Amendment 528 #
Proposal for a regulation
Article 122 – paragraph 1
Article 122 – paragraph 1
The Commission shall refrain from relying on assessments made by other entities. In duly justified cases it may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices.
Amendment 529 #
Proposal for a regulation
Article 123 – paragraph 1
Article 123 – paragraph 1
Amendment 533 #
Proposal for a regulation
Article 124 – paragraph 2
Article 124 – paragraph 2
2. Any person or entity receiving Union funds under direct, shared and indirect implementation shall agree in writing to grant the necessary rights as referred to in paragraph 1. This includes the obligation for any third parties involved in the implementation of Union funds to ensure equivalent rights.
Amendment 537 #
Proposal for a regulation
Article 125
Article 125
Amendment 539 #
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
Resources allocated to Member States under shared implementation may, at their request and after having informed the Commission and the European Parliament, be transferred to instruments established under this Regulation or under sectore same specific Regulations. The Commission shall implement these resources in accordance with point (a) or (c) of Article 61(1), where possible for the benefit of the Member State concerned. In addition resources allocated to Member States under shared implementation may at their request be used to enhance the risk-bearing capacity of the EFSI. In such cases, EFSI rules shall apply.
Amendment 541 #
Proposal for a regulation
Article 126 – paragraph 6
Article 126 – paragraph 6
6. In the case of financial framework partnership agreement implemented through specific grants the verification of the operational and financial capacity referred to in Article 191 shall be performed before signature of the financial framework partnership agreement. The Commission may rely on an equivalent verification of the financial and operational capacity carried out by other donors.
Amendment 549 #
Proposal for a regulation
Article 147 – paragraph 1 – subparagraph 1 – introductory part
Article 147 – paragraph 1 – subparagraph 1 – introductory part
Except for low value contracts and low value grants, and small grants, the authorising officer responsible may, if proportionate and subject to a risk-analysis, require a guarantee to be submitted:
Amendment 556 #
Proposal for a regulation
Article 150 – paragraph 2 – point a
Article 150 – paragraph 2 – point a
(a) comply with relevant standards and applicable legislation on the prevention of money laundering, and the fight against terrorism, tax fraud and tax evasion, tax evasion and tax good governance standards including fair tax competition. They shall also comply with tax transparency and publicly disclose country by country reporting information as foreseen in Directive 2013/34/EU;
Amendment 559 #
Proposal for a regulation
Article 151 a (new)
Article 151 a (new)
Amendment 565 #
Proposal for a regulation
Article 166 – paragraph 3 – subparagraph 1 – point a – point iii
Article 166 – paragraph 3 – subparagraph 1 – point a – point iii
(iii) any increase in price, including the net cumulative value of successive modifications, does not exceed 250 % of the initial contract value;
Amendment 566 #
Proposal for a regulation
Article 166 – paragraph 3 – subparagraph 1 – point b – point ii
Article 166 – paragraph 3 – subparagraph 1 – point b – point ii
(ii) any increase in price does not exceed 250 % of the initial contract value;
Amendment 570 #
Proposal for a regulation
Article 174 – paragraph 2 – subparagraph 1 – point b
Article 174 – paragraph 2 – subparagraph 1 – point b
(b) the functioning of a body which has an objective forming part of, and supporting,pursues an aim of general Union interest or has an objective forming part of, and contributing to the development, implementation and evaluation of a Union policy ('operating grants').
Amendment 572 #
Proposal for a regulation
Article 175 – paragraph 2
Article 175 – paragraph 2
2. Where possible and appropriate, lump sums, unit costs or flat rates shall be determined in such a way as to allow their payment upon achievement of concrete outputs and outcomes.
Amendment 574 #
Proposal for a regulation
Article 175 – paragraph 4 – point d
Article 175 – paragraph 4 – point d
(d) where possible, the essential conditions triggering the payment, including, where applicable, the achievement of outputs and outcomes;
Amendment 577 #
Proposal for a regulation
Article 175 – paragraph 6
Article 175 – paragraph 6
6. The authorising officer responsible may authorise or impose, in the form of flat-rates, funding of the beneficiary's indirect costs up to a maxinimum of 7 15% of total eligible direct costs for the action. A higher flat rate may be authorised by a reasoned Commission decision.
Amendment 582 #
Proposal for a regulation
Article 175 – paragraph 8
Article 175 – paragraph 8
8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6. Volunteers' engagement is to be understood as unpaid non-compulsory activity performed through a non-profit organization.
Amendment 583 #
Proposal for a regulation
Article 177 – paragraph 1 – subparagraph 1
Article 177 – paragraph 1 – subparagraph 1
The authorising officer responsible shall check, at the latest before the payment of the balance, the fulfilment of the conditions triggering the payment of lump sums, unit costs or flat-rates, including, where required, the achievement of outputs and outcomes. In addition, the fulfilment of those conditions may be subject to ex post controls.
Amendment 585 #
Proposal for a regulation
Article 178 – paragraph 1
Article 178 – paragraph 1
The method for determining lump sums, unit costs or flat rates, the underlying data and the resulting amounts shall be assessed periodically, and at least every 2 years, and, where appropriate, adjusted in accordance with Article 175.
Amendment 590 #
Proposal for a regulation
Article 183 – paragraph -1 (new)
Article 183 – paragraph -1 (new)
–1. Grants shall be subject to a work programme, to be published prior to its implementation.
Amendment 593 #
Proposal for a regulation
Article 183 – paragraph 3 – introductory part
Article 183 – paragraph 3 – introductory part
3. Following the publication referred to in paragraphs 1 and 2, when requested by the European Parliament and the Council,, 2 and 3 the Commission shall forwardmake pubic a report to them on:
Amendment 594 #
Proposal for a regulation
Article 183 a (new)
Article 183 a (new)
Article 183 a No-profit principle 1. For the purpose of this Title, profit shall be defined as a surplus of the receipts over the eligible costs incurred by the beneficiary, when the request is made for payment of the balance. 2. The receipts referred to in paragraph 1 shall be limited to income generated by the action or work programme, as well as financial contributions specifically assigned by donors to the financing of the eligible costs. 3. In the case of an operating grant, amounts dedicated to the building up of reserves shall not be taken into account for the purpose of verifying compliance with the no-profit principle. 4. Financial contributions from third parties that may be used by the beneficiary to cover other costs than those eligible under the grant or that are not due to the third party where they are not used at the end of the action or work programme, shall not be considered as financial contributions specifically assigned by the donors to the financing of the eligible costs within the meaning of paragraphs 1, 2 and 3.
Amendment 597 #
Proposal for a regulation
Article 184 – paragraph 1 – subparagraph 2 a (new)
Article 184 – paragraph 1 – subparagraph 2 a (new)
In-kind contributions from third parties for the purpose of the co-financing shall include volunteers' work, use of equipment, supplies, meeting facilities and services.
Amendment 598 #
3. As an exception to paragraph 1 an external action may be financed in full by the grant where this is undertaken by a partner of the Union that demonstrates its compliance with the EC rules and requirements (through the ex-ante assessmential for it to be carried ou) may be financed in full by the grant. In such a case grounds shall be provided in the award decision.
Amendment 601 #
Proposal for a regulation
Article 186 – paragraph 4
Article 186 – paragraph 4
4. In the case of operating grants, the grant agreement shall be signed within sixthree months of the start of the beneficiary's financial year. Costs eligible for financing may neither have been incurred before the grant application was submitted nor before the start of the beneficiary's financial year. The first payment shall be done within two months after the signature of the grant agreement.
Amendment 606 #
Proposal for a regulation
Article 187 – paragraph 2 – subparagraph 1 – point a
Article 187 – paragraph 2 – subparagraph 1 – point a
(a) for informing all applicants of the outcome of the evaluation of their application, a maximum of sixthree months from the final date for submission of complete proposals;
Amendment 607 #
Proposal for a regulation
Article 187 – paragraph 2 – subparagraph 1 – point b
Article 187 – paragraph 2 – subparagraph 1 – point b
(b) for signing grant agreements with applicants a maximum of threone months from the date of informing applicants that they have been successful.
Amendment 608 #
Proposal for a regulation
Article 188 – paragraph 2
Article 188 – paragraph 2
The cases referred to in points (c) and (f) of the first subparagraph shall be duly substantiated in the award decision. The exceptions referred to in point (c) and (f) of the first subparagraph shall be interpreted and applied restrictively by the Union institutions and bodies or the Member States. The Union institutions and bodies or the Member States shall clearly define both the time frame and the scope of application for the exceptions referred to in point (c) and (f) of the first subparagraph.
Amendment 611 #
Proposal for a regulation
Article 191 – paragraph 5 – point b
Article 191 – paragraph 5 – point b
(b) natural persons most in need, such as unemployed persons and refugees, and in receipt of direct support;
Amendment 619 #
Proposal for a regulation
Article 201 – paragraph 1
Article 201 – paragraph 1
1. TIn order to achieve its objectives, the Union may establish financial instruments or provide budgetary guarantees or financial assistance backed by the general budget by means of a basic act. The financial instruments shall be complementary to the other form of budgetary intervention.
Amendment 621 #
Proposal for a regulation
Article 201 – paragraph 3
Article 201 – paragraph 3
3. Where financial instruments are implemented under shared implementation with Member States, sector specific rules apply, without prejudice to subparagraph 2 of Article 208(2).
Amendment 622 #
Proposal for a regulation
Article 201 – paragraph 4 a (new)
Article 201 – paragraph 4 a (new)
4a. The Court of Auditors shall have full access to any information related to the financial instruments, budgetary guarantees and financial assistance including by on-spot checks. Unless provided otherwise in the basic act, the Court of Auditors shall be considered as the external auditor responsible for the projects and programmes supported by a financial instrument, a budgetary guarantee or a financial assistance.
Amendment 630 #
Proposal for a regulation
Article 203 – paragraph 3
Article 203 – paragraph 3
3. The annual assessment provided for by point (j) of Article 39(5) of the sustainability of the contingent liabilities arising from budgetary guarantees or financial assistance borne by the budget of the Union shall be carried out within the limitlculated over and above the ceilings set by the multiannual financial framework regulation provided for by Article 312(2) TFEU and within the ceiling on annual payments appropriations defined in Article 3(1) of the Council Decision on the system of own resources of the European Union .
Amendment 632 #
Proposal for a regulation
Article 208 – paragraph 1
Article 208 – paragraph 1
1. Notwithstanding Article 201(1), fFinancial instruments may be established, in duly justified cases, without being authorised by means of a basic act, provided that such instruments are included in the budget in accordance with point (e) of Article 50(1).
Amendment 634 #
Proposal for a regulation
Article 208 – paragraph 2 – subparagraph 1
Article 208 – paragraph 2 – subparagraph 1
Amendment 636 #
Proposal for a regulation
Article 208 – paragraph 2 – subparagraph 2
Article 208 – paragraph 2 – subparagraph 2
Where a financial instrument is established for the purpose of implementing Article 39 of Regulation (EU) No 1303/2013with a contribution from a budgetary guarantee of the Union, this Title shall apply with the exception of Article 201(1)e sector-specific rules of that Regulation shall apply. It shall be implemented in accordance with Article 61(1)(c).
Amendment 638 #
Proposal for a regulation
Article 208 – paragraph 7 a (new)
Article 208 – paragraph 7 a (new)
7a. The Commission shall, on an annual basis, report to the European Parliament and the Council on the efficiency and effectiveness of the financial instruments as referred to points (a), (b) and (c) of Article 61(1). On its annual report, the Commission shall clearly demonstrate the added-value of the financial instruments, shall be able to identify the final beneficiaries of the funds and shall be able to list the projects financed by the financial instruments.
Amendment 649 #
Proposal for a regulation
Article 226 – paragraph 1
Article 226 – paragraph 1
Amendment 650 #
Proposal for a regulation
Article 227 – title
Article 227 – title
Trust Funds for external actions
Amendment 652 #
Proposal for a regulation
Article 227 – paragraph 1
Article 227 – paragraph 1
1. FOnly in duly justified cases and for emergency, post-emergency or thematic actions within the external actions, the Commission may create, after informingby the means of a basic act adopted by the European Parliament and the Council according to the ordinary legislative procedure, trust funds under an agreement concluded with other donors. The constitutive act of each trust fund shall define the objectives of the trust fund. The Commission decision establishingbasic act of the trust fund shall include a description of the fund's objectives, the justification for its creation in accordance with paragraph 3, an indication of its duration and the preliminary agreements with other donors. In no circumstances shall a trust fund be created within the Union.
Amendment 656 #
Proposal for a regulation
Article 227 – paragraph 1 a (new)
Article 227 – paragraph 1 a (new)
1a. Trust funds may only be created if they allow pooling of resources not limited mostly to resources from the Union budget and the European Development Fund. If 80 % or more of the resources foreseen for the trust fund stem from these two sources, the Commission shall refrain from proposing the creation of that trust fund.
Amendment 659 #
Proposal for a regulation
Article 227 – paragraph 3 – point a
Article 227 – paragraph 3 – point a
(a) there is added value based on previous impact assessment to the Union intervention: trust funds shall only be created and implemented at Union level where their objectives, in particular by reason of their scale or potential effects, may be better achieved at Union level than at national level;
Amendment 663 #
Proposal for a regulation
Article 227 – paragraph 3 – point b a (new)
Article 227 – paragraph 3 – point b a (new)
(ba) Union trust funds shall be exclusively implemented outside the Union.
Amendment 664 #
Proposal for a regulation
Article 227 – paragraph 3 – point b b (new)
Article 227 – paragraph 3 – point b b (new)
(bb) Union trust funds objectives shall be aligned with the objectives of the Union instruments from which they are resourced.
Amendment 665 #
Proposal for a regulation
Article 227 – paragraph 4
Article 227 – paragraph 4
4. A board chaired by the Commission shall be established for each Union trust fund to ensure the fair representation of the European Parliament; the donors, and of the non-contributing Member States as observers, and to decide upon the use of the funds. The rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the Commission and adhered to by the donors. Those rules shall include the requirement to have the positive vote of the Commission for the final decision on the use of the funds.
Amendment 667 #
Proposal for a regulation
Article 227 – paragraph 5 – subparagraph 1
Article 227 – paragraph 5 – subparagraph 1
Union trust funds shall be created for a limited duration determined in their constitutive act. This duration may be extended by a decision of the Commissionthe European Parliament and the Council acting according to the ordinary legislative procedure upon request of the board of the trust fund concerned.
Amendment 669 #
Proposal for a regulation
Article 228 – paragraph 2
Article 228 – paragraph 2
2. Actions financed under Union trust funds may be implemented directly by the Commission pursuant to point (a) of Article 61(1) and in indirect implementation with the entities pursuant to points (i), (ii), (iii), (v), and (vi) of Article 61(1)(c) and shall comply with the financial rules.
Amendment 671 #
Proposal for a regulation
Article 228 – paragraph 5 – subparagraph 2
Article 228 – paragraph 5 – subparagraph 2
Financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer. The Commission shall in addition report at least every 6 months on the implementation of each trust fund according to qualitative criteria such as the nature of projects and programmes supported, the selection procedure, geographical and thematic priorities, the supervision of intermediaries and on how the trust fund contributes to the fulfilment of the objectives foreseen in the basic act of the Union instruments contributing to its financing.
Amendment 673 #
Proposal for a regulation
Article 228 – paragraph 5 – subparagraph 3
Article 228 – paragraph 5 – subparagraph 3
Amendment 674 #
Proposal for a regulation
Article 228 – paragraph 5 – subparagraph 3 a (new)
Article 228 – paragraph 5 – subparagraph 3 a (new)
The trust funds shall be part of the discharge procedure in accordance with Article 319 TFEU.
Amendment 675 #
Proposal for a regulation
Article 234 – paragraph 1 – point c
Article 234 – paragraph 1 – point c
(c) the consolidated annual accounts which present, in accordance with the accounting rules referred to in Article 79 and in particular with the the materiality principle, the consolidation of the financial information contained in the financial statements and the budget accounts of the bodies referred to in Articles 69 and 70 and instruments referred to in Title X and of other bodies meeting the accounting consolidation criteria.
Amendment 680 #
Proposal for a regulation
Article 250 – paragraph 3 – subparagraph 2
Article 250 – paragraph 3 – subparagraph 2
The Court of Auditors shallmay take, alls appropriate, necessary steps to ensure that the replies of eachthe institutions to its observations are published next to or after each observation to which they relate.
Amendment 682 #
Proposal for a regulation
Article 251 – paragraph 1 – subparagraph 6
Article 251 – paragraph 1 – subparagraph 6
The Court of Auditors shall take allmay take, as appropriate, necessary steps to ensure that the replies to its observations from eachthe institutions or bodyies concerned are published next to or after eachthe observations to which they relate, and publish the timeline for the drawing up of the special report.
Amendment 683 #
Proposal for a regulation
Article 254 – paragraph 1
Article 254 – paragraph 1
1. In accordance with Article 319 TFEU and Article 106a of the Euratom Treaty, the Commission, the other institutions and the bodies referred to in Articles 69 and 70 and the instruments referred in to Title X of this Regulation shall take all appropriate steps to act on the observations accompanying the European Parliament's discharge decision and on the comments accompanying the recommendation for discharge adopted by the Council.
Amendment 685 #
Proposal for a regulation
Article 258 – paragraph 3 – subparagraph 4
Article 258 – paragraph 3 – subparagraph 4
If the European Parliament and/or the Council raise duly justified concerns within that four- week period, that period shall be extended once by two weeks.
Amendment 686 #
Proposal for a regulation
Article 258 – paragraph 4 a (new)
Article 258 – paragraph 4 a (new)
4a. The period referred in to the second subparagraph of paragraph 3 shall be extended to six weeks if the information is submitted to the European Parliament and the Council in December or August. The period referred in to the second subparagraph of paragraph 3 shall be extended to eight weeks if the information is submitted to the European Parliament and the Council in July. The institutions shall refrain to present building projects according to paragraph 4 in July, August and December. In such case, the period referred in to the first and second subparagraphs of this paragraph shall apply mutadis muntadis.
Amendment 691 #
Proposal for a regulation
Article 261 – paragraph 6
Article 261 – paragraph 6
6. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.