Activities of Crescenzio RIVELLINI related to 2010/0395(COD)
Plenary speeches (5)
Financial rules applicable to the annual budget (A7-0325/2011 - Ingeborg Gräßle, Crescenzio Rivellini) (vote)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union PDF (1 MB) DOC (1 MB)
Amendments (60)
Amendment 222 #
Proposal for a regulation
Recital 1
Recital 1
(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities10 has been substantially amended several times. Since further amendments are to be made, including changes to take account of amendments introduced by the Treaty of Lisbon, the Regulation (EC, Euratom) No 1605/2002 should be replaced by this Regulation, according to the Treaty of Lisbon adopted jointly by the European Parliament and the Council according to the ordinary legislative procedure, in the interests of clarity.
Amendment 224 #
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC, Euratom) No 1605/2002 was confined to stating the broad principles and basic rules governing the whole budgetary sector covered by the Treaties, while the implementing provisions were laid down in Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities11 in order to produce a better hierarchy of rules and make Regulation (EC, Euratom) No 1605/2002 easier to read. Under Article 290 of the Treaty on the Functioning of the European Union (hereinafter the ‘'TFEU’') the Commission may receive delegation to adopt acts of general applicationa legislative act may delegate to the Commission the power to adopt non-legislative acts only to supplement or amendment certain non-essential elements of the legislative acts. As a consequence, some provisions laid down in Regulation (EC, Euratom) No 2342/2002, should be incorporated into this Regulation. The detailed rules for the application of this Regulation adopted by the Commission should be confined to technical details and implementing modalities.
Amendment 225 #
Proposal for a regulation
Recital 8
Recital 8
(8) The rules governing interest generated by pre-financing should be simplified as they generate excessive administrative burden on both recipients of Union funds and Commission services and create misunderstandings between the Commission services and operators and partners. For reasons of simplification, in particular in respect of grant beneficiaries, and in line with the principle of sound financial management, there should no longer be an obligation to generate interest on pre-financing and to recover such interest. [However, itrules should be possible to include such obligation in a delegation agreementforeseen in cases in which interest actually accrues, in order to allow the re- use of interests generated by pre-financing for the programmes managed by some delegates, or its recovery.
Amendment 226 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Treaty requires thatAs according to the Treaty the multiannual financial framework will in future be laid down in the form of a regulation. It is therefore necessary to incorporate certain provisions from the multiannual financial framework for 2007-2013 and the interinstitutional agreement on budgetary discipline and sound financial management has to be amended accordingly it is logical to incorporate certain provisions from the interinstitutional agreement into this Regulation. In particular, in order to ensure budgetary discipline, it is necessary to establish a link between the multiannual financial framework and the annual budgetary procedure. It is also necessary to include provisions on commitment of the European Parliament and of the Council to respect the allocations of commitment appropriations laid down in the basic acts for structural operations, rural development and the European Fisheries Fund.
Amendment 229 #
Proposal for a regulation
Recital 16
Recital 16
(16) Concerning provisions on proportionality, the notion of tolerable risk of error should be introduced as part of the risk assessment made by the Authorising Officer. The institutions should be able to move away from the general 2% materiality threshold used by the Court of Auditors to conclude on the legality and regularity of the underlying transactions. Tolerable risk levels constitute more appropriate basis for the Discharge Authority to judge the quality of the management of risk by the Commission. The European Parliament and the Council should therefore determIn order to assess the risk of error, and react accordingly, a management tool, presentineg the level of tolerable risk of error per policy area, taking into account the costs and benefits of controlsrisk of error should be applied.
Amendment 230 #
Proposal for a regulation
Recital 24
Recital 24
(24) The experience with Public Private Partnerships (PPPs) institutionalised as Union bodies under Article 185 of Regulation (EC, Euratom) No 1605/2002 demonstrates that further alternatives should be added in order to increase the choice of instruments to include bodies whose rules are more flexible and accessible to the private partners than those applicable to the Union institutions. Such alternatives should operate under indirect management. An alternative should be a body established by a basic act and endowed with financial rules which should take into account the principles necessary to ensure sound financial management of Union funds. These principles should be adopted in a delegated regulation on which the European Court of Auditors should be consulted and should be based on those with which third entities entrusted with budget implementation tasks have to comply. Another alternative should be the implementation of PPPs by bodies governed by private law of a Member State.
Amendment 231 #
Proposal for a regulation
Recital 25
Recital 25
(25) Basic control and audit obligations of Member States where they implement the budget indirectly in shared management, which currently exist only in sector- specific Regulations, should be, for the purposes of Articles 317 and 290 of the TFEU, introduced in this Regulation. Therefore it is necessary to include provisions, setting out a coherent framework for all policy areas concerned, on a harmonised administrative structure at national level, which does not create any additional control structures but allows the Member States to accredit bodies entrusted with the implementation of Union funds. The Member States should have the competence to determine the entity or organisation carrying out the functions of the accrediting authority, which may be at the same administrative level as the accredited body or already be responsible for the supervision of other authorities at present; this should not preclude the choice of any other structure on the part of the Member States as long as this is in line with the provisions of this Regulation. Further, common management and control obligations for those structures, annual management declaration of assurance with independent audit opinion thereon and an annual declaration by Member States by which they assume the responsibility for the management of Union funds they are entrusted with, financial clearance, suspension and correction mechanisms operated by the Commission should be contained in this Regulation in order to create a coherent legislative framework which also improves the overall legal certainty and the efficiency of controls and remedial actions as well as the protection of the Union's financial interests. Detailed provisions should remain in sector-specific Regulations.
Amendment 232 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) All draft proposals submitted to the legislative authority should be suitable for application of user friendly information technologies ('e-government') and the interoperability of data processed in the management of the budget should be ensured which should improve efficiency. Uniform data transmission standards for data available in electronic format should be foreseen. A transitional period of two years from the entry in force of this Regulation should be granted for the attainment of these targets.
Amendment 233 #
Proposal for a regulation
Recital 34
Recital 34
(34) The rules for exclusion should be improved in order to strengthen the protection of financial interests of the Union. The reference to money laundering should be added, as provided for in the Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts14 . Moreover, situations of exclusion concerning candidates or tenderers convicted by a judgment having the force of res judicata for an offence concerning their professional conduct, or for fraud, corruption, involvement in a criminal organisation, money laundering or similar criminal infringements detrimental to the financial interests of the Union, should be extended to persons having powers of representation, decision making or control over these candidates and tenderers. However, for reasons of proportionality, exclusion should not apply to candidates and tenderers who can demonstrate that they have taken adequate measures against the concerned persons having powers of representation. Finally, in order to ensure the continuity of service of the institution, derogation from the obligation of exclusion based on the grounds of bankruptcy or analogous situations, grave professional misconduct and non compliance with social obligations should be introduced in case of negotiated procedures where, for technical or artistic reasons or for reasons connected with the protection of exclusive rights, the contract can be awarded only to a particular economic operator.
Amendment 234 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to allow its auditees sufficient time to address findings of the Court of Auditors that could have an impact on the auditees’ final accounts or the legality and/or regularity of their underlying transactions, the Court of Auditors shall ensure that all such findings are transmitted to the institution or body concerned in good time.
Amendment 237 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 238 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to ensure continuity in the implementation of the current programmes, the provisions concerning control and audit obligations of Member States when they implement the budget indirectly under shared management should apply only to the next generation of sector-specific regulaas of 1st January 2014, except where the Member States voluntarily submit national declarations at an earlier stage which shall be taken into account in particular in the establishment of the Commission's audit and control strategies as well as the assessment of the amount of any subsequent financial corrections,.
Amendment 248 #
Proposal for a regulation
Part 1 – article 9 – paragraph 4
Part 1 – article 9 – paragraph 4
4. Non-differentiated appropriations corresponding to obligations duly contracted at the close of the financial year shall be carried over automatically to the following financial year only.The same shall apply to de-committed and unused appropriations (commitments and payments) not covered by paragraphs 2 and 3 as well as available, unspent margins below the overall ceiling of the Multiannual Financial Framework for each heading, which shall constitute a 'global MFF margin' and be attributed to the different headings in the following financial year according to their needs.
Amendment 249 #
Proposal for a regulation
Part 1 – article 9 a (new)
Part 1 – article 9 a (new)
Article 9a Carry over of Unused appropriations Unused appropriations both in commitments and payments as well as decommitted appropriations of year N may be carried over into N+1 budget, or in one of the future budgets in the framework of the annual budgetary procedure, by a decision of the budgetary authority. The Commission shall present before 1 October of the year N to the budgetary authority its forecast for unused and decommitted appropriations of year N, both in commitments and payments. Each arm of the budgetary authority shall eventually indicate how to allocate unused appropriations either in the N+1 budget or even on subsequent years. The decision will be taken jointly by the two arms of the budgetary authority following the procedure in accordance with Article 314 TFEU. The unused and decommitted appropriations shall be entered into one of the budgets and beyond the ceilings of the Multiannual Financial Framework. Unused and decommitted appropriations may be allocated either to a specific programme, or entered into a provisional chapter. In this case resources from the Member States will be called only after the decision of the budgetary authority on the specific destination. Carry over of margin of the multiannual financial framework In case after the adoption of the annual budget a margins are left under the each ceiling of the financial framework, the budgetary authority may decide, before the end of the exercise, to carry over the unused margins in any ceiling of one of the subsequent years of the multiannual financial framework. The total amount of the Multiannual financial framework will remain unchanged.
Amendment 257 #
Proposal for a regulation
Part 1 – article 18 – paragraph 2 – point e a (new)
Part 1 – article 18 – paragraph 2 – point e a (new)
(ea) fines and amounts receivable as a result of out-of-court settlements, understandings, or any other similar agreements concluded with or off payments paid by any non-state third parties insofar as these are not general revenue; (If adopted replaces the original amendment 15.)
Amendment 275 #
Proposal for a regulation
Part 1 – article 27 – paragraph 2
Part 1 – article 27 – paragraph 2
2. In order to reduce the risk of fraud and irregularities, the financial statement referred to in paragraph 1 shall provide information on the internal control system set up, an estimate of the costs and benefits of controls implied by such systems and an assessment of the risk involved, as well as existing and planned fraud prevention and protection measures.
Amendment 297 #
Proposal for a regulation
Part 1 – article 41 – paragraph 2 a (new)
Part 1 – article 41 – paragraph 2 a (new)
2a. Wherever possible and appropriate, articles and items shall correspond to individual operations carried out in the framework of a certain individual activity. The delegated regulations shall lay down guidelines for the classification of articles and items aiming at maximum transparency and conciseness of the budget.
Amendment 300 #
Proposal for a regulation
Part 1 – article 46 – paragraph 1 – point c – subpoint i
Part 1 – article 46 – paragraph 1 – point c – subpoint i
(i) for each section of the budget, an establishment plan providing a comprehensive presentation of the entire human resources and setting the number of posts for each grade in each category and in each service and the number of permanent and temporary posts authorised within the limits of the budget appropriations; , accompanied by a document presenting the full time equivalents of contract agents as well as local agents; (The amendment is compatible with the original amendment 57 and replaces only one part.)
Amendment 303 #
Proposal for a regulation
Part 1 – article 49
Part 1 – article 49
Article 49 Article 49 Where by implementation of an act of the Union the appropriations available in the budget or the allocations available in the multiannual financial framework would be exceeded, such act may be implemented in financial terms only after the budget has been amended and, if necessary, the financial framework has been appropriately revised. For the purposes of this Article, and notwithstanding Article 4 (2), an act of the Union shall be deemed to exist where borrowing or lending operations affect the global MFF margin (Article 9(4)) of any present or future years to which the multiannual financial framework applies.
Amendment 304 #
Proposal for a regulation
Part 1 – article 55 – paragraph 1 – point b
Part 1 – article 55 – paragraph 1 – point b
(b) indirectly, in shared management with Member States or by entrusting, subject to a specific provision in the basic act which shall also set out, other than in the cases of (i) and (iv), the type of implementing partners and types of operations, by entrusting certain specified budget implementation tasks to: (i) third countries or the bodies they have designated; (ii) international organisations and their agencies; (iii) financial institutions entrusted with the implementation of Financial Instruments pursuant to Title VIII; (iv) the European Investment Bank and the European Investment Fund or any other subsidiary of the Bank; (v) bodies referred to in Articles 200196b and 201196c; (vi) public law bodies or bodies governed by private law with a public service mission as far as these latter provide adequate financial guarantees; (viii) bodies governed by private law of a Member State, entrusted with the implementation of a public and private partnership and providing adequate financial guarantees; (viii) persons entrusted with the implementation of specific actions pursuant to Title V of the Treaty on the European Union, and identified in the relevant basic act within the meaning of Article 51 of this Regulation. persons entrusted with the implementation of specific actions in the Common Foreign and Security Policy pursuant to Title V of the Treaty on the European Union, and identified in the relevant basic act within the meaning of Article 51 of this Regulation. The Commission remains responsible for the implementation of the budget (Article 317 TFEU) and shall inform the European Parliament on the operations carried out by the entities under points (i) to (viii). The financial statement (Article 27) shall provide a full justification for the choice of a particular entity under points (i) to (viii). (If adopted it replaces original amendment 68.)
Amendment 306 #
Proposal for a regulation
Part 1 – article 55 – paragraph 1 a (new)
Part 1 – article 55 – paragraph 1 a (new)
1a. The financing decision which shall be annexed to the annual activity report (Article 63(9)) shall specify the objective pursued, the expected results, the method of implementation and the total amount of the financing plan. It shall also contain a description of the actions to be financed and an indication of the amount allocated to each action, and an indicative implementation timetable. In case of indirect management, it shall also specify the implementing partner chosen, the criteria used and the tasks entrusted to it.
Amendment 309 #
Proposal for a regulation
Part 1 – article 56 – paragraph 1
Part 1 – article 56 – paragraph 1
1. Responsibilities for budget implementation in shared management Where the Commission implements the budget by shared management, implementation tasks shall be delegated to Member States. These shall respect the principles of sound financial management, transparency and non-discrimination, and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States shall fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions may be laid down in sector-specific rules. (If adopted it replaces the original amendment 79.)
Amendment 313 #
Proposal for a regulation
Part 1 – article 56 – paragraph 2
Part 1 – article 56 – paragraph 2
Amendment 318 #
Proposal for a regulation
Part 1 – article 56 – paragraph 3
Part 1 – article 56 – paragraph 3
Amendment 325 #
Proposal for a regulation
Part 1 – article 56 – paragraph 4
Part 1 – article 56 – paragraph 4
4. BRole and competences of the accredited body Member States at the appropriate level, by means of bodies accredited pursuant to paragraph 3 of this Article shall: (a) conduct checks and set up and ensure the functioning of an effective and efficient internal control system; (b) use an annual accounting system providing accurate, complete and reliable information in a timely manner; (c) be subject to an independent external audit, performed in accordance with internationally accepted auditing standards by an audit service functionally independent of the accredited body; (d) ensure, in conformity with Article 31(2), annual ex post publication of recipients of Union funds; (f) ensure a protectionprovide the prerequisite data and information in accordance with paragraph 5; (d) ensure ex post publication of recipients of Union funds in accordance with Article 31(2). Any processing of personal data whicshall comply with snatisfies the principles laid down onal provisions implementing Directive 95/46/EC. (If adopted replaces original amendments 74 and 82)
Amendment 336 #
Proposal for a regulation
Part 1 – article 56 – paragraph 5
Part 1 – article 56 – paragraph 5
Amendment 344 #
Proposal for a regulation
Part 1 – article 56 – paragraph 6
Part 1 – article 56 – paragraph 6
Amendment 350 #
Proposal for a regulation
Part 1 – article 56 – paragraph 6 a (new)
Part 1 – article 56 – paragraph 6 a (new)
6a. Specific provision for European Territorial Cooperation Sector-specific rules shall take account of the needs of European Territorial Cooperation programmes as regards in particular the content of the annual management declaration, the accreditation process and the audit function. (If adopted it replaces the original amendment 77.)
Amendment 354 #
Proposal for a regulation
Part 1 – article 56 – paragraph 6 b (new)
Part 1 – article 56 – paragraph 6 b (new)
6b. National declarations of assurance Member States may provide a national declaration on the expenditure made under the system of shared management. If such a declaration is provided, it shall be signed at ministerial level, and be based on the information to be provided under paragraph 5(c), and shall at least cover the effective functioning of the internal control systems in place and the legality and regularity of the underlying transactions. It shall be subject to the opinion of an independent audit body and be provided to the Commission by 15 March of the year following the budgetary year concerned. A board of audit institutions composed of 6 representatives of supreme audit institutions of the Member States based on a two year rota and the European Court of Auditors shall be consulted on the guidelines for the establishment such national declarations. Where a Member State has provided a national declaration in accordance with the above provisions, this shall be taken into account in the establishment of the Commission’s audit and control strategies and the establishment of risk at Member States’ level in accordance with Article 29 it shall be forwarded to the budgetary authority in mutatis mutandis application of Article 63(9). (If adopted it replaces the original amendments 78 and 85)
Amendment 359 #
Proposal for a regulation
Part 1 – article 57 – paragraph 7
Part 1 – article 57 – paragraph 7
7. Paragraphs 5 and 6 of this Article shall not apply to Union entities and persons which are subject to a separate procedure of discharge from the budgetary authoritydischarge procedure when these entities implement the Union budget.
Amendment 362 #
Proposal for a regulation
Part 1 – article 63 – paragraph 6 – subparagraph 2
Part 1 – article 63 – paragraph 6 – subparagraph 2
The ex ante controls shall be carried by the members of staff other than those responsible for the ex post controls. The members of staff responsible for the ex post controls shall not be subordinate to the members of staff responsible for the ex ante controls, and vice versa.
Amendment 371 #
Proposal for a regulation
Part 1 – article 76 – paragraph 1 – subparagraph 1 a (new)
Part 1 – article 76 – paragraph 1 – subparagraph 1 a (new)
The debit note corresponding to the recovery order shall be served upon the debtor and shall be binding on the Commission in its content at the time of service.
Amendment 373 #
Proposal for a regulation
Part 1 – article 81 – paragraph 2 a (new)
Part 1 – article 81 – paragraph 2 a (new)
2a. The financing decision shall specify the objective pursued, the expected results, the method of implementation and the total amount of the financing plan. It shall also contain a description of the actions to be financed and an indication of the amount allocated to each action, and an indicative implementaiton timetable. In case of indirect management, it shall also specify the implementing partner chosen, the criteria used and the tasks entrusted to it.
Amendment 374 #
Proposal for a regulation
Part 1 – article 83 – paragraph 1
Part 1 – article 83 – paragraph 1
1. INotwithstanding Article 82(3), in respect of any measure which may give rise to expenditure chargeable to the budget, the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of Article 178.
Amendment 375 #
Proposal for a regulation
Part 1 – article 83 – paragraph 1 – subparagraph 1 a (new)
Part 1 – article 83 – paragraph 1 – subparagraph 1 a (new)
However, in case of humanitarian aid operations, civil protection operations and crisis management aid, provided that it is indispensable for the efficient delivery of the Union's intervention to enter into a legal commitment with third parties immediately without being possible to make a prior booking of the individual budgetary commitment, the latter may be booked without delay after entering into a legal obligation with third parties.
Amendment 376 #
Proposal for a regulation
Part 1 – article 87 – paragraph 4
Part 1 – article 87 – paragraph 4
4. Pre-financing shall be limited to two uncleared payments. It shall be cleared regularly by the responsible authorising officer, following the economic substance and timing of the underlying project. The authorising officer by delegation shall carry out annual eligibility checks. To this effect appropriate provisions shall be included in the contracts, grant decisions and agreements as well as the delegation agreements entrusting implementation tasks to the entities and persons referred to in point (b) of Article 55(1).
Amendment 377 #
Proposal for a regulation
Part 1 – article 89
Part 1 – article 89
Amendment 380 #
Proposal for a regulation
Part 1 – article 91 a (new)
Part 1 – article 91 a (new)
Article 91a Electronic Government (e-government) All draft proposals submitted to the legislative authority shall be suitable for application of user-friendly information technologies at all levels, in particular the level of final recipients of funds. Where funds are managed in shared management in accordance with Article 56, Commission and Member States shall ensure the interoperability of data gathered or otherwise received and transmitted in the management of the budget. Where data is available in an electronic format, possibilities for its transmission in such format must be foreseen. Where this is necessary, the Member States and the Commission shall agree on uniform data transmission standards. The Commission, in cooperation with other Institutions, executive agencies as well as entities referred to in Article 200, shall establish uniform standards for electronic information supplied to third parties in the process of procurements and grants procedures. It shall, to the greatest possible extent, design and apply uniform standards for the submission, storage and processing of data submitted in grants and procurement procedures, and to this end, shall designate a single ‘electronic data interchange area’ for potential beneficiaries, beneficiaries or candidates and tenderers. The established standards shall be applied by all Institutions and the referred above agencies and bodies. The Commission shall report to Parliament and Council on the progress of the implementation of this provision within two years after the entry of application of this Regulation and regularly thereafter. (If adopted it replaces the original amendment 118.)
Amendment 387 #
Proposal for a regulation
Part 1 – article 105 – paragraph 1 a (new)
Part 1 – article 105 – paragraph 1 a (new)
1a. The Commission shall ensure by appropriate means and in application of Article 91a that tenderers may enter the contents of the tenders and any supporting evidence in an electronic format (e-procurement) if they so wish and shall, with the consent of the tenderer, store such supporting evidence for the purpose of conducting future e- procurement procedures, in a central database common to all institutions and entities to which this Regulation applies. The data shall be erased after a six month period unless the tenderer applies for ongoing storage. It shall be the tenderer’s responsibility to maintain and update the stored data. The Commission shall report to Parliament and Council on the progress of the implementation of this provision within two years after the entry into force of this Regulation and regularly afterwards. (If adopted it replaces the original amendment 116.)
Amendment 391 #
Proposal for a regulation
Part 1 – article 115 a (new)
Part 1 – article 115 a (new)
Article 115a Beneficiaries 1. For the purposes of this Title, the term 'beneficiary' shall mean one or several entities to which the grant is awarded. 2. Where the action is implemented by one or several legal entities represented by or affiliated to a coordinating legal entity, the grant agreement may be signed by the coordinating legal entity on behalf of its affiliated members who shall be regarded as co-beneficiaries. 3. Where the grant is awarded to several (co-)beneficiaries, the grant agreement shall identify these beneficiaries and specify the rights and obligations between them and the Commission. It shall stipulate in particular but not exclusively: (a) the applicable law and legal venue, (b) the financial responsibility of the coordinating legal entity and its affiliated members towards the Commission for the implementation of the whole action, (c) the possibility to modify, following a majority decision of the co-beneficiaries, the rights and obligations between them; any modification in the number or identity of participating beneficiaries shall be subject to the approval of the competent authorising officer, which shall be granted unless there is a danger of that modification frustrating the purpose of the grant or adversely and materially affecting the Commission’s legal rights under the grant agreement. (If adopted it replaces the original amendment 135.)
Amendment 393 #
Proposal for a regulation
Part 1 – article 116 – paragraph 1 – point a
Part 1 – article 116 – paragraph 1 – point a
(a) reimbursement of a specified proportion of the eligible part of the total costs actually incurred; (Amendments 393, 394 and 397 belong together and together replace the original amendment 136.)
Amendment 394 #
Proposal for a regulation
Part 1 – article 116 – paragraph 1 – point a a (new)
Part 1 – article 116 – paragraph 1 – point a a (new)
(aa) reimbursement of a specified proportion of standard scale of unit costs; (Amendments 393, 394 and 397 belong together and together replace the original amendment 136.)
Amendment 397 #
Proposal for a regulation
Part 1 – article 116 – paragraph 1 – subparagraph 1 a (new)
Part 1 – article 116 – paragraph 1 – subparagraph 1 a (new)
When determining the appropriate form of a grant, the potential beneficiaries’ interests and accounting methods shall be taken into account to the greatest possible extent, if they correspond to international standards. For the purposes of this Regulation, ‘very low value grants’ shall be grants not exceeding EUR 5 000 and ‘low value grants’ shall be grants not exceeding EUR 60 000. (Amendments 393, 394 and 397 belong together and together replace the original amendment 136.)
Amendment 400 #
Proposal for a regulation
Part 1 – article 117 – paragraph 4
Part 1 – article 117 – paragraph 4
4. Grants may not have the purpose or effect of producing a profit within the framework of the action or the work programme of the beneficiary. The first subparagraph shall not apply to: (a) actions the objective of which is the reinforcement of the financial capacity of a beneficiary or the generation of an income; (b) study, research or training scholarships paid to natural persons; actions which generate an income to ensure their sustainability after the period of Union financing provided for in the grant decision or agreement; (b) study, research or training scholarships paid to natural persons and other direct support paid to natural persons in most need, such as refugees and unemployed persons; (ba) grants based on flat rates and/or lump sums and/or unit costs where these comply with with the conditions set out in Article 116a(2); (bb) low value grants. Where a profit is made, the Commission shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary to carry out the action or work programme.
Amendment 402 #
Proposal for a regulation
Part 1 – article 117 – paragraph 4 a (new)
Part 1 – article 117 – paragraph 4 a (new)
4a. For the purpose of this Title, profit shall be defined as follows: (a) in the case of a grant for an action, profit means a surplus of earmarked receipts over the eligible costs incurred by the beneficiary, when the request is made for final payment. Earmarked receipts may consist in income generated by the action and financial transfers from third parties assigned to the eligible costs of the action; (b) in the case of an operating grant, profit means a surplus balance on the eligible operating budget of the beneficiary. (If adopted it replaces the original amendment 140.)
Amendment 409 #
Proposal for a regulation
Part 1 – article 122 – paragraph 1 a (new)
Part 1 – article 122 – paragraph 1 a (new)
1a. The maximum time limit for processing applications shall be six months, or, where a panel decision is prerequisite, nine months, from the expiry of the deadline set for the submission of the application. This time limit may exceptionally be exceeded where the specific nature and subject-matter of the grant so require. Where this is the case, the provisional time limit shall be announced in the respective call for proposals. Where the time limit cannot be met due to other reasons, the authorising officer by delegation shall include this into his annual activity report together with the reasons and proposals for remedial action. He shall report in the following annual activity report on the success of the remedial action. (If adopted it replaces the original amendment 149.)
Amendment 411 #
Proposal for a regulation
Part 1 – article 122 – paragraph 3
Part 1 – article 122 – paragraph 3
3. Articles 100 to 103 shall also apply to grant applicants. Applicants must certify that they are not in one of the situations referred to in Articles 100 to 103. However, the authorising officer may refrain fromshall not requiringe such certification, as specified in the delegated Regulation referred to in Article 199, for any of the following: (a) very low valued grants; (b) when such certification has recently been provided in another award procedure; (c) when there is a material impossibility to provide such certification.If adopted it replaces the original amendment 150.)
Amendment 413 #
Proposal for a regulation
Part 1 – article 125
Part 1 – article 125
Article 125 Article 125 The authorising officer responsible may, if he deems it appropriate and proportionate on a case-by-case basis and subject to risk analysis, require the beneficiary to lodge a guarantee in advance in order to limit the financial risks connected with the payment of pre- financing. Guarantees shall not be required in the case of low value grants.
Amendment 419 #
Proposal for a regulation
Part 1 – article 126 a (new)
Part 1 – article 126 a (new)
Amendment 468 #
Proposal for a regulation
Part 2 – article 175 a (new)
Part 2 – article 175 a (new)
Amendment 469 #
Proposal for a regulation
Part 2 – article 178 – paragraph 2
Part 2 – article 178 – paragraph 2
The contributions of the Union and the donors shall be entered into a specific bank account. These contributions are not integrated in the budget and are managed by the Commission under the responsibility of the authorising officer by delegation. The entities and persons referred to in point (b) of Article 55(13) may be entrusted with budget implementation tasks in accordance with the relevant rules for indirect management.applies. (If adopted it replaces the original amendment 197.)
Amendment 471 #
Proposal for a regulation
Part 2 – article 195 – paragraph 3
Part 2 – article 195 – paragraph 3
3. The institutions and bodies within the meaning of Article 196b shall inform the budgetary authority as soon as possible of any building project likely to have significant financial implications for the budget. If either branch of the budgetary authority intends to issue an opinion, it shall withinn particular, they shall inform the budgetary authority in connection with: (a) construction and renovation projects, before invitations two weeks after receipt of the information on the building project notify the institution concerned of its intentender are issued, about the specific planning arrangements and, once detailed cost plans have been drawn up but before contracts are concluded, about all aspects with a bearing on decision-taking and about project financing, as well as, after completion of the works, about the extent to which the works were carried out as planned and on budget; (b) other building contracts, before invitations to issue such an opinion. Failing a reply, the institution concerned may proceed with the planned operation under its administrative autonomy, subject to Article 335 of the TFEU and Article 185 of the Euratom Treaty with regard to Union representationtender are issued or any prospecting of the local market takes place, about the specific building surface area required and, before contracts are concluded, about all aspects with a bearing on decision-taking and about project financing, as well as, after completion of projects, about budget compliance and project implementation. The approval of the budgetary authority shall be obtained before contracts are concluded. That opinion shall be forwarded to the institute budgetary authority shall take a decision concerned giving approval within twoeight weeks of such notification. The institutions shall request the approval of the budgetary authority for the acquisition of real state assets or any oafter receipt of the application and of all information with a bearing on decision-taking. In the remarks on expenditure as classified in accordance with Article 41, reference shall be made to each building project within the meaning of this article, together with the respective amounts entered in ther building project, finandget. (If adopted it replaceds through a loan.e original amendment 200.)
Amendment 474 #
Proposal for a regulation
Part 2 – article 196 b (new)
Part 2 – article 196 b (new)
Amendment 475 #
Proposal for a regulation
Part 2 – article 196 c (new)
Part 2 – article 196 c (new)
Amendment 476 #
Proposal for a regulation
Part 3 – article 199
Part 3 – article 199
Article 199 Article 199 The Commission shall be empowered to adopt a delegated Rregulation on detailed rules for the application of this Regulation in accordance with Articles 202, 203 and 204in accordance with Articles 202, 203 and 204 concerning detailed rules to supplement or amend certain non-essential elements of the following Articles: 5, 8, 9, 16, 18, 19, 20, 22, 23, 25, 26, 27, 30, 31, 34, 38, 41, 46, 50, 51, 55, 56, 57, 58, 61, 63, 65, 66, 67, 69, 70, 71, 72, 75, 76, 77, 77b, 78, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90, 92, 93, 94, 95, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 117a, 118, 119, 120, 122, 123, 124, 125, 126, 126a, 126c, 127, 133, 135, 136, 137, 139, 142, 145, 147, 148, 173, 175, 176, 178, 179, 180, 181, 182, 183, 184, 187, 188, 191, 193, 195, 196, 197. An annex to this Regulation lists the objectives, content and scope of the delegation with reference to the aforementioned Articles. The delegated Rregulation shall also include rules on the implementation of administrative expenditure relating to the appropriations provided in the budget for the Euratom Supply Agency. (If adopted it replaces the original amendment 207.)
Amendment 477 #
Proposal for a regulation
Part 3 – article 200
Part 3 – article 200
Amendment 478 #
Proposal for a regulation
Part 3 – article 201
Part 3 – article 201
Amendment 480 #
Proposal for a regulation
Part 3 – article 204 – paragraph 3
Part 3 – article 204 – paragraph 3
3. If either the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated actr both institutions have proposed modifications to a delegated regulation or parts of it, the Commission shall take note of the modifications and submit a revised proposal. The European Parliament or the Council may object to this revised proposal within a term of three months from the date of notification, in which case it does not enter into force.
Amendment 481 #
Proposal for a regulation
Part 3 – article 208 – paragraph 3
Part 3 – article 208 – paragraph 3
Article 56 shall only apply only to commitments made as of 1 January 2014 of funds referred to in Article 167. as of 1 January 2014 until which time Article 53b of Regulation (EC, Euratom) No 1605/2002 remains in force. However, Member States may already apply Article 56 paragraph 2 as of 1 January 2012. Where Member States provide a national declaration in the meaning of Article 56 paragraph 6b also the final subparagraph of Article 56 paragraph 6b shall apply as of 1 January 2012. As of 1st January 2014, the first sentence of Article 56 paragraph 6b is replaced by the following: "Member States provide a national declaration on the expenditure made under the system of shared management." The functions of existing bodies under Council Regulation (EC) No 1083/20062 shall remain unaffected by the accreditation of such bodies. From 1 January 2014, the accredited bodies shall be competent for performing their functions. 4. Article 5 paragraph 4 shall have immediate effect as from the publication of this Regulation. Where beneficiaries have applied Article 5 paragraph 5 of Regulation (EC) No 1605/2002 without having made use of an interest-bearing bank account, this shall not be considered as an error and/or irregularity. (If adopted it replaces para 3 in the original amendment 221)
Amendment 482 #
Proposal for a regulation
Annex (new)
Annex (new)