2008/0268(COD) | [ParlTrack]

Proposal for a decision
Recital 4

(4) The Community guarantee should cover losses under loans and loan guarantees for EIB eligible investment projects carried out in countries covered by the Instrument for Pre-Accession Assistance (the 'IPA'), the European Neighbourhood and Partnership Instrument (the 'ENPI') ~~and~~, the Development Cooperation Instrument (the 'DCI'), the European Instrument for Democracy and Human Rights (the 'EIDHR')1, and the Nuclear Safety Cooperation Instrument (the 'NSCI')2, where the loan financing or guarantee has been granted according to a signed agreement which has neither expired nor been cancelled ('EIB Financing Operations'). _____________ 1 Regulation (EC) No 1889/2006 of the European Parliament and the Council of 20 December 2006 (OJ L 386, 29.12.2006, p. 1). 2 Council Regulation (Euratom) No 300/2007 of 19 February 2007 (OJ L 81, 22.3.2007, p. 1).

Amendment 12 #

Proposal for a decision
Recital 6

(6) The Community's external relations policies have been revised and broadened in recent years. This has notably been the case for the Pre-Accession Strategy, for the European Neighbourhood Policy, for the renewed partnerships with Latin America and South-East Asia and for the EU's Strategic Partnerships with Russia, Central Asia, China and India. This is further the case in relation to the Community's development policies, which have now been extended to include all developing countries. These development policies are one of the pillars of the Community's external relations, affording a solution tailored to the needs of developing countries.

Amendment 13 #

Proposal for a decision
Recital 7

(7) From 2007, the Community's external relations have also been supported by the new financial instruments, i.e. the IPA, the ENPI, the DCI, the EIDHR, the NSCI and by the Instrument for Stability

Amendment 14 #

Proposal for a decision
Recital 8

(8) EIB Financing Operations should be consistent with and support the Community's external policies including specific regional objectives and should contribute to the general objective of promoting and consolidating democracy and the rule of law, human rights and fundamental freedoms, and to the observance of international environmental agreements to which the Community or its Member States are parties. In relation to developing countries in particular, EIB Financing Operations shall foster sustainable economic and social development of these countries, more particularly in the most disadvantaged amongst them; their smooth and gradual integration into the world economy; the campaign against poverty; the general objective of developing and consolidating democracy and the rule of law; the general objective of respecting human rights and fundamental freedoms; as well as compliance with objectives approved by the Community in the context of the United Nations and other competent international organisations. By ensuring overall coherence with Community actions, EIB financing should be complementary to corresponding Community assistance policies, programs and instruments in the different regions. Moreover, the protection of the environment and energy security of the Member States should form part of the EIB's financing objectives in all eligible regions. EIB Financing Operations should take place in countries complying with appropriate conditionality consistent with Community high level agreements on political and macro-economic aspects.

Amendment 15 #

Proposal for a decision
Recital 8

(8) EIB Financing Operations should be consistent with and support the Community's external policies ~~including specific regional objectiv~~, notably the goals of Community policy in the sphere of development cooperation, including specific regional objectives, and should contribute to the general objective of promoting and consolidating democracy and the rule of law, human rights and fundamental freedoms, and to contribute to the observance of international environmental agreements to which the Community or its Member States are parties. By ensuring overall coherence with Community actions, EIB financing should be complementary to corresponding Community assistance policies, programs and instruments in the different regions. Moreover, the protection of the environment and energy security of the Member States should form part of the EIB's financing objectives in all eligible regions. EIB Financing Operations should take place in countries complying with appropriate conditionality consistent with Community high level agreements on political and macro-economic aspects. , including human rights benchmarks.

Amendment 16 #

Marusya LYUBCHEVA

Proposal for a decision
Recital 8

(8) EIB Financing Operations should be consistent with and support the Community's external policies ~~including~~and specific regional objectives, such as the development of energy transportation networks, the fight against climate change, the greening of industry, the sustainable management of water resources. By ensuring overall coherence with Community actions, EIB financing should be complementary to corresponding Community assistance policies, programs and instruments in the different regions. Moreover, the protection of the environment and energy security of the Member States should form part of the EIB's financing objectives in all eligible regions. EIB Financing Operations should take place in countries complying with appropriate conditionality consistent with Community high level agreements on political and macro-economic aspects.

Amendment 17 #

Proposal for a decision
Recital 9 a (new)

(9a) The information received by the European Parliament and the Council and the opportunities for scrutiny should also be strengthened, including by the transmission to it of strategic programming documents prepared by the Commission or by the EIB and by addressing the consistency of EIB Financing Operations with the external policies and objectives of the European Union in the structured dialogue with the European Parliament established in the new external financing instruments for 2007-2013.

Amendment 18 #

Proposal for a decision
Recital 10

(10) With regard to pre-accession countries, EIB financing in those countries should reflect the priorities established in the Accession and European Partnerships, in the Stabilisation and Association agreements and in negotiations with the Community. The focus of Community action in the Western Balkans should continue to shift progressively from reconstruction to pre-accession support. In this context, the EIB activity should, in addition, also seek to encourage the institution building aspect, where relevant, in cooperation with other International Financial Institutions ('IFIs') active in the region. Over the period 2007-20130, financing to candidate countries (Croatia, Turkey and the former Yugoslav Republic of Macedonia) should increasingly take place under the Pre-Accession Facility made available by the EIB, which should be extended over time to cover the potential candidate countries in the Western Balkans in line with the progress of their accession process.

Amendment 19 #

Proposal for a decision
Recital 10

(10) With regard to pre-accession countries, EIB financing in those countries should reflect the priorities established in the Accession and European Partnerships, in the Stabilisation and Association agreements and in negotiations with the Community. The focus of Community action in the Western Balkans should continue to shift progressively from reconstruction to pre-accession support. In this context, the EIB activity should, in addition, also seek to encourage the institution building aspect, where relevant, in cooperation with other International Financial Institutions ('IFIs') active in the region. Over the period 2007-20131, financing to candidate countries (Croatia, Turkey and the former Yugoslav Republic of Macedonia) should increasingly take place under the Pre-Accession Facility made available by the EIB, which should be extended over time to cover the potential candidate countries in the Western Balkans in line with the progress of their accession process.

Amendment 20 #

Proposal for a decision
Recital 10

(10) With regard to pre-accession countries, EIB financing in those countries should reflect the priorities established in the Accession and European Partnerships, in the Stabilisation and Association agreements and in negotiations with the Community. The focus of Community action in the Western Balkans should continue to shift progressively from reconstruction to pre-accession support, while taking account of the present economic climate and the economic difficulties which to one or another extent all countries are faced with. In this context, the EIB activity should, in addition, also seek to encourage the institution building aspect, where relevant, in cooperation with other International Financial Institutions ('IFIs') active in the region. Over the period 2007-2013, financing to candidate countries (Croatia, Turkey and the former Yugoslav Republic of Macedonia) should increasingly take place under the Pre-Accession Facility made available by the EIB, which should be extended over time to cover the potential candidate countries in the Western Balkans in line with the progress of their accession process.

Amendment 21 #

Proposal for a decision
Recital 11

(11) With regard to countries covered by the ENPI, the EIB should continue and consolidate its activities inrelating to the Mediterranean region, enhancing its focus on private sector development. In this respect, cooperation by partner countries to facilitate private sector development and encourage structural reform, in particular financial sector reform, is needed, as well as other measures to facilitate EIB activities, in particular to ensure that the EIB can issue bonds in local markets. As regards Eastern Europe, Southern Caucasus and Russia, the EIB should enhance its activities in the countries concerned in line with appropriate conditionality consistent with Community high level agreements with the country in question on political and macro-economic aspects. In this region, the EIB should finance projects of significant interest to the Community in transport, energy, telecommunications and environmental infrastructure. Priority should be given to projects on extended major Trans European Network axes, projects with cross-border implications for one or more Member States and major projects favouring regional integration through increased connectivity. In the environmental sector, the EIB should in Russia give particular priority to projects within the framework of the Northern Dimension Environmental Partnership. In the energy sector, strategic energy supply and energy transport projects are of particular importance, in line with the objective of Community policy of diversifying energy sources and with a view to guaranteeing stable and secure resources for consumers. EIB Financing Operations in this region should be carried out in close cooperation with the European Bank for Reconstruction and Development ('the EBRD'), in particular according to the terms set out in a tripartite Memorandum of Understanding between the Commission, the EIB and the EBRD.

Amendment 22 #

Proposal for a decision
Recital 12

(12) EIB financing in the Asian and Latin American countries will be progressively aligned with the EU cooperation strategy in those regions and be complementary to instruments financed by Community budgetary resources. The EIB should endeavour to progressively expand its activities across a larger number of countries in those regions, including in the less prosperous countries. In support of Community objectives, EIB financing in the Asian and Latin American countries should focus on environmental sustainability (including climate change mitigation) and energy security projects, on the goals of Community policy in the sphere of development cooperation as well as the continued support of EU presence in Asia and Latin America through Foreign Direct Investment, and the transfer of technology and know how. Taking into account cost-efficiency, the EIB should be able to work also directly with local companies, in particular in the field of environmental sustainability and energy security. The mid-term review will re- examine the objectives of the EIB financing in Asia and Latin America.

Amendment 23 #

Proposal for a decision
Recital 13

(13) In Central Asia, the EIB should focus on major energy supply and energy transport projects which also serve Community energy interests and are consistent with and support the Community policy objectives of diversification of energy sources and the Kyoto requirements, the goals of Community policy in the sphere of development cooperation and of enhancement of environmental protection. EIB financing in Central Asia should be carried out in close cooperation with the EBRD, in particular according to the terms set out in a tripartite Memorandum of Understanding between the Commission, the EIB and the EBRD.

Amendment 24 #

Proposal for a decision
Recital 14

(14) To complement the EIB activities under the Cotonou Agreement for the ACP countries, in South Africa the EIB should focus on infrastructure projects of public interest (including municipal infrastructure, power and water supply) and private sector support, including SMEs, as well as on the goals of Community policy in the sphere of development cooperation. The implementation of the provisions on economic cooperation under the EU-South Africa Trade and Development Cooperation Agreement will further promote EIB activities in this region.

Amendment 25 #

Proposal for a decision
Recital 15

(15) With a view to enhancing the coherence of overall Community support in the regions concerned, opportunities should be sought to combine EIB financing with Community budgetary resources as appropriate, in the form of grant support, risk capital and interest rate subsidies, alongside technical assistance for project preparation, implementation or enhancement of the legal and regulatory framework and project standards, through the IPA, the ENPI, the Instrument for Stability, the EIDHR, the EIR, the WCD and, for South Africa, the DCI.

Amendment 26 #

Proposal for a decision
Recital 15

(15) With a view to enhancing the coherence of overall Community support in the regions concerned, opportunities should be sought to combine EIB financing with Community budgetary resources as appropriate, in the form of grant support, risk capital and interest rate subsidies, alongside technical assistance for project preparation, implementation or enhancement of the legal and regulatory framework, through the IPA, the ENPI, the Instrument for Stability, the EIDHR, the NSCI, and, for South Africa, the DCI.

Amendment 27 #

Proposal for a decision
Recital 16

(16) The EIB already closely cooperates with IFIs and with European bilateral institutions. This cooperation is guided by regionally-specific Memoranda of Understanding, which should be approved by the governing bodies of the EIB. In its financing operations outside the Community falling within the scope of this Decision, the EIB should endeavour to further enhance coordination and cooperation with IFIs and with European bilateral institutions where relevant, including, where appropriate, cooperation on sector conditionality, increased use of cofinancing and participation with other IFIs in global initiatives, such as those promoting ~~aid~~the coordination ~~and efficiency~~of financial support and efficiency in utilising financial resources.

Amendment 28 #

Proposal for a decision
Recital 17

(17) Reporting and transmission of information by the EIB and the Commission on EIB Financing Operations should be strengthened. On the basis of the information received from the EIB, the Commission should report, on an annual basis, to the European Parliament and the Council on the EIB Financing Operations carried out under this Decision. Th~~e report should, in particular,~~is report should include an assessment of the contribution of EIB Financing Operations to the achievement of the external policy objectives of the Union. The report should, in particular, contain the strategic programming documents and include a section on value-added in line with Community policies, and a section on cooperation with the Commission, other IFIs and bilateral donors, including on cofinancing.

Amendment 29 #

Proposal for a decision
Recital 18

(18) The Community guarantee established by this Decision should cover EIB Financing Operations signed during a period beginning on 1 February 2007 and ending on 31 December 20130. In order to be able to take stock of the developments during the first half of that period, the EIB and the Commission should prepare a mid-term review of the Decision. This review should in particular includThe EIB and the Commission should prepare an external evaluation whose terms of reference are specified in Annex II.

Amendment 30 #

Laima Liucija ANDRIKIENĖ, Reimer BÖGE

Proposal for a decision
Recital 18

(18) The Community guarantee established by this Decision should cover EIB Financing Operations signed during a period beginning on 1 February 2007 and ending on 31 ~~December~~August 20131. In order to be able to take stock of the developments during the first half of that period, the EIB and the Commission should prepare a mid- term review of the Decision. This review should in particular include an external evaluation whose terms of reference are specified in Annex II.

Amendment 31 #

Proposal for a decision
Recital 23

(23) The Court, however, ordered that the effects of Decision 2006/1016/EC be maintained for EIB financing arrangements entered into before the entry into force, within a period of 12 months from the date of delivery of the said judgment, of a new decision adopted on the appropriate legal basis, namely Articles 179 EC and 181a EC together. This judgement implies that the codecision procedure will now apply for the activation of the optional mandate, the eligibility of countries listed in Annex I, and the suspension of new EIB financing in a specific country in the event of serious concerns over the political or economic situation.

Amendment 32 #

Proposal for a decision
Recital 24

(24) A new Decision of the European Parliament and of the Council should therefore be adopted swiftly in order to provide for a continu~~ous unchanged~~ing guarantee of the relevant EIB Financing Operations outside the Community. This Decision is, however, limited in time and expires on 31 December 2010.

Amendment 33 #

Proposal for a decision
Recital 24 a (new)

(24a) In order to preserve fully the prerogatives of the legislative authority the Commission shall present before 15 October 2009 a proposal for a new decision.

Amendment 34 #

Proposal for a decision
Recital 24 a (new)

(24a) Nevertheless, the swift adoption of this Decision should be achieved whilst ensuring that the European Parliament's prerogatives are fully respected; for that reason, the Commission should present, before 30 April 2010, a proposal for a new decision also taking into consideration the conclusions of the mid-term review.

Amendment 35 #

Laima Liucija ANDRIKIENĖ

Proposal for a decision
Recital 24 a (new)

Amendment 36 #

Gary TITLEY

Proposal for a decision
Recital 24 a (new)

(24a) Nevertheless, the swift adoption of this Decision should be achieved whilst ensuring that the European Parliament's prerogatives are fully respected; for that reason, the Commission should present, before 31 May 2010, a proposal for a new decision also taking into consideration the conclusions of the mid-term review.

Amendment 37 #

Proposal for a decision
Recital 24 b (new)

(24b) The presentation of a new proposal for a decision of the European Parliament and of the Council by 28 February 2010 is all the more necessary since this Decision will expire on 31 August 2011.

Amendment 38 #

Laima Liucija ANDRIKIENĖ

Proposal for a decision
Recital 24 b (new)

(24b) The presentation of a proposal for a new decision of the European Parliament and of the Council by 30 April 2010 is all the more necessary since this Decision will expire on 31 October 2011.

Amendment 39 #

Gary TITLEY

Proposal for a decision
Recital 24 b (new)

(24b) The presentation of a proposal for a new decision of the European Parliament and of the Council by 31 May 2010 is all the more necessary since the present Decision will expire on 31 January 2012.

Amendment 40 #

Proposal for a decision
Article 1 – paragraph 3

3. The maximum ceiling of the EIB Financing Operations throughout the period referred to in paragraph 6, less amounts cancelled, shall not exceed EUR ~~27 800~~14 358 million. This maximum ceiling shall be broken down into two parts: id- term review set out in Article 9. (a) a basic ceiling of a fixed maximum amount of EUR ~~25 800~~13 325 million, including its regional distribution defined in paragraph 4, to cover the entire period referred to in paragraph 6; (b) an optional mandate of EUR 21 00033 million. The activation in whole or in part of this optional amount and its regional distribution will be decided by the European Parliament and the Council in accordance with the procedure laid down in Article 251 of the Treaty. The decision will be based on the outcome of the m~~id- term review set out in Article 9.~~

Amendment 41 #

Proposal for a decision
Article 1 – paragraph 4

4. The basic ceiling referred to in paragraph 3(a) shall be broken down into the following binding regional ceilings: (a) Pre-Accession countries: EUR ~~8 700~~4 493 million; (b) Neighbourhood and Partnership countries: EUR 126 4004 million; broken down into the following indicative sub-ceilings: (i) Mediterranean: EUR ~~8 700~~4 493 million; (ii) Eastern Europe, Southern Caucasus and Russia: EUR ~~3 700~~1 911 million; (c) Asia and Latin America: EUR ~~3 800~~1 963 million; broken down into the following indicative sub-ceilings: (i) Latin America: EUR ~~2 800~~1 446 million; (ii) Asia (including Central Asia): EUR ~~1 000~~517 million; (d) Republic of South Africa: EUR ~~900~~465 million.

Amendment 42 #

Proposal for a decision
Article 1 – paragraph 6

6. The Community guarantee shall cover EIB Financing Operations signed during the period beginning on 1 February 2007 and ending on 31 December 20130. EIB Financing Operations signed under Council Decision 2006/1016/EC and under Council Decision 2008/847/EC shall continue to benefit from the Community guarantee under this Decision.

Amendment 43 #

Proposal for a decision
Article 1 – paragraph 6

6. The Community guarantee shall cover EIB Financing Operations signed during the period beginning on 1 February 2007 and ending on 31 ~~December~~August 20131. EIB Financing Operations signed under Council Decision 2006/1016/EC and under Council Decision 2008/847/EC shall continue to benefit from the Community guarantee under this Decision.

Amendment 44 #

Proposal for a decision
Article 1 – paragraph 7

7. If, on expiry of the period referred to in paragraph 6, the European Parliament and the Council have not adopted a decision granting a new Community Guarantee to the EIB for its Financing Operations outside the Community, that period shall be automatically extended by six months.deleted

Amendment 45 #

Proposal for a decision
Article 3

1. The consistency of EIB external actions with the external policy objectives of the Community, including the Community policy in the sphere of development cooperation, shall be strengthened with a view to maximising synergies of EIB financing and budgetary resources of the European Union, notably through regular and systematic dialogue and early consultation on: (a) strategic documents prepared by the Commission, such as country and regional strategy papers, action plans and pre- accession documents; (b) the EIB's strategic planning documents and project pipelines; (c) other policy and operational aspects. 2. The cooperation shall be carried out on a regionally differentiated basis, taking into consideration the EIB's role as well as the policies of the Community in each region. The EIB shall contribute, under the terms laid down in its Statute, to the implementation of the measures necessary to further the objectives of the Community's development cooperation policy. 3. An EIB Financing Operation will not be included under the cover of the Community guarantee in case the Commission delivers a negative opinion on such operation within the framework of the procedure provided for in Article 21 of the Statutes of the EIB. 4. The consistency of EIB Financing Operations with the external policy objectives of the Community, including the Community policy in the sphere of development cooperation, shall be monitored in accordance with Article 6.

Amendment 46 #

Proposal for a decision
Article 3 – paragraph 1

1. The consistency of EIB external actions with the external policy objectives of, and the new internal policy duties assigned by, the Community shall be strengthened with a view to maximising synergies of EIB financing and budgetary resources of the European Union, notably through regular and systematic dialogue and early consultation on:

Amendment 47 #

Proposal for a decision
Article 6 – paragraph 1

1. The Commission shall report annually to the European Parliament and the Council on the EIB Financing Operations carried out under this Decision. The report shall include an assessment of impact and effectiveness of EIB Financing Operations at project, sector, country and regional level as well as the contribution of the EIB Financing Operations to the fulfilment of the external policy objectives of the Community, notably the goals of Community policy in the sphere of development cooperation, as well as its contribution to promoting and consolidating democracy and the rule of law, human rights and fundamental freedoms, and to the observance of international environmental agreements to which the Community or its Member States are parties, taking into account the operational objectives of the EIB. It shall also include an assessment of the extent of cooperation between the EIB and the Commission and between the EIB and other IFIs and bilateral donors.

Amendment 48 #

Proposal for a decision
Article 6 − paragraph 1

1. The Commission shall report annually to the European Parliament and the Council on the EIB Financing Operations carried out under this Decision. The report shall include an assessment of impact and effectiveness of EIB Financing Operations at project, sector, country and regional level as well as the contribution of the EIB Financing Operations to the fulfilment of the external policy objectives of the Community, including Community policy in the sphere of development cooperation, taking into account the operational objectives of the EIB. It shall also include an assessment of the extent of cooperation between the EIB and the Commission and between the EIB and other IFIs and bilateral donors.

Amendment 49 #

Proposal for a decision
Article 6 − paragraph 2

2. For the purposes of paragraph 1, the EIB shall provide the Commission with yearly reports of EIB Financing Operations carried out under this Decision and of the fulfilment of the external policy objectives of the Community, including Community policy in the sphere of development cooperation, including cooperation with other IFIs.

Amendment 50 #

Proposal for a decision
Article 8

The EIB and the Commission shall enter into a guarantee agreement laying down the detailed provisions and procedures relating to the Community guarantee, which shall inter alia contain conditions with clear benchmarks regarding respect for human rights.

Amendment 51 #