{"change_dates":[],"dossier":{"amendments":[{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-1","location":[["Proposal for a regulation","Recital 8"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(8) By Council Decisions 2009/102/EC of","4 November 2009, 2009/290/EC of 20","January 2009 and 2009/459/EC of 26 May","2009 Hungary, Latvia and Romania were","granted such financial assistance."],"old":["(8) By Council Decisions 2009/102/EC of","4 November 2009, 2009/290/EC of 20","January 2009 and 2009/459/EC of 26 June","2009 Hungary, Latvia and Romania were","granted such financial assistance."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"1","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-2","location":[["Proposal for a regulation","Recital 9"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(9) The period during which the assistance","is available to Ireland, Hungary, Latvia,","Portugal and Romania is set out in the","respective Council Implementing","Decisions. The period during which","assistance was made available to Hungary","expired on 4 November 2010."],"old":["(9) The period during which the assistance","is available under Regulations 407/2010","and 332/2002 is set out in the respective","Council Implementing Decisions. The","Council Decision granting assistance to","Hungary expired on 4 November 2010."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"2","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-3","location":[["Proposal for a regulation","Recital 9 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(9a) The period during which the","assistance under the Intercreditor","Agreement and the Loan Facility","Agreement is available to Greece is","different for each Member State","participating in those instruments. For","the purposes of this Regulation it is","necessary for any Member State making a","request to benefit from the derogation","under this Regulation to clearly specify in","its request the starting date, from which it","considers that the derogation is justified","in applying to that Member State in","accordance with this Regulation."],"old":[""],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"3","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-4","location":[[" Proposal for a regulation","Recital 10"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(10) On 11 July 2011, finance ministers of","the 17 euro-area Member States signed the","Treaty establishing the European Stability","Mechanism (ESM). Under that Treaty,","which is a consequence of the European","Council Decision of 25 March 2011,the","ESM will, by 2013, assume the tasks","currently fulfilled by the European","Financial Stability Facility (EFSF) and the","European Financial Stabilisation","Mechanism (EFSM). This future","mechanism should therefore already be","taken into account in this Regulation."],"old":["(10) On 11 July 2011, finance ministers of","the 17 euro-area Member States signed the","Treaty establishing the European Stability","Mechanism (ESM). It is foreseen that by","2013, the ESM will assume the tasks","currently fulfilled by the European","Financial Stability Facility (EFSF) and the","European Financial Stabilisation","Mechanism (EFSM)."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"4","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-5","location":[["Proposal for a regulation","Recital 10 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(10a) In its conclusions of 23 and 24 June","2011, the European Council welcomed","the Commission's intention to enhance","the synergies between the loan","programme for Greece and the Union","funds, supporting efforts to increase","Greece's capacity to absorb Union funds","with the aim of stimulating growth and","employment by refocusing on improving","competitiveness and employment creation.","Moreover, the conclusions welcome and","support the preparation by the","Commission, together with the Member","States, of a comprehensive programme of","technical assistance to Greece. This","Regulation contributes to those efforts to","enhance synergies."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"5","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-6","location":[["Proposal for a regulation","Recital 11"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(11) In order to facilitate the management","of Union funding, to help accelerate","investments in Member States and regions","and to improve the availability of funding","to the economy it is necessary to allow, in","justified cases, temporarily and without","prejudice to the 2014 to 2020","programming period, an increase of","interim payments from the European","Fisheries Fund by an amount","corresponding to ten percentage points","above the actual co-financing rate for each","priority axis for Member States which are","facing serious difficulties with respect to","their financial stability and which have","requested to benefit from this measure,","resulting in a corresponding reduction in","the national counterpart. Due to the","temporary nature of that increase and in","order to maintain the original co-","financing rates as the reference point for","calculation of the temporarily increased","amounts, the changes resulting from","application of the mechanism should not","be reflected in the financial plan included","in the operational programme. However,","it should be possible to update operational","programme in order to concentrate the","funds on competitiveness, growth and","employment and in order to align their","targets and objectives with the decrease of","total funding available."],"old":["(11) In order to facilitate the management","of Union funding, to help accelerate","investments in Member States and regions","and to improve the availability of funding","to the economy it is necessary to allow the","increase of interim payments from the","European Fisheries Fund by an amount","corresponding to ten percentage points","above the actual co-financing rate for each","priority axis for Member States which are","facing serious difficulties with respect to","their financial stability.",""],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"6","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-7","location":[[" Proposal for a regulation","Recital 11 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(11a) The Member State making a request","to the Commission to benefit from the","derogation under this Regulation should","clearly specify, in its request addressed to","the Commission, the date from which it","considers the derogation to be justified. In","its request, the Member State should","submit all the information necessary to","enable the Commission to establish by","means of data on the Member State's","macroeconomic and fiscal situation; that","resources for the national counterpart are","unavailable. It should also show that an","increase of payments resulting from the","granting of the derogation is necessary to","safeguard the continued implementation","of operational programmes and that the","absorption capacity problems persist even","if the maximum ceilings applicable to co-","financing rates laid down in Article 53(3)","are used. The Member State concerned","should also providethe reference to the","relevant Council Decision or other legal","act pursuant to which it is eligible for","benefit from the derogation. It is","necessary for the Commission to have a","sufficient period, starting from the","submission of the Member State's request,","in which to verify the correctness of the","information submitted andto raise any","objection. In order to make the derogation","effective and operational, there should be","a presumption that a Member State's","request is justified if the Commission does","not raise an objection. If the Commission","objects to the Member State request, it","should adopt a decision to this effect,","stating reasons."],"old":[""],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"7","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-8","location":[["Proposal for a regulation","Recital 12 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(12a) It is necessary to ensure that there is","appropriate reporting on the use of the","increased amounts made available to the","Member States benefiting from the","temporary increase in interim payments","under this Regulation."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"8","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-9","location":[[" Proposal for a regulation","Recital 13"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(13) After the end of the period during","which financial assistance has been made","available, the evaluations carried out in","accordance with Article 18(2) might need","to assess, inter alia, whether the reduction","of the national co-funding does not lead to","a significant departure from the goals","initially set. Such evaluation might lead to","the revision of the operational programme."],"old":["(13) After the end of the period during","which financial assistance has been made","available, the outcomes of evaluations","carried out in accordance with Article","18(2) might highlight the need to assess,","inter alia, whether the reduction of the","national co-funding does not lead to a","significant departure from the goals","initially set. Such evaluation might lead to","the revision of the operational programme."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"9","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-10","location":[[" Proposal for a regulation","Recital 14"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["deleted"],"old":["(14) Council Regulation (EC) No","Regulation (EC) No 1198/2006 of 27 July","2006 laying down general provisions on","the European Fisheries Fund should","therefore be amended accordingly."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"10","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-11","location":[[" Proposal for a regulation","Recital 15"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(15) As the unprecedented crisis affecting","international financial markets and the","economic donwturn which have seriously","damaged the financial stability of several","Member States necessitates a rapid","response in order to counter the effects on","the economy as a whole, this Regulation","should enter into force as soon as possible.","Given the exceptional circumstances of","the Member States concerned, it should","apply retroactively, starting either from","the budgetary year of 2010 or from the","starting day when the financial assistance","was made available, depending on the","requesting Member State's status, for the","periods during which the Member States","received financial assistance from the","Union or from other euro-area Member","States in order to address serious","difficulties with respect to their financial","stability,"],"old":["(15) As the unprecedented crisis affecting","","international financial markets and the","economic donwturn which have seriously","damaged the financial stability of several","Member States necessitates a rapid","response in order to counter the effects on","the economy as a whole, this Regulation","should enter into force as soon as possible","and apply retroactively for the periods","during which the Member States received","financial assistance from the Union or from","other euro-area Member States in order to","address serious difficulties with respect to","their financial stability,"],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"11","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-12","location":[["Proposal for a regulation","Recital 15 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:21"},"new":["(15a) Where a temporary increase in","interim payments is envisaged, that","temporary increase should also be","considered in the context of the budgetary","restraints facing all Member States, which","should be reflected appropriately in the","Union budget. In addition, since the main","purpose of the mechanism is to address","specific current difficulties, its application","should be limited in time. Therefore","application of the mechanism should start","on 1 January 2010 and its duration","should be limited until 31 December 2013."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"12","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-13","location":[[" Proposal for a regulation","Recital 15 b (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["(15b) Council Regulation (EC) No","Regulation (EC) No 1198/2006 of 27 July","2006 laying down general provisions on","the European Fisheries Fund1 should","therefore be amended accordingly.","______________","1","OJ L 223, 15.8.2006, p. 1."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"13","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-14","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1"],[" Regulation (EC) No Regulation (EC) No 1198/2006","Article 76 - paragraph 3 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["3 a. The increased interim payments","resulting from the application of","paragraph 3 shall be made available","within the shortest period of time to the","managing authority and shall only be","used for making payments in connection","with the implementation of the","operational programme."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"14","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-15","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 1"],["Regulation (EC) No Regulation (EC) No 1198/2006","Article 76 - paragraph 3 b (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["3 b. In the context of the annual reporting","in accordance with Article 67(1), the","Member States shall provide the","Commission with appropriate information","on the use of the derogation referred to in","Article 76(3) showing how the increased","amounts of support has contributed to the","promotion of competitiveness, growth and","jobs in the Member State concerned. This","information shall be taken into account","by the Commission in the preparation of","the annual reporting provided for by","Article 68(1)."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"15","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-16","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 1"],["Regulation (EC) No Regulation (EC) No 1198/2006","Article 77 - paragraph 2"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["2. By way of derogation from Article","53(3), at the request of a Member State,","payments of the final balance shall be","increased, by an amount corresponding to","ten percentage points above the co-","financing rate applicable to each priority","axis up to a maximum of one hundred per","cent, to be applied to the amount of eligible","public expenditure newly declared in each","certified statement of expenditure","submitted during the period in which a","Member State meets one of the conditions","laid down in points (a) to (c) of Article","76(3)."],"old":["2. By way of derogation from Article 53","(3), on the request of a Member State,","payments of the final balance may be","increased, by an amount corresponding to","ten percentage points above the co-","financing rate applicable to each priority","axis, to be applied to the amount of eligible","public expenditure newly declared in each","certified statement of expenditure","submitted during the period in which a","Member State meets one of the following","conditions:",""],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-17","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1"],[" Regulation (EC) No Regulation (EC) No 1198/2006","Article 77 - paragraph 2 - point a"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["deleted"],"old":["(a) financial assistance is made available","to it under Council Regulation (EC) No","407/2010 establishing a European","financial stabilisation mechanism or, is","made available by other euro-area","Member States before the entry into force","of that Regulation;"],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-18","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1"],[" Regulation (EC) No Regulation (EC) No 1198/2006","Article 77 - paragraph 2 - point b"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["deleted"],"old":["(b) medium-term financial assistance is","made available to it in accordance with","Council Regulation (EC) No 332/2002;"],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-19","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 1"],["Regulation (EC) No Regulation (EC) No 1198/2006","Article 77 - paragraph 2 - point c"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["deleted"],"old":["(c) financial assistance is made available","to it in accordance with the Treaty","establishing the European Stability","Mechanism signed on 11 July 2011."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-20","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 2"],["Regulation (EC) No Regulation (EC) No 1198/2006","Article 77 a (new) - paragraph 1"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["1. Notwithstanding Articles 76(3) and","77(2), the Union contribution through","interim payments and payments of the final","balance shall not be higher than the public","contribution and the maximum amount of","assistance from the Funds for each priority","axis and objective as laid down in the","decision of the Commission approving the","operational programme."],"old":["Notwithstanding Article 76 paragraph 3,","and Article 77 paragraph 2, the Union","contribution through interim payments and","payments of the final balance shall not be","higher than the public contribution and the","maximum amount of assistance from the","Funds for each priority axis and objective","as laid down in the decision of the","Commission approving the operational","programme."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-21","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 2"],[" Regulation (EC) No 1198/2006","Article 77 a (new) - paragraph 1 a (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["1a. The derogation referred to in Articles","76(3) and 77(2) shall be granted upon the","written request of a Member State","meeting one of the conditions mentioned","in points (a) to (c) of Article 76(3). The","request shall be submitted within two","months from the entry into force of this","Regulation or within two months from the","date on which a Member State meets one","of the conditions mentioned in Articles 76","(3) (a) to (c)."],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-22","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 2"],[" Regulation (EC) No 1198/2006","Article 77 a (new) - paragraph 1 b (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["1b. In its request submitted to the","Commission, the Member State shall","justify the necessity of the derogation","referred to in Articles 76(3) and 77(2), by","providing information necessary to","establish:","(a) by means of data on its","macroeconomic and fiscal situation, that","no resources for the national counterpart","are available;","(b) that an increase of payments referred","to in Articles 76(3) and 77(2) is necessary","to safeguard the continued","implementation of operational","programmes;","(c) that problems persist even if the","maximum ceilings applicable to co-","financing rates of Article 53(3) are used.","(d) that it fulfils one of the conditions","referred to in points (a) to (c) of Article","76(3), as justified by reference to a","Council Decision or other legal act ,as","well as the actual starting date from","which the financial assistance was made","available to the Member State.","The Commission shall verified whether","the information submitted justifies","granting a derogation. The Commission","shall raise any objection as to the","information submitted within 30 days","from the day of submission of the request.","If the Commission decides to object to the","Member State's request, the Commission","shall adopt a decision, to this effect and","shall state reasons.","If the Commission does not raise any","objection to the Member State's request,","that request shall be deemed to be","justified."],"old":[""],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-23","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 2"],["Regulation (EC) No 1198/2006","Article 77 a (new) - paragraph 1 c (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["1c. The Member State's request shall also","detail the intended use of the derogation,","provided for in Articles 76(3) and 77(2)","and shall give information about","complementary measures envisaged in","order to concentrate the funds on","competitiveness, growth and employment,","including, where appropriate, a","modification of operational programmes."],"old":[""],"orig_lang":"en","peid":"PE476.096v01-00","reference":"2011/0212(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-476.096+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Alain Cadec","changes":{},"committee":["PECH"],"date":"2011-11-28T00:00:00","id":"PE476.096-24","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 2"],[" Regulation (EC) No 1198/2006","Article 77 a (new) - paragraph 1 d (new)"]],"meps":[96849],"meta":{"created":"2019-07-03T05:47:22"},"new":["1d. 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PURPOSE: to help those Member States most\n affected by the financial crisis to continue their programmes on the ground\n funded by the European Fisheries Fund (EFF) so as to inject funds into the\n economy.
PROPOSED ACT: Regulation of the European\n Parliament and of the Council.
BACKGROUND: the deepening of the\n financial crisis in some of the Member States is affecting substantially the\n real economy due to the amount of debt and the difficulties encountered by\n Governments to borrow money from the market. In this context, the proper\n implementation of programmes funded by the EFF is of particular importance\n because it facilitates financial assistance to the real economy.
Nonetheless,\n the implementation of the programmes is often challenging as a result of the\n liquidity problems resulting from budget constraints. This is particularly\n the case for those Member States which have been most affected by the crisis\n and have received financial assistance under a programme from the European\n Financial Stabilisation Mechanism (EFSM) for the euro countries or from the\n Balance of Payments (BoP) mechanism for non euro countries.
To date, six countries have requested\n financial assistance under these mechanisms and have agreed with the Commission\n a macro-economic adjustment programme: Hungary, Romania, Latvia, Portugal, Greece and Ireland. These Member States (and indeed any other Member State which\n may be concerned in the future by such assistance programmes) should receive\n help to continue the implementation of the programmes funded by the EFF by\n increasing the sums allocated to the countries concerned for the period for\n which they are under the support mechanisms.
IMPACT ASSESSMENT: the proposal would\n allow the Commission to increase payments to the countries concerned, for the\n period they are under the support mechanisms.
LEGAL BASIS: Article 43(2) of the Treaty\n on the Functioning of the European Union (TFEU).
CONTENT: in order to ensure that these\n Member States continue the implementation of the EFF programmes on the ground\n and disburse funds to projects, the current proposal contains provisions that\n would allow the Commission to make increased payments to these countries,\n for the period they are under the support mechanisms.
It is proposed to amend Council\n Regulation (EC) No 1198/2006 on the European Fisheries Fund so as to enable\n the Commission to reimburse the newly declared expenditure for the period in\n question by an increased amount calculated by applying a 10 percentage point\n top-up of the applicable co-financing rates for the priority axis.
In applying the top-up, the co-financing\n rate of the programme cannot exceed by more than 10 percentage points the\n maximum ceilings of the EFF Regulation. In any case, contribution from the\n funds to the priority axis concerned cannot be higher than the amount\n mentioned in the Commission decision.
This will be a temporary measure which\n will be terminated once the Member State exits the support mechanism.
BUDGETARY IMPACT: there is no impact on\n commitment appropriations since no modification is proposed to the maximum\n amounts of the European Fisheries Fund financing provided for in the\n Operational Programmes for the programming period 2007-2013.
For payment appropriations in 2012, the\n proposal can result in a higher reimbursement to the Member States concerned.\n The additional payment appropriations for this proposal will imply an\n increase of payment appropriations (for 2012 approximately EUR 20 million)\n which will be compensated by the end of the programming period. Therefore,\n the total payment appropriations for the whole programming period remain\n unchanged.
The\n Commission will, in 2012, review the need for additional payment credits and\n if necessary propose the necessary actions to the Budgetary Authority.
\nThe Committee on Fisheries adopted the report by\nJoão FERREIRA (GUE/NGL, PT) on the proposal for a regulation\nof the European Parliament and of the Council amending Council\nRegulation (EC) No 1198/2006 on the European Fisheries Fund, as\nregards certain provisions relating to financial management for\ncertain Member States experiencing or threatened with serious\ndifficulties with respect to their financial stability.
\nThe committee recommends that Parliaments\nposition on first reading following the ordinary legislative\nprocedure should amend the Commission proposal as\nfollows:
\nDerogation: a Member\nState making a request to the Commission to benefit from the\nderogation allowing an increase in payments from the Fund must\nsubmit a written request to the Commission within two months\nfrom the entry into force of the Regulation or within two months\nfrom the date on which a Member State meets one of the conditions\nlaid down in the Regulation.
\nThe amended text states that the temporary increase in\ninterim payments should be considered in the context of the\nbudgetary restraints facing all Member States. In addition, since\nthe main purpose of the mechanism is to address specific current\ndifficulties, its application should be limited in time.\nTherefore application of the mechanism should start on 1 January\n2010 and its duration should be limited until 31 December\n2013.
\nIn a recital the committee specifies that as a result\nof the increase in payments there must be a corresponding\nreduction in the national counterpart. Due to the\ntemporary nature of that increase and in order to maintain the\noriginal co-financing rates as the reference point for calculation\nof the temporarily increased amounts, the changes resulting from\napplication of the mechanism should not be reflected in the\nfinancial plan included in the operational programmes. However, it\nshould be possible to update operational programme in order to\nconcentrate the funds on competitiveness, growth and employment and\nin order to align their targets and objectives with the decrease of\ntotal funding available.
\nPayment of final balance: an amendment states that payments of the final\nbalance shall be increased, by an amount\ncorresponding to ten percentage points above the co-financing rate\napplicable to each priority axis up to a maximum\nof 100%.
\nJustification for a derogation: the Member State making a request to the Commission\nto benefit from the derogation under the Regulation should clearly\nspecify, in its request, the date from which it considers the\nderogation to be justified. The Member State concerned should\nsubmit all the information necessary to enable the\nCommission to establish:
\n\n· \nby means of data on the Member State's\nmacroeconomic and fiscal situation, that resources for the national\ncounterpart are unavailable;
\n\n· \nthat an increase of payments resulting from the\ngranting of the derogation is necessary to safeguard the continued\nimplementation of operational programmes;
\n\n· \nthat the absorption capacity problems persist\neven if the maximum ceilings applicable to co-financing are\nused;
\n\n· \nthe reference to the relevant Council Decision\nor other legal act pursuant to which it is eligible to benefit from\nthe derogation.
\nThe Commission must examine and verify the\ncorrectness of the information submitted and raise any\nobjection. In order to make the derogation effective and\noperational, there should be a presumption that a Member State's\nrequest is justified if the Commission does not raise an objection.\nIf the Commission objects to the Member State request, it should\nadopt a decision to this effect, stating reasons.
\nThe Commission shall verify whether the information\nsubmitted justifies granting a derogation. It shall raise any\nobjection as to that information within 30 days from the day of\nsubmission of the request. If the Commission decides to object to\nthe Member State's request, the Commission shall adopt a decision,\nto this effect and shall state reasons. If the Commission does not\nraise an objection to the Member State's request, that request\nshall be deemed to be justified.
\nIntended use of the derogation: the Member State's request shall also detail the\nintended use of the derogation, and shall give information about\ncomplementary measures envisaged in order to concentrate the funds\non competitiveness, growth and employment, including, where\nappropriate, a modification of operational programmes.
\nThe increased interim payments shall be made available\nwithin the shortest period of time to the managing authority\nand shall only be used for making payments in connection with the\nimplementation of the operational programme.
\nRetroactive application:\nthe Regulation shall apply retroactively to the following Member\nStates: (i) in the cases of Ireland, Greece and Portugal, with\neffect from the day when the financial assistance was\nmade available to those Member States; (ii) in the cases of\nHungary, Latvia and Romania, with effect from 1 January\n2010.
\nThe European Parliament adopted by 617 votes to 19,\nwith 9 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council amending\nCouncil Regulation (EC) No 1198/2006 on the European Fisheries\nFund, as regards certain provisions relating to financial\nmanagement for certain Member States experiencing or threatened\nwith serious difficulties with respect to their financial\nstability.
\nParliament adopted it position at first reading\nfollowing the ordinary legislative procedure. The amendments\nadopted in plenary are the result of a compromise negotiated\nbetween the European Parliament and the Council. They amend the\nCommission proposal as follows:
\nTaking into account the future European Financial\nStability Mechanism: the resolution\nstipulates that the Regulation should already take into account the\nfuture European stability mechanism which will assume, by 2013, the\ntasks currently performed by the European Financial Stability\nFacility and the European Financial Stabilisation\nMechanism.
\nDerogation: a Member\nState making a request to the Commission to benefit from the\nderogation allowing an increase in payments from the Fund must\nsubmit a written request to the Commission within two months\nfrom the entry into force of the Regulation or within two months\nfrom the date on which a Member State meets one of the conditions\nlaid down in the Regulation.
\nThe amended text states that the temporary increase in\ninterim payments should be considered in the context of the\nbudgetary restraints facing all Member States. In addition, since\nthe main purpose of the mechanism is to address specific current\ndifficulties, its application should be limited in time.\nTherefore the application of the mechanism should start\non 1 January 2010 and its duration should be limited until 31\nDecember 2013.
\nIn a recital, it is specified that as a result of the\nincrease in payments there must be a corresponding reduction in\nthe national counterpart. Due to the temporary nature\nof that increase and in order to maintain the original co-financing\nrates as the reference point for calculation of the temporarily\nincreased amounts, the changes resulting from application of the\nmechanism should not be reflected in the financial plan included in\nthe operational programmes. However, it should be possible to\nupdate operational programme in order to concentrate the funds on\ncompetitiveness, growth and employment and in order to align their\ntargets and objectives with the decrease of total funding\navailable.
\nPayment of final balance: an amendment states that payments of the final\nbalance shall be increased, by an amount\ncorresponding to ten percentage points above the co-financing rate\napplicable to each priority axis up to a maximum\nof 100%.
\nJustification for a derogation: the Member State making a request to the Commission\nto benefit from the derogation under the Regulation should clearly\nspecify, in its request, the date from which it considers the\nderogation to be justified. The Member State concerned should\nsubmit all the information necessary to enable the\nCommission to establish:
\nThe Commission must examine and verify the\ncorrectness of the information submitted and raise any\nobjection. In order to make the derogation effective and\noperational, there should be a presumption that a Member State's\nrequest is justified if the Commission does not raise an objection.\nIf the Commission objects to the Member State request, it should\nadopt a decision to this effect, stating reasons.
\nThe Commission shall verify whether the information\nsubmitted justifies granting a derogation. It shall raise any\nobjection as to that information within 30 days from the day of\nsubmission of the request. If the Commission decides to object to\nthe Member State's request, the Commission shall adopt a decision,\nto this effect and shall state reasons. If the Commission does not\nraise an objection to the Member State's request, that request\nshall be deemed to be justified.
\nIntended use of the derogation: the Member State's request shall also detail the\nintended use of the derogation, and shall give information about\ncomplementary measures envisaged in order to concentrate the funds\non competitiveness, growth and employment, including, where\nappropriate, a modification of operational programmes.
\nThe increased interim payments shall be made available\nwithin the shortest period of time to the managing authority\nand shall only be used for making payments in connection with the\nimplementation of the operational programme.
\nRetroactive application:\nthe Regulation shall apply retroactively to the following Member\nStates: (i) in the cases of Ireland, Greece and Portugal, with\neffect from the day when the financial assistance was\nmade available to those Member States; (ii) in the cases of\nHungary, Latvia and Romania, with effect from 1 January\n2010.
\nPURPOSE: to help\nthose Member States most affected by the financial crisis to\ncontinue their programmes on the ground funded by the European\nFisheries Fund (EFF) so as to inject funds into the economy.
\nLEGISLATIVE ACT:\nRegulation (EU) No 387/2012 of the European Parliament and of the\nCouncil amending Council Regulation (EC) No 1198/2006 on the\nEuropean Fisheries Fund, as regards certain provisions relating to\nfinancial management for certain Member States experiencing or\nthreatened with serious difficulties with respect to their\nfinancial stability.
\nCONTENT: the\nCouncil adopted an amendment to regulation 1198/2006 on the\nEuropean fisheries fund (EFF), as regards certain provisions\nrelating to financial management for certain Member States\nexperiencing or threatened with serious difficulties with respect\nto their financial stability, following a first reading agreement\nwith the European Parliament.
\nThe unprecedented\nglobal financial crisis and the unprecedented economic downturn\nhave seriously damaged economic growth and financial stability and\nhave provoked a strong deterioration in financial and economic\nconditions in several Member States. In particular, certain Member\nStates are experiencing or are threatened with serious\ndifficulties, notably problems concerning their economic growth and\nfinancial stability and a deterioration in their deficit and debt\nposition, due to the international economic and financial\nenvironment.
\nThese provisions\ncover five Member States which have been most affected by the\ncrisis and have received financial assistance under a programme\nfrom the balance of payments mechanism for non-euro countries\n(Romania and Latvia) or from the European financial stabilisation\nmechanism (EFSM) for the euro countries (Portugal, Greece and\nIreland).
\nHigher\ncontribution rates: the Regulation will allow the Commission to\napprove higher contribution rates from the EU through the EFF for\nMember States facing serious difficulties with respect to the\nfinancial stability, for as long as they are under financial\nsupport mechanisms.
\nIn order to\nfacilitate the management of Union funding, to help accelerate\ninvestments in Member States and regions and to increase the impact\nof funding on the economy, the Regulation allows, in justified\ncases, temporarily and without prejudice to the 2014 to 2020\nprogramming period, an increase of interim payments from the\nEuropean Fisheries Fund by an amount corresponding to 10\npercentage points above the co-financing rate applicable for\neach priority axis for Member States that are facing serious\ndifficulties with respect to their financial stability and that\nhave requested to benefit from this measure, resulting in a\ncorresponding reduction in the national counterpart.
\n\nJustification: the Member State making a request to the\nCommission to benefit from a derogation under this Regulation\nshould:
\nVerification by\nthe Commission: the Commission shall verify whether the\ninformation submitted justifies granting a derogation. If the\nCommission decides to object to the Member States request, it\nshall, by means of implementing acts, adopt a decision to this\neffect and shall state reasons.
\nLimited\nduration: since the main purpose of the mechanism is to address\nspecific current difficulties, its application should be limited in\ntime. Therefore, the mechanism should start to apply on 1 January\n2010 and should operate for a limited period until 31 December\n2013.
\nThis regulation\nbelongs to a package of three regulations covering the same five\nMember States and concerning, in addition to the EFF, the European agriculture fund for rural\ndevelopment (EAFRD) and the structural and cohesion\nfunds.
\nENTRY INTO FORCE:\n16/05/2012. This Regulation shall apply retroactively to the\nfollowing Member States: (a) in the cases of Ireland, Greece and\nPortugal, with effect from the date when the financial assistance\nwas made available to those Member States; (b) in the cases of\nHungary, Latvia and Romania, with effect from 1 January 2010.
\nPURPOSE: to help those Member States most\n affected by the financial crisis to continue their programmes on the ground\n funded by the European Fisheries Fund (EFF) so as to inject funds into the\n economy.
PROPOSED ACT: Regulation of the European\n Parliament and of the Council.
BACKGROUND: the deepening of the\n financial crisis in some of the Member States is affecting substantially the\n real economy due to the amount of debt and the difficulties encountered by\n Governments to borrow money from the market. In this context, the proper\n implementation of programmes funded by the EFF is of particular importance\n because it facilitates financial assistance to the real economy.
Nonetheless,\n the implementation of the programmes is often challenging as a result of the\n liquidity problems resulting from budget constraints. This is particularly\n the case for those Member States which have been most affected by the crisis\n and have received financial assistance under a programme from the European\n Financial Stabilisation Mechanism (EFSM) for the euro countries or from the\n Balance of Payments (BoP) mechanism for non euro countries.
To date, six countries have requested\n financial assistance under these mechanisms and have agreed with the Commission\n a macro-economic adjustment programme: Hungary, Romania, Latvia, Portugal, Greece and Ireland. These Member States (and indeed any other Member State which\n may be concerned in the future by such assistance programmes) should receive\n help to continue the implementation of the programmes funded by the EFF by\n increasing the sums allocated to the countries concerned for the period for\n which they are under the support mechanisms.
IMPACT ASSESSMENT: the proposal would\n allow the Commission to increase payments to the countries concerned, for the\n period they are under the support mechanisms.
LEGAL BASIS: Article 43(2) of the Treaty\n on the Functioning of the European Union (TFEU).
CONTENT: in order to ensure that these\n Member States continue the implementation of the EFF programmes on the ground\n and disburse funds to projects, the current proposal contains provisions that\n would allow the Commission to make increased payments to these countries,\n for the period they are under the support mechanisms.
It is proposed to amend Council\n Regulation (EC) No 1198/2006 on the European Fisheries Fund so as to enable\n the Commission to reimburse the newly declared expenditure for the period in\n question by an increased amount calculated by applying a 10 percentage point\n top-up of the applicable co-financing rates for the priority axis.
In applying the top-up, the co-financing\n rate of the programme cannot exceed by more than 10 percentage points the\n maximum ceilings of the EFF Regulation. In any case, contribution from the\n funds to the priority axis concerned cannot be higher than the amount\n mentioned in the Commission decision.
This will be a temporary measure which\n will be terminated once the Member State exits the support mechanism.
BUDGETARY IMPACT: there is no impact on\n commitment appropriations since no modification is proposed to the maximum\n amounts of the European Fisheries Fund financing provided for in the\n Operational Programmes for the programming period 2007-2013.
For payment appropriations in 2012, the\n proposal can result in a higher reimbursement to the Member States concerned.\n The additional payment appropriations for this proposal will imply an\n increase of payment appropriations (for 2012 approximately EUR 20 million)\n which will be compensated by the end of the programming period. Therefore,\n the total payment appropriations for the whole programming period remain\n unchanged.
The\n Commission will, in 2012, review the need for additional payment credits and\n if necessary propose the necessary actions to the Budgetary Authority.
\nThe Committee on Fisheries adopted the report by\nJoão FERREIRA (GUE/NGL, PT) on the proposal for a regulation\nof the European Parliament and of the Council amending Council\nRegulation (EC) No 1198/2006 on the European Fisheries Fund, as\nregards certain provisions relating to financial management for\ncertain Member States experiencing or threatened with serious\ndifficulties with respect to their financial stability.
\nThe committee recommends that Parliaments\nposition on first reading following the ordinary legislative\nprocedure should amend the Commission proposal as\nfollows:
\nDerogation: a Member\nState making a request to the Commission to benefit from the\nderogation allowing an increase in payments from the Fund must\nsubmit a written request to the Commission within two months\nfrom the entry into force of the Regulation or within two months\nfrom the date on which a Member State meets one of the conditions\nlaid down in the Regulation.
\nThe amended text states that the temporary increase in\ninterim payments should be considered in the context of the\nbudgetary restraints facing all Member States. In addition, since\nthe main purpose of the mechanism is to address specific current\ndifficulties, its application should be limited in time.\nTherefore application of the mechanism should start on 1 January\n2010 and its duration should be limited until 31 December\n2013.
\nIn a recital the committee specifies that as a result\nof the increase in payments there must be a corresponding\nreduction in the national counterpart. Due to the\ntemporary nature of that increase and in order to maintain the\noriginal co-financing rates as the reference point for calculation\nof the temporarily increased amounts, the changes resulting from\napplication of the mechanism should not be reflected in the\nfinancial plan included in the operational programmes. However, it\nshould be possible to update operational programme in order to\nconcentrate the funds on competitiveness, growth and employment and\nin order to align their targets and objectives with the decrease of\ntotal funding available.
\nPayment of final balance: an amendment states that payments of the final\nbalance shall be increased, by an amount\ncorresponding to ten percentage points above the co-financing rate\napplicable to each priority axis up to a maximum\nof 100%.
\nJustification for a derogation: the Member State making a request to the Commission\nto benefit from the derogation under the Regulation should clearly\nspecify, in its request, the date from which it considers the\nderogation to be justified. The Member State concerned should\nsubmit all the information necessary to enable the\nCommission to establish:
\n\n· \nby means of data on the Member State's\nmacroeconomic and fiscal situation, that resources for the national\ncounterpart are unavailable;
\n\n· \nthat an increase of payments resulting from the\ngranting of the derogation is necessary to safeguard the continued\nimplementation of operational programmes;
\n\n· \nthat the absorption capacity problems persist\neven if the maximum ceilings applicable to co-financing are\nused;
\n\n· \nthe reference to the relevant Council Decision\nor other legal act pursuant to which it is eligible to benefit from\nthe derogation.
\nThe Commission must examine and verify the\ncorrectness of the information submitted and raise any\nobjection. In order to make the derogation effective and\noperational, there should be a presumption that a Member State's\nrequest is justified if the Commission does not raise an objection.\nIf the Commission objects to the Member State request, it should\nadopt a decision to this effect, stating reasons.
\nThe Commission shall verify whether the information\nsubmitted justifies granting a derogation. It shall raise any\nobjection as to that information within 30 days from the day of\nsubmission of the request. If the Commission decides to object to\nthe Member State's request, the Commission shall adopt a decision,\nto this effect and shall state reasons. If the Commission does not\nraise an objection to the Member State's request, that request\nshall be deemed to be justified.
\nIntended use of the derogation: the Member State's request shall also detail the\nintended use of the derogation, and shall give information about\ncomplementary measures envisaged in order to concentrate the funds\non competitiveness, growth and employment, including, where\nappropriate, a modification of operational programmes.
\nThe increased interim payments shall be made available\nwithin the shortest period of time to the managing authority\nand shall only be used for making payments in connection with the\nimplementation of the operational programme.
\nRetroactive application:\nthe Regulation shall apply retroactively to the following Member\nStates: (i) in the cases of Ireland, Greece and Portugal, with\neffect from the day when the financial assistance was\nmade available to those Member States; (ii) in the cases of\nHungary, Latvia and Romania, with effect from 1 January\n2010.
\nThe European Parliament adopted by 617 votes to 19,\nwith 9 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council amending\nCouncil Regulation (EC) No 1198/2006 on the European Fisheries\nFund, as regards certain provisions relating to financial\nmanagement for certain Member States experiencing or threatened\nwith serious difficulties with respect to their financial\nstability.
\nParliament adopted it position at first reading\nfollowing the ordinary legislative procedure. The amendments\nadopted in plenary are the result of a compromise negotiated\nbetween the European Parliament and the Council. They amend the\nCommission proposal as follows:
\nTaking into account the future European Financial\nStability Mechanism: the resolution\nstipulates that the Regulation should already take into account the\nfuture European stability mechanism which will assume, by 2013, the\ntasks currently performed by the European Financial Stability\nFacility and the European Financial Stabilisation\nMechanism.
\nDerogation: a Member\nState making a request to the Commission to benefit from the\nderogation allowing an increase in payments from the Fund must\nsubmit a written request to the Commission within two months\nfrom the entry into force of the Regulation or within two months\nfrom the date on which a Member State meets one of the conditions\nlaid down in the Regulation.
\nThe amended text states that the temporary increase in\ninterim payments should be considered in the context of the\nbudgetary restraints facing all Member States. In addition, since\nthe main purpose of the mechanism is to address specific current\ndifficulties, its application should be limited in time.\nTherefore the application of the mechanism should start\non 1 January 2010 and its duration should be limited until 31\nDecember 2013.
\nIn a recital, it is specified that as a result of the\nincrease in payments there must be a corresponding reduction in\nthe national counterpart. Due to the temporary nature\nof that increase and in order to maintain the original co-financing\nrates as the reference point for calculation of the temporarily\nincreased amounts, the changes resulting from application of the\nmechanism should not be reflected in the financial plan included in\nthe operational programmes. However, it should be possible to\nupdate operational programme in order to concentrate the funds on\ncompetitiveness, growth and employment and in order to align their\ntargets and objectives with the decrease of total funding\navailable.
\nPayment of final balance: an amendment states that payments of the final\nbalance shall be increased, by an amount\ncorresponding to ten percentage points above the co-financing rate\napplicable to each priority axis up to a maximum\nof 100%.
\nJustification for a derogation: the Member State making a request to the Commission\nto benefit from the derogation under the Regulation should clearly\nspecify, in its request, the date from which it considers the\nderogation to be justified. The Member State concerned should\nsubmit all the information necessary to enable the\nCommission to establish:
\nThe Commission must examine and verify the\ncorrectness of the information submitted and raise any\nobjection. In order to make the derogation effective and\noperational, there should be a presumption that a Member State's\nrequest is justified if the Commission does not raise an objection.\nIf the Commission objects to the Member State request, it should\nadopt a decision to this effect, stating reasons.
\nThe Commission shall verify whether the information\nsubmitted justifies granting a derogation. It shall raise any\nobjection as to that information within 30 days from the day of\nsubmission of the request. If the Commission decides to object to\nthe Member State's request, the Commission shall adopt a decision,\nto this effect and shall state reasons. If the Commission does not\nraise an objection to the Member State's request, that request\nshall be deemed to be justified.
\nIntended use of the derogation: the Member State's request shall also detail the\nintended use of the derogation, and shall give information about\ncomplementary measures envisaged in order to concentrate the funds\non competitiveness, growth and employment, including, where\nappropriate, a modification of operational programmes.
\nThe increased interim payments shall be made available\nwithin the shortest period of time to the managing authority\nand shall only be used for making payments in connection with the\nimplementation of the operational programme.
\nRetroactive application:\nthe Regulation shall apply retroactively to the following Member\nStates: (i) in the cases of Ireland, Greece and Portugal, with\neffect from the day when the financial assistance was\nmade available to those Member States; (ii) in the cases of\nHungary, Latvia and Romania, with effect from 1 January\n2010.
\nPURPOSE: to help\nthose Member States most affected by the financial crisis to\ncontinue their programmes on the ground funded by the European\nFisheries Fund (EFF) so as to inject funds into the economy.
\nLEGISLATIVE ACT:\nRegulation (EU) No 387/2012 of the European Parliament and of the\nCouncil amending Council Regulation (EC) No 1198/2006 on the\nEuropean Fisheries Fund, as regards certain provisions relating to\nfinancial management for certain Member States experiencing or\nthreatened with serious difficulties with respect to their\nfinancial stability.
\nCONTENT: the\nCouncil adopted an amendment to regulation 1198/2006 on the\nEuropean fisheries fund (EFF), as regards certain provisions\nrelating to financial management for certain Member States\nexperiencing or threatened with serious difficulties with respect\nto their financial stability, following a first reading agreement\nwith the European Parliament.
\nThe unprecedented\nglobal financial crisis and the unprecedented economic downturn\nhave seriously damaged economic growth and financial stability and\nhave provoked a strong deterioration in financial and economic\nconditions in several Member States. In particular, certain Member\nStates are experiencing or are threatened with serious\ndifficulties, notably problems concerning their economic growth and\nfinancial stability and a deterioration in their deficit and debt\nposition, due to the international economic and financial\nenvironment.
\nThese provisions\ncover five Member States which have been most affected by the\ncrisis and have received financial assistance under a programme\nfrom the balance of payments mechanism for non-euro countries\n(Romania and Latvia) or from the European financial stabilisation\nmechanism (EFSM) for the euro countries (Portugal, Greece and\nIreland).
\nHigher\ncontribution rates: the Regulation will allow the Commission to\napprove higher contribution rates from the EU through the EFF for\nMember States facing serious difficulties with respect to the\nfinancial stability, for as long as they are under financial\nsupport mechanisms.
\nIn order to\nfacilitate the management of Union funding, to help accelerate\ninvestments in Member States and regions and to increase the impact\nof funding on the economy, the Regulation allows, in justified\ncases, temporarily and without prejudice to the 2014 to 2020\nprogramming period, an increase of interim payments from the\nEuropean Fisheries Fund by an amount corresponding to 10\npercentage points above the co-financing rate applicable for\neach priority axis for Member States that are facing serious\ndifficulties with respect to their financial stability and that\nhave requested to benefit from this measure, resulting in a\ncorresponding reduction in the national counterpart.
\n\nJustification: the Member State making a request to the\nCommission to benefit from a derogation under this Regulation\nshould:
\nVerification by\nthe Commission: the Commission shall verify whether the\ninformation submitted justifies granting a derogation. If the\nCommission decides to object to the Member States request, it\nshall, by means of implementing acts, adopt a decision to this\neffect and shall state reasons.
\nLimited\nduration: since the main purpose of the mechanism is to address\nspecific current difficulties, its application should be limited in\ntime. Therefore, the mechanism should start to apply on 1 January\n2010 and should operate for a limited period until 31 December\n2013.
\nThis regulation\nbelongs to a package of three regulations covering the same five\nMember States and concerning, in addition to the EFF, the European agriculture fund for rural\ndevelopment (EAFRD) and the structural and cohesion\nfunds.
\nENTRY INTO FORCE:\n16/05/2012. This Regulation shall apply retroactively to the\nfollowing Member States: (a) in the cases of Ireland, Greece and\nPortugal, with effect from the date when the financial assistance\nwas made available to those Member States; (b) in the cases of\nHungary, Latvia and Romania, with effect from 1 January 2010.
\n