BETA


2011/0212(COD) European Fisheries Fund (EFF): increased payments for certain Member States

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead PECH FERREIRA João (icon: GUE/NGL GUE/NGL) CADEC Alain (icon: PPE PPE), RODUST Ulrike (icon: S&D S&D), BILBAO BARANDICA Izaskun (icon: ALDE ALDE), ROMEVA I RUEDA Raül (icon: Verts/ALE Verts/ALE)
Committee Opinion BUDG
Committee Opinion CONT
Lead committee dossier:
Legal Basis:
TFEU 043-p2

Events

2012/05/16
   Final act published in Official Journal
Details

PURPOSE: to help those Member States most affected by the financial crisis to continue their programmes on the ground funded by the European Fisheries Fund (EFF) so as to inject funds into the economy.

LEGISLATIVE ACT: Regulation (EU) No 387/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability.

CONTENT: the Council adopted an amendment to regulation 1198/2006 on the European fisheries fund (EFF), as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability, following a first reading agreement with the European Parliament.

The unprecedented global financial crisis and the unprecedented economic downturn have seriously damaged economic growth and financial stability and have provoked a strong deterioration in financial and economic conditions in several Member States. In particular, certain Member States are experiencing or are threatened with serious difficulties, notably problems concerning their economic growth and financial stability and a deterioration in their deficit and debt position, due to the international economic and financial environment.

These provisions cover five Member States which have been most affected by the crisis and have received financial assistance under a programme from the balance of payments mechanism for non-euro countries (Romania and Latvia) or from the European financial stabilisation mechanism (EFSM) for the euro countries (Portugal, Greece and Ireland).

Higher contribution rates : the Regulation will allow the Commission to approve higher contribution rates from the EU through the EFF for Member States facing serious difficulties with respect to the financial stability, for as long as they are under financial support mechanisms.

In order to facilitate the management of Union funding, to help accelerate investments in Member States and regions and to increase the impact of funding on the economy, the Regulation allows, 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 10 percentage points above the co-financing rate applicable for each priority axis for Member States that are facing serious difficulties with respect to their financial stability and that have requested to benefit from this measure, resulting in a corresponding reduction in the national counterpart.

Justification : the Member State making a request to the Commission to benefit from a derogation under this Regulation 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 not available; 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.

Verification by the Commission : the Commission shall verify whether the information submitted justifies granting a derogation. If the Commission decides to object to the Member State’s request, it shall, by means of implementing acts, adopt a decision to this effect and shall state reasons.

Limited duration : since the main purpose of the mechanism is to address specific current difficulties, its application should be limited in time. Therefore, the mechanism should start to apply on 1 January 2010 and should operate for a limited period until 31 December 2013 .

This regulation belongs to a package of three regulations covering the same five Member States and concerning, in addition to the EFF, the European agriculture fund for rural development (EAFRD) and the structural and cohesion funds .

ENTRY INTO FORCE: 16/05/2012. This Regulation shall apply retroactively to the following Member States: (a) in the cases of Ireland, Greece and Portugal, with effect from the date when the financial assistance was made available to those Member States; (b) in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010.

2012/05/02
   EC - Commission response to text adopted in plenary
Documents
2012/04/19
   CSL - Draft final act
Documents
2012/04/19
   CSL - Final act signed
2012/04/19
   EP - End of procedure in Parliament
2012/03/22
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2012/03/22
   CSL - Council Meeting
2012/03/14
   EP - Results of vote in Parliament
2012/03/14
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 617 votes to 19, with 9 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability.

Parliament adopted it position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows:

Taking into account the future European Financial Stability Mechanism : the resolution stipulates that the Regulation should already take into account the future European stability mechanism which will assume, by 2013, the tasks currently performed by the European Financial Stability Facility and the European Financial Stabilisation Mechanism.

Derogation : a Member State making a request to the Commission to benefit from the derogation allowing an increase in payments from the Fund must submit a written request to the Commission within two months from the entry into force of the Regulation or within two months from the date on which a Member State meets one of the conditions laid down in the Regulation.

The amended text states that the temporary increase in interim payments should be considered in the context of the budgetary restraints facing all Member States. In addition, since the main purpose of the mechanism is to address specific current difficulties, its application should be limited in time. Therefore the application of the mechanism should start on 1 January 2010 and its duration should be limited until 31 December 2013.

In a recital, it is specified that as a result of the increase in payments there must be 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 programmes. 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.

Payment of final balance : an amendment states that 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 100% .

Justification for a derogation : the Member State making a request to the Commission to benefit from the derogation under the Regulation should clearly specify, in its request, the date from which it considers the derogation to be justified. The Member State concerned 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; that an increase of payments resulting from the granting of the derogation is necessary to safeguard the continued implementation of operational programmes; that the absorption capacity problems persist even if the maximum ceilings applicable to co-financing are used; the reference to the relevant Council Decision or other legal act pursuant to which it is eligible to benefit from the derogation.

The Commission must examine and verify the correctness of the information submitted and 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.

The Commission shall verify whether the information submitted justifies granting a derogation. It shall raise any objection as to that information 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 an objection to the Member State's request, that request shall be deemed to be justified.

Intended use of the derogation : the Member State's request shall also detail the intended use of the derogation, 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.

The increased interim payments 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.

Retroactive application : the Regulation shall apply retroactively to the following Member States: (i) in the cases of Ireland, Greece and Portugal, with effect from the day when the financial assistance was made available to those Member States; (ii) in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010.

Documents
2012/03/13
   EP - Debate in Parliament
2011/12/21
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Fisheries adopted the report by João FERREIRA (GUE/NGL, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability.

The committee recommends that Parliament’s position on first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Derogation : a Member State making a request to the Commission to benefit from the derogation allowing an increase in payments from the Fund must submit a written request to the Commission within two months from the entry into force of the Regulation or within two months from the date on which a Member State meets one of the conditions laid down in the Regulation.

The amended text states that the temporary increase in interim payments should be considered in the context of the budgetary restraints facing all Member States. 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.

In a recital the committee specifies that as a result of the increase in payments there must be 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 programmes. 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.

Payment of final balance : an amendment states that 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 100% .

Justification for a derogation : the Member State making a request to the Commission to benefit from the derogation under the Regulation should clearly specify, in its request, the date from which it considers the derogation to be justified. The Member State concerned 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;

· that an increase of payments resulting from the granting of the derogation is necessary to safeguard the continued implementation of operational programmes;

· that the absorption capacity problems persist even if the maximum ceilings applicable to co-financing are used;

· the reference to the relevant Council Decision or other legal act pursuant to which it is eligible to benefit from the derogation.

The Commission must examine and verify the correctness of the information submitted and 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.

The Commission shall verify whether the information submitted justifies granting a derogation. It shall raise any objection as to that information 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 an objection to the Member State's request, that request shall be deemed to be justified.

Intended use of the derogation : the Member State's request shall also detail the intended use of the derogation, 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.

The increased interim payments 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.

Retroactive application : the Regulation shall apply retroactively to the following Member States: (i) in the cases of Ireland, Greece and Portugal, with effect from the day when the financial assistance was made available to those Member States; (ii) in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010.

Documents
2011/12/20
   EP - Vote in committee, 1st reading/single reading
2011/12/12
   IT_SENATE - Contribution
Documents
2011/11/28
   EP - Amendments tabled in committee
Documents
2011/11/15
   PT_PARLIAMENT - Contribution
Documents
2011/10/27
   EP - Committee draft report
Documents
2011/10/27
   ESC - Economic and Social Committee: opinion, report
Documents
2011/09/26
   EP - FERREIRA João (GUE/NGL) appointed as rapporteur in PECH
2011/09/13
   EP - Committee referral announced in Parliament, 1st reading/single reading
2011/08/01
   EC - Legislative proposal published
Details

PURPOSE: to help those Member States most affected by the financial crisis to continue their programmes on the ground funded by the European Fisheries Fund (EFF) so as to inject funds into the economy.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: the deepening of the financial crisis in some of the Member States is affecting substantially the real economy due to the amount of debt and the difficulties encountered by Governments to borrow money from the market. In this context, the proper implementation of programmes funded by the EFF is of particular importance because it facilitates financial assistance to the real economy.

Nonetheless, the implementation of the programmes is often challenging as a result of the liquidity problems resulting from budget constraints. This is particularly the case for those Member States which have been most affected by the crisis and have received financial assistance under a programme from the European Financial Stabilisation Mechanism (EFSM) for the euro countries or from the Balance of Payments (BoP) mechanism for non euro countries.

To date, six countries have requested financial assistance under these mechanisms and have agreed with the Commission a macro-economic adjustment programme: Hungary, Romania, Latvia, Portugal, Greece and Ireland. These Member States (and indeed any other Member State which may be concerned in the future by such assistance programmes) should receive help to continue the implementation of the programmes funded by the EFF by increasing the sums allocated to the countries concerned for the period for which they are under the support mechanisms.

IMPACT ASSESSMENT: the proposal would allow the Commission to increase payments to the countries concerned, for the period they are under the support mechanisms.

LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: in order to ensure that these Member States continue the implementation of the EFF programmes on the ground and disburse funds to projects, the current proposal contains provisions that would allow the Commission to make increased payments to these countries, for the period they are under the support mechanisms .

It is proposed to amend Council Regulation (EC) No 1198/2006 on the European Fisheries Fund so as to enable the Commission to reimburse the newly declared expenditure for the period in question by an increased amount calculated by applying a 10 percentage point top-up of the applicable co-financing rates for the priority axis.

In applying the top-up, the co-financing rate of the programme cannot exceed by more than 10 percentage points the maximum ceilings of the EFF Regulation. In any case, contribution from the funds to the priority axis concerned cannot be higher than the amount mentioned in the Commission decision.

This will be a temporary measure which will be terminated once the Member State exits the support mechanism.

BUDGETARY IMPACT: there is no impact on commitment appropriations since no modification is proposed to the maximum amounts of the European Fisheries Fund financing provided for in the Operational Programmes for the programming period 2007-2013.

For payment appropriations in 2012, the proposal can result in a higher reimbursement to the Member States concerned. The additional payment appropriations for this proposal will imply an increase of payment appropriations (for 2012 approximately EUR 20 million) which will be compensated by the end of the programming period. Therefore, the total payment appropriations for the whole programming period remain unchanged.

The Commission will, in 2012, review the need for additional payment credits and if necessary propose the necessary actions to the Budgetary Authority.

Documents

Activities

AmendmentsDossier
31 2011/0212(COD)
2011/11/28 PECH 31 amendments...
source: PE-476.096

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2012-03-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120313&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
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  • date: 2011-10-27T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1590)(documentyear:2011)(documentlanguage:EN) title: CES1590/2011 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2011-11-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE476.096 title: PE476.096 type: Amendments tabled in committee body: EP
  • date: 2012-04-19T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00001/2012/LEX type: Draft final act body: CSL
  • date: 2012-05-02T00:00:00 docs: url: /oeil/spdoc.do?i=21053&j=0&l=en title: SP(2012)323 type: Commission response to text adopted in plenary
  • date: 2011-12-12T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0484 title: COM(2011)0484 type: Contribution body: IT_SENATE
  • date: 2011-11-15T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0484 title: COM(2011)0484 type: Contribution body: PT_PARLIAMENT
events
  • date: 2011-08-01T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0484/COM_COM(2011)0484_EN.pdf title: COM(2011)0484 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=484 title: EUR-Lex summary: PURPOSE: to help those Member States most affected by the financial crisis to continue their programmes on the ground funded by the European Fisheries Fund (EFF) so as to inject funds into the economy. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the deepening of the financial crisis in some of the Member States is affecting substantially the real economy due to the amount of debt and the difficulties encountered by Governments to borrow money from the market. In this context, the proper implementation of programmes funded by the EFF is of particular importance because it facilitates financial assistance to the real economy. Nonetheless, the implementation of the programmes is often challenging as a result of the liquidity problems resulting from budget constraints. This is particularly the case for those Member States which have been most affected by the crisis and have received financial assistance under a programme from the European Financial Stabilisation Mechanism (EFSM) for the euro countries or from the Balance of Payments (BoP) mechanism for non euro countries. To date, six countries have requested financial assistance under these mechanisms and have agreed with the Commission a macro-economic adjustment programme: Hungary, Romania, Latvia, Portugal, Greece and Ireland. These Member States (and indeed any other Member State which may be concerned in the future by such assistance programmes) should receive help to continue the implementation of the programmes funded by the EFF by increasing the sums allocated to the countries concerned for the period for which they are under the support mechanisms. IMPACT ASSESSMENT: the proposal would allow the Commission to increase payments to the countries concerned, for the period they are under the support mechanisms. LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: in order to ensure that these Member States continue the implementation of the EFF programmes on the ground and disburse funds to projects, the current proposal contains provisions that would allow the Commission to make increased payments to these countries, for the period they are under the support mechanisms . It is proposed to amend Council Regulation (EC) No 1198/2006 on the European Fisheries Fund so as to enable the Commission to reimburse the newly declared expenditure for the period in question by an increased amount calculated by applying a 10 percentage point top-up of the applicable co-financing rates for the priority axis. In applying the top-up, the co-financing rate of the programme cannot exceed by more than 10 percentage points the maximum ceilings of the EFF Regulation. In any case, contribution from the funds to the priority axis concerned cannot be higher than the amount mentioned in the Commission decision. This will be a temporary measure which will be terminated once the Member State exits the support mechanism. BUDGETARY IMPACT: there is no impact on commitment appropriations since no modification is proposed to the maximum amounts of the European Fisheries Fund financing provided for in the Operational Programmes for the programming period 2007-2013. For payment appropriations in 2012, the proposal can result in a higher reimbursement to the Member States concerned. The additional payment appropriations for this proposal will imply an increase of payment appropriations (for 2012 approximately EUR 20 million) which will be compensated by the end of the programming period. Therefore, the total payment appropriations for the whole programming period remain unchanged. The Commission will, in 2012, review the need for additional payment credits and if necessary propose the necessary actions to the Budgetary Authority.
  • date: 2011-09-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-12-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2011-12-21T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-447&language=EN title: A7-0447/2011 summary: The Committee on Fisheries adopted the report by João FERREIRA (GUE/NGL, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability. The committee recommends that Parliament’s position on first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Derogation : a Member State making a request to the Commission to benefit from the derogation allowing an increase in payments from the Fund must submit a written request to the Commission within two months from the entry into force of the Regulation or within two months from the date on which a Member State meets one of the conditions laid down in the Regulation. The amended text states that the temporary increase in interim payments should be considered in the context of the budgetary restraints facing all Member States. 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. In a recital the committee specifies that as a result of the increase in payments there must be 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 programmes. 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. Payment of final balance : an amendment states that 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 100% . Justification for a derogation : the Member State making a request to the Commission to benefit from the derogation under the Regulation should clearly specify, in its request, the date from which it considers the derogation to be justified. The Member State concerned 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; · that an increase of payments resulting from the granting of the derogation is necessary to safeguard the continued implementation of operational programmes; · that the absorption capacity problems persist even if the maximum ceilings applicable to co-financing are used; · the reference to the relevant Council Decision or other legal act pursuant to which it is eligible to benefit from the derogation. The Commission must examine and verify the correctness of the information submitted and 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. The Commission shall verify whether the information submitted justifies granting a derogation. It shall raise any objection as to that information 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 an objection to the Member State's request, that request shall be deemed to be justified. Intended use of the derogation : the Member State's request shall also detail the intended use of the derogation, 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. The increased interim payments 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. Retroactive application : the Regulation shall apply retroactively to the following Member States: (i) in the cases of Ireland, Greece and Portugal, with effect from the day when the financial assistance was made available to those Member States; (ii) in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010.
  • date: 2012-03-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120313&type=CRE title: Debate in Parliament
  • date: 2012-03-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21053&l=en title: Results of vote in Parliament
  • date: 2012-03-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-74 title: T7-0074/2012 summary: The European Parliament adopted by 617 votes to 19, with 9 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability. Parliament adopted it position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council. They amend the Commission proposal as follows: Taking into account the future European Financial Stability Mechanism : the resolution stipulates that the Regulation should already take into account the future European stability mechanism which will assume, by 2013, the tasks currently performed by the European Financial Stability Facility and the European Financial Stabilisation Mechanism. Derogation : a Member State making a request to the Commission to benefit from the derogation allowing an increase in payments from the Fund must submit a written request to the Commission within two months from the entry into force of the Regulation or within two months from the date on which a Member State meets one of the conditions laid down in the Regulation. The amended text states that the temporary increase in interim payments should be considered in the context of the budgetary restraints facing all Member States. In addition, since the main purpose of the mechanism is to address specific current difficulties, its application should be limited in time. Therefore the application of the mechanism should start on 1 January 2010 and its duration should be limited until 31 December 2013. In a recital, it is specified that as a result of the increase in payments there must be 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 programmes. 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. Payment of final balance : an amendment states that 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 100% . Justification for a derogation : the Member State making a request to the Commission to benefit from the derogation under the Regulation should clearly specify, in its request, the date from which it considers the derogation to be justified. The Member State concerned 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; that an increase of payments resulting from the granting of the derogation is necessary to safeguard the continued implementation of operational programmes; that the absorption capacity problems persist even if the maximum ceilings applicable to co-financing are used; the reference to the relevant Council Decision or other legal act pursuant to which it is eligible to benefit from the derogation. The Commission must examine and verify the correctness of the information submitted and 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. The Commission shall verify whether the information submitted justifies granting a derogation. It shall raise any objection as to that information 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 an objection to the Member State's request, that request shall be deemed to be justified. Intended use of the derogation : the Member State's request shall also detail the intended use of the derogation, 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. The increased interim payments 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. Retroactive application : the Regulation shall apply retroactively to the following Member States: (i) in the cases of Ireland, Greece and Portugal, with effect from the day when the financial assistance was made available to those Member States; (ii) in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010.
  • date: 2012-03-22T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2012-04-19T00:00:00 type: Final act signed body: CSL
  • date: 2012-04-19T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2012-05-16T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to help those Member States most affected by the financial crisis to continue their programmes on the ground funded by the European Fisheries Fund (EFF) so as to inject funds into the economy. LEGISLATIVE ACT: Regulation (EU) No 387/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability. CONTENT: the Council adopted an amendment to regulation 1198/2006 on the European fisheries fund (EFF), as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability, following a first reading agreement with the European Parliament. The unprecedented global financial crisis and the unprecedented economic downturn have seriously damaged economic growth and financial stability and have provoked a strong deterioration in financial and economic conditions in several Member States. In particular, certain Member States are experiencing or are threatened with serious difficulties, notably problems concerning their economic growth and financial stability and a deterioration in their deficit and debt position, due to the international economic and financial environment. These provisions cover five Member States which have been most affected by the crisis and have received financial assistance under a programme from the balance of payments mechanism for non-euro countries (Romania and Latvia) or from the European financial stabilisation mechanism (EFSM) for the euro countries (Portugal, Greece and Ireland). Higher contribution rates : the Regulation will allow the Commission to approve higher contribution rates from the EU through the EFF for Member States facing serious difficulties with respect to the financial stability, for as long as they are under financial support mechanisms. In order to facilitate the management of Union funding, to help accelerate investments in Member States and regions and to increase the impact of funding on the economy, the Regulation allows, 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 10 percentage points above the co-financing rate applicable for each priority axis for Member States that are facing serious difficulties with respect to their financial stability and that have requested to benefit from this measure, resulting in a corresponding reduction in the national counterpart. Justification : the Member State making a request to the Commission to benefit from a derogation under this Regulation 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 not available; 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. Verification by the Commission : the Commission shall verify whether the information submitted justifies granting a derogation. If the Commission decides to object to the Member State’s request, it shall, by means of implementing acts, adopt a decision to this effect and shall state reasons. Limited duration : since the main purpose of the mechanism is to address specific current difficulties, its application should be limited in time. Therefore, the mechanism should start to apply on 1 January 2010 and should operate for a limited period until 31 December 2013 . This regulation belongs to a package of three regulations covering the same five Member States and concerning, in addition to the EFF, the European agriculture fund for rural development (EAFRD) and the structural and cohesion funds . ENTRY INTO FORCE: 16/05/2012. This Regulation shall apply retroactively to the following Member States: (a) in the cases of Ireland, Greece and Portugal, with effect from the date when the financial assistance was made available to those Member States; (b) in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010. docs: title: Regulation 2012/387 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0387 title: OJ L 129 16.05.2012, p. 0007 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:129:TOC
other
  • body: EC dg: url: http://ec.europa.eu/dgs/maritimeaffairs_fisheries/ title: Maritime Affairs and Fisheries commissioner: DAMANAKI Maria
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  • name: European Economic and Social Committee
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Rules of Procedure of the European Parliament EP 150
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Rules of Procedure EP 150
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PECH/7/06703
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  • PECH/7/06703
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0387
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https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0387
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Regulation
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  • Regulation
  • Amending Regulation (EC) No 1198/2006 2004/0169(CNS)
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Old
  • 3.15.16 Financial Instrument for Fisheries Guidance (FIFG), European Fisheries Fund (EFF)
  • 8.70 Budget of the Union
  • 8.70.03 Budgetary control and discharge, implementation of the budget
New
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Financial Instrument for Fisheries Guidance (FIFG), European Fisheries Fund (EFF)
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Budget of the Union
8.70.03
Budgetary control and discharge, implementation of the budget
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  • Amending Regulation (EC) No 1198/2006
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CELEX:52011PC0484:EN
activities/0/docs/0/celexid
CELEX:52011PC0484:EN
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PreLex
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EUR-Lex
activities
  • date: 2011-08-01T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0484/COM_COM(2011)0484_EN.pdf title: COM(2011)0484 type: Legislative proposal published celexid: CELEX:52011PC0484:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/maritimeaffairs_fisheries/ title: Maritime Affairs and Fisheries Commissioner: DAMANAKI Maria
  • date: 2011-09-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: PPE name: CADEC Alain group: S&D name: RODUST Ulrike group: ALDE name: BILBAO BARANDICA Izaskun group: Verts/ALE name: ROMEVA I RUEDA Raül responsible: True committee: PECH date: 2011-09-26T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: FERREIRA João
  • date: 2011-12-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: PPE name: CADEC Alain group: S&D name: RODUST Ulrike group: ALDE name: BILBAO BARANDICA Izaskun group: Verts/ALE name: ROMEVA I RUEDA Raül responsible: True committee: PECH date: 2011-09-26T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: FERREIRA João
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-447&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0447/2011 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: PPE name: CADEC Alain group: S&D name: RODUST Ulrike group: ALDE name: BILBAO BARANDICA Izaskun group: Verts/ALE name: ROMEVA I RUEDA Raül responsible: True committee: PECH date: 2011-09-26T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: FERREIRA João date: 2011-12-21T00:00:00
  • date: 2012-03-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120313&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2012-03-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21053&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-74 type: Decision by Parliament, 1st reading/single reading title: T7-0074/2012 body: EP type: Results of vote in Parliament
  • date: 2012-03-22T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3156
  • date: 2012-03-22T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2012-04-19T00:00:00 body: CSL type: Final act signed
  • date: 2012-04-19T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2012-05-16T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0387 title: Regulation 2012/387 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:129:TOC title: OJ L 129 16.05.2012, p. 0007
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  • body: EP responsible: False committee_full: Budgets committee: BUDG
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP shadows: group: PPE name: CADEC Alain group: S&D name: RODUST Ulrike group: ALDE name: BILBAO BARANDICA Izaskun group: Verts/ALE name: ROMEVA I RUEDA Raül responsible: True committee: PECH date: 2011-09-26T00:00:00 committee_full: Fisheries rapporteur: group: GUE/NGL name: FERREIRA João
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/maritimeaffairs_fisheries/ title: Maritime Affairs and Fisheries commissioner: DAMANAKI Maria
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Mandatory consultation of other institutions
Economic and Social Committee
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Procedure completed
summary
Amending Regulation (EC) No 1198/2006
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Regulation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
European Fisheries Fund (EFF): increased payments for certain Member States
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject