Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | PECH | CADEC Alain ( PPE), RODUST Ulrike ( S&D), BILBAO BARANDICA Izaskun ( ALDE), ROMEVA I RUEDA Raül ( Verts/ALE) | |
Committee Opinion | CONT | ||
Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
TFEU 043-p2
Legal Basis:
TFEU 043-p2Subjects
Events
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.
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.
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.
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
- Final act published in Official Journal: Regulation 2012/387
- Final act published in Official Journal: OJ L 129 16.05.2012, p. 0007
- Commission response to text adopted in plenary: SP(2012)323
- Draft final act: 00001/2012/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0074/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0447/2011
- Contribution: COM(2011)0484
- Amendments tabled in committee: PE476.096
- Contribution: COM(2011)0484
- Committee draft report: PE475.789
- Economic and Social Committee: opinion, report: CES1590/2011
- Legislative proposal published: COM(2011)0484
- Legislative proposal published: EUR-Lex
- Committee draft report: PE475.789
- Economic and Social Committee: opinion, report: CES1590/2011
- Amendments tabled in committee: PE476.096
- Draft final act: 00001/2012/LEX
- Commission response to text adopted in plenary: SP(2012)323
- Contribution: COM(2011)0484
- Contribution: COM(2011)0484
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- Alfredo ANTONIOZZI
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- Crescenzio RIVELLINI
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- Françoise GROSSETÊTE
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- Olga SEHNALOVÁ
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- Struan STEVENSON
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- Alf SVENSSON
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- Marita ULVSKOG
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- Åsa WESTLUND
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- Andrea ZANONI
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Amendments | Dossier |
31 |
2011/0212(COD)
2011/11/28
PECH
31 amendments...
Amendment 1 #
Proposal for a regulation Recital 8 (8) By Council Decisions 2009/102/EC of 4 November 2009, 2009/290/EC of 20 January 2009 and 2009/459/EC of 26
Amendment 10 #
Proposal for a regulation Recital 14 Amendment 11 #
Proposal for a regulation Recital 15 (15) As the unprecedented crisis affecting
Amendment 12 #
Proposal for a regulation Recital 15 a (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.
Amendment 13 #
Proposal for a regulation Recital 15 b (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.
Amendment 14 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No Regulation (EC) No 1198/2006 Article 76 - paragraph 3 a (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.
Amendment 15 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No Regulation (EC) No 1198/2006 Article 76 - paragraph 3 b (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).
Amendment 16 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No Regulation (EC) No 1198/2006 Article 77 - paragraph 2 2. By way of derogation from Article 53
Amendment 17 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No Regulation (EC) No 1198/2006 Article 77 - paragraph 2 - point a Amendment 18 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No Regulation (EC) No 1198/2006 Article 77 - paragraph 2 - point b Amendment 19 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No Regulation (EC) No 1198/2006 Article 77 - paragraph 2 - point c Amendment 2 #
Proposal for a regulation Recital 9 (9) The period during which the assistance is available
Amendment 20 #
Proposal for a regulation Article 1 – paragraph 2 Regulation (EC) No Regulation (EC) No 1198/2006 Article 77 a (new) - paragraph 1 1. Notwithstanding Articles 76
Amendment 21 #
Proposal for a regulation Article 1 – paragraph 2 Regulation (EC) No 1198/2006 Article 77 a (new) - paragraph 1 a (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).
Amendment 22 #
Proposal for a regulation Article 1 – paragraph 2 Regulation (EC) No 1198/2006 Article 77 a (new) - paragraph 1 b (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.
Amendment 23 #
Proposal for a regulation Article 1 – paragraph 2 Regulation (EC) No 1198/2006 Article 77 a (new) - paragraph 1 c (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.
Amendment 24 #
Proposal for a regulation Article 1 – paragraph 2 Regulation (EC) No 1198/2006 Article 77 a (new) - paragraph 1 d (new) 1d. The derogation provided for in Articles 76(3) and 77(2) shall not apply to statements of expenditure submitted after 31 December 2013."
Amendment 25 #
Proposal for a regulation Article 2 – paragraph 2 However, it shall apply retroactively to the following Member States: in the cases of Ireland, Greece and Portugal with effect from the
Amendment 26 #
Proposal for a regulation Article 2 – paragraph 2 – point a Amendment 27 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 28 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 29 #
Proposal for a regulation Article 2 – paragraph 2 – point d Amendment 3 #
Proposal for a regulation Recital 9 a (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.
Amendment 30 #
Proposal for a regulation Article 2 – paragraph 2 – point e Amendment 31 #
Proposal for a regulation Article 2 – paragraph 2 – point f Amendment 4 #
Proposal for a regulation Recital 10 (10) On 11 July 2011, finance ministers of the 17 euro-area Member States signed the Treaty establishing the European Stability Mechanism (ESM).
Amendment 5 #
Proposal for a regulation Recital 10 a (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.
Amendment 6 #
Proposal for a regulation Recital 11 (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
Amendment 7 #
Proposal for a regulation Recital 11 a (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.
Amendment 8 #
Proposal for a regulation Recital 12 a (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.
Amendment 9 #
Proposal for a regulation Recital 13 (13) After the end of the period during which financial assistance has been made available, the
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