Awaiting Parliament 1st reading / single reading / budget 1st stage
2016/0282(COD) Financial rules applicable to the general budget of the Union: simplification
Lead committee dossier: CJ13/8/09028
Legal Basis RoP 055, TFEU 042-p1, TFEU 043-p2, TFEU 046, TFEU 149, TFEU 153-p2-a1, TFEU 164, TFEU 168-p4, TFEU 172, TFEU 175-p3, TFEU 177-p1, TFEU 178-p1, TFEU 189, TFEU 209-p1, TFEU 212, TFEU 322-p2, TFEU 349-p1sub1-as1
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFET | CRISTEA Andi (S&D) | |
| Opinion | AGRI | DESS Albert (EPP) | |
| Lead | BUDG | GRÄSSLE Ingeborg (EPP), ASHWORTH Richard (ECR) | SARVAMAA Petri (EPP), AYALA SENDER Inés (S&D), MAŇKA Vladimír (S&D), ALI Nedzhmi (ALDE), NÍ RIADA Liadh (GUE/NGL), STAES Bart (Verts/ALE), TARAND Indrek (Verts/ALE), VALLI Marco (EFD) |
| Lead | CONT | GRÄSSLE Ingeborg (EPP), ASHWORTH Richard (ECR) | SARVAMAA Petri (EPP), AYALA SENDER Inés (S&D), MAŇKA Vladimír (S&D), ALI Nedzhmi (ALDE), NÍ RIADA Liadh (GUE/NGL), STAES Bart (Verts/ALE), TARAND Indrek (Verts/ALE), VALLI Marco (EFD) |
| Opinion | DEVE | MCAVAN Linda (S&D) | |
| Opinion | EMPL | LAVRILLEUX Jérôme (EPP) | |
| Opinion | ENVI | ||
| Opinion | ITRE | BUZEK Jerzy (EPP) | |
| Opinion | JURI | GUTELAND Jytte (S&D) | |
| Opinion | LIBE | VIOTTI Daniele (S&D) | |
| Opinion | PECH | ITURGAIZ Carlos (EPP) | |
| Opinion | REGI | KREHL Constanze (S&D) | |
| Opinion | TRAN | VAN DE CAMP Wim (EPP) |
Legal Basis RoP 055, TFEU 042-p1, TFEU 043-p2, TFEU 046, TFEU 149, TFEU 153-p2-a1, TFEU 164, TFEU 168-p4, TFEU 172, TFEU 175-p3, TFEU 177-p1, TFEU 178-p1, TFEU 189, TFEU 209-p1, TFEU 212, TFEU 322-p2, TFEU 349-p1sub1-as1
Subjects
Activites
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2017/06/08
Committee report tabled for plenary, 1st reading/single reading
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A8-0211/2017
summary
The Committee on Budgets, in conjunction with the Committee on Budgetary Control, adopted the report drawn up by Ingeborg GRÄSSLE (EPP, DE) and Richard ASHWORTH (ECR, UK) on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union. The Committees on Employment and Social Affairs, Industry, Research and Energy, Transport and Tourism, Regional Development and Agriculture and Rural Development, exercising their prerogatives as associated committees in accordance with Article 54 of the Rules of Procedure, also gave their opinions on the report. The Commission proposed, in a single text, a revision of the general financial rules accompanied by corresponding amendments to the sectoral financial rules contained in 15 legislative acts on multiannual programmes. The committee recommended that the European Parliament's position adopted at first reading in accordance with the ordinary legislative procedure should amend the Commission proposal. The amendments concern in particular the following points: Timetable: Members regretted the fact that deadlines for the examination of the proposal do not allow appropriate consideration of the opinions of the European Parliament and of the Council. They also regretted that the proposal under consideration was not preceded by an impact assessment and suggested an amendment in order to ensure that future major amendments to the Financial Regulation are accompanied by an impact assessment. Performance: Members suggest integrating performance more into spending decisions. Performance should be described on the basis of the achievement of objectives and the direct application of the principle of sound financial management. Without seeking to prejudge the relevance of the programme concerned, there should be a link between objectives set and performance, indicators, results, additionality and economy, efficiency and effectiveness in the use of appropriations. Transparency: communication should be more targeted at recipients, aimed at increasing visibility for citizens, while ensuring through defined-measures that the messages are received by beneficiaries. The utmost transparency regarding data on beneficiaries should be sought, without prejudice to the rules on the protection of personal data. Horizontal principles: the report stressed that horizontal principles, i.e. partnership involvement, sustainable development, gender equality and non-discrimination, have generated important contributions to effective implementation of ESI Funds and should be upheld as forerunners for any kind of investment involving the Union budget, including financial instruments and EFSI. Simplification in favour of recipients of EU funds: Member States should increasingly make use of simplified cost options and of ‘single lump sum’ financing in order to make the associated administration less burdensome and to simplify the rules governing the allocation of funds. Union public procurement should ensure the efficient, transparent and appropriate use of Union funds while reducing the administrative burden on recipients of Union funding and on managing authorities. Audits and controls: these should focus more on beneficiaries who represent a high risk for the Union budget, taking into account past irregularities. Non-profit rule: whereas the Commission intends to abolish the non-profit rule, Members proposed to retain it. The non-profit rule should be seen as one of the main instruments to avoid misuse of the public money. Audit: in line with the principle of sound financial management, additional safeguards should be put in place for cross-reliance on audits. The Commission should therefore preserve the right of audit if necessary. In addition, funds and projects should be audited when EU funds account for more than 50 % of the funding. Trust funds: Members considered it too early to extend the scope of Union trust funds to internal actions on the grounds that these funds can significantly change the budgets adopted by the European Parliament and the Council and carry the risk of using funds from financing instruments for purposes not foreseen in the basic acts establishing those instruments. Blending facilities: this should promote a wide mix of contributions from national and EU budgets or private investors in order to optimise the use of available resources and attract as much private investment as possible and follow a well-defined and transparent governance process. Reports: Members proposed a number of changes to the reporting requirements. They aim to streamline reporting requirements, reduce the number of reports and ensure that budget authorities have sufficient time to prepare the discharge.
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A8-0211/2017
summary
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2017/05/30
Committee decision to open interinstitutional negotiations with report adopted in committee
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2017/05/30
Vote in committee, 1st reading/single reading
- #3529
- 2017/04/03 Council Meeting
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2017/01/19
Referral to associated committees announced in Parliament
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2016/11/21
Committee referral announced in Parliament, 1st reading/single reading
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2016/09/14
Legislative proposal published
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COM(2016)0605
summary
PURPOSE: to revise the financial rules applicable to the general budget of the Union in the aim of simplification. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the Commission considers that simpler and more flexible EU financial rules are key in enhancing EU budget’s ability to adapt to changing circumstances and to respond to unexpected developments. Over the last 30 years, the number of general financial rules contained in the Financial Regulation has increased sharply. In addition, a number of sectoral financial rules have emerged: the rules for participation to the Framework Programme for Research and Innovation, the Common Provisions to the European Structural and Investment Funds and the Common Implementing Rules for the External Action. Users of EU funds have repeatedly complained about the proliferation of rules both at general and at sectoral level, their heterogeneity and their complexity making it costly and prone to errors. A first step towards more coherent and simpler financial rules was achieved in 2012, however, there is room for further simplification. This is confirmed by the experience gained since 2014 and by the work of the High Level Group of Independent Experts on Monitoring Simplification for Beneficiaries of the European Structural and Investment Funds. The Commission proposed that efforts must continue in order to remove bottlenecks, ensure synergies and complementarities between ESI Funds and the other EU funds and improve efficiency of delivery and control requirements. Simpler and more flexible financial rules will contribute to optimising spending and impact of the MFF 2014-2020 and constitute as such one of the key elements of the Commission's initiative for a Budget Focused on Results (BFOR). CONTENT: this legislative proposal forms an integral part of the mid-term review/revision of the multiannual financial framework (MFF) 2014-2020. It contributes to two of its main objectives: simplification and flexibility. It paves the way for the preparation of the next generation of spending programmes (post-2020). The Commission therefore proposes in a single act an ambitious revision of the general financial rules accompanied by corresponding changes to the sectorial financial rules set out in 15 legislative acts concerning multiannual programmes: (1) Simplification for recipients of EU funds: many measures aim at simplifying life for recipients of EU funds. They relate to: (i) grants; (ii) simpler rules for "contribution in kind" valuation; (iii) recognition of volunteer work; (iv) grant awards without calls for proposal under specific conditions; (v) simplified forms of grants; (vi) removal of the non-cumulative award check for low-value grants and of the non-profit principle. (2) From multiple layers of controls to cross reliance on audit, assessment or authorisation, and harmonisation of reporting requirements: the aim of these measures is to encourage reliance as far as possible on one single audit, assessment or authorisation (conformity to State aids for instance), when the audit, assessment or authorisation meets the necessary conditions to be taken into account in the EU system. More generally, in order to avoid multiple layers of controls, rules for implementing partners (international organisations, EIB/EIF, national promotional banks, national agencies, NGOs) will be simplified by relying increasingly on their procedures and policies once assessed positively. (3) Allowing the application of only one set of rules to hybrid actions or in the case of combination of measures or instruments: the proposal aims at achieving further simplification for the partners of the EU by a number of measures to avoid the parallel application of different rules and procedures, notably through facilitating the combination of European Structural and Investment Funds (ESIF) funding with financial instruments and the European Fund for Strategic Investments (EFSI). (4) More effective use of financial instruments: (i) optimise use of reflows; (ii) ensuring a level playing field among key EU implementing partners; (iii) reducing burdensome requirements related to publication of individual data of final recipients or to the exclusion criteria. (5) More flexible budget management: the proposal sets out several ways for more budgetary flexibility, in order to allow the Union to respond to unforeseen challenges and new tasks more effectively and to achieve swifter crisis management - among which: the creation of a "flexibility cushion" for unforeseen needs and new crises in the external actions geographic instruments budget; a more efficient activation of the solidarity and globalization adjustment funds, and the extension of Trust-Funds to internal policies; the creation of a EU crisis reserve with the reuse of decommitted appropriations; the creation of a common provisioning fund holding the resources provisioned for financial operations. (6) Focus on results and streamlining of reporting: the proposal includes a series of measures aimed at focusing better the budget on results, establishing a clear performance framework, enhancing transparency and streamlining reporting. (7) Simpler and leaner EU administration: the proposal provides for a series of simplification measures aims at allowing the EU institutions to work more efficiently, notably by implementing jointly administrative appropriations to achieve economies of scale. (8) Providing possibility for citizen engagement: the proposal provides a possibility for citizens to be consulted on the implementation of the Union budget by the Commission, Member States and any other entity implementing the Union budget.
- DG {'url': 'http://ec.europa.eu/info/departments/budget_en', 'title': 'Budget'}, KING Julian
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COM(2016)0605
summary
Documents
- Legislative proposal published: COM(2016)0605
- Debate in Council: 3529
- Committee report tabled for plenary, 1st reading/single reading: A8-0211/2017
| Amendments | Dossier |
| 1364 |
2016/0282(COD)
2017/03/06
PECH
4 amendments...
Amendment 1 #
Proposal for a regulation Recital 1 a (new) (1 a) In order to ensure an appropriate debate between Parliament and the Council, more adequate deadlines should have been allowed for discussion of the Commission's proposal.
Amendment 2 #
Proposal for a regulation Recital 178 a (new) (178 a) The transfer of ESI Funds allocations to instruments established under the Financial Regulation or under sector specific Regulations shall never, in any case, jeopardise the adequate implementation of sectorial policies by promoting the use of financial instruments.
Amendment 3 #
In order to promote best practices in the implementation of the Structural Funds, the Cohesion Fund, the European Agricultural Fund for Rural Development, the EAGF and the European Fisheries Fund, the Commission may, for information purposes, make available a methodological guide setting out its own control strategy and approach, including checklists, and best practice examples to bodies responsible for management and control activities. That guide shall be updated whenever necessary. The delivery of the national and sub- national programmes requires a comprehensive national and sub-national Management and Control System (MCS) of all financial commitments, based on a close collaboration between the national and any sub-national management authority and the Commission. The Commission shall report annually and publish interim evaluations.
Amendment 4 #
Proposal for a regulation Article 62 – paragraph 8 a (new) 8 a. In order for the specific and appropriate policy and measures to be determined, the Commission shall promote the preparation of regional operational programmes in accordance with the principles of proportionality and subsidiarity and taking into account regional competences.
source: 600.921
2017/03/13
TRAN
272 amendments...
Amendment 10 #
Proposal for a regulation Recital 3 (3) The fundamental budgetary principles should be maintained. Derogations from those fundamental principles for specific areas such as research, external actions and structural funds should be reviewed and simplified as far as possible, taking into account their continuing relevance, their added-value for the budget, and the burden they impose on stakeholders. In particular, the Structural Funds should be able to be used in joint financing mechanisms to enable a project of high European added value in the field of transport infrastructure to be carried out in all categories of region including the most developed regions and transition regions.
Amendment 100 #
Proposal for a regulation Article 201 – paragraph 3 3. Where ESI funds financial instruments are implemented
Amendment 101 #
Proposal for a regulation Article 201 – paragraph 3 3. Where financial instruments are implemented under shared implementation with Member States, sector specific rules apply
Amendment 102 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 1 Where financial instruments are combined within a single agreement with complementary support from the Union budget,
Amendment 103 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Amendment 104 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Where a financial instrument is established for the purpose of implementing Article 39 of Regulation (EU) No 1303/2013with a contribution from a budgetary guarantee of the Union, th
Amendment 105 #
Proposal for a regulation Article 208 – paragraph 3 3. The Commission shall ensure a harmonised and simplified management of financial instruments in particular in the area of accounting, reporting, monitoring and financial risk management.
Amendment 106 #
Proposal for a regulation Article 210 Amendment 107 #
Proposal for a regulation Article 262 – paragraph 1 – point 2 Regulation (EC) No 2012/2002 Article 4 – paragraph 4 4.
Amendment 108 #
Proposal for a regulation Article 264 – paragraph 1 – point 1 Regulation (EU) No 1301/2013 Article 3 – paragraph 1 – point e “investment in the development of endogenous potential through fixed investment in equipment and small-scale infrastructure, including small-scale cultural and sustainable tourism
Amendment 109 #
Proposal for a regulation Article 264 – paragraph 1 – point b Regulation (EU) No 1301/2013 Article 3 – paragraph 1 – point e “investment in the development of endogenous potential through fixed investment in equipment and infrastructure, including cultural and sustainable tourism infrastructure with no major restrictions, services to enterprises, support to research and innovation bodies and investment in technology and applied research in enterprises;”
Amendment 11 #
Proposal for a regulation Recital 22 (22) The name and the locality of the recipient and the amount and the purpose of the funds should not be published
Amendment 110 #
Proposal for a regulation Article 264 – paragraph 1 – point 1 a (new) Regulation (EU) No 1301/2013 Article 3 – paragraph 1 – subparagraph 1 a (new) Amendment 111 #
Proposal for a regulation Article 264 – paragraph 1 – point 2 Regulation (EU) No 1301/2013 Article 5 – paragraph 9 – point e Amendment 112 #
Proposal for a regulation Article 264 – paragraph 1 – point 2 Regulation (EU) No 1301/2013 Article 5 – paragraph 9 – point e (e) “(e) supporting the reception and social and economic integration of migrants with regular status, asylum seekers and refugees”
Amendment 113 #
Proposal for a regulation Article 264 – paragraph 1 – point 3 Regulation (EU) No 1301/2013 Annex I – table on Social infrastructure and Urban Development specific indicators Amendment 114 #
Proposal for a regulation Article 264 – paragraph 1 – point 3 Regulation (EU) No 1301/2013 Annex I – table on Social infrastructure 3. In the table of Annex I, the text starting with “Social infrastructure” until the end of the table is replaced by the following: “Social infrastructure Childcare & education persons Capacity of supported childcare or educational infrastructure
Amendment 115 #
Proposal for a regulation Article 265 – paragraph 1 – point 1 – point a a (new) Regulation (EU) No 1301/2013 Article 2 – point 11 a (new) (aa) The following point 11a is inserted: (11a) ‘repayable advance’ means a loan for a project which is paid in one or more instalments and the conditions for the reimbursement of which depend on the outcome of the project;
Amendment 116 #
Proposal for a regulation Article 265 – paragraph 1 – point 1 – point a a (new) Regulation (EU) No 1301/2013 Article 2 – point 11 a (new) (a) The following point 11a is inserted: “(11a) ‘repayable advance’ means a loan for a project which is paid in one or more instalments and the conditions for the reimbursement of which depend on the outcome of the project;
Amendment 117 #
Proposal for a regulation Article 265 – paragraph 1 – point 1 – point b Regulation (EU) No 1303/2013 Article 2 – point 31 (31) ‘macroregional strategy’ means an integrated framework endorsed by the European Council, which may be supported by the ESI Funds among others, to address common challenges faced by a
Amendment 118 #
Proposal for a regulation Article 265 – paragraph 1 – point 4 Regulation (EU) No 1303/2013 Article 9 – subparagraph 2a Amendment 119 #
Proposal for a regulation Article 265 – paragraph 1 – point 4 Regulation (EU) No 1303/2013 Article 9 – subparagraph 2a “The priorities established for each of the ESI Funds in the Fund specific rules shall in particular cover the appropriate use of each Fund in the areas of migration and asylum, in particular in relation to the reception of asylum seekers and the participation in the corrective allocation mechanism under the Dublin Regluation.”
Amendment 12 #
Proposal for a regulation Recital 138 a (new) (138a) In order to meet international commitments and Union targets, it is crucial to make a comprehensive move towards a low-carbon economy. There is an immediate need, therefore, to renew the allocation criteria of different Union funds in order to foster the decarbonisation and energy-efficiency measures in different sectors and guarantee that those funds will not be allocated to projects which do not comply with CO2 reduction targets or policies of the Union. The Commission should carry out a comprehensive, cross-sectorial study of the impact of funding granted from the Union budget or otherwise pursuant to Union law on the mitigation of climate change. The Commission should present to the European Parliament and the Council a report of the findings of that study which should be accompanied, if appropriate, by legislative proposals aimed at discontinuing any Union funding which is not compatible with the CO2 reduction targets or policies of the Union. This should include the proposal of a mandatory ex-ante climate compatibility check which applies to every new Union investment from 2020 and the obligation to make the results public in a transparent and accessible way.
Amendment 120 #
Proposal for a regulation Article 265 – paragraph 1 – point 5 a (new) Regulation (EU) No 1303/2013 Chapter IV – heading Amendment 121 #
Proposal for a regulation Article 265 – paragraph 1 – point 5 a (new) Regulation (EU) No 1303/2013 Article 23 5a. Article 23 is deleted.
Amendment 122 #
Proposal for a regulation Article 265 – paragraph 1 – point 5 b (new) Regulation (EU) No 1303/2013 Article 23a Amendment 123 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Regulation (EU) No 1303/2013 Article 30a Amendment 124 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Regulation (EU) No 1303/2013 Article 30a Amendment 125 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Regulation (EU) No 1303/2013 Article 30a Amendment 126 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Regulation (EU) No 1303/2013 Article 30a Amendment 127 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Amendment 128 #
Proposal for a regulation Article 265 – paragraph 1 – point 8 – point a Regulation (EU) No 1303/2013 Article 34 – paragraph 3 – point a (a) building the capacity of local actors to develop and implement operationsincluding fostering their project management capabilities, and buiding the capacity of potential final beneficiaries to prepare and implement the projects;
Amendment 129 #
Proposal for a regulation Article 265 – paragraph 1 – point 8 – point f Regulation (EU) No 1303/2013 Article 34 – paragraph 3 – point f (f) selecting operations and fixing the amount of support and, where relevant, presenting the proposals to the body responsible for final verification of eligibility before approval;
Amendment 13 #
Proposal for a regulation Recital 152 a (new) (12a) The financing of the EIB's guarantee fund under the EFSI is provided by the EU budget. The EIB should therefore be able to intervene systematically to provide first loss guarantees in the joint financing mechanisms for operations already supported by the EU budget (CEF, EFSI, etc.) in order to allow and facilitate additionality and the participation of private co-investors.
Amendment 130 #
Proposal for a regulation Article 265 – paragraph 1 – point 8 – point f Regulation (EU) No 1303/2013 Article 34 – paragraph 3 – point f (f) selecting operations and fixing the amount of support and, where relevant, presenting the proposals to the body responsible for final verification of eligibility before approval;
Amendment 131 #
Proposal for a regulation Article 265 – paragraph 1 – point 8 Regulation (EU) No 1303/2013 Article 34 – paragraph 3 – point aa (aa) ensuring visibility of the strategy, operations and projects;
Amendment 132 #
Proposal for a regulation Article 265 – paragraph 1 – point 10 – point a “(c) an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient (expected leverage effect), including as appropriate an assessment of the need for, and
Amendment 133 #
Proposal for a regulation Article 265 – paragraph 1 – point 10 - point b a (new) Regulation (EU) No 1303/2013 Article 37 – paragraph 8 (ba) paragraph 8 is replaced by the following: “8. Final recipients supported by an ESI Fund financial instrument may also receive assistance from another ESI Funds priority or programme or from another instrument supported by the budget of the Union or from the European Fund for Strategic Investments, in accordance with applicable Union State aid rules. In that case, separate records shall be maintained for each source of assistance and the ESI Funds financial instrument support shall
Amendment 134 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point a Regulation (EU) No 1303/2013 Article 38 – paragraph 1 – point c Amendment 135 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point a Regulation (EU) No 1303/2013 Article 38 – paragraph 1 – point c Amendment 136 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point a Regulation (EU) No 1303/2013 Article 38 – paragraph 1 – point c “(c) financial instruments
Amendment 137 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point a Regulation (EU) No 1303/2013 Article 38 – paragraph 1 – point c ‘(c) financial instruments allowing for the combination of such contribution with EIB financial products and those of other financial institutions such as those referred to in Article 38(4)(b) under the European Fund for Strategic Investment.’
Amendment 138 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii (iii) a publicly-owned bank or
Amendment 139 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – point b – point iii – indent 1 – there is no direct private capital participation, with the exception of non- controlling
Amendment 14 #
Proposal for a regulation Recital 178 a (new) (178a) The transfer of ESI Funds allocations to instruments established under the Financial Regulation or under sector-specific Regulations should never be used to jeopardise the adequate implementation of sectorial policies;
Amendment 140 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point iii Regulation (EU) No 1303/2013 Article 38 – paragraph 1 – subparagraph 1 – point b – point iii – indent 1 – there is no direct private capital participation, with the exception of non- controlling
Amendment 141 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 1a – does not conduct retail banking transactions on a commercial basis which can direct benefit from this direct entrustment;
Amendment 142 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 2 – operates under a public policy mandate given by the relevant authority of a Member State at national or regional level, to carry out as part of its operations, economic development activities contributing to the objectives of the ESI Funds, for which implementing tasks have been assigned;
Amendment 143 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 2 – operates under a public policy mandate given by the relevant authority of a Member State at national or regional level,
Amendment 144 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – carries out its activities including development
Amendment 145 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 3 – carries out its economic development activities contributing to the objectives of the ESI Funds in regions, policy areas and sectors for which access to funding from market sources is not generally available or sufficient;
Amendment 146 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 3 – carries out
Amendment 147 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 4 –
Amendment 148 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 4 – operates
Amendment 149 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 4 –
Amendment 15 #
Proposal for a regulation Recital 239 (239) In order to increase the efficiency of the intervention, a blending facility or blending facilities may be established under the Connecting Europe Facility (CEF). Such blending facilities should finance blending operations which are actions combining non-reimbursable forms of support and/or financial instruments from the Union budget, including combination of CEF equity and CEF debt financial instruments, and financing from EIB Group (including EIB financing under EFSI) development or other finance institutions as well as investors. These funds should be closely monitored, in particular by European, national and regional courts of auditors, to ensure that they do not lead to the introduction of a system of privatisation of profits and socialisation of losses to the detriment of European taxpayers. Any such funding should be the subject of an independent study upstream to determine the usefulness of the projects.
Amendment 150 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 5 –
Amendment 151 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 5 –
Amendment 152 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 6 – is subject to the supervision of an independent authority or national audit court in accordance with national law.
Amendment 153 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i Regulation (EU) No 1303/2013 Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 6 – is subject to the supervision of an independent authority in accordance with
Amendment 154 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point ii “When implementing the financial instrument, the bodies referred to in points (a) to (d) of the first subparagraph shall
Amendment 155 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point ii “When implementing the financial instrument, the bodies referred to in points (a)to (d) of the first subparagraph shall
Amendment 156 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point ii “When implementing the financial instrument, the bodies referred to in points (a)to (d) of the first subparagraph shall
Amendment 157 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point d a (new) Regulation (EU) No 1303/2013 Article 38 – paragraph 9 a (new) (da) The following paragraph 9a is added: “9a. Notwithstanding Articles 70 and 93(1), contributions pursuant to paragraph 1 of this Article may be used for the purpose of giving rise to new debt and equity finance in the entire territory of the Member State without regard to the categories of region, unless otherwise provided for in the funding agreement.”
Amendment 158 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a Amendment 159 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a Amendment 16 #
Proposal for a regulation Recital 239 (239) In order to increase the efficiency of the intervention, a blending facility or blending facilities may be established under the Connecting Europe Facility (CEF), once an independent evaluation of the EFSI and its effects on the transport sector has been carried out and provided that that evaluation demonstrates that that fund has contributed to achieving the Union's objectives on decarbonisation, job creation and cross-border connectivity. Such blending facilities should finance blending operations which are
Amendment 160 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a - title Contribution of ESI Funds to financial instruments
Amendment 161 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 1 1. Member States may use ESI Funds to provide a contribution to financial instruments referred to in point (c) of Article 38(1) provided it has the aim to attract additional private sector investment and continues to contribute to ESI Funds objectives and the Union strategy for smart, sustainable and inclusive growth.
Amendment 162 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 1 1. M
Amendment 163 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 1 1. Member States may use ESI Funds to provide directly or indirectly a contribution to financial instruments referred to in point (c) of Article 38(1) to attract additional private sector investment.
Amendment 164 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 1 a (new) 1a. When a Member State decides to provide such a contribution to financial instruments, the leverage and profitable effects of the financial instrument shall be in the territory of the respective Member State and its regions;
Amendment 165 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 2 2. The contribution referred to in
Amendment 166 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 2 2. The contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients. In the less developed and transition regions referred to in point (b), (c) and (d) of Article 120(3), the financial contribution may exceed 25% where duly justified by the ex-ante assessment or preparatory assessment undertaken by the EIB under paragraph 3 of this Article, but shall not exceed 50%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and
Amendment 167 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 2 2. The contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients. In the less developed regions referred to in point (b) of Article 120(3), the financial contribution may exceed 25% where duly justified by the
Amendment 168 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 2 2. The contribution referred to in paragraph 1 shall not exceed
Amendment 169 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 4 4. Reporting by managing authorities
Amendment 17 #
Proposal for a regulation Recital 239 (239) In order to increase the efficiency of the intervention, a blending facility or blending facilities may be established under the Connecting Europe Facility (CEF). Such blending facilities should finance blending operations which are actions combining non-reimbursable forms of support and/or financial instruments from the Union budget, including combination of CEF equity and CEF debt
Amendment 170 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 4 4. Reporting by managing authorities under Article 46 on operations comprising financial instruments under this Article shall be based on the information kept by the EIB for the purposes of its reporting pursuant to Article 16(1) and (2) of the EFSI Regulation, supplemented by the additional information required under Article 46(2). Requirements under this paragraph shall allow for uniform reporting conditions in accordance with Article 46(3) of this Regulation.
Amendment 171 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 5 – point b (b) entrust implementation tasks to a
Amendment 172 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 6 6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph
Amendment 173 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 6 6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular
Amendment 174 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 6 6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 of this article shall
Amendment 175 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 6 6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 and 5 of this article shall ensure compliance with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those
Amendment 176 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 7 7. The bodies referred to in paragraph 2 and 5 of this Article, when implementing funds of funds, may further entrust part of the implementation to financial intermediaries provided that those bodies ensure under their responsibility that the financial intermediaries satisfy the criteria laid down in Articles 201(4) and 202(1) and (2) of the Financial Regulation. The financial
Amendment 177 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 7 7. The bodies referred to in paragraph
Amendment 178 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 8 8. Where managing authorities or another entity contribute ESI Funds programme resources
Amendment 179 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 8 8. Where managing authorities or other entities contribute ESI Funds programme resources to an existing instrument under point (c) of Article 38(1), the fund manager of which has already been selected by the EIB, international financial institutions in which a Member State is a shareholder, or a publicly-owned bank or financial institution, established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under Article 38(4)(b)(iii), they shall entrust implementation tasks to this fund manager through the award of a direct contract.
Amendment 18 #
Proposal for a regulation Recital 240 (240) A blending facility under CEF should aim to enhance the multiplier effect of Union spending by attracting additional resources from private investors. In addition, it should ensure that the actions supported become economically and financially viable. However, the public authorities concerned should be careful not to abandon the financing of strategic infrastructure on the pretext of profitability;
Amendment 180 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 8 8. Where, for the purpose of implementing financial instruments referred to under point (c) of Article 38(1), managing authorities contribute ESI Funds programme resources to an existing instrument
Amendment 181 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 12 12. In case of financial instruments referred to in point (c) of Article 38(1) which take the form of a guarantee instrument, Member States may decide that ESI Funds may contribute to junior and/or mezzanine tranches of portfolios of loans covered also under the EFSI’s Union guarantee. Leverage and returns resulting from such contributions shall be used in accordance with the objectives of the respective ESI Funds to support actions and final recipients consistent with the programme(s) from which such contributions are made.
Amendment 182 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 13 13. For the ERDF, the ESF, the Cohesion Fund and the EMFF, a separate priority, and for the EAFRD, a separate type of operation, with a co-financing rate according to the determination of co- financing rates in article 120(3) with a drop down of up to 1
Amendment 183 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a – paragraph 14 14. Notwithstanding Articles 70 and
Amendment 184 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point a Regulation (EU) No 1303/2013 Article 40 – paragraph 1 – subparagraph 1 The authorities designated in accordance with Article 124 of this Regulation and with Article 65 of the EAFRD Regulation shall not carry out
Amendment 185 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point a Regulation (EU) No 1303/2013 Article 40 – paragraph 1 – subparagraph 2 However, the designated authorities
Amendment 186 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point a Regulation (EU) No 1303/2013 Article 40 – paragraph 1 – subparagraph 3 The EIB or other international financial institutions in which a Member State is a shareholder by 30 April shall provide to the designated authorities control and performance reports with each application for payment and level of reimbursement to final recipients in the previous year. They shall also provide to the Commission and to the designated authorities an annual audit report drawn up by the external auditors of these bodies.
Amendment 187 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point a The Commission shall be empowered to adopt an implementing act concerning the models for the control reports and the annual audit reports of the
Amendment 188 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point a Regulation (EU) No 1303/2013 Article 40 – paragraph 2 – subparagraph 2 The bodies responsible for the audit of the programmes
Amendment 189 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point a Regulation (EU) No 1303/2013 Article 40 – paragraph 2 – subparagraph 3 a (new) The European Court of Auditors shall carry out performance audits of the EIB or other financial institutions in which a member States is a shareholder for financial instruments implemented by them which involve EU budget resources;
Amendment 19 #
Proposal for a regulation Recital 240 (240) A blending facility under CEF should aim to enhance the multiplier effect of Union spending by attracting additional resources from private investors. In addition, it should ensure that the actions supported become economically and
Amendment 190 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point -a (new) Regulation (EU) No 1303/2013 Article 40 – paragraph 4 a (new) aa) the following paragraph 4a is inserted: ‘4a. Given the financial instruments are repayable, their management procedures must be flexible and proportionate. Proof that the financial instruments are used for the purposes envisaged shall be limited to advance verification by the financial intermediary of the eligibility of the beneficiary and his project in line with the conditions relating to the financial instrument in question. No other invoice or receipt shall be requested from the beneficiary once the financing has been approved, except in the case of suspected of fraud. The control procedures as laid down in the Regulation shall ensure an appropriate level of ex post control.’
Amendment 191 #
Proposal for a regulation Article 265 – paragraph 1 – point 14 – point b Regulation (EU) No 1303/2013 Article 40 – paragraph 5a – point b (b) where the irregularity that gives rise to the cancellation of the contribution is detected at the level of the financial intermediary within a fund of funds,
Amendment 192 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 Regulation (EU) No 1303/2013 Article 41 – paragraph 1 – subparagraph 1 – introductory part Amendment 193 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 a (new) Regulation (EU) No 1303/2013 Article 41 – paragraph 1 – point b 15a. In Article 41, paragraph 1, point b is replaced by the following: “(b) each application for interim payment referred to in point (a) of this paragraph may include up to 25 % or up to 50% in case of multiple financial intermediaries fund if duly justified, of the total amount of the national co-financing as referred to in Article 38(9) expected to be paid to the financial instrument, or at the level of final recipients for expenditure in the meaning of points (a), (b) and (d) of Article 42(1), within the eligibility period;
Amendment 194 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 a (new) Regulation (EU) No 1303/2013 Article 41 – paragraph 1 – point c Amendment 195 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 b (new) Regulation (EU) No 1303/2013 Article 41 – paragraph 1 – point c – point i Amendment 196 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 c (new) Regulation (EU) No 1303/2013 Article 41 – paragraph 1 – point c – point ii 15c. In Article 41, paragraph 1, point c, point ii is replaced by the following: “(ii) for the third and subsequent applications for interim payment, when at least 85 % or at least 60 % and in case of multiple financial intermediaries fund if duly justified of the amounts included in the previous applications for interim payments have been spent as eligible expenditure
Amendment 197 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 d (new) Regulation (EU) No 1303/2013 Article 41 – paragraph 2 15d. In Article 41, paragraph 2 is replaced by the following: “2. As regards financial instruments referred to in point (b) of Article 38(1) implemented in accordance with point (
Amendment 198 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 a (new) Regulation (EU) No 1303/2013 Article 41 – paragraph 2 a (new) 15a. In Article 41, the following paragraph 2a is added: “2a. By way of derogation from Article 131(2): (a) expenditure in the meaning of points (a), (b) and (c) of Article 42(1), included in the applications for interim payments and for payment of the final balance need not be supported by receipted invoices or accounting documents of equivalent probative value at the level of final recipient; (b) expenditure in the meaning of point (d) of Article 42(1) concerning management fees, included the applications for interim payments and for payment of the final balance need not be supported by receipted invoices or accounting documents of equivalent probative value. Without prejudice to point (a) of this paragraph, the managing authority shall ensure that requirements set out in article 40(5) of this regulation are met.”
Amendment 199 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 a (new) Regulation (EU) No 1303/2013 Article 42 – paragraph 3 – subparagraph 1 15a. In Article 42, in paragraph 3, the first subparagraph is replaced by the following: In the case of equity-based instruments targeting enterprises referred to in Article
Amendment 20 #
Proposal for a regulation Recital 240 a (new) 20a. In the context of this blending under the CEF and noting that the financing of the EIB guarantee fund under the EFSI is provided by the EU budget, the EIB should be able to intervene systematically to provide first loss guarantees in these mechanisms in order to allow and facilitate additionality and the participation of private co- investors.
Amendment 200 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 a (new) Regulation (EU) No 1303/2013 Article 42 – paragraph 3 – subparagraph 1 15a. In Article 42, paragraph 3, the first subparagraph is replaced by the following: “ In the case of equity-based instruments targeting enterprises referred to in Article 37(4) for which the funding agreement referred to in point (b) of Article 38(7) was signed before 31 December 201
Amendment 201 #
Proposal for a regulation Article 265 – paragraph 1 – point 15 b (new) Regulation (EU) No 1303/2013 Article 42 – paragraph 3 – subparagraph 2 – point c Amendment 202 #
Proposal for a regulation Article 265 – paragraph 1 – point 16 Regulation (EU) No 1303/2013 Article 42 – paragraph 5 – subparagraph 1 Amendment 203 #
Proposal for a regulation Article 265 – paragraph 1 – point 16 Regulation (EU) No 1303/2013 Article 42 – paragraph 5 – subparagraph 1 “Where management cost and fees as referred to in point (d) of the first subparagraph of paragraph 1 and in paragraph 2 of this Article are charged by the body implementing the fund of funds or bodies implementing financial instruments pursuant to point (c) of Article 38(1) and points (a), (b) and (
Amendment 204 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a Amendment 205 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 1 1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees,
Amendment 206 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 1 1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from the ESI Funds, may be used for differentiated treatment of private investors, as well as the EIB
Amendment 207 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from the ESI Funds, may be used for differentiated treatment of private investors, banks or public financial institutions as well as the EIB when using the EU guarantee pursuant to Regulation (EU) 2015/1017. Such differentiated treatment shall be justified by the need to attract private counterpart resources and leverage public funding.
Amendment 208 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 1 1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from
Amendment 209 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 1 1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from the ESI Funds, may be used for differentiated treatment of
Amendment 21 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘blending facility’ means a facility, established as a cooperation framework between the Commission and development or other public finance institutions as well as commercial finance institutions and investors, which aims
Amendment 210 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 1 a (new) 1a. The assessments referred to in Article 37(2) and Article 39a(3) shall include, as appropriate, an assessment of the need for, and the extent of, differentiated treatment as referred to in paragraph 1 of this Article and/or a description of the mechanism which will be used to establish the need for, and extent of, such differentiated treatment.
Amendment 211 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 2 Amendment 212 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 2 2. The
Amendment 213 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 2 a (new) 2a. The definition and specific conditions for application of differentiated treatment when implementing financial instruments under ESI funds shall be laid down by the Commission in Guidelines.
Amendment 214 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 3 3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate private investors
Amendment 215 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 3 3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate
Amendment 216 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 3 3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private and public counterpart resources. It shall not over- compensate private and public investors and the EIB when using the EU guarantee according to Regulation (EU) 2015/1017. The alignment of interest shall be ensured through an appropriate sharing of risk and profit.
Amendment 217 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 3 3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private counterpart resources. It shall not over-compensate
Amendment 218 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 4 4. Differentiated treatment of
Amendment 219 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a – paragraph 4 4. Differentiated treatment of private and public investors shall be without prejudice to the Union State aid rules.
Amendment 22 #
Proposal for a regulation Article 34 a (new) Article 34a Climate impact of Union funding The Commission shall carry out a comprehensive, cross-sectorial study of the impact of funding granted from the Union budget or otherwise pursuant to Union law on the mitigation of climate change. By 1 January 2019 the Commission shall present to the European Parliament and the Council a report on the findings of the study. That report shall be accompanied, if appropriate, by legislative proposals aimed at discontinuing any Union funding which is incompatible with the CO2 reduction targets or policies of the Union. Such proposals shall include the proposal of a mandatory ex-ante climate compatibility check, applicable to every new Union investment from 1 January 2020, including the obligation to make the results public in a transparent and accessible way. (New article 35)
Amendment 220 #
Proposal for a regulation Article 265 – paragraph 1 – point 18 – point b Regulation (EU) No 1303/2013 Article 44 – paragraph 1– point b (b) where applicable, to cover the losses in the nominal amount of the ESI Funds contribution to the financial instrument resulting from negative interest
Amendment 221 #
Proposal for a regulation Article 265 – paragraph 1 – point 18 a (new) Regulation (EU) No 1303/2013 Article 46 – paragraph 2 – subparagraph 1 – point a a (new) 18a. In Article 46, in paragraph 2, point aa is added: (aa) identification of the bodies implementing financial instruments, and the bodies implementing funds of funds where applicable, as referred to under point (a), (b) and (c) of Article 38(1);”
Amendment 222 #
Proposal for a regulation Article 265 – paragraph 1 – point 19 – introductory part 19. in Article 46, in paragraph 2, in the first subparagraph, points (c), points (g) and (h) are replaced by the following:
Amendment 223 #
Proposal for a regulation Article 265 – paragraph 1 – point 21 Regulation (EU) No 1303/2013 Article 57 – paragraph 3 Amendment 224 #
Proposal for a regulation Article 265 – paragraph 1 – point 22 – point a a (new) Regulation (EU) No 1303/2013 Article 58 – paragraph 1 – point f Amendment 225 #
Proposal for a regulation Article 265 – paragraph 1 – point 23 – point a a (new) Regulation (EU) No 1303/2013 Article 59 – paragraph 1 b (new) (aa) The following paragraph 1b is added: “1b. 0.25% of the money available for technical assistance shall be used to carry out communication activities to raise awareness and to inform citizens about the results and successes of projects supported by ESI Funds; such communication activities shall continue until 4 years after closure of the project when results of a project are clearly visible.”
Amendment 226 #
Proposal for a regulation Article 265 – paragraph 1 – point 23 – point b Regulation (EU) No 1303/2013 Article 59 – paragraph 2a Amendment 227 #
Proposal for a regulation Article 265 – paragraph 1 – point 23 a (new) Regulation (EU) No 1303/2013 Article 60 – paragraph 2 23a. Article 60, paragraph 2 shall be amended as follows: “2. Technical assistance measures implemented at the initiative of, or on behalf of, the Commission or Member States may be financed at the rate of 100 %.
Amendment 228 #
Proposal for a regulation Article 265 – paragraph 1 – point 23 a (new) Regulation (EU) No 1303/2013 Article 61 – paragraph 1 – subparagraph 1 23a. In Article 61, in paragraph 1, subparagraph 1 is replaced by the following: “This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article ‘net revenue’ means cash in-flows directly paid by users for the goods or services provided by the operation, such as charges borne directly by users for the use of infrastructure, sale or rent of land or buildings, or payments for services less any operating costs and replacement costs of short-life equipment incurred during the corresponding period. Operating cost- savings generated by the operation, with the exception of cost-savings resulting from the implementation of energy efficiency measures, shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies.
Amendment 229 #
Proposal for a regulation Article 265 – paragraph 1 – point 23 a (new) Regulation (EU) No 1303/2013 Article 61 – paragraph 1 – subparagraph 1 23a. In Article 61, in paragraph 1, subparagraph 1 is replaced by the following: “This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article ‘net revenue’ means cash in-flows directly paid by users for the goods or services provided by the operation, such as charges borne directly by users for the use of infrastructure, sale or rent of land or buildings, or payments for services less any operating costs and replacement costs of short-life equipment incurred during the corresponding period. Operating cost- savings generated by the operation, with the exception of cost-savings resulting from the implementation of energy efficiency measures, shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies.”
Amendment 23 #
Proposal for a regulation Article 272 – paragraph -1 (new) Regulation (EU) No 1316/2013 Article 5 – paragraph 1 a (new) -1. In Article 5 the following paragraph 1 a is added: 'At any event, the amounts for the following MFF shall not be less than 3.17% for the three sectors and 2.5% for the transport sector.'
Amendment 230 #
Proposal for a regulation Article 265 – paragraph 1 – point 23 a (new) Regulation (EU) No 1303/2013 Article 61 – paragraph 1 – subparagraph 1 Amendment 231 #
Proposal for a regulation Article 265 – paragraph 1 – point 24 – point a Regulation (EU) No 1303/2013 Article 61 – paragraph 3 – point aa Amendment 232 #
Proposal for a regulation Article 265 – paragraph 1 – point 24 – point a Regulation (EU) No 1303/2013 Article 61 – paragraph 3 – point aa “application of a flat rate net revenue percentage established by a Member State for a sector or sub-sector not covered under point (a).
Amendment 233 #
Proposal for a regulation Article 265 – paragraph 1 – point 25 – point a – point ii Regulation (EU) No 1303/2013 Article 65 – paragraph 8 – point i Amendment 234 #
Proposal for a regulation Article 265 – paragraph 1 – point 25 – point b Regulation (EU) No 1303/2013 Article 65 – paragraph 11 11. An operation may receive support from one or more ESI Funds or from one or more programmes and from other Union instruments, provided that the expenditure declared in a payment application for one of the ESI Funds
Amendment 235 #
Proposal for a regulation Article 265 – paragraph 1 – point 25 – point b Regulation (EU) No 1303/2013 Article 65 – paragraph 11 11.
Amendment 236 #
Proposal for a regulation Article 265 – paragraph 1 – point 25 – point b a (new) Regulation (EU) No 1303/2013 Article 65 – paragraph 11 a (new) (ba) the following paragarph 11a is added: 11a. An operation may receive support from one or more ESI Funds or from one or more programmes and from EFSI, provided that the sum of all forms of support combined does not exceed the total amount of the expenditure concerned.
Amendment 237 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point a – point ii Regulation (EU) No 1303/2013 Article 67 – paragraph 1 – point e (e) financing which is not linked to costs of the relevant operations but is based on the fulfilment of conditions related to the realisation of progress in implementation or the achievement of objectives of programmes. The detailed modalities concerning the financing conditions and their application shall be set out in delegated acts adopted in accordance with the empowerment provided for in paragraph 5. The form of standard scales of unit costs, lump sums or flat rates, is applicable also operations receiving State Aid, and in particular to State aid exempted from notification under Regulation (EU) No 651/2014 and following amendments.
Amendment 238 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point a – point ii a (new) Regulation (EU) No 1303/2013 Article 67 – paragraph 1 – subparagraph 2 a (new) iia) at the end of paragraph 1 the following subparagraph is added: ‘In line with the recommendations set out in recital 10 of Regulation No 1296/2013 and Article 176 of the Commission proposal, Member States shall make more frequent use of simplified cost options and of ‘single lump sum’ financing in order to make the associated administration less burdensome and to simplify the rules governing the allocation of funds.’
Amendment 239 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point b Regulation (EU) No 1303/2013 Article 67 – paragaraph 2a 2a. For an operation or projects not falling under the first sentence of paragraph 4 and which receive support from the ERDF and the ESF, grants and repayable assistance for which the public support does not exceed EUR 100 000
Amendment 24 #
Proposal for a regulation Article 272 – paragraph -1 a (new) Regulation (EU) No 1316/2013 Article 7– paragraph 1 (-1a) In Article 7(1), the first subparagraph is replaced by the following: '1. Only actions contributing to projects of common interest in accordance with Regulations (EU) No 1315/2013 and (EU) No 347/2013 and the Regulation on guidelines for trans-European networks in the area of telecommunications infrastructure, as well as programme support actions, shall be eligible for financial assistance from the Union in the form of grants, financial instruments, blending facilities and procurement.'
Amendment 240 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point b Regulation (EU) No 1303/2013 Article 67 – paragaraph 2a 2a. “2a. For an operation or projects
Amendment 241 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point b a (new) Regulation (EU) No 1303/2013 Article 67 – paragraph 4 (ba) paragraph 4 is replaced by the following: “4. Where an operation or a project forming a part of an operation is implemented exclusively through the public procurement of works, goods or services, only points (a) and (e) of the first subparagraph of paragraph 1 shall apply. Where the public procurement within an operation or project forming part of an operation is limited to certain categories of costs, all the options referred to in paragraph 1 may be applied
Amendment 242 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point c – point i Regulation (EU) No 1303/2013 Article 67 – paragraph 5 – point a – point iv (iv) draft budgets established on a case by case basis and agreed ex ante by the managing authority, where the public support does not exceed EUR 1
Amendment 243 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point -a (new) Regulation (EU) No 1303/2013 Article 67 – paragraph 6 a (new) (ca) the following paragraph is inserted: ‘6a. Member States and their local authorities may apply tot the European Parliament and the European Council for a derogation in relation to the ceilings for public support and to de minimis aid. Such an application must be justified by exceptionally serious economic circumstances. The derogation procedure shall be similar to that used for providing a financial contribution from the EGF. The Council shall act by a qualified majority and the European Parliament shall act by a majority of its component members and three fifths of the votes cast.
Amendment 244 #
Proposal for a regulation Article 265 – paragraph 1 – point 29 – point a Regulation (EU) No 1303/2013 Article 70 – paragraph 1a – subparagraph 1 “1a. Operations concerning the provision of services to citizens or businesses which cover the whole territory of a Member State shall be considered as being located in all programme areas within a Member State. In such cases, expenditure shall be allocated to the concerned programme areas on a pro-rata basis, based on objective criteria
Amendment 245 #
Proposal for a regulation Article 265 – paragraph 1 – point 29 – point a Regulation (EU) No 1303/2013 Article 70 – paragraph 1a – subparagraph 2 Th
Amendment 246 #
Proposal for a regulation Article 265 – paragraph 1 – point 29 – point c Regulation (EU) No 1303/2013 Article 70 – paragraph 2a “2a. For the Funds and the EMFF where operations implemented outside the programme area in accordance with paragraph 2 have benefits both outside and within the programme area expenditure shall be allocated to these areas on a pro rata basis based on objective criteria
Amendment 247 #
Proposal for a regulation Article 265 – paragraph 1 – point 31 a (new) Regulation (EU) No 1303/2013 Article 75 – paragraph 2 – subparagraph 3 a (new) 31a. In Article 75, paragraph 2, new subparagraph 3a is inserted: “The Commission shall provide the competent national authority with: (a) the draft audit report from the on- the-spot audit or check within 3 months’ time from the end date of the respective on-the-spot audit or check. The aforementioned time limit shall not include the period which starts on the date following the date on which the Commission sends its request for additional information to the Member State and lasts until the Member State responds to the request; (b) the final audit report within 3 months’ time from the date of receiving a complete reply from the competent national authority to the draft audit report from the respective on-the-spot audit or check. The reports mentioned under points (a) and (b) shall be made available within the aforementioned time limits in at least one of the official languages of the Union. The fourth subparagraph shall not be applicable to the European Agricultural Fund for Rural Development.”
Amendment 248 #
Proposal for a regulation Article 265 – paragraph 1 – point 35 a (new) Regulation (EU) No 1303/2013 Article 92 – paragraph 10 35a. In Article 92, paragraph 10 is replaced by the following: “10. For the purposes of this Article, Articles 18, 90, 91, 93, 95, 99, 120, Annex I and Annex X of this Regulation, Article 4 of the ERDF Regulation, Article 4 and Articles 16 to 23 of the ESF Regulation, Article 3(3) of the ETC Regulation, the outermost region of Mayotte shall be considered to be a NUTS level 2 region falling into the category of less developed regions. For the purposes of Article 3(1) and (2) of the ETC Regulation, the regions of Mayotte and Saint Martin shall be
Amendment 249 #
Proposal for a regulation Article 265 – paragraph 1 – point 36 Regulation (EU) No 1303/2013 Article 98 – paragraph 2 “The ERDF and the ESF may finance, in a complementary manner and subject to a limit of 10 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the satisfactory implementation of the operation and are directly linked to it.”
Amendment 25 #
Proposal for a regulation Article 272 – paragraph 1 – point -1 (new) Regulation (EU) No 1316/2013 Article 15 – paragraph 1 – point b a (new) -1 In Article 15, paragraph 1 the following point is inserted: "(ba) contribute to minimising external costs, including those caused by climate change and accidents;"
Amendment 250 #
Proposal for a regulation Article 265 – paragraph 1 – point 37 – point b Regulation (EU) No 1303/2013 Article 102 – paragraph 6a – subparagraph 2 Amendment 251 #
Proposal for a regulation Article 265 – paragraph 1 – point 39 Regulation (EU) No 1303/2013 Article 105 – paragraph 2 39. in Article 105, in paragraph 2,the second sentence is
Amendment 252 #
Proposal for a regulation Article 265 – paragraph 1 – point 40 – point b Regulation (EU) No 1303/2013 Article 106 – subparagraph 1 – point 2 Amendment 253 #
Proposal for a regulation Article 265 – paragraph 1 – point 40 – point c Regulation (EU) No 1303/2013 Article 106 – subparagraph 1 – point 3 (3) a description of the projects or types of projects envisaged, together with the milestones, where relevant, and the targets for outputs and results linked to the
Amendment 254 #
Proposal for a regulation Article 265 – paragraph 1 – point 40 – point d Regulation (EU) No 1303/2013 Article 106 – subparagraph 1 – points 6 and 7 Amendment 255 #
Proposal for a regulation Article 265 – paragraph 1 – point 40 – point d Regulation (EU) No 1303/2013 Article 106 – subparagraph 1 – points 6 and 7 Amendment 256 #
Proposal for a regulation Article 265 – paragraph 1 – point 40 – point e a (new) Regulation (EU) No 1303/2013 Article 106 – subparagraph 1 – point 8 – point ca (ea) the following point is added: (ca) the arrangements ensuring the dissemination of information and communication in relation to the joint action plan and to the Funds;
Amendment 257 #
Proposal for a regulation Article 265 – paragraph 1 – point 46 Regulation (EU) No 1303/2013 Article 119 – paragraph 3 3. Detailed rules concerning the information
Amendment 258 #
Proposal for a regulation Article 265 – paragraph 1 – point 47 – point a Regulation (EU) No 1303/2013 Article 119 – paragraph 1 – subparagraph 1 The amount of the Funds allocated to technical assistance shall be limited to 4 % of the total amount of the Funds allocated to operational programmes at the time of the adoption of the operational programmes in a Member State of the Investment for jobs and growth goal. A part of the technical assistance allocation shall be dedicated to communication, both at programme and project level (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 259 #
Proposal for a regulation Article 265 – paragraph 1 – point 47 – point a Regulation (EU) No 1303/2013 Article 119 – paragraph 1 –subparagraph 1 The amount of the Funds allocated to technical assistance shall be limited to 4 % of the total amount of the Funds allocated to operational programmes at the time of the adoption of the operational programmes in a Member State of the
Amendment 26 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 1 1. Blending Facilities in accordance with Article 153 of the Financial Regulation may be established under this Regulation for one or more of the CEF sectors, once an independent evaluation of the EFSI and its effects on the transport sector has been carried out and provided that that independent evaluation demonstrates that the EFSI has contributed to achieving the Union's objectives on decarbonisation, job creation and cross-border connectivity.
Amendment 260 #
Proposal for a regulation Article 265 – paragraph 1 – point 47 a (new) Regulation (EU) No 1303/2013 Article 120 – paragraph 5 47a. In Article 120, paragraph 5 is replaced by the following: “5. The maximum co-financing rate under paragraph 3 at the level of a priority axis
Amendment 261 #
Proposal for a regulation Article 265 – paragraph 1 – point 57 Regulation (EU) No 1303/2013 Article 140 – paragraph 3 “Where documents are kept on commonly accepted data carriers in accordance with the procedure laid down in paragraph 5, no originals shall be required, except at least for the cases where fraud suspicions exist.”
Amendment 262 #
Proposal for a regulation Article 265 – paragraph 1 – point 59 a (new) Regulation (EU) No 1303/2013 Article 148 – paragraph 1 59a. In Article 148, paragraph 1 is replaced by the following: “1. Operations for which the total eligible expenditure does not exceed EUR
Amendment 263 #
Proposal for a regulation Article 265 – paragraph 1 – point 60 Regulation (EU) No 1303/2013 Article 152 – paragraph 3a “
Amendment 264 #
Proposal for a regulation Article 265 – paragraph 1 – point 60 Regulation (EU) No 1303/2013 Article 152 – paragraph 3a “
Amendment 265 #
Proposal for a regulation Article 265 – paragraph 1 – point 60 Regulation (EU) No 1303/2013 Article 152 – paragraph 3a “
Amendment 266 #
Proposal for a regulation Article 265 – paragraph 1 – point 60 Regulation (EU) No 1303/2013 Article 152 – paragraph 3a “Where a call for proposal is launched prior to the entry into force of Regulation XXX/YYY amending the present Regulation the managing authority (or monitoring committee for the programmes under the European territorial cooperation goal) may decide not to apply the obligation set out in Article 67(2a) for a maximum of
Amendment 267 #
Proposal for a regulation Article 265 – paragraph 1 – point 60 Regulation (EU) No 1303/2013 Article 152 – paragraph 3a “Where a call for proposal is launched prior to the entry into force of Regulation XXX/YYY amending the present Regulation the managing authority (or monitoring committee for the programmes under the European territorial cooperation goal) may decide not to apply the obligation set out in Article 67(2a) for a maximum of
Amendment 268 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 Regulation (EU) No 1303/2013 Annex IV Amendment 269 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 Regulation (EU) No 1303/2013 Annex IV Amendment 27 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 3 3. The sum of the overall contribution from the Union budget to CEF Blending Facilities and the financial instruments laid down in Article 14, paragraph 2, shall not exceed 10% of the overall financial envelopes of the CEF as referred to in Article 5(1).
Amendment 27 #
Proposal for a regulation Recital 4 (4)
Amendment 270 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 a (new) Regulation (EU) No 1303/2013 Annex VII – paragraph 18 – subparagraph 3 Amendment 271 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 a (new) Regulation (EU) No 1303/2013 Annexe XII – subsection 2.1 – point 1 61a. In subsection 2.1. point 1 is replaced by the following: “1. The Member State and the managing authority shall ensure that the information and communication measures are implemented in accordance with the communication strategy in order to improve the interaction with citizens and that those measures aim for the widest possible media coverage using various forms and methods of communication at the appropriate level
Amendment 272 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 a (new) Regulation (EU) No 1303/2013 Annexe XII – subsection 2.2 – point 4 61a. In subsection 2.2 point 4 is replaced by the following: “4. During implementation of an ERDF or Cohesion Fund operation, the beneficiary shall put up, at a location readily visible to the public, a temporary billboard of a significant size for each operation consisting of the financing of infrastructure or construction operations
Amendment 273 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 b (new) Regulation (EU) No 1303/2013 Annexe XII – subsection 2.2 – point 5 – introductory part 61b. In subsection 2.2. point 5 the introductory part is replaced by the following: “5. No later than three months after completion of an operation, the beneficiary
Amendment 274 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 b (new) Regulation (EU) No 1303/2013 Annexe XII – subsection 2.2 – point 5 – point a Amendment 28 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 4 4. Support provided under the CEF
Amendment 28 #
Proposal for a regulation Recital 7 (7) The rules governing transfers of appropriations should allow for greater flexibility in order to ensure better budget implementation.
Amendment 29 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 a (new) Regulation (EU) No 1316/2013 Article 16 a – paragraph 4 a (new) 4a. In the context of this blending under the CEF and noting that the financing of the EIB guarantee fund under the EFSI is provided by the EU budget, the EIB is studying the possibility of systematically providing first loss guarantees in these mechanisms in order to allow and facilitate additionality and the participation of private co-investors.
Amendment 29 #
Proposal for a regulation Recital 13 (13) Union legislation should be of high quality, focus on areas where it produces greatest added value for European citizens, businesses and beneficiaries of EU investment, and is as effective and efficient as possible in delivering the common policy objectives of the Union16 . Subjecting existing and new spending programmes and activities entailing significant spending to evaluation can help achieve these objectives. __________________ 16 OJ L 123, 12 May 2016, p.1. – Interinstitutional agreement on Better Law- Making.
Amendment 30 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 5 5. The Union, any Member State and other investors may contribute to CEF Blending Facilities, provided that, exceptionally, the Commission agrees to an
Amendment 30 #
Proposal for a regulation Recital 14 (14) The principle of transparency, enshrined in Article 15 TFEU which requires the institutions to work as openly as possible, implies, in the area of the implementation of the budget, that citizens are able to know where, and for what
Amendment 31 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 6 6. Blending operations supported by means of a CEF Blending Facility shall be selected on the basis of maturity
Amendment 31 #
Proposal for a regulation Recital 20 Amendment 32 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 7 7. Blending operations in third countries may be supported by means of a CEF
Amendment 32 #
Proposal for a regulation Recital 24 (24) In the interest of increased readability and transparency of data on financial instruments implemented under direct and indirect implementation, it is appropriate to merge all reporting requirements in one single working document attached to the draft budget, to be used for a separate performance evaluation and assessment of the contribution to EU Cohesion Policy.
Amendment 33 #
Proposal for a regulation Article 272 – paragraph 1 – point 2 Regulation (EU) No 1316/2013 Article 17 – paragraph 3 – subparagraph 2 Amendment 33 #
Proposal for a regulation Recital 49 (49) In order to ensure that the Commission has all the necessary information for the adoption of the financing decisions, it is necessary to lay down the minimum requirements for the contents of financing decisions on grants, procurement, trust funds, prizes, financial instruments, blending facilities and budgetary guarantees. At the same time, in order to give a longer-term perspective to the potential recipients, it is necessary to allow that the financing decisions are adopted for more than one year but the implementation being subject to the availability of budget appropriations for the respective year.
Amendment 34 #
Proposal for a regulation Recital 59 (59) It is also important to avoid that recipients of EU funds are audited several times by different national and EU entities on the use of these funds. It is therefore necessary to foresee the possibility to rely on audits already carried out by independent auditors provided that they are based on internationally accepted standards, that they provide reasonable assurance, and that they have been conducted on the financial statements and reports setting out the use of the Union contribution. Such audits should then form the basis of the overall assurance on the use of EU funds.
Amendment 35 #
Proposal for a regulation Recital 60 Amendment 36 #
Proposal for a regulation Recital 60 Amendment 37 #
Proposal for a regulation Recital 60 Amendment 38 #
Proposal for a regulation Recital 60 Amendment 39 #
Proposal for a regulation Recital 66 (66) The early detection and exclusion sytem should apply to participants, recipients, entities on whose capacity the candidate or tenderer intends to rely or to subcontractors of a contractor, any person or entity receiving Union funds where the budget is implemented under indirect implementation, any person or entity receiving Union funds under financial instruments directly implemented and participants or recipients of entities implementing the budget under shared
Amendment 40 #
Proposal for a regulation Recital 88 (88) Progress towards the electronic exchange of information and electronic submission of documents, including e- procurement, which constitute a major simplification measure, should be accompanied by clear conditions for the acceptance of the systems to be used, so as to establish a legally sound environment
Amendment 41 #
Proposal for a regulation Recital 108 (108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way, while alleviating administrative burden on recipients of EU funding and on managing authorities. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators.
Amendment 42 #
Proposal for a regulation Recital 125 (125) In order to simplify procedures and improve the readability of this Regulation provisions related to the content of the grant application, of the call for proposals and of the grant agreement should be simplified and streamlined, especially in view of encouraging public private partnerships and achieving synergy through combinations with other sources of EU funding and private investment.
Amendment 43 #
Proposal for a regulation Recital 136 (136) In recent years the Union has increasingly used financial instruments that should allow a higher leverage of the EU budget to be achieved but, at the same time, they generate a financial risk for that budget. Among those financial instruments are not only the financial instruments already covered by the Financial Regulation, but also other instruments such as budgetary guarantees and financial assistance that previously have been governed only by the rules established in their respective basic acts. It is important to establish a common framework to ensure the homogeneity of the principles applicable to that set of instruments and to regroup them under a new Title, comprising sections on budgetary guarantees and on financial assistance to Member States or third countries in addition to the existing rules applicable to Financial Instruments.
Amendment 44 #
Proposal for a regulation Recital 137 (137) Financial instruments can be valuable in multiplying the effect of Union funds when those funds
Amendment 45 #
Proposal for a regulation Recital 137 (137) Financial instruments can be valuable in multiplying the effect of Union funds when those funds are pooled with other funds and include a potential leverage effect.
Amendment 46 #
Proposal for a regulation Recital 138 (138) Within the framework of the annual
Amendment 47 #
Proposal for a regulation Recital 144 (144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules
Amendment 48 #
Proposal for a regulation Recital 146 (146) Budgetary guarantees and financial assistance to Member States
Amendment 49 #
Proposal for a regulation Recital 147 (147) The Union has recently launched important initiatives based on budgetary guarantees such as the European Fund for Strategic Investments (EFSI) or the European Fund for Sustainable Development (EFSD). The characteristics of those instruments are that they should generate a contingent liability for the Union and imply the provisioning of funds to make available of a liquidity cushion that allows the budget to respond in an orderly manner to the payment obligations that may arise from those contingent liabilities. In order to guarantee the credit rating of the Union and, hence, its capacity to deliver effective financing, it is essential that the authorisation, provisioning and monitoring of contingent liabilities follow a robust set of rules that should be applied to all budgetary guarantees.
Amendment 50 #
Proposal for a regulation Recital 148 (148)
Amendment 51 #
Proposal for a regulation Recital 150 Amendment 52 #
Proposal for a regulation Recital 152 Amendment 53 #
Proposal for a regulation Recital 153 (153) Financial assistance to Member States or third countries should take the form of a loan, of a credit line or any other instrument deemed appropriate to ensure the effectiveness of the support. The
Amendment 54 #
Proposal for a regulation Recital 172 Amendment 55 #
Proposal for a regulation Recital 172 Amendment 56 #
Proposal for a regulation Recital 172 (172) With a view to responding to the challenges posed by increasing flows of migrants and refugees, the objectives to which the ERDF may contribute
Amendment 57 #
Proposal for a regulation Recital 172 (172) With a view to responding to the challenges posed by increasing flows of migrants and refugees, the objectives to which the ERDF may contribute in its support of migrants and refugees should be spelled out. This contribution could, however, be effective, especially in countries particularly exposed to migration flows as Italy, Greece, Malta, only if accompanied by a genuine Europe-wide application of the principle of solidarity, and thus by actions aimed at a fair burden-sharing and at sustainable mutual assistance among the Member States.
Amendment 58 #
Proposal for a regulation Recital 172 a (new) (172a) Given that the primary objective of the European structural funds is to reduce regional disparities and promote sustainable and inclusive growth within the Member States as part of cohesion policy, that irregular migrant reception policies will effectively deprive the real economy of funding and that the migration flood is a source of disruption and destabilisation for the peoples of Europe, European structural funds must not be used to finance the settlement of irregular migrants in the European Union.
Amendment 59 #
Proposal for a regulation Recital 172 a (new) (172a) Horizontal principles, i.e. partnership involvement, sustainable development, gender equality and non- discrimination, have generated important contributions to effective implementation of ESI Funds and should be upheld as forerunners for any kind of investment that involves EU budget including financial instruments and EFSI;
Amendment 60 #
Proposal for a regulation Recital 175 (175) With a view to ensure sound financial management in ESI Funds which are managed under shared
Amendment 61 #
Proposal for a regulation Recital 176 Amendment 62 #
Proposal for a regulation Recital 176 Amendment 63 #
Proposal for a regulation Recital 178 Amendment 64 #
Proposal for a regulation Recital 178 Amendment 65 #
Proposal for a regulation Recital 178 Amendment 66 #
Proposal for a regulation Recital 178 Amendment 67 #
Proposal for a regulation Recital 178 Amendment 68 #
Proposal for a regulation Recital 180 Amendment 69 #
Proposal for a regulation Recital 182 (182) Many Member States have established publicly-owned banks or financial institutions that operate under a public policy mandate to promote economic development. Such banks or financial institutions have specific characteristics which differentiate them from private commercial banks in relation to their ownership, their development mandate and the fact that they do not have the objective of maximising profits. The role of such banks is notably to mitigate market failures, where in certain regions or for certain policy areas or sectors financial services are underprovided by commercial banks. These publicly-owned banks or financial institutions are well-placed to promote access to the ESI funds while maintaining competitive neutrality. Their specific role and characteristics can allow Member States to increase the use of financial instruments for delivering ESI
Amendment 70 #
Proposal for a regulation Recital 184 Amendment 71 #
Proposal for a regulation Recital 184 Amendment 72 #
Proposal for a regulation Recital 184 (184) In adopting Regulation (EU) 2015/1017 of the European Parliament and
Amendment 73 #
Proposal for a regulation Recital 188 Amendment 74 #
Proposal for a regulation Recital 188 (188) In order to incentivise private investors to co-invest in public policy projects, the concept of differentiated treatment of investors, which allows under specific conditions that ESI Funds can take a subordinated position to a private investor
Amendment 75 #
Proposal for a regulation Recital 188 (188) In order to incentivise private investors to co-invest in public policy projects, the concept of differentiated treatment of investors, which allows under specific conditions, as agreed in the relevant funding agreement, that ESI Funds can take a subordinated position to a private investor and EIB financial products
Amendment 76 #
Proposal for a regulation Recital 188 (188) In order to incentivise private investors to co-invest in public policy projects, the concept of differentiated treatment of investors, which allows under specific conditions that ESI Funds can take a subordinated position to a private investor and EIB financial products
Amendment 77 #
Proposal for a regulation Recital 189 Amendment 78 #
Proposal for a regulation Recital 202 (202) With a view to improving the effectiveness and impact of operations implementation of nation-wide operations or operations covering different programme areas should be facilitated and possibilities for expenditure outside the Union for certain investments should be increased .
Amendment 79 #
Proposal for a regulation Recital 214 (214) Nowadays farmers are exposed to increasing economic risks as a consequence of market developments.
Amendment 80 #
Proposal for a regulation Recital 218 (218) Pursuant to Article 60(1) of Regulation (EU) No 1305/2013, in cases of emergency measures due to natural disasters, eligibility of expenditure relating to programme changes may start from the date when the natural disaster occurred. This possibility to make eligible expenditure made before the submission of a programme amendment should be extended to other circumstances, such as catastrophic events or a significant and
Amendment 81 #
Proposal for a regulation Recital 226 (226) In order to ensure that the refusal or recovery of payments affected by a non- compliance with public procurement rules reflects the gravity of such non-compliance and respects the principle of proportionality, such refusal or recovery should be limited to the levels laid down by the Commission for financial corrections to be made to expenditure under shared
Amendment 82 #
Proposal for a regulation Recital 242 (242) Only grants and procurement may currently be used to support actions in the area of Digital Service Infrastructures. In order to ensure as efficient as possible, low-risk financial instruments should also be made available to support these actions.
Amendment 83 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 27. ‘financial instruments’ means Union measures of financial support provided from the budget in order to address one or more specific policy objectives of the Union. Such instruments may take the form of equity or quasi-equity investments, loans or guarantees, or other risk-sharing instruments, and may, where appropriate, be combined with other forms of financial support or with ESI funds
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 36. ‘method of implementation’ means the methods of budget implementation described in Articles 61, 62 or 149, i.e. direct implementation, indirect and shared
Amendment 85 #
Proposal for a regulation Article 10 – paragraph 5 – point b (b) expenditure
Amendment 86 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 1 – point f (f) with regard to operational expenditure of the funds
Amendment 87 #
Proposal for a regulation Article 29 – paragraph 2 – subparagraph 1 The Commission may submit proposals for transfers of payment appropriations to the funds
Amendment 88 #
Proposal for a regulation Article 31 – paragraph 2 – point b (b) progress in the achievement of objectives shall be monitored with performance indicators, specifically focused on ex-post impact, outcomes and EU added value;
Amendment 89 #
Proposal for a regulation Article 61 – paragraph 1 – point b (b) under shared
Amendment 90 #
Proposal for a regulation Article 62 – title Shared
Amendment 91 #
Proposal for a regulation Article 62 – paragraph 1 1. Where the budget is implemented under shared management, implementation tasks shall be delegated to Member States. The Commission and the Member States shall respect the principles of sound financial management, transparency and non-
Amendment 92 #
Proposal for a regulation Article 62 – paragraph 3 – subparagraph 1 In accordance with the criteria and procedures laid down in sector-specific rules, Member States shall, at the appropriate level, designate bodies to be responsible for the management and control of Union funds. Such bodies may also carry out tasks not related to the management of Union funds and may entrust certain of their tasks to other bodies
Amendment 93 #
Proposal for a regulation Article 62 – paragraph 9 Amendment 94 #
Proposal for a regulation Article 62 – paragraph 9 Amendment 95 #
Proposal for a regulation Article 125 Amendment 96 #
Proposal for a regulation Article 125 Amendment 97 #
Proposal for a regulation Article 125 Amendment 98 #
Proposal for a regulation Article 125 Amendment 99 #
Proposal for a regulation Article 142 – paragraph 2 2. Under shared
source: 601.013
2017/03/15
ITRE
18 amendments...
Amendment 12 #
Proposal for a regulation Recital 239 (239) In order to increase the efficiency of the intervention, a blending facility or blending facilities may be established under the Connecting Europe Facility (CEF). Such blending facilities should finance blending operations which are actions combining non-reimbursable forms of support and/or financial instruments from the Union budget, including combination of CEF equity and CEF debt financial instruments, and financing from EIB Group (including EIB financing under EFSI) development or other finance institutions as well
Amendment 13 #
Proposal for a regulation Recital 239 a (new) (239 a) The objective of CEF blending facilities is to facilitate and streamline one application for all forms of support, including Union grants from CEF, public loans and private sector financing. Those blending facilities should aim to optimise the application process for project promoters by providing a single evaluation process, from the technical and financial points of view.
Amendment 14 #
Proposal for a regulation Recital 239 a (new) (239a) CEF blending facilities should also increase the ownership and commitment of the financial institutions involved and mitigate the risk that projects for which grants are committed fail to achieve financial closure, and therefore fail to receive payments.
Amendment 15 #
Proposal for a regulation Recital 240 (240) A blending facility under CEF should aim to enhance the multiplier effect of Union spending by attracting additional resources from private investors
Amendment 16 #
Proposal for a regulation Recital 242 (242) Only grants and procurement may currently be used to support actions in the area of Digital Service Infrastructures. In order to ensure that the Digital Service Infrastructures function as efficiently as possible, other financial instruments which are currently used under CEF, including innovative financial instruments, should also be made available to support these actions .
Amendment 17 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point ii Regulation (EU) No 1303/2013 Article 38 - paragraph 4 - subparagraph 2 When implementing the financial instrument, the bodies referred to in points (a)to (d) of the first subparagraph shall
Amendment 18 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a - paragraph 1 - point 1 1. Member States may use ESI Funds to provide directly or indirectly a contribution to financial instruments referred to in point (c) of Article 38(1) to attract additional private sector investment.
Amendment 19 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a - paragraph 1 - point 2 2. The contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients. In the less developed and transition regions referred to in point (b) of Article 120(3), the financial contribution may exceed 25% where duly justified by the ex-ante assessment or preparatory assessment undertaken by the EIB under paragraph 3 of this Article, but shall not exceed 50%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi-equity investments provided to final recipients. The guaranteed loans referred to in this paragraph shall only be taken into account to the extent that ESI Funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment or preparatory assessment undertaken by the EIB under paragraph 3 of this Article covering a multiple amount of new loans.
Amendment 20 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a - paragraph 1 - point 6 6. When implementing financial instruments under point (c) of Article 38(1), the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in EU legislation
Amendment 21 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a - paragraph 1 - point 7 7. The bodies referred to in paragraph
Amendment 22 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a - paragraph 1 - point 8 8. Where managing authorities or other entities contribute ESI Funds programme resources to an existing instrument under point (c) of Article 38(1), the fund manager of which has already been selected by the EIB, international financial institutions in which a Member State is a shareholder, or a publicly-owned bank or financial institution, established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under Article 38(4)(b)(iii), they shall entrust implementation tasks to this fund manager through the award of a direct contract.
Amendment 23 #
Proposal for a regulation Article 265 – paragraph 1 – point 18 Regulation (EU) No 1303/2013 Article 44 – paragraph 1 - point b (b) where applicable, to cover the losses in the nominal amount of the ESI Funds contribution to the financial instrument resulting from negative interest
Amendment 24 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) 1316/2013 Article 16a – paragraph 6 6. Blending operations supported by means of a CEF Blending Facility shall be selected on the basis of serving society and the common good, and take into account the likelihood of market failure without Union intervention. Such operations shall also be selected on the basis of maturity and shall seek sectoral diversification in accordance with Articles 3 and 4 as well as geographical balance across the Member States. They shall:
Amendment 25 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 Article 16 a – paragraph 6 6. Blending operations supported by means of a CEF Blending Facility shall be selected on the basis of maturity taking into account a minimum set of criteria which are to be set by the Commission and shall seek sectoral diversification in accordance with Articles 3 and 4 as well as geographical balance across the Member States. They shall:
Amendment 26 #
Proposal for a regulation Article 274 – paragraph 1 – point 2 a (new) Regulation (EU) No 283/2014 Article 5 – paragraph 4 a (new) 4 a. The overall contribution from the Union budget to financial instruments under point (c) of paragraph 4 of this Article shall not exceed 10 % of the overall financial envelopes of the CEF as referred to in Article 5(1)(b);
Amendment 27 #
Proposal for a regulation Article 274 – paragraph 1 – point 2 b (new) Regulation (EU) No. 283/2014 Article 5 – Paragraph 4 b (new) 4 b. The introduction of such measures as financial instruments in that field shall take due account of the results of the evaluations of existing Union financial instruments under the mid-term evaluation process provided for in Article 27 of Regulation (EU) No. 1316/2013 of the European Parliament and of the Council1a ; _________________ 1aRegulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010(OJ L 348, 20.12.2013, p. 129).
Amendment 28 #
Proposal for a regulation Article 274 – paragraph 1 – point 2 c (new) Regulation (EU) No 283/2014 Article 5 – paragraph 4 c (new) 4 c. By .... [two years after the the entry into force of this amending Regulation] at the latest, the Commission shall produce a review of the impact of the financial instruments on the functioning of actions in the field of digital services;
Amendment 29 #
Proposal for a regulation Article 276 – paragraph 1 a (new) Decision No 541/2014/UE Article 4 – paragraph 3 3 a. By ... [two years after the implementation of this Regulation] at the latest, the Commission shall carry out a review of the functioning of the financing of the space surveillance tracking and support framework under the revised financial rules.
source: 600.928
2017/03/21
LIBE
32 amendments...
Amendment 10 #
Proposal for a regulation Recital 108 (108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators. All Union institutions conducting public procurement should publish clear rules on their websites regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 11 #
Proposal for a regulation Recital 113 (113) A contracting authority should be able to cancel a procurement procedure before the contract is signed, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim compensation. This should be without prejudice to situations where the contracting authority has acted in such a way that it may be held liable for damages in accordance with the general principles of Union law.
Amendment 12 #
Proposal for a regulation Recital 131 (131) In order to facilitate the participation of small organisations in the implementation of the EU policies in an environment of limited availability of resources, it is necessary to recognise the value of the work provided by volunteers as eligible costs. As a result, such organisations may rely to a greater extent on volunteers' work for sake of providing co-financing to the action. Only genuine volunteer work, which is that in which there are no apparent issues of exploitation or vulnerability, should be covered. In order to address the risk of for-profit businesses hiring a disproportionate amount of volunteers to reduce personnel costs, it should only be possible for non-profit beneficiaries to declare personnel costs for the work carried out by volunteers. Without prejudice to the maximum co-financing rate specified in the basic act, in such cases, the Union grant needs to be limited to the estimated eligible costs other than those covering volunteers' work. As volunteers work is a work provided by third parties without a remuneration being paid to them by the beneficiary, the limitation avoids reimbursing costs which the beneficiary did not incur.
Amendment 13 #
Proposal for a regulation Recital 161 a (new) (161 a) Funding of political parties should be conducted in a neutral and fair manner without prejudice to the goals, views and values of the political parties.
Amendment 14 #
Proposal for a regulation Recital 164 (164) The Commission should be authorised to create and manage Union trust funds for emergency, post-emergency or thematic actions
Amendment 15 #
Proposal for a regulation Article 5 – paragraph 1 Personal data collected pursuant to this Regulation shall be processed in accordance with
Amendment 16 #
Proposal for a regulation Article 32 – paragraph 1 1. Programmes and activities which entail
Amendment 17 #
Proposal for a regulation Article 32 – paragraph 1 a (new) 1 a. Result indicators and measurable targets based on the activities undertaken shall be defined at policy and project levels. Qualitative and quantitative indicators shall be established. Such indicators shall be stable over time and be comparable in order to measure the impact of Union funds and the achievement of their objectives. Quantified data shall be systematically collected.
Amendment 18 #
Proposal for a regulation Article 32 – paragraph 3 3.
Amendment 19 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 Any amendment to a proposal or initiative submitted to the legislative authority which may have
Amendment 20 #
Proposal for a regulation Article 45 – paragraph 3 – subparagraph 1 – point a a (new) (a a) For optimal transparency and clarity, dedicated budget lines of the draft budget shall reflect individual key objectives or priorities of Union funding, or both. A single budget line in the Union budget shall not correspond to the financing of several main objectives or priorities in the same Union trust fund.
Amendment 21 #
Proposal for a regulation Article 54 – paragraph 3 3. Citizens
Amendment 22 #
Proposal for a regulation Article 68 – paragraph 3 a (new) 3 a. All members of steering committees and boards of decentralised or executive Union agencies shall publish on an annual basis a "declaration of interests" on the website of their agency. To ensure clarity with regard to such declarations, the Commission shall provide a template for such "declarations of interests" which may be adapted for each agency.
Amendment 23 #
Proposal for a regulation Article 131 – paragraph 3 a (new) 3 a. In order to have an efficient early detection and exclusion system, clear rules shall be put in place for a real protection of whistle-blowers. Regular reports on whistle-blowers cases handled and finalised shall be published by relevant bodies.
Amendment 24 #
Proposal for a regulation Article 165 – paragraph 1 The contracting authority may, before the contract is signed, cancel the procurement procedure, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim any compensation.
Amendment 25 #
Proposal for a regulation Article 174 – paragraph 2 – subparagraph 2 In the case of an operating grant, the grant shall take the form of a financial contribution to the work programme of the body. Direct grants shall not preclude smaller structures, especially NGOs, from accessing Union funding. The Commission and Member States should keep a balance between large-scale and small-scale projects.
Amendment 26 #
Proposal for a regulation Article 175 – paragraph 8 8.
Amendment 27 #
Proposal for a regulation Article 182 – paragraph 1 – point e a (new) (e a) effective partnership principles for civil society organisations shall be established, securing their involvement in preparation, planning, monitoring, implementation and evaluation of funding at both national and Union levels.
Amendment 28 #
Proposal for a regulation Article 183 – paragraph 2 2. All grants awarded in the course of a financial year shall be published in accordance with paragraphs 1 to 4 of Article 36. In addition, all Union institutions conducting public procurement shall publish on their websites clear rules regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 29 #
Proposal for a regulation Article 184 – paragraph 1 – subparagraph 2 Co-financing may take the form of the beneficiary’s own resources, income generated by the action or work programme or financial or in-kind contributions from third parties. Co- financing requirements shall be reduced for small entities such as NGOs. Member States shall be invited to take responsibility for providing matching funds for supported activities led by those actors and carry out systematic pre- financing of successful applicants.
Amendment 30 #
Proposal for a regulation Article 185 – paragraph 4 – point b (b) direct support paid to natural persons most in need, such as unemployed persons
Amendment 31 #
Proposal for a regulation Article 215 – paragraph 4 a (new) 4 a. The application of equal treatment shall be without prejudice to the goals, views and values of the political parties.
Amendment 33 #
Proposal for a regulation Article 227 – paragraph 1 Amendment 34 #
Proposal for a regulation Article 227 – paragraph 1 1. For emergency, post-emergency or thematic external actions, the Commission may create, after informing the European Parliament and the Council, trust funds under an agreement concluded with other donors. The constitutive act of each trust fund shall define the objectives of the trust fund. The Commission decision establishing the trust fund shall include a description of the fund's objectives, the justification for its creation in accordance with paragraph 3, an indication of its duration and the preliminary agreements with other donors.
Amendment 35 #
Proposal for a regulation Article 227 – paragraph 2 2. The Commission shall consult the Parliament by establishing the fund and later submit its draft decisions concerning the establishment, the extension and the liquidation of a Union trust fund to the competent committee where provided for in the basic act under which the Union contribution to the Union trust fund is provided.
Amendment 36 #
Proposal for a regulation Article 227 – paragraph 3 – point b a (new) (b a) The use of Union trust funds should be limited and such trust funds shall not be a standard financial instrument at Union level. In any event, Union trust funds shall be established only when it is indispensable to conduct the actions targeted. Where trust funds are set up with third countries, they shall not be linked to the capacity or the willingness of the third countries concerned to collaborate in migration control, for example through readmission clauses
Amendment 37 #
Proposal for a regulation Article 250 – paragraph 1 1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by
Amendment 38 #
Proposal for a regulation Article 251 – paragraph 1 – subparagraph 1 The Court of Auditors shall transmit to the institution or the body concerned any observations which are, in its opinion, such that they should appear in a special report
Amendment 39 #
Proposal for a regulation Article 251 – paragraph 1 – subparagraph 6 The Court of Auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned are published
Amendment 8 #
Proposal for a regulation Recital 80 (80) It is important to be able to reinforce the deterrent effect achieved by the exclusion and the financial penalty. In that regard, the deterrent effect should be reinforced by the possibility to publish the information related to the exclusion and/or to the financial penalty, with full respect for the data protection requirements set out in Regulation (EC) No 45/2001 of the European Parliament and of the Council (6) and in
Amendment 9 #
Proposal for a regulation Recital 105 (105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be
source: 601.233
2017/03/28
AGRI
411 amendments...
Amendment 100 #
Proposal for a regulation Article 62 – paragraph 9 Amendment 101 #
Proposal for a regulation Article 125 Amendment 102 #
Proposal for a regulation Article 201 – paragraph 3 Amendment 103 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Where a financial instrument is established for the purpose of implementing Article 39 of Regulation (EU) No 1303/2013with a contribution from a budgetary guarantee of the Union, th
Amendment 104 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point a Regulation (EU) No 1305/2013 Article 2 – paragraph 1 – subparagraph 2 – point n (n) "young farmer" means a person who is no more than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding; setting up may be done solely or jointly with other farmers, as a derogation to this and in duly justified circumstances member states may apply the provisions of this article to young farmers who are no more than 40 years of age at the moment of submitting their application, that possesses adequate occupational skills and competence, even though they are already farming on their own right in an agricultural holding as head of that holding, if they have not been in receipt of specific support for young farmers in the 2006-2013 CAP reform or in the current CAP program 2013-2020, the support should continue for a maximum of five years;
Amendment 105 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point a (n) "young farmer" means a person who is no more than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding; setting up may be done solely or jointly
Amendment 106 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point a Regulation (EU) No 13o5/2013 Article 2 – paragraph 1 – subparagraph 2 - point n (n) "young farmer" means a person who is no more than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of
Amendment 107 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point b Regulation (EU) No 1305/2013 Article 2 – paragraph 1 – subparagraph 2 – point r (r)
Amendment 108 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point b Regulation (EU) No 1305/2013 Article 2 – paragraph 1 – subparagraph 2 – point r (r) "forest"
Amendment 109 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point c Regulation (EU) No 1305/2013 Article 2 – paragraph 1 – subparagraph 2 – point (s) (s) "date of setting up" means the date when the
Amendment 110 #
Proposal for a regulation Article 267 – paragraph 1 – point 2 a (new) Regulation (EU) No 1305/2013 Article 15 – paragraph 3 – subparagraph 1 2a. In Article 15(3), subparagraph 1 is replaced by the following: "3. The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The beneficiaries under this measure shall be chosen through
Amendment 111 #
Proposal for a regulation Article 267 – paragraph 1 – point 1 – point c (s) "date of setting up" means the date when the
Amendment 112 #
Proposal for a regulation Article 267 – paragraph 1 – point 2 a (new) Regulation (EU) N° 1305/2013 Article 15 – paragraph 3 – subparagraph 1 2a. InArticle 15 (3), subparagraph 1 is replaced by the following: "3. The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The beneficiaries under this measure shall be chosen through calls for
Amendment 113 #
Proposal for a regulation Article 267 – paragraph 1 – point 2 c (new) Regulation (EU) No 1305/2013 Article 14 – paragraph 4 2c. In Article 14, paragrah 4 is replaced by the following; "4. Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. Infrastructure installed as a result of demonstration may be used after the operation is completed. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of the replacement of farmers shall also be eligible for support. All costs identified under this paragraph shall be paid to the beneficiary."
Amendment 114 #
Proposal for a regulation Article 267 – paragraph 1 – point 2 d (new) Regulation (EU) No 1305/2013 Article 15 – paragraph 8 2d. In Article 15, paragraph 8 is replaced by the following: "8. Support under points (a) and (c) of paragraph 1 shall be limited to the maximum amounts laid down in Annex II. Support under point (b) of paragraph 1 shall be degressive over a maximum period of five years from setting up.
Amendment 115 #
Proposal for a regulation Article 267 – paragraph 1 – point 3 Regulation (EU) No 1305/2013 Article 16 – paragraph 2 2. Support under this measure may also cover costs arising from information and promotion activities implemented by
Amendment 116 #
Proposal for a regulation Article 267 – paragraph 1 – point 4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, including the acquisition of technologies and agricultural machineries to be used as well by the farmers in an associated form, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments to the proposing beneficiary, in case of a solely farmer or in an associated juridical form, the input may also be a product not covered by Annex I to the TFEU on condition that the investment contributes to one or more of the Union priorities for rural development;
Amendment 117 #
Proposal for a regulation Article267– paragraph1– point4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex;
Amendment 118 #
Proposal for a regulation Article 267 – paragraph 1 – point 4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU
Amendment 119 #
Proposal for a regulation Article 267 – paragraph 1 – point 4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, including the acquisition of technologies and agricultural machineries to be used as well by the farmers in an associated form, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments to the proposing beneficiary, in case of a solely farmer or in an associated juridical form, the input may also be a product not covered by Annex I to the TFEU on condition that
Amendment 120 #
Proposal for a regulation Article 267 – paragraph 1 – point 4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, including the acquisition of technologies and agricultural machineries to be used by both solely or associated farmers, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments to the proposing beneficiary, in case of both solely and associated farmers, the input may also be a product not covered by Annex I to the TFEU on condition that the investment contributes to one or more of the Union priorities for rural development;
Amendment 121 #
Proposal for a regulation Article 267 – paragraph 1 – point 4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, including the acquisition of agricultural technologies and machinery used by farmers, collectively or otherwise, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments for the use of beneficiaries, whether individuals or groups, the input may also be a product not covered by Annex I to the TFEU on condition that the investment contributes to one or more of the Union priorities for rural development;
Amendment 122 #
Proposal for a regulation Article 267 – paragraph 1 – point 4 Regulation (EU) No 1305/2013 Article 17 – paragraph 1 – point b (b) concern the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex;
Amendment 123 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 2 Support under point (a) of paragraph 1 shall be conditional on the submission of a business plan. Implementation of the business plan shall start at the latest within
Amendment 124 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 1 The application for support under point (a)(i) of paragraph 1 shall be submitted
Amendment 125 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4– subparagraph 2 Support under point (a) of paragraph 1 shall be conditional on the submission of an agricultural business plan. Implementation of the business plan shall start at the latest within nine months from the date of the decision granting the aid.
Amendment 126 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 3 For young farmers receiving support under point (a)(i) of paragraph 1, implementation of the business plan shall start after the date of setting up. The business plan shall provide that the young farmer complies with Article 9 of Regulation (EU) No 1307/2013, regarding active farmers within
Amendment 127 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4– subparagraph 3 For young farmers receiving support under point (a)(i) of paragraph 1, implementation of the business plan shall start after the date of setting up. The business plan shall provide that the young farmer complies with Article 9 of Regulation (EU) No 1307/2013, regarding active farmers within 18 months from the date of the decision granting the aid. In no case will the aid received by the young farmer be linked to the establishment in the business plan of rigid minimum profit margins.
Amendment 128 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 283/2014 Article 3 – paragraph 8 – subparagraph 1 Member States
Amendment 129 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 5 Member States shall define upper and lower thresholds per beneficiary for allowing access to support under points (a)(i) and (a)(iii) of paragraph 1. The
Amendment 130 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 5 Member States
Amendment 131 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 5 Member States
Amendment 132 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point a Regulation (EU) No 1305/2013 Article 19 – paragraph 4 – subparagraph 5 Member States shall define upper and lower thresholds
Amendment 133 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point b Regulation (EU) No 1305/2013 Article 19 – paragraph 4a Amendment 134 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point c Regulation (EU) No 1305/2013 Article 19 – paragraph 5 5. Support under point (a) of paragraph 1 shall be paid in at least two instalments. Instalments may be degressive. The payment of the last instalment under points (a)(i) and (a)(ii) of paragraph 1 shall be conditional upon the correct implementation of the business plan
Amendment 135 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point b Regulation (EU) No 1305/2013 Article 19 – paragraph 4a 4a. By way of derogation from Article 37(1) of Regulation (EU) No 1303/2013, support under point (a)(i) of paragraph 1 may also be provided
Amendment 136 #
Proposal for a regulation Article 267 – paragraph 1 – point 5 – point c Regulation (EU) No 1305/2013 Article 19 – paragraph 5 (5) 5. Support under point (a) of paragraph 1 shall be paid in a
Amendment 137 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 Regulation (EU) No 1305/2013 Article 20 – paragraph 4 Amendment 138 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 a (new) Regulation (EU) No 1305/2013 Article 28 – paragraph 9 6a. In Article 28, paragraph 9 is replaced by the following: "9. Support may be provided for the conservation and for the sustainable use and development of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8. This support may not be limited to indigenous resources. Such commitments may be carried out by beneficiaries other than those referred to in paragraph 2."
Amendment 139 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 b (new) Regulation (EU) No 1305/2013 Article 29 – paragraph 1 6b. in Article 29, paragraph 1 is replaced by the following: "1. Support under this measure shall be granted, per hectare of agricultural area
Amendment 140 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 a (new) Regulation (EU) No 1305/2013 Article 31 – paragraph 2 – subparagraph 1a (new) 6a. In Article 31(2), the following subparagraph is inserted: "Member States may define additional objective and non-discriminatory criteria from 2018. They shall notify such a decision to the Commission before the 1st January 2018."
Amendment 141 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 b (new) Regulation (EU) No 1305/2013 Article 31 – paragraph 2 – subparagraph 1a(new) 6b. In Article 31 – paragraph 2, the following subparagraph is added: Member States may set additional objective and non-discriminatory criteria from 2018. They must notify such a decision to the Commission before 01 August 2017.
Amendment 142 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 b (new) Regulation (EU) No 1305/2013 Article 29 – paragraph 1 Amendment 143 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 b (new) Regulation (EU) No 1305/2013 Article 29 – paragraph 1 Amendment 144 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 b (new) Regulation (EU) No 1305/2013 Article 29 – paragraph 1 6b. In Article 29, paragraph 1 is replaced by the following: "1. Support under this measure shall be granted, per hectare of agricultural area and, in duly justified cases, per livestock units, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013
Amendment 145 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 b (new) Regulation (EU) No 1305/2013 6b. in Article 23, paragraph 1 is amended as follows: "1. Support under point (b) of Article 21(1) shall be granted to private land-holders, municipalities and their associations and shall cover the costs of establishment, regeneration and/or renovation and an annual premium per hectare to cover the costs of maintenance for a maximum period of five years."
Amendment 146 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 Regulation (EU) No 1305/2013 Article 20 – paragraph 4 Amendment 147 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 a (new) Regulation (EU) No 1305/2013 Article 23 – Heading Amendment 148 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point -i (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point a (–i) In Article 36 (1), point a is replaced by the following: "(a) financial contributions to premiums for crop, animal
Amendment 149 #
Proposal for a regulation Article 267 – paragraph 1 – point 6 c (new) Regulation (EU) No 1305/2013 Article 29 – paragraph 1 6c. in Article 29, paragraph 1 is amended as follows: "1. Support under this measure shall be granted, per hectare of agricultural area, and, where duly justified, per livestock unit, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013."
Amendment 150 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point -i (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point b (–i) in Article 36, in paragraph 1, point (a) is replaced by the following: "(a) financial contributions to premiums for crop, animal and plant insurance against economic losses to farmers caused by adverse climatic events, animal or plant diseases, pest infestation, or an environmental incident
Amendment 151 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point -i (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point a (–i) In Article 36 (1), point a is deleted.
Amendment 152 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point -i a (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point a (–ia) In article 36 (1), point a is replaced by the following: "(a) financial contributions to premiums for crop, animal and plant insurance against economic losses to farmers caused by adverse climatic events, animal or plant diseases, pest infestation, or an environmental incident
Amendment 153 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point i Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point c (c) an income stabilisation tool, in the form of financial contributions to mutual funds or for the payment of insurance premiums, providing compensation to farmers of all sectors for a severe drop in their income.;
Amendment 154 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point i Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point c (c) an income stabilisation tool, in the form of financial contributions to mutual funds and income insurance premiums, providing compensation to farmers of all sectors for a severe drop in their income.;
Amendment 155 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point i Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point c (c) an income stabilisation tool, in the form of financial contributions to mutual funds and to premiums for income insurance, providing compensation to farmers of all sectors for a severe drop in their income.;
Amendment 156 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point i Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point c (c) an income stabilisation tool, in the form of financial contributions to mutual funds and to premiums for income insurance, providing compensation to farmers of all sectors for a severe drop in their income
Amendment 157 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point i Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point c (c) an income stabilisation tool, in the form of financial contributions to mutual funds
Amendment 158 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point i Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point c (c) an income stabilisation tool,
Amendment 159 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – point d (d) an income stabilisation tool, in the form of financial contributions to mutual funds or for the payment of insurance premiums, providing compensation to farmers of a specific sector for a severe drop in their income.;
Amendment 160 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point d (d) an income stabilisation tool, in the form of financial contributions to mutual funds and income insurance premiums, providing compensation to farmers of a specific sector for a severe drop in their income.;
Amendment 161 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point d (d) an income stabilisation tool, in the form of financial contributions to mutual funds and to premiums for income insurance, providing compensation to farmers of a specific sector for a severe drop in their income.;
Amendment 162 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point d (d) an income stabilisation tool, in the form of financial contributions to mutual funds and to premiums for income insurance, providing compensation to farmers
Amendment 163 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point d (d) an income stabilisation tool, in the form of financial contributions to mutual funds
Amendment 164 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point d (d) a
Amendment 165 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii Regulation (EU) No 1305/2013 Article 36 – paragraph 1 – point d (d) an income stabilisation tool,
Amendment 166 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point a – point ii a (new) Regulation (EU) No 1305/2013 Article 36 – Paragraph 1 – point da (new) (iia) the following point (da) is added: (da) financial contributions to premiums for income insurance;
Amendment 167 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point b Regulation (EU) No 1305/2013 Article 36 – paragraph 3 Amendment 168 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point b Regulation (EU) No 1305/2013 Article 36 – paragraph 3 3. For the purpose of points (b), (c) and (d) of paragraph 1, 'mutual fund' means
Amendment 169 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point b a (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 3a (new) (ba) In Article 36 (3), the following paragraph is added: 3a Member States shall ensure that beneficiaries of all support under this measure, outlined under points ( a - d ) of paragraph 1, commit to take steps to mitigate the negative effects of events that they apply to be insured or covered against. Specifically, cover against flooding and drought shall be granted upon fulfilment of practices that ensure vegetative soil cover, improve topsoil or include trees and similar landscape features, while cover against pest attack shall be contingent upon ensuring spatial and temporal diversity in cropping and land use patterns to break pest cycles in vegetation and soils, limiting the extent of monocultures to avoid susceptibility to pests, with applicability to Articles 37, 38, 39 and 39a.
Amendment 170 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point b a (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 3a (new) (ba) In Article 36 (3), the following paragraph is added: 3a Member States shall ensure that beneficiaries of all support under this measure, outlined under points ( a - d ) of paragraph 1, are in line with all relevant cross compliance and good agricultural practice that would mitigate the negative effects of events that they apply to be insured or covered against. This provision shall prevent the situation where there are increasingly used risk management tools for losses that could have been prevented should the recognized preventive cropping pattern been used.
Amendment 171 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point c Regulation (EU) No 1305/2013 Article 36 – paragraph 5 – suparagraph 2 Amendment 172 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point c Regulation (EU) No 1305/2013 Article 36 – paragraph 5 – subparagraph 2 Amendment 173 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point c Regulation (EU) No 1305/2013 Article 36 – paragraph 5 – subparagraph 2 Amendment 174 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point c a (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 5 – subparagraph 2 Amendment 175 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 a (new) Regulation (EU) No 1305/2013 Article 37 – paragraph 1 7a. In Article 37, paragraph 1 is replaced by the following: "Support under point (a) of Article 36(1) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event, or by an animal or plant disease, or a pest infestation, or an environmental incident or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease, or pest which destroys more than
Amendment 176 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 a (new) Regulation (EU) No 1305/2013 Article 37 – paragraph 1 – subparagraph 1 Amendment 177 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 a (new) Regulation (EU) No 1305/2013 Article 37 – Heading 7a. In Article 37, the heading is replaced by the following: "Crop, animal,
Amendment 178 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 a (new) Regulation (EU) No 1305/2013 Article 37 – paragraph 1 – subparagraph 2 – point ba (new) 7a. in Article 37, in the second subparagraph of paragraph 1, the following point is inserted: "(ba) production indices, based for example on georeferencing systems and expert evaluations of average production, may be used to calculate a farmer's annual production."
Amendment 179 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 a (new) Regulation (EU) No 1305/2013 Article 37 7a. Article 37 is deleted.
Amendment 180 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 – point c a (new) Regulation (EU) No 1305/2013 Article 36 – paragraph 5 – subparagraph 2 (ca) In Article 36, paragraph 5, subparagraph 2 is replaced by the following: "The Commission shall present a report on the implementation of this Article to the European Parliament and the Council by 31 December 201
Amendment 181 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 b (new) Regulation (EU) No 1305/2013 Article 37 – paragraph 1 – subparagraph 1a (new) 7b. In Article 37(1), the following sub- paragraph is added: Similarly, support under point (a) of Article 36(1) shall also be granted for insurance contracts which cover for income loss of more than 30% of the average annual income of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Income for the purposes of point (a) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Indexes may be used in order to calculate the annual production or the income of the farmer. The calculation method used shall permit the fair estimation of the actual loss of an individual farmer in a given year.
Amendment 182 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 c (new) Regulation (EU) No 1305/2013 Article 37 – paragraph 1 – subparagraph 2 – point ba (new) 7c. In Article 37(1), the following point is added: (ba) economic indexes (production level and prices)
Amendment 183 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 d (new) Regulation (EU) No 1305/2013 Article 38 – paragraph 3 – point b 7d. In Article 38(3), point b is replaced by the following : "(b) the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis
Amendment 184 #
Proposal for a regulation Article 267 – paragraph 1 – point 7 e (new) Regulation (EU) No 1305/2013 Article 38 – paragraph 3 – point ba (new) 7e. In Article 38(3), the following point is added: (ba) supplementing the annual payments into the fund.
Amendment 185 #
Proposal for a regulation Article 267 – paragraph 1 – point 8 a (new) Regulation (EU) No 1305/2013 Article 38 – paragraph 3 – subparagraph 1a (new) 8a. In Article 38(3), the following subparagraph is added: The financial contributions under point (b) and (c) can be cumulated or mutually exclusive as long as the total amount of contribution is limited to the maximum support rate laid down in Annex II
Amendment 186 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point a Regulation (EU) No 1305/2013 Article 39 – Heading Article 39 Income stabilisation
Amendment 187 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point a Regulation (EU) No 1305/2013 Article 39 – Heading Article 39 Income insurance and stabilisation tool for farmers of all sectors
Amendment 188 #
(aa) in Article 39, paragraph 1 is replaced by the following: "1. Support under point (c) of Article 36(1) shall only be granted where the
Amendment 189 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point a a (new) Regulation (EU) No 1305/2013 Article 39 – paragraph 1 (aa) In Article 39, paragraph 1 is replaced by the following: "1. Support under point (c) of Article 36(1) shall only be granted where the drop of income exceeds
Amendment 190 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point a a (new) Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point b (aa) In Article 39 (4), point b is replaced by the following: "(b) the amounts paid by the mutual fund as financial compensation to farmers in case of loss or as the annual contribution to the same fund. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis.
Amendment 191 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point a b (new) Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point b (ab) in Article 39, in paragraph 4, point (b) is replaced by the following: "(b) the amounts paid by the mutual fund as financial compensation to farmers
Amendment 192 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point a b (new) Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point b (ab) In Article 39 (4), point b is replaced by the following: "(b) the amounts paid by the mutual fund as financial compensation to farmers in case of loss or as the annual contribution to the same fund. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis.
Amendment 193 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point b Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point b Amendment 194 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point b Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point b Amendment 195 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point b Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point b Amendment 196 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point b a (new) Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point ba (new) (ba) In Article 39, in paragraph 4, the following point is inserted: "(ba) insurance contracts."
Amendment 197 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point b a (new) Regulation (EU) No 1305/2013 Article 39 – paragraph 4 – point ba (new) (ba) In article 39(4), the following point is added: (ba) supplementing the annual payments into the fund
Amendment 198 #
Proposal for a regulation Article 267 – paragraph 1 – point 9 – point b a (new) Reg. UE 1305/2013 Article 39 – paragraph 4 – point ba (new) (ba) In Article 39, paragraph 4, the following point is added: ba) premium insurance contracts.
Amendment 199 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – Heading Article 39a Income stabilisation
Amendment 200 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – Heading Article 39a Income insurance and stabilisation tool for farmers of a specific sector
Amendment 201 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – Heading Article 39a Income insurance and stabilisation tool for farmers of a specific sector
Amendment 202 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – Heading Article 39a Income insurance and stabilisation tool for farmers of a specific sector
Amendment 203 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – paragraph 1 1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income related to the specific production for which the income stabilisation tool has been set up exceeds 20 % of the average annual income of the individual farmer for this specific production in the preceding three- year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market for this specific production, including any form of public support, deducting input costs associated to this specific production. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual income loss of the farmer. The index calculation method used shall permit the fair estimation of the actual income loss of an individual farmer of a specific sector in a given year.
Amendment 204 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. For small and medium-sized farms, aid will be granted when the loss in income exceeds 10% and payments will cover total losses. This instrument of stabilization will depend directly on the budget of the European Union and not on mutual funds.
Amendment 205 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – paragraph 1 1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income exceeds a threshold of at least 20 % of the average annual income of the
Amendment 206 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – paragraph 1 1. Support under point (d) of Article 36(1), for insurance contracts and mutual funds, shall only be granted in duly justified cases and where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three-year period or a three- year average based on the preceding five- year period excluding the highest and lowest entry. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs.
Amendment 207 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – paragraph 1 1. Support under point (d) of Article 36(1) shall only be granted
Amendment 208 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Reg. UE 1305/2013 Article 39a – paragraph 1 1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes or indicators, which may refer for example to revenues, prices, quantities and/or costs, may be used to calculate the actual loss of turnover or revenues per farmer.
Amendment 209 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 45 – paragraph 1 1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income exceeds 20 % of the average annual
Amendment 210 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 Regulation (EU) No 1305/2013 Article 39a – paragraph 1 1. Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop of income exceeds
Amendment 211 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 a (new) Regulation (EU) No 1305/2013 Article 39a – paragraph 1a (new) 1a. By way of derogation to paragraph 1, Member States may decide to apply a drop of income threshold of 30%. They will notify the European Commission about this decision.
Amendment 212 #
Proposal for a regulation Article 267 – paragraph 1 – point 10 a (new) Regulation (EU) No 1305/2013 Article 39b (new) 10a. The following Article 39b is inserted: Article 39b Income insurance 1. Support under point (da) of Article 36(1) shall only be granted for insurance contracts which cover for income loss exceeding 30 % of the average annual income of the individual farmer in the preceding three-year period or a three- year average based on the preceding five- year period excluding the highest and lowest entry. Income for the purposes of point (da) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Indexes may be used to calculate the annual loss of income of the farmer. 2. Support shall be limited to the maximum rate laid down in Annex II.
Amendment 213 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point a Regulation (EU) No 1035/2013 Article 45 – paragraph 5 5. W
Amendment 214 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point a Regulation (EU) No 1305/2013 Article 45 – paragraph 5 5. Working capital that is ancillary to, and linked to a new investment, which receives EAFRD support through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, may be eligible expenditure. Such eligible expenditure shall not exceed
Amendment 215 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point b Regulation (EU) No 1305/2013 Article 45 – paragraph 7 Amendment 216 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point b Regulation (EU) N°1305/2013 Article 45 – paragraph 7 Amendment 217 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point b Regulation (EU) N°1305/2013 Article 45 – paragraph 7 7. Paragraphs
Amendment 218 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point b Regulation (EU) N°1305/2013 Article 45 – paragraph 7 7. Paragraphs
Amendment 219 #
Proposal for a regulation Article 267 – paragraph 1 – point 11 – point b a (new) Regulation (EU) N°1305/2013 Article 45 – paragraph 7a (new) (ba) in Article 45, the following paragraph is added: "7a. Financial instruments under shared management shall comply with high standards of transparency, accountability and democratic scrutiny."
Amendment 220 #
Proposal for a regulation Article 267 – paragraph 1 – point 12 a (new) Regulation (EU) No 1035/2013 Article 49 – paragraph 3 Amendment 221 #
Proposal for a regulation Article 267 – paragraph 1 – point 12 – point c Regulation (EU) No 1305/2013 Article 49 – paragraph 4a Amendment 222 #
Proposal for a regulation Article 267 – paragraph 1 – point 12 a (new) Regulation (EU) No 1305/2013 Article 58 – paragraph 1 12a. in Article 58, paragraph 1 is replaced by the following: ""1. Without prejudice to paragraphs 5, 6 and 7 of this Article, the total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020 shall be EUR 84 936 million, in 2011 prices, in accordance with the multiannual financial framework for the years 2014 to 2020.
Amendment 223 #
Proposal for a regulation Article 267 – paragraph 1 – point 13 – point c Amendment 224 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point a Regulation (EU) No 1305/2013 Article 60 – paragraph 1 Amendment 225 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point a 1. By way of derogation from Article 65(9) of Regulation (EU) No 1303/2013, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events
Amendment 226 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point a Regulation (EU) No 1305/2013 Article 60 – paragraph 1 1. By way of derogation from Article 65(9) of Regulation (EU) No 1303/2013, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socio-economic conditions of the Member State or region, including significant and sudden
Amendment 227 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point a Regulation (EU) No 1305/2013 Article 60 – paragraph 1 1. By way of derogation from Article 65(9) of Regulation (EU) No 1303/2013, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socio-economic conditions of the Member State or region,
Amendment 228 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point b Regulation (EU) No 1305/2013 Article 60 – paragraph 2 With the exception of general costs as defined in Article 45(2)(c), in respect of investment operations under measures falling within the scope of Article 42 TFEU, only expenditure which has been incurred after an application has been submitted to the competent authority shall be considered eligible. However, Member States may provide in their programme that expenditure which is related to emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socio-economic conditions of the Member State or region,
Amendment 229 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point b Regulation (EU) No 1305/2013 With the exception of general costs as defined in Article 45(2)(c), in respect of investment operations under measures falling within the scope of Article 42 TFEU, only expenditure which has been incurred after an application has been submitted to the competent authority shall be considered eligible.
Amendment 230 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point b Regulation (EU) No 1305/2013 Article 60 – paragraph 2 With the exception of general costs as defined in Article 45(2)(c), in respect of investment operations under measures
Amendment 231 #
Proposal for a regulation Article 267 – paragraph 1 – point 14 – point b b (new) Regulation (EU) No 1305/2013 Article 60 – paragraph 3 (bb) paragraph 3 is replaced by the following: "3. Paragraphs 1 and 2 shall not apply to Article
Amendment 232 #
Proposal for a regulation Article 267 – paragraph 1 – point 15 Regulation (EU) No 1305/2013 Article 62 – paragraph 2 2. Where aid is granted on the basis of standard costs or additional costs and income foregone in accordance with in points (a) and (b) of Article 21(1) of this Regulation
Amendment 233 #
Proposal for a regulation Article 267 – paragraph 1 – point 15 Regulation (EU) No 1305/2013 Article 62 – paragraph 2 2. Where aid is granted on the basis of standard costs or additional costs and income foregone in accordance with in points (a) and (b) of Article 21(1) of this Regulation
Amendment 234 #
Proposal for a regulation Article 267 – paragraph 1 – point 16 Regulation (EU) No 1305/2013 Article 74 - point a Amendment 235 #
Proposal for a regulation Article 267 – paragraph 1 – point 16 a (new) Regulation (EU) No 1305/2013 Annex II – Article 39b (new) 16a. In Annex II, the following line is inserted after 38(5): Article 39b(2) Income insurance Maximum amount in EUR or rate : 70 % of the insurance premium due
Amendment 236 #
Proposal for a regulation Article 267 – paragraph 1 – point 16 b (new) Regulation (EU) No 1305/2013 Annex II – Article 17(3) 16b. In Annex II, Article 17(3), column 4, Processing and marketing of products listed in Annex I to the TFEU, line 4 is replaced by the following: "Article: 17(3) Subject: Investment in physical assets
Amendment 237 #
Proposal for a regulation Article 268 – paragraph -1 (new) Regulation (EU) No 1306/2013 Article 25 – paragraph 2 –1 In Article 25, paragraph 2 is replaced by the following: " The total amount of the annual reserve shall be EUR
Amendment 238 #
–1. The following Article 9a is inserted: " Article 9a Materiality threshold Checks by paying agencies and certifying authorities shall allow for a materiality threshold for a tolerable risk of error. The materiality threshold shall be 4%."
Amendment 239 #
Proposal for a regulation Article 268 – paragraph 1 – point -1 (new) Regulation (EU) No. 1306/2013 Article 9 – paragraph 1 – subparagraph 1 –1. In Article 9 (1), subparagraph 1 is replaced by the following "The certification body shall be a public or private audit body designated by the Member State. Where it is a private audit body, and the applicable Union or national law so requires, it shall be selected by the Member State by means of a public tendering procedure. It shall provide an opinion, drawn up in accordance with internationally accepted audit standards, on the completeness, accuracy and veracity of the annual accounts of the paying agency, on the proper functioning of its internal control system and on the legality and regularity of the expenditure for which reimbursement has been requested from the Commission. That opinion shall also state whether the examination puts in doubt the
Amendment 240 #
Proposal for a regulation Article 268 – paragraph 1 – point 1 – point b Regulation (EU) No 1306/2013 Article 26 – paragraph 5 – subparagraph 1 Amendment 241 #
Proposal for a regulation Article 268 – paragraph 1 – point 1 – point b Regulation (EU) No 1306/2013 Article 26 – paragraph 5 – subparagraph 2 Amendment 242 #
Proposal for a regulation Article 268 – paragraph 1 – point 1 a (new) Regulation (EU) No 1306/2013 Article 26 – paragraph 7a (new) 1a. In Article 26, following paragraph is added: 7a. The reimbursement referred to in the first and sixth subparagraph shall only apply to final beneficiaries in the financial year 2021 in those Member States where financial discipline applied in the preceding financial years". Final reimbursement will be done at the end of financial period for those beneficiaries who applied for the direct support in 2020 ( financial year 2021).
Amendment 243 #
Proposal for a regulation Article 268 – paragraph 1 – point 3 Regulation (EU) No 1306/2013 Article 43 – paragraph 1 – point a (a) sums which, under Articles 40
Amendment 244 #
Proposal for a regulation Article 268 – paragraph 1 – point 3 Regulation (EU) No 1306/2013 Article 43 – paragraph 1 – point a (a) sums which, under Articles 40
Amendment 245 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 Amendment 246 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 Amendment 247 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 Amendment 248 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 Amendment 249 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – pragraph 2 Amendment 250 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 Amendment 251 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 – subparagraph 1 Amendment 252 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 Regulation (EU) No 1306/2013 Article 54 – paragraph 2 – subparagraph 1 If recovery has not taken place within four years from the date of the recovery request, or within eight years where recovery is taken in the national courts, 50 % of the financial consequences of the non- recovery shall be borne by the Member State concerned and 50 % by the Union's budget, without prejudice to the requirement that the Member State concerned must pursue recovery procedures in compliance with Article 58.
Amendment 253 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 a (new) Regulation (EU) No 1306/2013 Article 54 – paragraph 3 – point ba (new) Amendment 254 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 a (new) Regulation (EU) No 1306/2013 Article 54 – paragraph 3 – subparagraph 1 4a. In Article 54(3), first subparagraph is replaced by the following: "3. On duly justified grounds, Member States may decide not to pursue recovery. A decision to this effect may be taken
Amendment 255 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 a (new) Regulation (EU) No 1305/2013 Article 54 – paragraph 3 – point a – point i 4a. in Article 54 (3) subparagraph (a) is replaced by the following "(i) the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed EUR
Amendment 256 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 b (new) Regulation (EU) No 1306/2013 Article 54 – paragraph 3 – subparagraph 2 Amendment 257 #
Proposal for a regulation Article 268 – paragraph 1 – point 4 b (new) Regulation (EU) No 1306/2013 Article 54 – paragraph 3 – point a – point i 4b. In Article 54(3), in point a, the point i is replaced by the following: "(i) the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed EUR
Amendment 258 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 Regulation (EU) No. 1306/2013 Article 63 – paragraph 1 – subparagraph 1a (new) Where the non-compliance concerns national or Union rules on public procurement, the part of the aid not to be paid or to be withdrawn shall be determined on the basis of the gravity of the non-compliance and in accordance with the principle of proportionality, taking into account the relevant
Amendment 259 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 Regulation (EU) No 1306/2013 Article 63 – paragraph 1– subparagraph 1a (new) Where the non-compliance concerns national or Union rules on public procurement, the part of the aid not to be paid or to be withdrawn shall be determined on the basis of the gravity of the non-compliance and in accordance with the principle of proportionality, taking into account the relevant
Amendment 260 #
5d. In Article 72, paragraph 2 is replaced by the following: "2. By way of derogation from point (a) of paragraph 1, Member States may decide that: (a) agricultural parcels of an area of up to 0,1 ha on which an application for payment is not made, do not need to be declared, provided that the sum of such parcels does not exceed 1 ha, and/or may decide that a farmer who does not apply for any area- based direct payment does not have to declare his agricultural parcels in the case where the total area does not exceed 1 ha. In all cases, the farmer shall, indicate in his application that he has agricultural parcels at his disposal and at the request of the competent authorities, shall indicate their location
Amendment 261 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 b (new) Regulation (EU) No 1306/2013 Article 75 – paragraph 1 – subparagraph 4 5b. In Article 75(1), subparagraph 4 is replaced by the following: "With regard to support granted under rural development, as referred to in Article 67(2), this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 20
Amendment 262 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 b (new) Regulation (EU) No 1306/2013 Article 77 – paragraph 6 5b. Article 77(6) is deleted
Amendment 263 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 e (new) Regulation (EU) No 1306/2013 Article 77 – paragraph 7 – point a 5e. In Article 77(7), point a is replaced by the following: " (a) identifying, for each aid scheme or support measure and person concerned as referred to in paragraph 3 from the list set out in paragraph 4 and within the limits laid down in paragraph
Amendment 264 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 a (new) Regulation (EU) No 1306/2013 Article 118a (new) 5a. The following Article is inserted after the Article 118: "Article 118a Retroaction ban 1. Changes to the sector specific regulations as well as to the Commission's guidance notes may have effect only for the future. 2. Retroactive effect may be allowed only in the case of absolute exception. The possibility of transitional arrangements without sanctions shall duly be considered."
Amendment 265 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 a (new) Regulation (EU) No 1306/2013 Article 118a (new) 5a. The following Article is inserted after the Article 118: "Article 118a Retroaction ban 1. Changes to the regulations as well as to the guidelines, working tools, or any other documents of the Commission with direct and indirect external effects, as well as previous interpretations of provisions by institutions and bodies of the European Union as well as of the certifying body and paying agencies of the Commission may have burdensome effect only for the future.
Amendment 266 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 c (new) Regulation (EU) No 1306/2013 Annex II – Public health – Identification and registration of animals – SMR 6–8 5c. In Annex II, Public health animal health and plant health, Identification and registration of animals, SMR 6,7 and 8 are deleted
Amendment 267 #
Proposal for a regulation Article 268 – paragraph 1 – point 5 d (new) Regulation (EU) No 1306/2013 Annex II – Public health – Plan protection products – SMR 10 5d. In Annex II, Public health, animal health and plant health, Plan protection products, SMR 10 is deleted
Amendment 268 #
Proposal for a regulation Article 268 – paragraph 1 e (new) Regulation (EU) No 1306/2013 Article 26 – paragraph 6 Amendment 269 #
Proposal for a regulation Article 268 – paragraph 1 f (new) Regulation (EU) No 1306/2013 Article 26 – paragraph 7 In Article 26, paragraph 7 is replaced by the following: "7. When applying this Article, the amount of the reserve for crises in the agricultural
Amendment 270 #
Proposal for a regulation Article 269 – paragraph 1 – point -1 (new) Regulation (EU) No 1307/213 Article 4 – paragraph 1 – point k – subparagraph 1a (new) -1. In Article 4, paragraph 1, point k, a second subparagraph is inserted: “This definition also covers poplars grown on land parcels with a maximum harvest cycle of 15 years;”
Amendment 271 #
Proposal for a regulation Article 269 – paragraph 1 – point -1 (new) Regulation (EU) No 1307/2013 Article 4 – paragraph 1 – point h -1. In Article 4, paragraph 1, point (h) is replaced by the following: “h) “permanent grassland and permanent pasture” (together referred to as “permanent grassland”“) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more; it may include other species such as shrubs and/or trees which can be grazed and other non-fodder sources of feed for livestock, provided that
Amendment 272 #
Proposal for a regulation Article 269 – paragraph 1 – point -1 (new) Regulation (EU) N° 1307/2013 Article 4 – paragraph 1 – point h Amendment 273 #
Proposal for a regulation Article 269 – paragraph 1 – point -1 a (new) Regulation (EU) No 1307/2013 Article 4 – paragraph 1 – point i -1a. In Article 4, paragraph 1, point (i) is replaced by the following: “grasses or other herbaceous or woody forage” means all herbaceous or woody plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals;”
Amendment 274 #
Proposal for a regulation Article 269 – paragraph 1 – point -1 a (new) Regulation (EU) N° 1307/2013 Article 4 – paragraph 1 – point i Amendment 275 #
Proposal for a regulation Article 269 – paragraph 1 – point 1 a (new) Regulation (EU) N° 1307/2013 Article 9 – paragraph 3a (new) 1 a. In Article 9, the following paragraph is inserted: 3a. Member States may decide that natural or legal persons, or groups of natural or legal persons, who are registered as farmers in any national public register - being a single public register or the linkage of different national registers - to be identified as active farmers.
Amendment 276 #
Proposal for a regulation Article 269 – paragraph 1 – point 1 a (new) Regulation (EU) 1307/2013 Article 9 – paragraph 3a (new) 1 a. In Article 9, the following paragraph is added: 3a. Member States may decide to use national public registers to identify natural or legal persons, or groups of natural or legal persons, as active farmers.
Amendment 277 #
Proposal for a regulation Article 269 – paragraph 1 – point 1 a (new) Regulation (EU) N° 1307/2013 Article 4 – paragraph 1 – point i 1 a. In Article 4(1), point (i) is replaced by the following : “(i)
Amendment 278 #
Proposal for a regulation Article 269 – paragraph 1 – point 1 a (new) Regulation (EU) No 1307/2013 Article 4 – paragraph 1 – point h 1 a. In Article 4 (1), the point h is replaced by the following: “(h)
Amendment 279 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) N° 1307/2013 Article 9 Amendment 280 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) N° 1307/2013 Article 9 – paragraph 7 Amendment 281 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 7 Amendment 282 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 7 Amendment 283 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Amendment 284 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 7 Amendment 285 #
Amendment 286 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 8 Amendment 287 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) N° 1307/2013 Article 9 – paragraph 8 Amendment 288 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 8 Amendment 289 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) N° 1307/2013 Article 9 – paragraph 8 Amendment 290 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 8 Amendment 291 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 8 Amendment 292 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 Regulation (EU) No 1307/2013 Article 9 – paragraph 8 Amendment 293 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 a (new) Regulation (EU) No 1307/2013 Article 11 – paragraph 1 Amendment 294 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 a (new) Regulation (EU) No 1307/2013 Article 11 – paragraph 1 2 a. Article 11, paragraph 1 is replaced by the following: “1. Member States shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a given calendar year by at least 50 % for the part of the amount exceeding EUR 150 000.”
Amendment 295 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 b (new) Regulation (EU) No 1307/2013 Article 11 – paragraph 6 2 b. In Article 11, paragraph 6 is replaced by the following: “6. Member States shall notify the Commission by 1 August 2014 of the decisions taken in accordance with this Article and of any estimated product of reductions for the years 2015 to 2019.
Amendment 296 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 a (new) Regulation (EU) No 1307/2013 Article 11 – paragraph 6a (new) Amendment 297 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 e (new) Regulation (EU) No 1307/2013 Article 25 – paragraph 4 Amendment 298 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 f (new) Regulation (EU) No 1307/2013 Article 25 – paragraph 7 2f. In Article 25, paragraph 7 is replaced by the following: “(7) In order to finance the increases in the value of payment entitlements referred to in paragraph 4, where payment entitlements have an initial unit value higher than the national or regional unit value in 2019, the difference between their initial unit value and the national or regional unit value in 2019 shall be decreased on the basis of objective and non-discriminative criteria to be determined by Member States. Such criteria may include the fixing of a maximum decrease of the initial unit value of
Amendment 299 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 g (new) Regulation (EU) No 1307/2013 Article 25 – paragraph 8 2g. In Article 25, paragraph 8 is replaced by the following: “(8) When applying paragraph 2 of this Article, the transition from the initial unit value of payment entitlements as calculated in accordance with Article 26 to their final unit value in 2019 as established in accordance with paragraph 3 or paragraphs 4 to 7 of this Article shall be made in
Amendment 300 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 a (new) Regulation (EU) No 1307/2013 Article 30 – Paragraph 7 – point f a (new) 2a. In Article 30, paragraph 7 the following point is inserted: fa) increase the value of the payment entitlements to the value of the national or regional average under paragraph 8, subparagraph 2 of this Article following a severe natural disaster seriously affecting the holding and compromising the normal course of activities;
Amendment 301 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 d (new) Regulation (EU) No 1307/2013 Article 30 – paragraph 8 – subparagraph 1 2d. in Article 30(8), the first subparagraph is replaced by the following: “8. When applying paragraph 6 and points (a), (b), (c) and (
Amendment 302 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 c (new) Regulation (EU) No 1307/2013 Article 30 – Paragraph 10 2c. in Article 30, paragraph 10 is amended as follows: “10. When applying paragraph 6
Amendment 303 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 a (new) Regulation (EU) No 1307/2013 Article 33 – paragraph 1 2 a. In Article 33, paragraph 1 is replaced by the following: “1. For the purposes of the activation of payment entitlements provided for in Article 32(1), the farmer shall declare the parcels and the legal owner thereof corresponding to the eligible hectares accompanying any payment entitlement. Except in the case of force majeure or exceptional circumstances, the parcels declared shall be at the farmer’s disposal on a date fixed by the Member State, which shall be no later than the date
Amendment 304 #
Proposal for a regulation Article 269 – paragraph 1 – point 2 h (new) Regulation (EU) No 1307/2013 Article 34 – paragraph 7 – subparagraph 1 2h. In Article 34(3), the first subparagraph is replaced by the following: “(3) Member States not exercising the option in Article 23(1) may decide that payment entitlements may be transferred or activated only within the same region or within the Member State’s mountain area, except in the case of actual or anticipated inheritance.”
Amendment 305 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 Regulation (EU) No 1307/2013 For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of
Amendment 306 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 Regulation (EU) No 1307/2013 Article 36 – paragraph 4 For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of
Amendment 307 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 41 – paragraph 4 3 b. In Article 41, paragraph 4 is replaced by the following: “4. The redistributive payment shall be calculated each year by Member States by multiplying
Amendment 308 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 41 – paragraph 5 3 c. Article 41, paragraph 5 is deleted.
Amendment 309 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 44 – Heading Amendment 310 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 44 – paragraph 1– subparagraph 1 3 a. In Article 44 (1), the subparagraph 1 is replaced by the following: “1. Where the arable land of the farmer covers between 1
Amendment 311 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 44 – paragraph 1 3 b. In article 44, paragraph 1 is replaced by the following : “1. Where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under
Amendment 312 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 3a. In Article 44, paragraph 2 is replaced by the following: “2. Without prejudice to the number of crops required pursuant to paragraph 1, the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow or cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle cover more than 75 % of the arable land. In such cases, the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land, except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow.”
Amendment 313 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 44 – paragraph 3 Amendment 314 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 44 – paragraph 4 – subparagraph 2 3 b. In Article 44 (4), the subparagraph 2 is replaced by the following: “Winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus.
Amendment 315 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 44 – paragraph 5 a (new) Amendment 316 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 45 – paragraph 1 – subparagraph 1 3b. In Article 45(1), paragraph 1 is replaced by the following: “1. Member States shall designate permanent grasslands which are environmentally sensitive in areas covered by Directives 92/43/EEC or 2009/147/EC, including in peat and wetlands situated in these areas, and which need strict protection in order to meet the objectives of those Directives.
Amendment 317 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 d (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 1 – subparagraph 1a (new) Amendment 318 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 d (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – introductory part Amendment 319 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – point j Amendment 320 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – point ja (new) 3a. In Article 46(2), the following point is added: ja) land left fallow for melliferous plants (pollen and nectar rich species).
Amendment 321 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – point ja (new) 3a. Article 46(2) is replaced by the following: “ja) areas with wild grasses;”
Amendment 322 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – point ja (new) 3 a. In Article 46 (2), the following point is added: ja) White mustard
Amendment 323 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – point jb (new) 3 b. In Article 46(2), the following point is added: j b) Fodder Radish
Amendment 324 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 2 – point ja (new) 3 b. In Article 46(2), the following point is added: “(ja) areas with hemp”
Amendment 325 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 f (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 3 Amendment 326 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 g (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 4 – introductory part 3 g. In article 46 (4), the introduction part is replaced by the following : “4. Paragraph 1 shall
Amendment 327 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 9 – point b 3b. In Article 46(9), point (b) is deleted.
Amendment 328 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 9a (new) Amendment 329 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 2a (new) 3 a. In Article 50, the following paragraph is added: 2a. Member States may decide not to grant payment for young farmers to legal persons.
Amendment 330 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 5 3 c. In Article 50, the paragraph 5 is replaced by the following: “5. The payment for young farmers shall be granted per farmer for a maximum period of five years.
Amendment 331 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 3a. In Article 50, paragraph 6 is amended as follows: “6. Each year, Member States not applying Article 36 shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to: a)
Amendment 332 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 – point a Amendment 333 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 – point a Amendment 334 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 a (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 – point a Amendment 335 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 – point b Amendment 336 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 – point b Amendment 337 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 6 – point b Amendment 338 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 7 3b. In Article 50, paragraph 7 is replaced by the following: “7. Member States applying Article 36 shall each year calculate the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 339 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 7 3 c. In Article 50, paragraph 7 is replaced by the following: “7. Member States applying Article 36 shall each year calculate the amount of the payment for young farmers by multiplying a figure corresponding
Amendment 340 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 7 3c. In Article 50, paragraph 7 is replaced by the following: Member States applying Article 36 shall each year calculate the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 341 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 3c. In Article 50, paragraph 7 is replaced by the following: Member States applying Article 36 shall each year calculate the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 342 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 d (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 8 – subparagraph 1 3 d. In Article 50(8), subparagraph 1 is replaced by the following: “8. By way of derogation from the paragraphs 6 and 7, Member States may calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 343 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 c (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 8 – subparagraph 1 3c. In Article 50(8), the first paragraph is replaced by the following: “8. By way of derogation from the paragraphs 6 and 7, Member States may calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 344 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 d (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 8 – subparagraph 1 3d. In Article 50, paragraph 8 is replaced by the following: By way of derogation from the paragraphs 6 and 7, Member States may calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 345 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 d (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 8 – subparagraph 1 3d. In Article 50, paragraph 8 is replaced by the following: By way of derogation from the paragraphs 6 and 7, Member States may calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to
Amendment 346 #
Proposal for a regulation Article 269 – paragraph 1 – point 3 b (new) Regulation (EU) No 1307/2013 Article 46 – paragraph 9 3b. In Article 46, paragraph 9 is deleted.
Amendment 347 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 Regulation (EU) No 1307/2013 Article 50 – paragraph 9 Amendment 348 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 Regulation (EU) No 1307/2013 Article 50 – paragraph 9 Amendment 349 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 Regulation (EU) No 1307/2013 Article 50 – paragraph 9 4.
Amendment 350 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 b (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 9 Amendment 351 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 d (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 9a (new) 4d. in Article 50, the following paragraph is inserted: 9a. Member States may set a single maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer. Member States shall respect that limit when applying paragraphs 6, 7 and 8.
Amendment 352 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 d (new) Regulation (EU) No 1307/2013 4d. in Article 50, the following paragraph is inserted: 9a. Member States may set a single maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer. Member States shall respect that limit when applying paragraphs 6, 7 and 8.
Amendment 353 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 a (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 10 – subparagraph 1 4a. In Article 50(10), the first paragraph is replaced by the following: “10. Instead of applying paragraphs 6 to 9, Member States may allocate an annual lump sum amount per farmer calculated by multiplying a fixed number of hectares by a figure corresponding to
Amendment 354 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 f (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 10 – subparagraph 1 4f. In Article 50(10), the first subparagraph is replaced by the following: Instead of applying paragraphs 6 to 9, Member States may allocate an annual lump sum amount per farmer calculated by multiplying a fixed number of hectares by a figure corresponding to
Amendment 355 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 f (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 10 – subparagraph 1 4f. In Article 50(10), the first subparagraph is replaced by the following: Instead of applying paragraphs 6 to 9, Member States may allocate an annual lump sum amount per farmer calculated by multiplying a fixed number of hectares by a figure corresponding to
Amendment 356 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 i (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 10 – subparagraph 1 4 i. In Article 50 (10), subparagraph 1 is replaced by the following: “10. Instead of applying paragraphs 6 to 9, Member States may allocate an annual lump sum amount per farmer calculated by multiplying a fixed number of hectares by a figure corresponding to
Amendment 357 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 b (new) Regulation (EU) No 1307/2013 Amendment 358 #
Proposal for a regulation Article 269 – paragraph 1 – point 4 b (new) Regulation (EU) No 1307/2013 Article 50 – paragraph 11 – subparagraph 1a (new) 4b. In Article 50(11), the following paragraph is added: Notwithstanding the previous paragraph, Member States shall ensure that young farmers who join a legal person in the form of a holding with a group structure, such as a cooperative, do not lose their entitlements. Member States shall therefore identify the proportional share in the structure corresponding to the young farmer for the purposes of designating his or her entitlements.
Amendment 359 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 Regulation (EU) No 1307/2013 Article 51 – paragraph 3 Amendment 360 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) N° 1307/2013 Article 52 – paragraph 2 Amendment 361 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 2 5 a. In Article 52, paragraph 2 is replaced by the following: “2. Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables
Amendment 362 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 2 5a. In Article 52, paragraph 2 is replaced by the following: Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, eggs, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, pork, chicken, olive oil, silk worms, dried fodder, hops, sugar beet,
Amendment 363 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 2 5a. In Article 52, paragraph 2 is replaced by the following: Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, eggs, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, pork, chicken, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.
Amendment 364 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 2 Amendment 365 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 2 Amendment 366 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph2 5a. Article 52(2) is replaced by the following: “(2) Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products,
Amendment 367 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 b (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 2 5 b. In Article 52, paragraph 2 is replaced by the following: “2. Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax,
Amendment 368 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 3 5 a. In Article 52, paragraph 3 is replaced by the following: “3. Coupled support may only be granted to those sectors or to those regions of a Member State where specific types of farming or specific agricultural sectors that are particularly important for economic, social or environmental reasons
Amendment 369 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 b (new) Regulation (EU) N° 1307/2013 Article 52 – paragraph 3 5b. In Article 52, paragraph 3 is replaced by the following: Coupled support may only be granted to those sectors or to those regions of a Member State where specific types of farming or specific agricultural sectors that are particularly important for economic, social or environmental reasons undergo certain difficulties.
Amendment 370 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 b (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 3 5b. In Article 52, paragraph 3 is replaced by the following: “ “3. Coupled support may only be granted to those sectors or to those regions of a Member State where specific types of farming or specific agricultural sectors, including quality systems, that are particularly important for economic, social or environmental reasons
Amendment 371 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 b (new) Regulation (EU) N° 1307/2013 Article 52 – paragraph 3 5b. In Article 52, paragraph 3 is replaced by the following: Coupled support may
Amendment 372 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 3a (new) Amendment 373 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 b (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 5 Amendment 374 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 c (new) Regulation (EU) N° 1307/2013 Article 52 – paragraph 5 Amendment 375 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 c (new) Regulation (EU) N° 1307/2013 Article 52 – paragraph 5 5c. In Article 52, paragraph 5 is replaced by the following: “ (5) Coupled support may
Amendment 376 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 d (new) Regulation (EU) N° 1307/2013 Article 52 – paragraph 5 Amendment 377 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 b (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 5 5b. In Article 52, paragraph 5 is deleted
Amendment 378 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 6 – subparagraph 1b (new) In Article 52(6), the subparagraph is added: By way of derogation from the first subparagraph, in the case of coupled support to the protein crops sector the defined quantitative limit referred to in the first subparagraph may be exceeded.
Amendment 379 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 (new) Regulation (EU) 1307/2013 Article 52 – paragraph 6 – subparagraph 1a (new) 3 a. In Article 52 (6), the subparagraph is added: In the case where the area or the number of animals eligible for a given coupled payment is higher than the quantitative limit established in accordance with the first subparagraph, Member State applies proportional reduction either of: a) the payment rate or b) the area or the number of animals per farmer in order to ensure compliance with Article 6(5) of the Agreement on Agriculture1 .” --------------- 1) OJ L 336, 23.12.1994, p. 22.
Amendment 380 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No. 1307/2013 Article 52 – paragraph 6 – subparagraph 1a (new) 5 a. In Article 52(6), the following subparagraph is added: Where in a given year the determined area or animals would exceed defined quantitative limits, the determined area or animals shall be reduced proportionately by application of a reduction coefficient.
Amendment 381 #
Proposal for a regulation Article 269 – paragraph 1 – point 5 a (new) Regulation (EU) No 1306/2013 Article 75 – paragraph 1 – subparagraph 4 5a. In Article 75(1), the fourth subparagraph is replaced by the following: “With regard to support granted under rural development, as referred to in Article 67(2), this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 20
Amendment 382 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) No 1307/2013 Article 52 – paragraph 10a (new) (10 a) In Article 52, the following paragraph is added: “ 10a. The Commission shall by the end of 2018 come forward with a “protein plan”, aiming to increase own-grown vegetable protein production in the EU and reduce import dependency, whilst optimising pasture and grassland fodder feeding strategies and bearing in mind the state of the milk market.”
Amendment 383 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 c (new) Regulation (EU) No 1307/2013 Article 53 – paragraph 3 6 c. In Article 53, paragraph 3 is replaced by the following: “3. The percentages of the annual national ceiling referred to in paragraphs 1 and 2 may be increased by up to two percentage points for those Member States which decide to use at least
Amendment 384 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 d (new) Regulation (EU) No 1307/2013 Article 53 – paragraph 6 6 d. In Article 53, paragraph 6 is replaced by the following: “6. Member States may, by 1 August
Amendment 385 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 b (new) Regulation (EU) No. 1307/2013 Article 53 – Paragraph 6 6b. in Article 53(6) is replaced by the following: “ Member States may, by 1 August 201
Amendment 386 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) N° 1307/2013 Article 53 – paragraph 6 – introductory part 6a. in Article 53, the introductory phrase in paragraph 6 is replaced by the following: “6. Member States may, by 31
Amendment 387 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 c (new) Regulation (EU) No. 1307/2013 Article 53 – paragraph 6 – point a 6c. In Article 53(6), point a is replaced by the following: “to leave unchanged, increase or decrease the percentage fixed pursuant to paragraphs 1
Amendment 388 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 d (new) Regulation (EU) no. 1307/2013 Article 53 – paragraph 6a (new) Amendment 389 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 b (new) Regulation (EU) N° 1307/2013 Article 63 – paragraph 1 – subparagraph 2 6 b. In Article 63 (1) - subparagraph 2 is replaced by the following: “The amount referred to in points (a) or (b) of the first subparagraph shall not be lower than EUR 500 and shall not be higher than EUR
Amendment 390 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) N° 1307/2013 Article 63 – paragraph 1 – point b Amendment 391 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 b (new) Regulation (EU) No 1307/2013 Article 63 – paragraph 1 – point b 6b. In Article 63(1), point (b) is replaced by the following: “(b) an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to a number of hectares not exceeding ten, to be set by the Member States. The national average payment per hectare shall be established by the Member States on the basis of the national ceiling set out in Annex II for calendar year 2019 and the number of eligible hectares declared in
Amendment 392 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 c (new) Regulation (EU) N° 1307/2013 Article 63 – paragraph 1 – subparagraph 3 6 c. In Article 63 (1), subparagraph 3 is replaced by the following: “Where the application of points (a) and (b) of the first subparagraph results in an amount lower than EUR 500 or higher than EUR
Amendment 393 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 d (new) Regulation (EU) No. 1307/2013 Article 63 – paragraph 2 – subparagraph 2 6 d. In Article 63 (2), subparagraph 2 is replaced by the following: “The amount referred to in point (a) or (b) of the first subparagraph shall not be higher than an amount fixed by that Member State which shall be between EUR 500 and EUR
Amendment 394 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) N° 1307/2013 Article 64 – paragraph 1 – point a Amendment 395 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 c (new) Regulation (EU) No 1307/2013 Article 70 – paragraph 2 6c. In Article 70(2) is replaced by the following: “(2) The power to adopt delegated acts referred to in Article 2, Article 4(3), Article 6(3), Article 7(3), Article 8(3), Article 9(5), Article 20(6), Article 35, Article 36(6), Article 39(3), Article 43(12), Article 44(5), Article 45(5) and (6),
Amendment 396 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 d (new) Regulation (EU) No 1307/2013 Article 70 – paragraph 3 Amendment 397 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 e (new) Regulation (EU) No 1307/2013 Article 70 – paragraph 5 Amendment 398 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) No 1306/2013 Article 76 – paragraph 2 – point c –subparagraph 1a (new) 6 a. In Article 76(2), point c, the following subparagraph is added: The percentage of reference parcel to be automatically part of the eligible area shall take into account the % of canopy cover of forest, as defined by the Regulation [ ][LULUCF], Art. 3 and Annex II. Canopy cover of reference parcel lower than the minimum threshold as defined in the Regulation [ ][LULUCF], Annex II shall not be penalized by application of reduction coefficient.
Amendment 399 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) N° 1307/2013 Annex X, Area with short rotation coppice 6 a. In Annex X, the Areas with short rotation coppice is replaced by the following: “Features : Areas with short rotation coppice (per 1 m2) Conversion factor : n.a. Weighting factor :
Amendment 400 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) N° 1307/2013 Article 64 – paragraph 1 – point a 6 a. In Article 64 (1), point a is replaced by the following: “(a) keep at least a number of eligible hectares corresponding to the number of owned or leased-in payment entitlements held, or to the number of eligible hectares declared in 2015 in accordance with Article 36(2)
Amendment 401 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 a (new) Regulation (EU) N° 1307/2013 Annex X Amendment 402 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 b (new) Regulation (EU) No 1307/2013 Annex X – Line 20 a (new) 6b. In Annex X, the following line is to be added after the last line: Features: land left fallow for melliferous plants (pollen and nectar rich species) Conversion factor: n/a Weighting factor: 2 Ecological focus area: 2 m2
Amendment 403 #
Proposal for a regulation Article 269 – paragraph 1 – point 6 b (new) Regulation (EU) N° 1307/2013 Annex X – Area with catch crops or green cover Amendment 404 #
Proposal for a regulation Article 269 – paragraph 1 a (new) Regulation (EU) No 1307/2013 Article 45 – paragraph 1 – subparagraph 3a (new) In Article 45(1), the following subparagraph is added: Member States may decide that the obligation set out in the first subparagraph shall not apply to farmers who converted production mainly based on grass production to another type of production on a long-term basis after 1 January 2015. Member States may also decide that the obligation shall not apply to agricultural areas which have been sold or leased on a long-term basis since 1 January 2015 to a farmer who does not have production based on grass.
Amendment 405 #
Proposal for a regulation Article 269 – paragraph 1 a (new) Regulation (EU) No 1307/2013 Article 4 – paragraph 1 – point f In Article 4 (1), this point is replaced by the following: “ “(f) “arable land” means land cultivated for crop production or areas available for crop production but lying fallow
Amendment 406 #
Proposal for a regulation Article 269 – paragraph 1 a (new) Regulation (EU) No 1307/2013 Article 4 – paragraph 1 – point c – subpoint i In Article 4(1)(c), subpoint (i) is replaced by the following: “production, rearing
Amendment 407 #
Proposal for a regulation Article 269 – paragraph 1 b (new) Regulation (EU) No 1307/2013 Article 4 – paragraph 1 – point h In Article 4(1), this point is replaced by the following: “ “(h) “permanent grassland and permanent pasture” (together referred to as “permanent grassland”) means land used to grow grasses or other herbaceous
Amendment 408 #
Proposal for a regulation Article 270 – paragraph -1 (new) Regulation (EU) No 1308/2013 Part II – Title I – Chapter I – Heading -1. In Part II, Title I, the title of Chapter I is replaced by the following: “Public intervention
Amendment 409 #
-1. In Part II, Title I, Chapter I, the title of Section 1 is replaced by the following: “General provisions on public intervention
Amendment 410 #
Proposal for a regulation Article 270 – paragraph 1 – point -1 a (new) Regulation (EU) No 1308/2013 Article 8 – paragraph 1 – point b a (new) -1a. In Article 8, subparagraph 1, the following point is added: (ba) a counter-cyclical aid mechanism.
Amendment 411 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point a Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point f f) crisis prevention and management, including providing coaching to other
Amendment 412 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point a Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point f (f) crisis prevention and management, including providing coaching to other producer organisations, associations of producer organisations, producer groups or individual producers, as well as actions and activities aimed at diversifying and consolidating export markets in third countries;
Amendment 413 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point a Regulation (UE) No 1308/2013 Article 33 – paragraph 1 – point f (f) crisis prevention and management, including providing coaching to other producer organisations, associations of producer organisations, producer groups or individual producers, actions and activities aimed to diversification and consolidation of export markets in third countries;
Amendment 414 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point a Regulation (EU) No 1308/2013 Article 33 – paragraph 1 –point f (f) crisis prevention and management, including providing coaching to other producer organisations, associations of producer organisations, producer groups or individual producers, actions and activities aimed to diversification and consolidation of export markets in third-countries;
Amendment 415 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point a Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point f (f) crisis prevention and management, including providing coaching to other producer organisations, associations of
Amendment 416 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b – introductory part Regulation (EU) No 1308/2013 Article 33 – paragraph 3 b) In paragraph 3, the following point (i) is inserted: e i a):
Amendment 417 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b – introductory part Regulation (EU) No 1308/2013 Article 33 – paragraph 3 (b) In paragraph 3, the following points (i)
Amendment 418 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b – introductory part (b) In paragraph 3, the following points (i)
Amendment 419 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b Regulation (EU) No 1308/2013 Article 33 – paragraph 3 – point i (i) coaching to other producer organisations, associations of producer organisations, producer groups or individual producers; actions aimed to diversification and consolidation of export markets in third-countries, including inter-alia export credit insurance, costs related to the negotiation and management of phytosanitary protocols, market studies and evaluations, brand promotion or advertisement activities on the media, participation at fairs or exhibitions, information campaigns with advertising or promotional material
Amendment 420 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b Regulation (EU) No 1308/2013 Article 33 – paragraph 3 – i (i) coaching to other producer organisations, associations of producer organisations, producer groups or individual producers”, provided that this action of prevention and crisis management is not the only one that the OP carries out
Amendment 421 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b Regulation (EU) No 1308/2013 Article 33 – paragraph – point i (i) coaching to other producer organisations, associations of producer organisations, producer groups or individual producers, providing that this is not the only crisis prevention and management action by the OP;
Amendment 422 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point ia (new) Amendment 423 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point ia (new) (b a) In Article 33(3), the following point is inserted: “(ia) Actions aimed to diversification and consolidation of export markets in third- countries, including inter-alia export credit insurance, costs related to the negotiation and management of phytosanitary protocols, market studies and evaluations, brand promotion or advertisement activities on the media, participation at fairs or exhibitions, information campaigns with advertising or promotional material;”
Amendment 424 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 1308/2013 (b a) In Article 33 (3), the following point is inserted: ia) actions aimed to diversification and consolidation of export markets in third countries, including for instance export credit insurance, costs related to the negotiation and management of phytosanitary protocols, market studies and evaluations, brand promotion or advertisement activities on the media, participation at fairs or exhibitions, information campaigns with advertising or promotional material
Amendment 425 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point ia (new) (ba) In Article 33(3), a new point (ia) is inserted: ia) market diversification actions, including export insurance, costs related to negotiation and management of health protocols, and market studies;
Amendment 426 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 1 – point ia (new) (b a) In Article 33 (1), the following point is inserted: ia) actions aimed to diversification and consolidation of export markets in third countries;
Amendment 427 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b b (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 3 – point ia (new) (b b) In article 33 (3), the following point is inserted: ia) actions aimed to diversify at diversifying export markets, including export insurance;
Amendment 428 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b c (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 3 – point ib (new) (b c) In Article 33 (3), the following point is inserted: ib) market withdrawals of either fresh products previously processed;
Amendment 429 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b d (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 3 – point ic (new) (b d) In Article 33 (3), the following point is inserted: ic) actions to cover costs related to negotiation and management of phytosanitary protocols;
Amendment 430 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b e (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 3 – point id (new) (b e) In Article 33 (3), the following point is inserted: id) market studies and research;
Amendment 431 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 5 (b a) In Article 33, paragraph 5 is deleted
Amendment 432 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 e (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 5 1 e. In Article 33 (5), subparagraph 2 is replaced by the following “Environmental actions shall respect the requirements for agri-environment-climate payments laid down in Articles 28(3) and 29(2)(3) of Regulation (EU) No 1305/2013.”
Amendment 433 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 f (new) Regulation (EU) No 1308/2013 Article 33 – paragraph 5 1 f. In Article 33 (5), subparagraph 3 is replaced by the following: “Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri- environment-climate or organic farming commitments provided for in Articles 28(3) and 29(2)(3)of Regulation (EU) No 1305/2013, then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph of this paragraph.”
Amendment 434 #
Proposal for a regulation Article 270 – paragraph 1 – point 2 Regulation (EU) No 1308/2013 Article 34 – paragraph 4 – point b b) actions related to coaching of other producer organisations, producer groups or individual producers from Member States referred to in Article 35(1), or related to actions and activities aimed at diversifying and consolidating export markets in third countries as referred to in Article 33(1)(f).
Amendment 435 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 a (new) Regulation (EU) No 1308/2013 Article 34 – paragraph 2 – subparagraph 3a (new) 1 a. In Article 34(2), subparagraph 3, the following subparagraph is added: In the case of an association of producer organisations, whose members are Union producer organisations and their associations operating in different Member States, that percentage may be increased to 5,2% of the value of the marketed production, provided that the amount in excess of 4.7% of the value of the marketed production is used solely for crisis prevention and management measures implemented by the association of producer organisations on behalf of its members
Amendment 436 #
Proposal for a regulation Article 270 – paragraph 1 – point 1 b (new) Regulation (EU) No 1308/2013 Article 34 – paragraph 2a (new) 1 b. In Article 34, the following paragraph is added: 2a. In the case of producer organisations or associations of producer organisations from regions of Member States referred to in Article 35(1) the Union financial assistance shall be limited to 6,38 % of the value of the marketed production of each producer organisation or of their association. However, in the case of producer organisations, that percentage may be increased to 6,88 % of the value of the marketed production, provided that the amount in excess of 6,38 % of the value of the marketed production is used solely for crisis prevention and management measures. In the case of associations of producer organisations, that percentage may be increased to 6,98 % of the value of the marketed production, provided that the amount in excess of 6,38 % of the value of the marketed production is used solely for crisis prevention and management measures implemented by the association of producer organisations on behalf of its members.
Amendment 437 #
Proposal for a regulation Article 270 – paragraph 1 – point 2 Regulation (EU) No 1308/2013 Article 34 – paragraph 4 – point b (b) actions related to coaching of other producer organisations, producer groups or individual producers from Member States referred to in Article 35(1) or related to actions and activities aimed to diversification and consolidation of export markets in third countries referred to in article 33 (1) point f.
Amendment 438 #
Proposal for a regulation Article 270 – paragraph 1 – point 2 Regulation (EU) No 1308/2013 Article 34 – paragraph 4 – point b (b)
Amendment 439 #
Proposal for a regulation Article 270 – paragraph 1 – point 2 Regulation (EU) No 1308/2013 Article 34 – paragraph 4 – point b (b) actions related to coaching of other producer organisations, producer groups or individual producers from Member States referred to in Article 35(1), as well as actions related to activities aimed at diversifying and consolidating export markets in third countries referred to in article 33 (1) point f.
Amendment 440 #
Proposal for a regulation Article 270 – paragraph 1 – point 2 Regulation (EU) No 1308/2013 Article 34 – paragraph 4 – point b (b) actions related to coaching of other producer organisations, producer groups or individual producers from
Amendment 441 #
Proposal for a regulation Article 270 – paragraph 1 – point 2 Regulation (EU) No 1308/2013 Article 34 – paragraph 4 – point b (b) actions related to coaching of other producer organisations, producer groups or individual producers
Amendment 442 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 Amendment 443 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 Amendment 444 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 Amendment 445 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 Amendment 446 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 – paragraph 1 1.
Amendment 447 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 – pragraph 1 1.
Amendment 448 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 – paragraph 1 1.
Amendment 449 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 – paragraph 2 2. The
Amendment 450 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) No 1308/2013 Article 35 – paragraph 2 2. The
Amendment 451 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 Regulation (EU) N° 1308/2013 Article 35 - paragraph 2 2. The Commission is empowered to adopt delegated acts in accordance with Article 227
Amendment 452 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 35 – paragraph 2a (new) 2a. For specific types of expenditure identified in the National Strategy, Member States other than those referred to in paragraph 1 may grant national co- financing in addition to the EU aid referred to in Article 34(1) of Regulation (EU) 1308/2013, within a ceiling of 30% of the contributions referred to in Article 32(1)(a) of Regulation (EU) 1308/2013.
Amendment 453 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article – 147a (new) Amendment 454 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 62 – paragraph 4a (new) 3a. In Article 62, the following paragraph is added: 4a. For the purposes of this chapter, Member States may place areas on which may be produced wine suitable for producing wine spirits with a geographical indication that is listed in Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council in the same category as areas on which may be produced wine with a protected designation of origin or a protection geographical indication.
Amendment 455 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 62 – paragraph 4a (new) 3 a. In Article 62, the following paragraph is added: 4a. Member states may apply the provisions of this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in Annex III of Regulation (EC) No 110/2008 of the European Parliament and of the Council. For the purposes of those provisions, these areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.
Amendment 456 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 3a (new) 3a. in Article 64, the following paragraph is added: (3a) Member States may set a ceiling on the surface area for applications for each individual beneficiary.
Amendment 457 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 2 3 a. In article 64 (2) the introductory part is replaced by the following: “2. If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting
Amendment 458 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 157 – paragraph 1 – introductory part 3 b. In Article 157 (1), the introductory part is replaced by the following: “1. Member States may, on request, recognise interbranch organisations in
Amendment 459 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 c (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 3 3 c. In Article 64, paragraph 3 is replaced by the following: “3. Member States shall make public the criteria referred to in paragraphs 1, 2 and
Amendment 460 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1 – point b Amendment 461 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 148 – paragraph 4 – subparagraph 2 – point a 3 b. In Article 148 (4), paragraph 2, point a is replaced by the following: “ (a) where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish: i) the obligation to agree on a relationship between a certain quantity delivered and the price payable for this delivery; ii) a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;”
Amendment 462 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 158a (new) 3b. The following Article is inserted: Article 158a Recognition of transnational interbranch organisations It shall be the Member State in which the headquarters of a transnational interbranch organisation is located that decides on recognition of said organisation. The Member State that is to decide on recognition shall establish the necessary contacts for administrative cooperation with the other Member States wherein are based members of said organisation, for the purposes of verifying compliance with the conditions for recognition. The other Member States wherein are based members of a transnational interbranch organisation shall provide the Member State that is to decide on recognition with all administration assistance necessary. The Member State that is to decide on recognition shall provide all relevant information whenever another Member State wherein are based members of said organisation so requests.
Amendment 463 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 2 – point h 3b. In Article 64, paragraph 2, point h is replaced by the following: “h) areas to be newly planted in the framework of increasing the size of
Amendment 464 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 148 – paragraph 1a (new) Amendment 465 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 157a (new) Amendment 466 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1 – introductory part 3 a. In Article 152(1), the introductory part is replaced by the following: “1. Member States
Amendment 467 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 2 – introductory part 3 b. In Article 64, paragraph 2 is replaced by the following: “2. If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a maximum of eligible area by applicant and also be partially or completely made according to one or more of the following objective and non- discriminatory priority criteria:”
Amendment 468 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 50 – Paragraph 2 Amendment 469 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 62 – Paragraph 4a (new) 3 a. In Article 62 the following paragraph is inserted 4a. Member states may apply the provisions of this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in Annex III of Regulation (EC) No 110/2008 of the European Parliament and of the Council. For the purposes of those provisions, these areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.
Amendment 470 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Amendment 471 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1 – point c – introductory part Amendment 472 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 a (new) Regulation (EU) No 1308/2013 Article 148 – paragraph 4 – subparagraph 2 – introductory part 3 a. In Article 148 (4), subparagraph 2, the introductory part is replaced by the following: “Notwithstanding the first subparagraph,
Amendment 473 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 3 – point ba (new) Amendment 474 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 b (new) Regulation (EU) No 1308/2013 Article 172 – paragraph 2 Amendment 475 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 c (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 3a (new) 3c. In Article 64, the following paragraph is inserted: “3a. Member States may set a ceiling on the surface area for applications for each individual beneficiary.
Amendment 476 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 c (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 2 – introductory part Amendment 477 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 c (new) Regulation (EU) No 1308/2013 Article 148 – paragraph 2 – introductory part 3 c. in Article 148(2), the introductory part is replaced by the following: “2. The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:”
Amendment 478 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 d (new) Regulation (EU) No 1308/2013 Article 148 – paragraph 3 3 d. In Article 148, paragraph 3 is replaced by the following: “3. By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a farmer to a co- operative of which the farmer is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.”
Amendment 479 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 d (new) Regulation (EU) No 1308/2013 Article 172 – paragraph 2 –introductory part 3d. In Article 172, paragraph 2 is replaced by the following: “2. The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012.
Amendment 480 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 e (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1 – point (b) Amendment 481 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 e (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 1 – point da (new) 3 e. In Article 64, paragraph 1, the following point is inserted: da) the applicant does not have vines planted without authorisation as referred to in Article 71 of Regulation (EU) nº 1308/2013 or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) nº 1234/2007.
Amendment 482 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 f (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1a (new) 3 f. In Article 152, the following paragraph is inserted: 1a. Notwithstanding the application of Article 101(1) TFEU, a producer organisation, which is recognised under paragraph 1 of this Article, may plan production, optimizing the production costs, place on the market and negotiate contracts for the supply of the agricultural products, on behalf of its members for all or part of their total production.
Amendment 483 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 f (new) Regulation (EU) No 1308/2013 Article 64 – paragraph 3a (new) Amendment 484 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 g (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1 – subparagraph 1a (new) 3 g. In Article 152, paragraph 1, the following subparagraph is added: For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.
Amendment 485 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 h (new) Regulation (EU) No 1308/2013 Article 152 – paragraph 1 – subparagraph 1a (new) 3 h. In Article 152, paragraph 1, the following subparagraph is inserted: When acting under point (c), the competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions adopted pursuant to paragraph 7 without delay after their adoption.
Amendment 486 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 i (new) Regulation (EU) No 1308/2013 Article 152a (new) Amendment 487 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 j (new) Regulation (EU) No 1308/2013 Article 152b (new) 3 j. The following Article is inserted: Article 152b Value-sharing Without prejudice to Article 125 in the sugar sector, producers of agricultural products in one of the specific sectors listed in Article 1(2), through their producer organisations recognised under Article 152 of this Regulation, their bargaining organisations recognised under Article 152a of this Regulation, their associations recognised under Article 156 of this Regulation and undertakings marketing or processing such products may agree on value- sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them.”.
Amendment 488 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 k (new) Regulation (EU) No 1308/2013 Article 154a (new) 3 k. The following Article is inserted: Article 154a Recognition of bargaining organisations 1. In order to be recognised by a Member State, the bargaining organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which: (a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152a(1) (b) has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; (c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply; (d) has statutes that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States shall: (a) decide whether to grant recognition to a bargaining organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; that application shall be lodged with the Member State where the organisation has its headquarters; (b) carry out, at intervals to be determined by them, checks to verify that recognised bargaining organisations and associations of bargaining organisations are complying with this Chapter; (c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and their associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn ; (d) inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.
Amendment 489 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 l (new) Regulation (EU) No 1308/2013 Article 156 – Heading Amendment 490 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 m (new) Regulation (EU) No 1308/2013 Article 156 – paragraph 2 Amendment 491 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 n (new) Regulation (EU) No 1308/2013 Article 157 – paragraph 1 – point xiv a (new) 3 n. In Article 157(1), point c, the following point is added: (xiv a) agreeing on standard value sharing clauses including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them or determinable price formula based in particular on objective market criteria.
Amendment 492 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 o (new) Regulation (EU) No 1308/2013 Article 157 – paragraph 3 – point c – point xi a (new) 3 o. In point (c) of Article 157 (3), the following point is inserted: (xi a) agreeing on standard value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices or other commodity markets is to be allocated between them or determinable price formula based in particular on objective market criteria. .
Amendment 493 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 p (new) Regulation (EU) No 1308/2013 Article 157 – paragraph 3 – point (c) –point xi b (new) 3 p. In point (c) of Article 157(3), the following point is added: (xi b) implementing collective measures to prevent and manage the health and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products.
Amendment 494 #
Proposal for a regulation Article 270 – paragraph 1 – point 3 q (new) Regulation (EU) No 1308/2013 Article 168 – paragraph 1a (new) 3 q. In Article 168, the following paragraph is inserted: 1a. If Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, producer organisation, bargaining organisation or their association, in respect of agricultural products in a sector listed in Article 1(2) other than the milk, milk products and sugar sector may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer of a contract from the first purchasers, under the same conditions laid down in paragraph 4 to 6 of this Article. If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, unless the inter-branch organisation of the sector recognised under Article 157, has drawn up a standard contract compatible with the rules of the Union.
Amendment 495 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 a (new) Regulation (EU) No 1308/2013 Article 220a (new) Amendment 496 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 a (new) Regulation (EU) No 1308/2013 Article 221a (new) 4 a. The following Article is inserted: Article 221a Measures to address a sudden and significant drop in farm income 1.The Commission shall adopt implementing acts taking necessary and justifiable emergency measures to address a sudden and significant drop in farm income in a particular sector in a region of the Union. Such measures should by targeted and may include but not be restricted to a top up to direct payments or a once-off lump sum payment to the member state concerned to be distributed to affected farmers with targeted measures. 2.Support under paragraph 1 shall only be granted in duly justified cases and where the drop of income exceeds 30 % of the average annual income of farmers, derived from that particular sector, in the preceding three-year period or a three- year average based on the preceding five- year period excluding the highest and lowest entry. Income for the purposes of this and the preceding paragraphs shall refer to the sum of revenues the farmer receives from the market, for that particular sector, including any form of public support but excluding any payments from insurance schemes of any kind, and after deducting input costs. Payments to farmers shall compensate for less than 70 % of the income loss in the year the producer becomes eligible to receive this assistance; where the farmer receives additional income from any insurance schemes of any kind, the total compensation should not exceed 100% of the income loss in the year concerned. 3. The Commission shall inform the European Parliament and the Council of any measure adopted under paragraph 1 or 2 within two working days of its adoption.
Amendment 497 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 a (new) Regulation (EU) No 1308/2013 Article 221a (new) Amendment 498 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 a (new) Regulation (EU) No 1308/2013 Article 220a (new) Amendment 499 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 a (new) Regulation (EU) No 1308/2013 Article 209 – paragraph 1 – subparagraph 2 4 a. In Article 209(1), subparagraph 2 is replaced by the following: ““Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 of this Regulation, or
Amendment 500 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 b (new) Regulation (EU) No 1308/2013 Article 209 – paragraph 1 – subparagraph 2a (new) 4 b. In Article 209(1), subparagraph 2, the following subparagraph is inserted: For the sale of agricultural products, agreements, decisions and concerted practices on value sharing clauses and on a determinable, price formula, based in particular on objective market criteria, is considered necessary for the achievement of the objectives set out in Article 39 of the Treaty on the Functioning of the European Union.
Amendment 501 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 b (new) Regulation (EU) No 1308/2013 Article 209 – paragraph 1 – subparagraph 3 4b. In Article 209, paragraph 1, the third subparagraph is deleted.
Amendment 502 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 c (new) Regulation (EU) No 1308/2013 Article 209 – paragraph 2 – subparagraph 1a (new) 4 c. In Article 209(2), subparagraph 1, the following subparagraph: “However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 of this Regulation, or bargaining organisations recognised under Article 152a, or their associations recognised under Article 156 of this Regulation may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU. Requests for opinions shall be dealt with promptly and the Commission shall send the applicant its opinion within two months of receipt of the request. In the event of non-response by the Commission within that period, the opinion shall be deemed positive.”
Amendment 503 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 c (new) Regulation (EU) No 1308/2013 Annex VII – Part II – point 1 – point c – indent 2 4c. In Part II, paragraph I, point c of Annex VII, the second indent is replaced by the following: “— the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of origin which have been produced without enrichment
Amendment 504 #
4 d. In Article 209(2), subparagraph 1, the following subparagraph is inserted: “The Commission may, at its own initiative or at the request of a Member State, change the content of opinion, in particular if the applicant has provided inaccurate information or abused the opinion.”
Amendment 505 #
Proposal for a regulation Article 270 – paragraph 1 – point 4 e (new) Regulation (EU) n°1308/2013 Article 222 – paragraph 1 4 e. In Article 222, paragraph 1 is replaced by the following: “1. During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of
Amendment 95 #
Proposal for a regulation Recital 144 (144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules
Amendment 96 #
Proposal for a regulation Recital 213 (213) In order to be sufficiently attractive to the private sector, it is essential that financial instruments are designed and implemented in a flexible manner. However, experience has shown that certain measure-specific eligibility rules limit the uptake of financial instruments in the rural development programmes, as well as the flexible use of financial instruments by fund managers. Therefore, it is appropriate to provide that certain measure-specific eligibility rules do not apply to financial instruments. For the same reason, it is also appropriate to provide that start-up support to young farmers under Article 19 of Regulation (EU) No 1305/2013 may also be provided in the form of financial instruments. In view of these changes, it should be
Amendment 97 #
Proposal for a regulation Recital 253 a (new) (253a) Agricultural markets must be transparent and information about prices must be accessible and useful to all those involved; it is a part of the Union's role to facilitate transparency in the European market; in this purpose, the next CAP reform should enhance market transparency through agricultural price observatories for each sector to provide on-going, segment-by-segment analysis of agricultural markets, with the involvement of economic stakeholders, and to make relevant data and forecasts available at regular intervals;
Amendment 98 #
Proposal for a regulation Recital 253 b (new) (253b) According to Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, the objectives of the Common Agricultural Policy must take precedence over all European competition rules;
Amendment 99 #
Proposal for a regulation Article 62 – paragraph 2 – subparagraph 4 As part of its risk assessment and in accordance with sector- specific rules, the Commission shall monitor the management and control systems established in the Member States. The Commission shall, in its audit work, respect the principle of proportionality and shall take into account the level of assessed risk in accordance with the sector-specific rules. The materiality threshold for a tolerable risk shall be 4%.
source: 601.213
2017/03/30
EMPL
56 amendments...
Amendment 16 #
Proposal for a regulation Recital 60 Amendment 17 #
Proposal for a regulation Recital 144 Amendment 18 #
Proposal for a regulation Recital 144 (144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules
Amendment 19 #
Proposal for a regulation Recital 170 (170) In order to ensure that the European Union Programme for Employment and Social Innovation (EaSI) provides swiftly adequate resources to support changing political priorities, the indicative shares for each of the three axis and the minimum percentages for each of the thematic priorities within the individual axis should allow for a greater flexibility, while maintaining an ambitious deployment rate for EURES cross-border partnerships. This should improve the management of the Programme and allow focussing budgetary resources on actions producing better employment and social results.
Amendment 20 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 27. ‘financial instruments’ means Union measures of financial support provided from the budget in order to address one or more specific policy objectives of the Union. Such instruments may take the form of equity or quasi-equity investments, loans or guarantees, or other risk-sharing instruments
Amendment 21 #
Proposal for a regulation Article 54 – paragraph 3 3.
Amendment 22 #
Proposal for a regulation Article 62 – paragraph 9 Amendment 23 #
Proposal for a regulation Article 62 – paragraph 9 Amendment 24 #
Amendment 25 #
Proposal for a regulation Article 125 Amendment 26 #
Proposal for a regulation Article 175 – paragraph 8 8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6. Volunteers' engagement is to be understood as unpaid non-compulsory activity: time individuals give without pay to activities performed through a not for profit organization.
Amendment 27 #
Proposal for a regulation Article 186 – paragraph 4 4. In the case of operating grants, the grant agreement shall be signed within
Amendment 28 #
Proposal for a regulation Article 201 – paragraph 3 3. Where financial instruments
Amendment 29 #
Proposal for a regulation Article 201 – paragraph 3 3. Where financial instruments are implemented under shared implementation with Member States, sector specific rules apply
Amendment 30 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Amendment 31 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Where a financial instrument is established for the purpose of implementing Article 39 of Regulation (EU) No 1303/2013with a contribution from a budgetary guarantee of the Union, th
Amendment 32 #
Proposal for a regulation Article 210 Amendment 33 #
Proposal for a regulation Article 263 – paragraph 1 – point 1 Regulation (EU) No 1296/2013 Article 5 – paragraph 2 Amendment 34 #
Proposal for a regulation Article 263 – paragraph 1 – point 1 Regulation (EU) No 1296/2013 Article 5 – Paragraph 2 Amendment 35 #
Proposal for a regulation Article 263 – paragraph 1 – point 1 Regulation (EU) No 1296/2013 Article 5 – paragraph 2 – point a (a) at least 1
Amendment 36 #
Proposal for a regulation Article 263 – paragraph 1 – point 1 Regulation (EU) No 1296/2013 Article 5 – paragraph 2 – point b (b) at least 1
Amendment 37 #
Proposal for a regulation Article 263 – paragraph 1 – point 1 Regulation (EU) No 1296/2013 Article 5 – paragraph 2 – point c (c) at least 1
Amendment 38 #
Proposal for a regulation Article 263 – paragraph 1 – point 2 Regulation (EU) No 1296/2013 Article 14 – paragraph 1 and paragraph 2 Amendment 39 #
Proposal for a regulation Article 263 – paragraph 1 – point 2 – point a Regulation (EU) No 1296/2013 Article 14 – Paragraph 1 Amendment 40 #
Proposal for a regulation Article 263 – paragraph 1 – point 3 Regulation (EU) No 1296/2013 Article 19 Amendment 41 #
Proposal for a regulation Article 263 – paragraph 1 – point 3 Regulation (EU) No 1296/2013 Article 19 Amendment 42 #
Proposal for a regulation Article 263 – paragraph 1 – point 4 Regulation (EU) No 1296/2013 Article 25 Amendment 43 #
Proposal for a regulation Article 263 – paragraph 1 – point 4 Regulation (EU) No 1296/2013 Article 25 Amendment 44 #
Proposal for a regulation Article 263 – paragraph 1 – point 4 b (new) Regulation (EU) No 1296/2013 Article 32 4 b. Article 32 is amended as follows: "Article 32 Work Programmes 1. The Commission shall adopt
Amendment 45 #
Proposal for a regulation Article 263 – paragraph 1 – point 5 Regulation (EU) No 1296/2013 Article 33 Amendment 46 #
Proposal for a regulation Article 263 – paragraph 1 – point 5 b (new) Regulation (EU) No 1296/2013 Article 34 – paragraphs 2, 3 and 5 5 b. Article 34, paragraphs 2, 3 and 5 are amended as follows: "Article 34 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 32 and in Article 33 shall be conferred on the Commission for a period of seven years from 1 January 2014. 3. The delegation of power referred to in Article 32 and in Article 33 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 32 and Article 33 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the
Amendment 47 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Regulation (EU) No 1303/2013 Article 30a new Amendment 48 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) 1303/2013 Article 39a new Amendment 49 #
Proposal for a regulation Article 266 – paragraph 1 – point 1 Regulation (EU) No 1304/2014 Article 13 – paragraph 2 – new subparagraph Where operations falling under point (a) of the first subparagraph also have a benefit for the programme area in which they are implemented, expenditure shall be allocated to these programme areas on a pro rata basis based on objective criteria
Amendment 50 #
Proposal for a regulation Article 266 – paragraph 1 – point 2 Regulation (EU) No 1304/2013 Article 14 Amendment 51 #
Proposal for a regulation Article 266 – paragraph 1 – point 2 Regulation (EU) No 1304/2013 Article 14 Amendment 52 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 3 Amendment 53 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 3 Amendment 54 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation EU No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 3 Amendment 55 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 3 Amendment 56 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 4 Amendment 57 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 4 Amendment 58 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation EU No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 4 Amendment 59 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 4 Amendment 60 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 5 Amendment 61 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation EU No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 5 Amendment 62 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 5 Amendment 63 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex 1 – paragraph (1) – subparagraph 4 – indent 5 Amendment 64 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex I – paragraph (1) – paragraph 5 The data on participants under the two
Amendment 65 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation EU No 1304/2013 Annex I – paragraph (1) – paragraph 5 The data on participants under the two first above indicators will be provided in the annual implementation reports as specified in Article 50(4) of Regulation (EU) No
Amendment 66 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) No 1304/2013 Annex I – paragraph (1) – paragraph 5 The data on participants under the two first above indicators will be provided in the annual implementation reports as specified in Article 50(4) of Regulation (EU) No 1303/2013. The data on participants under the
Amendment 67 #
Proposal for a regulation Article 271 – paragraph 1 – point 1 Regulation (EU) No 1309/2013 Article 6 – Paragraph 2 2. By way of derogation from Article 2, applicant Member States may provide personalised services co-financed by the EGF to up to a number of NEETs under the age of 25, or where Member States so decide under the age of 30, on the date of submission of the application, equal to the number of targeted beneficiaries, as a priority to persons made redundant or whose activity has ceased, provided that at least some of the redundancies within the meaning of Article 3 occur in NUTS 2 level regions that had youth unemployment rates for young persons aged 15 to 24 of more than 2
Amendment 68 #
Proposal for a regulation Article 271 – paragraph 1 – point 1 Regulation (EU) No 1309/2013 Article 6 – paragraph 2 2. By way of derogation from Article 2, applicant Member States may provide personalised services co-financed by the EGF to up to a number of NEETs under the age of 25, or where Member States so decide under the age of 30, on the date of submission of the application, equal to the number of targeted beneficiaries, as a priority to persons made redundant or whose activity has ceased, provided that at least some of the redundancies within the meaning of Article 3 occur in NUTS 2 level regions that had youth unemployment rates for young persons aged 15 to 24 of more than 25 %
Amendment 69 #
Proposal for a regulation Article 271 – paragraph 1 – point 1 Regulation (EU) No 1309/2013 Article 6 – paragraph 2 2. By way of derogation from Article 2, applicant Member States may provide personalised services co-financed by the EGF to up to a number of NEETs under the age of 25, or where Member States so decide under the age of 30, on the date of submission of the application, equal to the number of targeted beneficiaries, as a priority to persons made redundant or whose activity has ceased, provided that at least some of the redundancies within the meaning of Article 3 occur in NUTS 2 level regions that had youth unemployment rates for young persons aged 15 to 24 of more than 25 % in 2012 and/or 2015 and, for Member States where the youth unemployment rate had increased by more than 30 % in 2012 and/or 2015, NUTS level 2 regions that had youth unemployment rates of more than 20 % in 2012 and/or 2015. The support may be rendered to NEETs under the age of 25, or where Member States so decide under the age of 30, in those NUTS 2 level regions that had youth unemployment rates for young persons aged 15 to 24 of more than 25 % in 2012 and/or 2015 and, for Member States where the youth unemployment rate had increased by more than 30 % in 2012 and/or 2015, NUTS level 2 regions that had youth unemployment rates of more than 20 % in 2012 and/or 2015.
Amendment 70 #
Proposal for a regulation Article 271 – paragraph 1 – point 3 Regulation (EU) No 1309/2013 Article 15 – paragraph 4 Where the Commission has concluded that the conditions for providing a financial contribution from the EGF are met, it shall submit a proposal to mobilise it. The decision to mobilise the EGF shall be taken jointly by the European Parliament and the Council within one month of the referral to the European Parliament and to the Council. The Council shall act by a qualified majority and the European Parliament shall act by a majority of its component members and three fifths of the votes cast. In the event of disagreement, a trilogue procedure shall be initiated.
Amendment 71 #
Proposal for a regulation Article 273 – paragraph 1 – point 6 Regulation (EU) No 223/2014 Article 42 – paragraph 3 The payment deadline referred to in paragraph 2 may be
source: 601.227
2017/04/04
DEVE
25 amendments...
Amendment 13 #
Proposal for a regulation Recital 4 (4) Up to 10% of
Amendment 14 #
Proposal for a regulation Recital 4 (4) Up to
Amendment 15 #
Proposal for a regulation Recital 163 a (new) (163 a) Trust funds constitute a problematic financial instrument as they may seriously alter budgets adopted by European Parliament and the Council and carry the risk of using funds from financing instruments for purposes not foreseen in the basic acts establishing those instruments. Trust funds do however add value through the pooling of resources, provided such pooling is not primarily limited to Union resources.
Amendment 16 #
Proposal for a regulation Recital 203 a (new) (203 a) In order to ensure adequate visibility of the European Union, its policies and values and to make the best use of European expertise while implementing EU external action via indirect implementation, such indirect implementation with Member States organisations should be the preferred option where the principles of economy, efficiency and effectiveness can be clearly demonstrated. Indirect cooperation with other donors should also be considered.
Amendment 17 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point e (e) appropriations kept unallocated at the beginning of the financial year relating to the funds referred to in Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre- accession Assistance (IPA II), Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (ENI) and Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 (DCI), within a limit of
Amendment 18 #
Proposal for a regulation Article 39 – paragraph 6 6. Where the Commission makes use of Union Trust Funds, it shall attach to the draft budget a working document on the activities supported by Union Trust Funds, on their implementation and performance and on how the activities supported by those Trust Funds have contributed to the objectives laid down in the basic act establishing the instrument from which the Union contribution to those Trust Funds was provided.
Amendment 19 #
Proposal for a regulation Article 122 – paragraph 1 The Commission may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices. In case of indirect implementation by Member State organisations, the Commission shall rely in full on assessments made by the relevant Member State organisation(s).
Amendment 20 #
Proposal for a regulation Article 122 – paragraph 1 The Commission may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices. In case of indirect implementation by Member State organisations as referred to in Article 151a, the Commission shall rely in full on assessments made by the relevant Member State organisation(s).
Amendment 21 #
Proposal for a regulation Article 122 – paragraph 1 The Commission may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices. In case of indirect implementation by Member State organisations, the Commission shall rely in full on assessments made by the relevant Member State organisation(s).
Amendment 22 #
Proposal for a regulation Article 150 – paragraph 1 – subparagraph 5 The obligations set out in this paragraph shall be without prejudice to agreements concluded with the EIB group, Member State organisations, international organisations and third countries. With regard to the management declaration, such agreements shall include at least the obligation of those entities to provide the Commission annually with a statement that, during the financial year concerned, the Union contribution was used and accounted for in compliance with the requirements set out in paragraphs 3 and 4 of Article 149 and with the obligations laid down in such agreements. Such statement may be incorporated in the final report if the action implemented is limited to 18 months.
Amendment 23 #
Proposal for a regulation Article 151 a (new) Article 151 a Indirect implementation with Member State organisations 1. Member State organisations shall mean entities listed in point (c)(v) to (vii) of Article 61(1) provided that: (1) they are entrusted by Member States with a public service mission in the field of international development and cooperation and are established under private or public law in Member States; (2) their systems and procedures which are adapted to the specific legal and operational contexts of international development and cooperation have been positively assessed in accordance with Article 149(4). 2. Under indirect implementation with Member State organisations, the Commission shall rely on those systems and procedures of the Member State organisations that have been positively assessed in accordance with Article 149(4) or any additional systems and procedures beyond the scope of assessment referred to in Article 149(4) that have been duly established and are applied under the scrutiny of the relevant Member States, such as the cost structure of the Member State organisations. In particular, but not exclusively, such cross-reliance shall apply to systems and procedures referred to in Articles 122 and 123. 3. Financial Framework Partnership Agreements concluded with Member State organisations in accordance with Article 126 shall further specify the extent and modalities of cross-reliance on systems and procedures of Member State organisations.
Amendment 24 #
Proposal for a regulation Article 151 a (new) Article 151 a Indirect implementation with Member State organisations 1. Member State organisations shall mean entities listed in point (c)(v) to (vii) of Article 61(1) provided that: (1) they are entrusted by Member States with a public service mission in the field of international development and cooperation and are established under private or public law in Member States; (2) their systems and procedures which are adapted to the specific legal and operational contexts of international development and cooperation have been positively assessed in accordance with Article 149(4). 2. Under indirect implementation with Member State organisations, the Commission shall rely on those systems and procedures of the Member State organisations that have been positively assessed in accordance with Article 149(4) or any additional systems and procedures beyond the scope of assessment referred to in Article 149(4) that have been duly established and are applied under the scrutiny of the relevant Member States. In particular but not exclusively such cross- reliance shall apply to systems and procedures referred to in Articles 122 and 123. 3. Financial Framework Partnership Agreements concluded with Member State organisations in accordance with Article 126 shall further specify the extent and modalities of cross-reliance on systems and procedures of Member State organisations.
Amendment 25 #
Proposal for a regulation Article 151 a (new) Article 151 a Indirect implementation with Member State organisations 1. Member State organisations shall mean entities listed in point (c)(v) to (vii) of Article 61(1) provided that: (1) they are entrusted by Member States with a public service mission in the field of international development and cooperation and are established under private or public law in Member States; (2) their systems and procedures which are adapted to the specific legal and operational contexts of international development and cooperation have been positively assessed in accordance with Article 149(4). 2. Under indirect implementation with Member State organisations, the Commission shall rely on those systems and procedures of the Member State organisations that have been positively assessed in accordance with Article 149(4) or any additional systems and procedures beyond the scope of assessment referred to in Article 149(4) that have been duly established and are applied under the scrutiny of the relevant Member States, such as the cost structure of the Member State organisations. In particular but not exclusively such cross-reliance shall apply to systems and procedures referred to in Articles 122 and 123. 3. Financial Framework Partnership Agreements concluded with Member State organisations in accordance with Article 126 shall further specify the extent and modalities of cross-reliance on systems and procedures of Member State Organisations.
Amendment 26 #
Proposal for a regulation Article 189 – paragraph 1 – point d – paragraph 6 The first subparagraph shall not apply to public bodies and bodies with a public service mission and assessed in accordance with Article 149(4) and the international organisations referred to in Article 151.
Amendment 27 #
Proposal for a regulation Article 189 – paragraph 1 – point d – paragraph 6 The first subparagraph shall not apply to public bodies
Amendment 28 #
Proposal for a regulation Article 189 – paragraph 1 – point d – paragraph 6 The first subparagraph shall not apply to public bodies, Member State organisations, and the international organisations referred to in Article 151.
Amendment 29 #
Proposal for a regulation Article 191 – paragraph 5 – point c (c) public bodies and bodies with a public service mission and assessed in accordance with Article 149(4);
Amendment 30 #
Proposal for a regulation Article 191 – paragraph 5 – point c a (new) (c a) Member State organisations;
Amendment 31 #
Proposal for a regulation Article 191 – paragraph 5 – point c a (new) (c a) Member State organisations;
Amendment 32 #
Proposal for a regulation Article 191 – paragraph 6 6. The authorising officer responsible may, depending on a risk assessment, waive the obligation to verify the operational capacity of public bodies, Member State organisations or international organisations.
Amendment 33 #
Proposal for a regulation Article 191 – paragraph 6 6. The authorising officer responsible may, depending on a risk assessment, waive the obligation to verify the operational capacity of public bodies, Member State organisations or international organisations.
Amendment 34 #
Proposal for a regulation Article 227 – paragraph 1 1. For emergency, post-emergency or thematic actions, the Commission may
Amendment 35 #
Proposal for a regulation Article 227 – paragraph 1 a (new) 1 a. Trust funds may only be created if they allow the pooling of resources not primarily limited to resources from the Union budget and the European Development fund. If 80 % or more of the resources foreseen for a trust fund stem from those two sources, the Commission shall not propose its creation.
Amendment 36 #
Proposal for a regulation Article 227 – paragraph 4 4. A board chaired by the Commission shall be established for each Union trust fund to ensure the fair representation of the donors, and of the non-contributing Member States and the European Parliament as observers, and to decide upon the use of the funds. The rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the Commission and adhered to by the donors. Those rules shall include the requirement to have the positive vote of the Commission for the final decision on the use of the funds.
Amendment 37 #
Proposal for a regulation Article 228 – paragraph 5 – subparagraph 2 Financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer. In addition, the Commission shall report at least every six months on the implementation of each trust fund according to qualitative criteria, such as the nature of projects and programmes supported, the selection procedures, geographical and thematic priorities, the supervision of intermediaries and how the trust fund contributes to the fulfillment of the objectives foreseen in the basic act of the Union instruments contributing to its financing.
source: 602.755
2017/04/18
BUDG, CONT
546 amendments...
Amendment 211 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the financial rules applicable to the general budget of the Union and amending Regulation (EC) No 2012/2002, Regulations (EU) No 1296/2013, (EU) 1301/2013, (EU) No 1303/2013, EU No 1304/2013, (EU) No 1305/2013, (EU) No 1306/2013, (EU) No 1307/2013, (EU) No 1308/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014,(EU) No 283/2014, (EU) No 652/2014 of the European Parliament and of the Council and Decision No 541/2014/EU of the European Parliament and of the Council and repealing Regulation (EU, Euratom) No 966/2012
Amendment 212 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42, 43(2), 46(d), 149, 153(2)(a), 164, 168(4)(b), 172, 175, 177, 178, 189(2),
Amendment 213 #
Proposal for a regulation Recital 1 (1) Since following three years of implementation further amendments are to be made to the financial rules applicable to the general budget of the Union in order remove bottlenecks in implementation by increasing flexibility, to simplify delivery for the stakeholders and the services
Amendment 214 #
Proposal for a regulation Recital 1 (1)
Amendment 215 #
Proposal for a regulation Recital 3 (3) The fundamental budgetary principles, as well as the distribution of powers and the central role of the Court of Auditors in carrying out the Union's audit laid down in Article 285 and 287 TFEU, should be maintained. Derogations from those fundamental principles for specific areas such as research, external actions and structural funds should be reviewed and simplified as far as possible, taking into account their continuing relevance, their added-value for
Amendment 216 #
Proposal for a regulation Recital 3 (3) The fundamental budgetary principles should be maintained. Derogations from those fundamental principles for specific areas such as research, external actions and structural funds should be limited, reviewed and simplified as far as possible, taking into account their continuing relevance, their added-value for the budget, and the burden they impose on stakeholders.
Amendment 217 #
Proposal for a regulation Recital 4 (4)
Amendment 218 #
Proposal for a regulation Recital 4 (4)
Amendment 219 #
Proposal for a regulation Recital 4 (4) Up to
Amendment 220 #
Proposal for a regulation Recital 7 (7) The rules governing transfers of appropriations should allow for greater flexibility in order to ensure better budget implementation.
Amendment 221 #
Proposal for a regulation Recital 8 Amendment 222 #
Proposal for a regulation Recital 10 Amendment 223 #
Proposal for a regulation Recital 11 Amendment 224 #
Proposal for a regulation Recital 11 Amendment 225 #
Proposal for a regulation Recital 12 (12) The concept of performance as regards the EU budget should be clarified. Performance should be described
Amendment 226 #
Proposal for a regulation Recital 12 (12) The concept of performance as regards the EU budget should be clarified. Performance should be described as a direct application of the principle of sound financial management. There should be a link between performance, objective- setting, indicators, results, additionality and economy, efficiency and effectiveness in the use of appropriations. To avoid conflicts with existing performance frameworks of the different programmes, references in terms of performance terminology should be limited to objectives and monitoring progress in achieving them.
Amendment 227 #
Proposal for a regulation Recital 14 (14) The principle of transparency, enshrined in Article 15 TFEU which requires the institutions to work as openly as possible, implies, in the area of the implementation of the budget, that citizens are able to know where, and for what purpose, funds are spent by the Union.
Amendment 228 #
Proposal for a regulation Recital 14 (14) The principle of transparency
Amendment 229 #
Proposal for a regulation Recital 15 (15) In any case, the utmost transparency regarding data on beneficiaries should be sought, without prejudice to the rules on the protection of personal data. The information on the use of Union funds implemented under direct implementation should be published on an internet website of the institutions and should include at least the name, the locality, the amount and the purpose of the funds. That information should take into account relevant criteria such as the periodicity, the type and the importance of the measure.
Amendment 230 #
Proposal for a regulation Recital 15 (15) The information on the use of Union funds implemented under direct, indirect and shared implementation should be published in the Financial Transparency System and on an internet website of the institutions and should include at least the name, the locality, the amount and the purpose of the funds. That information should take into account relevant criteria such as the periodicity, the type and the importance of the measure.
Amendment 231 #
Proposal for a regulation Recital 16 (16)
Amendment 232 #
Proposal for a regulation Recital 20 (20) Information on scholarships, and other direct support paid to natural persons in most need, such as unemployed people and refugees, should remain exempt from publication.
Amendment 233 #
Proposal for a regulation Recital 20 (20) Information on scholarships
Amendment 234 #
Proposal for a regulation Recital 21 (21) In order to ensure the respect of the principle of equal treatment between recipients, the publication of information related to natural persons should also be ensured in line with the obligation for the Member States to establish
Amendment 235 #
Proposal for a regulation Recital 23 (23)
Amendment 236 #
Proposal for a regulation Recital 23 (23) In the case of indirect and shared implementation, it should be
Amendment 237 #
Proposal for a regulation Recital 28 (28) For reasons of legal certainty, it is necessary to clarify that the directors of executive agencies act as authorising officers by delegation when managing operational appropriations of programmes delegated to their agency. To achieve the full effect of efficiency gains resulting from a global centralisation of certain support services, the possibility for executive agencies to implement administrative expenditures should be explicitly mentioned.
Amendment 238 #
Proposal for a regulation Recital 32 (32) Consequently, the tasks, responsibilities and principles of the procedures to be observed should also be laid down. It is also necessary to provide that the authorising officers by delegation shall ensure that the authorising officers by subdelegation and their staff receive information concerning the control standards and respective methods and techniques, and that measures are taken in order to ensure the functioning of the control system which should replace the obligation to establish specific code of professional standards applicable to financial verifications only. The responsibilities assumed are accounted for in an annual report to the institution and the report shall include the required financial and management information to support the authorising officer by delegation’s declaration of assurance on the performance of his or her duties, including the information on the overall performance of the operations carried out. The supporting documents relating to the operations carried out should be kept. Finally, all the various forms of negotiated procedure for the award of public contracts should
Amendment 239 #
Proposal for a regulation Recital 33 (33) The double role of the Head of Union delegation
Amendment 240 #
Proposal for a regulation Recital 35 (35) The accounting officer continues to be responsible for the proper execution of payments, the collection of revenue and the recovery of amounts receivable. He/She manages the treasury, bank accounts and third
Amendment 241 #
Proposal for a regulation Recital 38 (38) The conditions for the use of imprest accounts, a system of management which constitutes an exception to normal budgetary procedures, should also be laid down, and the tasks and responsibilities of the imprest administrators, as well as those of the authorising officer and accounting officer in connection with the control of imprest accounts, should be set out. The European Parliament and Council should be informed of any appointment or termination of duties. For reasons of efficiency, imprest accounts should be set up in Union delegations
Amendment 242 #
Proposal for a regulation Recital 40 (40) Once the tasks and responsibilities of each financial actor have been defined, they may be held liable only under the conditions laid down in the Staff
Amendment 243 #
Proposal for a regulation Recital 48 (48) In order to secure the management of assets whilst also yielding financial remuneration, it is necessary to have the amounts provisionally cashed
Amendment 244 #
Proposal for a regulation Recital 49 (49) In order to ensure that the Commission has all the necessary information for the adoption of the financing decisions, it is necessary to lay down the minimum requirements for the contents of financing decisions on grants, procurement, trust funds, prizes, financial instruments
Amendment 245 #
Proposal for a regulation Recital 52 (52) In order to make better use of the appropriations available for the implementation of external actions, the time limit during which individual legal commitments may be made on the basis of global budgetary commitment should be removed, as well as the obligation to conclude a contribution agreement until 31 December of year n+1 in cases where a financing agreement with the third country presents the global budgetary commitment covering also the contribution agreement.
Amendment 246 #
Proposal for a regulation Recital 53 (53) As regards the typology of payments which may be made by authorising officers, clarification of the various types of payments should be provided, in accordance with the principle of sound financial management
Amendment 247 #
Proposal for a regulation Recital 54 (54) This Regulation should stipulate that the payments must be made within a specified time limit and that in the event of failure to respect this time limit creditors will be entitled to default interests to be charged to the budget, with the exception of Member States
Amendment 248 #
Proposal for a regulation Recital 54 (54) This Regulation should stipulate that the payments must be made within a specified time limit, and that in the event of failure to respect this time limit, creditors will be entitled to default interests to be charged to the budget, with the exception of Member States and also, as newly introduced,
Amendment 249 #
Proposal for a regulation Recital 55 (55) It is considered appropriate to integrate the provisions concerning validation and authorisation of expenditure in one article and to introduce a definition of de-commitments. Since the transactions are carried out in computerised systems, the concept of "signing a 'passed for payment' voucher" has been replaced by "electronically secured signature" except in a limited number of cases. It is also necessary to clarify that the validation of expenditure applies to all eligible costs, i
Amendment 250 #
Proposal for a regulation Recital 56 (56) In order to reduce complexity, streamline existing rules and improve the readability of this Regulation, rules common to more than one budget implementation instruments should be established. For those reasons certain
Amendment 251 #
Proposal for a regulation Recital 57 (57) More emphasis should be put on performance
Amendment 252 #
Proposal for a regulation Recital 60 Amendment 253 #
Proposal for a regulation Recital 60 Amendment 254 #
Proposal for a regulation Recital 60 Amendment 255 #
Proposal for a regulation Recital 60 Amendment 256 #
Proposal for a regulation Recital 60 a (new) (60 a) Financial instruments enable the Member States to reuse unspent resources from the European Structural and Investment Funds for future purposes. The coordination, synergy, and complementarity of these funds and EFSI for the benefit of the Member State and the regions concerned, and supporting thematic objectives of the Cohesion Policy, should remain possible under Article 265.
Amendment 257 #
Proposal for a regulation Recital 63 (63) This Regulation should establish standard periods for which documents relating to Union contributions should be kept by recipients so as to avoid divergent or disproportionate contractual requirements, while still providing the Commission, the European Anti-fraud office and the Court of Auditors with sufficient time to obtain access to such data and documents and perform the ex post checks and audits. In addition, participants and recipients should be obliged to cooperate in the protection of the Union's
Amendment 258 #
Proposal for a regulation Recital 64 (64) In order to provide adequate information to participants and recipients and to ensure that they have the possibility to exercise their right of defence, this Regulation should allow participants and recipients to submit their observations before adoption of any measure adversely affecting their rights and to be informed on the means of redress
Amendment 259 #
Proposal for a regulation Recital 66 (66) The early detection and exclusion sytem should apply to: * participants
Amendment 260 #
Proposal for a regulation Recital 68 (68) The decision to a) exclude a person or entity from participation in award procedures or the imposition of a financial penalty and b) the decision to publish the related information, should be taken by the authorising officer responsible, in light of their autonomy in administrative matters. In the absence of a final judgment or final administrative decision and in cases related to a serious breach of contract, the authorising officers responsible should take their decision having regard to the recommendation of the panel on the basis of a preliminary classification in law.
Amendment 261 #
Proposal for a regulation Recital 70 (70) The preliminary classification in
Amendment 262 #
Proposal for a regulation Recital 71 (71) A person or entity should be excluded by the authorising officer responsible when a final judgment or a final administrative decision has been taken in the case of grave professional misconduct, non-compliance, whether intentional or not, with the obligations related to the payment of social security contributions or the payment of taxes, tax good governance standards including fair tax competition, fraud affecting the budget , corruption, participation in a criminal organisation, money laundering, terrorist financing, terrorist related offences, child labour or other forms of trafficking in human beings or irregularity. It should also be excluded in the case of a serious breach of a legal commitment or bankruptcy. It should also be excluded in the case it does not comply with tax transparency and publicly disclose country by country reporting information as foreseen in Directive 2013/34/EU.
Amendment 263 #
Proposal for a regulation Recital 71 (71) A person or entity should be excluded by the authorising officer responsible when a final judgment or a final administrative decision has been taken in the case of any of the following: * grave professional misconduct
Amendment 264 #
Proposal for a regulation Recital 71 (71) A person or entity should be excluded by the authorising officer
Amendment 265 #
Proposal for a regulation Recital 71 (71) A person or entity should be excluded by the authorising officer responsible when a final judgment or a final administrative decision has been taken in the case of grave professional misconduct, non-compliance, whether intentional or not, with the obligations related to the payment of social security contributions or the payment of taxes, fraud affecting the budget
Amendment 266 #
Proposal for a regulation Recital 72 (72) When deciding on the exclusion of a person or entity, or the imposition of a financial penalty on a person or entity, and on the publication thereof
Amendment 267 #
Proposal for a regulation Recital 74 (74) A person or entity should not be subject to a decision of exclusion when it has taken remedial measures, thus demonstrating its reliability. That possibility should not apply in the case of
Amendment 268 #
Proposal for a regulation Recital 75 (75) In light of the principle of proportionality, cases where a) a financial penalty may be imposed as an alternative to the exclusion and b) cases where the gravity of the conduct of the recipient concerned in respect of attempting to unduly obtain Union funds justifies the imposition of a financial penalty in addition to the exclusion so as to ensure a deterrent effect, should be distinguished. The minimum and maximum financial penalty which can be imposed by the contracting authority should also be defined.
Amendment 269 #
Proposal for a regulation Recital 77 (77) The possibility to apply administrative and/or financial penalties on a regulatory basis is independent from the possibility to apply contractual penalties
Amendment 270 #
Proposal for a regulation Recital 80 (80) It is important to be able to reinforce the deterrent effect achieved by the exclusion and the financial penalty. In that regard, the deterrent effect should be reinforced by the possibility
Amendment 271 #
Proposal for a regulation Recital 84 (84) While the setting up and the operation of the early detection and exclusion system should be the responsibility of the Commission, other institutions and bodies
Amendment 272 #
Proposal for a regulation Recital 87 (87) This Regulation should foster the objective of e-Government
Amendment 273 #
Proposal for a regulation Recital 89 (89) Rules on the composition and tasks of the committee in charge of assessing application documents in procurement, grant award procedures and in contests for prizes should be laid down. The committee may be composed of external experts, if provided
Amendment 274 #
Proposal for a regulation Recital 90 (90) In line with the principle of good administration, the authorising officer should request clarifications or missing documents, while respecting the principle of equality of treatment and without substantially changing the application documents. The authorising officer may decide not to do so only in duly justified cases. In addition, the authorising officer should be able to correct an obvious clerical error or request the participant to correct it.
Amendment 275 #
Proposal for a regulation Recital 91 (91) Sound financial management should require that the Commission protects itself by requesting guarantees at the time of paying pre-financing. The requirement for contractors and beneficiaries to lodge guarantees should not be automatic, but should be based on a risk analysis. Where, during the course of implementation, the authorising officer discovers that a guarantor is no longer authorised to issue guarantees in accordance with the applicable national law, the authorising officer should be able to require replacement of the guarantee.
Amendment 276 #
Proposal for a regulation Recital 93 (93) The provisions on the ex-ante pillar assessment should be revised to enable the Commission to rely as much as possible on the systems and procedures of the partners which have been deemed equivalent to the ones used by the Commission. In addition, it is important to clarify that where the assessment reveals areas where the procedures in place are not sufficient to protect the financial interests of the Union, the Commission may sign contribution agreements while imposing additional supervisory measures. It is also important to clarify the areas where the Commission does not require a pillar assessment in order to sign contribution agreements.
Amendment 277 #
Proposal for a regulation Recital 94 (94) It is appropriate to indicate that the remuneration of the Organisations implementing the EU budget should, where relevant and possible, have a performance- based nature.
Amendment 278 #
Proposal for a regulation Recital 96 (96) It is important to
Amendment 279 #
Proposal for a regulation Recital 97 a (new) (97a) The utmost transparency should be ensured with regard to contractors and subcontractors, making the relevant data accessible.
Amendment 280 #
Proposal for a regulation Recital 103 (103) The contribution of contracting authorities to the protection of the environment and the promotion of sustainable development, while ensuring that they can obtain the best value for money for their contracts, in particular through requiring specific labels or through the use of appropriate award methods, should be clarified.
Amendment 281 #
Proposal for a regulation Recital 104 (104) In order to ensure that
Amendment 282 #
Proposal for a regulation Recital 105 (105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation, audit or control or an official or an agent of a Union institution is in such a situation. In cases where an economic operator attempts to unduly influence a procedure or obtain confidential information, this should be treated as grave professional misconduct. In addition, economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest. For instance,
Amendment 283 #
Proposal for a regulation Recital 124 (124) It is necessary to clarify the scope of the Title on grants, particularly with regard to the type of action or body eligible for a grant as well as with regard to legal commitments that may be used to cover grants. In particular, grant decisions should be phased out due to their limited use and progressive introduction of e-grants. The structure should be simplified by moving the provisions on instruments which are not grants to other parts of the Regulation. The nature of bodies which may receive operating grants should be clarified since the notion of bodies pursuing an aim of general Union interest is covered by the notion of bodies having an objective forming part of and supporting a Union policy.
Amendment 284 #
Proposal for a regulation Recital 125 (125) In order to simplify procedures and improve the readability of this Regulation, provisions related to the content of the grant application, of the call for proposals and of the grant agreement should be simplified and streamlined.
Amendment 285 #
Proposal for a regulation Recital 127 (127) Experience gained in the use of lump sums, unit costs or flat-rate financing has shown that
Amendment 286 #
Proposal for a regulation Recital 130 (130) The scope of checks and controls as opposed to the periodic assessment of lump sums, unit costs or flat rates should be clarified. Those checks and controls should focus on the fulfilment of the conditions
Amendment 287 #
Proposal for a regulation Recital 130 (130) The scope of checks and controls as opposed to the periodic assessment of lump sums, unit costs or flat rates should be clarified. Those checks and controls should
Amendment 288 #
Proposal for a regulation Recital 131 (131) In an environment of limited availability of resources and in order to facilitate the participation of small organisations in the implementation of
Amendment 289 #
Proposal for a regulation Recital 131 a (new) (131 a)In order to protect one of the fundamental principles of the public finances, the non-profit rule should be kept in this Regulation. The non-profit rule should be seen as one of the main instruments to avoid misuse of the public money.
Amendment 290 #
Proposal for a regulation Recital 136 (136) In recent years the Union has increasingly used financial instruments that
Amendment 291 #
Proposal for a regulation Recital 138 (138) Within the framework of the annual appropriations authorised by the European Parliament and the Council for a given programme, financial instruments should be used on the basis of an independent ex ante evaluation demonstrating that they are really effective for the achievement of the Union's policy objectives.
Amendment 292 #
Proposal for a regulation Recital 139 (139) Financial instruments, budgetary guarantees
Amendment 293 #
Proposal for a regulation Recital 140 (140) The instruments that potentially fall under Title X, such as loans, guarantees, equity investments, quasi-equity investment and risk-sharing instruments, should be defined. The definition of risk- sharing instruments should allow for the inclusion of credit enhancements for project bonds, covering the debt service risk of a project and mitigating the credit risk of bond holders through credit enhancements in the form of a loan or a guarantee.
Amendment 294 #
Proposal for a regulation Recital 142 (142) It is appropriate to recognise the alignment of interests in pursuing Union policy objectives and, in particular, that the
Amendment 295 #
Proposal for a regulation Recital 144 (144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules
Amendment 296 #
Proposal for a regulation Recital 144 (144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the corresponding rules on financial instruments
Amendment 297 #
Proposal for a regulation Recital 144 (144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules
Amendment 298 #
Proposal for a regulation Recital 145 (145) In addition, the implementation of financial instruments and budgetary guarantees should comply with the Union's tax policy objectives and achievements regarding tax avoidance, in particular aggressive tax planning and tax good governance. In that respect, attention should be given to the Commission Recommendation on aggressive tax planning (C(2012)8806), the Commission
Amendment 299 #
Proposal for a regulation Recital 146 (146) Budgetary guarantees and financial assistance to Member States
Amendment 300 #
Proposal for a regulation Recital 153 (153) Financial assistance to Member States
Amendment 301 #
Proposal for a regulation Recital 155 Amendment 302 #
Proposal for a regulation Recital 155 Amendment 303 #
Proposal for a regulation Recital 155 a (new) (155a) The Union budget should, under no circumstances, fund European political parties and European foundations, which should be funded through voluntary contributions from their members.
Amendment 304 #
Proposal for a regulation Recital 156 Amendment 305 #
Proposal for a regulation Recital 156 Amendment 306 #
Proposal for a regulation Recital 157 Amendment 307 #
Proposal for a regulation Recital 158 Amendment 308 #
Proposal for a regulation Recital 158 Amendment 309 #
Proposal for a regulation Recital 158 (158) Although financial support is awarded without an annual work programme being required, European political parties should justify ex post the sound use of Union funding. In particular, the authorising officer responsible should verify if the funding has been used to pay reimbursable expenditure as established in the call for contributions within the time limits laid down in this Regulation.
Amendment 310 #
Proposal for a regulation Recital 159 Amendment 311 #
Proposal for a regulation Recital 159 Amendment 312 #
Proposal for a regulation Recital 160 Amendment 313 #
Proposal for a regulation Recital 160 Amendment 314 #
Proposal for a regulation Recital 161 Amendment 315 #
Proposal for a regulation Recital 161 Amendment 316 #
Proposal for a regulation Recital 163 Amendment 317 #
Proposal for a regulation Recital 163 a (new) (163 a)Trust funds constitute a problematic financial instrument as they may seriously alter budgets adopted by the budgetary authorities and bear the risk of using funds from financing instruments for purposes not foreseen in the latter's basic act. Trust funds do, however, add value through pooling of resources as long as this pooling is not mostly limited to Union resources.
Amendment 318 #
Proposal for a regulation Recital 164 (164) The Commission should be authorised to create and manage Union trust funds for emergency, post-emergency or thematic actions
Amendment 319 #
Proposal for a regulation Recital 164 (164) The Commission should be authorised to create and manage Union
Amendment 320 #
Proposal for a regulation Recital 164 (164) The Commission should be authorised to create and manage Union trust funds for emergency, post-emergency or thematic
Amendment 321 #
Proposal for a regulation Recital 165 (165) In line with the streamlining of the existing rules and in order to avoid undue repetition,
Amendment 322 #
Proposal for a regulation Recital 167 (167) The manner in which the institutions currently report on building projects to the European Parliament and the Council should be
Amendment 323 #
Proposal for a regulation Recital 169 Amendment 324 #
Proposal for a regulation Recital 170 (170) In order to ensure that the European Union Programme for Employment and Social Innovation (EaSI) provides swiftly adequate resources to support changing political priorities, the indicative shares for each of the three ax
Amendment 325 #
Proposal for a regulation Recital 173 (173) As the amendment of provisions of Regulation (EU) No 1303/2013 of the European Parliament and of the Council19 provides more favourable conditions for certain revenue generating operations for which amounts or rates of support are defined in Annex II to EMFF Regulation, it is necessary to establish a different date of entry into force for these provisions to ensure equal treatment of operations supported on the basis of Regulation (EU) No 1303/2013. _________________ 19 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council
Amendment 326 #
Proposal for a regulation Recital 176 (176) In view of maximising the synergies between all Union funds to address the challenges of migration and asylum in an effective way, it should be ensured that
Amendment 327 #
Proposal for a regulation Recital 178 Amendment 328 #
Proposal for a regulation Recital 178 Amendment 329 #
Proposal for a regulation Recital 178 Amendment 330 #
Proposal for a regulation Recital 178 Amendment 331 #
Proposal for a regulation Recital 179 (179) In order to facilitate the preparation and implementation of community-led local development strategies, the lead fund should be allowed to cover preparatory, running and animation costs.
Amendment 332 #
Proposal for a regulation Recital 180 (180) In order to facilitate the implementation of community-led local development and integrated territorial investments,
Amendment 333 #
Proposal for a regulation Recital 182 (182) Many Member States have established publicly-owned banks or financial institutions that operate under a public policy mandate to promote economic development. Such banks or financial institutions have specific characteristics which differentiate them from private commercial banks in relation to their ownership, their development mandate and the fact that they do not have the objective of maximising profits. The role of such banks is notably to mitigate
Amendment 334 #
Proposal for a regulation Recital 184 Amendment 335 #
Proposal for a regulation Recital 184 Amendment 336 #
Proposal for a regulation Recital 188 Amendment 337 #
Proposal for a regulation Recital 192 (192) With a view to facilitate the implementation of revenue generating operations, reduction of the co-financing rate should be allowed at any time of the programme implementation and possibilities for the establishment of flat- rate net revenue percentages at national level should be provided.
Amendment 338 #
Proposal for a regulation Recital 197 (197) In view of the aim to reduce the addministrative burden of the implementation of projects by beneficia
Amendment 339 #
Proposal for a regulation Recital 202 Amendment 340 #
Proposal for a regulation Recital 202 (202) With a view to improving the effectiveness and impact of operations, implementation of nation-wide operations
Amendment 341 #
Proposal for a regulation Recital 204 (204) In order to promote the use of joint action plans which will reduce administrative burden for beneficiaries, it is necessary to reduce regulatory requirements linked to the setting up of a joint action plan.
Amendment 342 #
Proposal for a regulation Recital 206 (206) With a view to reducing the administrative burden and ensuring the effective use of technical assistance across Funds and categories of regions, flexibility for the calculation and monitoring of the respective limits applicable to technical assistance of Member States should be increased
Amendment 343 #
Proposal for a regulation Recital 208 (208) The responsibilities of the managing authorities regarding the verification of expenditure when simplified cost options are being used, should be specified more in detail.
Amendment 344 #
Proposal for a regulation Recital 211 (211) With a view to facilitat
Amendment 345 #
Proposal for a regulation Recital 214 (214) Nowadays farmers are exposed to increasing economic risks as a consequence of market developments. However, those economic risks do not affect all agricultural sectors equally. Consequently, and provided that the international obligations of the Union are respected, Member States should have
Amendment 346 #
Proposal for a regulation Recital 216 (216) Support for investments for the restoration of production potential after natural disasters and catastrophic events under Articles 18(1)(b) and 24(1)(d) of Regulation (EU) No 1305/2013 is usually granted to all eligible applicants. Therefore, Member States should not be obliged to define selection criteria for restoration operations. Moreover,
Amendment 347 #
Proposal for a regulation Recital 217 (217) Article 59 of Regulation (EU) No 1305/2013 defines the maximum EAFRD contribution rates. In order to ease the pressure on the national budget of some Member States and to accelerate much- needed investments in countries and regions where it is most needed (such as Cyprus), the maximum contribution rate of 100% referred to in Article 59(4)(f) should be extended until the programme closure. In addition, a reference to the specific contribution rate introduced in Regulation (EU) No 1303/2013 for the new financial instrument referred to in point (c) of Article 38(1) of the same Regulation should be mentioned in Article 59(4).
Amendment 348 #
Proposal for a regulation Recital 218 (218) Pursuant to Article 60(1) of Regulation (EU) No 1305/2013, in cases of emergency measures due to natural disasters, eligibility of expenditure relating to programme changes may start from the date when the natural disaster occurred. This possibility to
Amendment 349 #
Proposal for a regulation Recital 219 (219) According to the second subparagraph of Article 60(2) of Regulation (EU) No 1305/2013, in respect of investments in the agricultural sector, only expenditure incurred after the submission of an application is eligible. Members States should be given the possibility to provide in their programmes that
Amendment 350 #
Proposal for a regulation Recital 225 (225) Experience has shown that the rule, first introduced with Regulation (EU) No 1290/2005, of equally sharing between the budget and the Member States the risk of the lack of recovery of sums due for irregularities when these sums had not been recovered within reasonable deadlines (so called 50/50 rule), has worked well for the safeguarding of the budget. However, such a system entails a heavy administrative and book-keeping burden for both the European Commission and the Member States. It is therefore considered appropriate to further change this approach and charge the related sums entirely to the Member States concerned after the expiry of the related deadlines, while allowing them, on the other side, to keep in their national budgets the sums subsequently recovered at the end of the related recovery procedures.
Amendment 351 #
Proposal for a regulation Recital 227 (227) The experience gained so far shows that
Amendment 352 #
Proposal for a regulation Recital 230 (230) Pursuant to Article 52 of Regulation (EU) No 1307/2013, Member States may
Amendment 353 #
Proposal for a regulation Recital 232 (232) In addition to withdrawals for free distribution, it is also appropriate to grant coaching actions intended to encourage producers to set up organisations meeting the criteria to be recogni
Amendment 354 #
Proposal for a regulation Recital 233 (233) Crisis prevention and management measures should be extended to cover refilling of mutual funds which could act as new instruments to help
Amendment 355 #
Proposal for a regulation Recital 236 (236) In order to simplify the current procedure of first, authorising Member States to grant additional national financial assistance to producer organisations in regions of the Union where the organisation degree is particularly low and second, reimbursing a part of the national financial assistance if further conditions are complied with, a new system could be established. Member States where the organisation rate is particularly low
Amendment 356 #
Proposal for a regulation Recital 238 (238) The EGF should continue after 31 December 2017 to temporarily provide assistance to young people not in employment, education or training (NEETs) who reside in are
Amendment 357 #
Proposal for a regulation Recital 239 Amendment 358 #
Proposal for a regulation Recital 239 (239) In order to increase the efficiency of the intervention, a blending facility or blending facilities may be established under the Connecting Europe Facility (CEF). Such blending facilities should finance blending operations which are actions combining non-reimbursable forms of support, such as Member States´ budgets and CEF grants, and/or financial instruments from the Union budget, including combinations of CEF equity and CEF debt financial instruments, and financing from the EIB Group (including EIB financing under EFSI), development or other finance institutions as well as investors and/or private financial support, including both direct and indirect financial contributions (including through Public Private Partnership constructions).
Amendment 359 #
Proposal for a regulation Recital 240 Amendment 360 #
Proposal for a regulation Recital 242 (242) Only grants and procurement may currently be used to support actions in the area of Digital Service Infrastructures. In order to ensure that they are as efficient as possible, financial instruments should also be made available to support these actions.
Amendment 361 #
Proposal for a regulation Recital 246 (246) In order to avoid unfair treatment of partner organisations, irregularities that are imputable only to the body in charge of purchasing the assistance
Amendment 362 #
(250) Regulation (EU) No 652/2014 of the European Parliament and of the Council25 provides for the possibility to divide budgetary commitments into annual instalments only in the case of approval of multiannual programmes for the eradication, control and surveillance of animal diseases and zoonoses, for survey programmes concerning the presence of pests and for programmes concerning the control of pests in outermost regions of the Union. In the interest of simplification and in order to reduce the administrative burden, this possibility should be extended to the other actions provided for in Regulation (EU) No 652/2014. _________________ 25 Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).
Amendment 363 #
Amendment 364 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘blending operation’ means an action c
Amendment 365 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘blending operation’ means an action carried out within a blending facility which combines non-repayable forms of support and/or financial instruments from the EU budget and financial instruments from development or other public finance institutions as well as from commercial finance institutions and investors, notwithstanding the rule contained in Article 201(4) stating that only public law bodies or bodies with a public service mission may be entrusted with the implementation of the Union budget. Blending operations may include preparatory action leading to potential investments from finance institutions;
Amendment 366 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Amendment 367 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘blending facility’ means a facility established as a cooperation framework between the Commission and development or other public finance institutions as well as commercial finance institutions and investors which aims at achieving certain Union priority objectives and policies in using blending operations and other individual actions, notwithstanding the rule contained in Article 201(4) stating that only public law bodies or bodies with a public service mission may be entrusted with the implementation of the Union budget;
Amendment 368 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘blending facility’ means a facility established as a cooperation framework between the Commission and development or other public finance institutions as well as any private commercial finance institutions and/or investors which aim
Amendment 369 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) 7 a. " budget implementation" means a process including the stages of management, implementation, control and audit of Union financial resources, which involves the Commission and other actors depending on different methods of implementation;
Amendment 370 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 27. ‘financial instruments’ means Union measures of financial support provided from the budget, and from national co-financing in case of financial instruments under shared implementation, in order to address one or more specific policy objectives of the Union. Such instruments may take the form of equity or quasi-equity investments, loans or guarantees, or other
Amendment 371 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 27. ‘financial instruments’ means Union measures of financial support provided from the budget in order to address one or more specific policy objectives of the Union. Such instruments may take the form of equity or quasi-equity investments, loans or guarantees, repayable advances or other risk-sharing instruments, and may, where appropriate, be combined with other forms of financial support or with funds under shared implementation or EDF funds;
Amendment 372 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 27. ‘financial instruments’ means Union measures of financial support provided from the budget in order to address one or more specific policy objectives of the Union. Such instruments may take the form of equity or quasi-equity investments, loans, repayable advances or guarantees, or other risk-sharing instruments, and may, where appropriate, be combined with other forms of financial support or with funds under shared implementation or EDF funds;
Amendment 373 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 a (new) 27a. 'repayable advance' means a loan for a project which is paid in one or more instalments, the conditions for the reimbursement of which depend on the outcome of the project.
Amendment 374 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 a (new) 29 a. 'grant' means direct financial contribution by way of donation from the Union budget under direct implementation, shared implementation and indirect implementation;
Amendment 375 #
Proposal for a regulation Article 2 – paragraph 1 – point 34 34. ‘loan’ means an agreement which obliges the lender to make available to the borrower an agreed sum of money for an agreed period of time and under which the borrower is obliged to repay that amount within the agreed time; such loans may take the form of a repayable advance;
Amendment 376 #
38. 'multiplier effect' means the
Amendment 377 #
Proposal for a regulation Article 2 – paragraph 1 – point 38 a (new) 38 a. 'output' means the specific desired outcome of a project, which is established in advance and upon the attainment of which the reimbursement of costs incurred by a beneficiary depends;
Amendment 378 #
Proposal for a regulation Article 2 – paragraph 1 – point 46 a (new) 46 a. 'repayable advance' means a loan for a project which is paid in one or more instalments and the conditions for the reimbursement of which depend on the outcome of the project;
Amendment 379 #
Proposal for a regulation Article 2 – paragraph 1 – point 49 a (new) 49 a. 'results' mean the achievement of specific performance measured by reference to the previously set milestones or through performance indicators, upon which the reimbursement of costs incurred by a beneficiary depends;
Amendment 380 #
Proposal for a regulation Article 2 – paragraph 1 – point 51 a (new) 51 a. "sound financial management" means a principle of implementation of the Union budget in economical, efficient and effective way;
Amendment 381 #
Proposal for a regulation Article 2 – paragraph 1 – point 51 a (new) 51 a. 'small grant' means a grant above EUR 60 000 and lower than or equal to EUR 250 000;
Amendment 382 #
Proposal for a regulation Article 2 – paragraph 1 – point 51 a (new) 51 a. "small grant" means a grant above EUR 60 000 and lower than or equal to EUR 250 000;
Amendment 383 #
60 a. 'withdrawing Member State' means a Member State which has officially triggered Article 50 of the TEU and whose final agreement with the Union has not entered into force;
Amendment 384 #
Proposal for a regulation Article 2 – paragraph 1 – point 60 b (new) 60 b. 'provisional agreement' means a temporary agreement agreed between the Union and a withdrawing Member State which shall end with the entry into force of the final agreement agreed between the Union and the withdrawing Member State;
Amendment 385 #
Proposal for a regulation Article 2 – paragraph 1 – point 60 c (new) 60 c. 'volunteer' means a person doing an unpaid non-compulsory activity for a non-profit organisation.
Amendment 386 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – introductory part Appropriations may be carried over, but only to the following financial year,
Amendment 387 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point e Amendment 388 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point e (e) appropriations
Amendment 389 #
(e) appropriations kept unallocated at the beginning of the financial year relating to the funds referred to in Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre- accession Assistance (IPA II), Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (ENI) and Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 (DCI), within a limit of
Amendment 390 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point e a (new) (e a) - non-cumulative carry over appropriations could be introduced for non-personnel budget lines up to 5 % of the budget line concerned.
Amendment 391 #
Amendment 392 #
Proposal for a regulation Article 12 – paragraph 2 – point 1 (new) (1) Every year by 15 February, each institution concerned shall submit to the European Parliament and the Council a proposal containing a comprehensive list of all the appropriations it intends to carry over pursuant to paragraph 2. The institution concerned shall also state, for each budget line, how the criteria in points (a), (b) and (c) have been applied to each carry-over it envisages. The European Parliament and the Council, the latter acting by qualified majority, shall deliberate upon each carry-over proposal by 31 March of the current financial year. A carry-over proposal shall be deemed approved, unless the European Parliament or the Council have taken a decision contrary to the proposal by 31 March. If either the European Parliament or the Council has amended the amount of a proposed carry-over while the other institution has not taken a decision contrary to that carry-over, or if the European Parliament and the Council have both amended the amount of a carry-over, then that carry-over shall be deemed approved in the lesser of the two amounts.
Amendment 393 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) amounts corresponding to commitment and payment appropriations for the Emergency Aid Reserve and
Amendment 394 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) amounts corresponding to commitment and payment appropriations for the Emergency Aid Reserve and for the European
Amendment 395 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) amounts corresponding to commitment
Amendment 396 #
Proposal for a regulation Article 12 – paragraph 3 – point b – paragraph 1 Amendment 397 #
Proposal for a regulation Article 12 – paragraph 3 – point d Amendment 398 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 399 #
Proposal for a regulation Article 12 – paragraph 4 a (new) 4 a. In respect of non-differentiated appropriations a distinction shall be made between planned and unplanned carry- overs. The definition and reporting of those categories should be established in guidelines by the Commission in agreement with the European Parliament and the Court of Auditors.
Amendment 400 #
Proposal for a regulation Article 12 – paragraph 4 a (new) 4 a. In respect of non-differentiated appropriations a distinction shall be made between planned and unplanned carry- overs. The definition and reporting of those categories shall be established in guidelines by the Commission in cooperation with the Court of Auditors.
Amendment 401 #
Proposal for a regulation Article 12 – paragraph 4 a (new) 4 a. In respect of non-differentiated appropriations a distinction shall be made between planned and unplanned carry- overs. The definition and reporting of those categories shall be established by the Commission in cooperation with the Court of Auditors.
Amendment 402 #
Proposal for a regulation Article 12 – paragraph 5 5. Without prejudice to paragraph
Amendment 403 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 404 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 Without prejudice to paragraphs (1) and (2), decommitted appropriations made in year n-2 shall be made available again to the
Amendment 405 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 Amendment 406 #
Proposal for a regulation Article 15 – paragraph 4 – subparagraph 1 If the continuity of action by the Union so require, the
Amendment 407 #
Proposal for a regulation Article 15 – paragraph 4 – subparagraph 2 – introductory part The decision referred to in the first subparagraph shall enter into force 30 days following its adoption unless the
Amendment 408 #
Proposal for a regulation Article 15 – paragraph 4 – subparagraph 2 – point a (a) acting by a
Amendment 409 #
Proposal for a regulation Article 15 – paragraph 4 – subparagraph 2 – point b (b) informs the
Amendment 410 #
Proposal for a regulation Article 20 – paragraph 2 – point g a (new) g a) resources coming from Member States not complying with the corrective allocation mechanism established under Regulation (EU) No 604/2013.
Amendment 411 #
Proposal for a regulation Article 22 a (new) Article 22 a Assigneed revenue resulting from the participation of a withdrawing Member State in certain Union programmes 1. The budget structure to accommodate the revenue provided for in Article 20(2)(e) shall be as follows: in the statement of revenue, a line with a token entry pro memoria shall be entered to accommodate the full amount of the withdrawing Member State's contribution for the financial year in question; 2. Under the provisional agreement the amounts of the annual participation of the withdrawing Member State shall give rise to the provision, at the start of the financial year, of the full amounts of the corresponding commitment appropriations and payment appropriations.
Amendment 412 #
Proposal for a regulation Article 23 Amendment 413 #
Proposal for a regulation Article 24 Amendment 414 #
Proposal for a regulation Article 24 – paragraph 2 – introductory part 2.
Amendment 415 #
Proposal for a regulation Article 24 – paragraph 2 – point a Amendment 416 #
(aa) as regards transparency, all the data concerning the sponsoring and sponsors are published;
Amendment 417 #
Proposal for a regulation Article 24 – paragraph 2 – point b Amendment 418 #
Proposal for a regulation Article 24 – paragraph 2 – point c Amendment 419 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 1 – point e Amendment 420 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 6 Three weeks before making the transfers referred to in
Amendment 421 #
The Commission may submit proposals for transfers of payment appropriations to the funds managed under shared implementation with the exception of the EAGF to the European Parliament and the Council by 10 January of the following financial year. The transfer of the payment appropriations may be made from any item of the budget.
Amendment 422 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 2 Amendment 423 #
Proposal for a regulation Article 29 – paragraph 6 – introductory part 6. The transfer proposal shall be approved, if, within the six-week period,
Amendment 424 #
Proposal for a regulation Article 29 – paragraph 6 – point a Amendment 425 #
Proposal for a regulation Article 29 – paragraph 6 – point b Amendment 426 #
Proposal for a regulation Article 29 – paragraph 6 – point c Amendment 427 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 428 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 429 #
Proposal for a regulation Article 30 – paragraph 4 – subparagraph 1 Decisions on transfers to allow the use of the emergency aid reserve
Amendment 430 #
Proposal for a regulation Article 30 – paragraph 4 – subparagraph 1 Decisions on transfers to allow the use of the emergency aid reserve and the European
Amendment 431 #
Proposal for a regulation Article 30 – paragraph 4 – subparagraph 3 – introductory part Proposals for transfers from the emergency aid reserve
Amendment 432 #
Proposal for a regulation Article 30 – paragraph 4 – subparagraph 3 – introductory part Proposals for transfers from the emergency aid reserve and the European
Amendment 433 #
Proposal for a regulation Article 30 – paragraph 5 Amendment 434 #
Proposal for a regulation Article 31 – paragraph 1 – introductory part 1. Appropriations shall
Amendment 435 #
Proposal for a regulation Article 32 – paragraph 1 1. Programmes and activities which entail significant spending
Amendment 436 #
Proposal for a regulation Article 32 – paragraph 2 2.
Amendment 437 #
Proposal for a regulation Article 32 – paragraph 3 3.
Amendment 438 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 1 Any proposal or initiative submitted to the legislative authority by the Commission, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) or by a Member State, which may have an impact on the budget, including changes in the number of posts, shall be accompanied by a financial statement and by an
Amendment 439 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 The budgets shall be published within t
Amendment 440 #
Proposal for a regulation Article 35 – paragraph 2 – subparagraph 2 The budgets shall be published within
Amendment 441 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 3 The information on recipients of Union’s funds implemented under direct implementation shall be published on an internet site of the Union institutions and in the Financial Transparency System, no later than 30 June of the year following the financial year in which the funds were
Amendment 442 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 3 The information on recipients of Union’s funds implemented under direct implementation shall be published
Amendment 443 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 3 The information on recipients of Union’s funds implemented under direct implementation shall be published
Amendment 444 #
Proposal for a regulation Article 36 – paragraph 2 – subparagraph 1 – point c (c) the amount
Amendment 445 #
Proposal for a regulation Article 36 – paragraph 2 – subparagraph 1 – point c (c) the amount
Amendment 446 #
Amendment 447 #
Proposal for a regulation Article 36 – paragraph 3 3. Where natural persons are concerned, the publication shall be limited to the name and locality of the recipient, the amount legally committed and the purpose of the measure. The disclosure of those data shall be based on relevant criteria such as the periodicity, or the type or importance of the measure.
Amendment 448 #
Proposal for a regulation Article 36 – paragraph 4 a (new) 4 a. The Commission, with the help of the Member States, shall make available, in an appropriate and timely manner, information on recipients, as well as the nature and purpose of the measure financed from the budget, where the latter is implemented directly in accordance with point (b) of Article 61(1). The obligation set out in the first subparagraph shall also apply to local authorities when they implement the Union budget. The information on recipients of Union's funds implemented under shared implementation shall be published on an internet site of the Union institutions, no later than 30 June of the year following the financial year in which the funds were legally committed. The information referred to in the first subparagraph shall be made available, having due regard for the requirements of confidentiality and security, in particular the protection of personal data and shall include the following: (a) the name of the recipient; (b) the locality of the recipient; (c) the amount legally committed; (d) the nature and purpose of the measure. For the purposes of point b) of the fourth subparagraph the term ‘locality’ shall mean: (i) the address of the recipient when the latter is a legal person (ii) the Region on NUTS 2 level when the recipient is a natural person This information shall only be published for prizes, grants and contracts which have been awarded as a result of contests or grant award procedures or public procurement procedures, and for experts which have been selected pursuant to Article 230(2). The information shall not be published for: (i)education supports paid to natural persons and other direct support paid to natural persons most in need as referred to in point (b) of Article 185(4) (ii) very low value contracts awarded to experts selected pursuant to Article 230(2) as well as very low value contracts below the amount referred to in point 14.4 of the Annex to this Regulation The internet site of the Union institutions shall contain at least a reference to the address of the website where the information can be found if it is not published directly on the dedicated place of the internet site of the Union institutions. Where natural persons are concerned, the publication shall be limited to the name and locality of the recipient, the amount legally committed and the purpose of the measure. The disclosure of those data shall be based on relevant criteria such as the periodicity, or the type or importance of the measure. As far as personal data are concerned, the information shall be removed two years after the end of the financial year in which the amount was legally committed. The same shall apply to personal data referring to legal persons for whom the official title identifies one or more natural persons. The publication shall be waived if such disclosure risks threatening the rights and freedoms of individuals concerned as protected by the Charter of Fundamental Rights of the European Union or harm the commercial interests of the recipients.
Amendment 449 #
Proposal for a regulation Article 36 – paragraph 5 – subparagraph 2 Amendment 450 #
Proposal for a regulation Article 36 – paragraph 5 – subparagraph 2 The information on final recipients of funds provided through financial instruments who receive support from the Union budget for an amount lower than EUR
Amendment 451 #
Proposal for a regulation Article 36 – paragraph 5 – subparagraph 2 The information on final recipients of funds provided through financial instruments who receive support from the Union budget for an amount lower than EUR
Amendment 452 #
Proposal for a regulation Article 36 – paragraph 5 – subparagraph 2 The information on final recipients of funds provided through financial instruments who receive support from the Union budget for an amount lower than EUR
Amendment 453 #
Proposal for a regulation Article 36 – paragraph 5 a (new) 5 a. The publications as referred in to this Article shall be available on a single website under the responsibility of the Commission.
Amendment 454 #
Proposal for a regulation Article 39 – paragraph 1 – subparagraph 1 a (new) Before submitting the draft budget, the Commission shall perform a consultation of citizens.
Amendment 455 #
Proposal for a regulation Article 39 – paragraph 3 – point b – point iii (iii) the number of posts actually filled at the beginning of the year in which the draft budget is presented, indicating their distribution by grade
Amendment 456 #
Proposal for a regulation Article 39 – paragraph 3 a (new) 3 a. a comparative table including the Commission's draft budget for the other institutions and the other institutions' original financial requests as sent to the Commission;
Amendment 457 #
Proposal for a regulation Article 39 – paragraph 4 – subparagraph 1 – point k a (new) (ka) the amount of private capital attracted;
Amendment 458 #
This working document shall also include specific information on the ten worst- performing financial instruments, as well as an overview of the administrative expenditure arising from management fees and other financial and operating charges paid for the management of financial instruments in total and per managing party and per financial instrument managed.
Amendment 459 #
Proposal for a regulation Article 39 – paragraph 6 6. Where the Commission makes use of Union Trust Funds, it shall attach to the draft budget a working document on the activities supported by Union Trust Funds, on their implementation and performance and how the actions under the Trust Funds have contributed to the objectives laid down in the basic act of the instrument from which the Union contribution to the Trust Funds were provided.
Amendment 460 #
Proposal for a regulation Article 39 – paragraph 6 6. Where the Commission makes use of Union Trust Funds for external actions, it shall attach to the draft budget a working document on the activities supported by
Amendment 461 #
Proposal for a regulation Article 42 – paragraph 2 – subparagraph 2 Before presenting a draft amending budget, the Commission and the other institutions shall examine the scope for reallocation of the relevant appropriations, with particular reference to any expected under- implementation of appropriations without putting into danger programmes already adopted and being implemented especially those contributing to the Union objectives.
Amendment 462 #
Proposal for a regulation Article 44 – paragraph 1 – point b (b) separate sections for each institution
Amendment 463 #
Proposal for a regulation Article 48 – paragraph 1 The Commission section of the budget may include a "negative reserve" limited to a maximum amount of EUR
Amendment 464 #
Proposal for a regulation Article 49 – title Emergency Aid Reserve
Amendment 465 #
Proposal for a regulation Article 49 – title Emergency Aid Reserve and European
Amendment 466 #
Proposal for a regulation Article 49 – paragraph 1 1. The Commission section of the budget shall include a reserve for emergency aid for third countries and a
Amendment 467 #
Proposal for a regulation Article 49 – paragraph 1 1. The Commission section of the budget shall include a reserve for emergency aid for third countries
Amendment 468 #
Proposal for a regulation Article 49 – paragraph 2 2. The reserves referred to in paragraph 1 shall be drawn upon before the end of the financial year by means of transfer in accordance with the procedure laid down in Article
Amendment 469 #
Proposal for a regulation Article 50 – paragraph 1 – point a – point v a (new) (v a) all revenue and expenditure under the respective European Development Funds entered under a special budget heading within the Commission section;
Amendment 470 #
Proposal for a regulation Article 54 – paragraph 3 3. Citizens may be consulted on the preparation and the implementation of the Union budget by the Commission, Member States or any other entity implementing the Union budget. Such consultations shall be encouraged as much as possible, including through the representative associations. The consultation as referred in to the first subparagraph shall respect the principle of transparency, diversity and proportionality, whereas: (i) transparency means that the consultation shall be public and accessible to a wide public; (ii) diversity means that the consultation shall not lead to an overrepresentation of a certain group or part of the societies; (iii) proportionality means that the consultation, and the inherent costs, shall be consistent with the size of the project or programme.
Amendment 471 #
Proposal for a regulation Article 54 – paragraph 3 Amendment 472 #
Proposal for a regulation Article 54 – paragraph 3 3.
Amendment 473 #
Proposal for a regulation Article 54 – paragraph 3 3. Citizens may be consulted on the aims of future implementation of a specific part of the Union budget by the Commission, Member State
Amendment 474 #
Proposal for a regulation Article 56 – paragraph 2 – point a – paragraph 2 The total amount of appropriations for the pilot projects shall not exceed EUR 40 000 000 in any financial year, not including pilot projects proposed by the Commission.
Amendment 475 #
Proposal for a regulation Article 56 – paragraph 2 – point a – paragraph 2 The total amount of appropriations for the pilot projects shall not exceed EUR
Amendment 476 #
Proposal for a regulation Article 56 – paragraph 2 – point b – paragraph 2 The total amount of appropriations for new preparatory actions referred to under this point shall not exceed EUR 50 000 000 in any financial year, and the total amount of appropriations actually committed for preparatory actions shall not exceed EUR 100 000 000, not including preparatory actions proposed by the Commission.
Amendment 477 #
Proposal for a regulation Article 56 – paragraph 2 – point b – paragraph 2 The total amount of appropriations for new preparatory actions referred to under this point shall not exceed EUR 75
Amendment 478 #
Proposal for a regulation Article 57 – paragraph 1 1.
Amendment 479 #
Proposal for a regulation Article 61 – paragraph 1 – point c – introductory part (c) indirectly (‘indirect implementation'), where this is provided for in the basic act or in the cases referred to in points (a) to (d) of the first subparagraph of Article 56(2),
Amendment 480 #
Proposal for a regulation Article 61 – paragraph 1 – point c – point i Amendment 481 #
Proposal for a regulation Article 62 – paragraph 1 1. Where the
Amendment 482 #
Proposal for a regulation Article 62 – paragraph 2 – subparagraph 1 – point b a (new) (ba) cooperating with the Commission, OLAF and the European Court of Auditors.
Amendment 483 #
Proposal for a regulation Article 62 – paragraph 3 – subparagraph 1 In accordance with the criteria and procedures laid down in sector-specific rules, Member States shall, at the appropriate level, designate bodies to be responsible for the management and control of Union funds. Such bodies may also carry out tasks not related to the management of Union funds and may entrust certain of their tasks to other bodies
Amendment 484 #
Proposal for a regulation Article 62 – paragraph 5 – subparagraph 5 In addition, Member States
Amendment 485 #
Proposal for a regulation Article 62 – paragraph 9 Amendment 486 #
Proposal for a regulation Article 62 – paragraph 9 9.
Amendment 487 #
Proposal for a regulation Article 62 – paragraph 9 9. Resources allocated to Member States under shared implementation
Amendment 488 #
Proposal for a regulation Article 62 a (new) Amendment 489 #
Proposal for a regulation Article 63 – paragraph 1 1. "European offices" are administrative structures set up by the Commission or by the Commission with one or more institutions with the approval of the European Parliament and the Council to perform specific cross-cutting tasks, provided that that can be justified by a cost-benefit study and an assessment of the associated risks.
Amendment 490 #
Proposal for a regulation Article 65 – paragraph 1 – point b (b) conclude ad hoc service-level agreements by means of public procurement procedures. In such cases, the Director of the European office shall adopt, in accordance with its act of establishment, the specific provisions governing the implementation of those tasks, the recovery of costs incurred, and the keeping of the corresponding accounts. The office shall report to the institutions, Union bodies or other European offices concerned of the results of such accounts.
Amendment 491 #
Proposal for a regulation Article 69 – paragraph 5 a (new) 5a. The audit of the bodies referred to in paragraph 1 shall remain under the full responsibility of the Court of Auditors which manages all administrative and procurement procedures required.
Amendment 492 #
Proposal for a regulation Article 69 – paragraph 6 6. An independent external auditor shall verify that the annual accounts of each of the bodies referred to in paragraph 1 of this Article properly present the income, expenditure and financial position of the relevant body prior to the consolidation in the Commission's final accounts. Unless otherwise provided in the basic act referred to in paragraph 1 of this Article, the Court of Auditors shall prepare a Specific Annual Report on each body in line with the requirements of Article 287(1) TFEU. In preparing this report, the Court shall consider the audit work performed by the independent external auditor and the action taken in response to the auditor's findings. In the case of the decentralized agencies, the audit should remain under the full responsibility of the Court of Auditors in line with the paragraph 54 of Common Approach of the Agreement of the Parliament, the Council and the Commission.
Amendment 493 #
Proposal for a regulation Article 69 – paragraph 6 6. An independent external auditor shall verify that the annual accounts of each of the bodies referred to in paragraph 1 of this Article properly present the income, expenditure and financial position of the relevant body prior to the consolidation in the Commission's final
Amendment 494 #
Proposal for a regulation Article 69 – paragraph 6 6. An independent external auditor, whose fees are to be borne by the Court of Auditors, shall verify that the annual accounts of each of the bodies referred to in paragraph 1 of this Article properly present the income, expenditure and financial position of the relevant body prior to the consolidation in the Commission's final accounts. Unless otherwise provided in the basic act referred to in paragraph 1 of this Article, the Court of Auditors shall prepare a Specific Annual Report on each body in line with the requirements of Article 287(1) TFEU. In preparing this report, the Court shall consider the audit work performed by the independent external auditor and the action taken in response to the auditor's findings.
Amendment 495 #
Proposal for a regulation Article 69 – paragraph 6 a (new) 6a. All aspects of the external audits, including the reported audit findings, shall remain under the full responsibility of the Court of Auditors, which manages all administrative and procurement procedures required and finances these, as well as any other associated costs, from its own budget.
Amendment 496 #
Proposal for a regulation Article 70 – paragraph 5 Paragraphs 2, 3, 4 and
Amendment 497 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 2 The extent in terms of frequency and intensity of the ex ante controls shall be determined by the authorising officer responsible taking into account the results of prior controls as well as risk-based and cost-effectiveness and performance considerations. In case of doubt, the authorising officer responsible for validating the relevant operations shall request complementary information or perform an on-the-spot control in order to obtain reasonable assurance as part of the ex ante control.
Amendment 498 #
Proposal for a regulation Article 73 – paragraph 6 – subparagraph 3 Where the authorising officer by delegation implements financial audits of beneficiaries as ex-post controls, the related audit rules shall be clear, consistent and transparent,
Amendment 499 #
Proposal for a regulation Article 73 – paragraph 6 – subparagraph 3 Where the authorising officer by delegation implements financial audits of beneficiaries as ex-post controls, the related audit rules shall be clear, consistent and transparent,
Amendment 500 #
Proposal for a regulation Article 73 – paragraph 6 – subparagraph 3 Where the authorising officer by delegation implements financial audits of beneficiaries as ex-post controls, the related audit rules shall be clear, consistent and transparent,
Amendment 501 #
Proposal for a regulation Article 73 – paragraph 7 – subparagraph 2 – point a (a) that the authorising officers by sub- delegation and their staff receive regularly updated and appropriate information and training concerning the control standards and the methods and techniques available for that purpose
Amendment 502 #
Proposal for a regulation Article 73 – paragraph 7 – subparagraph 2 – point a (a) that the authorising officers by sub- delegation and their staff receive regularly updated and appropriate information and training concerning the control standards and the methods and techniques available for that purpose on the basis of common guidelines;
Amendment 503 #
Proposal for a regulation Article 73 – paragraph 7 – subparagraph 2 – point a (a) that the authorising officers by sub- delegation and their staff receive regularly updated and appropriate information and training concerning the control standards and the methods and techniques available for that purpose on the basis of common guidelines;
Amendment 504 #
Proposal for a regulation Article 73 – paragraph 10 a (new) 10a. The annual activity reports and data relating to contracts shall be published annually in an accessible form on the website of the organisation concerned.
Amendment 505 #
Proposal for a regulation Article 86 – paragraph 5 5. The accounting officer shall carry out, or have carried out by a staff member
Amendment 506 #
Proposal for a regulation Article 90 – paragraph 5 a (new) 5a. Should the body or organisation consider, when assessing the case, that it is a matter for OLAF, then it shall refer the case to OLAF and notify the appointing authority for the institution, office or body concerned. The panel shall relinquish competence for the case as from the time of that referral.
Amendment 507 #
Proposal for a regulation Article 90 – paragraph 6 a (new) Amendment 508 #
Proposal for a regulation Article 99 – paragraph 5 5. Each institution shall send to the European Parliament and Council each year a report on the waivers referred to in this paragraph
Amendment 509 #
Proposal for a regulation Article 108 – paragraph 2 – subparagraph 1 – point b a (new) (ba) performance assessment parameters;
Amendment 510 #
Proposal for a regulation Article 108 – paragraph 2 – subparagraph 2 – point c (c) for contributions to trust funds referred to in Article 227: the appropriations reserved for the trust fund for the year together with the amounts planned over its duration, as well as the share of funding from sources other than the Union budget, whose ratio shall remain fixed over the entire duration of the trust fund as specified in Article 227(1);
Amendment 511 #
Proposal for a regulation Article 108 – paragraph 2 – subparagraph 2 – point e (e) for financial instruments: the amount allocated to the financial instrument and the expected private capital provision;
Amendment 512 #
Proposal for a regulation Article 110 – paragraph 6 6. Provisional budgetary commitments shall be implemented by the conclusion of one or more legal commitments giving rise to an entitlement to subsequent payments. However, in cases relating to expenditure on staff management, Members or former Members of a Union institution or relating to communication expenditures engaged in by the institutions for the coverage of Union events or in cases referred to in point 14.5 of the Annex to this Regulation, they may be implemented directly by payments.
Amendment 513 #
Proposal for a regulation Article 114 – paragraph 1 – point a (a)
Amendment 514 #
Proposal for a regulation Article 114 – paragraph 1 – point a (a)
Amendment 515 #
Proposal for a regulation Article 114 – paragraph 1 – point b Amendment 516 #
Proposal for a regulation Article 114 – paragraph 1 – point b (b)
Amendment 517 #
Proposal for a regulation Article 114 – paragraph 4 – subparagraph 1 – introductory part Except in the case of Member States,
Amendment 518 #
Proposal for a regulation Article 115 – paragraph 1 1. Each institution shall establish an internal auditing function which shall be performed in compliance with the relevant international standards. The internal
Amendment 520 #
Proposal for a regulation Article 121 – paragraph 1 – subparagraph 1 – introductory part Amendment 521 #
Proposal for a regulation Article 121 – paragraph 1 – subparagraph 1 – point e – point i (i) either the fulfilment of conditions based on achievements related to the objectives of the programmes as set out in sector specific legislation or
Amendment 522 #
Proposal for a regulation Article 121 – paragraph 1 – subparagraph 1 – point e – point ii (ii) the achievement of
Amendment 523 #
Proposal for a regulation Article 121 – paragraph 1 – subparagraph 1 – point e – point ii (ii) the achievement of
Amendment 524 #
Proposal for a regulation Article 121 – paragraph 1 – subparagraph 2 Amendment 525 #
Proposal for a regulation Article 121 – paragraph 2 2. When determining the appropriate form of a
Amendment 526 #
Proposal for a regulation Article 122 – paragraph 1 Amendment 527 #
Proposal for a regulation Article 122 – paragraph 1 The Commission may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices. In case of indirect implementation by Member State Organisations, the Commission shall rely in full on assessments made by the relevant Member State Organisation(s).
Amendment 528 #
Proposal for a regulation Article 122 – paragraph 1 The Commission shall refrain from relying on assessments made by other entities. In duly justified cases it may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices.
Amendment 529 #
Proposal for a regulation Article 123 – paragraph 1 Amendment 530 #
Proposal for a regulation Article 123 – paragraph 1 Where an audit based on internationally accepted standards providing reasonable assurance has been conducted by an independent auditor on the financial statements and reports setting out the use of the Union contribution, that audit shall form the basis of the overall assurance, as further specified, where appropriate, in sector specific rules. Information already available at the management authority shall be used to the extent possible to avoid asking beneficiaries for the same information more than once.
Amendment 531 #
Proposal for a regulation Article 123 – paragraph 1 Where an audit based on internationally accepted standards providing reasonable assurance has been conducted by an independent auditor on the financial statements and reports setting out the use of the
Amendment 532 #
Proposal for a regulation Article 124 – paragraph 1 1. Any person or entity receiving Union funds shall fully cooperate in the protection of the Union’s financial interests and grant as a condition for receiving the funds the necessary rights and access required for the authorizing officer responsible, the European Public Prosecutor's Office (EPPO), the European Anti-Fraud Office (OLAF) and the European Court of Auditors (ECA), and where appropriate the relevant national authorities, to comprehensively exert their respective competences. In the case of OLAF, this shall include the right to carry out investigations, including on-the-spot checks and inspections.
Amendment 533 #
Proposal for a regulation Article 124 – paragraph 2 2. Any person or entity receiving Union funds under direct, shared and indirect implementation shall agree in writing to
Amendment 534 #
Proposal for a regulation Article 125 Amendment 535 #
Proposal for a regulation Article 125 Amendment 536 #
Proposal for a regulation Article 125 Amendment 537 #
Proposal for a regulation Article 125 Amendment 538 #
Proposal for a regulation Article 125 – paragraph 1 Amendment 539 #
Proposal for a regulation Article 125 – paragraph 1 Resources allocated to Member States under shared implementation may, at their request and after having informed the Commission and the European Parliament, be transferred to instruments established under th
Amendment 540 #
Proposal for a regulation Article 126 – paragraph 4 – point c (c) the duration of the partnership may not exceed f
Amendment 541 #
Proposal for a regulation Article 126 – paragraph 6 6. In the case of financial framework partnership agreement implemented through specific grants the verification of the operational and financial capacity referred to in Article 191 shall be performed before signature of the financial framework partnership agreement.
Amendment 542 #
Proposal for a regulation Article 126 – paragraph 8 Amendment 543 #
Proposal for a regulation Article 127 – paragraph 4 – subparagraph 2 In case of financing referred to in point (e) of Article 121(1) the authorising officer responsible may reduce the contribution proportionally if the
Amendment 544 #
Proposal for a regulation Article 127 – paragraph 4 – subparagraph 2 In case of financing referred to in point (e) of Article 121(1) the authorising officer responsible may reduce the contribution proportionally if the
Amendment 545 #
Proposal for a regulation Article 132 – paragraph 2 – subparagraph 4 – point d a (new) (da) the entity is registered for tax purposes in non-cooperative tax jurisdictions.
Amendment 546 #
Proposal for a regulation Article 132 – paragraph 4 – point a (a) a natural or legal person who is a member of the administrative, management or supervisory body of the et person or entity referred to in Article 131(1), or who has powers of representation, decision or control with regard to these persons or entities, including persons and entities within the ownership and control structure and beneficial owners, is in one or more of the situations referred to in points (c) to (f) of paragraph 1;
Amendment 547 #
Proposal for a regulation Article 133 – paragraph 2 – point b (b) information on natural or legal persons that are members of the administrative, management or supervisory body of the participant or that have powers of representation, decision or control with regard to that participant, including persons and entities within the ownership and control structure and beneficial owners, and appropriate evidence that one or several of those persons are not in one of the exclusion situations referred to in points (c) to (f) of Article 132(1).
Amendment 548 #
Proposal for a regulation Article 142 – paragraph 2 2. Under shared implementation, all official exchanges of information between the Member States and the Commission shall be carried out by means indicated in the sector-specific rules. Those rules shall provide for interoperability of data gathered or received, and transmitted in the
Amendment 549 #
Proposal for a regulation Article 147 – paragraph 1 – subparagraph 1 – introductory part Except for low value contracts and low value grants, and small grants, the authorising officer responsible may, if proportionate and subject to a risk-analysis, require a guarantee to be submitted:
Amendment 550 #
Proposal for a regulation Article 147 – paragraph 1 – subparagraph 1 – introductory part Except for low value contracts and low value grants, and small grants, the authorising officer responsible may, if proportionate and subject to a risk-analysis, require a guarantee to be submitted:
Amendment 551 #
Proposal for a regulation Article 149 – paragraph 1 – subparagraph 1 The selection of the entities and persons
Amendment 552 #
Proposal for a regulation Article 149 – paragraph 1 – subparagraph 3 a (new) In making the selection, due account shall be taken of the alignment of interests in pursuing Union policy objectives and, in particular, that the European Investment Bank and the European Investment Fund have the specific expertise to implement Union funds, financial instruments and budgetary guarantees.
Amendment 553 #
Proposal for a regulation Article 149 – paragraph 2 2. Entities and persons
Amendment 554 #
Proposal for a regulation Article 149 – paragraph 2 a (new) 2a. The entities and persons entrusted pursuant to point (c) of Article 61(1) shall prevent, detect, correct and notify the Commission of irregularities and fraud when executing tasks relating to the implementation of the budget.
Amendment 555 #
Proposal for a regulation Article 149 – paragraph 4 – subparagraph 1 – point d (d) apply appropriate rules and procedures for providing financing to third parties including appropriate clear, transparent and effective review procedures, rules for recovering funds unduly paid and rules for excluding from access to funding;
Amendment 556 #
Proposal for a regulation Article 150 – paragraph 2 – point a (a) comply with relevant standards and applicable legislation on the prevention of money laundering, and the fight against terrorism, tax fraud
Amendment 557 #
Proposal for a regulation Article 150 – paragraph 2 – point b (b) not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes, or practices not complying with good governance
Amendment 558 #
Proposal for a regulation Article 151 – paragraph 2 – point b a (new) (ba) faith-based organisations;
Amendment 559 #
Proposal for a regulation Article 151 a (new) Amendment 560 #
Proposal for a regulation Article 151 a (new) Amendment 561 #
Proposal for a regulation Article 152 Amendment 562 #
Proposal for a regulation Article 153 Amendment 563 #
Proposal for a regulation Article 153 – paragraph 3 3. For financial instruments within blending facilities, point (h) of Article 202(1) shall be deemed to be complied with if an
Amendment 564 #
Proposal for a regulation Article 161 – paragraph 1 – point c a (new) (ca) The candidate has no past history of failure to honour the obligations related to the payment of social security contributions or the payment of taxes, and has not been found guilty of corruption, participation in a criminal organisation or aiding and abetting such an organisation, money laundering, terrorist financing, terrorist related offences, child labour or other forms of trafficking in human beings or irregularity.
Amendment 565 #
Proposal for a regulation Article 166 – paragraph 3 – subparagraph 1 – point a – point iii (iii) any increase in price, including the net cumulative value of successive modifications, does not exceed 25
Amendment 566 #
Proposal for a regulation Article 166 – paragraph 3 – subparagraph 1 – point b – point ii (ii) any increase in price does not exceed 25
Amendment 567 #
Proposal for a regulation Article 174 – paragraph 2 – subparagraph 1 – introductory part Grants are
Amendment 568 #
Proposal for a regulation Article 174 – paragraph 2 – subparagraph 1 – point b (b) the functioning of a body which
Amendment 569 #
Proposal for a regulation Article 174 – paragraph 2 – subparagraph 1 – point b (b) the functioning of a body which
Amendment 570 #
Proposal for a regulation Article 174 – paragraph 2 – subparagraph 1 – point b (b) the functioning of a body which
Amendment 571 #
Proposal for a regulation Article 175 – paragraph 2 Amendment 572 #
Proposal for a regulation Article 175 – paragraph 2 2. Where possible and appropriate, lump sums, unit costs or flat rates shall be determined in such a way as to allow their payment upon achievement of concrete outputs and outcomes.
Amendment 573 #
Proposal for a regulation Article 175 – paragraph 2 – subparagraph 1 (new) The precise criteria for the required output shall be negotiated between the Commission and the beneficiary and be specified in the grant agreement, on a case-by-case basis and as the circumstances require.
Amendment 574 #
Proposal for a regulation Article 175 – paragraph 4 – point d (d) where possible, the essential conditions triggering the payment, including, where applicable, the achievement of outputs and outcomes;
Amendment 575 #
Proposal for a regulation Article 175 – paragraph 4 – point d (d)
Amendment 576 #
Proposal for a regulation Article 175 – paragraph 4 – point e (e) description of the conditions for ensuring that the principle of sound financial management is respected and the co-financing and no-profit principle
Amendment 577 #
Proposal for a regulation Article 175 – paragraph 6 6. The authorising officer responsible may authorise or impose, in the form of flat-rates, funding of the beneficiary's indirect costs up to a m
Amendment 578 #
Proposal for a regulation Article 175 – paragraph 6 6. The authorising officer responsible
Amendment 579 #
Proposal for a regulation Article 175 – paragraph 6 6. The authorising officer responsible
Amendment 580 #
Proposal for a regulation Article 175 – paragraph 8 8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6; these costs may be declared up to 50% of the sum, which the beneficiary shall pay under co-financing of the project, with the exception of the actions taking place in an emergency, or post- emergency situation, to which the limitation shall not apply.
Amendment 581 #
Proposal for a regulation Article 175 – paragraph 8 8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6. Volunteers’' work is to be understood as unpaid non-compulsory activity: time individuals give without pay to activities performed through a not-for-profit organization.
Amendment 582 #
Proposal for a regulation Article 175 – paragraph 8 8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6. Volunteers' engagement is to be understood as unpaid non-compulsory activity performed through a non-profit organization.
Amendment 583 #
Proposal for a regulation Article 177 – paragraph 1 – subparagraph 1 The authorising officer responsible shall check, at the latest before the payment of the balance, the fulfilment of the conditions triggering the payment of lump sums, unit costs or flat-rates, including, where required, the achievement of outputs and outcomes. In addition, the fulfilment of those conditions may be subject to ex post controls.
Amendment 584 #
Proposal for a regulation Article 177 – paragraph 1 a (new) 1a. The frequency and scope of checks and controls shall depend upon the specific risk posed by a given beneficiary. That risk shall be assessed on the basis of occurrence in the past of irregularities attributable to that beneficiary which had a material impact on grants awarded to the beneficiary under similar conditions.
Amendment 585 #
Proposal for a regulation Article 178 – paragraph 1 The method for determining lump sums, unit costs or flat rates, the underlying data and the resulting amounts shall be assessed periodically, and at least every 2 years, and, where appropriate, adjusted in accordance with Article 175.
Amendment 586 #
Proposal for a regulation Article 180 – paragraph 2 – point b Amendment 587 #
Proposal for a regulation Article 180 – paragraph 2 – point b (b) where the estimated eligible costs include costs for volunteers' work referred to in paragraph 8 of Article 175, the grant shall not exceed the estimated eligible costs other than the costs for volunteers' work. The costs for volunteer work may be declared up to 50% of the sum, which the beneficiary shall pay under co- financing of the project, with the exception of the actions taking place in an emergency, or post-emergency situation, to which the limitation shall not apply.
Amendment 588 #
Proposal for a regulation Article 180 – paragraph 3 – point d (d) they are identifiable and verifiable
Amendment 590 #
Proposal for a regulation Article 183 – paragraph -1 (new) –1. Grants shall be subject to a work programme, to be published prior to its implementation.
Amendment 591 #
Proposal for a regulation Article 183 – paragraph -1 (new) –1. Grants shall be subject to a work programme, to be published prior to its implementation.
Amendment 592 #
Proposal for a regulation Article 183 – paragraph 3 – introductory part 3. Following the publication referred to in paragraphs 1 and 2
Amendment 593 #
Proposal for a regulation Article 183 – paragraph 3 – introductory part 3. Following the publication referred to in paragraphs 1
Amendment 594 #
Proposal for a regulation Article 183 a (new) Article 183 a No-profit principle 1. For the purpose of this Title, profit shall be defined as a surplus of the receipts over the eligible costs incurred by the beneficiary, when the request is made for payment of the balance. 2. The receipts referred to in paragraph 1 shall be limited to income generated by the action or work programme, as well as financial contributions specifically assigned by donors to the financing of the eligible costs. 3. In the case of an operating grant, amounts dedicated to the building up of reserves shall not be taken into account for the purpose of verifying compliance with the no-profit principle. 4. Financial contributions from third parties that may be used by the beneficiary to cover other costs than those eligible under the grant or that are not due to the third party where they are not used at the end of the action or work programme, shall not be considered as financial contributions specifically assigned by the donors to the financing of the eligible costs within the meaning of paragraphs 1, 2 and 3.
Amendment 595 #
Proposal for a regulation Article 184 – paragraph 1 – subparagraph 2 Co-financing may take the form of the beneficiary’s own resources, beneficiaries´ work force, income generated by the action or work
Amendment 596 #
Proposal for a regulation Article 184 – paragraph 1 – subparagraph 2 a (new) In-kind contributions from third parties for the purpose of co-financing shall include volunteers' work, use of equipment, supplies, meeting facilities and services.
Amendment 597 #
Proposal for a regulation Article 184 – paragraph 1 – subparagraph 2 a (new) In-kind contributions from third parties for the purpose of the co-financing shall include volunteers' work, use of equipment, supplies, meeting facilities and services.
Amendment 598 #
3. As an exception to paragraph 1 an external action
Amendment 599 #
Proposal for a regulation Article 184 – paragraph 3 3. As an exception to paragraph 1 an external action
Amendment 600 #
Proposal for a regulation Article 185 – paragraph 4 – introductory part 4. Paragraphs 1
Amendment 601 #
Proposal for a regulation Article 186 – paragraph 4 4. In the case of operating grants, the grant agreement shall be signed within
Amendment 602 #
Proposal for a regulation Article 186 – paragraph 4 4. In the case of operating grants, the grant agreement shall be signed within
Amendment 603 #
Proposal for a regulation Article 186 – paragraph 4 4. In the case of operating grants, the grant agreement shall be signed within
Amendment 604 #
Proposal for a regulation Article 186 a (new) Amendment 605 #
Proposal for a regulation Article 186 a (new) Article 186 a By way of derogation from this Article, if a European political foundation within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may be carried over to the following year provided that it is used before the end of the first quarter of that following year.
Amendment 606 #
Proposal for a regulation Article 187 – paragraph 2 – subparagraph 1 – point a (a) for informing all applicants of the outcome of the evaluation of their application, a maximum of
Amendment 607 #
Proposal for a regulation Article 187 – paragraph 2 – subparagraph 1 – point b (b) for signing grant agreements with applicants a maximum of
Amendment 608 #
Proposal for a regulation Article 188 – paragraph 2 The cases referred to in points (c) and (f) of the first subparagraph shall be duly substantiated in the award decision. The exceptions referred to in point (c) and (f) of the first subparagraph shall be interpreted and applied restrictively by the Union institutions and bodies or the Member States. The Union institutions and bodies or the Member States shall clearly define both the time frame and the scope of application for the exceptions referred to in point (c) and (f) of the first subparagraph.
Amendment 609 #
The first subparagraph shall not apply to public bodies, Member States Organisations, and the international organisations referred to in Article 151.
Amendment 610 #
Proposal for a regulation Article 189 – paragraph 1 – point d – paragraph 6 The first subparagraph shall not apply to public bodies, Member State Organisations, and the international organisations referred to in Article 151.
Amendment 611 #
Proposal for a regulation Article 191 – paragraph 5 – point b (b) natural persons most in need, such as unemployed persons and refugees, and in receipt of direct support;
Amendment 612 #
Proposal for a regulation Article 191 – paragraph 5 – point c a (new) (ca) Member State Organisations;
Amendment 613 #
Proposal for a regulation Article 191 – paragraph 5 – point c a (new) (ca) Member State Organisations
Amendment 614 #
Proposal for a regulation Article 191 – paragraph 6 6. The authorising officer responsible may, depending on a risk assessment, waive the obligation to verify the operational capacity of public bodies, Member State Organisations, or international organisations.
Amendment 615 #
Proposal for a regulation Article 191 – paragraph 6 6. The authorising officer responsible may, depending on a risk assessment, waive the obligation to verify the operational capacity of public bodies, Member State Organisations or international organisations.
Amendment 617 #
Proposal for a regulation Article 199 Amendment 619 #
Proposal for a regulation Article 201 – paragraph 1 1.
Amendment 620 #
Proposal for a regulation Article 201 – paragraph 3 3. Where financial instruments are implemented under shared implementation with Member States, sector specific rules apply
Amendment 621 #
Proposal for a regulation Article 201 – paragraph 3 3. Where financial instruments are implemented under shared implementation with Member States, sector specific rules apply
Amendment 622 #
Proposal for a regulation Article 201 – paragraph 4 a (new) 4a. The Court of Auditors shall have full access to any information related to the financial instruments, budgetary guarantees and financial assistance including by on-spot checks. Unless provided otherwise in the basic act, the Court of Auditors shall be considered as the external auditor responsible for the projects and programmes supported by a financial instrument, a budgetary guarantee or a financial assistance.
Amendment 623 #
Proposal for a regulation Article 202 – paragraph 1 – point d (d) achieve a leverage or a multiplier effect, by mobilising a global investment exceeding the size of the Union contribution or guarantee. The target range
Amendment 624 #
Proposal for a regulation Article 202 – paragraph 1 – point g (g) provide for any remuneration of the implementing entities or counterparts involved in the implementation to be performance based. Performance based fees shall comprise administrative fees to remunerate the entity or counterpart for the work carried out in the implementation of a financial instrument or budgetary guarantee calculated on the basis of funds actually transferred, and, where appropriate, policy related incentives to promote the achievement of the policy objectives or incentivise the financial performance of the financial instrument or budgetary guarantee. Exceptional expenses may be reimbursed;
Amendment 625 #
Proposal for a regulation Article 202 – paragraph 1 – point g a (new) (ga) - agreements and performance measures shall need to be well-designed and carefully implemented; the Commission shall not allow the calculation of administrative fees as a percentage of the cumulative Union contribution committed, including uncalled budgetary commitments.
Amendment 626 #
Proposal for a regulation Article 202 – paragraph 1 – point h (h) be based on
Amendment 627 #
(b) after the end of the period of implementation of a financial instrument or budgetary guarantee and taking into account the nature of that financial instrument or budgetary guarantee, any outstanding amount originating in the Union budget shall be returned to the budget;
Amendment 628 #
Proposal for a regulation Article 202 – paragraph 2 – subparagraph 1 – point b (b) after the end of the period of implementation of a financial instrument or budgetary guarantee and taking into account the nature of the financial instrument or budgetary guarantee, any outstanding amount originating in the Union budget shall be returned to the budget;
Amendment 629 #
Proposal for a regulation Article 203 – paragraph 2 2. Budgetary guarantees and financial assistance may generate a contingent liability for the Union which may only exceed
Amendment 630 #
Proposal for a regulation Article 203 – paragraph 3 3. The annual assessment provided for by point (j) of Article 39(5) of the sustainability of the contingent liabilities arising from budgetary guarantees or financial assistance borne by the budget of the Union shall be ca
Amendment 631 #
Proposal for a regulation Article 205 – paragraph 1 1. The provisions made to cover the financial liabilities arising from financial instruments, budgetary guarantees or financial assistance shall be held in a common provisioning fund directly implemented by the Commission. The Commission shall inform and consult the European Parliament on the operation of the common provisioning fund and the calculation of its provisioning rate;
Amendment 632 #
Proposal for a regulation Article 208 – paragraph 1 1.
Amendment 633 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 1 Where financial instruments are combined within a single agreement with complementary support from the Union budget, including grants, th
Amendment 634 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 1 Amendment 635 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Amendment 636 #
Proposal for a regulation Article 208 – paragraph 2 – subparagraph 2 Where a financial instrument is established for the purpose of implementing Article 39 of Regulation (EU) No 1303/2013with a contribution from a budgetary guarantee of the Union, th
Amendment 637 #
Proposal for a regulation Article 208 – paragraph 4 4. Where the Union participates in
Amendment 638 #
Proposal for a regulation Article 208 – paragraph 7 a (new) 7a. The Commission shall, on an annual basis, report to the European Parliament and the Council on the efficiency and effectiveness of the financial instruments as referred to points (a), (b) and (c) of Article 61(1). On its annual report, the Commission shall clearly demonstrate the added-value of the financial instruments, shall be able to identify the final beneficiaries of the funds and shall be able to list the projects financed by the financial instruments.
Amendment 639 #
Proposal for a regulation Article 210 Amendment 640 #
3. As regards contributions from funds under shared implementation to financial instruments established under this Section, the sector specific rules shall apply. Notwithstanding the foregoing, Managing Authorities may rely on an existing
Amendment 641 #
Proposal for a regulation Article 213 – paragraph 1 1. Financial assistance by the Union to Member States
Amendment 643 #
Proposal for a regulation Article 215 – paragraph 3 3. Contributions shall not be used to directly or indirectly grant any personal advantage, in cash or in kind, to any individual member or member of staff of a European political party. Contributions shall not be used to directly or indirectly finance activities of third parties, in particular national political parties or political foundations at European or national level, whether in the form of grants, donations, loans or any other similar agreements. For the purposes of this Article, associated entities of European political parties at European level, such as youth and women organisations of these parties, shall not be regarded as third parties. Contributions shall not be used for any of the purposes excluded by Article 22 of Regulation (EU, Euratom) No 1141/2014.
Amendment 644 #
Proposal for a regulation Article 215 – paragraph 6 a (new) 6a. European political parties are allowed to build up reserves with the amount of their own resources exceeding 15% of their annual reimbursable expenditure.
Amendment 645 #
Proposal for a regulation Article 215 – paragraph 7 Amendment 646 #
Proposal for a regulation Article 215 – paragraph 7 Amendment 647 #
Proposal for a regulation Article 215 – paragraph 7 7. If a European political foundation within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may, by derogation from the no-profit principle laid down in Article 186a be carried over to the following year provided that it is used before the end of the first quarter of that following year.
Amendment 648 #
Proposal for a regulation Article 215 – paragraph 7 a (new) 7a. If a European political party within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may, by derogation from the no-profit principle laid down in Article 186 a be carried over to the following year provided that it is used before the end of the first quarter of that following year.
Amendment 649 #
Proposal for a regulation Article 226 – paragraph 1 Amendment 652 #
Proposal for a regulation Article 227 – paragraph 1 1.
Amendment 653 #
Proposal for a regulation Article 227 – paragraph 1 1. For emergency, or post-emergency
Amendment 654 #
Proposal for a regulation Article 227 – paragraph 1 1. For emergency, post-emergency or thematic actions, the Commission may create,
Amendment 655 #
Proposal for a regulation Article 227 – paragraph 1 1. For emergency, post-emergency or thematic actions
Amendment 656 #
Proposal for a regulation Article 227 – paragraph 1 a (new) 1a. Trust funds may only be created if they allow pooling of resources not limited mostly to resources from the Union budget and the European Development Fund. If 80 % or more of the resources foreseen for the trust fund stem from these two sources, the Commission shall refrain from proposing the creation of that trust fund.
Amendment 657 #
Proposal for a regulation Article 227 – paragraph 3 – point a (a) it has been established by an impact assessment that there is added value to the Union intervention: trust funds shall only be created and implemented at Union level where their objectives, in particular by reason of their scale or potential effects, may be better achieved at Union level than at national level;
Amendment 658 #
Proposal for a regulation Article 227 – paragraph 3 – point a (a) there is added value based on previous impact assessment to the Union intervention: trust funds shall only be created and implemented at Union level where their objectives, in particular by reason of their scale or potential effects, may be better achieved at Union level than at national level;
Amendment 659 #
Proposal for a regulation Article 227 – paragraph 3 – point a (a) there is added value based on previous impact assessment to the Union intervention: trust funds shall only be created and implemented at Union level where their objectives, in particular by reason of their scale or potential effects, may be better achieved at Union level than at national level;
Amendment 660 #
Proposal for a regulation Article 227 – paragraph 3 – point a a (new) (aa) the financial contributions from third parties shall exceed the Union contributions by at least 66% for legitimising the existence of the Union trust funds;
Amendment 661 #
Proposal for a regulation Article 227 – paragraph 3 – point b a (new) (ba) the objectives of Union trust funds for external action shall be aligned with the objectives of the Union instrument or budgetary item from which they are funded.
Amendment 662 #
Proposal for a regulation Article 227 – paragraph 3 – point b a (new) (ba) Union trust funds objectives shall be aligned with the objectives of the Union instruments from which they are resourced.
Amendment 663 #
Proposal for a regulation Article 227 – paragraph 3 – point b a (new) (ba) Union trust funds shall be exclusively implemented outside the Union.
Amendment 664 #
Proposal for a regulation Article 227 – paragraph 3 – point b b (new) (bb) Union trust funds objectives shall be aligned with the objectives of the Union instruments from which they are resourced.
Amendment 665 #
Proposal for a regulation Article 227 – paragraph 4 4. A board chaired by the Commission shall be established for each Union trust fund to ensure the fair representation of the European Parliament; the donors, and of the non-contributing Member States as observers, and to decide upon the use of the funds. The rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the Commission and adhered to by the donors. Those rules shall include the requirement to have the positive vote of the Commission for the final decision on the use of the funds.
Amendment 666 #
Proposal for a regulation Article 227 – paragraph 5 – subparagraph 1 Union trust funds shall be created for a limited duration determined in their
Amendment 667 #
Proposal for a regulation Article 227 – paragraph 5 – subparagraph 1 Union trust funds shall be created for a limited duration determined in their constitutive act. This duration may be extended by
Amendment 668 #
Proposal for a regulation Article 228 – title Implementation of trust funds for external actions
Amendment 669 #
Proposal for a regulation Article 228 – paragraph 2 2. Actions financed under Union trust funds may be implemented directly by the Commission pursuant to point (a) of Article 61(1) and in indirect implementation with the entities pursuant to points (i), (ii), (iii), (v), and (vi) of Article 61(1)(c) and shall comply with the financial rules.
Amendment 670 #
Proposal for a regulation Article 228 – paragraph 2 2. Actions financed under Union trust funds may be implemented directly by the Commission pursuant to point (a) of Article 61(1) and in indirect implementation with the entities pursuant
Amendment 671 #
Proposal for a regulation Article 228 – paragraph 5 – subparagraph 2 Financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer. The Commission shall in addition report at least every 6 months on the implementation of each trust fund according to qualitative criteria such as the nature of projects and programmes supported, the selection procedure, geographical and thematic priorities, the supervision of intermediaries and on how the trust fund contributes to the fulfilment of the objectives foreseen in the basic act of the Union instruments contributing to its financing.
Amendment 672 #
Proposal for a regulation Article 228 – paragraph 5 – subparagraph 2 Financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer.
Amendment 673 #
Proposal for a regulation Article 228 – paragraph 5 – subparagraph 3 Amendment 674 #
Proposal for a regulation Article 228 – paragraph 5 – subparagraph 3 a (new) The trust funds shall be part of the discharge procedure in accordance with Article 319 TFEU.
Amendment 675 #
Proposal for a regulation Article 234 – paragraph 1 – point c (c) the consolidated annual accounts which present, in accordance with the accounting rules referred to in Article 79 and in particular with the the materiality principle, the consolidation of the financial information contained in the financial statements and the budget accounts of the bodies referred to in Articles 69 and 70 and instruments referred to in Title X and of other bodies meeting the accounting consolidation criteria.
Amendment 676 #
Proposal for a regulation Article 242 – paragraph 1 The Commission shall report annually to the European Parliament and to the Council on financial instruments, budgetary guarantees, financial assistance, contingent liabilities and the common provisioning fund as of 30 June of the year of publication in accordance with paragraphs 4 and 5 of Article 39 and with point (d) of Article 50(1). That information shall be made available to the Court of Auditors at the same time.
Amendment 677 #
Proposal for a regulation Article 249 – paragraph 1 – subparagraph 1 The Commission, the other institutions, the bodies administering revenue or expenditure on the Union’s behalf and recipients shall afford the Court of Auditors all the facilities and give it all the information which the Court of Auditors considers necessary for the performance of its task. They shall place at the disposal of the Court of Auditors, at its request, all documents concerning the award and performance of contracts financed by the budget and all accounts of cash or materials, all accounting records or supporting documents, and also administrative documents relating thereto, all documents relating to revenue and expenditure, all inventories, all organisation charts of departments, which the Court of Auditors considers necessary for auditing the budgetary and financial outturn report on the basis of records or on- the-spot auditing and, for the same purposes, all documents and data created or stored electronically. The right of access of the Court of Auditors must also include access to the IT system used for the management of revenue and expenditure relating to the audit process.
Amendment 678 #
Proposal for a regulation Article 250 – paragraph 1 1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by
Amendment 679 #
Proposal for a regulation Article 250 – paragraph 1 1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by
Amendment 680 #
Proposal for a regulation Article 250 – paragraph 3 – subparagraph 2 The Court of Auditors
Amendment 681 #
Proposal for a regulation Article 251 – paragraph 1 – subparagraph 1 The Court of Auditors shall transmit to the institution or the body concerned any observations which are, in its opinion, such that they should appear in a special report
Amendment 682 #
Proposal for a regulation Article 251 – paragraph 1 – subparagraph 6 The Court of Auditors
Amendment 683 #
Proposal for a regulation Article 254 – paragraph 1 1. In accordance with Article 319 TFEU and Article 106a of the Euratom Treaty, the Commission, the other institutions and the bodies referred to in Articles 69 and 70 and the instruments referred in to Title X of this Regulation shall take all appropriate steps to act on the observations accompanying the European Parliament's discharge decision and on the comments accompanying the recommendation for discharge adopted by the Council.
Amendment 684 #
Proposal for a regulation Article 256 – paragraph 2 – subparagraph 1 The administrative appropriations covered by this Title shall be those set out in Article 45(3) and those of the other institutions.
Amendment 685 #
Proposal for a regulation Article 258 – paragraph 3 – subparagraph 4 If the European Parliament and/or the Council raise
Amendment 686 #
Proposal for a regulation Article 258 – paragraph 4 a (new) 4a. The period referred in to the second subparagraph of paragraph 3 shall be extended to six weeks if the information is submitted to the European Parliament and the Council in December or August. The period referred in to the second subparagraph of paragraph 3 shall be extended to eight weeks if the information is submitted to the European Parliament and the Council in July. The institutions shall refrain to present building projects according to paragraph 4 in July, August and December. In such case, the period referred in to the first and second subparagraphs of this paragraph shall apply mutadis muntadis.
Amendment 687 #
Proposal for a regulation Article 258 – paragraph 5 – subparagraph 1 – point a a (new) (aa) any exchange of land or buildings;
Amendment 688 #
Proposal for a regulation Article 258 – paragraph 5 – subparagraph 1 – point b a (new) (ba) the acquisition, structural renovation, construction of buildings or any project combining these elements to be implemented in the same timeframe, exceeding EUR 1 000 000 in the case that the price represents more than 110 % of the local price or rent index of comparable properties;
Amendment 689 #
Proposal for a regulation Article 258 – paragraph 5 – subparagraph 1 – point b b (new) (bb) the sale of land or buildings in the case that the price represents less than 90 % of the local price index of comparable properties;
Amendment 690 #
Proposal for a regulation Article 259 – paragraph 2 2. The early information and prior approval procedure set out in paragraphs 1 to 5 of Article 258 shall
Amendment 691 #
Proposal for a regulation Article 261 – paragraph 6 6. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of t
Amendment 692 #
Proposal for a regulation Article 264 – paragraph 1 a (new) Regulation (EU) 1301/2013 Article 3, in paragraph 1, point (a) "(a) productive investment which contributes to creating and safeguarding sustainable jobs, through direct aid for investment in
Amendment 693 #
"
Amendment 694 #
Proposal for a regulation Article 264 – paragraph 1 c (new) Regulation (EU) 1301/2013 Article 12, paragraph 5 "
Amendment 695 #
Proposal for a regulation Article 265 – paragraph 1 – point 4 Regulation (EU) N° 1303/2013 article 9 The priorities established for each of the ESI Funds in the Fund specific rules shall in particular cover the appropriate use of each Fund
Amendment 696 #
Proposal for a regulation Article 265 – paragraph 1 – point 5 Regulation (EU) No 1303/2013 Article 16, new paragraph 4a Where applicable, the Member State shall submit
Amendment 697 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Regulation (EU) No 1303/2013 Article 30a Amendment 698 #
Proposal for a regulation Article 265 – paragraph 1 – point 6 Amendment 699 #
Proposal for a regulation Article 265 – paragraph 1 – point 8 Regulation (EU) No 1303/2013 Amendment 700 #
Proposal for a regulation Article 265 – paragraph 1 – point 10 a (new) Regulation (EU) No 1303/2013 Article 37, paragraph 8 "8. Final recipients supported by an ESI Fund financial instrument may also receive assistance from another ESI Funds priority or programme or from another instrument supported by the budget of the Union in accordance with applicable Union State aid rules. In that case, separate records shall be maintained for each source of assistance
Amendment 701 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point a Regulation (EU) No 1303/2013 Article 38 – paragraph 1 – point 1 Amendment 702 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – indent 1 (iii) a publicly-owned bank or
Amendment 703 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – indent 1 Regulation (EU) No 1303/2013 Article 38, paragraph 4, point b - operates under a public policy mandate given by the relevant authority of a Member State at national or regional level, to carry out economic development activities contributing to the objectives of the ESI Funds under the control of a public authority;
Amendment 704 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – indent 1 Regulation (EU) No 1303/2013 Article 38, paragraph 4, point b Amendment 705 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – indent 1 - carries out its activities including development
Amendment 706 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – indent 1 Regulation 1303/2013 Article 38 para 4 - operates
Amendment 707 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point i – indent 1 Regulation (EU) No 1303/2013 Article 38, paragraph 4, point b Amendment 708 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point ii When implementing the financial instrument, the bodies referred to in points (a) to (d) of the first subparagraph shall
Amendment 709 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point b – point ii (new) Regulation (EU) No 1303/2013 Article 38, paragraph 4, second subparagraph Institutions and bodies referred in points b) iii) and c) can have the status of intermediate body as regulated in Article 123.6.
Amendment 710 #
Proposal for a regulation Article 265 – paragraph 1 – point 11 – point d (new) Regulation 1303/2013 8a. Notwithstanding Articles 70 and 93(1), contributions pursuant to paragraph 1 of this Article may be used for the purpose of giving rise to new debt and equity finance in the entire territory of the Member State without regard to the categories of region, unless otherwise provided for in the funding agreement.
Amendment 711 #
Proposal for a regulation Article 265 – paragraph 1 – point 12 – point b – point i Regulation (EU) No 1303/2013 Article 39, paragraph 4, point (a) by way of derogation from Article 37(2), it shall be based on an ex-ante assessment at Union level carried out by the EIB and the Commission or, where more recent data is available, on national or regional ex-ante assessment carried out by the EIB or the participating Member State.
Amendment 712 #
Proposal for a regulation Article 265 – paragraph 1 – point 12 – point c a (new) Regulation (EU) No 1303/2013 (ca) The following paragraph 7a is inserted: 7a. By way of derogation from Article 130.1, the Commission shall reimburse as interim payment 100% of the amounts included in payment applications made according to paragraph 7
Amendment 713 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Articolo 39a Amendment 714 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a 1. Member States may use ESI Funds to provide a contribution to financial
Amendment 715 #
Proposal for a regulation Article 265 – paragraph 1 – point 13 Regulation (EU) No 1303/2013 Article 39a 2.
Amendment 716 #
Proposal for a regulation Article 265 – paragraph 1 – point 17 Regulation (EU) No 1303/2013 Article 43a Amendment 717 #
Proposal for a regulation Article 265 – paragraph 1 – point 20 Regulation (EU) No 1303/2013 Article 56, paragraph 5 Amendment 718 #
Proposal for a regulation Article 265 – paragraph 1 – point 21 Regulation (EU) No 1303/2013 Article 57, paragraph 3 Amendment 719 #
Proposal for a regulation Article 265 – paragraph 1 – point 24 – point a application of a flat rate net revenue percentage established by a Member State for a sector or sub-sector not covered under point (a).
Amendment 720 #
Proposal for a regulation Article 265 – paragraph 1 – point 24 a (new) Regulation (EU) No 1303/2013 Article 61, paragraph 1 "This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article
Amendment 721 #
Proposal for a regulation Article 265 – paragraph 1 – point 26 – point b Regulation (EU) No 1303/2013 Article 67 Amendment 722 #
Proposal for a regulation Article 265 – paragraph 1 – point 28 – introductory part 28. the following Articles 68a, 68b and 68
Amendment 723 #
Proposal for a regulation Article 265 – paragraph 1 – point 28 (new) Regulation (EU) No 1303/2013 Article 68a 1a. In the case of aid schemes under Article 107 TFEU, the public contribution paid to the beneficiary calculated as a result of the application of the present Article to an operation, is considered as compatible assistance, provided that the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, is applicable to that operation.
Amendment 724 #
Proposal for a regulation Article 265 – paragraph 1 – point 28 Regulation (EU) No 1303/2013 Article 68a Amendment 725 #
Proposal for a regulation Article 265 – paragraph 1 – point 28 (new) Regulation (EU) No 1303/2013 Article 68c 2a. Article 68c Compatibility of ESI Funds and aid schemes under Article 107 TFEU In the case of aid schemes under Article 107 TFEU, the public contribution paid to the beneficiary calculated as a result of the application of the Articles 67, 68, 68a and 68b to an operation, is considered as compatible assistance, provided that the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, is applicable to that operation.
Amendment 726 #
Proposal for a regulation Article 265 – paragraph 1 – point 29 – point d Regulation (EU) No 1303/2013 Article 70 For operations concerning technical assistance or communication and promotional activities, including the activities devoted to boost the internationalization of SMEs, and for operations under the thematic objective of strengthening research, technological development and innovation, including financial contributions to international research centres, expenditure may be incurred outside the Union provided that the conditions set out in point (a) of paragraph 2 and the obligations in relation to management, control and audit concerning the operation are fulfilled.
Amendment 727 #
34a. in Article 84 the following paragraph 2 is added:
Amendment 728 #
Proposal for a regulation Article 265 – paragraph 1 – point 35 Regulation (EU) No 1303/2013 Article 84 Amendment 729 #
Proposal for a regulation Article 265 – paragraph 1 – point 35 – indent 1 (new) Regulation (EU) No 1303/2013 Article 84 – 2. For accounts submitted before the end of the accounting period, the Commission shall apply procedures for the examination and acceptance of the accounts and inform the Member State as to whether it accepts them no later than four months after the date of submission by the Member State.
Amendment 730 #
Proposal for a regulation Article 265 – paragraph 1 – point 37 – point b Regulation (EU) No 1303/2013 Article 102 Where the independent quality review has not been notified to the Commission within
Amendment 731 #
Proposal for a regulation Article 265 – paragraph 1 – point 40 – point e Regulation (EU) No 1303/2013 (a)
Amendment 732 #
Proposal for a regulation Article 265 – paragraph 1 – point 45 – point a Regulation (EU) No 1303/2013 Article 114 1. An evaluation plan shall be drawn up by the managing authority or Member State for one or more operational programmes. The evaluation plan shall be submitted to the monitoring committee no later than one year after the adoption of the operational programme.
Amendment 733 #
Proposal for a regulation Article 265 – paragraph 1 – point 45 – point b Regulation (EU) No 1303/2013 Article 114 Amendment 734 #
Proposal for a regulation Article 265 – paragraph 1 – point 51 Regulation (EU) No 1303/2013 Article 126, point (3) 51. Article 126 is amended as follows: a) In point (b) of the first subparagraph
Amendment 735 #
Proposal for a regulation Article 265 – paragraph 1 – point 52 a (new) Regulation (EU) No 1303/2013 Article 130 52a. Article 130, paragraph 1, is replaced by the following:
Amendment 736 #
Proposal for a regulation Article 265 – paragraph 1 – point 52 b (new) Regulation (EU) No 1303/2013 Article 130, paragraph 1 "The Commission shall reimburse as interim payments
Amendment 737 #
Proposal for a regulation Article 265 – paragraph 1 – point 52 c (new) Regulation (EU) No 1303/2013 Article 131, paragraph 4, (b) 52 c. In Article 131, paragraph 4, the condition b) is supressed
Amendment 738 #
Proposal for a regulation Article 265 – paragraph 1 – point 52 d (new) REGULATION (EU) No 1303/2013 Article 131, paragraph 4, condition b) "
Amendment 739 #
Proposal for a regulation Article 265 – paragraph 1 – point 53 REGULATION (EU) No 1303/2013 Article 134 Amendment 740 #
Proposal for a regulation Article 265 – paragraph 1 – point 53 a (new) Regulation (EU) No 1303/2013 Article 134 53a. Article 134 is amended as follows:
Amendment 741 #
Proposal for a regulation Article 265 – paragraph 1 – point 53 b (new) Regulation (EU) No 1303/2013 Article 134, paragraph 2 "
Amendment 742 #
Proposal for a regulation Article 265 – paragraph 1 – point 53 c (new) Regulation (EU) No 1303/2013 Article 134, paragraph 3 "3. When calculating the amount of initial pre-financing referred to in paragraph 1, the amount of support for the entire programming period shall exclude the amounts from the performance reserve which were initially allocated to the operational programme.
Amendment 743 #
Proposal for a regulation Article 265 – paragraph 1 – point 57 Where documents are kept on commonly accepted data carriers in accordance with the procedure laid down in paragraph 5, no originals shall be required, except at least for the cases where fraud suspicions exist.
Amendment 744 #
Proposal for a regulation Article 265 – paragraph 1 – point 60 Regulation (EU) No 1303/2013 Article 152 Amendment 745 #
Proposal for a regulation Article 265 – paragraph 1 – point 61 Regulation (EU) No 1303/2013 Annex IV Amendment 746 #
Proposal for a regulation Article 265 – paragraph 1 a (new) Regulation (EU) No 1303/2013 Article 2, Point (9) "(9) 'operation' means a project, contract, action or group of projects selected by the managing authorities of the programmes concerned, or under their responsibility, that contributes to the objectives of a priority or priorities; in the context of financial instruments, an operation is constituted by the financial contributions from a programme to financial instruments
Amendment 747 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) N° 1304/2013 Annex 1, paragraph 1 Amendment 748 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) N° 1304/2013 Annex 1, paragraph 1 Amendment 749 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) N° 1304/2013 Annex 1, paragraph 1 Amendment 750 #
Proposal for a regulation Article 266 – paragraph 1 – point 3 Regulation (EU) N° 1304/2013 The data on participants under the
Amendment 751 #
Proposal for a regulation Article 272 – paragraph 1 Regulation (EU) No 1316/2013 Chapter Va Amendment 752 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 (new) Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 3a. If the 10% of the overall financial envelopes of the CEF referred to in Article 5(1) is not fully used for CEF Blending Facilities, the remaining amount shall be made available for and redistributed to the overall financial envelopes of the CEF as referred to in Article 5(1).
Amendment 753 #
Proposal for a regulation Article 272 – paragraph 1 – point 1 Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013 6. Blending operations supported by means of a CEF Blending Facility shall be selected on the basis of maturity, taking into account a minimum set of criteria, which are to be set by the Commission, and shall seek sectoral diversification in accordance with Articles 3 and 4 as well as geographical balance across the Member States. They shall:
Amendment 754 #
Proposal for a regulation Article 278 – paragraph 2 Such review shall cover, inter alia, the implementation of the provisions of Title
Amendment 755 #
Proposal for a regulation Article 279 – paragraph 1 Regulation (E
Amendment 756 #
Proposal for a regulation Article 280 – paragraph 5 a (new) By derogation from the second paragraph of this Article, point -a of Article 121(1) shall apply from the date of entry into force of the post-2020 multiannual financial framework, except where otherwise provided in the basic act.
source: 603.011
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History
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