Activities of Sergio GUTIÉRREZ PRIETO related to 2011/0276(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council 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 covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006
Amendments (60)
Amendment 102 #
Proposal for a regulation
Recital 16
Recital 16
(16) On the basis of the Common Strategic Framework adopted by the Commission, each Member State should prepare, in cooperation with its partners and in dialogue with the Commission, a Partnership Contract. The Partnership Contract should translate the elements set out in the Common Strategic Framework into the national context and, set out firm commitments to the achievement of Union objectives through the programming of the CSF Funds and lay down provisions to guarantee access to such funds for SMEs and micro-enterprises, in particular, and to ensure that they have access to such funds, and that CSF Funds are used in an efficient and effective manner.
Amendment 106 #
Proposal for a regulation
Recital 17
Recital 17
(17) Member States should concentrate support to ensure a significant contribution to the achievement of Union objectives in line with their specific national and regional development needs. Ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effective use of Union support are in place. The fulfilment of those ex ante conditionalities should be assessed by the Commission in the framework of its assessment of the Partnership Contract and programmes. In cases where there is a failure to fulfil an ex ante conditionality, the Commission should have the power to suspend payments to the programme, in spite of the Commission’s recommendations, a Member State does nothing to ensure such fulfilment, the Commission may have the power to suspend payments to the programme. When deciding to suspend payments, the Commission should take account of the economic and social effects on the Member State in question. The suspensions should be lifted and funds be made available again to the Member State concerned as soon as the Member State takes the necessary action.
Amendment 111 #
Proposal for a regulation
Recital 18
Recital 18
(18) A performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period. The Commission should undertake a performance review in cooperation with the Member States in 2017 and 2019. A performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained. Due to their diversity and multi-country character, and provide them with the necessary technical assistance if they are not achieving there should be no performance reserve for 'European Territorial Cooperation' programmetated aims. In cases where the shortfall in the achievement of milestones or targets is significant, the Commission should be able to suspend payments to the programme or, at the end of the programming period, apply financial corrections, in order to ensure that the Union budget is not used in a wasteful or inefficient way. reby proving that the measures necessary to achieve them are not being taken, the Commission should be able to suspend payments to the programme. When deciding to suspend payments, the Commission should take account of the economic and social effects on the Member State in question. The suspensions should be lifted and funds be made available again to the Member State concerned as soon as the Member State takes the necessary action.
Amendment 112 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 122 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 131 #
Proposal for a regulation
Recital 65
Recital 65
(65) Where an urban, rural or territorial development strategy requires an integrated approach because it involves investments under more than one priority axis of one or several operational programmes, action supported by the Funds should be carried out as an integrated territorial investment within an operational programme.
Amendment 134 #
Proposal for a regulation
Recital 85
Recital 85
(85) In order to safeguard the Union's financial interests and provide the means to ensure effective programme implementation, there should be measures allowing for the suspension by the Commission of payments at the level of priority axis or operational programme. When deciding to suspend payments, the Commission should take account of the economic and social effects on the region in question.
Amendment 135 #
Proposal for a regulation
Recital 88
Recital 88
(88) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of a code of conductset of guidelines on the objectives and criteria to support the implementation of partnership, the adoption of a Common Strategic Framework, additional rules on the allocation of the performance reserve, the definition of the area and population covered by the local development strategies, detailed rules on financial instruments (ex ante assessment, combination of support, eligibility, types of activities not supported), the rules on certain types of financial instruments set up at national, regional, transnational or cross- border level, rules concerning funding agreements, transfer and management of assets, the arrangements for management and control, the rules on payment requests, and establishment of a system of capitalisation of annual instalments, the definition of the flat rate for revenue generating operations, the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in Union policies, the responsibilities of Member States concerning the procedure for reporting irregularities and recovery of sums unduly paid, the modalities of exchange of information of operations, the arrangements for the adequate audit trail, the conditions of national audits, the accreditation criteria for managing authorities and certifying authorities, the identification of commonly accepted data carriers, and the criteria for establishing the level of financial correction to be applied. The Commission should also be empowered to amend Annex V in order to address future adaptation needs. It is of its particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment 136 #
Proposal for a regulation
Recital 90
Recital 90
(90) The Commission should be empowered to adopt, by means of implementing acts, as regards all CSF Funds, decisions approving the Partnership Contracts, decisions on the allocation of the performance reserve, decisions suspending payments linked to Member States’ economic policies, and, in the case of decommitment, decisions to amend decisions adopting programmes; and as regards the Funds, decisions identifying the regions and Member States fulfilling the Investment for growth and jobs criteria, decisions setting out the annual breakdown of commitment appropriations to the Member States, decisions setting out the amount to be transferred from each Member State's CF allocation to the Connecting Europe Facility, decisions setting out the amount to be transferred from each Member State's Structural Funds allocation for food for deprived people, decisions adopting and amending operational programmes, decisions on major projects, decisions on joint action plans, decisions suspending payments and decisions on financial corrections.
Amendment 166 #
Proposal for a regulation
Part 2 – article 5 – paragraph 3
Part 2 – article 5 – paragraph 3
3. The Commission, after consulting the relevant stakeholders and civil society representatives, shall be empowered to adopt delegated acts in accordance with Article 142 to provide for a European code of conductguidelines that lays down objectives and criteria to support the implementation of partnership and to facilitate the sharing of information, experience, results and good practices among Member States.
Amendment 172 #
Proposal for a regulation
Part 2 – article 7 – paragraph 1
Part 2 – article 7 – paragraph 1
The Member States and the Commission shall ensure that equality between men and women and the integration of gender perspective isthe principles of equal opportunities and non-discrimination are promoted in the preparation and implementation of programmes.
Amendment 204 #
Proposal for a regulation
Part 2 – article 13 – paragraph 4
Part 2 – article 13 – paragraph 4
4. Each Member State shall transmit its Partnership Contract to the Commission within 3six months of the adoption of the Common Strategic Framework.
Amendment 215 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c
Part 2 – article 14 – paragraph 1 – point c
(c) an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or social exclusion, with special regard to marginalised communities, where appropriate, including the indicative financial allocation for the relevant CSF Funds, with a view to helping implement the national strategies for combating poverty;
Amendment 219 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c a (new)
Part 2 – article 14 – paragraph 1 – point c a (new)
(ca) an integrated approach to address the specific needs of the geographical areas most affected by unemployment, with special regard to youth unemployment, specifying both the measures to combat it as part of each fund strategy, and the financial allocations committed to such measures;
Amendment 223 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point d – point iv
Part 2 – article 14 – paragraph 1 – point d – point iv
(iv) a list of partners and the actions taken to involve the partners and their role in the preparation of the Partnership Contract and the progress report as defined in Article 46 of this Regulation;
Amendment 233 #
Proposal for a regulation
Part 2 – article 17 – paragraph 5
Part 2 – article 17 – paragraph 5
5. The Commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the Partnership Contract and programmes. It may decidf it sees that these conditionalities are not being fulfilled in the agreed timeframe, wthen adopting a programme, Commission may initiate a recommendation process vis-à-vis the Member State. If the Member State does not then take the necessary action to implement these recommendations, the Commission may decide to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality. The failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the Commission. When deciding to suspend payments, the Commission should take account of the economic and social effects on the Member State in question. The suspensions should be lifted and funds be made available again to the Member State concerned as soon as the Member State takes the necessary action.
Amendment 238 #
Proposal for a regulation
Part 2 – article 18
Part 2 – article 18
Amendment 246 #
Proposal for a regulation
Part 2 – article 20 – paragraph 2
Part 2 – article 20 – paragraph 2
2. On the basis of the review undertaken in 2019, the Commission shall adopt a decision, by means of implementing acts, to determine for each CSF Fund and Member State the programmes and priorities which have attained their milestones. The Member State shall propose the attribution of the performance reserve for the programmes and priorities set out in that Commission decision. The Commission shall approve the amendment of the programmes concerned in accordance with Article 26. Where a Member State fails to submit the information in accordance with Article 46(2) and (3), the performance reserve for the programmes or the priorities concerned shall not be allocated.Commission shall approve the amendment of the programmes concerned in accordance with Article 26;
Amendment 247 #
Proposal for a regulation
Part 2 – article 20 – paragraph 3
Part 2 – article 20 – paragraph 3
3. Where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework, and where the state in question is not taking the necessary remedial action, the Commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in Fund-specific rules. When deciding to suspend payments, the Commission should take account of the economic and social effects on the Member State in question. The suspensions should be lifted and funds be made available again to the Member State concerned as soon as the Member State takes the necessary action.
Amendment 251 #
Proposal for a regulation
Part 2 – article 21
Part 2 – article 21
Amendment 261 #
Proposal for a regulation
Part 2 – article 22 – paragraph 1 – subparagraph 1 – point c a (new)
Part 2 – article 22 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) where the overall unemployment rate, or youth unemployment rate, is substantially higher than the European average;
Amendment 263 #
Proposal for a regulation
Part 2 – article 23 – paragraph 2
Part 2 – article 23 – paragraph 2
2. Programmes shall be drawn up by Member States or any authority designated by them, in cooperation with the partnerMember States shall begin a period of consultation with the relevant stakeholders and civil society representatives and shall publish the results of these consultations before drawing up such programmes.
Amendment 266 #
Proposal for a regulation
Part 2 – article 23 – paragraph 3
Part 2 – article 23 – paragraph 3
3. Programmes shall be submitted by the Member States at the same time aswithin a deadline of three months after submission of the Partnership Contract, with the exception of European territorial cooperation programmes, which shall be submitted within sixnine months of the approval of the Common Strategic Framework. All programmes shall be accompanied by the ex ante evaluation as set out in Article 48.
Amendment 270 #
Proposal for a regulation
Part 2 – article 24 – paragraph 3 – subparagraph 1 – introductory part
Part 2 – article 24 – paragraph 3 – subparagraph 1 – introductory part
Each priority shall set out indicators to assess progress of programme implementation towards achievement of qualitative and quantitative objectives as the basis for monitoring, evaluation and review of performance. These shall include:
Amendment 275 #
Proposal for a regulation
Part 2 – article 24 – paragraph 5 a (new)
Part 2 – article 24 – paragraph 5 a (new)
5a. All programmes directed at Member States whose overall unemployment and/or youth unemployment rate is substantially above the European average must state the indicative amount of support allocated to objectives linked to job creation.
Amendment 288 #
Proposal for a regulation
Part 2 – article 31 – paragraph 1 – point d a (new)
Part 2 – article 31 – paragraph 1 – point d a (new)
(da) consulting costs
Amendment 292 #
Proposal for a regulation
Part 2 – article 32 – paragraph 3
Part 2 – article 32 – paragraph 3
3. Contributions in kind are not eligible expenditure in respect of financial instruments, except for contributions of land or real estate in respect of investments with the objective of supporting urban and rural development or urban and rural regeneration, where the land or real estate forms part of the investment. Such contributions of land or real estate shall be eligible provided that the conditions in Article 59 are met.
Amendment 307 #
Proposal for a regulation
Part 2 – article 44 – paragraph 3
Part 2 – article 44 – paragraph 3
3. The annual implementation report submitted in 2017 shall set out and assess the information set out in paragraph 2 and progress towards achieving the objectives of the programme, including the contribution of the CSF Funds to changes in result indicators, when evidence is available from evaluations. It shall also assess the implementation of actions to take into account the principles set out in Articles 6, 7 and 8 and report on support used for climate change, poverty reduction and overall and youth unemployment reduction targets.
Amendment 311 #
Proposal for a regulation
Part 2 – article 46 – paragraph 2 – point b
Part 2 – article 46 – paragraph 2 – point b
(b) progress towards achievement of the Union strategy for smart, sustainable and inclusive growth, in particular in respect of the milestones set out for each programme in the performance framework and the support used for climate change, poverty reduction and overall and youth unemployment reduction objectives;
Amendment 318 #
Proposal for a regulation
Part 2 – article 47 – paragraph 1
Part 2 – article 47 – paragraph 1
1. Evaluations shall be carried out to improve the quality of the design and implementation of programmes, as well as to assess their effectiveness, efficiency and impact. Impact of programmes shall be evaluated in accordance with the mission of the respective CSF Funds in relation to the targets for the Union strategy for smart, sustainable and inclusive growth as well as in relation to Gross Domestic Product (GDP) and unemployment, where appropriate.
Amendment 320 #
Proposal for a regulation
Part 2 – article 47 – paragraph 2
Part 2 – article 47 – paragraph 2
2. Member States shall provide the resources necessary for carrying out qualitative and quantitative evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to common and where appropriate programme-specific indicators.
Amendment 332 #
Proposal for a regulation
Part 2 – article 50
Part 2 – article 50
The ex post evaluations shall be carried out by the Commission or by the Member States, in close cooperationin close cooperation with the Member States. Ex post evaluations shall examine the effectiveness and efficiency of the CSF Funds and their contribution to the Union strategy for smart, sustainable and inclusive growth in accordance with specific requirements established in the Fund-specific rules. Ex post evaluations shall be completed by 31 December 2023.
Amendment 334 #
Proposal for a regulation
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point a a (new)
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point a a (new)
(aa) assistance in relation to accessing funds, targeted in particular at SMEs and micro-enterprises.
Amendment 345 #
Proposal for a regulation
Part 2 – article 52 a (new)
Part 2 – article 52 a (new)
Article 52a Each Member State shall ensure that provision is made in each operational programme for the necessary technical assistance to enable social stakeholders and NGOs to take part in the preparation, implementation, control and evaluation of the funds.
Amendment 359 #
Proposal for a regulation
Part 2 – article 66 – paragraph 4
Part 2 – article 66 – paragraph 4
Amendment 375 #
Proposal for a regulation
Part 3 – article 84 – paragraph 6
Part 3 – article 84 – paragraph 6
Amendment 380 #
Proposal for a regulation
Part 3 – article 84 – paragraph 6 a (new)
Part 3 – article 84 – paragraph 6 a (new)
6a. The Commission shall allocate a minimum percentage of the appropriations earmarked for the Investment for growth and jobs goal in Member States whose general and/or youth unemployment rate is substantially higher than the European average to actions specifically designed to combat general and/or youth unemployment.
Amendment 383 #
Proposal for a regulation
Part 3 – article 84 – paragraph 7
Part 3 – article 84 – paragraph 7
7. 0,2% of the ERDF resources for the Investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the Commission in the area of sustainable urban and rural development.
Amendment 385 #
Proposal for a regulation
Part 3 – article 86 – paragraph 3 – subparagraph 3
Part 3 – article 86 – paragraph 3 – subparagraph 3
The Commission and the Member States shall take into account the general macroeconomic conditions and specific or exceptional circumstances, such as privatisations or which may represent an exceptional level ofvariation in public or equivalent structural expenditure by a Member State in the period 2007- 2013. They shall also take into account changes in the national allocations from the Structural Funds as compared to the years 2007-2013.
Amendment 386 #
Proposal for a regulation
Part 3 – article 86 – paragraph 6
Part 3 – article 86 – paragraph 6
6. If it is established by the Commission in the ex post verification that a Member State has not maintained the reference level of public or equivalent structural expenditure under the Investment for growth and jobs goal set out in the Partnership Contract as set out in Annex III, the Commission may carry out a financial correction. In deciding whether or not to carry out a financial correction, the Commission will take into accountmust have taken the view that the Member State has not taken the necessary steps to comply with the recommendations it has made to this effect and will consider whether the economic situation of the Member State has significantly changed since the mid- term verification and whether the change was taken into account at that time. The detailed rules relating to financial correction rates are set out in point 3 of Annex III.
Amendment 415 #
Proposal for a regulation
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point ii a (new)
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point ii a (new)
(iia) a description of proposed actions to reduce the general and youth unemployment rate, in particular in those Member States where the rates are substantially higher than the European average;
Amendment 424 #
Proposal for a regulation
Part 3 – article 88 – paragraph 2
Part 3 – article 88 – paragraph 2
2. The ERDF and the ESF may finance, in a complementary manner and subject to a limit of 51 % 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 they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 426 #
Proposal for a regulation
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point f
Part 3 – article 91 – paragraph 1 – subparagraph 1 – point f
(f) an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience, and of the social impact, taking into account the benefits in terms of cohesion and development;
Amendment 434 #
Proposal for a regulation
Part 3 – article 99 – paragraph 1
Part 3 – article 99 – paragraph 1
1. Where an urban or rural development strategy or other territorial strategy or pact as defined in Article 12(1) of Regulation…[ESF] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes, the action shall be carried out as an integrated territorial investment (an 'ITI').
Amendment 439 #
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point g a (new)
Part 3 – article 100 – paragraph 1 – point g a (new)
(ga) actions to improve economic, social and territorial cohesion, and in particular actions to reduce the unemployment rate, especially in those Member States where the unemployment rate is substantially higher than the European average;
Amendment 440 #
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point g b (new)
Part 3 – article 100 – paragraph 1 – point g b (new)
(gb) actions to combat poverty and promote social inclusion;
Amendment 442 #
Proposal for a regulation
Part 3 – article 100 – paragraph 2 – point c
Part 3 – article 100 – paragraph 2 – point c
Amendment 443 #
Proposal for a regulation
Part 3 – article 101 – paragraph 1
Part 3 – article 101 – paragraph 1
1. By 30 AprilJune 2016 and by 30 AprilJune of each subsequent year until and including 2022 the Member State shall submit to the Commission an annual report in accordance with Article 44(1). The report submitted in 2016 shall cover the financial years 2014 and 2015, as well as the period between the starting date for eligibility of expenditure and 31 December 2013.
Amendment 445 #
Proposal for a regulation
Part 3 – article 101 – paragraph 3 – point a
Part 3 – article 101 – paragraph 3 – point a
(a) progress in implementation of the integrated approach to territorial development, including sustainable urban and rural development, and community- led local development under the operational programme;
Amendment 450 #
Proposal for a regulation
Part 3 – article 102 – paragraph 1 – introductory part
Part 3 – article 102 – paragraph 1 – introductory part
1. By 31 January, 30 April, 31 July and 31 October and 31 July, the managing authority shall transmit electronically to the Commission for monitoring purposes, for each operational programme and by priority axis:
Amendment 452 #
Proposal for a regulation
Part 3 – article 102 – paragraph 1 – point b
Part 3 – article 102 – paragraph 1 – point b
(b) the total and public eligible cost of contracts or other legal commitments entered into by beneficiaries in implementation of operations selected for support;
Amendment 453 #
Proposal for a regulation
Part 3 – article 102 – paragraph 2
Part 3 – article 102 – paragraph 2
Amendment 454 #
Proposal for a regulation
Part 3 – article 102 – paragraph 3
Part 3 – article 102 – paragraph 3
Amendment 455 #
Proposal for a regulation
Part 3 – article 104 – paragraph 1
Part 3 – article 104 – paragraph 1
1. An evaluation plan shall be drawn up by the managing authority for each operational programme. The evaluation plan shall be submitted ato the first meeting of the monitoring committeeend of 2014. Where a single monitoring committee covers more than one operational programme, an evaluation plan may cover all the operational programmes concerned.
Amendment 470 #
Proposal for a regulation
Part 3 – article 111 – paragraph 1 – point 1 a (new)
Part 3 – article 111 – paragraph 1 – point 1 a (new)
(1a) the importance of the priority axis for reducing the rate of general and youth unemployment, in particular in those Member States where the rates are substantially higher than the European average;
Amendment 471 #
Proposal for a regulation
Part 3 – article 111 – paragraph 1 – point 1 b (new)
Part 3 – article 111 – paragraph 1 – point 1 b (new)
(1b) the importance of the priority axis for promoting social inclusion and reducing poverty;
Amendment 484 #
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point g
Part 3 – article 134 – paragraph 1 – point g
Amendment 485 #
Proposal for a regulation
Part 3 – article 134 – paragraph 3 a (new)
Part 3 – article 134 – paragraph 3 a (new)
3a. The Commission shall, by means of delegated acts and for the sake of legal certainty, outline the concepts and situations that may be considered serious within the meaning of Article 134(1) of this Regulation.
Amendment 486 #
Proposal for a regulation
Part 3 – article 136 – paragraph 6
Part 3 – article 136 – paragraph 6
6. The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 142, to establishing the cases that are to be regarded as serious deficiencies within the meaning of this article and the criteria for establishing the level of financial correction to be applied.
Amendment 536 #
Proposal for a regulation
Annex -I
Annex -I