79 Amendments of Andrey NOVAKOV related to 2018/0196(COD)
Amendment 2 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 25 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission shall notify the delegated act, referred to in paragraph 3 of this Article, on the European code of conduct on partnership, simultaneously to the European Parliament and to the Council by 31 July 2020. That delegated act shall not specify a date of application that is earlier than the date of its adoption.
Amendment 26 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. An infringement of any obligation imposed on Member States either by this Article or by the delegated act adopted pursuant to paragraph 3 of this Article, shall not constitute an irregularity leading to a financial correction pursuant to Article 98.
Amendment 27 #
4. At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report to the European Parliament and Council on the outcome.
Amendment 30 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. In the event of a disagreement between the Commission and a Member State on the applicability of an enabling condition to the specific objective or the priorities of a programme or its fulfilment, the Commission shall bear the burden of proving the applicability or the non-fulfilment by means of a reasoned opinion.
Amendment 31 #
Proposal for a regulation
Article 11 – paragraph 6 b (new)
Article 11 – paragraph 6 b (new)
6b. The Commission shall without delay lift the suspension of interim payments for a priority where a Member State has completed actions related to the fulfilment of the enabling conditions applicable to the programme concerned which had not been fulfilled at the time of the decision of the Commission on the suspension. It shall also without delay lift the suspension where, following amendment of the programme related to the priority concerned, the enabling condition concerned is no longer applicable.
Amendment 33 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 34 #
Proposal for a regulation
Article 15 – paragraph 7 – subparagraph 1 – introductory part
Article 15 – paragraph 7 – subparagraph 1 – introductory part
The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases:
Amendment 35 #
Proposal for a regulation
Article 15 – paragraph 7 – subparagraph 2
Article 15 – paragraph 7 – subparagraph 2
Amendment 36 #
Proposal for a regulation
Article 15 – paragraph 8 – subparagraph 1
Article 15 – paragraph 8 – subparagraph 1
A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within onthree months of the submission of the Commission proposal.
Amendment 37 #
Proposal for a regulation
Article 15 – paragraph 8 – subparagraph 3
Article 15 – paragraph 8 – subparagraph 3
Amendment 38 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.
Amendment 39 #
Proposal for a regulation
Article 15 – paragraph 10 – subparagraph 2
Article 15 – paragraph 10 – subparagraph 2
In case of persistent non-compliance, the suspension of commitments may exceedis subject to a ceiling of twice the maximum percentages set out in the first sub-paragraph.
Amendment 40 #
Proposal for a regulation
Article 15 – paragraph 11 – subparagraph 5
Article 15 – paragraph 11 – subparagraph 5
Amendment 41 #
Proposal for a regulation
Article 15 – paragraph 11 a (new)
Article 15 – paragraph 11 a (new)
Amendment 42 #
Proposal for a regulation
Article 15 – paragraph 12 – subparagraph 1
Article 15 – paragraph 12 – subparagraph 1
The Commission shall keep the European Parliament informed of the implementation of this Article. In particular, the Commission shall, when one of the conditions set out in paragraph 7 is fulfilled for a Member State, immediately inform the European Parliament and provide reasons for its proposal and details of the Funds and programmes which could be subject to a suspension of commitments, as well as the expected impact of that suspension on the Member State's economy, for the purposes of structured dialogue to ensure a meaningful debate and facilitate a transparent enforcement process. The Commission shall inform the European Parliament before it makes a proposal on suspension of commitments.
Amendment 43 #
Proposal for a regulation
Article 15 – paragraph 12 – subparagraph 2
Article 15 – paragraph 12 – subparagraph 2
Amendment 44 #
Proposal for a regulation
Article 15 – paragraph 12 – subparagraph 3
Article 15 – paragraph 12 – subparagraph 3
The Commission shall transmit the proposal for suspension of commitments or the proposal to lift such a suspension, to the European Parliament and to the Council immediately after its adoption, stating the reasons for the proposal.
Amendment 45 #
Proposal for a regulation
Article 15 – paragraph 13
Article 15 – paragraph 13
13. Paragraphs 1 to 12 shall not apply to priorities or programmes under Article [4(c)(v1)(ixi)] of the ESF+ Regulation.
Amendment 46 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
(iii) challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;
Amendment 47 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [4(c1)(vixi)] of the ESF+Regulation.
Amendment 49 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. In order to avoid situations where payments are suspended, the Commission shall ensure that Member States and regions which face compliance concerns owing to a lack of administrative capacity receive adequate technical assistance to improve their administrative capacity.
Amendment 52 #
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) in the data transmissions due by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November of each year, the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;
Amendment 53 #
Proposal for a regulation
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
(b) in the data transmissions due by 31 May and 30 November of each year only, the values of output and result indicators for selected operations and values achieved by operations.
Amendment 60 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
Article 84 – paragraph 2 – subparagraph 1 – point b
(b) 2022: 0.57 %;
Amendment 61 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
Article 84 – paragraph 2 – subparagraph 1 – point c
(c) 2023: 0.51 %;
Amendment 62 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
Article 84 – paragraph 2 – subparagraph 1 – point d
(d) 2024: 01.5 %;
Amendment 63 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
Article 84 – paragraph 2 – subparagraph 1 – point e
(e) 2025: 0.52 %;
Amendment 64 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point f
Article 84 – paragraph 2 – subparagraph 1 – point f
(f) 2026: 0.5%
Amendment 65 #
Proposal for a regulation
Article 91 – paragraph 1 – point e
Article 91 – paragraph 1 – point e
Amendment 77 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 78 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5560 % for the transition regions;
Amendment 79 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 80 #
The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 7085 %.
Amendment 81 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 4
Article 106 – paragraph 3 – subparagraph 4
The ESF+ Regulation may in duly justified cases establish higher co-financing rates, of up to 90 %, for priorities supporting innovative actions in accordance with Article [14] of that Regulation.
Amendment 82 #
Proposal for a regulation
Article 106 – paragraph 4 – subparagraph 1
Article 106 – paragraph 4 – subparagraph 1
The co-financing rate for Interreg programmes shall be no higher than 7085 %.
Amendment 153 #
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation, or infrastructure that is inaccessible for persons with disabilities. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. Poverty being one of the greatest challenges in the EU, the Funds under CPR shall contribute to the elimination of poverty. Furthermore, the Funds under CPR shall contribute to fulfilling the commitment of the Union and its Member States to achieving the Sustainable Development Goals.
Amendment 249 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review shouldmay provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.
Amendment 287 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects, and with projects funded under Horizon Europe.
Amendment 297 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Managing authorities should have the possibility to implement financial instruments through a direct award of a contract to the EIB Group, national promotional banks and to international financial institutions (IFIs).
Amendment 309 #
(48a) To support the effective use of the Funds, the EIB Group's support should be available to the benefit of all Member States upon their request. This would include capacity building, support to project identification, preparation and implementation, as well as advising on financial instruments and investment platforms.
Amendment 380 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) 'climate proofing' means (a) a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available, or internationally recognised standards.; (b) the application of the Energy Efficiency First principle
Amendment 441 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure climate proofing for relevant operations through all planning and implementation process and shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.
Amendment 628 #
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(g a) The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs
Amendment 678 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States may allocate, in the Partnership Agreement or in the request for an amendment of a programme under the mid-term review, the amount of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. The amount to be contributed to InvestEU shall not exceed 53 % of the total allocation of each Fund, except in duly justified cases. Such contributions shall not constitute transfers of resources under Article 21 and shall be available for investments in line with cohesion policy objectives. Only resources of future calendar years may be allocated.
Amendment 682 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 686 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 692 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme.
Amendment 713 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
The Commission shall, within threone months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.
Amendment 782 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point a
Article 14 – paragraph 2 – subparagraph 2 – point a
(a) the revised initial allocations of the financial resources by priority including the amounts for the years 2026 and 2027;
Amendment 786 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point b
Article 14 – paragraph 2 – subparagraph 2 – point b
(b) revised or new targets; in particular with regards to adapting to the update of National Energy and Climate Plans under the Article 13 of Regulation (EU) No [number of the new Energy Union Governance Regulation]
Amendment 787 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point b a (new)
Article 14 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) the amounts to be contributed to InvestEU by Fund and by category of region, where appropriate
Amendment 792 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission shall, by 31 December 2025, adopt a report summarising the results of the mid-term review process referred to in paragraph 1 and in paragraph 2. The Commission shall communicate the report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 900 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iv a (new)
Article 17 – paragraph 3 – subparagraph 1 – point a – point iv a (new)
(iv a) an integrated approach to address negative demographic trends;
Amendment 907 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii a (new)
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii a (new)
(vii a) challenges and related objectives identified within National Energy and Climate Plans
Amendment 927 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point iii a (new)
Article 17 – paragraph 3 – subparagraph 1 – point d – point iii a (new)
(iii a) actions safeguarding equality, inclusion and non-discrimination;
Amendment 940 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d a (new)
Article 17 – paragraph 3 – subparagraph 1 – point d a (new)
(d a) a description of how complementarities and synergies with other programmes will be pursued;
Amendment 971 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to 2025 only7.
Amendment 1028 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall approve the amendment of a programme no later than sixthree months after its submission by the Member State.
Amendment 1253 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89. Technical assistance in the form of a specific programme may be implemented either through financing not linked to costs or through reimbursement of direct costs.
Amendment 1327 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, inclusiveness, non-discriminatory nature, coherence and EU added value with the aim to improve the quality of the design and implementation of programmes.
Amendment 1342 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall carry out a mid-term evaluation to examine the effectiveness, efficiency, relevance, inclusiveness, non-discriminatory nature, coherence and EU added value of each Fund by the end of 2024. The Commission may make use of all relevant information already available in accordance with Article [128] of the Financial Regulation.
Amendment 1344 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. This evaluation shall include the outcomes, socio-economic impact and the funding needs under the policy objectives outlined in Article 4(1), with a particular focus on a smarter Europe by promoting innovative and smart economic transformation and a more connected Europe by enhancing mobility and regional ICT connectivity.
Amendment 1346 #
Proposal for a regulation
Article 40 – paragraph 2 b (new)
Article 40 – paragraph 2 b (new)
2b. Based on the outcome of the evaluations referred to in paragraphs 1, 2 and 3, the Commission shall adopt evaluation reports and communicate them to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 1407 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 a (new)
Article 53 – paragraph 2 – subparagraph 2 a (new)
The managing authority may entrust implementation tasks through the direct award to: (a) the EIB Group; (b) national promotional banks; (c) an international financial institution in which a Member State is a shareholder.
Amendment 1442 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 – point c
Article 58 – paragraph 1 – subparagraph 1 – point c
(c) value added tax ('VAT'), except for operations the total cost of which is below EUR 5 000 000 and for investments and expenditure by final recipients.
Amendment 1445 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 – point c a (new)
Article 58 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) for operations above the total cost of EUR 5 000 000, VAT eligibility shall be determined on a case-by-case approach.
Amendment 1595 #
Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 1 a (new)
Article 73 – paragraph 3 – subparagraph 1 a (new)
In case of a disagreement between the Commission and a Member State on audit findings, a settlement procedure shall be put in place.
Amendment 1616 #
Proposal for a regulation
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. The document retention period may be further reduced, proportionally to the risk profile and the size of beneficiaries, by decision of the managing authority.
Amendment 1860 #
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 1
Article 104 – paragraph 4 – subparagraph 1
The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR 102 000 000 000. It shall be spent for transport infrastructure projects by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.
Amendment 1863 #
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 5
Article 104 – paragraph 4 – subparagraph 5
Amendment 1867 #
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 6
Article 104 – paragraph 4 – subparagraph 6
Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70% of the resources transferred to the CEF.
Amendment 1876 #
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 7 a (new)
Article 104 – paragraph 4 – subparagraph 7 a (new)
In order to support the Member States in designing mature and quality projects, particular attention shall be given to programme support actions aimed at strengthening institutional capacity and public services in relation to the development and implementation of projects.
Amendment 1982 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 4
Article 106 – paragraph 3 – subparagraph 4
The ESF+ Regulation may in duly justified cases establish higher co-financing rates, of up to 90%, for priorities supporting innovative actions in accordance with Article [143] and Article [4 (1) (x)] and [(xi)] of that Regulation.
Amendment 2088 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 001 – column 1
Annex I – Table 1 – Policy objective 1 – row 001 – column 1
001 Investment in fixed assets in micro enterprises directly linked to research and innovation activities or linked to competitiveness
Amendment 2091 #
002 Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities or linked to competitiveness
Amendment 2094 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 004 – column 1
Annex I – Table 1 – Policy objective 1 – row 004 – column 1
004 Investment in intangible assets in micro enterprises directly linked to research and innovation activities or linked to competitiveness
Amendment 2097 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 005 – column 1
Annex I – Table 1 – Policy objective 1 – row 005 – column 1
005 Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities or linked to competitiveness
Amendment 2112 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 043
Annex I – Table 1 – Policy objective 2 – row 043