61 Amendments of Petri SARVAMAA related to 2015/0009(COD)
Amendment 26 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Financial contributions to the EFSI by Member States or national promotional banks, including possible participation in investment projects, shall only be possible, if negative effects on their credit rating can be ruled out by a certificate of a rating agency submitted to the EFSI Steering Board.
Amendment 29 #
Proposal for a regulation
Recital 24
Recital 24
(24) EIB financing and investment operations supported by the EFSI should be managed in accordance with the EIB’s own rules and proceduresRegulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002, including appropriate control measures and measures taken to avoid tax evasion, as well as with the relevant rules and procedures concerning the European Anti-Fraud Office (OLAF) and the Court of Auditors, including the Tripartite agreement between the European Commission, the European Court of Auditors and the European Investment Bank.
Amendment 31 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their value added in addition to existing EU funded activities, relevance, performance and impact and to identifying aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
Amendment 38 #
Proposal for a regulation
Recital 30
Recital 30
(30) Given the nature of their constitution, neitherir assimilation to Union financial instruments, the EU guarantee to the EIB norand the guarantee fund are 'financial instruments' within the meaning of Regulation (EU) No 966/2012 of the European Parliament and of the Council4 should comply with the principles of sound financial management, transparency, proportionality, non- discrimination, equal treatment and subsidiarity as referred to in Article 140 of Regulation (EU) No 966/2012 of the European Parliament and of the Council4 and, where appropriate, to the provisions in Article 139 of Regulation (EU, Euratom ) No 966/2012. __________________ 4 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Amendment 39 #
Proposal for a regulation
Recital 31
Recital 31
(31) Within the Union, there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects. Often, this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks. The Commission and the EIB, with support from the Member States, should promote the creation of a transparent pipelinedirectory of current and future investment projects in the Union suitable for investment. This 'project pipelinedirectory' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions.
Amendment 41 #
Proposal for a regulation
Recital 32
Recital 32
(32) Member States have also begun work at national level on establishing and promoting project pipelindirectories for projects of national significance. The information prepared by the Commission and the EIB should provide links to the accompanying national project pipelindirectories.
Amendment 42 #
Proposal for a regulation
Recital 33
Recital 33
(33) Although the projects identified under the project pipelinedirectory may be used by the EIB in the identification and selection of EFSI supported projects, the project pipelinedirectory should have a broader scope of identifying projects across the Union. This scope may include projects that are capable of being fully financed by the private sector or with the assistance of other instruments provided at European or national level. The EFSI should be able to support financing and investment to projects identified by the project pipelinedirectory, but there should be no automaticity between inclusion on the list and access to EFSI support and the EFSI be conferred with discretion to select and support projects that are not included on the list.
Amendment 44 #
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure accountability to European citizens, the EIB should regularly report to the European Parliament and the Council on the progress and impact of the EFSI, in particular as regards the additionality of operation conducted under EFSI compared to normal EIB operations.
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement'), in accordance with the principles of sound financial management, transparency, proportionality, non-discrimination, equal treatment and subsidiarity.
Amendment 50 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 52 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
Article 2 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) provisions on how the Commission will assume full responsibility for the actual use of EU funds managed by the EFSI, as provided by Article 17(1) TEU and 317 TFEU and prevent the diffusion of accountability;
Amendment 57 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point h
Article 2 – paragraph 1 – subparagraph 1 – point h
(h) provisions on the financing necessary forlegal form, the operational structure and the financing the EIAH in accordance with the third subparagraph of paragraph 2;
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point h a (new)
Article 2 – paragraph 1 – subparagraph 1 – point h a (new)
(ha) provisions on an unconditional capping of expenses incurred by the EIB on behalf of the EFSI;
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4
The EFSI Agreement shall provide that remuneration attributable to the Union from EFSI supported operations shall be provided up to an unconditional cap following the deduction of payments due to calls on the EU guarantee and, subsequently, costs in accordance with the third subparagraph of paragraph 2 and with Article 5(3).
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 3
Article 2 – paragraph 2 – subparagraph 3
The EIAH shall be partially financed by the Union up to a maximum amount of EUR 20 000 000 per year during the period ending on 31 December 202018 for the additional services provided for by the EIAH over existing EIB technical assistance. A review shall be conducted prior to 2018 to assess the success and value added by the EIAH before granting second funding period from 1 January 2019 to 31 December 2020. For the years after 2020 the financial contribution from the Union shall be directly linked to the provisions included in the future multi- annual financial frameworks.
Amendment 66 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Financial Rules The financial rules applicable to the EFSI and the EIAH shall be adopted by the Steering Board. They may not deviate from Regulation (EC, Euratom) No. 966/2012. In the framework of the negotiations to the EFSI Agreement prior to the setup of the EFSI or after a formal request of the Steering Committee, the Commission may be empowered to allow in duly justified cases for derogations in the form of transitional financial rules by means of a delegated act in accordance with Article 290 TFEU and Article 17 of this regulation. Such transitional rules shall be valid for a maximum of three years or until Parliament and Council amend Regulation (EC, Euratom) No. 966/2012 to incorporate the special requirements of the EFSI.
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The EFSI Agreement shall provide that the EFSI shall be governed by a Steering Board, which shallCommission and the EIB are directly responsible and accountable vis-á-vis the Budgetary Authority for the management of all funds and guarantees handled by the EFSI. For this purpose the EFSI is to be governed by a Steering Board, which, for the use of the EU guarantee, is to determine the strategic orientation, the strategic asset allocation and operating policies and procedures, including the investment policy of projects that EFSI can support and the risk profile of the EFSI, in conformity with the objectives under Article 5(2). The Steering Board shall elect one of its members to be Chairperson.
Amendment 85 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance and be appointed by the Steering Board for a renewable fixed term of three yearsstructuring and project financing, as well as macroeconomic expertise. The Investment Committee shall be appointed by the Steering Board for a renewable fixed term of three years. The experts shall be appointed in an open and transparent selection procedure. The decisions made by the Investment Committee shall be free from any undue interference.
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Union shall provide a guarantee to the EIB for financing or investment operations carried out within the Union covered by this Regulation ('EU guarantee'). The EU guarantee shall also be provided to national promotional banks or institutions, in accordance with Article 58(c) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002, and investment platforms. The EU guarantee shall be granted as a guarantee on demand in respect of instruments referred to in Article 6.
Amendment 91 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The operations concerned shall be consistent with Union policies, be economically and technically viable, provide additionality, maximise where possible the mobilisation of private sector capital, and support any of the following general objectives:
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
In accordance with Article 17 of the Statute of the European Investment Bank, the EIB shall charge the beneficiaries of the financing operations to cover its expenses related to the EFSI. The risk of non- recoverable EIB expenses shall be borne entirely by the EIB. Without prejudice to sub-paragraph 2 and 3, no administrative expenditure or any other fees of the EIB for financing and investment activities conducted by the EIB under this Regulation shall be covered from the Union budget.
Amendment 102 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The EIB may call the EU guarantee, in accordance with Article 2(1)(e), within a cumulated maximum limit corresponding to 1% of the total outstanding EU guarantee obligationsup to an unconditional cap provided for in the EFSI agreement to cover expenses that whilst charged to beneficiaries of the financing operations, have not been recovered.
Amendment 103 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Fees of the EIB should the EIB provide funding to the EIF on behalf of the EFSI which is backed by the EU guarantee in accordance with Article 7(2) may be covered from the Union budget. Such Fees shall be unconditionally capped in the EFSI Agreement.
Amendment 104 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Provided that all relevant eligibility criteria are fulfilled, Member States may use European Structural and Investment Funds to contribute to the financing of eligible projects in which the EIB is investing with the support of the EU guarantee. Where, in such cases, several legal frameworks of the Union are applicable to the management and control of such projects, Regulation (EU, Euratom) No 966/2012 and the relevant sectoral funding legislation shall take precedence.
Amendment 108 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The EU guarantee to the EIB shall be of an amount equal to EUR 16 000 000 000, of which a maximum amount of EUR 2 500 000 000 may be allocated for EIB funding to the EIF in accordance with paragraph 2. Without prejudice to Article 8(9), aggregate payments from the Union under the guarantee to the EIB shall not exceed the amount of the guarantee, thus excluding contingent liabilities for the Union budget. Legal claims of final beneficiaries against the Union above and beyond this guarantee shall be excluded.
Amendment 109 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The coverage of the guarantee over a particular type of instrument portfolio, referred to in Article 6, shall be determined by the credit risk of that portfolio. The Steering Committee shall approve and justify in its decision the use of a certain risk measure and the methodology for its calculation. The EU guarantee shall be eligible to provide either first loss guarantees on a portfolio basis or a full guarantee. The EU guarantee may be granted on a pari passu basis with other contributors. Member States and national promotional banks may only contribute with guarantees or contributions, if negative effects on the credit rating of the Member States can be ruled out by a certificate of a rating agency.
Amendment 112 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the EIB calls the EU guarantee in accordance with the EFSI Agreement, the Union shall pay on demand in accordance with the terms of that Agreement. The Union contribution to the Guarantee shall not exceed the EU Guarantee set in Article 7(1). All further losses and risks are borne by the other contributors to the portfolio and the stakeholders of the projects. The EU assumes no contingent liabilities exceeding the EU Guarantee set in Article 7(1).
Amendment 114 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The EFSI Agreement shall incorporate a general immunity of the EU and waivers against legal claims by EFSI beneficiaries against the Commission that go beyond the EU guarantee;
Amendment 115 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) paymentcontributions from the general budget of the Union,
Amendment 117 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) any other paymentscontribution received by the Union in accordance with the EFSI Agreement. While Member States and national promotional banks may only contribute with guarantees or contributions, if negative effects on the credit rating of the Member States can be ruled out by a certificate of a rating agency.
Amendment 121 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. From 1 January 20198, if as a result of calls on the guarantee, the level of the guarantee fund falls below 50% of the target amount, the Commission shall submit a report on exceptional measures that may be required to replenish it.
Amendment 123 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
European investment project pipelinedirectory
Amendment 124 #
Proposal for a regulation
Article 9 – title
Article 9 – title
European investment project pipelinedirectory
Amendment 125 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission and the EIB, with support from the Member States, shall promote the creation of a transparent pipelinedirectory of current and potential future investment projects in the Union. The pipeline isdirectory shall be for visibility to investors and information purposes only and shall be without prejudice to the final projects selected for support according to Article 3(5).
Amendment 130 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The EIB, in cooperation with the EIF as appropriate, shall report annually to the European Parliament and to the Council and to the European Court of Auditors on EIB financing and investment operations under this Regulation. The report shall be made public and include:
Amendment 132 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) an assessment of EIB financing and investment operations at operation, sector, country and regional levels and their compliance with this Regulation and Regulation (EU, Euratom) No 966/2012, together with an assessment of the allocation of EIB financing and investment operations between the objectives in Article 5(2);:
Amendment 136 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) an assessment of the financial benefiamount transferred to beneficiaries and the assessment of EIB financing and investment operations on an aggregated basis;
Amendment 137 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) an assessment of the qualityvalue added of EIB financing and investment operations;
Amendment 148 #
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the EIB's and EIF's risk assessment and grading information concerning EIB financing and investment operations under this Regulation;
Amendment 149 #
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) the outstanding financial obligation for the EU concerning the guarantees provided towards EIB financing and investment operations under this Regulation broken down by the individual operations;
Amendment 171 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. At the latest [PO insert date three years after the entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation, including assessment of the value added of the EFSI and its additionality to existing EU funding instruments, accompanied by any relevant proposal.
Amendment 180 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The EU guarantee and the payments and recoveries under it that are attributable to the general budget of the Union shall be audited by the Court of Auditorsexternal audits of the activities undertaken in accordance with this Regulation shall be carried out by the Court of Auditors in accordance with Article 287 TFEU. The Commission shall ensure that the Court of Auditors is able to exert its right as provided for in the first subparagraph of Article 287(3) TFEU and has full access to all information it needs to carry out its audits. All parties concerned by the activities undertaken in accordance with this Regulation shall be made aware of the right of the Court of Auditors as provided for in the first subparagraph of Article 287(3). The EIB, the EIF, all financial intermediaries involved in the activities undertaken in accordance with the EFSI Regulation and final 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, pursuant to Article 161 of Regulation (EU, Euratom) No 966/2012.
Amendment 256 #
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal and economic value. In particular, the EFSI should target projects that promote job creation, long- term sustainable growth and competitiveness. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use.
Amendment 426 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EIB should regularly evaluate activities supported by the EFSI with a view to assessing their value added in addition to existing EU funded activities, relevance, performance and impact and to identifying aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
Amendment 496 #
Proposal for a regulation
Recital 31
Recital 31
(31) Within the Union, there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects. Often, this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks. The Commission and the EIB, with support from the Member States, should promote the creation of a transparent pipelinedirectory of current and future investment projects in the Union suitable for investment. This 'project pipelinedirectory' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions.
Amendment 503 #
Proposal for a regulation
Recital 32
Recital 32
(32) Member States have also begun work at national level on establishing and promoting project pipelindirectories for projects of national significance. The information prepared by the Commission and the EIB should provide links to the accompanying national project pipelindirectories.
Amendment 506 #
Proposal for a regulation
Recital 33
Recital 33
(33) Although the projects identified under the project pipelinedirectory may be used by the EIB in the identification and selection of EFSI supported projects, the project pipelinedirectory should have a broader scope of identifying projects across the Union. This scope may include projects that are capable of being fully financed by the private sector or with the assistance of other instruments provided at European or national level. The EFSI should be able to support financing and investment to projects identified by the project pipelinedirectory, but there should be no automaticity between inclusion on the list and access to EFSI support and the EFSI be conferred with discretion to select and support projects that are not included on the list.
Amendment 588 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States. Subject to the consent of the EIB, existing contributors, the EFSI Agreement shall also be open to accession by other third parties, including national promotional banks or public agencies owned or controlled by Member States, and private sector entities.
Amendment 689 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 4
Article 2 – paragraph 1 – subparagraph 4
Amendment 721 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 3
Article 2 – paragraph 2 – subparagraph 3
The EIAH shall be partially financed by the Union up to a maximum amount of EUR 20 000 000 per year during the period ending on 31 December 202018 for the additional services provided for by the EIAH over existing EIB technical assistance. A review shall be conducted prior to 2018 to assess the success and value added by the EIAH before granting second funding period from 1 January 2019 to 31 December 2020. For the years after 2020 the financial contribution from the Union shallmay be directly linked to the provisions included in the future multi- annual financial frameworks.
Amendment 863 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance and be appointed by the Steering Board for a renewable fixed term of three yearsstructuring and project financing, as well as macroeconomic expertise. The Investment Committee shall be appointed by the Steering Board for a renewable fixed term of three years. The experts shall be appointed in an open and transparent selection procedure. The decisions made by the investment committee shall be free from any undue interference.
Amendment 895 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Union shall provide an irrevocable and unconditional guarantee to the EIB for financing or investment operations carried out within the Union covered by this Regulation ('EU guarantee'). The EU guarantee shall be granted as a guarantee on demand in respect of instruments referred to in Article 6.
Amendment 898 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Union shall provide a guarantee to the EIB for financing or investment operations carried out within the Union covered by this Regulation ('EU guarantee'). The EU guarantee shall be an unconditional, irrevocable, first demand guarantee in favour of the EIB. The EU guarantee shall be granted as a guarantee on demand in respect of instruments referred to in Article 6.
Amendment 939 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections and other projects in line with Energy Union priorities; and digital infrastructure;
Amendment 1124 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) paymentcontributions from the general budget of the Union,
Amendment 1132 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) any other paymentcontributions received by the Union in accordance with the EFSI Agreement.
Amendment 1176 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. From 1 January 20198, if as a result of calls on the guarantee, the level of the guarantee fund falls below 50% of the target amount, the Commission shall submit a report on exceptional measures that may be required to replenish it.
Amendment 1189 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
European investment project pipelinedirectory
Amendment 1191 #
Proposal for a regulation
Article 9 – title
Article 9 – title
European investment project pipelinedirectory
Amendment 1197 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission and the EIB, with support from the Member States, shall promote the creation of a transparent pipelinedirectory of current and potential future investment projects in the Union. The pipeline isdirectory shall be for visibility to investors and information purposes only and shall be without prejudice to the final projects selected for support according to Article 3(5).
Amendment 1325 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. At the latest [PO insert date three years after the entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation, including assessment of the value added of the EFSI and its additionality to existing EU funding instruments, accompanied by any relevant proposal.