60 Amendments of Maria GRAPINI related to 2018/0196(COD)
Amendment 24 #
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–-2027 programming period ('programming period'), Member States should regularly presentpresent annually to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.
Amendment 36 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
(f) a more cohesive Europe by supporting the integration of people with disabilities.
Amendment 44 #
Proposal for a regulation
Recital 1
Recital 1
(1) Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured periphery regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) The periphery and outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession,in order to increase social cohesion.
Amendment 55 #
Proposal for a regulation
Recital 7
Recital 7
(7) Where a time limit is set for the Commission to take any action towards Member States, the Commission should take account of all necessary information and documents in a achievable timely, and efficient manner. Where submissions from Member States are incomplete or non- compliant with the requirements of this Regulation and of Fund-specific Regulations, thus not enabling the Commission to take fully- informed action, that time limit should be suspended until the Member States comply with the regulatory requirements.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–2027 programming period ('programming period'), Member States should regularly, but no later than 1 year, present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.
Amendment 63 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
(2) The Commission may make observations within three month60 days of the date of submission of the programme by the Member State.
Amendment 63 #
Proposal for a regulation
Recital 24
Recital 24
(24) To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community capacity and stimulate innovation and research. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a 'Lead Fund' approach should be facilitated.
Amendment 68 #
Proposal for a regulation
Recital 38
Recital 38
(38) To ensure the effectiveness , efficiency , fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.
Amendment 70 #
Proposal for a regulation
Recital 42
Recital 42
(42) The decision to finance support measures through financial instruments should be determined on the basis of an ex ante assessment. This Regulation should lay down the minimum mandatory elements of ex ante assessments and should allow Member States to make use of the ex ante assessment carried out for the 2014- 2020 period, updated where necessary, in order to avoid administrative burden and delays in setting up financial instruments that may affect final term of the financing.
Amendment 71 #
Proposal for a regulation
Recital 44
Recital 44
(44) In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions and to obtain maximum positive effects.
Amendment 73 #
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 2.5 3.0%;
Amendment 73 #
Proposal for a regulation
Recital 48
Recital 48
(48) Since the managing authority bears the main responsibility for the effective and efficient implementation of the Funds and therefore fulfils a substantial number of functions, its functions in relation to the selection of projects, programme management and support for the monitoring committee should be set out in detail and clearly. Operations selected should be in line with the horizontal principles and with the purpose the fund usage.
Amendment 74 #
Proposal for a regulation
Recital 51
Recital 51
(51) The audit authority should carry out audits and ensure that the audit opinion provided to the Commission is reliable and real. That audit opinion should provide assurance to the Commission on three points, namely the legality and regularity of the declared expenditure, the effective functioning of the management and control systems and the completeness, accuracy and veracity of the accounts.
Amendment 75 #
Proposal for a regulation
Recital 55
Recital 55
(55) To reduce the administrative burden for Member States as well as for the Commission, a compulsory schedule of quarterly payment applications should be established and respected. Commission payments should continue to be subject to a 10 % retention until the payment of the annual balance of accounts when the Commission is able to conclude that the accounts are complete, accurate and true.
Amendment 76 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to reduce the administrative burden, the procedure for the annual acceptance of accounts should be simplified by providing simpler modalities for payments and recoveries where there is no justified disagreement between the Commission and the Member State.
Amendment 77 #
Proposal for a regulation
Recital 57
Recital 57
(57) In order to safeguard the financial interests and the budget of the Union proportionate measures should be established and implemented at the level of Member States and of the Commission. The Commission should be able to interrupt payments deadlines, suspend interim payments and apply financial corrections where the respective conditions are fulfilled, conditions that should be made public before the funding is approved. The Commission should respect the principle of proportionality by taking into account the nature, gravity and frequency of irregularities and their financial implications for the budget of the Union.
Amendment 79 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) providing on the beneficiary's professional website or social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;
Amendment 79 #
Proposal for a regulation
Recital 59
Recital 59
(59) In order to encourage financial discipline, it is appropriate to define the arrangements for decommitment of budgetary commitments at programme level , before closing the budgetary commitment.
Amendment 80 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
(1) A flat rate of up to 450 % of eligible direct staff costs may be used in order to cover the remaining eligible costs of an operation. The Member State shall not be required to perform a calculation to determine the applicable rate.
Amendment 80 #
Proposal for a regulation
Recital 60
Recital 60
(60) In order to promote the objectives of the TFEU related to economic, social and territorial cohesion, the Investment for jobs and growth goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF+ on the basis of an allocation key which is predominantly based on GDP per capita. Member States whose per capita gross national income ('GNI') is less than 980 % of that of the Union average should benefit under the Investment for jobs and growth goal from the Cohesion Fund.
Amendment 81 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to set out an appropriate financial framework for the ERDF, the ESF+ and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 54 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.
Amendment 82 #
Proposal for a regulation
Recital 70
Recital 70
(70) It is of particular importance that the Commission carry out appropriate consultations , with all interested parties, during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 83 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 – point b
Article 58 – paragraph 1 – subparagraph 1 – point b
(b) the purchase of land for an amount exceeding 105 % of the total eligible expenditure for the operation concerned; for derelict sites and for those formerly in industrial use which comprise buildings, that limit shall be increased to 15 %; for guarantees those percentages shall apply to the amount of the underlying loan;
Amendment 85 #
Proposal for a regulation
Article 63 – paragraph 11
Article 63 – paragraph 11
(11) The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions and rules for the implementation of this Article.
Amendment 85 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a smarter Europe by promoting innovative, sustainable and smart economic transformation;
Amendment 87 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – point b
Article 68 – paragraph 1 – subparagraph 1 – point b
(b) ensure, subject to the availability of funding, that a beneficiary receives the amount due in full and no later than 960 days from the date of submission of the payment claim by the beneficiary;, with the possibility of a 90-day extension where funds are not available.
Amendment 89 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
Article 84 – paragraph 2 – subparagraph 1 – point b
(b) 2022: 0.51.0 %;
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) a Europe closer to citizens by fostering the sustainable and integrated development of urban, rural and coastal areas and local initiatives, especially in the regions that have a low development level .
Amendment 91 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
Article 84 – paragraph 2 – subparagraph 1 – point c
(c) 2023: 01.5 %;
Amendment 92 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) Investment for jobs and sustainable growth in Member States and regions, to be supported by the ERDF, the ESF+ and the Cohesion Fund; and
Amendment 94 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
Article 84 – paragraph 2 – subparagraph 1 – point d
(d) 2024: 0.52.0 %;
Amendment 96 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
Article 84 – paragraph 2 – subparagraph 1 – point e
(e) 2025: 02.5 %;
Amendment 98 #
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 98 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) relevant bodies representing civil society, business associations, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non- discrimination.
Amendment 100 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
(1) Subject to available funding, tThe Commission shall make interim payments no later than 6045 days after the date on which a payment application is received by the Commission., with the possibility of a 60-day extension where funding is reported to be unavailable;
Amendment 101 #
Proposal for a regulation
Article 91 – paragraph 1 – point a
Article 91 – paragraph 1 – point a
(a) the Member State has failed to take the necessary action to remedy the situation giving rise to an interruption under Article 90 within a reasonable period;
Amendment 102 #
Proposal for a regulation
Article 91 – paragraph 1 – point b
Article 91 – paragraph 1 – point b
(b) there is a serious deficiency affecting the implementation of the project;
Amendment 109 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within ninesix months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to a programme or programmes and the Member State shall submit a corresponding request for a programme amendment.
Amendment 113 #
Proposal for a regulation
Article 15 – paragraph 10 – subparagraph 1 – introductory part
Article 15 – paragraph 10 – subparagraph 1 – introductory part
The suspension of commitments shall be subject to a maximum of 250 % of the commitments relating to the next calendar year for the Funds or 0,250 % of nominal GDP whichever is lower, in any of the following cases:
Amendment 122 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within three month60 days of the submission of the amended programme.
Amendment 123 #
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 125 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 510 % of the initial allocation of a priority and no more than 35 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 128 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States may request the transfer of up to 510 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect management.
Amendment 130 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – point b
Article 23 – paragraph 1 – subparagraph 1 – point b
(b) an analysis of the development needs and the potential of the area and of the social conditions;
Amendment 133 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Local action groups shall initiate , design and implement the strategies referred to in Article 25(2)(c).
Amendment 134 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 55 60% for the transition regions;
Amendment 135 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) building the capacity of local actors to initiate, develop and implement operations;
Amendment 136 #
Proposal for a regulation
Article 27 – paragraph 3 – point b
Article 27 – paragraph 3 – point b
(b) drawing up a non-discriminatory, measurable and transparent selection procedure and criteria, which avoids conflicts of interest and ensures that no single interest group controls selection decisions;
Amendment 138 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
The Member State shall set up a committee to monitor the implementation of the programme ('monitoring committee') within three month60 days of the date of notification to the Member State concerned of the decision approving the programme.
Amendment 165 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. The managing authority shall ensure that, within sixthree months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and achievements.
Amendment 169 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The managing authority shall inform the beneficiaries that the data will be made public before the publication takes place in accordance with this Article.
Amendment 180 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions ,in due time, to prevent, detect and correct and report on irregularities including fraud.
Amendment 191 #
Proposal for a regulation
Article 90 – paragraph 1 – introductory part
Article 90 – paragraph 1 – introductory part
1. The Commission may interrupt the payment deadline for payments, except for pre-financing, for a maximum period of sixthree months where any of the following conditions is met:
Amendment 193 #
Proposal for a regulation
Article 91 – paragraph 1 – point b
Article 91 – paragraph 1 – point b
(b) there is a serious deficiency;, the level of seriousness being defined beforehand.
Amendment 197 #
Proposal for a regulation
Article 98 – paragraph 1 – subparagraph 1 – point a
Article 98 – paragraph 1 – subparagraph 1 – point a
(a) there is a serious, measurable deficiency which has put at risk the support from the Funds already paid to the programme;
Amendment 198 #
Proposal for a regulation
Article 98 – paragraph 4 – subparagraph 2
Article 98 – paragraph 4 – subparagraph 2
When deciding on a financial correction, the Commission shall take account of all information and observations submitted and shall make sure that there is a legal basis.
Amendment 202 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 780 % for the less developed regions ;
Amendment 203 #
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 204 #
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 780 %.