[ParlTrack]

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Recital 60

(60) It is important to allow Member States to request that resources allocated to them under shared implementation are transferred at Union level and implemented by the Commission in direct or indirect implementation, where possible for the benefit of the Member State concerned. This would optimise the use of these resources and of the instruments established under this Regulation or under sector specific Regulations including the EFSI Regulation, to which the Member States would request these resources to be transferred. In order to guarantee an efficient implementation of these instruments, it is necessary to foresee that where resources are transferred to instruments established under this Regulation or under sector specific Regulations including the EFSI Regulation, the rules of those regulations shall apply.deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Recital 178

(178) In view of optimising the use of the financial resources allocated to Member States under Cohesion policy, it is necessary to allow Member States to transfer ESI Funds allocation to instruments established under the Financial Regulation or under sector specific Regulations.deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 30 – paragraph 3

~~3. Paragraph 1 shall not apply to internal assigned revenue in the event that there are no identified needs allowing such revenue to be used for the purpose for which it is assigned.~~deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 48 – paragraph 1

The Commission section of the budget may include a "negative reserve" limited to a maximum amount of EUR 4200 000 000. Such a reserve, which shall be entered in a separate title, shall comprise payment appropriations only.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 125

Article 125 Transfer of resources to instruments established under this Regulation or sector specific Regulations Resources allocated to Member States under shared implementation may, at their request, be transferred to instruments established under this Regulation or under sector specific Regulations. The Commission shall implement these resources in accordance with point (a) or (c) of Article 61(1), where possible for the benefit of the Member State concerned. In addition resources allocated to Member States under shared implementation may at their request be used to enhance the risk- bearing capacity of the EFSI. In such cases, EFSI rules shall apply.deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 264 – paragraph 1 a (new)

Regulation (EU) 1301/2013
Article 3, in paragraph 1, point (a)

"(a) productive investment which contributes to creating and safeguarding sustainable jobs, through direct aid for investment in ~~SMEs;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1301&from=EN)~~enterprises;" Or. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

"(b) productive investment, irrespective of the size of the enterprise concerned, which contributes to the investment priorities set out in points (1) and (4) of Article 5, and, where that investment involves cooperation between large enterprises and SMEs, in point (2) of Article 5;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1301&from=EN)delete" Or. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 264 – paragraph 1 c (new)

Regulation (EU) 1301/2013
Article 12, paragraph 5

"5. By way of derogation from points (a) and (b) of Article 3(1), the ERDF may support productive investment in enterprises in the outermost regions, irrespective of the size of those enterprises." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1301&from=EN)delete" Or. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 5

Regulation (EU) No 1303/2013
Article 16, new paragraph 4a

Where applicable, the Member State shall submit ~~each year by 31 January~~by 31 December 2017 and by 31 December 2019 or upon the request of the Commission an amended Partnership Agreement following the approval of amendments of one or more programmes by the Commission in the previous calendar year in accordance with the second subparagraph of Article 30(2).

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 8 Regulation (EU) No 1303/2013

Where local action groups carry out tasks not covered by points (a) to (g) that fall under the responsibility of the managing or, the certifying authority or of the paying agency, those local action groups shall be designated as intermediate bodies in accordance with the fund specific rules.deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 10 a (new)

Regulation (EU) No 1303/2013
Article 37, paragraph 8

"8. Final recipients supported by an ESI Fund financial instrument may also receive assistance from another ESI Funds priority or programme or from another instrument supported by the budget of the Union in accordance with applicable Union State aid rules. In that case, separate records shall be maintained for each source of assistance and the ESI Funds financial instrument support shall be part of an operation with eligible expenditure distinct from the other sources of assistance." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=." Or. en)

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1

Regulation (EU) No 1303/2013
Article 38, paragraph 4, point b

- operates under a public policy mandate given by the relevant authority of a Member State at national or regional level, to carry out economic development activities contributing to the objectives of the ESI Funds under the control of a public authority;

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1

Regulation (EU) No 1303/2013
Article 38, paragraph 4, point b

~~- carries out its development activities in regions, policy areas and sectors for which access to funding from market sources is not generally available or sufficient;~~deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i – indent 1

Regulation (EU) No 1303/2013
Article 38, paragraph 4, point b

~~- is subject to the supervision of an independent authority in accordance with national law.~~deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point ii (new)

Regulation (EU) No 1303/2013
Article 38, paragraph 4, second subparagraph

Institutions and bodies referred in points b) iii) and c) can have the status of intermediate body as regulated in Article 123.6.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 12 – point b – point i

Regulation (EU) No 1303/2013
Article 39, paragraph 4, point (a)

by way of derogation from Article 37(2), it shall be based on an ex-ante assessment at Union level carried out by the EIB and the Commission or, where more recent data is available, on national or regional ex-ante assessment carried out by the EIB or the participating Member State.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 12 – point c a (new) Regulation (EU) No 1303/2013

(ca) The following paragraph 7a is inserted: 7a. By way of derogation from Article 130.1, the Commission shall reimburse as interim payment 100% of the amounts included in payment applications made according to paragraph 7

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 13

Regulation (EU) No 1303/2013
Article 39a

1. Member States may use ESI Funds to provide a contribution to financial instruments referred to in point (c) of Article 38(1) ~~to attract additional private sector investment~~.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 13

Regulation (EU) No 1303/2013
Article 39a

2. TIn order to attract additional private sector investment, the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients. In the less developed regions referred to in point (b) of Article 120(3), the financial contribution may exceed 25% where duly justified by the ex-ante assessment, but shall not exceed 50%. The total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi-equity investments provided to final recipients. The guaranteed loans referred to in this paragraph shall only be taken into account to the extent that ESI Funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 20

Regulation (EU) No 1303/2013
Article 56, paragraph 5

~~20. in Article 56, paragraph 5 is~~ deleted;

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 21

Regulation (EU) No 1303/2013
Article 57, paragraph 3

~~21. in Article 57, paragraph 3 is~~ deleted;

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 24 a (new)

Regulation (EU) No 1303/2013
Article 61, paragraph 1

"This Article shall apply to operations which generate net revenue after their completion. For the purposes of this Article 'net revenue' means cash in-flows directly paid by users for the goods or services provided by the operation, such as charges borne directly by users for the use of infrastructure, sale or rent of land or buildings, or payments for services less any operating costs and replacement costs of short-life equipment incurred during the corresponding period." Operating cost- savings generated by the operation shall be treated as net revenue unless they are offset by an equal reduction in operating subsidies." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)r. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point b

Regulation (EU) No 1303/2013
Article 67

(b) the following paragraph 2a is inserted: ‘2a. For an operation or projects not falling under the first sentence of paragraph 4 and which receive support from the ERDF and the ESF, grants and repayable assistance for which the public support does not exceed EUR 100 000 shall take the form of standard scales of unit costs, lump sums or flat rates, except for operations receiving support within the framework of a State aid scheme that does not constitute de minimis aid.’deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 28 – introductory part

28. the following Articles 68a, 68b and 68bc are inserted:

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 28 (new)

Regulation (EU) No 1303/2013
Article 68a

1a. In the case of aid schemes under Article 107 TFEU, the public contribution paid to the beneficiary calculated as a result of the application of the present Article to an operation, is considered as compatible assistance, provided that the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, is applicable to that operation.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 28

Regulation (EU) No 1303/2013
Article 68a

2. For the purposes of determining staff costs the hourly rate may be calculated by dividing the latest documented annual gross employment costs by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part time. The total number of hours declared per person for a year shall not exceed the hours used for the calculations of the hourly rate.deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 28 (new)

Regulation (EU) No 1303/2013
Article 68c

2a. Article 68c Compatibility of ESI Funds and aid schemes under Article 107 TFEU In the case of aid schemes under Article 107 TFEU, the public contribution paid to the beneficiary calculated as a result of the application of the Articles 67, 68, 68a and 68b to an operation, is considered as compatible assistance, provided that the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, is applicable to that operation.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 29 – point d

Regulation (EU) No 1303/2013
Article 70

For operations concerning technical assistance or communication and promotional activities, including the activities devoted to boost the internationalization of SMEs, and for operations under the thematic objective of strengthening research, technological development and innovation, including financial contributions to international research centres, expenditure may be incurred outside the Union provided that the conditions set out in point (a) of paragraph 2 and the obligations in relation to management, control and audit concerning the operation are fulfilled.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

34a. in Article 84 the following paragraph 2 is added:

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 35

Regulation (EU) No 1303/2013
Article 84

~~35. in Article 84 the reference to "Article 59(6) of the Financial Regulation" is replaced by "Article 62(6) of the Financial Regulation".~~deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 35 – indent 1 (new)

Regulation (EU) No 1303/2013
Article 84

– 2. For accounts submitted before the end of the accounting period, the Commission shall apply procedures for the examination and acceptance of the accounts and inform the Member State as to whether it accepts them no later than four months after the date of submission by the Member State.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 37 – point b

Regulation (EU) No 1303/2013
Article 102

Where the independent quality review has not been notified to the Commission within 618 months of the submission of that information to the independent experts or where the relevant appraisal is negative, the corresponding expenditure shall be withdrawn and the declaration of expenditure shall be rectified accordingly.;

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 40 – point e Regulation (EU) No 1303/2013

(a) ~~inform~~the designation onf the ~~selection of the joint action plan by the managing authority in accordance with Article 125(3)~~beneficiary responsible for the implementation of the joint action plan, providing guarantees of its competence in the domain concerned as well as its administrative and financial management capacity;

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 45 – point a

Regulation (EU) No 1303/2013
Article 114

1. An evaluation plan shall be drawn up by the managing authority or Member State for one or more operational programmes. The evaluation plan shall be submitted to the monitoring committee no later than one year after the adoption of the operational programme. In the cases of dedicated programmes referred to in point (b) of the first subparagraph of Article 39(4) adopted before this Regulation has entered into force, the evaluation plan shall be submitted to the monitoring committee no later than one year after the date this Regulation enters into force.;

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 45 – point b

Regulation (EU) No 1303/2013
Article 114

~~(b) paragraph 4 is~~ deleted.

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 52 a (new)

Regulation (EU) No 1303/2013
Article 130

52a. Article 130, paragraph 1, is replaced by the following:

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 52 b (new)

Regulation (EU) No 1303/2013
Article 130, paragraph 1

"The Commission shall reimburse as interim payments ~~90 % of~~ the amount resulting from applying the co-financing rate for each priority, laid down in the decision adopting the operational programme, to the eligible expenditure for the priority included in the payment application. The Commission shall determine the remaining amounts to be reimbursed as interim payments or to be recovered in accordance with Article 139." ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)~~Or. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 52 c (new)

Regulation (EU) No 1303/2013
Article 131, paragraph 4, (b)

52 c. In Article 131, paragraph 4, the condition b) is supressed

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 52 d (new)

REGULATION (EU) No 1303/2013
Article 131, paragraph 4, condition b)

"(b) those advances do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)deleted" Or. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 53

REGULATION (EU) No 1303/2013
Article 134

53. in Article 134, in paragraph 1a, second subparagraph , the reference to "point (c) of Article 21(3) of the Financial Regulation" is replaced by "point (c) of Article 20(3) of the Financial Regulation".deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 53 a (new)

Regulation (EU) No 1303/2013
Article 134

53a. Article 134 is amended as follows:

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 53 b (new)

Regulation (EU) No 1303/2013
Article 134, paragraph 2

"2. An annual pre-financing amount shall be paid before 1 July in the years 2016 to 2023. It shall be a percentage of the amount of the support from the Funds and the EMFF for the whole programming period to the operational programme as follows: (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)deleted" Or. en

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 53 c (new)

Regulation (EU) No 1303/2013
Article 134, paragraph 3

"3. When calculating the amount of initial pre-financing referred to in paragraph 1, the amount of support for the entire programming period shall exclude the amounts from the performance reserve which were initially allocated to the operational programme. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=~~" Or. en)

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 – point 60

Regulation (EU) No 1303/2013
Article 152

60. in Article 152, a new paragraph 4 is added: ‘Where a call for proposal is launched prior to the entry into force of Regulation XXX/YYY amending the present Regulation the managing authority (or monitoring committee for the programmes under the European territorial cooperation goal) may decide not to apply the obligation set out in Article 67(2a) for a maximum of 6 months starting from the date of entry into force of Regulation XXX/YYY. Where the document setting out the conditions for support is provided to the beneficiary within a period of 6 months starting from the date of entry into force of Regulation XXX/YYY the managing authority may decide not to apply those amended provisions.’deleted

2017/04/18
Committee: BUDG CONT

Esteban GONZÁLEZ PONS, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA

Proposal for a regulation
Article 265 – paragraph 1 a (new)

Regulation (EU) No 1303/2013
Article 2, Point (9)

"(9) 'operation' means a project, contract, action or group of projects selected by the managing authorities of the programmes concerned, or under their responsibility, that contributes to the objectives of a priority or priorities; in the context of financial instruments, an operation is constituted by the financial contributions from a programme to financial instruments ~~and the subsequent financial support provided by those financial instruments." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1303&from=en)~~." Or. en

2017/04/18
Committee: BUDG CONT

45 Amendments of Esteban GONZÁLEZ PONS related to 2016/0282(COD)

ParlTrack - 2011-2024