40 Amendments of Clara AGUILERA related to 2020/0380(COD)
Amendment 37 #
Proposal for a regulation
Recital 2
Recital 2
(2) Following the end of the transition period, barriers to trade and toand with the provisional application of the Trade and cooperation agreement concluded between the European Union and the United Kingdom (hereinafter referred to as "the TCA") in December 2020, barriers to trade, cross- border exchanges and fisheries relations between the Union and the United Kingdom will be present. Bhave become a reality with broad and far-reaching consequences for businesses, citizens and public administrations are expectedthe EU fishing fleet, workers, citizens and public. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 40 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) As a result of the new fisheries relations agreed between the European Union and the United Kingdom, the EU fishing sector will face a profound impact due to the losses caused by the gradual 25% cut in the value of catches made both in the waters of the UK exclusive economic zone, in the waters of its territories with special status and in third country waters as set out in the TCA.
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economicnegative economic, social and territorial impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, their regions and their local communities, especially the moworst affected ones in such exceptional circumstances.
Amendment 45 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related negative impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public expenditure incurred by Member States for measures specifically taken to mitigate those consequences, which are particularly severe in the field of fisheries.
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom, including those dependent on fishing activities in the United Kingdom waters, in the waters of its territories with special status and in waters outside the United Kingdom which are affected by a loss of catches due to the reduction of fishing opportunities as a result of the TCA. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal. It is therefore appropriate to provide a non- exhaustive list of the type of measures that are most likely to achieve this objective.
Amendment 52 #
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported.
Amendment 54 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to take into account the immediate impact of the adverse consequencesexpenses incurred in anticipating the impact of the withdrawal of the United Kingdom from the Union on the Member States and their economies, the immediate impact of the adverse consequences of the withdrawal and the need to adopt mitigating measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 Julanuary 202019 and be concentrated over a limited period of 30 monthslast until 31 December 2023, for all sectors except for fisheries, for which the eligibility period should be extended to 30 June 2026, by which date the 25% cut in the value of the products caught by EU fleets in United Kingdom and third country waters, as provided for in the TCA, will have taken full effect.
Amendment 58 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics and in the waters of its territories with special status, and the importance of the decrease in fishing activity in waters outside the United Kingdom which are affected by a reduction in fishing opportunities as a result of the TCA, based on reliable and official statistics. Financial services should be excluded from the calculation of the distribution method. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
Amendment 67 #
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to that Member State within the limits of the financial resources available. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for.
Amendment 72 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible at national, regional and local level for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated. Member States will ensure that the local and regional authorities concerned are involved in the monitoring bodies, if they are not already part of them.
Amendment 75 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 Julanuary 202019 to 31 December 20223 for all sectors except the fisheries sector, for which the eligibility period should be extended until 30 June 2026;
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
Amendment 86 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000 shall be made available in 20246 in accordance with Article 11.
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) measures to support businesses and local communities dependent on fishing activities in the United Kingdom waters, in the waters of its territories with special status (including those outside Europe) and in the waters of third countries where fishing opportunities for EU fleets have been reduced as a result of the TCA;
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) compensation measures for operators in the fisheries and aquaculture sectors, including for the processing of their products, as well as measures to support temporary or permanent cessation of fishing activities as set out in [Regulation (EU) No XX/20XX (EMFAF Regulation)] as a result of loss of income and additional costs caused by the reduction of quotas, catch limits for species not subject to quotas, the reduction of access to United Kingdom waters and the reduction of fishing opportunities for the EU fleet in waters outside the United Kingdom as a result of the TCA, and the decisions taken under Reservation No 13 (‘Fishing and water’) and the SERVIN-2 annex (‘Future measures’) to the TCA, including the obligation to land catches -in whole or in part- in UK ports;
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment, job protection and creation, including through short-time work schemes, up- skilling, re-skilling and training in affected sectors;
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Expenditure shall be eligible if it is incurred and paid during the reference period for measures carried out in the Member State concerned or for the benefitmost affected regions of the Member State concerned.
Amendment 113 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a State Aid 1. The Commission may declare that payments made by Member States under the present Regulation are compatible with the internal market and are not subject to the notification requirements of Article 108(3) TFEU. 2. In line with the provisions of [Regulation (EU) No XX/20XX (EMFAF Regulation)], Articles 107, 108 and 109 of the Treaty on the Functioning of the European Union shall not apply to payments made by Member States, under the present Regulation, to undertakings in the fisheries and aquaculture sector, falling within the scope of Article 42 of the Treaty on the Functioning of the European Union.
Amendment 116 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 117 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States, in cooperation with regional and local authorities in the areas most adversely affected, shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures.
Amendment 118 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. By derogation from Article 12 of the Financial Regulation, unused commitment and payment appropriations under this Regulation shall be automatically carried over and may be used until 31 December 20256. The appropriations carried over shall be consumed first in the following financial year.
Amendment 120 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member States shall, after consulting the regions concerned, submit an application to the Commission for a financial contribution from the Reserve by 30 September 2023 for all sectors except the fisheries sector, for which contribution requests shall be submitted by 30 September 2026 at the latest. The Commission shall assess this application and establish whether additional amounts are due to Member States or any amounts should be recovered from the Member States in accordance with Article 11.
Amendment 122 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where a Member State does not submit an application for a financial contribution from the Reserve by 30 September 20236 for the fisheries sector and by 30 September 2023 at the latest for all other sectors, the Commission shall recover the total amount paid as pre- financing to that Member State.
Amendment 125 #
Proposal for a regulation
Article 10 – paragraph 2 – point a a (new)
Article 10 – paragraph 2 – point a a (new)
(a a) in accordance with Article 7 (2), a description of the consultations held with the regions and sectors most affected;
Amendment 131 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Where the accepted amount exceeds both the amount of pre-financing and 0.06% of the nominal GNI of 2021 of the Member State concerned, an additional amount shall be due to that Member State from the allocation referred to in Article 4(3), point (b), and any amounts carried over pursuant to Article 8(4).
Amendment 132 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 137 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) designating, at the appropriate level of governance, one or more bodyies responsible for the management of the financial contribution from the Reserve and an independent audit body in accordance with Article 63(3) of the Financial Regulation, and supervising such bodies;
Amendment 138 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. The body or bodies responsible for managing the financial contribution from the Reserve shall:
Amendment 141 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 30 June1 December 20267, the Commission shall carry out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission mayshall make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.
Amendment 143 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 30 June1 December 2027, the Commission shall submit to the European Parliament and to the Council a report on the implementation of the Reserve.
Amendment 146 #
Proposal for a regulation
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
1. Each Member State’s share from pre-financing of the Brexit Adjustment Reserve is determined as the sum of a factor directly linked to the fishvalue of the fishery products caught in the waters that belong to the UK Exclusive Economic Zone (EEZ) and in the waters of its territories with special status and the decrease in value of fishing activities in waters outside the United Kingdom affected by the cut in fishing opportunities provided for in the TCA, and a factor linked to trade with the UK.
Amendment 149 #
Proposal for a regulation
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
2. The factor linked to fishery products caught in the UK EEZ, in the waters of its territories with special status and to the decrease in the fishing activity in waters outside the United Kingdom affected by the cut in fishing opportunities provided for in the TCA is used to allocate EUR 600 million. The factor linked to trade is used to allocate EUR 3 400 million. Both amounts are expressed in 2018 prices.
Amendment 151 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – introductory part
Annex I – paragraph 1 – point 3 – introductory part
3. The factor linked to fisheries is determined on the basis of the following criterion and by applying the following steps:share of each Member State of the total value of the fishery products caught in the UK EEZ, in the waters of its territories with special status and of the decrease in the fishing activity in waters outside the United Kingdom affected by the cut in fishing opportunities provided for in the TCA.
Amendment 153 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point a
Annex I – paragraph 1 – point 3 – point a
Amendment 157 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b
Annex I – paragraph 1 – point 3 – point b
Amendment 164 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point a
Annex I – paragraph 1 – point 4 – point a
a) each Member State’s trade with the UK is expressed as share of the EU trade with the UK (trade is the sum of the imports and the exports of good and services, excluding financial services);
Amendment 168 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point b
Annex I – paragraph 1 – point 4 – point b
b) to assess the relative importance of these trade flows for each Member State, the sum of trade flows with the UK are expressed as a percentage of the Member State’s GDPoverall trade flows with the EU-28 as a whole and subsequently expressed as an index of the EU average (index of dependency);
Amendment 170 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point h a (new)
Annex I – paragraph 1 – point 4 – point h a (new)
h a) to provide a minimum level of access to the funds from the Reserve, no Member State can receive less than EUR 5 million in 2018 prices. The resources needed to ensure this minimum amount are deducted from the other Member States' envelopes, proportionally to their shares not limited by this minimum threshold;
Amendment 172 #
Proposal for a regulation
Annex I – paragraph 1 – point 5 – point a
Annex I – paragraph 1 – point 5 – point a
a) for the value of the fishery products caught in UK EEZ and in the waters of its territories with special status and of the decrease in the fishing activity in waters outside the United Kingdom affected by the cut in fishing opportunities provided for in the TCA the reference period shall be 2015-2018;
Amendment 174 #
Proposal for a regulation
Annex I – paragraph 1 – point 5 – point b
Annex I – paragraph 1 – point 5 – point b