167 Amendments of Damian BOESELAGER related to 2023/0200(COD)
Amendment 83 #
Proposal for a regulation
Recital 11
Recital 11
(11) Given the damage fromcaused by Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the countryUkraine will require significant support to maintain its functions, as well as short term relief, and assistance for fast recovery, reconstruction and modernisation of the country. Ukraine will require comprehensive support to re"build the economy, toback better" through a people- centred recovery that focuses on sustainable development and green transition, improves inclusiveness and cohesion, reduces inequality, and create the foundations ofor a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing well on its path offast towards accession to the European Union.
Amendment 89 #
Proposal for a regulation
Recital 12
Recital 12
(12) In this context, it is necessary to set up a medium-term single instrument that brings together the bilateral support provided by the Union to Ukraine, ensuring coordination and efficiency. To that end, it is necessary to establish a Ukraine Facility (‘the Facility’), providing a balance between flexibility and programmability of the Union’s response to address Ukraine’s financing gap, recovery, reconstruction and modernisation needs, while at the same time supporting Ukraine’s reforms effort as part its accession path to the Union. The establishment of the Facility does not alter Ukraine’s financial commitments under MFA+.
Amendment 92 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction (the ‘Ukraine Plan’), prepared by the Government of Ukraine, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, that follows a logic of commitments and payments and is clearly articulated with Union accession requirements.
Amendment 98 #
Proposal for a regulation
Recital 16
Recital 16
(16) Humanitarian aid, defence or support to Member States providing protection for Ukrainian refugees fleeing the war should be provided outside the Facilityhumanely, adequately, consistently and in timely manner provided outside the Facility and constructively coordinated with other donors. In addition, Ukraine may continue to benefit from relevant existing Union programmes.
Amendment 100 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Facility should contribute to closing the funding gap of Ukraine until 2027, by providing grants and highly concessional financial relief in a predictable, continuous, orderly and timely manner, based on the reconstruction plans of Ukraine. The assistance should support macro-financial stability in Ukraine, and ease Ukraine’s external financing constraints, by boosting Ukraine’s competitiveness and unlocking its great innovative potential in a social and sustainable manner. In the interest of ensuring Ukraine’s debt sustainability, preference should be given to grants.
Amendment 101 #
Proposal for a regulation
Recital 18
Recital 18
(18) Under the new Facility, investment in Ukraine’s sustainable recovery, reconstruction and modernisation should start as a matter of urgency to provide decent living conditions for the Ukrainian population and reconstruct critical infrastructure, to ensure generation of employment and revenues and progressively lower the volume of international assistance needed, while also ensuring the mitigation of pressing environmental damage and supporting Ukraine in the dual green and digital transition.
Amendment 103 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Facility should tie the recovery, reconstruction and modernisation closely to the Union perspectiveaccession requirements and process, by linking financial support to the fulfilment of reforms and investments in view of accession.
Amendment 104 #
Proposal for a regulation
Recital 20
Recital 20
(20) The medium-term perspective provided by the Ukraine Plan through a single instrument should also encouragemean building back better, while encouraging and leading Ukraine to channel investments and reforms towards the transition to a green, sustainable. digital and inclusive economy, and help mobilise like-minded donors for multiannual contributions to support Ukraine. To this end, in particular environmental civil society organisations on the ground will be proactively consulted. Investments should be fully aligned with the EU climate and environmental acquis, especially the Do-No-Significant-Harm- Principle and the Taxonomy Regulation, and should contribute to the implementation of the Ukrainian National Climate and Energy Plan.
Amendment 107 #
Proposal for a regulation
Recital 21
Recital 21
(21) The recovery, reconstruction and modernisation effort should build on Ukraine’s ownership, close cooperation and coordination with supporting countries and organisations, and Ukraine’s path towards accession to the Union. Regional and local administrations are also expected to play an important roles well as Ukrainian civil society organisations and experts are also expected to play an important role in this process by fully participating in its design and scrutiny. Peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and those in Ukraine should enrich and accelerate the recovery, reconstruction and modernisation process.
Amendment 110 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Union should also fosterensure the involvement in policy shaping, close consultation and association of local and regional authorities, which embrace a large variety of sub-national levels and branches of government, including regions, municipalities, rayons and hromadas and their associations, as well as theirclose consultation and participation of Ukrainian civil society organisations and experts and ensure their meaningful participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local and regional level. The Union should recognise and support the multiple roles played by the local authorities and civil society actors as promoters of a territorial and inclusive approach to local development, including decentralisation processes, participation and accountability, and further enhance its support for local authorities’ capacity buildingnd regional authorities’ and civil society organisations’ capacity building by including them actively in the governance of the Facility’s funds.
Amendment 116 #
Proposal for a regulation
Recital 25
Recital 25
(25) Given the uncertainties linked to the war, it is appropriate that the Facility should be able to provide support to Ukraine in duly justified exceptional circumstances, in particular in the event of a significant deterioration of the war, and in order to maintain its macro-financial stability and to ensure the achievement of the objectives of the Facility. Such exceptional financing should only be provided, through a Council implementing decision upon a proposal by the Commissiondelegated act, if it is concluded that it is impossible for Ukraine to fulfil the conditions attached to the forms of support under this Regulation, when it is the beneficiary of the support, and should cease as soon as the fulfilment of the conditions becomes possible again. Such financing should not affect funding from other specific Union instruments which should be mobilised in case of natural disasters or other humanitarian or civil protection emergencies.
Amendment 124 #
Proposal for a regulation
Recital 31
Recital 31
(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, buildingas well as nature and environmental reconstruction and restoration in a way that modernises and improves Ukraine’s economy and benefits the whole society, in particular through building back better with the highest energy efficiency standards with emphasis on decentralised renewable energy networks and by prioritizing the use of materials ethically sourced locally or in the EU. The Facility should build on Union rules and standards, byand investing in the transition of Ukraine towards a green, sustainable, digital and inclusive economy as well as ind in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way.
Amendment 135 #
Proposal for a regulation
Recital 33
Recital 33
(33) In this context, measures funded under the Facility should be guided by the principles of ‘do no harm’ and ‘leaving no one behind’. fully compliant with the ‘do no significant harm’ principle and be guided by the ‘leaving no one behind’ principle. The Facility and Ukraine Plan should be subject to strategic environmental impact assessment procedures in order to identify and properly mitigate potential negative environmental and social impacts. The right for public access to information for civil society organisations and individuals including the right to access environmental information should be ensured as well as the full compliance with the Aarhus Convention.
Amendment 136 #
Proposal for a regulation
Recital 34
Recital 34
(34) The implementation of this Regulation should be guided by the principles of equality, inclusivity, and non- discrimination, as elaborated in the Union of Equality strategies. It should promotensure women’s meaningful participation in decision making processes, promote and advance gender equality and mainstreaming, the empowerment of women and girls, and seek to protect and promote women’s and girls’their rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The Facility should support the recovery of Ukraine’s immensely traumatised society through well-funded, proactive and targeted mental health and trauma care as a necessity for a healthy post-war society, with a particular focus on children. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure relevant stakeholder involvement in decision making processes as well as accessibility in its investments and technical assistance.
Amendment 141 #
Proposal for a regulation
Recital 35
Recital 35
(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption, money laundering as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime, as well as strengthening transparency, good governance at all levels, including public access to information,good governance at all levels, and participation of civil society organisations and experts,safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible.
Amendment 146 #
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with the principles of participatory democracy and checks and balances, the Union should encourage the strengthening of parliamentary capacities, parliamentary oversight, democratic procedures and fair representation in Ukraine. as well as meaningful participation of regions and municipalities, as well as of civil society at all stages of the democratic process allowing for enhanced democratic scrutiny. The Ukraine Plan should demonstrate how meaningful participation of stakeholders was planned and conducted in a way that it had significant influence on the outcome of the process via consultations, with sufficient timeframes and transparency, and clear follow-up procedures to input given.
Amendment 149 #
Proposal for a regulation
Recital 38
Recital 38
(38) Actions under the Ukraine Facility should also support, where appropriate, confidence-building measures and processes that promote justice, truth- seeking, reparations and guarantees of non- recurrence as well as collection of evidence of crimes committed during the war. The Ukraine Facility should also respond to the healthcare needs, including the mental health needs, of Ukraine’s immensely traumatised society.
Amendment 152 #
Proposal for a regulation
Recital 39
Recital 39
(39) The support under the Facility should be made available under the precondition that Ukraine continues to respect parliamentary democracy, effective democratic mechanisms and institutions, including appropriate checks and balances, a multi-party parliamentary system, and the rule of lawgood governance at all levels, free and fair elections as appropriate in line with Ukraine’s constitution, and the rule of law with an independent judiciary and public prosecutor, and to guarantee respect for human rights, including the rights of persons belonging to minorities.
Amendment 156 #
Proposal for a regulation
Recital 40
Recital 40
(40) The support under the Ukraine Facility, including to Ukraine’s path toward accession, should be provided to meet general and specific objectives, milestones and targets, based on established criteria and timeframes and with clear conditionalities.
Amendment 160 #
Proposal for a regulation
Recital 42
Recital 42
(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and persons at-risk and improving living standards. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community-based care for all children. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.
Amendment 168 #
Proposal for a regulation
Recital 46
Recital 46
(46) As the recovery, reconstruction and modernisation needs are substantial, and cannot be covered by the Union budget alone, both public and private investments should play a role. The Facility should enable the mobilisation of both public and private investments and should allow for the possibility to scale up support for investments in long-term reconstruction when circumstances allow, also considering implementation and absorption capacity of Ukraine. The mobilisation of private investment via the Facility should ensure the long term competitiveness and innovative capacity of Ukraine.
Amendment 188 #
Proposal for a regulation
Recital 59
Recital 59
(59) The Commission in consultation with the European Parliament, and the Member States should ensure the compliance, coherence, consistency and complementarity of their assistance, in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle with all relevant stakeholders, including at local and regional level. In light of the presence of various international donors, the necessary steps should also be taken to ensure better coordination and complementarity with other donors, including through regular consultations or the development of a memorandum of understanding between donors. In this regard, the Multi- Agency Donor Coordination Platform should be used as an already established forum for such exchange.
Amendment 192 #
Proposal for a regulation
Recital 65
Recital 65
(65) Under pillar I of the Facility, financing should be provided to support the implementation of the Ukraine Plan setting out the reform and investment agenda of Ukraine towards the achievement of the general and specific objectives, milestones and targets of the Facility, which should also be integrated in an economic and fiscal policy framework. Financing under this pillar should be provided upon satisfactory fulfilment of the specific conditions set out in the Plan. A methodology for payment in case of partial fulfilment as well as for delays should be agreed as part of the Plan. The Plan should be accompanied by detailed operational and financial agreements.
Amendment 194 #
Proposal for a regulation
Recital 66
Recital 66
(66) Ukraine should prepare the Plan as a coherent, comprehensive and adequately balanced response to rebuilding and modernising Ukraine, supporting its economic, social and environmental recovery, sustainable development, and its progress towards accession to the Union, according to the objectives and requirements outlined under the Facility. As such, the Ukraine Plan would also provide a basis for other donors to identify the priority funding areas for the reconstruction of Ukraine and foster ownership, coherence and additional contributions to that end. For that purpose, Ukraine should ensure that the Plan as prepared covers its recovery, reconstruction and modernisation needs in an integrated manner, identifying to what extent the measures of the Plan are expected to be financed by the Union through the Facility. In preparing the Plan, Ukraine should take into account support provided under other Union programmes. Ukraine should develop its Plan ensuring that other donors are able to contribute to supporting the measures of the Plan, including by increasing the funding available under the Facility.
Amendment 196 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) In case of increases of funding of the Facility via Union Funds after the agreement of the Plan, Ukraine should add measures, including their corresponding milestones and targets as additions to the plan.
Amendment 197 #
Proposal for a regulation
Recital 68
Recital 68
(68) The Ukraine Plan should include reform and investment measures, along with the qualitative and quantitative steps that warrant satisfactory fulfilment of those measures, and an indicative timetable for the implementation of those measures via milestones and targets. Measures started from 1 January 2023 onwards should be eligible.
Amendment 198 #
Proposal for a regulation
Recital 69
Recital 69
(69) The Plan should set out conditions reflecting progress expected to be made in the implementation of the measures it contains. Those conditions should take the form of qualitative or quantitative steps. Those steps should be planned for no later than 31 December 2027, although the overall completion of the measures to which such steps refer may extend beyond 2027, while completion after 2027 should be financially feasible as can be foreseen at the point of agreeing of the Plan. Given the need to ensure the macro- financial stability of Ukraine while supporting its recovery, reconstruction and modernisation efforts in view of the accession to the Union, the Plan should, in particular, include conditions linked to (i) essential requirements, such as macro- financial stability, budget oversight, and public financial management, which may be defined so as to reflect satisfactory progress towards fulfilment; and (ii) sectoral and structural reforms and investments set out in the Plan. Payments should be structured accordingly around such categories of conditions, reflecting the objectives of the Facility.
Amendment 199 #
Proposal for a regulation
Recital 70
Recital 70
(70) The preparation and implementation by Ukraine of the Plan should take particular account of the situation in Ukraine’s regions and municipalities, having regard to their specific needs for recovery and reconstruction, reform, modernisation and decentralisation, and should be done in meaningful and non-discriminatory consultation with regional, local, urban and other public authorities and civil society organisations and experts, in accordance with the multi-level governance principle and taking into account a bottom-up approach. In this context, the Plan should in particular enhance the economic, social, environmental and territorial development of Ukraine’s regions and municipalities, support the decentralisation reform across Ukraine and convergence towards the Union’s standards; it should also ensure the involvement of sub-national authorities, in particular municipalities, and subnational civil society organisations, in decision- making on the use of support in the reconstruction process at local level, and that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support. A chapter of the plan should outline how the relevant stakeholders have been consulted without bias and sufficient time, where their inputs have been reflected in the Plan and where they have been disregarded, and an annex shall detail their inputs.
Amendment 203 #
Proposal for a regulation
Recital 71
Recital 71
(71) The Plan should also include an explanation of Ukraine’s system and measures to effectively prevent, detect and correct irregularities, corruption, fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should, where appropriate, contribute to ensuringe an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which cshould be set, as appropriate depending on each measure, over the course of the lifetime of the Facility.
Amendment 204 #
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should publish the Ukraine Plan when received. The Commission should assess the Ukraine Plan based on the list of criteria set out in this Regulation, after consulting the European Parliament on the submitted plan. In view of the importance of the financial effects of the support to Ukraine Plan, implementing powers should be conferred on the Councilthe Commission should be empowered to adopt a delegated act. In case of a positive assessment of the Plan, the Commission should submit a proposal for the approval of the Plan by the Council, after consulting the European Parliament.
Amendment 205 #
Proposal for a regulation
Recital 73
Recital 73
(73) Given the uncertainties and the need for flexibility in the implementation of the Facility, it should be possible for Ukraine to make a reasoned request to the Commission to make a proposal to amend the Council implementing decisiondelegated act, where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances. The Commission may, in agreement with Ukraine, also make a proposal to amend the Council implementing decisiondelegated act, in particular to take into account a change of the amounts available, which in cases of increases of the amounts should also result in respective new measures with corresponding milestones and targets. Ukraine should also be able to make a reasoned request to amend the Plan, including by proposing addenda where relevant, to take into account additional funding available from other donors or from other sources, such as revenue generated on frozen and immobilised Russian assets.
Amendment 208 #
Proposal for a regulation
Recital 78
Recital 78
(78) It is important to guarantee both flexibility and programmability as well as stability in providing Union support to Ukraine. For that purpose, payments under the Facility should occur according to a fixed quarterly schedule, subject to availability of funding, based on a payment request submitted by Ukraine and following verification by the Commission of the satisfactory fulfilment of the relevant conditions, including all relevant milestones and targets. In case a condition is not fulfilled in accordance with the indicative timeline set in the decision approving the Plan, the Commission should deduct from the payment an amount corresponding to those conditions following a pre-set methodology for partial fulfillment. The disbursement of the corresponding withheld funds could take place during the next payment window and up to twelve months after the original deadline set out in the indicative timeline, provided the conditions have been fulfilled.
Amendment 212 #
Proposal for a regulation
Recital 81
Recital 81
(81) Transparency in all phases of the implementation of the Facility is an important requirement ofongoing prerequisite to Union support. Ukraine should publish twice a yearup to date data on persons and entit, entities and final beneficiaries receiving amounts of funding exceeding the equivalent of EUR 500 000 for the implementation of reforms and investments specified in the Ukraine Plan. The information should not be published where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipientsdisclosure of legal entities beneficial owner should be a mandatory precondition for the reception of funding. In addition, a list of the 2000 largest final beneficiaries shall be kept up to date and published by Ukraine. The information may not be published, if duly justified, where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients. In these cases, the information should be communicated to the European Commission and Audit Board, which in cases of misuse of these exceptional conditions can decide to withhold funds for an amount corresponding to three times the amount of the funds concerned by the failure to disclose. The framework agreement should include precise rules and a timeframe on the collection of data by Ukraine and the access for the Commission and OLAF, including as regards the format of the information and access to information rights for the European and Ukrainian public, as well as the Ukrainian and the European Parliament.
Amendment 218 #
Proposal for a regulation
Recital 84
Recital 84
(84) The flexibility of the support under the Facility should be enhanced by providing for flexible implementation of the Ukraine Guarantee, which might be granted gradually and regionally. It is appropriate to derogate from Article 211(2), second sentence, of the second subparagraph of Regulation (EU, Euratom) 2018/1046 to allow the constitution of provisioning until 31 December 2027 to be equal to the amount of provisioning corresponding to the guarantee granted instead of the amount of global provisioning. As part of the derogation, it should also be possible to constitute the provisioning gradually to reflect the progress in selection and implementation of the financing and investment operations supporting the objectives of the Facility, instead of reflecting the financial statement referred to in Article 211(2), second sentence, of the second subparagraph of Regulation (EU, Euratom) 2018/1046.
Amendment 219 #
Proposal for a regulation
Recital 85
Recital 85
(85) In order to efficiently use the funds under this pillar, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the provisioning rate for the Ukraine guarantee. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, as well as with the relevant committees of the European Parliament. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Support under the Facility should also enhance twinning and partnership development initiatives with European peers aiming at enhancing expertise and capacity in Ukraine.
Amendment 220 #
Proposal for a regulation
Recital 86
Recital 86
(86) Under pillar III of the Facility, support should mainly aim at progressively aligning to Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to the implementation of the Ukraine Plan. Relevant recommendations of international bodies, such as the Council of Europe and the Venice Commission should also be taken into account in this process. Support should also aim at strengthening stakeholders, including democratic institutions, courts, social partners, civil society organisations and local authorities’ capacities as well as the capacity building of civil society actors including in their public scrutiny role.
Amendment 223 #
Proposal for a regulation
Recital 87
Recital 87
(87) In accordance with Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council and Council Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, fraud, corruption, conflict of interest, double funding, to the recovery of funds lost, wrongly paid or incorrectly used. The Commission services should be provided with sufficient administrative capacities and personnel to ensure these objectives.
Amendment 225 #
Proposal for a regulation
Recital 88
Recital 88
(88) In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) should be in a position to carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. OLAF should be provided with sufficient administrative capacities and personnel to conduct these investigations, on-the-spot checks and inspections.
Amendment 228 #
Proposal for a regulation
Recital 89
Recital 89
(89) In accordance with Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission, the European Parliament, OLAF, the European Court of Auditors and, where applicable the European Public Prosecutor’s Office (EPPO) where relevant, including from third parties involved in the implementation of Union funds. Ukraine should also use the Early Detection and Exclusion System and report irregularities in relation to the use of the funds to the Commission.
Amendment 231 #
Proposal for a regulation
Recital 90
Recital 90
(90) The reinforcement of internal control systems, the fight against corruptionincluding ex-ante controls, the fight against any forms of corruption, nepotism, favouritism or fraud, the promotion of transparency, good administration, and efficient public financial management, and verification by an independent external auditor, are important reform priorities for Ukraine and should be supported by the Facility.
Amendment 234 #
Proposal for a regulation
Recital 90 a (new)
Recital 90 a (new)
(90a) As a measure of public accountability, the Government of Ukraine, including the relevant Ministers and the President, should inform the Verkhovna Rada of Ukraine regularly on the implementation of the Ukraine Plan through oral reports. Provision of all relevant information in time to the Ukrainian Rada, allowing for an interactive interinstitutional dialogue at least every 3 months with relevant cabinet members is key to enable transparency both for elected officials as well as the Ukrainian press and public. Reporting enabling oversight should also be provided as part of the yearly approval of the Ukrainian budget, even where the EU Facility’s contributions are not part of that budget. Members of the relevant committees of the Ukrainian Rada should also be involved as observers in donor forums and reconstruction meetings with international partners and should be consulted before such meetings.
Amendment 235 #
Proposal for a regulation
Recital 91
Recital 91
(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds and guarantee that the correct level of assurance is obtained through an independent external audit. Such information should be made available to OLAF and where appropriate to the relevant Ukrainian authorities. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds along the whole project life cycle. The Commission should be provided with sufficient funding and human resources to perform the audit and checks. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 243 #
Proposal for a regulation
Recital 92
Recital 92
(92) While it is primarily the responsibility of Ukraine to ensure that the Facility is implemented in compliance with applicable standards, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the Commission and the European Parliament should be able to receive sufficient assurance from Ukraine in that regard. To that end, Ukraine should commit in the Plan to improve its current management and control system and to recovering amounts misused. Ukraine should establish a monitoring system feeding into an annual progress report. Ukraine should collect data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, in relation to the measures supported by the Facility. The framework agreement and the financing and loan agreements should provide for the obligations of Ukraine to ensure the collection of, and access to, adequate data on persons and entities receiving funding for the implementation of measures of the Ukraine Plan. These agreements should be made available to the European and Ukrainian Parliaments.
Amendment 244 #
Proposal for a regulation
Recital 93
Recital 93
(93) The Union financial interests should also be protected when the funds are implemented in direct management through grants and procurement and indirect management with pillar assessed entities, in particular under the second and third pillar of the Facility. Regular reporting should be a key of these measures as well.
Amendment 245 #
Proposal for a regulation
Recital 94
Recital 94
(94) Work programmes should be adopted to implement the assistance under the Facility and submitted to the European Parliament.
Amendment 248 #
Proposal for a regulation
Recital 95
Recital 95
(95) The communication capacities of Ukraine should be enhanced in order to ensure existence of strong and free pluralistic media and public support for andto promote understanding of Union values and the benefits and obligations of potential Union membership, while addressing disinformation. Visibility of the Union funding should also be ensured.
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) Pillar I: financial support to be provided to Ukraine for the delivery of reforms and(the ‘Reform Component), investments to implement the Ukraine Plan (the ‘Reconstruction Component’), as well as to maintain macro- financial stability of the country (the ‘Stability Component’), as set out in Chapter III ;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘Measures’ means reforms aund investments underer the Reform Component, investments under the Reconstruction Component, and budget support for macro-financial stability under the Stability Component as set out in the Ukraine Plan set outreferred to in Chapter III.
Amendment 254 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘Conditions’ means qualitative or quantitative steps relating to ensuring the maintenance of economic and financial stability or relating to the effective implementation of the reforms and investmentmeasures set out in the Ukraine Plan set out in Chapter III.
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
4a. ‘Resilience’ means the ability to face economic, social and environmental shocks or persistent structural changes in a fair, sustainable, and inclusive way.
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 b (new)
Article 2 – paragraph 1 – point 4 b (new)
4b. ‘Do no significant harm’ means not supporting or carrying out economic activities that do significant harm to any environmental objective, where relevant, within the meaning of Article 17 of Regulation (EU) 2020/852.
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) address the social, economic and environmental consequences of the war, thereby contributing to the recovery, reconstruction, restoration, and modernisation of the country;
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) provide temporary payment support, including for recurring expenses, as part of macro-economic assistance to ensure fiscal stability and the continued functioning of the Ukrainian State;
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) foster democratic, social, economic and environmental resilience, territorial cohesion, and progressive integration into the Union and global economy and markets;
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) catalyse the green transition and the development of a carbon-neutral and competitive economy, including by building on Ukraine’s access to key natural resources in the green transition;
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 1 – point b b (new)
Article 3 – paragraph 1 – point b b (new)
(bb) substantially improve access to capital, including through advancing the institutional banking and insurance framework, to strengthen entrepreneurial activity and advanced research and development;
Amendment 268 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and, border crossing points, educational and cultural infrastructure and foster modern, improved and resilient infrastructures, which support Ukraine's green transition and the decarbonisation process; restore food production capacities; help address social and health challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, disabled people, minorities and other vulnerable persons; contribute to the demining effwar widows/widowers, children, especially those without parental care, disabled people, people with long term (mental) health conditions inflicted by the war, minorities, elderly people, and other persons at-risk; improve the level of accessibility of care, and Ukraine’s transition from institutional care to community-based support;
Amendment 280 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) foster the transition to a sustainable, climate neutral and inclusive economy and a stable and innovation-friendly investment environment; support the integration of Ukraine into the European Union’s Single Market; repair, rebuild and improve social infrastructure, such as housing, social and healthcare facilities, schoolswith a specific emphasis on trauma care, schools equipped with wartime facilities such as bomb shelters, and higher education institutions, and research infrastructure; strengthen economic and social development and inclusion, with particular attention to women and girls, and youth, including through quality education, training, reskilling and upskilling, and employment policies, including for researchers; support culture and cultural heritage; strengthen strategic economic sectors and supp, foster an institutional framework fort investment and private sector development, with a focus on small and medium-sized enterprises (SMEs) and innovation, as well as oncompetition to enable private citizens, micro- businesses, start-ups, and small and medium-sized business to develop modern and competitive products and services, increasing Ukraine’s capacity to sustainably process its natural resources and market value-add products,, as well as support for sustainable agriculture and rural development, aquaculture and fisheries; restructure Ukraine’s financial markets, including banking sector and capital markets, improving the access to loans and insurance coverage; increase domestic revenue mobilisation; strengthen Ukraine’s ability to trade;
Amendment 284 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through strengthening democratic institutions, in particular the Verkhovna Rada, as well as regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax avoidance, tax evasion and tax fraud; open up oligopolistic markets, counter anti- competitive behaviour, nepotism, favouritism, and artificial barriers to market entry; strengthen compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities, including LGBTI people, and the promotion of gender equality; reinforce the effectiveness of public administration, gender mainstreaming and the overall empowerment of women and girls; reinforce the effectiveness of public administration, ensure access to information, ensure the participation of civil society in decision making processes and public scrutiny, and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 297 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) develop and strengthen a sustainable green transition in all economic sectors, including the transition towards the decarbonisation of its economy; promote the digital transformation as an enabler for sustainable development and inclusive growthnet zero goal by 2050, in accordance with the Paris Agreement and the Green Deal; support climate change mitigation and adaptation; strengthen Ukraine’s natural habitat by supporting the creation of protected areas in line with the principles of the EU’ Natura 2000 network; improve the awareness of and fight against environmental crime through the full implementation of the Kyiv Protocol on Pollutant Release and Transfer Registers and ensuring compliance with nature protection law; promote the digital transformation as an enabler for sustainable development and inclusive growth; ensure ecological restoration following the environmental damages inflicted by the war and contribute to decontamination, the demining effort and clearance of other explosive remnants of war as well as oil or chemical pollution caused by military activity; contribute to the efforts to document, map and measure the damage and related consequences;
Amendment 298 #
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and a level playing field for all levels of government when accessing funds via open, fair, neutral, and transparent procedures.
Amendment 301 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Cooperation under the Facility shall be based on and shall promote the development effectiveness principles, where applicable, across all modalities, namely ownership of development priorities by Ukraine, a focus on results, inclusive development partnerships, transparency and mutual accountability. The cooperation shall be based on needs- based, effective and efficient resources allocation and use. All parties shall take utmost care to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use.
Amendment 303 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments. Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost and that appropriate oversight and budget control is established.
Amendment 305 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In order to promote the complementarity and efficiency of their action and initiative, the Commission and the Member States shall cooperate and shall strive to avoid duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities, such as international organisations and the relevant International Financial Institutions, agencies and non-Union donors, in line with the established principles for strengthening operational coordination in the field of external assistance, including through enhanced coordination with Member States at local level and through the harmonisation of policies and procedures, in particular the international principles on development effectiveness. The Commission shall facilitate the establishment and coordination of decentralised implementation frameworks and know- how for resource allocation and use, with a particular emphasis on supporting SMEs and civil society actors.
Amendment 307 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Activities under the Facility must comply with the climate and environmental standards of the EU and all spending must be subject to Environmental Impact Assessment procedures. Activities under the Facility shall mainstream climate change mitigation and adaptation, environmental protection and conservation of ecosystems, human rights, democracy, gender equality and, where relevant, disaster risk reduction and sustainable water management, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co- benefits and meet multiple objectives in a coherent way. They should avoid stranded assets, and shall be guided bycompatible with the principles of ‘do no harm’ and of ‘lsignificant harm’, within the meavning no one behind’of Article 17 of Regulation (EU) 2020/852, as well as bywith the sustainability mainstreaming approach underpinning the European Green Deal, and shall be guided by the ‘leaving no one behind principle.
Amendment 310 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Facility shall not support activities or measures which do not comply with the ‘do no significant harm’ principle or which are incompatible with Ukraine’s National Energy and Climate Plan, if available, with Ukraine’s Nationally Determined Contribution under the Paris Agreement, or that promote investments in fossil fuels, or that cause significant adverse effects on the environment or, the climate, unless such activities or measures are strictly necessary to achieve the objectives of the Facil or biodiversity, taking into account the need to rebuild and modernise infrastructure and restore nature damaged by the war in a resilient way, and they are accompanied, where relevant, by appropriate measures to avoid, prevent or reduce and, if possible, offset these effects.
Amendment 312 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. In line with the principle of inclusive partnership, where appropriateEU Partnership Principle and the EU Code of Conduct, the Commission shall strive to ensurguarantee that relevant stakeholders, including the Verkhovna Rada, local and regional authorities, social partners and civil society organisations, are duly and fairly consulted and have timely access to relevant information to allow them to play a meaningful role durly participate in shaping the design and, implementation of activities eligible for funding under this Facility, and in the related monitoring processes, scrutiny and evaluation processes. Such involvement shall seek to represent the pluralism of the Ukrainian society and business community. The Commission shall in particular promote the involvement of the Verkhovna Rada, as well as regional, or local, urban and other representative bodies and public authorities, in accordance with the multi- level governance principle and taking into account a bottom-up approach. The Commission shall encourage coordination among the relevant stakeholders. sure that the Verkhovna Rada is meaningfully consulted on the entirety of the Plan before the submission to the European Commission and is able to fully fulfil sufficient inquiry and monitoring duties during and after the duration of the Facility. The Commission shall continuously assess the degree to which the involvement of stakeholders is fair and representative of the pluralism of interests in Ukrainian society and business communities, in particular by assessing whether actors of different sizes and with differing or opposing interests have been appropriately consulted. The Commission shall encourage coordination among the relevant stakeholders. The Commission shall ensure that civil society in Ukraine is able to directly report any irregularities they may detect to the Commission via appropriate standing channels and platforms.
Amendment 314 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission, in cooperation with the Member States and Ukraine, shall contribute toensure the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the full implementation of the Aarhus Convention and the implementation and reinforcement of internal control systems and anti-fraud policies, and by. The Commission shall makinge information on the volume and allocation of assistance publicly available through web-based databasa single webportal mentioning the names or legal identity of the 2 000 largest final beneficiaries, and shall ensure that data is comparable and can be easily accessed, shared and published. final beneficiaries that received cumulative amounts higher than EUR 50 000 as well as the total amounts received and shall ensure that data are up-to-date, easily accessible, available in machine readable format and comparable.
Amendment 317 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and at all levels of government, appropriate checks and balances, including transparent and institutional budget allocation and monitoring processes and the rule of law, free and fair elections as appropriate in line with Ukraine’s constitution, to guarantee respect for human rights, including the rights of persons belonging to minorities.
Amendment 326 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the precondition set out in paragraph 1 before disbursements to Ukraine under the Facility are made and throughout the period of the support provided under the Facility taking duly into account the Commission’s regular enlargement report. The Commission may adopt a decision concluding that this precondition is not met, and in particular, suspend the payments referred to in Article 25, irrespective of the fulfilment of conditions referred to in Article 15(2). In its assessment, the Commission shall also take into account the context in Ukraine, and the consequences of the application there of martial law. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and the Council.
Amendment 328 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) 678 % in the form of non-repayable financial support pursuant to Chapter III of this Regulation;
Amendment 329 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) 16 24% for expenditure pursuant to Chapter IV;
Amendment 330 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) 58 % for expenditure pursuant to Chapter V;
Amendment 337 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The resources referred to in point paragraphs 1(d) and 4 may be used for technical and administrative assistance for the implementation of the Facility, such as preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular studies, meetings of experts, consultations with the Ukrainian authorities, conferences, consultation of stakeholder of stakeholders, including local and regional authorities and civil society organisations, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are strictly related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management and costs of the Facility at headquarters and in Union delegations. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.
Amendment 340 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States, third countries, international organisations, international financial institutions or other sources may provide additional financial contributions to the Facilityone or more of the Pillars of the Facility referred to in Article 6 (1), points (a), (b) and (c), without being bound by the indicative allocation referred to in that Article. Such contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a)(ii), (d), and (e) of Regulation (EU, Euratom) 2018/1046.
Amendment 344 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Financial instruments, budgetary guarantees and blending operations combining support from financial instruments or budgetary guarantees under the Facility shall be implemented in accordance with the principles laid down in Title X, and in particular Articles 208 and 209(1), (2) and (4), of Regulation (EU, Euratom) 2018/1046. Depending on the required operational and financial capacity, the counterpart of the budgetary guarantee, or the entrusted entity implementing financial instruments, may be the European Investment Bank or the European Investment Fund, a multilateral European finance institution, such as the European Bank for Reconstruction and Development, or a bilateral European finance institution, such as development banks, which may involve national and local private and state- controlled financial institutions in Ukraine in the implementation of the instruments. Whenever possible, the implementation of financial instruments, budgetary guarantees and blending operations under the Facility shall be complemented by additional forms of financial support, from either Member States or third parties.
Amendment 348 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest. The framework agreement shall be complemented by financing agreements in accordance with Article 10 and loan agreements in accordance with Article 21, setting out specific provisions for the management and implementation of funding under the Facility. That framework agreement, including any related documentation, shall be transmitted to the European Parliament and the Council simultaneously and without delay and shall be made public.
Amendment 351 #
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) the commitment of Ukraine to progress towards more efficient and effective control systems,strictly prioritise the establishment of efficient and effective control systems which are able to effectively prevent, detect, investigate and correct irregularities, fraud, corruption and conflict of interests as well as to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use and to strengthen the fight against money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion;
Amendment 355 #
Proposal for a regulation
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(ba) the establishment of a monitoring committee, as referred to in Article 18a, to coordinate the involvement of civil society and experts in the evaluation and monitoring of the allocation and use of resources, in line with the European Code of Conduct on Partnerships;
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 4 – point f a (new)
Article 9 – paragraph 4 – point f a (new)
(fa) the commitment of Ukraine to respecting the ‘do no significant harm’ principle, in line with Regulation 2020/852, for all expenditure under this Regulation;
Amendment 359 #
Proposal for a regulation
Article 9 – paragraph 4 – point g
Article 9 – paragraph 4 – point g
(g) the right of the Commission to monitor activities under the Facility carried out by the Ukrainian authorities, along the whole project cycle, including inter alia projects selection and award procedures including for public procurement, to take part in these as observer, as appropriate, and to make recommendations for the improvement of such activities and commitment from the Ukrainian authorities to do their best efforts to implement such recommendations of the Commission and to report on this implementation;
Amendment 361 #
(i) the obligation for Ukraine to transmit electronically, in a machine readable form and on a single web portal, to the Commission the data referred to in Article 26;
Amendment 362 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Financing agreements shall be concluded for Chapters III and V and set out measureable qualitative and quantitative steps linked to the disbursement of funds under this Regulation. They shall set out the responsibilities and obligations of Ukraine in the implementation of Union funds, including the obligations set out in Article 129 of Regulation (EU, Euratom) 2018/1046. They shall also set out the conditions for payment of the non- repayable financial support, including in relation to Article 5(1), the implementation of the Framework agreement mentioned in Article 9, including the internal control systems as referred to in Article 9(4), points (a) and (c). The financing agreements shall also set out the Union’s rights and obligations. They shall be transmitted to the European Parliament and the Council simultaneously.
Amendment 363 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The financing agreements shall include rules on reporting to the Commission on how activities are carried out, and on whether the conditions mentioned in Article 15(2) are fulfilled, including by allowing the examination of the fulfilment of milestones and targets connected to reforms and investments.
Amendment 366 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall informsubmit to the European Parliament and the Council ofinformation on commitment appropriations carried over, including the amounts involved, in accordance with Article 12(6) of Regulation (EU, Euratom) 2018/1046.
Amendment 367 #
2. For the purpose of paragraph 1, where the Commission finds that it is impossible for Ukraine to fulfil the conditions attached to the forms of support under this Regulation due to such duly justified exceptional circumstances, it may submit to the Council a proposal for an implementing decision providing exceptional financing to Ukraine under the Facilitthe Commission is empowered to adapt a delegated Act in accordance with Article 38 to supplement this Regulation with provisions setting out exceptional financing to Ukraine under the Facility. The Commission’s assessment shall be transmitted to the European Parliament and Council, simultaneously.
Amendment 368 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Ukraine Plan shall set out the reform and investment agenda of Ukraine, integrated in an economic and fiscal policy framework, towards the achievement of the general and specific objectives mentioned in Article 3. The Plan shall comprise measures for the implementation of reforms and public investment through a comprehensive and coherent package, which may also include public schemes that aim to incentivise private investments. a comprehensive and coherent package, comprised of three components: a) measures for the implementation of reforms (the “Reform Component”); b) budget support for macro-financial stability (the “Stability Component”), and; c) measures for public investment, including public schemes that aim to incentivise private investments (the “Reconstruction Component”). The Plan shall address each of those components and the related measures separately and, where possible, provide indicative budgeted costs over the course of the Facility for each category. For investments under the Reconstruction Component, measurable and achievable milestones and targets shall be defined and reviewed by the Commission.
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Facility shall provide financing under this Chapter upon satisfactory fulfilment of conditions stemming from the Plan, taking the form of measurable qualitative or quantitative steps, agreed in the Financing agreement. Such conditions shall reflect the different objectives of the Facility, as defined in Article 3, and general principles, reflected in Article 4 and shall include conditions related to essential requirements, such as the maintenance of economic and financial stability, budget oversight and public financial management, and conditions related to the implementation of the reforms and investments set out in the Plan., including the adherence to the ‘do no significant harm’ principle and a commitment by Ukraine to take utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 372 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The conditions mentioned in paragraph 2 shall reflectthis Article shall apply to the amounts referred to in Article 6(1)(a) and (2) and relevant contributions under paragraph 4 of that Article.
Amendment 373 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. The Ukraine Plan shall be consistent wicontribute to a significant subset of the reform priorities identified in the context of Ukraine’s accession path, as outlined in the Commission Opinion and the Analytical Report, and the Association Agreement including a Deep and Comprehensive Free Trade Agreement. It shall also and shall in all parts be consistent with these priorities. It shall also contribute to and be consistent with Ukraine’s Nationally Determined Contribution under the Paris Agreement and, if available, the National Energy and Climate Plan, while ensuring it does not do significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’).
Amendment 375 #
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) measures under the components established under Article 15(1), constituting a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union as well as measurethe application of the conditions referred to in aArticle 15(2), so that the Plan as a whole raises the growth rate of the Ukrainian economy;
Amendment 377 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) an explanation of how the Plan isand its measures are consistent with the general principles, referred to in Article 4, as well as requirements, plans and programmes referred to in Article 15(5);
Amendment 379 #
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
Article 16 – paragraph 2 – point b a (new)
(ba) an explanation of how Ukraine has taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use;
Amendment 382 #
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) for measures under the rReforms and investm Components , an indicative timetable, and the envisaged qualitative and quantitative steps to be implemented by 31 December 2027;
Amendment 383 #
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
(ca) for measures under the Reconstruction Component, measurable and achievable milestones and targets, an indicative ex-ante costing, as well as an explanation on how these measures are consistent with the requirements of Article 15, in particular paragraphs (3) and (6) thereof;
Amendment 384 #
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) the arrangements for the effective monitoring, reporting and evaluation of the Ukraine Plan by Ukraine, including the proposed qualitative and quantitative steps, and the related indicators, as well as the proposed comprehensive and timely involvement of the Verkhovna Rada and the Monitoring Committee, referred to in Article [18a] ;
Amendment 386 #
Proposal for a regulation
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
(e) an explanation of how the Plan corresponds to the recovery, restoration, reconstruction and modernisation needs stemming from the warRussia’s war of aggression in Ukraine’s regions and municipalities, and thereby enhances their inclusive economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; this explanation shall take into account the powers, tasks and responsibilities assigned to different levels of government; an explanation of the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities, as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities; the methodology used to track related expenditure; and an explanation of how the Plan ensures that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support;
Amendment 390 #
Proposal for a regulation
Article 16 – paragraph 2 – point f
Article 16 – paragraph 2 – point f
(f) for the preparation and, where available, for the implementation of the Ukraine Plan, a summary of the consultation process, conducted in accordance with the national legal framework, of relevant stakeholders, including local and regionalthe Verkhovna Rada, local and regional representative bodies and authorities, social partners and civil society organisations, and how the input of these stakeholders is reflected in the Ukraine Plan;
Amendment 391 #
Proposal for a regulation
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
(g) an explanation of the extent to which the measures under the Plan are expected to contribute to climate, biodiversity, and environmental objectives of Ukraine and the EU acquis; an explanation on how the plan ensures that no measure for the implementation of reforms and investments included in that plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’);
Amendment 393 #
(ga) an explanation of the extent to which the measures under the Plan are expected to contribute to social objectives, equality and inclusion of at-risk groups, such as persons with disabilities and older people and ensure the best interest of children;
Amendment 395 #
Proposal for a regulation
Article 16 – paragraph 2 – point g b (new)
Article 16 – paragraph 2 – point g b (new)
(gb) an explanation of the extent to which the measures under the Plan are expected to contribute to gender mainstreaming objectives and mitigate the gendered effects of the war;
Amendment 396 #
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an explanation of Ukraine’s system and commitments to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors and how Ukraine shall ensure an adequate level of protection of the EU financial interests by applying at least the same standards as provided for in the Financial Regulation and other related EU legislation;
Amendment 404 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Ukraine Plan shall be prepared by the Ukraineian government and approved by the Verkhovna Rada, which shall be given due time to assess the draft bill. Ukraine shall strive to submit the Plan to the Commission by twohree months after entry into force of this Regulation. Ukraine may submit a draft Plan to the Commission after it has published the draft Plan for public consultation for at least one week.
Amendment 406 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. When preparing the Plan in accordance with Article 16, Ukraine shall take particular account of relevant resolutions of the Ukrainian Parliament and the situation in Ukraine’s regional, local and urban areas, having regard to their specific needs for recovery and reconstruction, reform, modernisation and decentralisation.
Amendment 407 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The preparation and implementation of the Ukraine Plan shall be done in full consultation with the Verkhovna Rada, regional, local, urban and other public authorities, in accordance with the multi-level governance principle and taking into account a bottom-up approach. In line with the EU Partnership Principle and the European Code of Conduct, Ukraine and the Commission shall ensure that civil society organisations are duly consulted and involved in the process and have timely access to relevant information to allow them to play a meaningful role in the design of the Ukraine Plan.
Amendment 410 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article17a Involvement of the Verkhovna Rada and obligation of the Monitoring Committee in the implementation and evaluation of the Ukraine Plan 1. Following the submission of the Ukraine Plan, the Ukrainian government, shall regularly provide the Verkhovna Rada and the public with summaries of all relevant information regarding the implementation of the plan, in a comprehensive and timely manner including through quarterly in person reports by the Government representatives at the Verkhovna Rada plenary meetings, as well as in the form of a regular, publicly accessible inter-institutional dialogue, which shall include independent experts and civil society representatives. Updates shall be given in this forum in particular in the context of amendments to the Ukraine Plan, as referred to in Article 20. 2. In line with the EU Partnership Principle and the European Code of Conduct, the Ukrainian Government shall establish a Monitoring Committee involving a diverse range of stakeholders, including non-governmental organisations, as well as a specific framework agreement for cooperation with non-governmental organisations. 3. The Monitoring Committee shall be updated regularly on the state of implementation of the Ukraine Plan and the evaluation of its measures. It shall be provided comprehensive, timely and relevant information for this purpose and be given appropriate time to process such information. Opinions of the Monitoring Committee shall be forwarded to the European Commission, which should make them available to the European Parliament and the European Council without delay. 4. Upon a well reasoned request by the Monitoring Committee, the Ukrainian Government or, where relevant, the Commission shall request audits or external evaluations of one or more measures in the Ukraine Plan, funded by funds available under Article 6(1d).
Amendment 411 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall assess the relevance, comprehensiveness and appropriateness of the Ukraine Plan or, where applicable, the amendment to that Plan referred to in Article 20, without undue delay, and makwhere a pproposal for a Council implementing decisionriate may adopt a delegated act in accordance with Article 19(1). When carrying out that assessment, the Commission shall act in close cooperation with Ukraine, and may make observations or seek additional information. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and the Council, prior to the adoption of the delegated act. The final assessment shall be published without delay. The Commission shall regularly inform the European Parliament and the Council, on equal terms, on the progress of negotiations with Ukraine on the Ukraine Plan, Framework Agreement and Financing Agreement, and any updates thereof.
Amendment 412 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. When assessing the Ukraine Plan, and in the determination of the amount to be allocated to Ukraine, the Commission shall take into account relevant available analytical information on Ukraine, the justification and the elements provided by Ukraine as referred to in Article 16(2), as well as any other relevant information such as, in particular, the information listed in Article 15(5).
Amendment 414 #
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) whether the Plan outlines measures under the components established under Article 15(1) and represents a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union, so that the Plan as a whole raises the growth rate of the Ukrainian economyas well as the application of the conditions measures referred to in Article 15(2);
Amendment 418 #
Proposal for a regulation
Article 18 – paragraph 3 – point a a (new)
Article 18 – paragraph 3 – point a a (new)
(aa) whether the plan and its measures are is consistent with the general principles, referred to in Article 4, including adherence to the ‘do no harm principle’ as well as requirements, plans and programmes referred to in Article 15;
Amendment 419 #
Proposal for a regulation
Article 18 – paragraph 3 – point a b (new)
Article 18 – paragraph 3 – point a b (new)
(ab) whether Ukraine has taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use;
Amendment 420 #
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) whether the Plan corresponds to the recovery, restoration, reconstruction and modernisation needs stemming from the warRussia’s war of aggression in Ukraine’s regions and municipalities, and thereby enhances their economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; whether the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities and civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities are appropriate; whether the methodology used to track related expenditure for the reconstruction projects selected and implemented by such sub- national authorities is appropriate and whether such projects constitute an adequately substantial share of the support;
Amendment 423 #
Proposal for a regulation
Article 18 – paragraph 3 – point b a (new)
Article 18 – paragraph 3 – point b a (new)
(ba) whether at least 50% of planned investments falling under the Reconstruction Component in Pillar I, referred to in Article 15(1), contribute to the green transition or to addressing the challenges resulting therefrom;
Amendment 426 #
Proposal for a regulation
Article 18 – paragraph 3 – point c
Article 18 – paragraph 3 – point c
(c) whether the arrangements proposed by Ukraine are expected to ensure an effective monitoring, reporting and implementation of the Ukraine Plan and any updates thereof, in particular comprehensive and timely involvement of the Verkhovna Rada and the Monitoring Committee, referred to in Article 17a, including the envisaged timetable, qualitative and quantitative steps, and the related indicators and ensure that the financial interests of the Union are protected;
Amendment 430 #
Proposal for a regulation
Article 18 – paragraph 3 – point d a (new)
Article 18 – paragraph 3 – point d a (new)
(da) whether the Ukraine Plan effectively reflects the inputs of the stakeholder consultation process, conducted in accordance with the national legal framework, of relevant stakeholders, including the Verkhovna Rada, local and regional representative bodies and authorities, social partners and civil society organisations;.
Amendment 431 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Amendment 432 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In case of a positive assessment, on a proposal from the Commission, the Council shall approve by means of an implementing decision the assessment by the Commission of the Ukraine Plan submitted by Ukraine in accordance with Article 17(1) or, where applicable, of its amendment submitted in accordance with Article 20(1) or (2), the Commission is empowered to adopt a delegated act in accordance with Article 38 to supplement this Regulation with provisions setting out the matters referred to in paragraphs 2 and 3 of this Article.
Amendment 434 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission proposal for a Council implementing decisiondelegated act shall set out, for the part to be funded by the Facility, measures under the rReforms and investm Component, Stability Component and Reconstruction Components, to be implemented by Ukraine, including the conditions stemming from the Plan as described in Article 15(2), including, as well as the indicative timetable, andthe milestones and targets required for the disbursal of the amounts referred to in Article 6(1) point (a) and (2) and relevant contributions under paragraph 4 of that Article.
Amendment 436 #
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. The Commission proposaldelegated act referred to in paragraph 2 shall also lay down:
Amendment 438 #
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
(a) the indicative non-repayable financial support and indicative amount of the loan support to be paid in instalments, structured in accordance with Article 15(2), once Ukraine has achieved satisfactory fulfilment of the relevant qualitative and quantitative steps identified in relation to the implementation of the Ukraine Plan, including the adherence to the ‘do no significant harm’ principle and the commitment by the Commission to take utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use;
Amendment 439 #
Proposal for a regulation
Article 19 – paragraph 3 – point b a (new)
Article 19 – paragraph 3 – point b a (new)
(ba) all reforms to be addressed by the Ukrainian government under the Reform Component as well as the relevant indicators relating to the fulfilment of the envisaged milestones and targets;
Amendment 440 #
Proposal for a regulation
Article 19 – paragraph 3 – point d
Article 19 – paragraph 3 – point d
(d) the arrangements and timetable for monitoring and implementation of the Ukraine Plan, including particular the involvement of the Verkhovna Rada and the Monitoring Committee, referred to in Article 18a, as well as, where relevant, measures necessary for complying with Article 33;
Amendment 442 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where tThe Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances, Ukraine may propose an amended Ukraine Plan. In that case, Ukraine mayian government, after consulting the Verkhovna Rada and the Monitoring Committee referred to in Article 18a, may at any time make a reasoned request to the Commission to make a proposal to amend all or part of the Council implementing decisiondelegated act referred to in Article 19(1).
Amendment 443 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission may, after informing the European Parliament and the Council, in agreement with Ukraine, make a proposal to amend the Council implementing decisiondelegated act referred to in Article 19(1), in particular to take into account a change of the amounts available, notably due to additional contributions by the Member States or from other sources as referred to in Article 6(4).
Amendment 444 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where the Commission considers that the reasons put forward by Ukraine justify an amendment to the Ukraine Plan, the Commission shall assess the amended Ukraine Plan in accordance with Article 18 and shall make a proposal foradopt an amendment of the Council implementing decisiondelegated act referred to in Article 19(1) without undue delay. The Commission’s assessment shall be transmitted to the European Parliament and the Council simultaneously and without delay.
Amendment 447 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Upon adoption of the Council implementing decisiondelegated act referred to in Article 19(1), the Commission shall enter into a loan agreement with Ukraine in respect of the amount referred to in Article 6(2). The loan agreement shall lay down the availability period and the detailed terms of the support under the Facility in the form of loans, including in relation to the internal control systems as referred to in Article 9(4), points (a) and (c). The loans shall have maximum duration of 35 years. In addition to the elements laid down in Article 220(5) of Regulation (EU, Euratom) 2018/1046, the loan agreement shall contain the amount of pre-financing and rules on clearing of pre-financing. The Commission shall transmit to the European Parliament and the Council, simultaneously, the following elements: a) the amount of the loan in EUR; b) the average maturity; c) the pricing formula, and the availability period of the loan; d) the maximum number of instalments and a clear and precise repayment schedule.
Amendment 449 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. No provisioning for the loans under this Regulation shall be constituted and, by way of derogation from Article 211(1) of Regulation (EU, Euratom) 2018/1046, no provisioning rate as a percentage of the amount referred to in Article 6(2) of this Regulation shall be set. The loan agreement shall be transmitted simultaneously to the European Parliament and the Council.
Amendment 450 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Without prejudice to Article 23, if the Framework Agreement referred to in Article 9 is not signed or the Ukraine Plan referred to in Chapter III is not adopted by 31 December 2023, the Commission may decide to provide limited, exceptional support to Ukraine for a period of up to threesix months after either the entry into force of this Regulation, or 1 January 2024, whichever is later, subject to having made satisfactory progress on the preparation of the Ukraine Plan, in order to support the macro-financial stability of the country, subject to conditions to be agreed in a Memorandum of Understanding between the Commission and Ukraine, to the respect of the precondition mentioned in Article 5, to compliance with Article 6 and to available funding.
Amendment 452 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Every quarter, Ukraine shallmay submit a duly justified request for payment of the non- repayable financial support and of the loan, and the Commission shall pay the relevant non-repayable financial support and loan, on the basis of the assessment described in paragraph 3. This request shall be transferred to the relevant committee of the European Parliament as well as the relevant Council formation.
Amendment 453 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission shall assess without undue delay whether Ukraine has achieved satisfactory fulfilment of the qualitative and quantitative steps set out in the Council implementing decision delegated act referred to in Article 19(1). The satisfactory fulfilment of qualitative and quantitative steps shall presuppose that measures related to the steps for which Ukraine had achieved satisfactory fulfilment have not been reversed by Ukraine. The Commission may be assisted by experts.
Amendment 454 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where the Commission makes a positive assessment of the satisfactory fulfilment of qualitative and quantitative steps, it shall adopt without undue delay a decision authorising the disbursement of the part of the non-repayable financial support and of the loan corresponding to such steps. This assessment shall be transferred to the relevant committee of the European Parliament as well as the relevant Council formation.
Amendment 455 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Where the Commission makes a negative assessment of the fulfilment of qualitative and quantitative steps as per the indicative timetable, the payment of the non-repayable financial support and of the loan corresponding to such steps shall be withheld. The payment withheld shall only be disbursed when Ukraine has duly justified, as part of a subsequent payment request, that it has taken the necessary measures to ensure satisfactory fulfilment of the qualitative and quantitative steps. A methodology for handling partial fulfilment of steps shall be published as guidance by the Commission.
Amendment 457 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. The Commission may reduce the amount of the non-repayable financial support, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or of the loan to be disbursed to Ukraine as referred to in paragraph 4, in the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by Ukraine, or a serious breach of an obligation resulting from such agreements, including on the basis of the reports of the Audit Board referred to in Article 34 or information provided by OLAF. Information about such decisions need to be transferred to the European Parliament and the Council.
Amendment 458 #
Proposal for a regulation
Article 26 – title
Article 26 – title
Transparency with regard to persons and entit, entities and final beneficiaries receiving funding for the implementation of the Plan
Amendment 459 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Ukraine shall publish up to date data on persons and entit, entities and final beneficiaries receiving amounts of funding exceeding the equivalent of EUR 500 000, cumulative over the period of 4 years, for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. Ukraine shall update those data twice a year, in June and DecemberThe relevant rules defined in Regulation (EU, Euratom) 2018/1046 shall apply.
Amendment 463 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. For persons and entit, entities and final beneficiaries referred to in paragraph 1, the following information shall be published in machine-readable format on a webpage, in order of total funds received, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:
Amendment 464 #
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) in the case of a legal person, the recipient’s full legal name and VAT identification number or tax identification number, where available, or another unique identifier established at the national level, and the recipient’s beneficial owner as mandatorily disclosed by the recipient;
Amendment 465 #
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
(b) in the case of a natural person, the first and last name(s) of the recipient and place of residence;
Amendment 466 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. TheOn an exceptional basis and where duly justified by the Ukrainian government, information referred to in paragraph 2 shallmay not be published, in cases where disclosure risks unduly threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of. Such information shall be transferred to the European Commission and to the Audit Board in any case, who shall be able to overturn the rdecipientssion not to publish such information.
Amendment 467 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Ukraine shall transmit electronically in a machine readable form to the Commission at least once a year the data on the persons and entities referred to in paragraph 1 with the exception of the data referred to in paragraph 3, in a, in a machine-readable format to be defined in the Framework agreement referred to in Article 9(4), point (i).
Amendment 471 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The operational board of the Ukraine Investment Framework shall comprise representatives of the Commission, of each Member State, the European Parliament, and representatives of the Ukraineian Government and the Verkhovna Rada. Counterparts implementing the Ukraine Guarantee and financial instruments supported by the Ukraine Investment Framework may be given observer status. The Commission shall chair the operational board.
Amendment 472 #
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5a. At least 50% of the the guarantees provided under Pillar II shall be used to provide support to Micro-, Small- and Medium-sized Enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, including startups, including through financial tools which have as an objective to de-risk the lending operations of local Ukrainian banks, for example through risk sharing facilities, coverage of risk in loan pools, bank lending incentives, or other means to de-risk investment and trade such as public guarantees for investment insurance or the insurance of trade and commercial transactions.
Amendment 473 #
Proposal for a regulation
Article 27 – paragraph 5 b (new)
Article 27 – paragraph 5 b (new)
5b. For the purpose of Pillar II, the Commission, supported by the operational board, shall develop a methodology and processes for annual reporting of investment support outlining at least the following elements: (a) allocation of grants, and that of loans, each broken down by: (i) size of the final beneficiary; (ii) region of the headquarter of the final beneficiary; (iii) sector; (b) use of financing instrument for SME support; (c) percentage of investment support at a high likelihood of impairment; (d) qualitative analysis of the principal successes and challenges of Pillar II.
Amendment 474 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
Amendment 475 #
Proposal for a regulation
Article 27 – paragraph 8
Article 27 – paragraph 8
8. The Commission shall report annually on the implementation of the support under the Ukraine Investment Framework in accordance with Articles 41(4) and (5) of Regulation (EU, Euratom) 2018/1046, including on the elements addressed in paragraph 7 of this Article. For that purpose, each counterpart of the Ukraine Guarantee and each entrusted entity implementing financial instruments shall provide on an annual basis the information necessary to allow the Commission to comply with its reporting obligations.
Amendment 477 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The Commission shall commit all eligible counterparts and eligible entrusted entities to take utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use and require dedicated reporting and auditing on these aspects, where relevant.
Amendment 479 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. The Ukraine Guarantee shall be used to cover the risks for the following types of operations, in line with the provisions of Article 27 :
Amendment 480 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
The Commission shall provide information on the signature of each Ukraine Guarantee agreement in the reports referred to in Article 27(8). Upon their request, those agreements shall be made availableThe European Parliament and the Council shall be notified simultaneously of the signature of all Guarantee agreements concluded under the Ukraine Guarantee. All Ukraine Guarantee agreements shall be transmitted simultaneously to the European Parliament and the Council, taking into account the protection of confidential and commercially sensitive information.
Amendment 481 #
Proposal for a regulation
Article 30 – paragraph 4 – point c
Article 30 – paragraph 4 – point c
(c) a reference to the objectives and purpose of the Facility, an assessment of the needs and an indication of the expected results; an assessment of the sectors and industries, as well as the share targeted at Start-ups and SMEs;
Amendment 489 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The provisioning rate shall be reviewed at least everyonce a year fromollowing the entry into force of this Regulation.
Amendment 490 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Assistance under this Chapter shall support Ukraine in attaining the objectives set out in Article 3. In particular, assistance provided under this Chapter shall aim to support Ukraine’s progressive alignment to Union ‘acquis’ with a view to future Union membership, thereby contributing to mutual stability, security, peace and prosperity. Such support shall include strengthening of the rule of law, democracy, respect of human rights and fundamental freedoms, reinforcing of the effectiveness of public administration and institutional capacities, decentralisation, and supporting transparency, structural reforms, sectoral policies and good governance at all levels. Such support should also contribute to the implementation of the Plan.
Amendment 492 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Assistance under this Chapter shall also be provided to ensure that capacities of stakeholders, including social partners, civil society organisations and local and regional authorities, are strengthened.
Amendment 497 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds, audit, and effective fight against mismanagement of public funding, in particular fraud, corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.
Amendment 503 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects under the Ukraine Plan;
Amendment 504 #
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) to accompany a request for payment as set out in Chapter III by a declaration that the funds were used in accordance with the principle of sound financial management and for their intended purpose and managed appropriately in particular in accordance with Ukrainian rules complemented by international standards, on prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, accompanied by a declaration of assurance by the Ukrainian authorities;
Amendment 509 #
Proposal for a regulation
Article 33 – paragraph 2 – point e a (new)
Article 33 – paragraph 2 – point e a (new)
(ea) to use the Early Detection and Exclusion System;
Amendment 510 #
Proposal for a regulation
Article 33 – paragraph 2 – point e b (new)
Article 33 – paragraph 2 – point e b (new)
(eb) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the independent external auditor appointed by the Audit Board.
Amendment 517 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Audit Board shall be composed of independent members appointed by the Commission. Representatives of Member States, the European Parliament and other donors may be invited by the Commission to participate in the activities of the Audit Board.
Amendment 518 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. At least one-fifth of the Audit Board should be composed of Ukrainian nationals of proven high professional competence and integrity and with no personal or professional affiliation to Ukrainian state institutions or officials as well as demonstrably independent international experts with a proven track record of understanding of Ukraine’s economy and political system.
Amendment 529 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The Commission shall provide an annual quarterly report to the European Parliament and the Council on progress towards the achievement of the objectives of this Regulation and the adherence to the general principles in Article 4.
Amendment 530 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. After 31 December 2027, but by 31 December 2031 at the latest, the Commission shall carry out an ex-post evaluation of the Regulation by means of an independent external evaluation. That ex-post evaluation shall assess the Union contribution to the achievement of the objectives of this Regulation. The Commission shall take due account of proposals by the European Parliament or the Council for this independent external evaluation.
Amendment 531 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
The Commission shall communicate the findings and conclusions of this ex-post evaluation accompanied by its observations and follow-up, to the European Parliament, the Council and the Member States. This ex-post evaluation may be discussed at the request of Member States or the European Parliament. The results shall feed into the preparation of programmes and actions and resource allocation. These evaluations and follow-up shall be made publicly available.
Amendment 532 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 13, 19, 20 and 31 shall be conferred on the Commission for an indeterminate period from seven days after the entry into force of this Regulation.
Amendment 533 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The delegations of power referred to in Articles 13, 19, 20 and 31 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 534 #
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. A delegated act adopted pursuant to Articles 13, 19, 20 and 31 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of onetwo months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 535 #
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. Information, communication and publicity shall be provided in accessible format, in accordance with the UN CRPD Article 9, and EU harmonised legislation, notably Directive 2019/882 of the European Parliament and of the Council of 17 April 2019 on accessibility requirements for products and services;