80 Amendments of Moritz KÖRNER related to 2023/0200(COD)
Amendment 76 #
Proposal for a regulation
Recital 2
Recital 2
(2) Since the beginning of Russia’s unprovoked and unjustified war of aggression against Ukraine on 24 February 2022, the Union, its Member States and European financial institutions have mobilised unprecedented support to Ukraine’s economic, social and financial resilience, combining support from the Union budget, including the exceptional macro-financial assistance and support from the European Investment Bank and the European Bank for Reconstruction and Development, fully or partially guaranteed by the Union budget, as well as further financial support by Member States. In addition to this comes the continuous support provided by the authorities, communities and volunteers’ groups within the Member States in relation to Ukrainian war refugees.
Amendment 79 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that as long as the Russian war in Ukraine lasts, tax revenues collected by the Ukrainian government will continue to be largely allocated to the war effort, and that a residual gap remains in Ukraine’s financing needs for at least until 2027, significant and flexible support to the Ukrainian government to maintain its functions as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised quickly.
Amendment 80 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that a residual gap remains in Ukraine’s financing needs for at least until 2027, flexible support to the Ukrainian government to maintain its functions and guarantee basic public services, as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised.
Amendment 85 #
Proposal for a regulation
Recital 11
Recital 11
(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country with a strong market economy, anchored in European values, well integrated into the European and global economy, and progressing well on its path of accession to the European Union.
Amendment 86 #
Proposal for a regulation
Recital 11
Recital 11
(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing wactivelly on its path of accession to the European Union.
Amendment 90 #
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, with the consultation of Verkhovna Rada and representatives of civil society organisations, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, clearly articulated with Union accession requirements.
Amendment 102 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Facility should tie the recovery, reconstruction and modernisation closely to the Union perspective, by linking financial support to the fulfilment of reforms and investments in view of accession without unduly restricting access to essential financial aid in times of war.
Amendment 105 #
Proposal for a regulation
Recital 20
Recital 20
(20) The medium-term perspective provided by the Ukraine Plan through a single instrument should also encourage Ukraine to channel investments and reforms toward the transition to a green, digital and inclusive economy, and help mobilise like-minded donors for multiannual contributions to support Ukraine, as well as to mobilise private investments.
Amendment 111 #
(22) The Union should also foster close consultation and association of local 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 their participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local level. The Union should recognise the multiple roles played by the local authorities as promoters of a territorial approach to local development, including decentralisation processes, participation and accountability, and further enhance its support for local authorities’ capacity building, as well as provision of expertise necessary for the implementation of projects under this Facility.
Amendment 118 #
Proposal for a regulation
Recital 27
Recital 27
(27) Article 49 of the Treaty on European Union provides that any European State which respects the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and is committed to promoting those values may apply to become a member of the Union. Those values are common to Member States in a society in which inclusiveness, pluralism, non- discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Amendment 137 #
Proposal for a regulation
Recital 34
Recital 34
(34) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance. The measures financed under this Facility should involve war veterans, persons with disabilities and organisations which represent vulnerable groups.
Amendment 143 #
Proposal for a regulation
Recital 35
Recital 35
(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption (and notably grand corruption, understood as the abuse of high-level power that benefits the few, and causes serious and widespread harm to individuals and society1a), money laundering and organised crime, as well as transparency, good governance at all levels, 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. _________________ 1a ECA special report 23/2021: "Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results"
Amendment 147 #
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with the principle of participatory democracy, the Union should encourage the strengthening of parliamentary capacities, parliamentary oversight, democratic procedures and fair representation in Ukraine. The Verkhovna Rada of Ukraine is expected to be informed and consulted at all the stages of the Facility life-cycle.
Amendment 157 #
Proposal for a regulation
Recital 41
Recital 41
(41) The general objectives of the Ukraine Facility should be to assist Ukraine in addressing the social, economic and environmental consequences of the war, contributing to the reconstruction, including recovery, and modernisation of the country; in fostering social, economic and environmental resilience and progressive integration into the Union and global economy and markets; and in preparing Ukraine for future membership of the Union by supporting its accession process. Such objectives should be pursued in a mutually reinforcing manner and with a regular monitoring of the evolving social and economic circumstances in Ukraine. Ukraine is expected to guarantee public access to the information on funding opportunities under this Facility, as well as free and fair competition during tendering process and grant allocation under this Facility.
Amendment 165 #
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, including orphans, persons with disabilities and war veterans, and improving living standards. The Facility should also contribute to fighting poverty and homelessness 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 170 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) For the scope of this Facility, the assets confiscated in the context of Russian aggression against Ukraine under the directive on asset recovery and confiscation and the directive on the definition of criminal offences and penalties for the violation of Union restrictive measures should be used in the form of grants in order to contribute to the rebuilding and reconstruction in Ukraine. The Union and its Member States are working towards establishing a legal basis for the confiscation of Russian public assets for the purpose of financing Ukraine’s reconstruction and compensating the victims of Russia’s aggression. The monetary value of the revenue resulting from the asset recovery should come on top and in addition to the resources already available under this Facility.
Amendment 175 #
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Possible revenues resulting from the interest rates obtained through the use on international financial markets of the immobilised state immunities of Russia should be used for the purpose of rebuilding and reconstruction in Ukraine. Such resources come on top and in addition to the resources already available under this Facility and shall be used in the form of grants.
Amendment 176 #
Proposal for a regulation
Recital 46 c (new)
Recital 46 c (new)
(46c) Following the termination of Russia’s aggression against Ukraine and the conclusion of court decisions on the responsibilities of the Russian state as the aggressor party, Russia will be expected to pay the reparations in order to ensure that it makes a substantial contribution to the reconstruction of Ukraine.
Amendment 189 #
Proposal for a regulation
Recital 60
Recital 60
(60) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU should apply to this Regulation. Those rules are laid down in Regulation (EU, Euratom) 2018/1046 and determine in particular the procedure for establishing and implementing the budget through grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts, and provide for checks on the responsibility of financial actors. To ensure fair and inclusive implementation of the Facility, Ukraine should guarantee open and timely access to the information on funding opportunities, calls for tenders and selection procedures of the personnel.
Amendment 191 #
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) The Framework agreement will also include the provisions on the public communication on the objectives of the Facility, opportunities available under the Facility, the implementation progress and the highlights on achievements. Such communication should be provided to the public in Ukraine in a form which is easily accessible, understandable and respectful of the special needs of persons with disabilities. Objective, regular and timely information on the Facility is necessary for its successful implementation and its ownership by different society groups in Ukraine. All communication efforts should be accompanied by the statements ‘Funded by the people of the European Union’ or ‘Co-funded by the people of the European Union’ next to the emblem of the Union.
Amendment 201 #
Proposal for a regulation
Recital 71
Recital 71
(71) The Plan should also include an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, corruption, fraud and conflicts of interests, when usand to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting 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 ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. The Plan should also contain provisions on fair competition during public tender procedures. It should as well display the modalities to mark the projects with appropriate emblems or other distinctive signs, so as to highlight the role of this Facility in their implementation.
Amendment 202 #
Proposal for a regulation
Recital 71
Recital 71
(71) The Plan should also include an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, corruption and notably grand 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 ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. Compliance with this plan will be instrumental to both preserve the financial interests of the Union and integrate the acquis communautaire into Ukraine's internal legal order, which will actively bring Ukraine closer to EU membership.
Amendment 206 #
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 decision, where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances related to the war. The Commission may, in agreement with Ukraine, also make a proposal to amend the Council implementing decision, in particular to take into account a change of the amounts available. 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 209 #
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. 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. The disbursement of the corresponding withheld funds could take place during the nexa subsequent payment window and up to twelve months after the original deadline set out in the indicative timeline, provided the conditions have been fulfilled.
Amendment 213 #
Proposal for a regulation
Recital 81
Recital 81
(81) Transparency in the implementation of the Facility is an important requirement of Union support. Ukraine should publish twice a year data on persons and entities 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 recipients. 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, OLAF and, where applicable, the European Public Prosecutor’s Office (EPPO), including as regards the format of the information.
Amendment 222 #
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 and Directive (EU) 2017/1371 of the European Parliament and of the Council, the financial interests of the Union are to be protected by means of proportionateffective 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. , and measures to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility.
Amendment 224 #
Proposal for a regulation
Recital 87 a (new)
Recital 87 a (new)
(87a) Whereas, in accordance with Regulation (EU) 2017/1939, the European Public Prosecutor Office is competent in respect of the criminal offences affecting the financial interests of the Union, even if the main criminal conduct takes place outside the European Union, subject to extraterritorial jurisdiction of a participating EPPO Member State over an offence affecting the Union’s financial interests (such as when the damage takes place on its territory; when the offence is committed by an EU official; or by a national or a permanent resident of the participating Member State; or the offence is committed for the benefit of a legal person established in its territory), it is essential, in accordance with Article 24(1) of that Regulation, that the European Commission, the Audit Board and OLAF report to the EPPO, without undue delay, any criminal conduct affecting the funds awarded under this Regulation, with a view to EPPO assessing its competence and, if appropriate, initiating an investigation. It is furthermore essential that Ukrainian competent authorities treat, without delay, mutual legal assistance requests and extradition requests issued by EPPO and Member States’ competent authorities in relation to these funds, in accordance with relevant instruments concerning international cooperation in criminal matters.
Amendment 226 #
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 detecting and establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union and to reporting any criminal conduct to the European Public Prosecutor Office, in accordance with Article 24(1) of Regulation (EU) 2017/1939.
Amendment 229 #
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 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 report irregularities in relation to the use of the funds to the Commission. In addition, where applicable, the competent Ukrainian authorities should also report any criminal conduct in relation to the funds to the EPPO.
Amendment 236 #
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. The Audit Board should be subject to the reporting obligations to EPPO, in accordance with Article 24(1) of Regulation (EU) 2017/1939. Such information should be made available to OLAF, EPPO and where appropriate to the relevant Ukrainian authorities, in particular the Accounting Chamber of the Verkhovna Rada. 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 Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 240 #
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
Amendment 241 #
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 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 also commit in the Plan to improve detection, investigation and prosecution of criminal offences affecting the funds provided under the Facility. In that regard, Ukraine should commit to ensure that the competent Ukrainian authorities would treat, without delay, mutual legal assistance requests and extradition requests issued by the EPPO and Member States’ competent authorities.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 byand allowing to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under 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 and information on persons and entities receiving funding for the implementation of measures of the Ukraine Plan.
Amendment 249 #
Proposal for a regulation
Recital 97
Recital 97
(97) The Commission should assess each year the implementation of support under the Ukraine Facility. It should allow the Committee established by this Regulation to have adequate information to assist the Commission. This information shall also be made availabe to the European Parliament. For the effective monitoring of implementation, Ukraine should report once a year in an annual progress report on the implementation. Such reports prepared by the government should be appropriately reflected in the Ukraine Plan. Proportionate reporting requirements should be imposed on recipients of Union funding implemented under the second and third pillars of the Facility.
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, convergence towards the Union’s economic standards, prosperity and sustainability.
Amendment 271 #
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, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming fromaggravated by the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, orphans, disabled people, minorities and other vulnerable persons; help to build inclusive and accessible communities in particular with community-based care for children and persons with disabilities; contribute to the demining effort;
Amendment 287 #
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 promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; 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 and the promotion of gender equality as well as the respect for children's rights; reinforce the effectiveness of public administration 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; reinforce fair economic competition policy; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 294 #
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 promoting an independent judiciary, reinforced security, the fight against fraud, corruption and grand corruption, organised crime and money laundering, tax evasion and tax fraud; 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 and the promotion of gender equality; reinforce the effectiveness of public administration 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 295 #
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) create the conditions for Ukrainian Internally Displace Persons and persons under temporary protection to come back home and get reintegration into the social and economic life of the country;
Amendment 296 #
Proposal for a regulation
Article 3 – paragraph 2 – point d b (new)
Article 3 – paragraph 2 – point d b (new)
(db) create conditions for the reintegration of children and youth, including through the educational programmes supported by the EU so as to fill where necessary the educational gap resulting from the war circumstances; address the needs of young war veterans by providing opportunities for social integration and tackling war-caused traumas;
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) support cross-border cooperation with EU Member States bordering with Ukraine in the areas such as trade, environment protection, fight against international crime.
Amendment 313 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. In line with the principle of inclusive partnership, where appropriate, the Commission shall strive to ensure that relevant stakeholders, including local and regional authorities, social partners and civil society organisations, are duly consulted and have timely access to relevant information to allow them to play a meaningful role during the design and implementation of activities eligible for funding under this Facility, and in the related monitoring processes. For this purpose, the Commission shall encourage the efforts for more accessibility and inclusiveness of different communities in Ukraine. The Commission shall ingive particular attention to the participation of women in consultations, as well as the inclusion of vulnerable groups, such as war veterans and persons with disabilities. The Commission shall in particular promote the involvement of regional, local, urban and other 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.
Amendment 316 #
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 to the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the implementation and reinforcement of internal control systems and anti-fraud policies, and by making information on the volume and allocation of assistance available through web-based databasesa single webportal, and shall ensure that data is comparable and can be easily accessed, shared and published. The data available in this webportal shall be accessible to the European Parliament and the Verkhovna Rada of Ukraine.
Amendment 338 #
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 trainings, studies, meetings of experts, consultations with the Ukrainian authorities, conferences, consultation of stakeholders, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are 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 342 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 a (new)
Article 7 – paragraph 1 – subparagraph 2 a (new)
Additional amounts received as a result of asset confiscation in the context of Russian aggression against Ukraine and relevant sanction violation shall be added to the resources referred to in Article 6. These additional amounts should contribute to the Facility and be used in the form of grants, coming on top and in addition to the resources avalable under this Facility.
Amendment 343 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 b (new)
Article 7 – paragraph 1 – subparagraph 2 b (new)
In principle, and subject to respect for applicable rules of customary international law, the proceeds obtained from managing of assets confiscated from the Russian Federation and the Republic of Belarus, may also be received as additional amounts as external assigned revenue within the meaning of Regulation (EU, Euratom) 2018/1046, under any relevant Union legal act to be adopted in future. The use of proceeds shall be envisaged under this Facility under the condition that it does not slow down or impede the use of confiscated assets for this Facility.
Amendment 349 #
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, investigate and correct irregularities, fraud, corruption and conflicts of interest and to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility. 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.
Amendment 352 #
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, anda robust legal framework to fight fraud by means of criminal law, more efficient and effective control systems, including appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflict of interests as well as to strengthen the fight against money laundering, organised crime, terrorism financing, tax avoidance, tax fraud or tax evasion;, and other illegal activities affecting the funds provided under the Facility.
Amendment 354 #
Proposal for a regulation
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) the activities related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, as well as detections, investigations, prosecutions, anti- fraud measures and cooperation, including mutual legal assistance in criminal matters and extradition;
Amendment 357 #
Proposal for a regulation
Article 9 – paragraph 4 – point f
Article 9 – paragraph 4 – point f
(f) the obligation for persons or entities implementing Union funds under the Facility to notify without delay the Audit Board, the Commission and, OLAF without delayand, where applicable, the EPPO, of suspected or actual cases of irregularities, fraud, corruption, and conflict of interests, and other illegal activities affecting the funds provided under the Facility and their follow-up;.
Amendment 360 #
Proposal for a regulation
Article 9 – paragraph 4 – point h
Article 9 – paragraph 4 – point h
(h) the obligations referred to in Article 33(2), including precise rules and timeframe on collection of data by Ukraine and access for the Commission and OLAF;, OLAF and, where applicable, direct reporting to the EPPO.
Amendment 397 #
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when usas well as to effectively investigate and prosecute criminal offences affecting 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; , as well as to ensure swift judicial cooperation with competent authorities of the EU and its Member States.
Amendment 398 #
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, fraud, corruption and grand 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;
Amendment 403 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Ukraine Plan shall be prepared by Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. At the request of the government of Ukraine, the Commission shall provide a one-time technical and administrative assistance based on already existing programmes, with the view to accelerating the preparation of the Plan. Ukraine may submit a draft Plan to the Commission.
Amendment 405 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Ukraine Plan shall be prepared by Ukraine, with the consultation of relevant committees of the Verkhovna Rada of Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. Ukraine may submit a draft Plan to the Commission.
Amendment 408 #
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 consultation with regional, local, urban and other public authorities, including relevant ministerial departments, as well as civil society organisations, in accordance with the multi-level governance principle and taking into account a bottom-up approach.
Amendment 428 #
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) whether the arrangements proposed by Ukraine are expected to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when usas well as, to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility, and are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors.
Amendment 433 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Where the Commission gives a negative assessment to the Ukraine Plan, it shall communicate a duly justified assessment within two months of the submission of the proposal by Ukraine. Following an invitation from the European Parliament, the Commission shall meet with the competent committees to inform about the reasons for the negative assessment, as well as to outline possible recommendations for the improvement and modification of the Ukraine Plan. Relevant and substantial information shall be transmitted by the Commission to the European Parliament and the Council simultaneously and on equal terms at least five working days ahead of the meeting.
Amendment 441 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstancesand initially unforeseeable circumstances related to the war, Ukraine may propose an amended Ukraine Plan. In that case, Ukraine may make a reasoned request to the Commission to make a proposal to amend all or part of the Council implementing decision referred to in Article 19(1).
Amendment 446 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. The Commission shall transmit to the European Parliament and the Council, simultaneously, the following elements every 6 months: (a) a general overview on the development of the debts situation in Ukraine; (b) the amount of the loan in EUR; (c) the average maturity; (d) the pricing formula, and the availability period of the loan; (e) the maximum number of instalments and a clear and precise repayment schedule.
Amendment 448 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. The loan agreement shall be transmitted simultaneously to the European Parliament and the Council, as well as to the Verkhovna Rada of Ukraine.
Amendment 456 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 468 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The Commission shall prepare, in close cooperation with the Ukrainian authorities, a register of companies under oligarchic influence identified as potentially hampering free and fair competition on the market. Entities identitied on this register will not be eligible to receive funds under the Facility. This register will be prepared within six months after the entry into force of the regulation and updated quarterly.
Amendment 470 #
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 Ukraine, including representatives of 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 476 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The eligible counterparts for the purposes of the Ukraine Guarantee and the eligible entrusted entities for the purpose of financial instruments shall be those identified in Article 208(4) of Regulation (EU, Euratom) 2018/1046, including those from third countries contributing to the Ukraine Guarantee in accordance with Article 28 of this Regulation. In addition, by way of derogation from Article 62(1), point (c), of Regulation (EU, Euratom) 2018/1046, bodies governed by private law of a Member State, or a third country which has contributed to the Ukraine Guarantee in accordance with Article 28 of this Regulation, and which provide adequate assurance of their financial and operational capacity shall be eligible for the purpose of the Ukraine Guarantee. Preference shall be given to those bodies that disclose information related to environment, social, tax and corporate governance criteria. For this purpose, the Commission shall create a webportal with adequate and user-friendly guidance on disclosure, comprising the examples of such disclosure.
Amendment 478 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The Ukraine Guarantee shall support financing and investment operations which comply with the conditions set out in Article 209(2), points (a) to (e) of Regulation (EU, Euratom) 2018/1046 concerning in particular the need to achieve additionality, including by addressing market failures or sub-optimal investment situations, to avoid the distortion of competition, and to maximise private investment, including also for SMEs.
Amendment 483 #
Proposal for a regulation
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
Amendment 485 #
Proposal for a regulation
Article 30 – paragraph 9 – point a a (new)
Article 30 – paragraph 9 – point a a (new)
(aa) The eligible counterparts shall also, upon request, provide the Commission with any additional information necessary to fulfil the Commission’s obligations pursuant to this Regulation, together with information regarding compliance with anti-fraud and anti-corruption provisions, human rights, and social, labour and environment standards.
Amendment 493 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Assistance under this Chapter shall also support confidence-building measures and processes that promote justice, truth- seeking, reparations as well as collection of evidence of crimes committed during the war. Funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine may be provided under this Chapter. The findings retrieved as a result of such measures shall be brought to the knowledge of the Commission, the Parliament and the Council with a view to be considered during the elaboration of the Union's foreign policy positions.
Amendment 496 #
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 and effective fight against mismanagement of public funding, in particular fraud, corruption and grand corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.
Amendment 498 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In implementing the Facility, the Commission and Ukraine shall take all the appropriate measures to protect the financial interests of the Union, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the precondition set out in Article 5(1) and conditions set out in the framework agreement and specific financing or loan agreements, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities. Ukraine shall commit to progressing towards effective and efficient management and control systems and ensure that amounts wrongly paid or incorrectly used can be recovered, as well as investigation and prosecution of criminal offences affecting the funds provided under the Facility. Ukraine shall commit to progressing towards a robust legal framework to fight fraud by means of criminal law, effective and efficient management and control systems and ensure that amounts wrongly paid or incorrectly used can be recovered. Ukraine shall also commit to ensure that the competent Ukrainian authorities treat, without delay, mutual legal assistance requests and extradition requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds under the Facility.
Amendment 499 #
(a) to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities or any other illegal activity affecting the Union’s financial interests, as well as the availability of the reporting tools and protection of whistle-blowers;
Amendment 501 #
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, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union, to 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; and to take appropriate measures to treat mutual legal assistance requests and extradition requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds under the Facility, without delay;
Amendment 507 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
(e) to expressly authorise the Commission, OLAF, and the Court of Auditors and, where applicable, EPPO to exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2018/1046, in application of the principle of proportionality. Where applicable, the competent Ukrainian authorities shall report any criminal conduct affecting the funds under the Facility to the EPPO.
Amendment 512 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The Commission shall strive to make available to Ukraine an integrated and interoperable information and monitoring system including a single data- mining and risk-scoring tool to access and analyse the relevant data, including the data listed in paragraph 2(d). Where such a system is available, Ukraine shall use and feed the relevant data into the system, including with support referred to under Chapter V.
Amendment 514 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Persons and entities implementing funds under the Facility shall report any suspected or actual cases, of fraud, corruption, conflict of interests and irregularities or other illegal activities affecting financial interests of the Union without delay, to the Audit Board referred to in Article 34, the Commission and OLAF,OLAF, and, where applicable, the EPPO.
Amendment 515 #
Proposal for a regulation
Article 33 – paragraph 5 a (new)
Article 33 – paragraph 5 a (new)
5a. Persons and entities implementing funds under the Facility, as well as persons knowledgeable about the implementation process, shall be able to report the cases of alledged corruption, fraud, irregularities and maladministration through a dedicated digital tool, with the relevant whistleblower protection provisions.
Amendment 519 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Audit Board shall exercise its functions in complete objectivity and operate in compliance with best applicable international practices and standards. It shall act without prejudice to the powers of the Commission, OLAF, the Court of Auditors and, where applicable, the EPPO.
Amendment 522 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The Audit Board shall ensure regular dialogue and cooperation with the European Court of Auditors, as well as the Audit Chamber of Verkhovna Rada.
Amendment 524 #
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 1 a (new)
Article 34 – paragraph 7 – subparagraph 1 a (new)
In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the European Public Prosecutor Office any criminal conduct in respect of which the latter could exercise its competence.
Amendment 527 #
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 3
Article 34 – paragraph 7 – subparagraph 3
The reports of, and information from, the Audit Board shall also be sent to OLAF and, where applicable, to the EPPO, and may be shared with the relevant Ukrainian authorities, especially in case they need to take steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union.