100 Amendments of Olivier CHASTEL related to 2023/0397(COD)
Amendment 164 #
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve these goals, special emphasis with respect to investment areas should be placed on sectors that are likely to function as key multipliers for social and economic development and in order to reduce strategic dependencies: connectivity, including transport, energy, green and digital transitions, research and innovation, education and skills development, with particular attention to youth.
Amendment 164 #
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve these goals, special emphasis with respect to investment areas should be placed on sectors that are likely to function as key multipliers for social and economic development and in order to reduce strategic dependencies: connectivity, including transport, energy, green and digital transitions, research and innovation, education and skills development, with particular attention to youth.
Amendment 185 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, justice and Fundamental Rights, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 185 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, justice and Fundamental Rights, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 186 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions safeguarded by comprehensive audit frameworks. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union laws, rules, standards, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 186 #
Proposal for a regulation
Recital 9
Recital 9
(9) The support under the Facility should be provided to meet general and specific objectives, based on established criteria and with clear payment conditions safeguarded by comprehensive audit frameworks. The general objectives of the Facility should be to accelerate regional economic integration, progressive integration with the Union single market, socio-economic convergence of Western Balkans economies and alignment with Union laws, rules, standards, policies and practices with a view to Union membership. The Facility should also help accelerate reforms related to fundamentals of the enlargement process, including rule of law, public procurement and State aid control, public finance management and fight against corruption. These objectives should be pursued in a mutually reinforcing manner.
Amendment 193 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Facility should promote the development effectiveness principles, respecting additionality to the support provided under other Union programmes and instruments and striving to avoidpreventing duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities.
Amendment 193 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Facility should promote the development effectiveness principles, respecting additionality to the support provided under other Union programmes and instruments and striving to avoidpreventing duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities.
Amendment 195 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights including but not limited to the rights of minorities such as LGBTQ communities, and the rule of law.
Amendment 195 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights including but not limited to the rights of minorities such as LGBTQ communities, and the rule of law.
Amendment 196 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights, and the rule of law which are the fundamental political prerequisites of the EU accession process.
Amendment 196 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Facility should ensure consistency with, and support to the general objectives of Union external action as laid down in Article 21 of the Treaty on European Union, including the respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. It will notably ensure the protection and promotion of human rights, and the rule of law which are the fundamental political prerequisites of the EU accession process.
Amendment 200 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Activities under the Facility should not question the sovereignty, unity and territorial integrity of Bosnia-and- Herzegovina.
Amendment 200 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Activities under the Facility should not question the sovereignty, unity and territorial integrity of Bosnia-and- Herzegovina.
Amendment 207 #
Proposal for a regulation
Recital 13
Recital 13
(13) 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 and advance gender equality and mainstreaming, the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights, as well as prevent and combat violence against women and domestic violence, 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.
Amendment 207 #
Proposal for a regulation
Recital 13
Recital 13
(13) 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 and advance gender equality and mainstreaming, the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights, as well as prevent and combat violence against women and domestic violence, 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.
Amendment 210 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This regulation should promote the European code of conduct on partnership and the multi-level governance principle in order to prepare the Beneficiaries for the future implementation of the European Structural and Investment Funds.
Amendment 210 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This regulation should promote the European code of conduct on partnership and the multi-level governance principle in order to prepare the Beneficiaries for the future implementation of the European Structural and Investment Funds.
Amendment 216 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and improves, upholds effective democratic mechanisms and institutions, including a functioning multi-party parliamentary system, media freedom and the rule of law, and to guarantees respect for all human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligat including but not limited to LGBTQ communities. Another pre-condition should be full alignment with the Union's stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationcommon foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 216 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and improves, upholds effective democratic mechanisms and institutions, including a functioning multi-party parliamentary system, media freedom and the rule of law, and to guarantees respect for all human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligat including but not limited to LGBTQ communities. Another pre-condition should be full alignment with the Union's stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relationcommon foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 222 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies with enhanced levels of transparency and continuous evaluation by the Commission. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 222 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies with enhanced levels of transparency and continuous evaluation by the Commission. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 225 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to national, religious, cultural and sexual minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 225 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to national, religious, cultural and sexual minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 227 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 227 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission, in cooperation with the Member States and the Beneficiaries, should contribute to increased transparency and accountability in the delivery of assistance, including by implementing appropriate internal control systems and anti-fraud policies. The support under the Facility should be made available under the preconditions that each of the Beneficiaries continues to respect and uphold effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities. Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 228 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations
Amendment 228 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Another pre-condition should be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations
Amendment 232 #
Proposal for a regulation
Recital 19
Recital 19
(19) The financial liability from loans under this Facility should not be supported by the External Action Guarantee, by way of derogation from Article 31(3), second sentence of Regulation (EU) 2021/947. Loans type of support under this Facility should constitute financial assistance within the meaning of Article 220(1) of Regulation (EU, Euratom) 2018/1046. An indicative amount of financing for each Beneficiary should be calculated based on the formula laid down in Annex I, combining the population share of a Beneficiary over the overall population of the Western Balkans region and the average GDP per capita for the Western Balkans region over the GDP per capita of the respective Beneficiary, weighing the two factors with 60% and 40% respectively. If the payment conditions for the release of funds are not met, the Commission may redistribute part of or the entire amount to other Beneficiaries, and if not used then the amount shall be returned to the European budget.
Amendment 232 #
Proposal for a regulation
Recital 19
Recital 19
(19) The financial liability from loans under this Facility should not be supported by the External Action Guarantee, by way of derogation from Article 31(3), second sentence of Regulation (EU) 2021/947. Loans type of support under this Facility should constitute financial assistance within the meaning of Article 220(1) of Regulation (EU, Euratom) 2018/1046. An indicative amount of financing for each Beneficiary should be calculated based on the formula laid down in Annex I, combining the population share of a Beneficiary over the overall population of the Western Balkans region and the average GDP per capita for the Western Balkans region over the GDP per capita of the respective Beneficiary, weighing the two factors with 60% and 40% respectively. If the payment conditions for the release of funds are not met, the Commission may redistribute part of or the entire amount to other Beneficiaries, and if not used then the amount shall be returned to the European budget.
Amendment 233 #
Proposal for a regulation
Recital 21
Recital 21
(21) Restrictions of eligibility in award procedures under the Facility should be allowed on account of the specific nature of the activity or when the activity affects security or public order in due process with adequate means of appeal to avoid arbitrary use of these provisions based on political partiality.
Amendment 233 #
Proposal for a regulation
Recital 21
Recital 21
(21) Restrictions of eligibility in award procedures under the Facility should be allowed on account of the specific nature of the activity or when the activity affects security or public order in due process with adequate means of appeal to avoid arbitrary use of these provisions based on political partiality.
Amendment 234 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure an efficient implementation of the Facility, including the facilitation of the Western Balkans Beneficiaries’ integration in European value chains, all supplies and materials financed and procured under this Facility should originate from Member States, Beneficiaries, Ukraine, Moldova, Georgia, as well as contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 of the European Parliament and of the Council10 and Annex I to Regulation (EU) 2021/1529 and countrieswhich provide a level of support to Beneficiaries comparable to the one provided by the European Union in order to develop our autonomic strategy, while taking into account the size of their economy and for which reciprocal access to external assistance in Beneficiaries is established by the Commission, unless the supplies and materials cannot be sourced at reasonable conditions in any of those countries. _________________ 10 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).
Amendment 234 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure an efficient implementation of the Facility, including the facilitation of the Western Balkans Beneficiaries’ integration in European value chains, all supplies and materials financed and procured under this Facility should originate from Member States, Beneficiaries, Ukraine, Moldova, Georgia, as well as contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 of the European Parliament and of the Council10 and Annex I to Regulation (EU) 2021/1529 and countrieswhich provide a level of support to Beneficiaries comparable to the one provided by the European Union in order to develop our autonomic strategy, while taking into account the size of their economy and for which reciprocal access to external assistance in Beneficiaries is established by the Commission, unless the supplies and materials cannot be sourced at reasonable conditions in any of those countries. _________________ 10 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).
Amendment 236 #
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent and prioritised set of targeted reforms aligned with EU values and investment priorities in each Western Balkans Beneficiary (a Reform Agenda), providing a framework for boosting socio-economic growth, clearly articulated and aligned with Union accession requirements. The Reform Agenda will serve as an overarching framework to achieve the objectives of this Facility. The Reform Agenda should be prepared in close consultation with relevant stakeholders, including national parliaments, regional and local representative bodies and authorities, social partners and civil society organisations.
Amendment 236 #
Proposal for a regulation
Recital 24
Recital 24
(24) The implementation of the Facility for Western Balkans should be underpinned by a coherent and prioritised set of targeted reforms aligned with EU values and investment priorities in each Western Balkans Beneficiary (a Reform Agenda), providing a framework for boosting socio-economic growth, clearly articulated and aligned with Union accession requirements. The Reform Agenda will serve as an overarching framework to achieve the objectives of this Facility. The Reform Agenda should be prepared in close consultation with relevant stakeholders, including national parliaments, regional and local representative bodies and authorities, social partners and civil society organisations.
Amendment 244 #
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the payment conditions and on measurable progress in the implementation of reforms set out in the Reform Agendas assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility. The Commission should develop internal guidance for assessing the satisfactory fulfilment of the payment conditions defined in the Reform Agendas, as well as arrangements for partial release of funds. It should also clarify how any potential reversal of the conditions previously fulfilled should be assessed. The Commission should keep the Parliament informed on these proceedings.
Amendment 244 #
Proposal for a regulation
Recital 25
Recital 25
(25) Disbursement of Union support should be conditional on compliance with the payment conditions and on measurable progress in the implementation of reforms set out in the Reform Agendas assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility. The Commission should develop internal guidance for assessing the satisfactory fulfilment of the payment conditions defined in the Reform Agendas, as well as arrangements for partial release of funds. It should also clarify how any potential reversal of the conditions previously fulfilled should be assessed. The Commission should keep the Parliament informed on these proceedings.
Amendment 251 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Reform Agendas should include an explanation of the Beneficiary’s system 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 avoidshould prevent double funding from the Facility and other Union programmes as well as other donors.
Amendment 251 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Reform Agendas should include an explanation of the Beneficiary’s system 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 avoidshould prevent double funding from the Facility and other Union programmes as well as other donors.
Amendment 264 #
Proposal for a regulation
Recital 33
Recital 33
(33) In case of redistribution of support under this Facility which would lead to additional support to a Beneficiary, this Beneficiary should submit to the Commission and the Parliament a revised Reform Agenda with additional measures to be achieved.
Amendment 264 #
Proposal for a regulation
Recital 33
Recital 33
(33) In case of redistribution of support under this Facility which would lead to additional support to a Beneficiary, this Beneficiary should submit to the Commission and the Parliament a revised Reform Agenda with additional measures to be achieved.
Amendment 270 #
Proposal for a regulation
Recital 39
Recital 39
(39) In order to maximise the leverage of Union financial support to attract additional investment, and to ensure EU control over the expenditure, the infrastructure investments supporting the Reform Agendas should be implemented through the WBIF. Individual projects or programmes should be submitted to the WBIF Operational Board for its opinion only upon completion of relevant payment conditions defined in the Reform Agendas. In case of non-fulfilment of relevant payment conditions for investments within one year, the Commission may redistribute the investment funding under the WBIF among the remaining Beneficiaries and if not used then the amount shall be reinvested in the European budget.
Amendment 270 #
Proposal for a regulation
Recital 39
Recital 39
(39) In order to maximise the leverage of Union financial support to attract additional investment, and to ensure EU control over the expenditure, the infrastructure investments supporting the Reform Agendas should be implemented through the WBIF. Individual projects or programmes should be submitted to the WBIF Operational Board for its opinion only upon completion of relevant payment conditions defined in the Reform Agendas. In case of non-fulfilment of relevant payment conditions for investments within one year, the Commission may redistribute the investment funding under the WBIF among the remaining Beneficiaries and if not used then the amount shall be reinvested in the European budget.
Amendment 277 #
Proposal for a regulation
Recital 47
Recital 47
(47) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. At the same time, given the long track record of financial assistance provided to the Western Balkans Beneficiaries also under indirect management and taking into account their gradual alignment with the Unions internal control standards and practices, the Commission may rely to a great extent on the operation of the national internal control and fraud prevention systems. In particular, the Commission and OLAF should be informed of all suspected cases of irregularities, fraud, corruption and conflict of interests affecting the implementation of funds under the Facility without delay. The Commission and OLAF should provide evaluation of said fraud prevention systems and offer recommendations for upgrades or fixes to the Beneficiaries in line with the EU acquis in case of deficiencies.
Amendment 277 #
Proposal for a regulation
Recital 47
Recital 47
(47) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. At the same time, given the long track record of financial assistance provided to the Western Balkans Beneficiaries also under indirect management and taking into account their gradual alignment with the Unions internal control standards and practices, the Commission may rely to a great extent on the operation of the national internal control and fraud prevention systems. In particular, the Commission and OLAF should be informed of all suspected cases of irregularities, fraud, corruption and conflict of interests affecting the implementation of funds under the Facility without delay. The Commission and OLAF should provide evaluation of said fraud prevention systems and offer recommendations for upgrades or fixes to the Beneficiaries in line with the EU acquis in case of deficiencies.
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of socio-economic reforms aligned with EU values and investments to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Facility shall provide assistance to the Western Balkans for the delivery of socio-economic reforms aligned with EU values and investments to implement their respective Reform Agendas, as set out in Chapter III.
Amendment 295 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘Reform Agendas’ means a comprehensive package of a coherent and prioritised set of targeted reforms aligned with EU values and priority investment areas in each Beneficiary, including payment conditions that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures.
Amendment 295 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘Reform Agendas’ means a comprehensive package of a coherent and prioritised set of targeted reforms aligned with EU values and priority investment areas in each Beneficiary, including payment conditions that indicate satisfactory progress or completion of those measures, and an indicative timetable for the implementation of those measures.
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) accelerate alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) accelerate alignment with Union values, laws, rules, standards, policies and practices with a view to future Union membership
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment and reduce strategic dependencies;
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) accelerate the transition of the Beneficiaries to sustainable, and inclusive economies, capable of withstanding competitive market pressures of the Union single market, and to a stable investment environment and reduce strategic dependencies;
Amendment 315 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) strengthen environmental protection and accelerate green transition in line with the 2020 Green Agenda for the Western Balkans and covering all economic sectors, particularly energy, including the transition towards de- carbonised climate-neutral, climate- resilient and circular economy;
Amendment 315 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) strengthen environmental protection and accelerate green transition in line with the 2020 Green Agenda for the Western Balkans and covering all economic sectors, particularly energy, including the transition towards de- carbonised climate-neutral, climate- resilient and circular economy;
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies in line with the respective EU accession priorities;
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies in line with the respective EU accession priorities;
Amendment 330 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies, with particular emphasis on youth;
Amendment 330 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) boost quality education, training, reskilling and upskilling, and employment policies, with particular emphasis on youth;
Amendment 335 #
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the fundamentals of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, through promoting an independent judiciary, reinforced security,strengthening democratic institutions, in particular national parliaments, 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, including cybersecurity and resilience against disinformation, strengthening the fight against fraud, corruption, including high level corruption, organised crime and money laundering and terrorism financing, tax avoidance, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to all minorities such as ethnic, religious, LGBTQ communities;
Amendment 335 #
Proposal for a regulation
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) further strengthen the fundamentals of the enlargement process, including the rule of law, democracy, the respect of human rights and fundamental freedoms, through promoting an independent judiciary, reinforced security,strengthening democratic institutions, in particular national parliaments, 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, including cybersecurity and resilience against disinformation, strengthening the fight against fraud, corruption, including high level corruption, organised crime and money laundering and terrorism financing, tax avoidance, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote gender equality, the overall empowerment of women and girls, non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to all minorities such as ethnic, religious, LGBTQ communities;
Amendment 346 #
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the effectiveness of public administration, ensure access to information and 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 control; support initiatives and bodies involved in supporting and enforcing democracy, international justice and anti-corruption efforts in the Western Balkans Beneficiaries.
Amendment 346 #
Proposal for a regulation
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) reinforce the effectiveness of public administration, ensure access to information and 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 control; support initiatives and bodies involved in supporting and enforcing democracy, international justice and anti-corruption efforts in the Western Balkans Beneficiaries.
Amendment 364 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Activities under the Facility shall mainstream climate change mitigation and adaptation, biodiversity and environmental protection, human rights, democracy, gender equality and, where relevant, disaster risk reduction, 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 shall avoid stranded assets, and shall be guided by the principles of ‘do no harm’ and of ‘leaving no one behind’ and the European code of conduct on partnership and the multi-level governance principle, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.
Amendment 364 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Activities under the Facility shall mainstream climate change mitigation and adaptation, biodiversity and environmental protection, human rights, democracy, gender equality and, where relevant, disaster risk reduction, 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 shall avoid stranded assets, and shall be guided by the principles of ‘do no harm’ and of ‘leaving no one behind’ and the European code of conduct on partnership and the multi-level governance principle, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.
Amendment 380 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relation including but not limited to LGBTQ communities.
Amendment 380 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Preconditions for the support under the Facility shall be that the Beneficiaries continue toimprove, uphold and respect effective democratic mechanisms, including a functioning multi- party parliamentary system, media freedom and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities. Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relation including but not limited to LGBTQ communities.
Amendment 389 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1 (new)
Article 5 – paragraph 1 – point 1 (new)
(1) Another precondition shall be full alignment with the Union's common foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 389 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1 (new)
Article 5 – paragraph 1 – point 1 (new)
(1) Another precondition shall be full alignment with the Union's common foreign and security policy, including adoption of restrictive measures against Russia as well as with EU visa requirements for third countries.
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Another pre-condition shall be that Serbia and Kosovo engage constructively in the normalisation of their relations with a view to fully implementing all their respective obligations stemming from the Agreement on the Path to Normalisation and its Implementation Annex as well as all past Dialogue Agreements and engage in negotiations on the Comprehensive Agreement on normalisation of relations.
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular,such cases, shall withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular,such cases, shall withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) Member States, Beneficiaries, and contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 and Annex I to Regulation (EU) 2021/1529, as well as in Ukraine, Moldova and Georgia;
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) Member States, Beneficiaries, and contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 and Annex I to Regulation (EU) 2021/1529, as well as in Ukraine, Moldova and Georgia;
Amendment 413 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) countries which provide a level of support to Beneficiaries comparable to the one provided by the European Union taking into account the size of their economy and for which reciprocal access to external assistance in Beneficiaries is established by the Commission in line with our strategic autonomy.
Amendment 413 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) countries which provide a level of support to Beneficiaries comparable to the one provided by the European Union taking into account the size of their economy and for which reciprocal access to external assistance in Beneficiaries is established by the Commission in line with our strategic autonomy.
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Tender applicants and candidates from non-eligible countries may be accepted as eligible in theonly in substantiated cases of urgency or where services are unavailable in the markets of the countries or territories concerned, or in other duly substantiated cases where application of the eligibility rules would make the realisation of an action impossible or exceedingly difficult, with full transparency and backed by legitimate justification.
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Tender applicants and candidates from non-eligible countries may be accepted as eligible in theonly in substantiated cases of urgency or where services are unavailable in the markets of the countries or territories concerned, or in other duly substantiated cases where application of the eligibility rules would make the realisation of an action impossible or exceedingly difficult, with full transparency and backed by legitimate justification.
Amendment 431 #
Proposal for a regulation
Article 9 – paragraph 5 – point c a (new)
Article 9 – paragraph 5 – point c a (new)
(ca) the Beneficiary's commitment to the fundamental EU principle of subsidiarity in the distribution of funds within its jurisdiction, preventing regional or political favouritism.
Amendment 431 #
Proposal for a regulation
Article 9 – paragraph 5 – point c a (new)
Article 9 – paragraph 5 – point c a (new)
(ca) the Beneficiary's commitment to the fundamental EU principle of subsidiarity in the distribution of funds within its jurisdiction, preventing regional or political favouritism.
Amendment 437 #
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) the obligations referred to in Articles 22 and 23, including precise rules and timeframe on collection of data by the Beneficiary and access for the Commission the European Court of Auditors and OLAF;
Amendment 437 #
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) the obligations referred to in Articles 22 and 23, including precise rules and timeframe on collection of data by the Beneficiary and access for the Commission the European Court of Auditors and OLAF;
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Facility shall incentivise the implementation of the Reform Agenda of each Beneficiary by putting payment conditions on the release of funds. These payment conditions shall apply to funds under Article 6(2) point (a) and Article 6(3) and shall take the form of qualitative or quantitative steps. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, EU values, rule of law, justice and fundamental rights, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Facility shall incentivise the implementation of the Reform Agenda of each Beneficiary by putting payment conditions on the release of funds. These payment conditions shall apply to funds under Article 6(2) point (a) and Article 6(3) and shall take the form of qualitative or quantitative steps. Such steps shall reflect progress on specific socio-economic reforms, including on fundamentals of the enlargement process and rule of law, EU values, rule of law, justice and fundamental rights, linked to the achievement of the different objectives of the Facility, set out in Article 3, consistent with the latest Enlargement Package.
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
Funds under the Facility will not support activities or measures which could compromise the sovereignty, unity and territorial integrity of Bosnia and Herzegovina.
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
Funds under the Facility will not support activities or measures which could compromise the sovereignty, unity and territorial integrity of Bosnia and Herzegovina.
Amendment 464 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investments, the fight against fraud, corruption and organised crime and measures to ensure compliance with preconditions if appropriate;
Amendment 464 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms, investments, the fight against fraud, corruption and organised crime and measures to ensure compliance with preconditions if appropriate;
Amendment 480 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) provisions facilitating transparency and accountability through the means of easy public access to information related to the distribution of Facility funds.
Amendment 480 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) provisions facilitating transparency and accountability through the means of easy public access to information related to the distribution of Facility funds.
Amendment 488 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the relevance, comprehensiveness and appropriateness of each Beneficiary’s Reform Agenda or, where applicable, any amendment to that Agenda, without undue delay. When carrying out its assessment, the Commission shall act in close cooperation with the Beneficiary concerned, and may make observations, require to review and/or modify or seek additional information.
Amendment 488 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the relevance, comprehensiveness and appropriateness of each Beneficiary’s Reform Agenda or, where applicable, any amendment to that Agenda, without undue delay. When carrying out its assessment, the Commission shall act in close cooperation with the Beneficiary concerned, and may make observations, require to review and/or modify or seek additional information.
Amendment 493 #
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) whether the Reform Agenda can be expected to accelerate the transition of the Beneficiaries towards sustainable, climate- neutral and climate resilient and inclusive economies by improving regional connectivity, making progress on the twin transition of green and digital, including biodiversity, and boostingreducing strategic dependencies and boosting research and innovation, education and skills and the wider labour market, with particular attention on youth;
Amendment 493 #
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) whether the Reform Agenda can be expected to accelerate the transition of the Beneficiaries towards sustainable, climate- neutral and climate resilient and inclusive economies by improving regional connectivity, making progress on the twin transition of green and digital, including biodiversity, and boostingreducing strategic dependencies and boosting research and innovation, education and skills and the wider labour market, with particular attention on youth;
Amendment 528 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – 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, 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 the Beneficiary, or a serious breach of an obligation resulting from the Facility Agreements or from the Loan Agreements, including on the basis of information provided by OLAF and the European Court of Auditors' reports.
Amendment 528 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – 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, 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 the Beneficiary, or a serious breach of an obligation resulting from the Facility Agreements or from the Loan Agreements, including on the basis of information provided by OLAF and the European Court of Auditors' reports.
Amendment 541 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
For the part of the Facility funding paid as financial assistance, channelled directly to the Beneficiaries’ national budgets, the Commission shall rely on existing and improved internal control systems of the Beneficiaries, including the National Audit Authorities and, where applicable, the Anti-Fraud Coordination Services of each Beneficiary established in the framework of the Instrument for Pre-accession Assistance as well as on local civilian oversight, facilitated by transparency measures in line with EU standards.
Amendment 541 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
For the part of the Facility funding paid as financial assistance, channelled directly to the Beneficiaries’ national budgets, the Commission shall rely on existing and improved internal control systems of the Beneficiaries, including the National Audit Authorities and, where applicable, the Anti-Fraud Coordination Services of each Beneficiary established in the framework of the Instrument for Pre-accession Assistance as well as on local civilian oversight, facilitated by transparency measures in line with EU standards.