52 Amendments of Laurence FARRENG related to 2020/0380(COD)
Amendment 61 #
Proposal for a regulation
Recital 1
Recital 1
(1) On 1 February 2020, the United Kingdom of Great Britain and Northern Ireland (‘United Kingdom’) left the European Union and the European Atomic Energy Community (‘Euratom’) – hereafter referred together as the ‘Union’, entering a transition period. That time- limited period was agreed as part of the Withdrawal Agreement 11 and is to last untilended on 31 December 2020. During the transition period, the Union and the United Kingdom started formal negotiations on a future relationship. _________________ 11Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’) (OJ L 29, 31.1.2020, p. 7).
Amendment 67 #
Proposal for a regulation
Recital 2
Recital 2
(2) Following tThe end of the transition period, has generated barriers to trade and to cross- border exchanges between the Union and the United Kingdom will be present. Band broad and far- reaching consequences for businesses, workers, citizens and public administrations are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 77 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economic, social and territorial impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States and regions, especially the most affected ones in such exceptional circumstances.
Amendment 85 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective, in particular SMEs, and economic sectors, including fisheries, agri-food and transport sectors, that are adversely affected by the withdrawal and which now face barriers to trade flows, an increase in administrative and custom procedures, and greater regulatory and financial burden. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective. Relevant regional and local authorities, economic and social partners and civil society of the territories concerned shall be involved in the process of identification of the support measures in accordance with the partnership principle laid down in Article 6 of Regulation (EU) .../… [new CPR].
Amendment 93 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) For the purpose of contributing to the Union’s social and environmental targets, the Reserve should be implemented in accordance with the principles set out in the European Pillar of Social Rights and the European Green Deal and be in line with the objectives of the Paris Agreement and the UN Sustainable Development Goals.
Amendment 96 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) In the context of its effort to increase economic, social and territorial cohesion, the Reserve should also contribute to eliminating inequalities and promoting gender equality and gender mainstreaming as well as combatting discrimination as set out in Article 2 TEU, Article 10 TFUE and Article 21 of the Charter of Fundamental Rights of the European Union. All stakeholders involved in the implementation of the Reserve shall commit to promoting gender equality and ensure that the impact of the measures on women is taken into account.
Amendment 101 #
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported.
Amendment 104 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement and the UN Sustainable Development Goals, the Funds and programmes will contribute to mainstream climate actions and to the achievement of an overall target of 30 % of the Union budget expenditure supporting climate objectives. The Brexit Adjustment Reserve is expected to contribute 30% of the overall financial envelope to climate objective according to the specific needs and priorities of each Member State.
Amendment 109 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to take into account the immediate impact of the adverse consequences ofexpenses incurred in anticipating the withdrawal agreement of the United Kingdom from the Union on the Member States and their economies, the immediate impact of the adverse consequences of the withdrawal and the need to adopt mitigating measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 Julanuary 202019 and be concentrated over a limited period of 30 monthslast until 31 December 2023.
Amendment 118 #
Proposal for a regulation
Recital 9
Recital 9
(9) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union (TFEU) apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the general regime of conditionality for the protection of the Union budget in cases of generalised deficiencies as regards the rule of law and the respect for fundamental rights in the Member States, as the respect for the rule of law and the fundamental rights is an essential precondition for sound financial management and effective EU funding.
Amendment 123 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics. Financial services should be excluded from the calculation of the distribution method considering the positive impact expected due to the relocalisation of several activities in the Union following the withdrawal of the United Kingdom. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
Amendment 130 #
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201613 , there is a need to evaluate the Reserve on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member Statnational, regional and local authorities and final beneficiaries. These requirements, where appropriate, should include measurable indicators, as a basis for the evaluation of the Reserve. _________________ 13Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 137 #
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to that Member Stata further allocation from the Reserve should be granted to Member States within the limits of the financial resources available. In order to ensure consistency with the pre-financing, the distribution method of the additional amount should also take into account the importance of trade within the limits ofUnited Kingdom in the financial resources availableternal market, based on reliable and official statistics. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for.
Amendment 141 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission should assist and support Member States in order to help their preparation of the measures, including on how to assess the direct link with the withdrawal of the United Kingdom from the Union.
Amendment 145 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible at national, regional and local level for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated.
Amendment 146 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to reduce bureaucracy it is recommended to use existing techniques such as the simplified costs option to contribute to faster distribution of the financial resources
Amendment 147 #
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with the Financial Regulation, Council Regulation (EC, Euratom) No 2988/9514 , Council Regulation (Euratom, EC) No 2185/9615 and Council Regulation (EU) 2017/193916 and Regulation (EU, Euratom) No 2020/2092 on a general regime of Rule of Law conditionality for the protection of the Union budget, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 14 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 15Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 16Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 17Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 158 #
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 Julanuary 202019 to 31 December 20223;
Amendment 180 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000 shall be made available in 20245 in accordance with Article 11.
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The financial contribution from the Reserve shall only support the public expenditure directly linked to measures specifically taken by Member States, regional and local authorities to contribute to the objectives referred to in Article 3, and may cover, in particular the following:
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) measures to support businesses and local and regional communities dependent on fishing activities in the United Kingdom waters, including measures to support fishers and operators for the permanent cessation of fishing activities as defined in [Regulation (EU) No XX/20XX (EMFAF Regulation)] and compensation for operators in the fishery and aquaculture sectors, including the processing of fishery and aquaculture products, for their income foregone or additional costs due to the withdrawal of the United Kingdom from the Union and the decreasing access to United Kingdom waters;
Amendment 206 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment, job protection and job creation, including through short-time work schemes, up- skilling, re-skilling and training of workers in affected sectors;
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) measures to facilitate regimes for certification and authorisation of products, to assist in meeting establishment requirements, to facilitate labelling and marking, for example for safety, health and environmental standards, as well as to assist in mutual recognition, including additional personnel and infrastructure, especially digital infrastructure;
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) technical assistance for the management, monitoring, complaint resolution, and control and auditing of the Reserve;
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Expenditure shall be eligible if it is incurred and paid during the reference period for measures carried out in the Member State concerned or for the benefitmost affected regions of the Member State concerned.
Amendment 234 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures referred to in paragraph 1 shall comply with applicable law, subject to the exceptions referred to in Article [new Article 6].
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Measures eligible under paragraph 1 may receive support from other Union programmes and instruments provided that such support does not cover the same cost. Members States shall consult the relevant local and regional authorities that act as managing authorities or intermediate bodies for European funds in order to avoid any overlapping of funding.
Amendment 237 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a State aid 1. The Commission may declare that payments made by Member States under the present Regulation are compatible with the internal market and are not subject to the notification requirements of Article 108(3) TFEU. 2. In line with the provisions of [Regulation (EU) No XX/20XX (EMFAF Regulation)], Articles 107, 108 and 109 of the Treaty on the Functioning of the European Union shall not apply to payments made by Member States, under the present Regulation, to undertakings in the fisheries and aquaculture sector, falling within the scope of Article 42 of the Treaty on the Functioning of the European Union.
Amendment 243 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 246 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The financial contribution from the Reserve to a Member State shall be implemented together with the relevant regional and local authorities of the territories concerned, in accordance with the partnership principle laid down in Article 6 of Regulation (EU) .../… [new CPR] and within the framework of shared management in accordance with Article 63 of the Financial Regulation.
Amendment 249 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States, in cooperation with regional and local authorities and after consulting with the relevant economic and social partners and civil society in the areas most heavily affected, shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support to public and/or private entities. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures.
Amendment 256 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. By derogation from Article 12 of the Financial Regulation, unused commitment and payment appropriations under this Regulation shall be automatically carried over and may be used until 31 December 20256. The appropriations carried over shall be consumed first in the following financial year.
Amendment 266 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member States, in cooperation with regional and local authorities concerned and after consulting with the relevant economic and social partners and civil society of the territories concerned, shall submit an application to the Commission for a financial contribution from the Reserve by 30 September 20234. The Commission shall assess this application and establish whether additional amounts are due to Member States or any amounts should be recovered from the Member States in accordance with Article 11.
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where a Member State does not submit an application for a financial contribution from the Reserve by 30 September 20234, the Commission shall recover the total amount paid as pre- financing to that Member State.
Amendment 286 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) a description of the contribution of the measures to climate change mitigation and adaptation, the reduction of the digital divide, the implementation of the European Pillar of Social Rights, the promotion of gender equality and the implementation of gender mainstreaming.
Amendment 298 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Where the accepted amount exceeds both the amount of pre-financing and 0.06% of the nominal GNI of 2021 of the Member State concerned, an additional amount shall be due to that Member State from the allocation referred to in Article 4(3), point (b), and any amounts carried over pursuant to Article 8(4). The allocation criteria for the additional amounts to be paid by the Commission to the Member States are set out in Annex Ia.
Amendment 304 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
In such a case, the Commission shall pay the amount exceeding the pre-financing paid to the Member State concerned or 0.06% of the nominal GNI of 2021, whichever is higher.
Amendment 306 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) designating, at the appropriate level of governance, one or more bodyies responsible for the management of the financial contribution from the Reserve and an independent audit body in accordance with Article 63(3) of the Financial Regulation, and supervising such bodies;
Amendment 324 #
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. The bodyies responsible for managing the financial contribution from the Reserve shall:
Amendment 329 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 30 June 20267, the Commissan independent evaluation shall be carryied out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission may make use ofshall provide all relevant information already available in accordance with Article 128 of the Financial Regulation.
Amendment 332 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 30 June 20278, the Commissiona report of the independent evaluation on the implementation of the Reserve shall be submitted to the European Parliament and to, the Council a report on the implementationnd the Committee of the Reservegions.
Amendment 338 #
Proposal for a regulation
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
1. Each Member State’s share from pre-financing of the Brexit Adjustment Reserve is determined as the sum of a factor linked to the fish caught in the waters that belong to the UK Exclusive Economic Zone (EEZ) as well as the concessions of transfers outside of the UK EZZ, and a factor linked to trade with the UK.
Amendment 340 #
Proposal for a regulation
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
1. Each Member State’s share from pre-financing of the Brexit Adjustment Reserve is determined as the sum of a factor linked to the fish caught in the waters that belong to the UK Exclusive Economic Zone (EEZ) and a factor linked to trade with the UK in the internal market.
Amendment 344 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point a
Annex I – paragraph 1 – point 3 – point a
a) share of each Member State of the total value of the fish caught in the UK EEZ and the share of the total value of the concessions in the transfers of fishing opportunities caught outside UK EEZ to other Member States;
Amendment 346 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b
Annex I – paragraph 1 – point 3 – point b
Amendment 355 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point a
Annex I – paragraph 1 – point 4 – point a
a) each Member State’s trade with the UK is expressed as share of the EU trade with the UK (trade is the sum of the imports and the exports of good and services, excluding financial services);
Amendment 357 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point b
Annex I – paragraph 1 – point 4 – point b
b) to assess the relative importance of these trade flows for each Member State, the sum of trade flows with the UK are expressed as a percentage of the Member State’s GDPoverall trade flows with the whole EU-28 and subsequently expressed as an index of the EU average (index of dependency);
Amendment 363 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point f
Annex I – paragraph 1 – point 4 – point f
f) the resulting shares are rescaled to ensure the sum of shares equals 100%, whereby it is ensured that no Member State can have a share higher than 25% of the EU totalfull amount of the Brexit Adjustment Reserve. The resources deducted due to this capping are redistributed to the other Member States, proportionally to their non- capped shares;
Amendment 366 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point h a (new)
Annex I – paragraph 1 – point 4 – point h a (new)
ha) to provide a minimum level of access to the funds from the Reserve, no Member State can receive less than EUR 5 million in 2018 prices. The resources needed to ensure this minimum amount are deducted from the other Member States' envelopes, proportionally to their shares not limited by this minimum threshold;
Amendment 371 #
Proposal for a regulation
Annex I – paragraph 1 – point 5 – point f
Annex I – paragraph 1 – point 5 – point f
f) for GDP and for total population of the Member States the reference period shall be 2017- 2019.
Amendment 375 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)