48 Amendments of Elisabetta GUALMINI related to 2020/0380(COD)
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) Following the end of the transition period, barriers to trade and to cross-border exchanges between the Union and the United Kingdom will be present. Broad and far-reaching social and economic consequences for businesses, especially SMEs and micro-entities and their employees, citizens and public administrations, local communities and regions, are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 43 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economic impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, especially the most affected ones in such exceptional circumstances. However, many uncertainties associated with the impact of the UK’s withdrawal remain, which make it difficult to determine the specific exposure of a Member State’s economy. For example, possible positive gains can be expected from the movement of economic sectors of activity from the UK to certain Member States in the Union.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions, local communities and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public expenditure incurred by Member States for measures specifically taken to mitigate those consequences.
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal, giving special attention to SMEs, micro-entities and their employees with the aim of securing quality employment and social security and protection . Member States should ensure that new high-quality jobs are created in those regions and local communities particularly affected, as jobs are key for regions and local communities to thrive. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
Amendment 59 #
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. Furthermore, the support given should not lead to distortion of competition within the internal market.
Amendment 68 #
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. Bth 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 70 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Stresses the need for each EU budgetary programme and its beneficiaries to ensure respect for fundamental rights and deliver and contribute to implementing gender equality and its mainstreaming, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
Amendment 71 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The implementation of the Reserve should be carried out in line with the principle of sound financial management, including the effective prevention and prosecution of tax fraud, tax evasion, tax avoidance and aggressive tax planning.
Amendment 72 #
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 Rule of Law conditionality for the protection of the Union budget.
Amendment 76 #
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 77 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics and needs to ensure equal treatment of all Member States. 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 86 #
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. 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 87 #
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 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. Where new bodies are created by the Member States, the Commission should, in the early stages of the eligibility period, assess their adequacy in contributing to the protection of the financial interests of the EU. The Commission should furthermore ensure a consistent and comparable audit approach in all Member States.
Amendment 91 #
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 2020/2092on 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). 15 Council 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 92 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) In order to ensure efficient and coherent allocation of funds from the Union budget and to respect the principle of sound financial management, financial actions under the Reserve should be consistent with and complementary to ongoing Union programmes and priorities, such as the digital transition and a just climate transition, while avoiding double funding for the same expenditure. Therefore, financial support under the Reserve should be additional to the support provided under other Union programmes and instruments, provided that such support does not cover the same cost.
Amendment 94 #
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, in line with the objectives of the Paris Agreement and the UN Sustainable Development Goals.
Amendment 96 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to enhance transparency on the use of the Union contribution, the Commission should provide a final report to the European Parliament and the Council on the implementation of the Reserve. The Commission should evaluate in particular whether resources were used in an effective, efficient and EU value- added way, with Member States providing assistance to those regions, local communities and sectors particularly affected. The evaluation should also assess whether there was real and measurable impact in mitigating the negative effects of the UK's withdrawal from the EU, taking into consideration the very broad eligibility criteria for expenditure, the lack of clear priorities and indicators, as well as, the lack of an impact assessment and stakeholder consultation prior to adopting the proposal.
Amendment 97 #
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 promote gender equality and ensure that the impact of the measures on women is taken into account.
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the Union in Member States, regionbusinesses, especially SMEs and micro-entities including their employees, regions, local communities and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion.
Amendment 119 #
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 case of generalised deficiencies as regards the rule of law and the respect for fundamental rights in the Member States, which are essential preconditions for sound financial management and effective EU funding.
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) measures to assist businesses, especially SMEs and micro-entities, and local communities and regions adversely affected by the withdrawal;
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) measures to support businesses, especially SMEs and micro entities and local communities and regions dependent on fishing activities in the United Kingdom waters;
Amendment 136 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment, and job creation, especially in those regions and local communities most affected, with the aim of securing quality employment, social security and protection including through short-time work schemes, re-skilling and upskilling and training in affected sectors;
Amendment 142 #
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 and social standards, as well as to assist in mutual recognition, including additional personnel and infrastructure, especially digital infrastructure;
Amendment 152 #
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, the implementation of gender equality, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Measures eligible under paragraph 1 may receivshall be additional to the support fpromvided under other Union programmes and instruments provided that such support does not cover the same cost.
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 166 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall pay the pre- financing within 6045 days of the date of the adoption of the implementing act referred to in paragraph 2. It shall be cleared in accordance with Article 11.
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) a description of the impact of the withdrawal of the United Kingdom from the Union in economic and social terms, especially on jobs and employment, including an identification of the regions, areas and sectors most affected;
Amendment 178 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) a description of the measures taken to counter the adverse consequences of the withdrawal of the United Kingdom from the Union, of the extent to which those measures alleviated the regional, local and sectoral impact referred to in point (a), and how they were implemented; a description of whether the measures created new high quality jobs in those regions and local communities particularly affected;
Amendment 180 #
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 sustainable use and protection of water and marine resources, the protection and restoration of biodiversity and ecosystems, and the transition to a circular economy, where relevant.
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) measures to support businesses and local communities dependent on fishing activities in the United Kingdom waters, 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 205 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. The independent audit body shall audit the system and carry out independent audits of financed measures in order to provide independent assurance to the Commission regarding the effective functioning of the management and control system and the legality and regularity of the expenditure included in the accounts submitted to the Commission.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
The independent audits of the financed measures shall cover expenditure on the basis of a sample. That sample shall be representative and based on statistical sampling methods.
Amendment 213 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 30 June 2026, the Commission shall carry out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission shall evaluate to what extent Member States' measures alleviated the impact in particularly affected local communities, regions and sectors. The Commission may make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) measures to mitigate disruptions caused by the withdrawal of the United Kingdom from cooperation and exchange programmes;
Amendment 247 #
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 285 #
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 implementation of the European Pillar of Social Rights, the promotion of gender equality, the implementation of gender mainstreaming and the reduction of the digital divide .
Amendment 299 #
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 305 #
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 307 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 319 #
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 333 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 30 June 20278, the Commission shall submit to the European Parliament and to the Council, to the Council and to the Committee of the Regions a report on the implementation of the Reserve.
Amendment 345 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b
Annex I – paragraph 1 – point 3 – point b
Amendment 356 #
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 362 #
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 365 #
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 374 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)