38 Amendments of Virginie JORON related to 2024/0258(COD)
Amendment 52 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 53 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Commission, in cooperation with the Member States and Moldova, shouldmust ensure the compliance, coherence, consistency and complementarity, 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 Moldova upholds and respects effective democratic mechanisms, including a multi- party parliamentary system, free and fair elections, pluralistic media, an independent judiciary and the rule of law, and to guarantee respect for all human rights obligations, including the rights of persons belonging to minorities.
Amendment 54 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 57 #
Proposal for a regulation
Recital 29
Recital 29
(29) Decisions on the release referred to in Article 19(3) for the support in the form of loans shouldmust be adopted in the period from 1 January 2025 to 30 June 2029. This final date includes the time necessary for the Commission to evaluate the successful fulfilment of the payment conditions concerned and to adopt the subsequent release decision.
Amendment 58 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to maximise the leverage of Union financial support to attract additional investment, and to ensure Union control over the expenditure, the investments supporting the Reform Agenda should be implemented through the NIP. At least 25% of the loan amount released to Moldova should be made available by Moldova to investment projects approved under the NIP. This is in addition to the non-repayable support provided by the Union for these projects.
Amendment 59 #
Proposal for a regulation
Recital 35
Recital 35
(35) A Facility Agreement should be concluded with Moldova to set up the principles of the financial cooperation between the Union and Moldova, and to specify the necessary mechanisms related to the control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, rules on taxes, duties and charges and measures to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest. Consequently, a loan agreement should also be concluded with Moldova setting out specific provisions for the management and implementation of funding provided in the forms of loans. Both the Facility Agreement and the loan agreement shouldmust be transmitted to the European Parliament and to the Council, upon request.
Amendment 60 #
Proposal for a regulation
Recital 37
Recital 37
(37) The implementation of the Facility shouldmust be underpinned by a coherent and prioritised set of targeted reforms and investment-related priorities in Moldova (the ‘Reform Agenda’), providing a framework for boosting inclusive sustainable socio-economic growth, clearly articulated and aligned with Union accession requirements and the fundamentals of the enlargement process. The Reform Agenda will serve as an overarching framework to achieve the objectives of the Facility. The Reform Agenda shouldmust be prepared in close consultation with relevant stakeholders, including social partners and civil society organisations and their input should be reflected. Disbursement of Union support shouldmust be conditional on compliance with the payment conditions and on measurable progress in the implementation of reforms set out in the Reform Agenda assessed and formally approved by the Commission. The release of funds should be structured accordingly, reflecting the objectives of the Facility.
Amendment 61 #
Proposal for a regulation
Recital 38
Recital 38
(38) The Reform Agenda shouldmust include targeted reform measures and priority investment areas, along with payment conditions in the form of measurable qualitative and quantitative steps that indicate satisfactory progress or completion of those measures, and a timetable for the implementation of those measures. The Reform Agenda should also include a preliminary list of planned investment projects intended for implementation under NIP. Those steps should be planned to be implemented for no later than 31 December 2027, although it should be possible for the overall completion of the measures, to which such steps refer, to extend beyond 2027 but not later than 31 December 2028. The Reform Agenda shouldmust include an explanation of Moldova’s system to effectively prevent, detect and correct irregularities, corruption, including high-level corruption, fraud and conflicts of interest, when using the funds provided under the Facility, and the arrangements to avoid double funding from the Facility and other Union programmes as well as other donors.
Amendment 62 #
Proposal for a regulation
Recital 40
Recital 40
(40) Measures under the Reform Agenda shouldmust contribute to improving an efficient public financial management and control system, money laundering, tax avoidance, tax evasion, fraud and organised crime and to an effective system of State aid control, with the aim of ensuring fair conditions for all undertakings.
Amendment 63 #
Proposal for a regulation
Recital 41
Recital 41
(41) The Reform Agenda shouldmust contain a description of such systems as well as specific steps related to Chapter 32 in order to support Moldova in bringing its audit and controls requirements in line with Union standards. In the event that a request for the release of funds includes a step related to Chapter 32, referred to in Article 19(2), the Commission may not adopt a decision authorizing the release of funds unless it assesses such step positively.
Amendment 65 #
Proposal for a regulation
Recital 42
Recital 42
(42) The Facility Agreement shouldmust also include indicators for assessing progress towards the achievement of general and specific objectives of the Facility set out in this Regulation. Those indicators shouldmust be based on internationally agreed indicators. Indicators shouldmust also, to the extent possible, be coherent with the key performance indicators included in Commission Implementing Decision approving the Reform Agendas for the Western Balkans under Regulation (EU) 2024/1449 and in the EFSD+ Results Measurement Framework. The indicators shouldmust be relevant, accepted, credible, easy, and robust.
Amendment 66 #
Proposal for a regulation
Recital 43
Recital 43
(43) The Commission shouldmust assess the Reform Agenda based on the list of criteria set out in this Regulation. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to approve the Reform Agenda. The Commission will duly take into account Council decision 2010/427/EU (11) and the role of the European External Action Service (EEAS), where appropriate.
Amendment 68 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 71 #
Proposal for a regulation
Recital 46
Recital 46
(46) The Facility Agreement should provide the obligation for Moldova to ensure the collection of, and access to data in compliance with Union data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of the Reform Agenda. Financial support for the Reform Agenda should be possible inmay only take the form of a loan. In the context of Moldova’s financing needs, it is appropriate to organise the financial assistance under the diversified funding strategy provided for in Article 224of Regulation (EU, Euratom) 2024/2509 and established as a single funding method therein, which is expected to enhance the liquidity of Union bonds and the attractiveness and cost-effectiveness of Union issuance.
Amendment 76 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission shouldmust provide, upon request of the European Parliament in the framework of the discharge procedure, detailed information about the implementation of the Union budget under the Facility, in particular as regards audits carried out, including weaknesses identified and corrective measures taken, and as regards projects approved under NIP, including where applicable the amount of Moldova’s co-financing as well as other sources of contributions including from other Union financing instruments.
Amendment 79 #
Proposal for a regulation
Recital 54
Recital 54
(54) In the interest of transparency and accountability, Moldova shouldmust publish data on final recipients receiving amounts of funding exceeding the equivalent of EUR 510 000 cumulatively during the implementation of reforms and investments under this Facility.
Amendment 81 #
Proposal for a regulation
Recital 58
Recital 58
(58) The Commission shouldmust ensure that the financial interests of the Union are effectively protected under the Facility. Considering the long track record of financial assistance provided to Moldova also under indirect management and taking into account its gradual alignment with the Unions internal control standards and practices, the Commission should rely to a great extent on the operation of Moldova’s internal control and fraud prevention systems. In particular, the Commission and OLAF and, where applicable, the EPPO should be informed of all suspected cases of irregularities, fraud, corruption and conflicts of interest affecting the implementation of funds under the Facility without delay.
Amendment 83 #
Proposal for a regulation
Recital 59
Recital 59
(59) Furthermore, Moldova shouldmust report the irregularities including fraud which have been the subject of a primary administrative or judicial finding, without delay, to the Commission, and to competent entities such as the European Parliament, and keep it informed of the progress of administrative and legal proceedings. With the objective of alignment to good practices in Member States, this reporting should be done by electronic means, using the Irregularity Management System, established by the Commission.
Amendment 84 #
Proposal for a regulation
Recital 60
Recital 60
(60) Moldova shouldmust establish a monitoring system feeding into a semi- annual report on the fulfilment of its Reform Agenda’s payment conditions accompanying the semi-annual request for the release of funds. Moldova shouldmust collect and provide access to data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interest, in relation to the measures supported by the Facility.
Amendment 85 #
Proposal for a regulation
Recital 61
Recital 61
(61) The Commission shouldmust ensure that clear monitoring and independent evaluation mechanisms are in place in order to provide effective accountability and transparency in implementing the Union budget, and to ensure effective assessment of progress towards the achievement of the objectives of this Regulation.
Amendment 86 #
Proposal for a regulation
Recital 62
Recital 62
(62) The Commission shouldmust provide an annual report to the European Parliament and the Council on progress towards the achievement of the objectives of this Regulation.
Amendment 87 #
Proposal for a regulation
Recital 63
Recital 63
(63) The Commission shouldmust carry out an evaluation of the Facility upon its completion.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 91 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Activities under the Facility shall mainstream and promote democracy, human rights and gender equality, progressively align with the social, climate and environmental standards of the Union, mainstream climate change mitigation and adaptation, where relevant, disaster risk reduction, environmental protection and biodiversity conservation, including through, where appropriate, environmental impact assessments, 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. Those activities shall avoid stranded assets, and shall be guided by the principles of ‘do no significant harm’ and of ‘leaving no one behind’, as well as by the sustainability mainstreaming approach underpinning the European Green Deal. At least 37 % of the non-repayable financial support, including provisioning, provided to investment projects approved under the Neighbourhood Investment Platform (NIP) should account to climate objectives.
Amendment 96 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Facility shall be supported with resources from the Neighbourhood, Development and International Cooperation Instrument – Global Europe amounting to EUR 420 million and a maximum amount of EUR 1 500 million in loans. The amount for loans shall not constitute part of the amount of the External Action Guarantee within the meaning of Article 31(4) of Regulation (EU) 2021/947.
Amendment 97 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 99 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The release of the Union’s assistance shall be managed by the Commission in a manner consistent with the key principles and objectives of reforms set out in the Reform Agenda. AllThe funds lent, with the exception of complementary support referred to in paragraph 2, and resources referred to in paragraph 5, shall be provided in twice- yearly instalments based on the completion of the necessary reforms in the specified timelines as agreed in the reform agenda and agreed in the Commission Implementing Decision.
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 111 #
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) the breakdown by instalment of financing between loan support and non- repayableof loan support;
Amendment 115 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 116 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 121 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Following satisfactory fulfilment of payment conditions, the Commission will adopt a decision authorising a release of funds, as referred to in Article 19(3). This decision shall, in accordance with Article 6(1), set the amount of funds to be made available in the form of non-repayable support provided by the Union for projects approved under the NIP, and the amount of financial assistance in the form of loan support to be released to Moldova. This decision shall also set out, in accordance with the ratio set in the Facility Agreement as referred to in Article 8(5)(c), the share of this loan support to be made available by Moldova as co-financing for projects approved under the NIP.
Amendment 124 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where the Commission concludes that Moldova has not taken the necessary measures within a period of 12 months from the initial negative assessment referred to in paragraph 4, the Commission shall reduce the amount of the non- repayable financial support and of the loan proportionately to the part corresponding to the relevant payment conditions. During the first year of implementation, a deadline of 24 months shall apply, calculated from the initial negative assessment referred to in paragraph 4. Moldova may present its observations within two months from the communication to them of the Commission’s conclusions.
Amendment 125 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Commission may reduce the amount of the non-repayable financial support and recover from Moldova, including by offsetting, any amount spent to achieve the objectives of the Facility, or to reduce the amount of the loan to be disbursed to Moldova or request early repayment of the loan in accordance with the loan agreement, in the event of funds unduly paid, identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interest affecting the financial interests of the Union that have not been corrected by Moldova, or of a reversal of qualitative or quantitative steps or in cases it is found, after the payment has taken place, that steps were not satisfactorily fulfilled, or of 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 or of the Court of Auditors’ reports. The Commission shall inform the European Parliament and the Council prior to taking any decision of such reductions.
Amendment 127 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Payments of the non-repayable financial support and of tThe loans under this Article shall be made in accordance with the budget appropriations, as set in the annual budgetary procedure, and subject to the available funding, respectively. Funds shall be paid in instalments. An instalment may be paid in one or more tranches.
Amendment 128 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Moldova shall publish up-to-date data on final recipients receiving amounts of funding exceeding the equivalent of EUR 510 000 cumulatively over the period of three years for the implementation of reforms and investments under this Facility.
Amendment 134 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Facility Agreement shall also provide for the right of the Commission to reduce proportionately the amount of the non-repayable financial support provided under the Facility and to recover from Moldova, including by offsetting, any amount spent to achieve the objectives of the Facility and to reduce the amount of the loan to be disbursed to the Beneficiary or request early repayment of the loan in accordance with the loan agreement, in the event of funds unduly paid, identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interest affecting the financial interests of the Union that have not been corrected by Moldova, or in cases it is found, after the payment has taken place, that steps were not satisfactorily fulfilled, or of a serious breach of an obligation resulting from the Facility Agreement or from the loan agreement. When deciding on the amount of the recovery and reduction, or the amount to be repaid early, the Commission shall respect the principle of proportionality and shall take into account the seriousness of the irregularity, fraud, corruption or conflict of interest affecting the financial interests of the Union, or of a breach of an obligation. Moldova shall be given the opportunity to present its observations before the reduction is made or early repayment is requested.
Amendment 138 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall monitor the implementation of the Facility and assess the achievement of the objectives set out in Article 3. The monitoring of implementation shall be targeted and proportionate to the activities carried out under the Facility Agreement, and shall be without prejudice to the reporting requirements set out under Regulation (EU) 2021/947. The indicators referred to in Article 11(2) shall be expected to contribute to the Commission’s monitoring of the Facility.