32 Amendments of Matteo ADINOLFI related to 2022/0162(COD)
Amendment 116 #
Proposal for a regulation
Recital 33
Recital 33
(33) For reasons of legal certainty and in accordance with the principle of proportionality, the situations in which publication should not take place should be specified. For example, information should not be published with regard to scholarships or other forms of direct support paid to natural persons most in need, to certain contracts with a very low value or to financial support below a certain threshold provided through financial instruments or budgetary guarantees , or in cases where disclosure risks threatening the rights and freedoms of the individuals concerned as protected by the Charter of Fundamental Rights of the European Union or causing harm to the commercial interests of the recipients. For grants, however, there should be no special exemptions from the obligation to publish information on the basis of a specific threshold, in order to maintain the current practice and to allow for transparencyrelating to the final beneficiary should be possible on the basis of a specific threshold, in order to comply with the principle of proportionality, particularly in the cases of natural persons and SMEs.
Amendment 122 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to increase inclusiveness, a national promotional bank or institution, as defined in Article 2(50) of this Regulation, as well as private or EU-law bodies established in a Member State and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, should be added to the list of entities under point (c) of the first subparagraph of article 62 (1) insofar as they are controlled by public law bodies or private law bodies with public service mission eligible under indirect management, and are provided with adequate financial guarantees. Where such private or EU-law bodies do not benefit from financial backing provided by a Member State, adequate financial guarantees should take the form of joint and several liability by the controlling bodies or equivalent financial guarantees.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘blending facility or platform’ means a cooperation framework established between the Commission and development or other public finance institutions with a view to combining non- repayable forms of support and/or financial instruments and/or budgetary guarantees from the budget and repayable forms of support from development or other public finance institutions such as national promotional banks or institutions pursuant to item vii of Article 62 (1), point (c), first subparagraph and defined in Article 2 (20) of Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU programme, as well as from private-sector finance institutions and private-sector investors;
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31 a) “final recipient or beneficiary" means a legal or natural person receiving financial support from the EU budget.
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 b (new)
Article 2 – paragraph 1 – point 31 b (new)
(31 b) “financial intermediary” means an entity that acts as the middleperson between the Implementing Partner and the final recipient or beneficiary of EU support.
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36 a) “implementing partner” means a financial institution whose systems and procedures have been assessed by the Commission to be entrusted with the management of EU funding, in direct, indirect and share management modes;
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42 a (new)
Article 2 – paragraph 1 – point 42 a (new)
(42 a) ‘low value financial support’ means a financial instrument or a budgetary guarantee provided to the final beneficiary with a lower value than EUR 10 000 000;
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point 50 a (new)
Article 2 – paragraph 1 – point 50 a (new)
(50 a) “National promotional bank or institution” means a legal entity that carries out financial activities on a professional basis which has been given mandate by a Member State or a Member State’s entity at central, regional, or local level to carry out development or promotional activities as defined in Article 2 (20) of Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU programme;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
Amendment 141 #
Proposal for a regulation
Article 2 – paragraph 1 – point 57 a (new)
Article 2 – paragraph 1 – point 57 a (new)
(57 a) “Public finance institution” may refer to financial institutions defined as or controlled by public law bodies or private law bodies and assigned to perform public interest missions, such as a national promotional bank or institution pursuant to item x of Article 62(1), point (c), first subparagraph and defined in Article 2 (20) of Regulation (EU) 2021/523;
Amendment 164 #
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) programmes and activities should in general be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems, as set out in Article 9 of Regulation (EU) 2020/852 of the European Parliament and of the Council51 . The percentage of the EU budget that should meet this DNSH principle should be defined in the next MFF as well as in sector-specific rules. This DNSH principle would apply to programmes under the MFF following the entry into force of this regulation. A full application of the DNSH principle shall only be addressed at the level of the programme or the respective financial instrument and should not apply to low value operations funded by the financial instrument that are lower than €10 million in accordance with Article 2 (42) bis as well as to low value grants in accordance with Article 2 (42) _________________ 51 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance), OJ L 198, 22.6.2020, p. 13.
Amendment 200 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – point d
Article 38 – paragraph 3 – subparagraph 1 – point d
(d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or harming the commercial interests of the final recipients, financial intermediaries or financial sub- intermediaries;
Amendment 208 #
Proposal for a regulation
Title II – Chapter 8 a (new)
Title II – Chapter 8 a (new)
Amendment 211 #
Proposal for a regulation
Article 52 – paragraph 1 – point d – point iii – indent 3
Article 52 – paragraph 1 – point d – point iii – indent 3
— a comprehensive overview of borrowing and lending operations; that overview shall provide inter alia the identities of third-country national buyers of bonds, purchase order information and allotment;
Amendment 216 #
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point c – point ix a (new)
Article 62 – paragraph 1 – subparagraph 1 – point c – point ix a (new)
(ix a) national promotional bank or institution as defined in Article 2(20) of Regulation (EU) 2021/523.
Amendment 219 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The accounting officer may deviate from the standards referred to in paragraph 1 if he or she considers this necessary in order to give a fair presentation of the assets and liabilities, charges, income and cash flow. Internationally-accepted accounting standards such as IFRS should generally be accepted for actions under indirect management. Where an accounting rule diverges materially from those standards, the notes to the financial statements shall disclose that fact and the reasons for it.
Amendment 220 #
Proposal for a regulation
Article 102 – paragraph 4
Article 102 – paragraph 4
Amendment 222 #
Proposal for a regulation
Article 115 – paragraph 6
Article 115 – paragraph 6
6. The amount of a budgetary commitment for which no payment within the meaning of Article 116 has been made within two years of the entering into the legal commitment shall be decommitted, except where that amount relates to a case under litigation before judicial courts or arbitral bodies, where the legal commitment takes the form of a financing agreement with a third country or where there are special provisions laid down in sector-specific rules, or in case of budgetary commitments under indirect management in justified cases.
Amendment 227 #
Proposal for a regulation
Article 128 – paragraph 1
Article 128 – paragraph 1
Without prejudice to existing possibilities for carrying out further audits, where an audit based on internationally accepted audit standards providing reasonable assurance has been conducted by an independent auditor on the financial statements and reports setting out the use of a Union contribution, that audit shall form the basis of the overall assurance, as further specified, where appropriate, in sector-specific rules, provided that there is sufficient evidence ofbe considered a sufficient assurance for all other potential auditors. Where appropriate, auditors may agree, prior to a single audit on certain aspects, to be considered in the sindependence and competence of the auditorgle audit. An auditor may, in duly justified cases, perform an additional but limited audit. In such cases, these additional costs may be recovered by the EU in the form of administrative costs. To that end, the report of the independent auditor and the related audit documentation shall be made available on request to the European Parliament, the Commission, the Court of Auditors and the audit authorities of Member States.
Amendment 228 #
Proposal for a regulation
Article 130 – paragraph 2 a (new)
Article 130 – paragraph 2 a (new)
Amendment 236 #
Proposal for a regulation
Article 138 – paragraph 3 a (new)
Article 138 – paragraph 3 a (new)
3 a. In case of pillar-assessed institutions, the respective internal processes and control systems shall be deemed sufficient and the early-detection and exclusion system shall not apply to pillar- assessed organisations implementing funds, as referred to in Article 62 (1) (a), (b) and (c).
Amendment 241 #
Proposal for a regulation
Article 139 – paragraph 2 – subparagraph 1
Article 139 – paragraph 2 – subparagraph 1
Amendment 260 #
Proposal for a regulation
Article 159 – paragraph 1 – subparagraph 3
Article 159 – paragraph 1 – subparagraph 3
For actions terminating before the end of the financial year concerned, the final report may replace the management declaration referred to in point (c) of the first subparagraph, provided it is submitted before 15 FebruarMay of the following financial year.
Amendment 261 #
Proposal for a regulation
Article 159 – paragraph 1 – subparagraph 5
Article 159 – paragraph 1 – subparagraph 5
The documents referred to in the first subparagraph shall be provided to the Commission no later than 15 FebruarMay of the following financial year. The opinion referred to in the third subparagraph shall be provided to the Commission no later than 15 MarchJune of that year.
Amendment 262 #
Proposal for a regulation
Article 159 – paragraph 2 – subparagraph 3 – introductory part
Article 159 – paragraph 2 – subparagraph 3 – introductory part
Entities implementing financial instruments and budgetary guarantees in accordance with Title X shall ensurequire that:
Amendment 263 #
Proposal for a regulation
Article 159 – paragraph 2 – subparagraph 4
Article 159 – paragraph 2 – subparagraph 4
When concluding agreements with financial intermediaries, entities implementing financial instruments and budgetary guarantees in accordance with Title X shall request the financial intermediaries to report on the observance of the requirements laid down in this paragraph only in cases where the financial intermediary or sub- intermediary is not by law already subjected to the relevant legislation.
Amendment 265 #
Proposal for a regulation
Article 159 – paragraph 10 a (new)
Article 159 – paragraph 10 a (new)
10 a. In case of pillar-assessed organisations pursuant to article 158.3 and 158.4, the EU should fully rely on the rules and procedures already in place in those organisations operating under direct, indirect and shared management modes.
Amendment 273 #
Article 209 a Intermediated low-value grants In case of intermediated low-value grants to natural persons or SMEs, no specific grant agreement with the final beneficiaries and no gathering and publication of the final beneficiary shall be necessary.
Amendment 274 #
Proposal for a regulation
Article 213 – paragraph 4 – subparagraph 2
Article 213 – paragraph 4 – subparagraph 2
For financial instruments and budgetary guarantees implemented under indirect management, the authorising officer responsible shall ensure that unaudited financial statements covering the period 1 January to 31 December prepared in compliance with the accounting rules referred to in Article 80 and with IPSAS, as well as any information necessary to produce financial statements in accordance with Article 82(2), be provided by the entities pursuant to points (c)(ii), (iii), (v) and (vi) of the first subparagraph of Article 62(1) by 15 February of the following financial year and that audited financial statements be provided by those entities by 15 AprilMay of the following financial year.
Amendment 275 #
Proposal for a regulation
Article 214 – paragraph 3 a (new)
Article 214 – paragraph 3 a (new)
3 a. Budgetary guarantees may be denominated in other currencies than euro if this is to provide for the equal access to them or if this is justified by the objectives of the basic act. Article 19 shall apply accordingly.
Amendment 295 #
Proposal for a regulation
Article 275 – paragraph 2
Article 275 – paragraph 2
2. Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) No 966/2012 and Delegated Regulation (EU) No 1268/2012 shall continue to apply to legal commitments entered into before the entry into force of this Regulation. The existing pillar assessments, contribution agreement templates and financial framework partnership agreements mayshall continue to apply and shall be reviewed as appropriate.
Amendment 296 #
Proposal for a regulation
Article 275 – paragraph 4
Article 275 – paragraph 4
4. The obligations set out in Article 38, first and third subparagraph of paragraph 4 and in paragraph 6, shall apply only to programmes adopted under and financed from the post-2027 multiannual financial framework.