83 Amendments of Matteo GAZZINI
Amendment 154 #
2023/0264(BUD)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Stresses the importance of the Southern Neighbourhood line in supporting political, economic and social reforms in the region, in providing assistance to refugees, in particular Syrian and Palestinian refugees, and in enabling support along the southern migration routes; proposes, therefore, to increase appropriations for the line by EUR 650 million above DB, including to ensure predictable funding for UNWRA; proposes, however, to withhold funding for UNWRA under the reserve meachanism due to unsolved cases of anti-Semitic incitement;
Amendment 169 #
2023/0264(BUD)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Underlines the need to provide a sufficient level of payment appropriations in the 2024 budget and decides, as a general rule, to reinforce payment appropriations on those lines which are amended in commitment appropriations; reminds once again that an increase of payment appropriations ceilings does not automatically correlate with better absorption capacity of the EU Budget; points out, in this regard, that the amount of outstanding commitments (committed amounts but not yet paid) attained record 452,2 billion EUR at the end of 2022;
Amendment 170 #
2023/0264(BUD)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Reminds with concern that the European Parliament continues to lead very costly building policy (amounting to 18 810 626 EUR in 2023) and to expand the Liaison Offices as well as "Europa Experience" centres (costing 15 399 498 EUR in 2023) all over the Europe;
Amendment 66 #
2022/2079(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s setting up an observatory of critical technologies; urges the Commission to involve the industry in the identification of critical technologies and critical dependencies and to clearly define the mechanisms governing its participation; calls on the Commission to fully integrate the findings of the observatory in its classified report to Member States on critical technologies and risks associated with strategic dependencies affecting security, space and defence; stresses the need for the Commission to further coordinate and facilitate cooperation between the Member States in order to address the existing technology gaps;
Amendment 76 #
2022/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the there is a risk of dependency for the supply of critical materials and of overstretched supply chains that may affect the EU’s capability to stay competitive in the field of critical technologies for security and defence; calls on the Commission to take the lead, while involving the industry, with a special research programme on new materials for critical technologies so as to minimise the EU’s dependency on third countries;
Amendment 84 #
2022/2079(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU defence innovation scheme and the ongoing work with various tools relating to defence and new and dual-use technologies in order to help innovative start-ups and small and medium-sized enterprises overcome high technological, administrative, financial, regulatory and market entry hurdles; calls on the Commission to encourage Member States, as the end users, to fully utilise cross- border innovation networks;
Amendment 96 #
2022/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned about the lack of investment in new, disruptive technologies in the defence and security industry; calls on the Commission to clarify strategic guidelines and regulations to foster investment in the defence industry and establish the necessary cooperative tools and measures to encourage the defence and security industry to invest more in technological innovation in critical technologies for security and defence, in addition to producing existing weapon systems;
Amendment 111 #
2022/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that EU financed and co-financed innovation and development in critical and disruptive defence technologies should lead to a higher degree of interoperability and common procurement of defence equipment by Member States once the technologies developed have reached an appropriate technological readiness level; highlights the need to bring the various European research and innovation programmes more closely into line in order to foster the development of critical technologies in Europe, while bearing in mind the possibility of making dual use of existing ones; asks that the appropriate technological readiness level be defined by the Commission in cooperation with the Member States;
Amendment 120 #
2022/2079(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned about the insufficient level of financing for defence and security from the EU funds; recalls the fact that the European Defence Fund budget was cut by approximately 40 % relative to the Commission’s proposal for the multiannual financial framework (MFF) 2021-2027 and that, within Horizon Europe, Cluster 3: civil security for society has the least amount of resources; calls on the Commission to explore existing funding schemes and alternatives to increase the funding for critical technologies for security and defence under the current MFF, taking into account actual needs in terms of industrial investment;
Amendment 132 #
2022/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need for better dual use of existing civilian technologies, as well as dual- use innovation in the field of critical technologies for security and defence and closer alignment between civil and military applications; stresses the need for better knowledge sharing networks for existing and new technologies so as to enable potential end users and investors to make better use of technologies already on the market or invest in high-potential emerging technologies;
Amendment 7 #
2022/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the fact that sustaining microenterprises, SMEs and mid-caps must remain a key objective for the EIB; reiterates, moreover, that the EIB should further strengthen its support for microenterprises, especially in times of severe crisis, including through cooperation with National Support Banks and local banking networks;
Amendment 14 #
2022/2062(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the EIB's decision to invest EUR 2.1 billion in the modernisation of the Palermo-Catania line, which will reduce the current travel times by a third, linking the two cities with a direct two-hour rail service;
Amendment 19 #
2022/2062(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. AwaitsTakes note of the review of the Climate Bank Roadmap ahead of COP28; expects full alignment with the 1.5 degree pathway, including the exclusion of blue hydrogen infrastructure and road and highway financing, and the requirement to conduct a solid assessment of less carbon-intensive alternatives and ‘Scope 3’ emissmphasises, however, that climate ambitions should not call into question the need to achieve an adequate level of energy security in order to successfully achieve a fast and stable independence of European countries from the Russian Federations;
Amendment 34 #
2022/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates itStresses that if the Parliament's call to work only with clients and financial intermediaries that have credible decarbonisation plans; opposes the exemptions granted under the Paris Alignment for Counterparties (PATH) framework in support of REPowerEU; calls for a halt to fossil fuel financing deemed credible is accepted, there will inevitably be additional costs for European citizens, at a time in which they are already facing the consequences of an unprecedented increase in energy prices;
Amendment 57 #
2022/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned that the EIB has, at least once, failed to conduct a full inquiry into allegations of bribery and misuse of funds involving a financial intermediary outside the EU; calls on the EIB to reopen all such cases and to disclose annually the rate of recovery of funds lent in the event of proven fraud;
Amendment 58 #
2022/2062(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is concerned that the EIB has, at least once, failed to conduct a full inquiry into allegations of bribery and misuse of funds involving a financial intermediary outside the EU; calls on the EIB to reopen all such cases and to freeze projects where credible suspicions of lawbreaking are raised;
Amendment 59 #
2022/2062(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 60 #
2022/2062(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with concern the continued increase in administrative overheads, which is mainly due to the rise in staff related costs; calls on the EIB to exercise cost discipline and to preserve the flexibility and efficiency of its management structure;
Amendment 62 #
2022/2062(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the EIB to reopen the fraud case against ECP Africa, to explain how it botched the initial investigation and to look into significant new evidence supporting this, which was not reviewed as part of the initial investigation;
Amendment 69 #
2022/2062(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 43 #
2022/2051(INL)
Draft opinion
Paragraph 2 – point 6 a (new)
Paragraph 2 – point 6 a (new)
6a. Article 325(4) TFEU shall be amended to impose full budgetary accountability of the NGOs funded by the EU budget and them being submitted to the annual discharge procedure. According to the "ECA Special report 35/2018: Transparency of EU funds implemented by NGOs, more effort needed", in 2014-2017 the European Commission committed an estimated €11.3 billion for implementation by NGOs in many different EU policy areas such as external action, but the level of transparency in respect of the funds implemented by the NGOs is very limited;
Amendment 127 #
2022/0272(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Under certain conditions, all products with digital elements integrated in or connected to a larger electronic information system can serve as an attack vector for malicious actors. As a result, even hardware and software considered as less critical can facilitate the initial compromise of a device or network, enabling malicious actors to gain privileged access to a system or move laterally across systems. Manufacturers should therefore ensure that all connectable products with digital elements connected to external network or device are designed and developed in accordance with essential requirements laid down in this Regulation. This includes both products that can be connected to external networks or device physically via hardware interfaces and products that are connected logically, such as via network sockets, pipes, files, application programming interfaces or any other types of software interface. As cybersecurity threats can propagate through various products with digital elements before reaching a certain target, for example by chaining together multiple vulnerability exploits, manufacturers should also ensure the cybersecurity of those products that are only indirectly connected to other devices or networks.
Amendment 128 #
2022/0272(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This regulation should not apply to the internal networks of a product with digital elements if these networks have dedicated endpoints and are secured from external data connection.
Amendment 129 #
2022/0272(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) This regulation should not apply to spare parts intended solely to replace defective parts of products with digital elements, in order to restore their functionality.
Amendment 141 #
2022/0272(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services,solely occurs when a price is charged for the use of a product with the intention of making a profit or by providing a software platform through which the manufacturer monetises other services, or by the usemonetization of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
Amendment 143 #
2022/0272(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Agricultural and forestry vehicles in scope of Regulations (EU) 167/2013 of the European Parliament and of the Council fall also in the scope of this Regulation. In order to avoid regulatory overlaps, additional cybersecurity requirements in future amendments of Regulation (EU) 167/2013 should not be foreseen.
Amendment 155 #
2022/0272(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Critical products with digital elements should be subject to stricter conformity assessment procedures, while keeping a proportionate approach. For this purpose, critical products with digital elements should be divided into two classes, reflecting the level of cybersecurity risk linked to these categories of products. A potential cyber incident involving products in class II might lead to greater negative impacts than an incident involving products in class I, for instance due to the nature of their cybersecurity-related function or intended use in sensitive environments, and therefore should undergo a stricter conformity assessment procedure. Periodical checks should be carried out to ensure that the list of critical products with digital elements is updated.
Amendment 171 #
2022/0272(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Manufacturers of products with digital elements should put in place coordinated vulnerability disclosure policies that are coordinated in terms of frequency and timing to facilitate the reporting of vulnerabilities by individuals or entities. A coordinated vulnerability disclosure policy should specify a structured process through which vulnerabilities are reported to a manufacturer in a manner allowing the manufacturer to diagnose and remedy such vulnerabilities before detailed vulnerability information is disclosed to third parties or to the public. Given the fact that information about exploitable vulnerabilities in widely used products with digital elements can be sold at high prices on the black market, manufacturers of such products should be able to use programmes, as part of their coordinated vulnerability disclosure policies, to incentivise the reporting of vulnerabilities by ensuring that individuals or entities receive recognition and compensation for their efforts (so-called ‘bug bounty programmes’).
Amendment 190 #
2022/0272(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of updates to the list of critical products in Annex III and specifying the definitions of the these product categories. Such updates shall be carried out periodically by the Commission, ensuring timely changes to the list of critical products in Annex III. Power to adopt acts in accordance with that Article should be delegated to the Commission to identify products with digital elements covered by other Union rules which achieve the same level of protection as this Regulation, specifying whether a limitation or exclusion from the scope of this Regulation would be necessary as well as the scope of that limitation, if applicable. Power to adopt acts in accordance with that Article should also be delegated to the Commission in respect of the potential mandating of certification of certain highly critical products with digital elements based on criticality crieria set out in this Regulation, as well as for specifying the minimum content of the EU declaration of conformity and supplementing the elements to be included in the technical documentation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making33. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 33 OJ L 123, 12.5.2016, p. 1.
Amendment 206 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to products with digital elements whose intended or reasonably foreseeable use includes a direct or indirect logical or physical data connection to an external device or network. This Regulation does not apply to the electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972 in which products with digital elements are integrated.
Amendment 216 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. This Regulation does not apply to free and open-source software, including its source code and modified versions, except when such software is provided in exchange for a price or as a monetised product with the intention of making a profit rather than performing maintenance.
Amendment 218 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. 6 (new) This Regulation does not apply to the internal networks of a product with digital elements if these networks have dedicated endpoints and are secured from external data connection.
Amendment 219 #
2022/0272(COD)
Proposal for a regulation
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. 7 (new) This Regulation shall not apply to spare parts intended solely to replace defective parts of products with digital elements, in order to restore their functionality.
Amendment 230 #
2022/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘physical connection’ means any connection between electronic information systems or components implemented using physical means, including through electrical or mechanical interfaces, wires or radio wav or wires;.
Amendment 252 #
2022/0272(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall not prevent the making available of unfinished software which does not comply with this Regulation provided that the software is only made available for a limited period required for testing purposes and that a visible sign clearly indicates that it does not comply with this Regulation and will not be available on the market for purposes other than testing.
Amendment 258 #
2022/0272(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III by including in the list of categories of critical products with digital elements a new category or withdrawing an existing one from that list. The Commission should carry out periodical checks to assess whether the list of critical products with digital elements needs to be integrated or updated. When assessing the need to amend the list in Annex III, the Commission shall take into account the level of cybersecurity risk related to the category of products with digital elements. In determining the level of cybersecurity risk, one or several of the following criteria shall be taken into account:
Amendment 271 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. For the purposes of complying with the obligation laid down in paragraph 1, manufacturers shall undertake an assessment of the cybersecurity risks associated with a data connection to an external device or network of a product with digital elements and take the outcome of that assessment into account during the planning, design, development, production, delivery and maintenance phases of the product with digital elements with a view to minimising cybersecurity risks, preventing security incidents and minimising the impacts of such incidents, including in relation to the health and safety of users.
Amendment 277 #
2022/0272(COD)
Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
When placing a product with digital elements on the market, and forthe manufacturer shall define the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter, manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I. In doing so, the manufacturer shall ensure that expected product lifetime is in line with reasonable consumer expectations and that it promotes sustainability and the need to ensure long-lasting products with digital elements. Manufacturers shall ensure that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I during at least the expected product lifetime or 10 years, whichever is shorter. Where applicable, the expected product lifetime shall be clearly stated on the product, its packaging or be included in contractual agreements.
Amendment 358 #
2022/0272(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the product with digital elements, with the intention of making a profit, shall be considered a manufacturer for the purposes of this Regulation.
Amendment 369 #
2022/0272(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where harmonised standards referred to in Article 18 do not exist or where the Commission considers that the relevant harmonised standards are insufficient to satisfy the requirements of this Regulation or to comply with the standardisation request of the Commission, or where there are undue delays in the standardisation procedure or where the request for harmonised standards by the Commission has not been accepted by the European standardisation organisations, as a last resort the Commission is empowered, by means of implementing acts, to adopt common specifications in respect of the essential requirements set out in Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51(2).
Amendment 451 #
2022/0272(COD)
Proposal for a regulation
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
3a. 4 (new) By way of derogation, for products with digital elements falling in scope of Regulation (Machinery Regulation proposal) or Regulation (EU) 167/2013 of the European Parliament and of the Council, the application date referred to art. 57 is extended by (36 months).
Amendment 452 #
2022/0272(COD)
Proposal for a regulation
Article 55 – paragraph 3 b (new)
Article 55 – paragraph 3 b (new)
3b. By way of derogation for products with digital elements falling in scope of Regulation (Machinery Regulation proposal) or Regulation 2013/167, where the annual new sales in the EU of each type are fewer than (1000) units, the application date referred to art. 57 is extended by (60 months).
Amendment 456 #
2022/0272(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
It shall apply from [248 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [124 months after the date of entry into force of this Regulation].
Amendment 464 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 3 – introductory part
Annex I – Part 1 – point 3 – introductory part
(3) On the basis of the cybersecurity risk assessment referred to in Article 10(2) and where applicable, products with digital elements shall:
Amendment 469 #
2022/0272(COD)
Proposal for a regulation
Annex I – Part 1 – point 3 – point a a (new)
Annex I – Part 1 – point 3 – point a a (new)
(aa) be placed on the market without any known exploitable vulnerabilities towards an external device or network.
Amendment 504 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part I – point 17
Annex III – Part I – point 17
17. Firewalls, Security Gateways, intrusion detection and/or prevention systems not covered by class II;
Amendment 508 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part I – point 18
Annex III – Part I – point 18
18. Routers, modems intended for the connection to the internet, and switches, and other network nodes that are necessary for the provision of the connectivity service, not covered by class II;
Amendment 516 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part I – point 23 a (new)
Annex III – Part I – point 23 a (new)
Amendment 533 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part II – point 4
Annex III – Part II – point 4
4. Firewalls, Security Gateways, intrusion detection and/or prevention systems intended for industrial use;
Amendment 537 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part II – point 7
Annex III – Part II – point 7
7. Routers, modems intended for the connection to the internet, and switches, and other network nodes that are necessary for the provision of the connectivity service, intended for industrial use;
Amendment 539 #
2022/0272(COD)
Proposal for a regulation
Annex III – Part II – point 11
Annex III – Part II – point 11
11. Smartcards, smartcard readers, biometric readers, and tokens;
Amendment 116 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
Amendment 141 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
Proposal for a regulation
Title II – Chapter 8 a (new)
Title II – Chapter 8 a (new)
Amendment 211 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
Proposal for a regulation
Article 102 – paragraph 4
Article 102 – paragraph 4
Amendment 222 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
Proposal for a regulation
Article 130 – paragraph 2 a (new)
Article 130 – paragraph 2 a (new)
Amendment 236 #
2022/0162(COD)
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 #
2022/0162(COD)
Proposal for a regulation
Article 139 – paragraph 2 – subparagraph 1
Article 139 – paragraph 2 – subparagraph 1
Amendment 260 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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 #
2022/0162(COD)
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.