[ParlTrack]

Proposal for a regulation
Recital 13

(13) Union legislation should be of high quality, focus on areas where it produces greatest added value for European citizens, businesses and beneficiaries of EU investment, and is as effective and efficient as possible in delivering the common policy objectives of the Union16 . Subjecting existing and new spending programmes and activities entailing significant spending to evaluation can help achieve these objectives. __________________ 16 OJ L 123, 12 May 2016, p.1. – Interinstitutional agreement on Better Law- Making.

2017/03/13
Committee: REGI

Daniel BUDA, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 14

(14) The principle of transparency, enshrined in Article 15 TFEU which requires the institutions to work as openly as possible, implies, in the area of the implementation of the budget, that citizens are able to know where, and for what purpose, funds are spent by the Union. Such information fosters democratic debate, contributes to the participation of citizens in the Union’s decision-making process and reinforces institutional control and scrutiny over Union expenditure. Communication should be more targeted on recipients, aimed at increasing interaction with citizens by ensuring through defined instruments, that the messages have been received by beneficiaries. Such objectives should be achieved by the publication, preferably using modern communication tools, of relevant information concerning all recipients of Union funds which takes into account such all recipients’ legitimate interests of confidentiality and security and, as far as natural persons are concerned, their right to privacy and the protection of their personal data. Institutions should therefore adopt a selective approach in the publication of information, in accordance with the principle of proportionality. Decisions to publish should be based on relevant criteria in order to provide meaningful information.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 24

(24) In the interest of increased readability and transparency of data on financial instruments implemented under direct and indirect implementation, it is appropriate to merge all reporting requirements in one single working document attached to the draft budget, to be used for a separate performance evaluation and assessment of the contribution to EU Cohesion Policy.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 59

(59) It is also important to avoid that recipients of EU funds are audited several times by different national and EU entities on the use of these funds. It is therefore necessary to foresee the possibility to rely on audits already carried out by independent auditors provided that they are based on internationally accepted standards, that they provide reasonable assurance, and that they have been conducted on the financial statements and reports setting out the use of the Union contribution. Such audits should then form the basis of the overall assurance on the use of EU funds.

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Jan OLBRYCHT, Andrey NOVAKOV

Proposal for a regulation
Recital 60

(60) It is important to allow Member States to request that resources allocated to them under shared implementation are transferred at Union level and implemented by the Commission in direct or indirect implementation, where possible for the benefit of the Member State concerned. This would optimise the use of these resources and of the instruments established under this Regulation or under sector specific Regulations including the EFSI Regulation, to which the Member States would request these resources to be transferred. In order to guarantee an efficient implementation of these instruments, it is necessary to foresee that where resources are transferred to instruments established under this Regulation or under sector specific Regulations including the EFSI Regulation, the rules of those regulations shall apply.deleted

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 88

(88) Progress towards the electronic exchange of information and electronic submission of documents, including e- procurement, which constitute a major simplification measure, should be accompanied by clear conditions for the acceptance of the systems to be used, so as to establish a legally sound environment while preserving flexibility in the management of Union funds for the participants, recipients and the authorising offices as provided for in this Regulation.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 108

(108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way, while alleviating administrative burden on recipients of EU funding and on managing authorities. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 125

(125) In order to simplify procedures and improve the readability of this Regulation provisions related to the content of the grant application, of the call for proposals and of the grant agreement should be simplified and streamlined, especially in view of encouraging public private partnerships and achieving synergy through combinations with other sources of EU funding and private investment.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 137

(137) Financial instruments can be valuable in multiplying the effect of Union funds when those funds ~~are pooled~~complement grants and are in synergy with other funds and include a leverage effect. Financial instruments should only be implemented if there is no risk of substituting existing public or private financing, market distortion or inconsistency with state aid rules.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Recital 138

(138) Within the framework of the annual appropriations authorised by the European Parliament and the Council for a given programme, financial instruments should be used on the basis of an ex ante evaluation demonstrating that they are effective for the achievement of the Union’s policy objectives, including the achievement of the 11 thematic objectives of EU’s Cohesion Policy.

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Andrey NOVAKOV, Jan OLBRYCHT

Proposal for a regulation
Recital 178

(178) In view of optimising the use of the financial resources allocated to Member States under Cohesion policy, it is necessary to allow Member States to transfer ESI Funds allocation to instruments established under the Financial Regulation or under sector specific Regulations.deleted

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Jan OLBRYCHT, Andrey NOVAKOV

Proposal for a regulation
Recital 184

(184) In adopting Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal – the European Fund for Strategic Investments (EFSI) – it was desired to enable Member States to use ESI Funds to contribute to the financing of eligible projects ~~that ar~~in which the EIB itself, or through the EIF, is investing with the support~~ed by~~ of the EU guarantee ~~covered by~~, provided that those projects comply with the eligibility criteria and the objectives and principles under the legal framework of the relevant instruments and of the EFSI. A specific provision should be introduced to set out the terms and conditions to allow for better interaction and complementarity that will facilitate the possibility to combine ESI funds with EIB financial products under the EFSI’s Union Guarantee.

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Jan OLBRYCHT, Andrey NOVAKOV

Proposal for a regulation
Recital 188

(188) In order to incentivise private investors to co-invest in public policy projects, the concept of differentiated treatment of investors, which allows under specific conditions that ESI Funds can take a subordinated position to a private investor ~~and EIB financial products under the EFSI’s EU Guarantee,~~ should be introduced. At the same time, the conditions for application of such a differentiated treatment when implementing ESI funds should be laid down.

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Article 31 – paragraph 2 – point b

(b) progress in the achievement of objectives shall be monitored with performance indicators, specifically focused on ex-post impact, outcomes and EU added value;

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Andrey NOVAKOV, Jan OLBRYCHT

Proposal for a regulation
Article 125

Transfer of resources to instruments established under this Regulation or Resources allocated to Member States under shared implementation may, at their request, be transferred to instruments established under this Regulation or under sector specific Regulations. The Commission shall implement these resources in accordance with point (a) or (c) of Article 61(1), where possible for the benefit of the Member State concerned. In addition resources allocated to Member States under shared implementation may at their request be used to enhance the risk- bearing capacity of the EFSI. In such cases, EFSI rules shall apply.Article 125 deleted sector specific Regulations

2017/03/13
Committee: REGI

Andrey NOVAKOV, Lambert van NISTELROOIJ

Proposal for a regulation
Article 208 – paragraph 3

3. The Commission shall ensure a harmonised and simplified management of financial instruments in particular in the area of accounting, reporting, monitoring and financial risk management.

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Jan OLBRYCHT, Andrey NOVAKOV

Proposal for a regulation
Article 265 – paragraph 1 – point 6

~~6. The following Article 30a is inserted: [...]~~deleted

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Jan OLBRYCHT, Andrey NOVAKOV

Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point ii

“When implementing the financial instrument, the bodies referred to in points (a)to (d) of the first subparagraph shall ~~ensure compliance~~comply with applicable law, including rules covering the ESI Funds, State aid, public procurement and relevant standards and applicable legislation on the prevention of money laundering, the fight against terrorism, tax fraud and tax evasion. Those bodies shall not make use of or engage in tax avoidance structures, in particular aggressive tax planning schemes or practices not complying with tax good governance criteria, as set out in EU legislation including Commission recommendations and communications or or any formal notice by the latter. They shall not be established and, in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co-operate with the Union in relation to the application of the internationally agreed tax standards on transparency and exchange of information. Those bodies may, under their responsibility, conclude agreements with financial intermediaries for the implementation of financial operations. They shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements.”

2017/03/13
Committee: REGI

Lambert van NISTELROOIJ, Jan OLBRYCHT, Andrey NOVAKOV, Tamás DEUTSCH