Activities of Lambert van NISTELROOIJ related to 2018/0196(COD)
Plenary speeches (1)
Common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those (debate) NL
Amendments (63)
Amendment 156 #
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. Exception to be made in case of cross- border, transnational cooperation, and the financing of innovative actions or pilot projects that may allow the transfer of the results obtained to other EU territories thus allowing an improvement in the capitalization of the results for the common interest.
Amendment 191 #
Proposal for a regulation
Recital 11
Recital 11
(11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to applybe reviewed and replaced by a new Commission Delegated Regulation. _________________ 13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 195 #
Proposal for a regulation
Recital 11
Recital 11
(11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of regional and local authorities, civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to apply. _________________ 13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 213 #
Proposal for a regulation
Recital 12
Recital 12
(12) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve as basis to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU.
Amendment 221 #
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should determine how relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents. During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs., as well as the implementation of the European Pillar of Social Rights. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.
Amendment 247 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and, including the relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.
Amendment 285 #
Proposal for a regulation
Recital 34
Recital 34
(34) As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. Member States should consult the Monitoring Committees in the elaboration of such simplified cost options.
Amendment 507 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) relevant bodies representing civil society, beneficiaries, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non- discrimination.
Amendment 508 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(c a) Member States shall allocate an appropriate % of the ERDF resources for the capacity building of social partners and civil society organisations.
Amendment 517 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners as equal stakeholders in the preparation of Partnership Agreements and throughout the preparation and, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34.
Amendment 524 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The organisation and implementation of partnership shall be carried out in accordance with reviewed Commission Delegated Regulation (EU) No 240/201438 . _________________ 38 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1), which is fully applied to thus regulation (EU) [CPR] laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument.
Amendment 534 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. At least ontwice a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes.
Amendment 549 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall prepare a Partnership Agreement according to the revised Code of Conduct engaging the local partners, which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.
Amendment 578 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations and regional specificities;
Amendment 579 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendations and regional strategies;
Amendment 604 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the preliminary financial allocation from each of the Funds by policy objective at national and regional level, respecting Fund-specific rules on thematic concentration;
Amendment 611 #
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) the amounts to be contributed to InvestEU by Fund and by category of regions, where the member States, in agreement with partners in the partnership, decides to make use of the option to deliver ERDF, ESF+, Cohesion Fund and/or EMFF through InvestEU;
Amendment 645 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund- specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations. and their regional dimension;
Amendment 646 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund- specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations and regional specificities.
Amendment 670 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. As of 1 January 2022 Member States may allocate, in the Partnership Agreement or in the request for an amendment of a programme, the amount of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees. The amount to be contributed to InvestEU shall not exceed 54 % of the total allocation of each Fund, except in duly justified cases. Such contributions shall not constitute transfers of resources under Article 21 i.e. territorial cooperation, and the financing of innovative actions or pilot projects with transfer of the results obtained to other EU territories. Such contributions shall not constitute transfers of resources under Article 21 in full respect of the Code of Conduct for Partnership and Multi-Level Governance, and shall be governed by the rules of InvestEU. Whenever an amount of ERDF, ESF+, Cohesion Fund and the EMFF is contributed to Invest EU, the enabling conditions as described in Article 11 of this regulation should apply.
Amendment 689 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 DecemberJanuary 20212 for an amount referred to in paragraph 1 allocated in the Partnership Agreement, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.
Amendment 727 #
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1 a (new)
Article 11 – paragraph 6 – subparagraph 1 a (new)
In the event of a disagreement between the Commission and a Member State on the applicability of an enabling condition of a programme or its fullfilment, the Commission shall bear the burden of proving the applicability or the non- fullfiment along defined criteria by means of a reasoned opinion.
Amendment 835 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union averageindicators included in the Social Scoreboard and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.
Amendment 984 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, also take into account relevant country-specific recommendations.
Amendment 1033 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 5 % of the initial allocation of a priority and no more than 3 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region. For the programmes of the AMIF, the ISF and the BMVI, the Member State may transfer during the programming period an amount of up to 15% of the initial allocation of a priority to another priority of the same Fund.
Amendment 1105 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) another territorial tool supporting initiatives designed by the Member Statemanaging authorities of programmes for investments programmed for the ERDF under the policy objective referred in Article 4(1)(e).
Amendment 1107 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under the policy objective referred in Article 4(1)(e).
Amendment 1214 #
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Article 31 – paragraph 2 – introductory part
2. TOn the basis of the financing plan in the operational programme, the percentage of the Funds reimbursed for technical assistance shall be the following:
Amendment 1222 #
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 23,5 %;
Amendment 1241 #
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for the ESF+ support: 4% and for programmes under Article 4(1)(c)(vii) of the ESF+ Regulation: 54 %;
Amendment 1284 #
Proposal for a regulation
Article 35 – paragraph 1 – point i a (new)
Article 35 – paragraph 1 – point i a (new)
(ia) the measures linked to simplified cost options for beneficiaries.
Amendment 1309 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
The managing authority shall electronically transmit to the Commission cumulative data for each programme by 31 January, 31 March, 31 May0 April, 31 July, 30 Septem1 October and 30 November of each year in accordance with the template set out in Annex VII.
Amendment 1320 #
Proposal for a regulation
Article 37 – paragraph 3 – introductory part
Article 37 – paragraph 3 – introductory part
3. For financial instruments, data shall also be provided on the following once a year, by 30 April:
Amendment 1329 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Article 39 – paragraph 1 – subparagraph 1 (new)
Projects labelled with a Seal of Excellence and receiving support from the European Regional Development Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development in accordance with paragraph 5 of Article [67] of this Regulation and Article [8] of Regulation (EU) XX [Financing, management and monitoring of the Common Agricultural Policy] will be exempted from the second evaluation process, given that they contribute to the objectives of the Funds providing funding.
Amendment 1343 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. The results of the evaluation should be published on the website of the Commission and widely disseminated via all possible media.
Amendment 1345 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. The evaluation of each Fund shall contain an impact assessment of the transferred funds from other programmes, demonstrating the added value of the transfer and its contribution to the common objectives, where appropriate.
Amendment 1347 #
Proposal for a regulation
Article 40 – paragraph 2 b (new)
Article 40 – paragraph 2 b (new)
2b. In case of the transfer of Funds to the Horizon Europe Programme, a final common evaluation shall be completed by the Commission at the end of the implementation of the Programme, by 30 June 2029.
Amendment 1361 #
Proposal for a regulation
Article 45 – paragraph 1 – point c – introductory part
Article 45 – paragraph 1 – point c – introductory part
(c) publicly displaying permanent plaques or billboards of a significant size readily visible to the public as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:
Amendment 1365 #
Proposal for a regulation
Article 45 – paragraph 1 – point e a (new)
Article 45 – paragraph 1 – point e a (new)
(ea) publicly and permanently displaying the Union emblem in a way that is readily visible to the public and in accordance with the technical characteristics laid down in Annex VIII as of the moment of the physical implementation of operations involving physical investment, or of the purchase of equipment;
Amendment 1367 #
Amendment 1379 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a) or 48(2)(c).
Amendment 1384 #
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) by dividing the latest documented annual gross employment costs, with expected additional costs in order to take account of factors such as increases in tariffs or promotions, by 1720 hours for persons working full time, or by a corresponding pro-rata of 1720 hours, for persons working part-time;
Amendment 1387 #
(b) by dividing the latest documented monthly gross employment costs, with expected additional costs in order to take account of factors such as increases in tariffs or promotions, by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.
Amendment 1398 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources, following the outcome of the ex ante assessment.
Amendment 1404 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
The managing authority shall select the body implementing a financial instrument, which should be possible through the direct award of a contract.
Amendment 1415 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support; or, where applicable, to cover the losses in the nominal amount of the Funds contribution to the financial instrument resulting from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments; or to cover differentiated treatments of investors, until the end of the eligibility period.
Amendment 1421 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or an independethe ex ante assessment performed in line with Article 52 of this Regulation.
Amendment 1424 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re- used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investment and for any management costs and fees.
Amendment 1460 #
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
For point (d) of paragraph 1, management fees shall, in principle, be performance based. For the first six months of implementation of the financial instruments, base remuneration for management costs and fees is eligible. Where bodies implementing a holding fund and/or specific funds, pursuant to Article 53(3), are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts, and up to 8% of the total amount of programme contributions disbursed to final recipients in equity or quasi-equity investments.
Amendment 1509 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The audit authority shall be a public or private authority, functionally independent from the auditees.
Amendment 1560 #
Proposal for a regulation
Article 67 – paragraph 6
Article 67 – paragraph 6
6. When the managing authority selects an operation of strategic importance, it shall inform the Commission immediately and shall provide all relevant information to the Commission about that operation. Seal of Excellence operations should apply the rules of the Fund providing the exemptions to state aid rules.
Amendment 1592 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The audit authority shall, after consulting the managing authority, prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes.
Amendment 1632 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point a
Article 84 – paragraph 2 – subparagraph 1 – point a
(a) 2021: 0.51 %;
Amendment 1657 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
Article 84 – paragraph 2 – subparagraph 1 – point b
(b) 2022: 0.51 %;
Amendment 1677 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
Article 84 – paragraph 2 – subparagraph 1 – point c
(c) 2023: 0.52 %;
Amendment 1686 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
Article 84 – paragraph 2 – subparagraph 1 – point d
(d) 2024: 0.2,5 %;
Amendment 1703 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
Article 84 – paragraph 2 – subparagraph 1 – point e
(e) 2025: 0.2,75 %;
Amendment 1735 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point f
Article 84 – paragraph 2 – subparagraph 1 – point f
(f) 2026: 0.53 %
Amendment 1915 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 1926 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5580 % for the transition regions;
Amendment 1951 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 1983 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 4
Article 106 – paragraph 3 – subparagraph 4
The ESF+ Regulation may establish higher co-financing rates for priorities supporting innovative actions in accordance with Article [14] of that Regulation., as well as for the fight against material deprivation and social exclusion according to article [7] paragraph [4] of the ESF+ Regulation.
Amendment 2003 #
Proposal for a regulation
Article 110 – paragraph 1
Article 110 – paragraph 1
Regulation (EC) No 1303/2013 or any other act applicable to the 2014–2020 programming period shall continue to apply to programmes and operations supported by the ERDF, the ESF+, the Cohesion Fund and the EMFF under that period. Commission Delegated Regulation (EU) no 240/2014 shall continue to apply for the 2014-2020 programming period, but will also be applicable to the entire 2021-2027 programming period.