60 Amendments of Vladimír MAŇKA related to 2016/0282(COD)
Amendment 217 #
Proposal for a regulation
Recital 4
Recital 4
(4) Up to 10% of theThe possibility to carry over remaining unallocated funds of the Instrument for Pre-accession Assistance (IPA II), the European Neighbourhood Instrument and the financing instrument for development cooperation (DCI) may be kept unallocated at the beginning of the financial year to allow additional fundingshould be introduced, within a limit of 10% of the initial appropriations of each instrument, in order to increase capacity to respond to major unforeseen needs, new crises situations or significant political shifts in thirde countries, in addition to the amo concerned by those instruments and avoid pressure to commit unallocated funtds already programmedtowards the end of the year. These unallocated funds, if not committed during the year, should be carried over by a Decision of the Commission, whilst ensuring that they are spent in accordance with the specific objectives of their initial instrument and governed by the rules and bodies relating to that instrument.
Amendment 253 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 256 #
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60 a) Financial instruments enable the Member States to reuse unspent resources from the European Structural and Investment Funds for future purposes. The coordination, synergy, and complementarity of these funds and EFSI for the benefit of the Member State and the regions concerned, and supporting thematic objectives of the Cohesion Policy, should remain possible under Article 265.
Amendment 295 #
Proposal for a regulation
Recital 144
Recital 144
(144) It should be clarified that, where financial instruments are combined with other forms of support from the Union budget, the rules on financial instruments should apply. Such rules should be complemented, where applicable, by specific requirements stemming from the sector -specific legislation should apply.
Amendment 318 #
Proposal for a regulation
Recital 164
Recital 164
(164) The Commission should be authorised to create and manage Union trust funds for emergency, post-emergency or thematic actions not only in external actions but also in EU-internal actions. Recent events in the European Union show the need for increased flexibility for funding within the EU. As the boundaries between external and internal policies are increasingly blurred, this would also provide a tool for replying to cross-border challengefor external actions. It is necessary to specify the principles applicable to the contributions to Unionthese Trust Funds, to clarify the responsibilities of the financial actors and of the Board of the Trust Fund. It is also necessary to define rules ensuring a fair representation of the participating donors in the Board of the Trust Fund and a mandatory positive vote of the Commission for the use of the funds.
Amendment 329 #
Proposal for a regulation
Recital 178
Recital 178
Amendment 382 #
Proposal for a regulation
Article 2 – paragraph 1 – point 51 a (new)
Article 2 – paragraph 1 – point 51 a (new)
51 a. "small grant" means a grant above EUR 60 000 and lower than or equal to EUR 250 000;
Amendment 388 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point e
Article 12 – paragraph 2 – subparagraph 1 – point e
(e) appropriations kept unallocated at the beginning of the financial year relating to the funds referred to in Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre- accession Assistance (IPA II), Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (ENI) and Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 (DCI), within a limit of 10% of the initial appropriations of each which were kept unallocated in order to allow for more flexibility in responding to unforeseen needs and which were not committed during the financial year, within a limit of 10% of the initial appropriations of each instrument. These appropriations shall be spent in accordance with the specific objectives of their initial instrument and governed by the rules and bodies relating to that instrument.
Amendment 390 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point e a (new)
Article 12 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) - non-cumulative carry over appropriations could be introduced for non-personnel budget lines up to 5 % of the budget line concerned.
Amendment 399 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. In respect of non-differentiated appropriations a distinction shall be made between planned and unplanned carry- overs. The definition and reporting of those categories should be established in guidelines by the Commission in agreement with the European Parliament and the Court of Auditors.
Amendment 442 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
The information on recipients of Union’s funds implemented under direct implementation shall be published on an internet site of the Union institutionsin the Financial Transparency System, no later than 30 June of the year following the financial year in which the funds were legally committdisbursed.;
Amendment 445 #
Proposal for a regulation
Article 36 – paragraph 2 – subparagraph 1 – point c
Article 36 – paragraph 2 – subparagraph 1 – point c
(c) the amount legally committedpaid to the recipient;
Amendment 460 #
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Where the Commission makes use of Union Trust Funds for external actions, it shall attach to the draft budget a working document on the activities supported by Unionthese Trust Funds, on their implementation and performance.
Amendment 469 #
Proposal for a regulation
Article 50 – paragraph 1 – point a – point v a (new)
Article 50 – paragraph 1 – point a – point v a (new)
(v a) all revenue and expenditure under the respective European Development Funds entered under a special budget heading within the Commission section;
Amendment 473 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. Citizens may be consulted on the aims of future implementation of a specific part of the Union budget by the Commission, Member States or any other ent entity responsible for itys implementing the Union budgetation.
Amendment 474 #
Proposal for a regulation
Article 56 – paragraph 2 – point a – paragraph 2
Article 56 – paragraph 2 – point a – paragraph 2
The total amount of appropriations for the pilot projects shall not exceed EUR 40 000 000 in any financial year, not including pilot projects proposed by the Commission.
Amendment 476 #
Proposal for a regulation
Article 56 – paragraph 2 – point b – paragraph 2
Article 56 – paragraph 2 – point b – paragraph 2
The total amount of appropriations for new preparatory actions referred to under this point shall not exceed EUR 50 000 000 in any financial year, and the total amount of appropriations actually committed for preparatory actions shall not exceed EUR 100 000 000, not including preparatory actions proposed by the Commission.
Amendment 492 #
Proposal for a regulation
Article 69 – paragraph 6
Article 69 – paragraph 6
6. An independent external auditor shall verify that the annual accounts of each of the bodies referred to in paragraph 1 of this Article properly present the income, expenditure and financial position of the relevant body prior to the consolidation in the Commission's final accounts. Unless otherwise provided in the basic act referred to in paragraph 1 of this Article, the Court of Auditors shall prepare a Specific Annual Report on each body in line with the requirements of Article 287(1) TFEU. In preparing this report, the Court shall consider the audit work performed by the independent external auditor and the action taken in response to the auditor's findings. In the case of the decentralized agencies, the audit should remain under the full responsibility of the Court of Auditors in line with the paragraph 54 of Common Approach of the Agreement of the Parliament, the Council and the Commission.
Amendment 499 #
Proposal for a regulation
Article 73 – paragraph 6 – subparagraph 3
Article 73 – paragraph 6 – subparagraph 3
Where the authorising officer by delegation implements financial audits of beneficiaries as ex-post controls, the related audit rules shall be clear, consistent and transparent, andinclude timeframes and they shall be made available to beneficiaries when signing the grant agreement. Audit rules shall respect the rights of both the Commission and the auditees and allow for appeal.
Amendment 502 #
Proposal for a regulation
Article 73 – paragraph 7 – subparagraph 2 – point a
Article 73 – paragraph 7 – subparagraph 2 – point a
(a) that the authorising officers by sub- delegation and their staff receive regularly updated and appropriate information and training concerning the control standards and the methods and techniques available for that purpose on the basis of common guidelines;
Amendment 522 #
Proposal for a regulation
Article 121 – paragraph 1 – subparagraph 1 – point e – point ii
Article 121 – paragraph 1 – subparagraph 1 – point e – point ii
(ii) the achievement of resuloutputs measured by reference to the previously set milestones or through performance indicators;
Amendment 538 #
Proposal for a regulation
Article 125 – paragraph 1
Article 125 – paragraph 1
Amendment 543 #
Proposal for a regulation
Article 127 – paragraph 4 – subparagraph 2
Article 127 – paragraph 4 – subparagraph 2
In case of financing referred to in point (e) of Article 121(1) the authorising officer responsible may reduce the contribution proportionally if the resuloutputs have been achieved poorly, partially or late or the conditions have not been fulfilled.
Amendment 550 #
Proposal for a regulation
Article 147 – paragraph 1 – subparagraph 1 – introductory part
Article 147 – paragraph 1 – subparagraph 1 – introductory part
Except for low value contracts and low value grants, and small grants, the authorising officer responsible may, if proportionate and subject to a risk-analysis, require a guarantee to be submitted:
Amendment 569 #
Proposal for a regulation
Article 174 – paragraph 2 – subparagraph 1 – point b
Article 174 – paragraph 2 – subparagraph 1 – point b
(b) the functioning of a body which has an objective forming part of, and supporting,pursues an aim of general Union interest or has an objective forming part of, and contributing to the development, implementation and evaluation of a Union policy ('operating grants').
Amendment 571 #
Proposal for a regulation
Article 175 – paragraph 2
Article 175 – paragraph 2
Amendment 575 #
Proposal for a regulation
Article 175 – paragraph 4 – point d
Article 175 – paragraph 4 – point d
(d) where possible, the essential conditions triggering the payment, including, where applicable, the achievement of outputfor non-cost based actions description of milestones or performance indicators;
Amendment 576 #
Proposal for a regulation
Article 175 – paragraph 4 – point e
Article 175 – paragraph 4 – point e
(e) description of the conditions for ensuring that the principle of sound financial management is respected and the co-financing and no-profit principle isare reasonably complied with;
Amendment 578 #
Proposal for a regulation
Article 175 – paragraph 6
Article 175 – paragraph 6
6. The authorising officer responsible mayshall authorise or impose, in the form of flat-rates, funding of the beneficiary's indirect costs up tof a maximum of 715 % of total eligible direct costs for the action. A higher flat rate may be authorised by a reasoned Commission decision.
Amendment 579 #
Proposal for a regulation
Article 175 – paragraph 6
Article 175 – paragraph 6
6. The authorising officer responsible mayshall authorise or impose, in the form of flat-rates, funding of the beneficiary's indirect costs up tof a maximum of 715 % of total eligible direct costs for the action. A higher flat rate may be authorised by a reasoned Commission decision.
Amendment 580 #
Proposal for a regulation
Article 175 – paragraph 8
Article 175 – paragraph 8
8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6; these costs may be declared up to 50% of the sum, which the beneficiary shall pay under co-financing of the project, with the exception of the actions taking place in an emergency, or post- emergency situation, to which the limitation shall not apply.
Amendment 581 #
Proposal for a regulation
Article 175 – paragraph 8
Article 175 – paragraph 8
8. Beneficiaries may declare personnel costs for the work carried out by volunteers under an action or work programme, on the basis of unit costs authorised in accordance with paragraphs 1 to 6. Volunteers’' work is to be understood as unpaid non-compulsory activity: time individuals give without pay to activities performed through a not-for-profit organization.
Amendment 587 #
Proposal for a regulation
Article 180 – paragraph 2 – point b
Article 180 – paragraph 2 – point b
(b) where the estimated eligible costs include costs for volunteers' work referred to in paragraph 8 of Article 175, the grant shall not exceed the estimated eligible costs other than the costs for volunteers' work. The costs for volunteer work may be declared up to 50% of the sum, which the beneficiary shall pay under co- financing of the project, with the exception of the actions taking place in an emergency, or post-emergency situation, to which the limitation shall not apply.
Amendment 589 #
Proposal for a regulation
Article 182 – paragraph 1 – point e a (new)
Article 182 – paragraph 1 – point e a (new)
(ea) no-profit
Amendment 591 #
Proposal for a regulation
Article 183 – paragraph -1 (new)
Article 183 – paragraph -1 (new)
–1. Grants shall be subject to a work programme, to be published prior to its implementation.
Amendment 592 #
Proposal for a regulation
Article 183 – paragraph 3 – introductory part
Article 183 – paragraph 3 – introductory part
3. Following the publication referred to in paragraphs 1 and 2, when requested by the European Parliament and the Council, the Commission shall forwardmake public a report to them on:
Amendment 596 #
Proposal for a regulation
Article 184 – paragraph 1 – subparagraph 2 a (new)
Article 184 – paragraph 1 – subparagraph 2 a (new)
In-kind contributions from third parties for the purpose of co-financing shall include volunteers' work, use of equipment, supplies, meeting facilities and services.
Amendment 599 #
Proposal for a regulation
Article 184 – paragraph 3
Article 184 – paragraph 3
3. As an exception to paragraph 1 an external action may be financed in full by the grant where this is essential for it to be carried outundertaken by a partner of the Union that demonstrates its compliance with EC rules and requirements (through the ex-ante assessment) may be financed in full. In such a case grounds shall be provided in the award decision.
Amendment 600 #
Proposal for a regulation
Article 185 – paragraph 4 – introductory part
Article 185 – paragraph 4 – introductory part
4. Paragraphs 1, 2 and 32 shall not apply to:
Amendment 603 #
Proposal for a regulation
Article 186 – paragraph 4
Article 186 – paragraph 4
4. In the case of operating grants, the grant agreement shall be signed within sixthree months of the start of the beneficiary's financial year. Costs eligible for financing may neither have been incurred before the grant application was submitted nor before the start of the beneficiary's financial year.
Amendment 604 #
Proposal for a regulation
Article 186 a (new)
Article 186 a (new)
Amendment 625 #
Proposal for a regulation
Article 202 – paragraph 1 – point g a (new)
Article 202 – paragraph 1 – point g a (new)
(ga) - agreements and performance measures shall need to be well-designed and carefully implemented; the Commission shall not allow the calculation of administrative fees as a percentage of the cumulative Union contribution committed, including uncalled budgetary commitments.
Amendment 631 #
Proposal for a regulation
Article 205 – paragraph 1
Article 205 – paragraph 1
1. The provisions made to cover the financial liabilities arising from financial instruments, budgetary guarantees or financial assistance shall be held in a common provisioning fund directly implemented by the Commission. The Commission shall inform and consult the European Parliament on the operation of the common provisioning fund and the calculation of its provisioning rate;
Amendment 647 #
Proposal for a regulation
Article 215 – paragraph 7
Article 215 – paragraph 7
7. If a European political foundation within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may, by derogation from the no-profit principle laid down in Article 186a be carried over to the following year provided that it is used before the end of the first quarter of that following year.
Amendment 648 #
Proposal for a regulation
Article 215 – paragraph 7 a (new)
Article 215 – paragraph 7 a (new)
7a. If a European political party within the meaning of Regulation (EU, Euratom) No 1141/2014 realises a surplus of income over expenditure at the end of a financial year in which it received an operating grant, the part of that surplus corresponding to up to 25 % of the total income for that year may, by derogation from the no-profit principle laid down in Article 186 a be carried over to the following year provided that it is used before the end of the first quarter of that following year.
Amendment 651 #
Proposal for a regulation
Article 227 – title
Article 227 – title
Trust Funds for external actions
Amendment 653 #
Proposal for a regulation
Article 227 – paragraph 1
Article 227 – paragraph 1
1. For emergency, or post-emergency or thematic actions, the Commission may create, after informing the European Parliament and the Council, trust funds for external actions under an agreement concluded with other donors. By means of delegated acts, the Commission may also decide to create trust funds for thematic actions in the field of external policies under an agreement concluded with other donors. The constitutive act of each trust fund shall define the objectives of the trust fund. The Commission decision establishing the trust fund shall include a description of the fund's objectives, the justification for its creation in accordance with paragraph 3, an indication of its duration and the preliminary agreements with other donors.
Amendment 655 #
Proposal for a regulation
Article 227 – paragraph 1
Article 227 – paragraph 1
1. For emergency, post-emergency or thematic actions, the Commission may create, after informing within the Union external policies, the Commission may propose to the European Parliament and the Council, trust funds under an agreement concluded with other donors. The constitutive act of each trust fund shall define the objectives of the trust fund. The Commission decision establishing the trust fund shall include a description of the fund's objectives, the justification for its creation in accordance with paragraph 3, an indication of its duration and the preliminary agreements with other donors.
Amendment 658 #
Proposal for a regulation
Article 227 – paragraph 3 – point a
Article 227 – paragraph 3 – point a
(a) there is added value based on previous impact assessment to the Union intervention: trust funds shall only be created and implemented at Union level where their objectives, in particular by reason of their scale or potential effects, may be better achieved at Union level than at national level;
Amendment 660 #
Proposal for a regulation
Article 227 – paragraph 3 – point a a (new)
Article 227 – paragraph 3 – point a a (new)
(aa) the financial contributions from third parties shall exceed the Union contributions by at least 66% for legitimising the existence of the Union trust funds;
Amendment 662 #
Proposal for a regulation
Article 227 – paragraph 3 – point b a (new)
Article 227 – paragraph 3 – point b a (new)
(ba) Union trust funds objectives shall be aligned with the objectives of the Union instruments from which they are resourced.
Amendment 666 #
Proposal for a regulation
Article 227 – paragraph 5 – subparagraph 1
Article 227 – paragraph 5 – subparagraph 1
Union trust funds shall be created for a limited duration determined in their constitutive act. This duration may be extended by a decision of the European Parliament and the Council following a proposal by the Commission upon request of the board of the trust fund concerned. The European Parliament and/or the Council may request the Commission to discontinue appropriations for that trust fund or to revise the constitutive act with a view to the liquidation of the trust fund, where appropriate. In such event, any remaining funds shall be returned on a pro rata basis to the budget as general revenue and to the contributing Member States and other donors.
Amendment 668 #
Proposal for a regulation
Article 228 – title
Article 228 – title
Implementation of trust funds for external actions
Amendment 670 #
Proposal for a regulation
Article 228 – paragraph 2
Article 228 – paragraph 2
2. Actions financed under Union trust funds may be implemented directly by the Commission pursuant to point (a) of Article 61(1) and in indirect implementation with the entities pursuant to points (i), (ii), (iii), (v), and (vi) of Article 61(1)(c) and comply with the financial rules.
Amendment 695 #
Proposal for a regulation
Article 265 – paragraph 1 – point 4
Article 265 – paragraph 1 – point 4
Regulation (EU) N° 1303/2013
article 9
article 9
The priorities established for each of the ESI Funds in the Fund specific rules shall in particular cover the appropriate use of each Fund infor the areas ofcomprehensive support of (potential) migrationnts and asylumrefugees and especially for integration measures, based on the Union's values as set in Article 2 of the TEU.
Amendment 698 #
Proposal for a regulation
Article 265 – paragraph 1 – point 6
Article 265 – paragraph 1 – point 6
Amendment 747 #
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) N° 1304/2013
Annex 1, paragraph 1
Annex 1, paragraph 1
Amendment 748 #
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) N° 1304/2013
Annex 1, paragraph 1
Annex 1, paragraph 1
Amendment 749 #
Proposal for a regulation
Article 266 – paragraph 1 – point 3
Article 266 – paragraph 1 – point 3
Regulation (EU) N° 1304/2013
Annex 1, paragraph 1
Annex 1, paragraph 1
Amendment 750 #
Proposal for a regulation
Article 266 – paragraph 1 – point 3 Regulation (EU) N° 1304/2013
Article 266 – paragraph 1 – point 3 Regulation (EU) N° 1304/2013
The data on participants under the two first above indicators will be provided in the annual implementation reports as specified in Article 50(4) of Regulation (EU) No 1303/2013. The data on participants under the last three above indicators will be provided in the reports as specified in Article 50(5) of Regulation (EU) No 1303/2013. The data of the five indicators above shall be collected based on a representative sample of participants within each investment priority. Internal validity shall be ensured in such a way that the data can be generalised at the level of the investment priority.