17 Amendments of Ana GOMES related to 2011/0176(COD)
Amendment 23 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to achieve a balance between the need for effectiveness and efficiency of Union assistance on the one hand, and greater coherence, transparency and democratic scrutiny on the other, the power to adopt acts in accordance with Article 290 of the Treaty of the Functioning of the European Union should be delegated to the Commission in respect of eligible countries and territories (Annex I) and granting assistance to particular countries and territories (Annex II). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 24 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform conditions for the implementation of this Regulation, as regards the approval and management of macro-financial assistance operations in beneficiary countries, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.
Amendment 27 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to amend Points 1 and 2 of Annex I in order to update it following appropriate political decisions regarding countries' status as candidate or potential candidate countries or regarding the scope of the European Neighbourhood Policy.
Amendment 32 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In case the financing needs of the beneficiary country decline fundamentally during the period of disbursement of the macro-financial assistance, the Commission, shall be empowered to adopt delegated actings, in accordance with Article 14 (2), may decidea, to amend Annex II to reduce the amount of funds made available in the context of the assistance, suspend or cancel the assistance.
Amendment 34 #
Proposal for a regulation
Article 6 – paragraph 1 – point a (new)
Article 6 – paragraph 1 – point a (new)
(a) The European External Action Service (EEAS) shall make an assessment of the country concerned specifying whether it meets democratic accountability, allowing timely consultation with civil society. The Commission should only provide macro- financial assistance if the report from the EEAS demonstrates a sufficient commitment to democratic reforms and compliance with international human rights law by the beneficiary country. The report should identify policy recommendations and human rights benchmarks to be included in the Memorandum of Understanding,
Amendment 35 #
Proposal for a regulation
Article 6 – paragraph 1 – point b (new)
Article 6 – paragraph 1 – point b (new)
(b) With a view to protecting the Union's democratic values and interests and reinforcing beneficiary countries' respect for human rights, the Memorandum of Understanding shall include country specific measures that are consistent with the Union's external policies aimed at strengthening human and labour rights, transparency and combating corruption. These measures may include specific governance policies, including those suggested by the EEAS under Article 6(1)(a), and may include the ratification and implementation of relevant international conventions. The Memorandum of Understanding may also include specific human rights benchmarks, such as the release of all political prisoners and human rights defenders, practical measures for the projection of journalists and respect for the freedom of the press.
Amendment 40 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The decision to provide a loan shall specify the amount, the maximum average maturity, the maximum number of instalments of the macro-financial assistance. The decision to provide a grant shall specify the amount, and the maximum number of instalments. In both cases the availability period of the macro- financial assistance shall be defined. As a rule, it shall not exceed three years.For the purpose of paragraph 2 the Commission shall be empowered to adopt delegated acts in accordance with Article 14a to establish and to amend Annex II in order to provide macro-financial assistance to a particular country or territory. In the delegated act the Commission shall, inter alia, stipulate the following:
Amendment 42 #
Proposal for a regulation
Article 7 – paragraph 3 – point a (new)
Article 7 – paragraph 3 – point a (new)
(a) All delegated acts shall stipulate the beneficiary of the assistance, the total maximum amount of the assistance, the form of the assistance, and the availability period of the assistance,
Amendment 43 #
Proposal for a regulation
Article 7 – paragraph 3 – point b (new)
Article 7 – paragraph 3 – point b (new)
(b) The decision to provide a loan shall specify the amount, the maximum average maturity, the maximum number of instalments of the macro-financial assistance,
Amendment 44 #
Proposal for a regulation
Article 7 – paragraph 3 – point c (new)
Article 7 – paragraph 3 – point c (new)
(c) The decision to provide a grant shall specify the amount, and the maximum number of instalments. The decision to provide a grant shall be accompanied by a justification of the grant (or grant element) of assistance.
Amendment 45 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Following the approval of the decision granting macro-financial assistance, the Commission, acting in accordance with Article 14(3), shall agree the policy measures referred to in Article 6 (1), (3), (4), (5) and (6) with the beneficiary country.
Amendment 49 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The assistance shall be disbursed in successive instalments, conditional upon the fulfilment of the conditions referred to in Article 6(1), 6(2) and 6(3).
Amendment 50 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall verify at regular intervals that the conditions referred to in Article 6(1), 6(2) and 6(3) continue to be met. The monitoring of the compliance with Article 6(1) shall be made in close cooperation with the EEAS and civil society organisations.
Amendment 51 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In case the conditions referred to in Article 6(1), 6(2) and 6(3) are not met, the Commission can temporarily suspend, reduce or cancel the disbursement of the assistance and inform the European Parliament and the Council thereof.
Amendment 53 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where it has been established that, in relation to the management of assistance under this Regulation, a beneficiary country has engaged in any act of fraud or corruption or any other illegal activity detrimental to the financial interests of the Union, the Commission shall be entitled to the full repayment of the grant and/or the early repayment of the loan. The Memorandum of Understanding shall include provisions on mechanisms allowing the beneficiary country to seize the assets wrongfully misappropriated.
Amendment 54 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The annual report shall assess the economic situation and prospects of the beneficiary countries, as well as the progress made with the implementation of the policy measures referred to in Article 6(1) and 6(3).
Amendment 55 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Exercise of the delegation 1. The power to adopt delegated acts referred to in Articles 2(1a), 5(3) and 7(3) shall be conferred on the Commission for a period of applicability of this Regulation. 2. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council. 4. A delegated act adopted pursuant to Articles 2(1a), 5(3) and 7(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of the act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.