42 Amendments of Jean-Pierre AUDY related to 2012/0295(COD)
Amendment 14 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to monitor the progress of operational programmes implementation, the Member States should draw up and provide to the Commission annual mid-term implementation report and a final implementation reports, thus ensuring the availability of essential and up-to-date date information. For the same purposes, the Commission and each Member State should meet every year for a bilateral review, except if they agree otherwise.
Amendment 16 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to ensure uniform conditions for the implementation of this Regulation, the implementing powers relating to the template for the annual andmid-term implementation report, the final implementation reports and the list of common indicators, the template for the structured survey on end recipients, the electronic data exchange system between the Member State and the Commission, the template for the management declaration, the models for the audit strategy, opinion and annual control report and methodology for the sampling method, the rules concerning use of data collected during audits, and the template for payment applications should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.
Amendment 17 #
Proposal for a regulation
Article 3
Article 3
The Fund shall promote social cohesion in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the Union by providing non- financial assistance to the most deprived persons. This objective shall be measured by the number of persons receiving assistance from the Fund. The Fund shall seek to ensure that nobody in the Union goes hungry.
Amendment 18 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Fund shall support national schemes whereby food products and basic consumer goods for the personal use ofuse of the most deprived persons, and in particular homeless persons or ofand children, are distributed to the most deprived persons through partner organisations selected by Member States.
Amendment 19 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 21 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 22 #
Proposal for a regulation
Article 5 – paragraph 12
Article 5 – paragraph 12
Amendment 23 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
Amendment 24 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
1. Each Member State shall submit to the Commission one operational programme covering the period between 1 January 2014 and 31 December 2020 within threefour months of the entry into force of this Regulation, containing the following items:
Amendment 26 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission may make observations within threone months of the date of submission of the operational programme. If the Commission does not make any observations within that period, the operational programme shall be deemed to have been accepted. The Member State shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed operational programme.
Amendment 27 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall, by means of implementing acts, approve the amendment of an operational programme no later than fivthree months after their formal submission by the Member State provided that any observations made by the Commission have been satisfactorily taken into account.
Amendment 28 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
In addition, the Commission shall consult, at least once a year, the organisations which represent the partner organisations at Union level on the implementation of support from the Fund. The outcome of these consultations shall be reported to Parliament.
Amendment 29 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. FromBetween 2015 toand 2022, the Member States shall submit to the Commission, by 30 June of each year, an annual a mid-term implementation report for the operational programme in the previous financial year.
Amendment 30 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Member States shall draft the annualmid- term implementation report in accordance with the template adopted by the Commission, including the list of common input and outcome indicators.
Amendment 31 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The annualmid-term implementation reports shall be admissible where ithey contains all the information required in accordance with the template referred in paragraph 2, including the common indicators. The Commission shall inform the Member State concerned within 15 working days from the date of receipt of the annualmid-term implementation report if it is not admissible. Where the Commission has not sent that information within the time limit, the report shall be deemed admissible.
Amendment 32 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
4. The Commission shall examine the annualmid- term implementation report and inform the Member State of its observations within two months of the receipt of the annualmid-term implementation report.
Amendment 33 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission and each Member State shall meet every year from 2014 to 2022, unless otherwise agreed, to examine the progress in implementing the operational programme, taking account of the annualmid-term implementation report and the Commission's observations referred to in Article 11(7), where applicable.
Amendment 35 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing authority shall carry out a structured survey on end recipients in 2017 and 2021, in accordance with the template provided by the Commission. The Commission shall adopt the template by means of an implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2). The template, while corresponding to the objectives of the assessment process, shall comply with the principle of administrative simplification.
Amendment 38 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The co-financing rate at the level of the operational programme shall not be higher than 85be 100 % of the public eligible expenditure.
Amendment 39 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 40 #
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
3. The food and the goods for the most deprived persons, and in particular for homeless persons or for children, may be purchased by the partner organisations themselves.
Amendment 41 #
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
Amendment 42 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the costs of purchasing food and basic consumer goods for the personal use of the most deprived persons, and in particular homeless persons or of children;
Amendment 43 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) where a public body purchases the food or basic consumer goods for personal use ofthe use of the most deprived persons, and in particular homeless persons or of children, and provides them to partner organisations, the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point (a);
Amendment 44 #
Proposal for a regulation
Article 24 – paragraph 1 – point e a (new)
Article 24 – paragraph 1 – point e a (new)
(ea) VAT, where it is not recoverable.
Amendment 45 #
Proposal for a regulation
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) value added tax. However, VAT amounts shall be eligible where they are not recoverable under national VAT legislation and are paid by a beneficiary other than a non-taxable person as defined in the first subparagraph of Article 13(1) of Council Directive 2006/112/EC, where it is recoverable and so does not constitute a burden.
Amendment 46 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Member State shall designate a national public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. The national audit office or the national court of auditors may be designated as the audit authority.
Amendment 47 #
Proposal for a regulation
Article 29 – paragraph 4 – point e
Article 29 – paragraph 4 – point e
(e) draw up the management declaration and annual summary referred to in Article 569 (5)(a) and (b) of the Financial Regulation.
Amendment 48 #
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
2. drawing up the annual accounts referred to in Article 569 (5)(a) of the Financial Regulation;
Amendment 50 #
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1 – point a
Article 31 – paragraph 5 – subparagraph 1 – point a
(a) an audit opinion in accordance with Article 56 9(5) of the Financial Regulation;
Amendment 51 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The budget commitments of the Union in respect of each operational programme shall be made in annual instalments during the period between 1 January 2014 and 31 December 2020. The decision of the Commission adopting the operational programme shall constitute the financing decision within the meaning of Article 814(2) of the Financial Regulation and once notified to the Member State concerned, a legal commitment within the meaning of that Regulation.
Amendment 52 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. For each year from 2015 until and including 2022, by 15 Febr31 January of the year following the end of the accounting period, the designated bodies shall submit to the Commission the following documents and information in accordance with Article 569 of the Financial Regulation:
Amendment 53 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. For each year from 2015 until and including 2022, by 15 Febr31 January of the year following the end of the accounting period, the designated bodies shall submit to the Commission the following documents and information in accordance with Article 56 of the Financial Regulation:
Amendment 54 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) the certified annual accounts of the relevant bodies designated pursuant to Article 32 as referred to in Article 569 (5) of the Financial Regulation;
Amendment 55 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) the management declaration as referred to in Article 569 (5) of the Financial Regulation;
Amendment 56 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) an audit opinion by the designated independent audit body as referred in Article 569 (5) of the Financial Regulation, accompanied by a control report setting out the findings of the audits carried out relating to the accounting year covered by the opinion.;
Amendment 57 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. By 30 April28 February of the year following the end of the accounting period, the Commission shall decide on the acceptance of the accounts of the relevant bodies designated pursuant to Article 28 for the operational programme. The acceptance decision shall cover the completeness, accuracy and veracity of the accounts submitted and shall be without prejudice to any subsequent financial corrections.
Amendment 58 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Where the Commission proposes a financial correction on the basis of extrapolation or a flat rate, the Member State shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that , it shall initiate an adversarial procedure with the Member State withe actual extent of irregularity is less than the Commission's assess view to reaching agreement. In agreement with the Commission, the Member State may limit the scope of this examination to an appropriate proportion or sample of the documentation concerned. Except in duly justified cases, the time allowed for this examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1. The examination may take the form of an independent re-audit.
Amendment 59 #
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. Where the Member State does not accept the provisional conclusions of the Commission, the Member State shall be invited to a hearing by the Commission, in order to ensure that all relevant information and observations are available as a basis for conclusions by the Commission on the application of the financial correction. If they fail to reach an agreement, the Commission and the Member State shall jointly appoint an ad hoc independent mediator. If mediation fails to resolve the issue, the Commission and the Member State shall submit their dispute to arbitration.
Amendment 60 #
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 61 #
Proposal for a regulation
Annex II – point 1.4.4. – table paragraph 4
Annex II – point 1.4.4. – table paragraph 4
These data will be transmitted to the Commission by the managing authorities in an annual mid-term implementation report.
Amendment 62 #
Proposal for a regulation
Annex II – point 1.4.4. – table paragraph 5
Annex II – point 1.4.4. – table paragraph 5
This basic annualmid-term reporting will be accompanied by structured surveys. These surveys will be mandated by the Commission itself at least twice during the implementation period. They will provide insights on the recipients, i.e. whether there is dominance of a certain age group or minorities etc., assess the importance of in- kind contributions other than goods for instance voluntary labour and services, and on the impacts of the programme on them. It is expected that this information will only be provided on the basis of informed guesses, as in several cases anonymity might be a precondition for a client to be able to accept the support.