81 Amendments of Esther DE LANGE related to 2020/0104(COD)
Amendment 146 #
Proposal for a regulation
Recital 4
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member. The challenges linked to the demographic context have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms andGrowth enhancing reforms and sustainable investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies back on a sustainable recovery path and avoid further widening of the divergences in the Union.
Amendment 164 #
Proposal for a regulation
Recital 5
Recital 5
(5) The implementation of growth enhancing reforms contributing to achieve a high degree of resilience of domestic economies, strengthening adjustment capacity and unlocking growth potential are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
Amendment 170 #
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1 b. Member States’ access to the Recovery and Resilience Facility shall be dependent on the endorsement of a national objective of achieving a climate- neutral Union by 2050.
Amendment 177 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent withcontribute to the implementation of the relevant country-specific challenges and prioritierecommendations identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. T, as well as to achieving the Union’s objective of climate neutrality by 2050 and the Union's new 2030 climate targets. Therefore, the recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 187 #
Proposal for a regulation
Recital 6
Recital 6
(6) Past experiences have shown that sustainable investment is often drastically cut during crises. However, it is essential to support investment in this particular situation to speed up the recovery and strengthen long- term growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economic are important to achieve sustainable growth and help create jobs. It will also help make the Union more resilient and less dependent by diversifying key supply chains.
Amendment 199 #
Proposal for a regulation
Recital 7
Recital 7
(7) Currently, no instrument foresees direct financial support linked to the achievement of results and to implementation of reforms andgrowth enhancing reforms and sustainable public investments of the Member States in response to challenges identified in the European Semester, and with a view to having a lasting impact on the productivity and resilience of the economy of the Member States.
Amendment 207 #
Proposal for a regulation
Recital 8
Recital 8
(8) Against this background, it is necessary to strengthen the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step up the implementation of reforms and related public investments in the Member States. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes. In order to reap the greatest benefits from the Recovery and Resilience Facility and fulfil its goals to the maximum degree, the incentives should be designed in a way to encourage full implementation of the recovery and resilience plan. Therefore, pay-out of the funds should be proportionate to the level of completion of the recovery and resilience plan and the pay-out should only take place after the completion of the relevant milestones has been verified by the Commission.
Amendment 211 #
Proposal for a regulation
Recital 8
Recital 8
(8) Against this background, it is necessary to strengthen the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step up the implementation of growth enhancing reforms and related sustainable public investments in the Member States. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes. The Facility should be of a temporary character and limited to tackling the adverse effects of the pandemic.
Amendment 233 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The Facility will work in synergy and complementarity with InvestEU, allowing Member States to allocate in their recovery and resilience plans an amount to be delivered through InvestEU to support the solvency of companies established in the Member States and the preparatory, monitoring, control, audit and evaluation activities thereof.
Amendment 290 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to enable measures to be taken that link the Facility to sound economic governance, with a view to ensuring uniform implementing conditions, the power should be conferred on the Council to suspend, on a proposal from the Commission and by means of implementing acts, the period of time for the adoption of decisions on proposals for recovery and resilience plans and to suspend payments under this Facility, in the event of significant non-compliance in relation to the relevant cases related to the economic governance process laid down in the Regulation (EU) No XXX/XX of the European Parliament and of the Council [CPR] (…). The power to lift those suspensions by means of implementing acts, on a proposal from the Commission, should also be conferred on the Council in relation to the same relevant cases.
Amendment 314 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable growth. Supported actions should have a clear European added value.
Amendment 323 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The resources of the Facility, as part of the Recovery Instrument (Next Generation EU), should be accompanied by a clear and credible repayment plan. The repayment should be done by means of additional own resources which should be in place in the course of the next MFF.
Amendment 328 #
Proposal for a regulation
Recital 15
Recital 15
(15) The specific objective of the Facility should be to provide financial support with a view to achieving the clear milestones and targets of reforms andgrowth enhancing reforms and sustainable investments as set out in recovery and resilience plans. That specific objective should be pursued in close cooperation with the Member States concerned.
Amendment 329 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Facility should not support projects that are part of the strategic investment plans of third countries nor regular national budgetary expenditure.
Amendment 331 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to preserve the integrity of the Single Market and to promote its deepening, the Facility should prioritise projects supporting these objectives. Moreover, the Facility should not support projects which are detrimental to the Single Market as a whole.
Amendment 352 #
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms andgrowth enhancing reforms and sustainable public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistentaligned with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union.
Amendment 386 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure a meaningful financial contribution commensurate to the actual needs of Member States to undertake and complete the reforms andgrowth enhancing reforms and sustainable investments included in the recovery and resilience plan, it is appropriate to establish a maximum financial contribution available to them under the Facility as far as the financial support (i.e. the non- repayable financial support) is concerned. That maximum contribution should be calculated on the basis of the population, the inverse of the per capita Gross Domestic Product (GDP) and, the relative unemployment rate of each Member State and the GDP contraction in 2019-2020.
Amendment 407 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure the national ownership and a focus on relevant reforms andgrowth enhancing reforms and sustainable investments, Member States wishing to receive support should submit to the Commission a recovery and resilience plan that is duly reasoned and substantiated. The recovery and resilience plan should set out the detailed set of measures for its implementation, including clear targets and milestones, and the expected impact of the recovery and resilience plan on growth potential, job creation and economic and social resilience; it should also include measures that are relevant for the green and the digital transitions; it should also include an explanation of the consistencyalignment of the proposed recovery and resilience plan with the relevant country-specific challenges and priorities identified in the context of the European Semester; for euro area countries particular attention should be given to the relevant recommendations for the euro area as endorsed by the Council. Close cooperation between the Commission and the Member States should be sought and achieved throughout the process.
Amendment 431 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justificationassess the alignment and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester; for euro area countries particular attention should be given to the relevant recommendations for the euro area as endorsed by the Council; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lastingdurable impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms andgrowth enhancing reforms and sustainable public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed clear milestones and targets, and the related indicators.
Amendment 438 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to ensure the national ownership, linking disbursements from the Facility to the challenges identified in the CSRs, as well as monitoring the progress made on the implementation of the growth enhancing reforms and sustainable investments should be enhanced.
Amendment 477 #
Proposal for a regulation
Recital 29
Recital 29
(29) The request for a loan should be justified by the financial needs linked to additional reforms andgrowth enhancing reforms and sustainable investments included in the recovery and resilience plan, notably relevant for the green and digital transitions, and by therefore, by a higher cost of the plan than the maximum financial contribution (to be) allocated via the non-repayable contribution. It should be possible to submit the request for a loan together with the submission of the plan. In case the request for loan is made at a different moment in time, it should be accompanied by a revised plan with additional clear milestones and targets. To ensure frontloading of resources, Member States should request a loan support at the latest by 31 August 2024. For the purposes of sound financial management, the total amount of all the loans granted under this Regulation should be capped. In addition, the maximum volume of the loan for each Member State should not exceed 4.7% of its Gross National Income. An increase of the capped amount should be possible in exceptional circumstances subject to available resources. For the same reasons of sound financial management, it should be possible to pay the loan in instalments against the fulfilment of results.
Amendment 491 #
Proposal for a regulation
Recital 31
Recital 31
(31) For reasons of efficiency and simplification in the financial management of the instrument, the Union financial support to recovery and resilience plans should take the form of a financing based on the achievement of results measured by reference to milestones and targets indicated in the approved recovery and resilience plans. To this effect, the additional loan support should be linked to the additional milestones and targets compared to those relevant for the financial support (i.e. the non-repayable support). Disbursements should only be made upon completion of the relevant milestones.
Amendment 493 #
Proposal for a regulation
Recital 31
Recital 31
(31) For reasons of efficiency and simplification in the financial management of the instrument, the Union financial support to recovery and resilience plans should take the form of a financing based on the achievement of results measured by reference to clear milestones and targets indicated in the approved recovery and resilience plans. To this effect, the additional loan support should be linked to the additional milestones and targets compared to those relevant for the financial support (i.e. the non-repayable support).
Amendment 495 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Member States should report in their annual implementation reports on sound financial management. Therefore, specific requirements should be formulated.
Amendment 502 #
Proposal for a regulation
Recital 32
Recital 32
(32) For the purpose of sound financial management, specific rules should be laid down for budget commitments, payments, suspension, cancellation and recovery of funds. To ensure predictability, it should be possible for Member States toshould submit requests for payments on a biannual basis. Payments should be made in instalments and be based on a positive assessment by the Commission of the implementation of the recovery and resilience plan by the Member State. Suspension and cancellation of the financial contribution should be possible when the recovery and resilience plan has not been implemented in a satisfactory manner by the Member State. Appropriate contradictory procedures should be established to ensure that the decision by the Commission in relation to suspension, cancellation and recovery of amounts paid respects the right of Member States to provide observations.
Amendment 512 #
Proposal for a regulation
Recital 34
Recital 34
(34) For the purposes of transparency, the recovery and resilience plans adopted by the Commission should be communicated to the European Parliament and the Council simultaneously and communication activities should be carried out by the Commission as appropriate. The Commission should ensure the visibility of spending under the Facility by indicating that the projects supported should be clearly labelled as “EU Recovery Initiative”.
Amendment 533 #
Proposal for a regulation
Recital 37
Recital 37
(37) It is opportune that the Commission provides an annual report to the European Parliament and the Council on the implementation of the Facility set out in this Regulation, as part of the annual Integrated Financial and Accountability Reporting and subject to a special discharge procedure of the European Parliament. This report should include information on the progress made by Member States under the recovery and resilience plans approved; it should also include information on the volume of the proceeds assigned to the Facility under the European Union Recovery Instrument in the previous year, broken down by budget line, and the contribution of the amounts raised through the European Union Recovery Instrument to the achievements of the objectives of the Facility.
Amendment 541 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The Facility should be available to Member States that have signed the “Rule of Law Pledge” and that are committed to adhering to the rule of law and fundamental values of the Union, as enshrined in the Treaties.
Amendment 542 #
Proposal for a regulation
Recital 38 b (new)
Recital 38 b (new)
(38b) The Commission should be empowered to initiate the suspension of the commitment or payment appropriations to Member States under the Facility in case of generalised deficiencies as regards the rule of law where they affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union. The Facility should provide for clear rules and procedures on initiating the suspension mechanism or on its lifting. In this respect, the procedure to initiate the suspension of the funding under Facility and its subsequent placing into a reserve should be only be blocked if a qualified majority in Council or a majority of Parliament oppose it.
Amendment 558 #
Proposal for a regulation
Recital 39
Recital 39
(39) The recovery and resilience plans to be implemented by the Member States and the corresponding financial contribution allocated to them should be established by the Commission by way of implementingdelegated act. In order to ensure uniform conditions for the implementation of this Regulation, implementingdelegated powers should be conferred on the Commission. The implementingdelegated powers relating to the adoption of the recovery and resilience plans and to the payment of the financial support upon fulfilment of the relevantclear milestones and targets should be exercised by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council, under the examination procedure thereof13 . . After the adoption of an implementingdelegated act, it should be possible for the Member State concerned and the Commission to agree on certain operational arrangements of a technical nature, detailing aspects of the implementation with respect to timelines, indicators for the clear milestones and targets, and access to underlying data. To allow the continuous relevance of the operational arrangements in respect of the prevailing circumstances during the implementation of the recovery and resilience plan, it should be possible that the elements of such technical arrangements may be modified by mutual consent. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. __________________ 13 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 (OJ L 55, 28.2.2011, p. 13).
Amendment 562 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) Spending under the Facility should be subject to a special discharge procedure which should verify whether implementation was in accordance with relevant rules, including the principles of sound financial management.
Amendment 563 #
Proposal for a regulation
Recital 40
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council14 , Council Regulation (Euratom, EC) No 2988/9515 ,Council Regulation (Euratom, EC) No 2185/9616 and Council Regulation (EU) 2017/193917 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to report any suspicion of irregularities or fraud and to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights to the Commission, OLAF, the EPPO and the European Court of Auditors. For detection and reporting of irregularities and fraud, the Commission has IT-tools at its disposal that shall be used by the recipients of support under the Facility. __________________ 14Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1) 15 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1) 16 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292,15.11.96, p.2) 17Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1) 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29)
Amendment 1097 #
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) whether the provided justification in the recovery and resilience plan is expected towill contribute to effectively address challenges identified in the relevant country-specific recommendations, including fiscal aspects thereof, and recommendations made under Article 6 of Regulation (EU) No1176/2011, addressed to the Member State concerned, or in other relevant documents officially adopted by the Commission in the European Semester, for euro area countries particular attention shall be given to the recommendations for the euro area as endorsed by the European Council; the measures aligned with the country-specific recommendations shall be prioritised during the disbursal of funds;
Amendment 1107 #
Proposal for a regulation
Article 16 – paragraph 3 – point a a (new)
Article 16 – paragraph 3 – point a a (new)
(a a) in case a Member State is experiencing imbalances or excessive imbalances as concluded by the Commission after an in-depth review, an explanation of the way the recommendations made under Article 6 of Regulation (EU) No 1176/2011 are to be addressed;
Amendment 1110 #
Proposal for a regulation
Article 16 – paragraph 3 – point a b (new)
Article 16 – paragraph 3 – point a b (new)
(a b) whether the plan contains measures that effectively contribute to the strengthening of the Single Market;
Amendment 1177 #
Proposal for a regulation
Article 16 – paragraph 3 – point e
Article 16 – paragraph 3 – point e
(e) whether the justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is in line with the principle of cost-efficiency and commensurate to the expected impact on the economy and employment; as well as whether the costs are directly linked to the submitted growth enhancing reforms and sustainable investments;
Amendment 1189 #
Proposal for a regulation
Article 16 – paragraph 3 – point f
Article 16 – paragraph 3 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of reforms andgrowth enhancing reforms and sustainable public investments projects that represent coherent actions;
Amendment 1195 #
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) whether the arrangements proposed by the Member States concerned are expected to ensure an effective implementation of the recovery and resilience plan, including the envisaged timetable, clear milestones and targets, and the related indicators.
Amendment 1211 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. In case the Member State concerned has requested a loan support as referred to in Article 12, the Commission shall assess whether the request for loan support fulfils the criteria set out in Article 13(1), notably whether the additional reforms andgrowth enhancing reforms and sustainable investments concerned by the loan request fulfil the assessment criteria under paragraph 3.
Amendment 1221 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within fourtwo months of the official submission of the recovery and resilience plan by the Member State, by means of an implement delegated act ing actcordance with Article 26a. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the growth enhancing reforms and sustainable investment projects to be implemented by the Member State, including the clear milestones and targets, and required for the disbursal of instalment of the financial contribution allocated in accordance with Article 11.
Amendment 1233 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The growth enhancing reforms and sustainable investment projects aligned with the country-specific recommendations shall be prioritised for the implementation phase.
Amendment 1235 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In case the Member State concerned requests a loan support, the decision shall also set out the amount of the loan support as referred to in Article 12(4) and (5) and the additional reforms andgrowth enhancing reforms and sustainable investment projects to be implemented by the Member State covered by that loan support, including the additional and clear milestones and targets.
Amendment 1261 #
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
(a) the financial contribution to be paid only in instalments once the Member State has satisfactorily implemented the relevantclear milestones and targets identified in relation to the implementation of the recovery and resilience plan; at the request of the European Parliament, following non- attainment of one or several milestones and targets, further instalments shall be withhold, until satisfactory explanation is provided to the European Parliament.
Amendment 1264 #
Proposal for a regulation
Article 17 – paragraph 4 – point a a (new)
Article 17 – paragraph 4 – point a a (new)
(a a) the financial contribution and, where applicable, the amount of loan support to be paid in the form of a pre- financing in accordance with Article 11a after the approval of the recovery and resilience plan;
Amendment 1267 #
Proposal for a regulation
Article 17 – paragraph 4 – point b
Article 17 – paragraph 4 – point b
(b) the description of the growth enhancing reforms and of the sustainable investment projects and the amount of the estimated total cost of the recovery and resilience plan;
Amendment 1270 #
Proposal for a regulation
Article 17 – paragraph 4 – point c – point 1
Article 17 – paragraph 4 – point c – point 1
(1) as regards completion of the sustainable investment, the investment period by which the investment project must be implemented shall end no later than seven years after the adoption of the decision;
Amendment 1273 #
Proposal for a regulation
Article 17 – paragraph 4 – point c – point 2
Article 17 – paragraph 4 – point c – point 2
(2) as regards completion of reforms, the period by which the growth enhancing reforms must be implemented shall end no later than four years after the adoption of the decision.
Amendment 1276 #
Proposal for a regulation
Article 17 – paragraph 4 – point d
Article 17 – paragraph 4 – point d
(d) the arrangements and timetable, including specific milestones, for implementation of the recovery and resilience plan;
Amendment 1279 #
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) the relevant indicators relating to the fulfilment of the envisagedclear milestones and targets; and
Amendment 1283 #
Proposal for a regulation
Article 17 – paragraph 4 – point g
Article 17 – paragraph 4 – point g
(g) where appropriate, the amount of the loan to be paid in instalments and the additional clear milestones and targets related to the disbursement of the loan support.
Amendment 1284 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. In order to allow for meaningful tracking of the progress made under the RRF, each recovery and resilience plan shall consist of at least five individual milestones linked to at least five individual instalments.
Amendment 1295 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The arrangements and timetable for implementation as referred to in point (d), the relevant indicators relating to the fulfilment of the envisagedclear milestones and targets referred to in point (e), the arrangements for providing access by the Commission to the underlying data referred to in point (f), and, where appropriate, the additional, clear milestones and targets related to the disbursement of the loan support referred to in point (g) of paragraph 4 shall be further illustrated in an operational arrangement to be agreed by the Member State concerned and the Commission after the adoption of the decision referred to in paragraph 1.
Amendment 1303 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The implementingdelegated acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 1343 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. In 2021, subject to the adoption by the Commission of the legal commitment referred to in Article 19(1), and when requested by a Member State together with the submission of the recovery and resilience plan, the Commission shall make a pre-financing payment of an amount of up to 20% of the legal commitment in the form of non-repayable support, and, where applicable, of up to 20% of the loan support in the form of a loan asset out in accordance with Article 19. By derogation from Article 116(1) of the Financial Regulation, the Commission shall make the corresponding payment within two months after the adoption by the Commission of the legal commitment referred to in Article 19. In cases of pre-financing under paragraph 2a, the financial contributions and, where applicable, the loan support to be paid as referred to in Article 17(4)(a) shall be adjusted proportionally. If the Commission assesses that for one or more milestones or targets there has been a clear regression or in the case of insufficient progress under the respective milestones or targets, the Commission shall proceed to the immediate recovery of the pre-financing part corresponding to the respective investments and reforms. At the same time the Commission shall suspend ongoing procedures until the Member State provides a written explanation and the reimbursement of the undue funds.
Amendment 1348 #
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in the implementing act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the share of the financial contribution corresponding to the completion of the targets and milestones and, where relevant, of the loan tranche. Such requests for payment may be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevant milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. The disbursement of funds shall correspond to the level of completion of the agreed milestones and targets. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
Amendment 1356 #
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed clear milestones and targets indicated in the recovery and resilience plan as approved in the implementingdelegated act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment mayshall be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevantclear milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
Amendment 1358 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Where the Commission makes a positive assessment, it shall adopt a decision authorising the disbursement of the financial contribution in accordance with the Financial Regulation. Each payment decision should be disbursed only if relevant milestones have been completed and clear progress has been registered since the previous disbursement.
Amendment 1360 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Where the Commission makes a positive assessment, it shall adopt a decision authorising the disbursement of the financial contribution in accordance with the Financial Regulation. Distributions should be made gradually and are subject to the completion of milestones.
Amendment 1363 #
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Where, as a result of the assessment referred to in paragraph 3, the Commission establishes that the clear milestones and targets set out in the decision referred to in Article 17(1) have not been satisfactorily implemented, the payment of all or part of the financial contribuapplication shall be suspended. The Member State concerned may present its observations within one month of the communication of the Commission's assessment. The suspension of the payment can also be initiated by the European Parliament, following non-satisfactorily implementation of one or several clear milestones or targets set out in the decision referred to in Article 17(1).
Amendment 1366 #
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
The suspension shall only be lifted where the Member State has taken the necessary measures to ensure a satisfactory implementation of the milestones and targets referred to in Article 17(1).
Amendment 1379 #
Proposal for a regulation
Article 19 – paragraph 7 – introductory part
Article 19 – paragraph 7 – introductory part
7. Where, within eighteensix months of the date of the adoption the decision referred to in Article 17(1), no tangible progress has been made in respect of any relevant milestones and targets by the Member State concerned, the amount of the financial contribution shall be cancelled pursuant to Article 14(1) of the Financial Regulation.
Amendment 1384 #
Proposal for a regulation
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8a. Any unused funds of this Facility shall not be repurposed, but used in order to reduce the Union's overall borrowing requirements as part of Next Generation EU.
Amendment 1388 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Measures linking the Facility to the protection of the Union budget in case of regression of the implemented projects 1. If the Commission assesses that for one or more milestones or targets there has been a clear regression, it shall recover payments made in relation to the respective milestones or targets. 2. Moreover, a Member State shall repay to the Commission any financial contribution paid to it pursuant to Article 19 with respect to a reform commitment, where, within five years of the payment, the conditions that allowed such payments have changed significantly in the Member State concerned. 3. The following cases shall represent a significant change in the conditions that allowed the payment: (a) the elements that led to the achievement of the reform commitments were reversed; or (b) the elements that led to the achievement of the reform commitments were significantly modified by other measures. 4. The Commission shall take a decision on the repayment after having given the Member State concerned the possibility to present its observations within a period of two months of the communication of its conclusions.
Amendment 1395 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Member State concerned shall report on a quarterly basis within the European Semester process on the progress made in the achievement of the recovery and resilience plans, including the operational arrangement referred to in Article 17(6) and the completion of individual proposed milestones, targets, and the related indicators. To that effect, the quarterly reports of the Member States shall be appropriately reflected in the National Reform Programmes, which shall be used as a tool for reporting on progress towards completion of the recovery and resilience plans.
Amendment 1403 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Reporting to the European Parliament and the Council on the raised funding for the purpose of the Facility The Commission shall transmit a detailed report regarding the financial obligations it has entered in with third parties for the purpose of the financing the of Facility to the European Parliament and the Council on a quarterly basis. The report shall contain a clear and credible repayment plan, without recourse to the MFF in accordance with Article 7. The sensitive or confidential information shall be available to the Members of the European Parliament under pre-agreed strict confidentiality.
Amendment 1404 #
Proposal for a regulation
Article 20 b (new)
Article 20 b (new)
Article 20 b Special discharge procedure 1. The spending under the Facility shall be subject to a special discharge procedure which shall verify whether implementation was in accordance with relevant rules, including the principles of sound financial management. 2. By 1 March following the completion of each financial year, the Commission shall forward to the Court of Auditors, who shall have full auditing rights of the spending under the Facility, the provisional accounts of the Facility, accompanied by the report on budgetary and financial management during the financial year. The Commission shall also send the report on budgetary and financial management to the European Parliament and the Council by 31 March of the following year. 3. The Commission shall take into account the observations of the Court of Auditors when drawing up the final accounts of the spending under the Facility. 4. The Commission shall submit to the European Parliament, at the latter's request and as provided for in Article 261(3) of the Financial Regulation, any information necessary for the smooth application of the discharge procedure for the financial year in question. 5. The European Parliament, acting by qualified majority, shall, before 15 May of the year N + 2, grant a special discharge to the spending under the Facility. 6. The discharge procedure shall ensure that the Commission will act on the recommendations of the European Parliament before seeking discharge again.
Amendment 1406 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission shall transmit the recovery and resilience plans as approved in the implementingdelegated act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State. In order to ensure greater transparency and accountability, Member States representatives responsible of the recovery and resilience plans and the relevant institutions and stakeholders shall, at the request of the European Parliament, appear before the competent committees to discuss the measures provided for and to be taken pursuant to this Regulation. Relevant information shall be made available by Member States, at any stage during the process, to the European Parliament and the Council simultaneously.
Amendment 1414 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Amendment 1416 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission may engage in communication activities to ensure the visibility of the Union funding for the financial support envisaged in the relevant recovery and resilience plan by displaying a visible label of the Union, including through joint communication activities with the national authorities concerned. The Commission shall ensure the mandatory visibility of spending under the Facility by indicating that the supported projects shall be clearly labelled as ‘EU Recovery Initiative’.
Amendment 1418 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a 1. The Commission shall establish a recovery and resilience scoreboard (the ‘Scoreboard’) displaying the status of implementation of the agreed growth enhancing reforms and sustainable investments through the recovery and resilience plans of each Member State, and the status of the disbursal of instalments to Member States linked to the satisfactorily implementation of the clear milestones and targets. 2. The Scoreboard shall include key indicators, such as social, economic, environmental and competitiveness indicators, that evaluate the progress registered by the recovery and resilience plans in each of the six areas that define the scope of this Regulation. 3. The Scoreboard shall indicate the degree of fulfilment of the clear milestones of the recovery and resilience plans and the identified shortcomings in their implementation, as well as the recommendations of the Commission to address the respective shortcomings. 4. The Scoreboard shall indicate arrangements and timetable for implementation of the recovery and resilience plan, and for the disbursal of instalments linked to the satisfactorily implementation of the clear milestones and targets; 5. The Scoreboard shall also summarise the main recommendations addressed to the Member States as regards their recovery and resilience plans. 6. The Scoreboard shall serve as a basis for a permanent exchange of best practices between Member States which will materialise in the form of a structured dialogue organised on a regular basis. 7. The Scoreboard shall be constantly updated and shall be publicly available on the Commission’s website. It shall indicate the status of payment claims, payments, suspensions and cancellations of financial contributions. 8. The Commission shall present the Scoreboard at a hearing organised by the competent committees of the European Parliament.
Amendment 1439 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The European Parliament shall have the right to fully scrutinise the spending decisions of the Commission. The Commission shall provide full access to the relevant body of the European Parliament and Members, and inform the European Parliament on a quarterly basis of the status of approved plans, modifications approved to those plans, payment applications made, payment decisions taken, the suspension of payments, the cancellation of payments and the recovery of funds. On a quarterly basis, the Commission shall present an overview of this information at a hearing organised by the competent committees of the European Parliament.
Amendment 1442 #
Proposal for a regulation
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
2b. The European Parliament shall organise delegation visits to the Member States in order to exercise democratic oversight over the growth enhancing structural reforms and sustainable investments.
Amendment 1443 #
Proposal for a regulation
Article 23 – paragraph 2 c (new)
Article 23 – paragraph 2 c (new)
2c. The Commission shall inform the European Parliament on a quarterly basis by establishing a open-data, publicly- accessible database of the ultimate beneficiaries of the funds from the Facility. The sensitive or confidential information shall be available to the Members of the European Parliament under pre-agreed strict confidentiality.
Amendment 1444 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Ex-post monitoring of the completed projects For the purpose of the effective use of the resources and the durability of the completed projects under the Facility, the Commission shall establish an effective monitoring framework for the completed projects.
Amendment 1452 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission shall provide an annual quarterly report to the European Parliament and the Council on the implementation of the Facility set out in this Regulation.
Amendment 1462 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The annual report shall include information on the progress made with the recovery and resilience plans of the Member States concerned under the Facility.
Amendment 1467 #
Proposal for a regulation
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The annual report shall also include the following information:
Amendment 1474 #
Proposal for a regulation
Article 24 – paragraph 3 – point b a (new)
Article 24 – paragraph 3 – point b a (new)
(b a) a section for each Member State detailing the respect of the principle of sound financial management in accordance with Article 61 of the Financial Regulation.
Amendment 1486 #
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. The report shall be transmitted to the European Parliament and the European Council as part of the Integrated Financial Accountability Reporting and shall be part of the special discharge procedure of the Facility.
Amendment 1504 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding by displaying a visible label of the Union, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. The recipients shall ensure the mandatory visibility of spending under the Facility by clearly labelling the supported projects as ‘EU Recovery Initiative’.
Amendment 1509 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9 and Article 17 shall be conferred on the Commission until 31 December 2027. 3. The delegation of power referred to in Article 9 and Article 17 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 the 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 9 or Article 17 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that 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 three months at the initiative of the European Parliament or of the Council.