Activities of Jean LAMBERT related to 2018/0196(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendments (45)
Amendment 50 #
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation or exclusion. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment and combating climate change as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 52 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The objectives of the Funds should be pursued in the framework of the objectives set out in the European Pillar of Social rights. In order to achieve a better and more sustainable future for all, it is necessary to target support of the Funds towards the overarching and internationally recognised 2030 Agenda of the United Nations and to contribute to the Sustainable Development Goals and their targets set by 2030. Member States should ensure consistency, coherence and synergies with the European Pillar of Social Rights and the Sustainable Development Goals, taking into account local and regional challenges.
Amendment 53 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) The promotion of children’s rights as set out in the UN Convention on the Rights of the Child (UNCRC) is an explicit objective of EU policies (Article 3 TEU).The EU and Member States should make appropriate use of the Funds to support actions promoting effective interventions that contribute to the realisation of children’s rights.
Amendment 56 #
Proposal for a regulation
Recital 10
Recital 10
(10) Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non- discrimination. _________________ 12Member States should refrain from adding rules that complicate the use of the Funds for the beneficiary. _________________ 12 OJ L […], […], p. […]. OJ L […], […], p. […].
Amendment 57 #
Proposal for a regulation
Recital 11
Recital 11
(11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil societyompetent regional and local authorities, relevant bodies representing civil society and non- governmental organisations and economic and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/201413 should continue to apply. _________________ 13 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
Amendment 72 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In order to increase accountability and transparency, the Commission should provide fora complaints-handling system accessible to all citizens and stakeholders at all stages of preparation and implementation of programmes including monitoring and evaluation.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘gender mainstreaming’ follows a twofold approach, both through systematic integration of gender aspects into all stages of the programming and the implementation process and through additional specific actions. Methods of gender budgeting can be used to include the principle of gender equality in the preparation and implementation of programmes;
Amendment 91 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) Investment for jobs and sustainable and inclusive growth in Member States and regions, to be supported by the ERDF, the ESF+ and the Cohesion Fund; and
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners on equal footing in the preparation of Partnership Agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with Article 34.
Amendment 104 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes and shall report to the European Parliament and the Council on the outcome.
Amendment 105 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Respect for fundamental rights The Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Funds.
Amendment 106 #
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6 b Promotion of equality between men and women and non-discrimination The Member States and the Commission shall aim at eliminating inequalities and ensure that equality between men and women, gender mainstreaming and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation. The Fund shall not support actions that contribute to any form of segregation.
Amendment 108 #
Proposal for a regulation
Article 8 – paragraph 1 – point f a (new)
Article 8 – paragraph 1 – point f a (new)
(f a) actions taken to involve the relevant partners referred to in Article 6;
Amendment 119 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point g
Article 17 – paragraph 3 – subparagraph 1 – point g
(g) the actions taken to involve the relevant partners referred to in Article 6 in the preparation of the programme, and the role of those partners in the implementation, monitoring and evaluation of the programme, and whether and how comments submitted by these partners have been taken into account in the preparation of the programme;
Amendment 120 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point g a (new)
Article 17 – paragraph 3 – subparagraph 1 – point g a (new)
(g a) the actions taken for gender mainstreaming
Amendment 126 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 5 3% of the initial allocation of a priority and no more than 3 2% of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 127 #
Proposal for a regulation
Article 21
Article 21
Amendment 132 #
Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(c a) empowering local people to develop long-term strategies and solutions to the main challenges those areas are facing;
Amendment 134 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) building the capacity of local actors to develop and implement operations including fostering their project management capabilities;
Amendment 137 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds and for capacity building of partners referred to in Article 6.
Amendment 139 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
The Member State mayshall set up a single monitoring committee to cover more than onefor each programme.
Amendment 140 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Each monitoring committee shall adopt its rules of procedure taking into account the necessity for transparency.
Amendment 144 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies taking into account the need for gender balance and diversity and of representatives of the partners referred to in Article 6.
Amendment 146 #
Proposal for a regulation
Article 35 – paragraph 1 – point i
Article 35 – paragraph 1 – point i
(i) the progress in administrative capacity building for public institutions, partners and beneficiaries, where relevant.
Amendment 148 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2 a. The monitoring committee may propose to the managing authority areas of intervention that have been put forward by members of the monitoring committee.
Amendment 149 #
Proposal for a regulation
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
2 b. All decisions and supporting documents of the monitoring committee shall be published on the website referred to in Article 44(1).
Amendment 153 #
Proposal for a regulation
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
(b) the values of output and result indicators for selected operations and values achieved by operations, disaggregated by gender where applicable.
Amendment 154 #
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The managing authority shall publish all the data transmitted to the Commission on the website referred to in Article 44(1). Where it fails to do so, the Commission may disclose the data to individuals or organisations when requested.
Amendment 155 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 (new)
Article 38 – paragraph 2 – subparagraph 1 (new)
The final performance report shall be gender sensitive and include a specific chapter on gender equality.
Amendment 157 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, coherence and EU added value including gender equality with the aim to improve the quality of the design and implementation of programmes.
Amendment 158 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Article 39 – paragraph 1 – subparagraph 1 (new)
Member States may carry out ex ante evaluations to improve the quality of the design of each programme.
Amendment 161 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall carry out a mid-term evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value including gender equality of each Fund by the end of 2024. The Commission may make use of all relevant information already available in accordance with Article [128] of the Financial Regulation.
Amendment 163 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and, achievements and decisions and supporting documents of the monitoring committee.
Amendment 166 #
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1 – introductory part
Article 44 – paragraph 3 – subparagraph 1 – introductory part
The managing authority shall make the list of operations and contracts selected for support by the Funds publicly available on the website in at least one of the official languages of the Union and shall update that list at least every three months. Each operation shall have a unique code. The list shall contain the following data:
Amendment 167 #
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1 – point h a (new)
Article 44 – paragraph 3 – subparagraph 1 – point h a (new)
(h a) name and code of all public procurement procedures supported by the operation;
Amendment 168 #
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1 – point h b (new)
Article 44 – paragraph 3 – subparagraph 1 – point h b (new)
(h b) in case of legal entities, the contractor’s name;
Amendment 177 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle through an appropriate sharing of risks and profits taking into account the principle of sound financial management.
Amendment 178 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. Member States shall ensure the quality and reliability of the monitoring system and of data on indicators. They shall ensure that data is collected, where applicable, disaggregated by gender.
Amendment 183 #
Proposal for a regulation
Article 64 – paragraph 4 a (new)
Article 64 – paragraph 4 a (new)
4 a. Without prejudice to paragraph 6 of Article 63, the Commission shall provide for a complaints-handling system which shall be accessible to citizens and stakeholders at all stages of preparation and implementation of programmes including monitoring and evaluation. When setting up the complaints-handling system, the Commission shall ensure its effective functioning taking into account the following aspects: (a) visibility, so that information can be easily found, (b) timeliness, so that complaints are resolved in a timely manner, (c) accessibility including promotion of the complaint-handling system, in particular on local and regional level and among civil society organisations; (d) responsiveness, so that complainants are informed whether their complaint is admissible,(e) objectivity, in particular operational independence from other departments; (f) remedy, information on the outcome of the complaint; (g) review option including for cases dealt with under paragraph 6 of Article 63 in case the complainant or the Commission is not satisfied with the outcome.
Amendment 184 #
Proposal for a regulation
Article 66 – paragraph 1 – point d a (new)
Article 66 – paragraph 1 – point d a (new)
(d a) ensure that its system of controls and administrative checks is designed to facilitate engagement of local people and the effective delivery of community-led strategies;
Amendment 185 #
Proposal for a regulation
Article 66 – paragraph 1 – point d b (new)
Article 66 – paragraph 1 – point d b (new)
(d b) ensure the implementation of gender mainstreaming in the programme;
Amendment 187 #
Proposal for a regulation
Article 67 – paragraph 3 – introductory part
Article 67 – paragraph 3 – introductory part
3. In preparing calls for proposals and selecting operations, the managing authority shall:
Amendment 188 #
Proposal for a regulation
Article 67 – paragraph 3 – point i a (new)
Article 67 – paragraph 3 – point i a (new)
(i a) assess compliance with the Charter of Fundamental Rights of the European Union as set out in point 4 of Commission Notice (2016/C 269/01) on Guidance on ensuring the respect for the Charter of Fundamental Rights of the European Union when implementing the European Structural and Investment Funds;
Amendment 196 #
Proposal for a regulation
Article 91 a (new)
Article 91 a (new)
Article 91 a Suspension of shared management 1. The Commission shall suspend a Member State’s arrangements for implementation tasks delegated to Member States for budget implementation under shared management referred to in Article [62.1 (b)] of Regulation (EU, Euratom) [number of the new Financial Regulation]of the European Parliament and of the Council (the 'Financial Regulation'), in case generalised deficiencies as regards the rule of law in that Member State have been established in accordance with [Article 5 of Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States]. Implementation tasks concerned shall be managed directly by the Commission as referred to in Article [62.1 (a)] of the Financial Regulation. 2. The Commission shall end the suspension of shared management, once the generalised deficiencies as regards the rule of law cease to exist in full. 3. The Commission shall immediately inform the European Parliament and the Council of any action taken pursuant to paragraph 1.