226 Amendments of Monika SMOLKOVÁ related to 2011/0276(COD)
Amendment 356 #
Proposal for a regulation
Recital 93 a (new)
Recital 93 a (new)
(93a) Pursuant to the Declaration of the European Council from 30 January 2012, the European Union and the Member States must modernise their economies and improve their competitiveness to secure sustainable growth. The European Union and the Member States must adopt a consistent and comprehensive approach which combines smart fiscal consolidation that preserves investments with structural measures for future growth and jobs. While upholding the principle of subsidiarity, future growth and jobs necessitate the implementation of new, innovative methods of cooperation on transnational and macro-regional levels. The macro-regional development funds that represent the innovative part of the Common Strategic Framework play a major role in meeting these objectives. The macro-regional partnership of the Member States for the realisation of common large projects, financed by the macro-regional development funds, is the synergic embodiment of the new goals of the Union and of the interests of the Member States.
Amendment 375 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 24 a (new)
Part 1 – article 2 – paragraph 2 – point 24 a (new)
(24a) 'macro-region' means a territorial structure of the regions of a group of Member States as defined by an approved macro-regional strategy; it is the area of a programme for a macro-regional development fund;
Amendment 376 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 24 b (new)
Part 1 – article 2 – paragraph 2 – point 24 b (new)
(24b) 'macro-regional development fund' means a transnational financial fund established by agreement of a group of Member States forming a macro-region and financed from the CSF funds and other sources; it represents an innovative part of the Common Strategic Framework.
Amendment 378 #
Proposal for a regulation
Part 2 – article 4 – paragraph 1
Part 2 – article 4 – paragraph 1
1. The CSF Funds shall provide support, through multi-annual programmes and macro-regional development fund programmes, which complement national, regional and local intervention, to deliver the Union strategy for smart, sustainable and inclusive growth, taking account of the Integrated Guidelines, the country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the Treaty.
Amendment 469 #
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – introductory part
Part 2 – article 9 – paragraph 1 – introductory part
Each CSF Fund shall support the objectives of approved macro-regional strategies and the following thematic objectives in accordance with their key actions in order to contribute to meeting the Union strategy for smart, sustainable and inclusive growth:
Amendment 565 #
Proposal for a regulation
Part 2 – article 13 – paragraph 4 a (new)
Part 2 – article 13 – paragraph 4 a (new)
4a. The provisions of the Partnership Contract apply equally to the macro- regional development fund Contract drawn up by the Member States.
Amendment 656 #
Proposal for a regulation
Part 2 – article 16 – paragraph 1
Part 2 – article 16 – paragraph 1
Member States shall concentrate support, in accordance with the Fund-specific rules, on actions bringing the greatest added value in relation to the Union strategy for smart, sustainable and inclusive growth, addressing the challenges identified in the country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the Treaty, and taking into account marco-regional, national and regional needs.
Amendment 692 #
Proposal for a regulation
Part 2 – article 17 – paragraph 6
Part 2 – article 17 – paragraph 6
6. Paragraphs (1 – )–(5) do not apply to programmes of the European territorial cooperation goal and to macro-regional development funds.
Amendment 726 #
Proposal for a regulation
Part 2 – article 20 – paragraph 5
Part 2 – article 20 – paragraph 5
5. Paragraph (2) does not apply to macro- regional development fund programmes and to programmes of the European territorial cooperation goal and to Chapter V of EFNHR Directive.
Amendment 743 #
Proposal for a regulation
Part 2 – article 23 – title
Part 2 – article 23 – title
Preparation of programmes and macro- regional development fund programmes.
Amendment 750 #
Proposal for a regulation
Part 2 – article 23 – paragraph 3
Part 2 – article 23 – paragraph 3
3. Programmes shall be submitted by the Member States at the same time as the Partnership Contract, with the exception of European territorial cooperation programmes and macro-regional development fund programmes, which shall be submitted within six months of the approval of the Common Strategic Framework. All programmes shall be accompanied by the ex ante evaluation as set out in Article 48. .
Amendment 756 #
Proposal for a regulation
Part 2 – article 23 – paragraph 3 a (new)
Part 2 – article 23 – paragraph 3 a (new)
3a. A macro-regional development fund is established by a Contract concluded by the Member States’ group of the approved macro-regional strategy. EIB, other Member States and non-Member States of the approved macro-regional strategy and their neighbouring countries have the right to conclude the macro-regional fund Contract.
Amendment 777 #
Proposal for a regulation
Part 2 – article 24 a (new)
Part 2 – article 24 a (new)
Amendment 782 #
Proposal for a regulation
Part 2 – article 25 a (new)
Part 2 – article 25 a (new)
Amendment 787 #
Proposal for a regulation
Part 2 – article 26 a (new)
Part 2 – article 26 a (new)
Article 26a Amendment of programmes for macro- regional development funds 1. Requests for amendment of a programme for a macro-regional development fund submitted by a group of Member States that have established a macro-regional development fund shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme for the macro-regional development fund on achieving the Union strategy for smart, sustainable and inclusive growth and the specific objectives defined in the programme for the macro-regional development fund, taking account of the Common Strategic Framework and agreements concluded by the group of Member States on establishing a macro-regional development fund. They shall be accompanied by the revised programme for the macro-regional development fund. 2. The Commission shall assess the information provided in accordance with paragraph 1, taking account of the justification provided by the group of Member States that have established a macro-regional development fund. The Commission may make observations and the group of Member States that have established a macro-regional development fund shall provide to the Commission all necessary additional information. In accordance with Fund-specific rules, the Commission shall approve requests for amendment of a programme for a macro- regional development fund no later than five months after their formal submission by the group of Member States that have established a macro-regional development fund provided that any observations made by the Commission have been satisfactorily taken into account.
Amendment 788 #
Proposal for a regulation
Part 2 – article 27 – paragraph 1
Part 2 – article 27 – paragraph 1
1. The EIB may, at the request of Member States, participate in the preparation of the Partnership Contract, or, at the request of a group of Member States that has decided to establish a macro-regional development fund, may participate in the preparation of agreements on establishing a macro-regional development fund, as well as in activities relating to the preparation of operations, in particular major projects, financial instruments and public-private partnerships.
Amendment 790 #
Proposal for a regulation
Part 2 – article 27 – paragraph 2
Part 2 – article 27 – paragraph 2
2. The Commission may consult the EIB before the adoption of the Partnership Contract or the programmeand agreements concluded by a group of Member States on establishing a macro-regional development fund or the programmes and programmes for macro- regional development funds.
Amendment 845 #
Proposal for a regulation
Part 2 – article 32 – paragraph 1 – subparagraph 1
Part 2 – article 32 – paragraph 1 – subparagraph 1
The CSF Funds may be used to support financial instruments under a programme, including whenor a programme for a macro-regional development fund, including when such a programme for a macro-regional development fund is organised through funds of funds, in order to contribute to the achievement of specific objectives set out under a priority, based on an ex-ante assessment which has identified market failures or sub-optimal investment situations, and investment needs.
Amendment 855 #
Proposal for a regulation
Part 2 – article 33 – paragraph 2
Part 2 – article 33 – paragraph 2
2. Title VIII of the Financial Regulation shall apply to financial instruments referred to in paragraph 1(a). Contributions from the CSF Funds to financial instruments under paragraph 1(a) shall be placed in separate accounts and used, in accordance with the objectives of the respective CSF Funds, to support actions and final recipients consistent with the programme, programmes or programmes for a macro- regional development fund from which such contributions are made.
Amendment 894 #
Proposal for a regulation
Part 2 – article 36 – title
Part 2 – article 36 – title
Eligible expenditure at closure of a programme or a programme for a macro- regional development fund
Amendment 895 #
Proposal for a regulation
Part 2 – article 36 – paragraph 1 – introductory part
Part 2 – article 36 – paragraph 1 – introductory part
1. At closure of a programme or a programme for a macro-regional development fund, the eligible expenditure of the financial instrument shall be the total amount effectively paid or, in the case of guarantee funds committed, by the financial instrument within the eligibility period indicated in Article 55(2), corresponding to:
Amendment 904 #
Proposal for a regulation
Part 2 – article 38 – title
Part 2 – article 38 – title
Re-use of resources attributable to the support from the CSF Funds until closure of the programme or programme for a macro-regional development fund
Amendment 906 #
Proposal for a regulation
Part 2 – article 38 – paragraph 1
Part 2 – article 38 – paragraph 1
1. Capital resources paid back to financial instruments from investments or from the release of resources committed for guarantee contracts, which are attributable to the support from the CSF Funds, shall be re-used for further investments through the same or other financial instruments, in accordance with the aims of the programme or programme, programmes, programme for a macro-regional development fund or programmes for macro-regional development funds.
Amendment 913 #
Proposal for a regulation
Part 2 – article 38 – paragraph 2 – point c
Part 2 – article 38 – paragraph 2 – point c
(c) further investments through the same or other financial instruments, in accordance with the aims of the programme or programme, programmes, programme for a macro- regional development fund or programmes for macro-regional development funds.
Amendment 916 #
Proposal for a regulation
Part 2 – article 39 – title
Part 2 – article 39 – title
Use of legacy resources after closure of the programme or programme for a macro- regional development fund
Amendment 919 #
Proposal for a regulation
Part 2 – article 39 – paragraph 1
Part 2 – article 39 – paragraph 1
Member States shall adopt the necessary measures to ensure that the capital resources and gains and other earnings or yields attributable to the support from the CSF Funds to financial instruments are used in accordance with the aims of the programme or programme for a macro- regional development fund for a period of at least 10 years after the closure of the programme or programme for a macro- regional development fund.
Amendment 925 #
Proposal for a regulation
Part 2 – article 40 – paragraph 2 – point a
Part 2 – article 40 – paragraph 2 – point a
(a) identification of the programme or programme for a macro-regional development fund and of the priority from which support from the CSF Funds is provided;
Amendment 927 #
Proposal for a regulation
Part 2 – article 40 – paragraph 2 – point d
Part 2 – article 40 – paragraph 2 – point d
(d) total amount of support by programme or programme for a macro-regional development fund and priority or measure to the financial instrument included in requests for payment submitted to the Commission;
Amendment 928 #
Proposal for a regulation
Part 2 – article 40 – paragraph 2 – point e
Part 2 – article 40 – paragraph 2 – point e
(e) total amount of support paid or committed in guarantee contracts by the financial instrument to the final recipients by programme or programme for a macro- regional development fund and priority or measure included in requests for payment submitted to the Commission;
Amendment 930 #
Proposal for a regulation
Part 2 – article 40 – paragraph 2 – point h
Part 2 – article 40 – paragraph 2 – point h
(h) contribution of the financial instrument to the achievement of the indicators of the programme or programme for a macro- regional development fund and of the priority concerned.
Amendment 932 #
Proposal for a regulation
Part 2 – article 41 – paragraph 1 – subparagraph 1 a (new)
Part 2 – article 41 – paragraph 1 – subparagraph 1 a (new)
Within three months of the date of notification of the decision adopting a programme for a macro-regional development fund, the group of Member States that established the macro-regional development fund shall set up, for each priority of the programme for a macro- regional development fund, a steering group, which shall be a committee monitoring implementation of the programme.
Amendment 937 #
Proposal for a regulation
Part 2 – article 42 – paragraph 1 – subparagraph 1 a (new)
Part 2 – article 42 – paragraph 1 – subparagraph 1 a (new)
The steering group functioning as a committee to monitor implementation of the macro-regional development fund shall consist of experts in accordance with the triple helix model, which means that an equal number shall be taken from the public sector, the academic sector and the business sector. Each member of the monitoring committee shall have voting rights.
Amendment 944 #
Proposal for a regulation
Part 2 – article 42 – paragraph 3
Part 2 – article 42 – paragraph 3
3. If the EIB contributes to a programme, or a programme for a macro-regional development fund, it may participate in the work of the monitoring committee in an advisory capacity.
Amendment 945 #
Proposal for a regulation
Part 2 – article 43 – paragraph 1
Part 2 – article 43 – paragraph 1
1. The monitoring committee shall meet at least once a year and shall review implementation of the programme, or programme for a macro-regional development fund, and progress towards achieving its objectives. In doing so, it shall have regard to the financial data, common and programme- specific indicatorsindicators and indicators specific to the programme or programme for a macro-regional development fund, including changes in result indicators and progress towards quantified target values, and the milestones defined in the performance framework.
Amendment 947 #
Proposal for a regulation
Part 2 – article 43 – paragraph 2
Part 2 – article 43 – paragraph 2
2. The monitoring committee shall examine in detail all issues that affect the performance of the programme, or programme for a macro-regional development fund.
Amendment 949 #
Proposal for a regulation
Part 2 – article 43 – paragraph 3
Part 2 – article 43 – paragraph 3
3. The monitoring committee shall be consulted and issue an opinion on any amendment of the programme, or programme for a macro-regional development fund, proposed by the managing authority.
Amendment 951 #
Proposal for a regulation
Part 2 – article 43 – paragraph 4
Part 2 – article 43 – paragraph 4
4. The monitoring committee may issue recommendations to the managing authority regarding implementation of the programme, or programme for a macro- regional development fund, and its evaluation. It shall monitor actions taken as a result of its recommendations.
Amendment 954 #
Proposal for a regulation
Part 2 – article 44 – paragraph 1 – subparagraph 1
Part 2 – article 44 – paragraph 1 – subparagraph 1
From 2016 until and including 2022, the Member State shall submit to the Commission an annual report on implementation of the programme, or programme for a macro-regional development fund, in the previous financial year.
Amendment 958 #
Proposal for a regulation
Part 2 – article 44 – paragraph 2
Part 2 – article 44 – paragraph 2
2. Annual implementation reports shall set out information on implementation of the programme, or programme for a macro- regional development fund, and its priorities by reference to the financial data, common and programme-specific indicators and quantified target values, including changes in result indicators, and the milestones defined in the performance framework. The data transmitted shall relate to values for indicators for fully implemented operations and also for selected operations. They shall also set out actions taken to fulfil the ex-ante conditionalities and any issues which affect the performance of the programme, or programme for a macro-regional development fund, and the corrective measures taken.
Amendment 963 #
Proposal for a regulation
Part 2 – article 44 – paragraph 3
Part 2 – article 44 – paragraph 3
3. The annual implementation report submitted in 2017 shall set out and assess the information set out in paragraph 2 and progress towards achieving the objectives of the programme, or programme for a macro-regional development fund, including the contribution of the CSF Funds to changes in result indicators, when evidence is available from evaluations. It shall also assess the implementation of actions to take into account the principles set out in Articles 6, 7 and 8 and report on support used for climate change targets.
Amendment 966 #
Proposal for a regulation
Part 2 – article 44 – paragraph 4
Part 2 – article 44 – paragraph 4
4. The annual implementation report submitted in 2019 and the final implementation report for the CSF Funds shall, in addition to the information and assessment set out in paragraphs 2 and 3, include information on and assesses progress towards achieving the objectives of the programme, or programme for a macro- regional development fund, and its contribution to achieving the Union strategy for smart, sustainable and inclusive growth.
Amendment 967 #
Proposal for a regulation
Part 2 – article 44 – paragraph 7
Part 2 – article 44 – paragraph 7
7. The Commission may issue recommendations to address any issues which affect the implementation of the programme, or programme for a macro- regional development fund. Where such recommendations are made, the managing authority shall inform the Commission within three months of the corrective measures taken.
Amendment 973 #
Proposal for a regulation
Part 2 – article 45 – paragraph 1
Part 2 – article 45 – paragraph 1
1. An annual review meeting shall be organised every year from 2016 until and including 2022 between the Commission and each Member State to examine the performance of each programme, or programme for a macro-regional development fund, taking account of the annual implementation report and the Commission's observations and recommendations, where applicable.
Amendment 974 #
Proposal for a regulation
Part 2 – article 45 – paragraph 2
Part 2 – article 45 – paragraph 2
2. The annual review meeting may cover more than one programme, or programme for a macro-regional development fund. In 2017 and 2019, the annual review meeting shall cover all programmes and programmes for macro-regional development funds in the Member State and shall also take account of the progress reports submitted by the Member State in accordance with Article 46 in those years.
Amendment 975 #
Proposal for a regulation
Part 2 – article 45 – paragraph 3
Part 2 – article 45 – paragraph 3
3. The Member State and the Commission may agree not to organise an annual review meeting for a programme or programme for a macro-regional development fund in years other than 2017 and 2019.
Amendment 983 #
Proposal for a regulation
Part 2 – article 46 – paragraph 10 – point d
Part 2 – article 46 – paragraph 10 – point d
(d) implementation of mechanisms to ensure coordination between the CSF Funds and other Union, macro-regional development fund and national funding instruments and with the EIB;
Amendment 986 #
Proposal for a regulation
Part 2 – article 46 – paragraph 10 – point f
Part 2 – article 46 – paragraph 10 – point f
(f) actions taken to reinforce the capacity of the Member State authoritiesauthorities of the Member State, or the group of Member States that has established a macro-regional development fund, and, where appropriate, beneficiaries to administer and use the CSF Funds;
Amendment 988 #
Proposal for a regulation
Part 2 – article 46 – paragraph 10 – point g
Part 2 – article 46 – paragraph 10 – point g
(g) actions planned and corresponding targets in the programmes, or programmes for macro-regional development funds, to achieve a reduction in the administrative burden for beneficiaries;
Amendment 993 #
Proposal for a regulation
Part 2 – article 46 – paragraph 3
Part 2 – article 46 – paragraph 3
3. Where the Commission determines, within three months of the date of submission of the progress report that the information submitted is incomplete or unclear, it may request additional information from the Member State. The Member State, or group of Member States that have established a macro-regional development fund. The Member State, or the group of Member States that have established a macro-regional development fund, shall provide to the Commission the information requested within three months and, where appropriate, shall revise the progress report accordingly.
Amendment 995 #
Proposal for a regulation
Part 2 – article 46 – paragraph 4
Part 2 – article 46 – paragraph 4
4. In 2017 and 2019, the Commission shall prepare a strategic report summarising the progress reports of the Member States, or the group of Member States that have established a macro-regional development fund, which it shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 997 #
Proposal for a regulation
Part 2 – article 47 – paragraph 1
Part 2 – article 47 – paragraph 1
1. Evaluations shall be carried out to improve the quality of the design and implementation of programmes, or programmes for macro-regional development funds, as well as to assess their effectiveness, efficiency and impact. Impact of programmes, or programmes for macro-regional development funds, shall be evaluated in accordance with the mission of the respective CSF Funds in relation to the targets for the Union strategy for smart, sustainable and inclusive growth33 as well as in relation to Gross Domestic Product (GDP) and unemployment, where appropriate.
Amendment 1001 #
Proposal for a regulation
Part 2 – article 47 – paragraph 2
Part 2 – article 47 – paragraph 2
2. Member States, or the group of Member States that have established a macro- regional development fund, shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to common indicators and where appropriate programme-specific indicatorsindicators specific to the programme or the programme for the macro-regional development fund.
Amendment 1003 #
Proposal for a regulation
Part 2 – article 47 – paragraph 3
Part 2 – article 47 – paragraph 3
3. Evaluations shall be carried out by experts that are functionally independent of the authorities responsible for programme implementation of the programme or the programme for a macro-regional development fund. The Commission shall provide guidance on how to carry out evaluations.
Amendment 1007 #
Proposal for a regulation
Part 2 – article 48 – paragraph 1
Part 2 – article 48 – paragraph 1
1. Member States, or a group of Member States that have established a macro- regional development fund, shall carry out ex-ante evaluations to improve the quality of the design of each programme or programme for a macro-regional development fund.
Amendment 1008 #
Proposal for a regulation
Part 2 – article 48 – paragraph 2
Part 2 – article 48 – paragraph 2
2. Ex-ante evaluations shall be carried out under the responsibility of the authority responsible for the preparation of the programmes, or programme for macro- regional development funds. They shall be submitted to the Commission at the same time as the programme, or the programme for a macro-regional development fund, together with an executive summary. The Fund-specific rules may establish thresholds under which the ex- ante evaluation may be combined with the evaluation for another programme or programme for a macro-regional development fund.
Amendment 1012 #
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point c
Part 2 – article 48 – paragraph 3 – point c
(c) the consistency of the allocation of budgetary resources with the objectives of the programme or the programme for a macro-regional development fund;
Amendment 1015 #
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point d
Part 2 – article 48 – paragraph 3 – point d
(d) the consistency of the selected thematic objectives, the priorities and corresponding objectives of the programmes, or programmes for macro-regional development funds, with the Common Strategic Framework, the Partnership Contract and the country- specific recommendations under Article 121(2) of the Treaty and the Council recommendations adopted under Article 148(4) of the Treaty;
Amendment 1016 #
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point e
Part 2 – article 48 – paragraph 3 – point e
(e) the relevance and clarity of the proposed programme indicatorindicators for programmes, or programmes for macro-regional development funds;
Amendment 1019 #
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point i
Part 2 – article 48 – paragraph 3 – point i
(i) the adequacy of human resources and administrative capacity for management of the programme, or the programme for a macro-regional development fund;
Amendment 1020 #
Proposal for a regulation
Part 2 – article 48 – paragraph 3 – point j
Part 2 – article 48 – paragraph 3 – point j
(j) the suitability of the procedures for monitoring the programme, or the programme for a macro-regional development fund, and for collecting the data necessary to carry out evaluations;
Amendment 1032 #
Proposal for a regulation
Part 2 – article 49 – paragraph 3
Part 2 – article 49 – paragraph 3
3. During the programming period, managing authorities shall carry out evaluations including evaluations to assess effectiveness, efficiency and impact, for each programme, or programme for a macro-regional development fund, on the basis of the evaluation plan. At least once during the programming period, an evaluation shall assess how support from the CSF Funds has contributed to the objectives for each priority. All evaluations shall be examined by the monitoring committee and sent to the Commission.
Amendment 1034 #
Proposal for a regulation
Part 2 – article 49 – paragraph 4
Part 2 – article 49 – paragraph 4
4. The Commission may carry out, at its own initiative, evaluations of programmes, or programmes for macro-regional development funds.
Amendment 1036 #
Proposal for a regulation
Part 2 – article 50 – paragraph 1
Part 2 – article 50 – paragraph 1
The ex post evaluations shall be carried out by the Commission or by the Member States, the Member States, or the group of Member States that have established a macro-regional development fund, in close cooperation. Ex post evaluations shall examine the effectiveness and efficiency of the CSF Funds and their contribution to the Union strategy for smart, sustainable and inclusive growth in accordance with specific requirements established in the Fund-specific rules. Ex post evaluations shall be completed by 31 December 2023.
Amendment 1038 #
Proposal for a regulation
Part 2 – article 51 – paragraph 1 – subparagraph 1
Part 2 – article 51 – paragraph 1 – subparagraph 1
At the initiative of, or on behalf of the Commission, the CSF Funds may support the preparatory, monitoring, administrative and technical assistance, evaluation, audit and, control measures and grant schemes to support competitiveness and employment necessary for implementing this Regulation.
Amendment 1043 #
Proposal for a regulation
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point j a (new)
Part 2 – article 51 – paragraph 1 – subparagraph 2 – point j a (new)
(j a) grant schemes to support competitiveness and employment implemented under the macro-regional development funds and applying to the entire period of implementation of macro- regional projects within the priorities of the programmes of the macro-regional development funds.
Amendment 1047 #
Proposal for a regulation
Part 2 – article 52 – paragraph 1
Part 2 – article 52 – paragraph 1
1. At the initiative of a Member State, the CSF Funds may support actions for preparation, management, monitoring, evaluation, information and communication, networking, complaint resolution, and control and audi, audit and grant schemes to support competitiveness and employment. The CSF Funds may be used by the Member State to support actions for the reduction of administrative burden for beneficiaries, including electronic data exchange systems, and actions to reinforce the capacity of Member State authorities and beneficiaries of Member States, or a group of Member States that have established a macro- regional development fund, to administer and use the CSF Funds. These actions may concern preceding and subsequent programming periods.
Amendment 1053 #
Proposal for a regulation
Part 2 – article 53 – paragraph 2
Part 2 – article 53 – paragraph 2
2. Technical assistance measures implemented at the initiative of, or on behalf of, the Commission, as well as macro-regional projects implemented under the priorities of programmes for macro-regional development funds as major projects, on the territory of at least four Member States of the approved macro-regional strategy, together with the applied grant scheme to promote competitiveness and employment, may be financed at the rate of 100 %.
Amendment 1066 #
Proposal for a regulation
Part 2 – article 55 – paragraph 1
Part 2 – article 55 – paragraph 1
(1) The eligibility of expenditure shall be determined on the basis of national rules, or rules agreed by a group of Member States in an agreement on implementing a macro-regional development fund, except where specific rules are laid down in or on the basis of this Regulation or the Fund- specific rules.
Amendment 1071 #
Proposal for a regulation
Part 2 – article 55 – paragraph 8
Part 2 – article 55 – paragraph 8
8. An operation may receive support from one or more CSF Funds and from other Union instruments, provided that the expenditure item included in a request for payment for reimbursement by one of the CSF Funds does not receive support from another Fund or Union instrument, or support from the same Fund under another programme, or programme for a macro- regional development fund.
Amendment 1085 #
Proposal for a regulation
Part 2 – article 59 – paragraph 1 – introductory part
Part 2 – article 59 – paragraph 1 – introductory part
1. Contributions in kind in the form of provision of works, goods, services, land and real estate for which no cash payment supported by invoices or documents of equivalent probative value has been made, may be eligible provided that the eligibility rules of the CSF Funds, the programme and the programme for a macro-regional development fund allow for it and that all the following conditions are fulfilled:
Amendment 1086 #
Proposal for a regulation
Part 2 – article 59 – paragraph 2 – point a
Part 2 – article 59 – paragraph 2 – point a
(a) the eligibility rules of the programme, or the programme for a macro-regional development fund, allow for it;
Amendment 1096 #
Proposal for a regulation
Part 2 – article 60 – paragraph 1
Part 2 – article 60 – paragraph 1
1. Operations supported by the CSF Funds, subject to the derogations referred to in paragraphs 2 and 3, and the Fund-specific rules, shall be located in the area covered by the programme under which they are supported (the ‘programme area, or area of a programme for a macro-regional development fund’).
Amendment 1097 #
Proposal for a regulation
Part 2 – article 60 – paragraph 2 – introductory part
Part 2 – article 60 – paragraph 2 – introductory part
2. The managing authority may accept that an operation is implemented outside the programme area, or the area of a programme for a macro-regional development fund, but within the Union, provided that all the following conditions are satisfied:
Amendment 1098 #
Proposal for a regulation
Part 2 – article 60 – paragraph 2 – point a
Part 2 – article 60 – paragraph 2 – point a
(a) the operation is for the benefit of the programme area, or the area of a programme for a macro-regional development fund;
Amendment 1099 #
Proposal for a regulation
Part 2 – article 60 – paragraph 2 – point b
Part 2 – article 60 – paragraph 2 – point b
(b) the total amount allocated under the programme to operations located outside the programme area, or the area of a programme for a macro-regional development fund, does not exceed 10 % of the support from the ERDF, Cohesion Fund and EMFF at the level of the priority, or 3 % of the support from the EAFRD at the level of the programme, or the programme for a macro-regional development fund;
Amendment 1103 #
Proposal for a regulation
Part 2 – article 60 – paragraph 2 – point d
Part 2 – article 60 – paragraph 2 – point d
(d) the obligations of the authorities for the programme, or the programme for a macro-regional development fund, in relation to management, control and audit concerning the operation are fulfilled by the authorities responsible for the programme, or the programme for a macro-regional development fund, under which that operation is supported or they enter into agreements with authorities in the area in which the operation is implemented provided that the conditions set out in paragraph 2(a) and the obligations in relation to management, control and audit concerning the operation are fulfilled.
Amendment 1112 #
Proposal for a regulation
Part 2 – article 63 – title
Part 2 – article 63 – title
Responsibilities of Member States and groups of Member States that have established a macro-regional development fund
Amendment 1113 #
Proposal for a regulation
Part 2 – article 63 – paragraph 1
Part 2 – article 63 – paragraph 1
1. Member States, or groups of Member States that have established a macro- regional development fund, shall fulfil the management, control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the Financial Regulation and the Fund-specific rules. In accordance with the principle of shared management, Member States shall be responsible for the management and control of programmes. A group of Member States that has established a macro-regional development fund is responsible for the management and control of the macro-regional development programme.
Amendment 1114 #
Proposal for a regulation
Part 2 – article 63 – paragraph 2
Part 2 – article 63 – paragraph 2
2. Member States or groups of Member States that have established macro- regional development funds shall ensure that their management and control systems for programmes are set up in accordance with the provisions of the Fund-specific rules and that the systems function effectively.
Amendment 1117 #
Proposal for a regulation
Part 2 – article 63 – paragraph 3
Part 2 – article 63 – paragraph 3
3. Member States or groups of Member States that have established macro- regional development funds shall establish and implement a procedure for the independent examination and resolution of complaints concerning the selection or implementation of operations co-financed by the CSF Funds. Member States or groups of Member States that have established macro-regional development funds shall report the results of such examinations to the Commission upon request.
Amendment 1118 #
Proposal for a regulation
Part 2 – article 63 – paragraph 4
Part 2 – article 63 – paragraph 4
4. All official exchanges of information between the Member State or group of Member States that have established a macro-regional development fund and the Commission shall be carried out using an electronic data exchange system established in compliance with the terms and conditions laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 1126 #
Proposal for a regulation
Part 2 – article 64 – paragraph 5
Part 2 – article 64 – paragraph 5
5. The Member State or group of Member States that have established a macro- regional development fund may designate a coordinating body whose responsibility is to liaise with and provide information to the Commission, promote the harmonised application of Union rules, establish a synthesis report providing an overview at national level of all management declarations and the audit opinions and coordinate the implementation of remedial actions as regards any deficiencies of a common nature.
Amendment 1129 #
Proposal for a regulation
Part 2 – article 65 – paragraph 1
Part 2 – article 65 – paragraph 1
1. The Commission shall satisfy itself on the basis of available information, including the accreditation procedure, annual management declaration, annual control reports, annual audit opinion, annual implementation report and audits carried out by national and Union bodies, that the Member States or groups of Member States that have established a macro-regional development fund have set up management and control systems that comply with this Regulation and the Fund- specific rules and that these systems function effectively during the implementation of programmes.
Amendment 1131 #
Proposal for a regulation
Part 2 – article 65 – paragraph 2 – subparagraph 1
Part 2 – article 65 – paragraph 2 – subparagraph 1
Without prejudice to audits carried out by Member States, or groups of Member States that have established a macro- regional development fund, Commission officials or authorised Commission representatives may carry out on-the-spot audits or checks upon giving adequate prior notice. The scope of such audits or checks may include, in particular, verification of the effective functioning of management and control systems in a programme or a part thereof, operations and assessment of the sound financial management of operations or programmes. Officials or authorised representatives of the Member State or group of Member States that have established a macro- regional development fund may take part in such audits.
Amendment 1132 #
Proposal for a regulation
Part 2 – article 65 – paragraph 2 – subparagraph 2
Part 2 – article 65 – paragraph 2 – subparagraph 2
Commission officials or authorised Commission representatives, duly empowered to carry out on-the-spot audits, shall have access to all records, documents and metadata, irrespective of the medium in which they are stored, relating to operations supported by the CSF Funds or to management and control systems. Member States or groups of Member States that have established a macro- regional development fund shall provide copies of such records, documents and metadata to the Commission upon request.
Amendment 1133 #
Proposal for a regulation
Part 2 – article 65 – paragraph 3
Part 2 – article 65 – paragraph 3
3. The Commission may require a Member State or a group of Member States that have established a macro-regional development fund to take the actions necessary to ensure the effective functioning of their management and control systems or the correctness of expenditure in accordance with the Fund- specific rules.
Amendment 1134 #
Proposal for a regulation
Part 2 – article 65 – paragraph 4
Part 2 – article 65 – paragraph 4
4. The Commission may require a Member State or group of Member States that have established a macro-regional development fund to examine a complaint submitted to the Commission concerning the selection or implementation of operations cofinanced by the CSF Funds or the functioning of the management and control system.
Amendment 1136 #
Proposal for a regulation
Part 2 – article 66 – paragraph 1
Part 2 – article 66 – paragraph 1
The budget commitments of the Union in respect of each programme or macro- regional development programme shall be made in annual instalments for each Fund during the period between 1 January 2014 and 31 December 2020. The decision of the Commission adopting a programme or macro-regional development programme shall constitute the financing decision within the meaning of Article 75(2) of the Financial Regulation and once notified to the Member State or group of Member States that have established a macro- regional development fund concerned, a legal commitment within the meaning of that Regulation.
Amendment 1140 #
Proposal for a regulation
Part 2 – article 66 – paragraph 4
Part 2 – article 66 – paragraph 4
As regards the performance reserve, budget commitments shall follow the Commission decision approving the amendment of the programme, or macro-regional development programme.
Amendment 1147 #
Proposal for a regulation
Part 2 – article 71 – paragraph 1
Part 2 – article 71 – paragraph 1
Amounts set out in programmes submitted by Member States, or in macro-regional development programmes submitted by groups of Member States that have established a macro-regional development fund, forecasts of expenditure, statements of expenditure, requests for payment, annual accounts and expenditure mentioned in the annual and final implementation reports shall be denominated in euro.
Amendment 1149 #
Proposal for a regulation
Part 2 – article 72 – paragraph 1
Part 2 – article 72 – paragraph 1
1. Following the Commission decision adopting the programme, or macro- regional development programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. The initial pre-financing amount shall be paid in instalments according to budgetary needs. The instalments shall be defined in the Fund- specific rules.
Amendment 1151 #
Proposal for a regulation
Part 2 – article 72 – paragraph 2
Part 2 – article 72 – paragraph 2
2. Pre-financing shall be used only for making payments to beneficiaries in the implementation of the programme or macro-regional development programme. It shall be made available without delay to the responsible body for this purpose.
Amendment 1153 #
Proposal for a regulation
Part 2 – article 73 – paragraph 1
Part 2 – article 73 – paragraph 1
The amount paid as initial pre-financing shall be totally cleared from the Commission accounts at the latest when the programme, or macro-regional development programme, is closed.
Amendment 1157 #
Proposal for a regulation
Part 2 – article 74 – paragraph 2
Part 2 – article 74 – paragraph 2
2. The authorising officer by delegation may limit the interruption to the part of the expenditure covered by the payment claim affected by the elements referred to in paragraph 1. The authorising officer by delegation shall inform the Member State, or group of Member States that have established a macro-regional development fund, and the managing authority immediately of the reason for interruption and shall ask them to remedy the situation. The interruption shall be ended by the authorising officer by delegation as soon as the necessary measures have been taken.
Amendment 1159 #
Proposal for a regulation
Part 2 – article 75 – paragraph 1 – introductory part
Part 2 – article 75 – paragraph 1 – introductory part
1. By 1 February of the year following the end of the accounting period, the Member State, or group of Member States that have established a macro-regional development fund, shall submit to the Commission the following documents and information in accordance with [Article 56] of the Financial Regulation:
Amendment 1166 #
Proposal for a regulation
Part 2 – article 75 – paragraph 2
Part 2 – article 75 – paragraph 2
2. Upon request by the Commission, the Member State shall provide further information to the Commission. If a Member State, or group of Member States that have established a macro-regional development fund, shall provide further information to the Commission. If a Member State, or group of Member States that have established a macro-regional development fund, does not provide the requested information by the deadline for its submission set by the Commission, the Commission may take its decision on the clearance of the accounts on the basis of the information in its possession.
Amendment 1167 #
Proposal for a regulation
Part 2 – article 75 – paragraph 3
Part 2 – article 75 – paragraph 3
3. By [15 February] of the year following the end of the accounting period, the Member State, or group of Member States which have established a macro-regional development fund, shall submit to the Commission a synthesis report in accordance with the last subparagraph of [Article 56(5)] of the Financial Regulation.
Amendment 1171 #
Proposal for a regulation
Part 2 – article 76 – paragraph 1
Part 2 – article 76 – paragraph 1
1. By 30 April of the year following the end of the accounting period, the Commission shall decide, in accordance with the Fund-specific rules, on the clearance of the accounts of the relevant bodies accredited pursuant to Article 64 for each programme, or macro-regional development fund programme. The clearance decision shall cover the completeness, accuracy and veracity of the annual accounts submitted and shall be without prejudice to any subsequent financial corrections.
Amendment 1172 #
Proposal for a regulation
Part 2 – article 77 – paragraph 1
Part 2 – article 77 – paragraph 1
1. The Commission shall make financial corrections by cancelling all or part of the Union contribution to a programme, or macro- regional development fund programme or part thereof, and effecting recovery from the Member State in order to exclude from Union financing expenditure which is in breach of applicable Union and national law, including in relation to deficiencies in the management and control systems of Member States which have been detected by the Commission or the European Court of Auditors.
Amendment 1178 #
Proposal for a regulation
Part 2 – article 78 – paragraph 1
Part 2 – article 78 – paragraph 1
1. All programmes, or macro-regional development fund programmes, shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which are not covered by prefinancing or a request for payment within a defined period shall be decommitted.
Amendment 1179 #
Proposal for a regulation
Part 2 – article 78 – paragraph 2
Part 2 – article 78 – paragraph 2
2. The commitment related to the last year of the period will be decommitted according to the rules to be followed for the closure of the programmes, or macro- regional development fund programmes.
Amendment 1180 #
Proposal for a regulation
Part 2 – article 78 – paragraph 4
Part 2 – article 78 – paragraph 4
4. That part of commitments still open shall be decommitted if any of the documents required for the closure of a programme, or a macro-regional development fund programme, has not been submitted to the Commission by the deadlines established in the Fund-specific rules.
Amendment 1181 #
Proposal for a regulation
Part 2 – article 79 – paragraph 1 – subparagraph 1 – point b
Part 2 – article 79 – paragraph 1 – subparagraph 1 – point b
(b) reasons of force majeure seriously affecting implementation of all or part of the programme. The national authoritiesf the programme, or a macro-regional development programme or part thereof. The national authorities or the authorities in the groups of Member States which have established a macro-regional development fund, claiming force majeure shall demonstrate the direct consequences of the force majeure on the implementation of all or part of the programme, or a macro- regional development programme, or part thereof.
Amendment 1182 #
Proposal for a regulation
Part 2 – article 80 – paragraph 1
Part 2 – article 80 – paragraph 1
1. The Commission shall inform the Member State, or group of Member States which have established a macro-regional development fund, and the managing authority in good time whenever there is a risk of application of decommitment under Article 78.
Amendment 1183 #
Proposal for a regulation
Part 2 – article 80 – paragraph 2
Part 2 – article 80 – paragraph 2
2. On the basis of the information it has on 31 January, the Commission shall inform the Member State, or group of Member States that have established a macro- regional development fund, and the managing authority of the amount of the decommitment resulting from the information in its possession.
Amendment 1184 #
Proposal for a regulation
Part 2 – article 80 – paragraph 3
Part 2 – article 80 – paragraph 3
3. The Member State, or group of Member States that have established a macro- regional development fund, shall have two months to agree to the amount to be decommitted or to submit its observations.
Amendment 1185 #
Proposal for a regulation
Part 2 – article 80 – paragraph 4
Part 2 – article 80 – paragraph 4
4. By 30 June, the Member State, or group of Member States which have established a macro-regional development fund, shall submit to the Commission a revised financing plan reflecting for the financial year concerned the reduced amount of support over one or several priorities of the programme, or a macro-regional development fund programme. Failing such submission, the Commission shall revise the financing plan by reducing the contribution from the CSF Funds for the financial year concerned. This reduction shall be allocated to each priority proportionately.
Amendment 1187 #
Proposal for a regulation
Part 2 – article 80 – paragraph 5
Part 2 – article 80 – paragraph 5
5. The Commission shall amend the decision adopting the programme, or a macro-regional development fund programme, by means of implementing acts, not later than 30 September.
Amendment 1190 #
Proposal for a regulation
Part 3 – article 81 – paragraph 2 – point b a (new)
Part 3 – article 81 – paragraph 2 – point b a (new)
(b a) ‘Macro-regional cooperation’ groups of Member States which have established a macro-regional development fund, which is supported by all funds.
Amendment 1319 #
Proposal for a regulation
Part 3 – article 84 a (new)
Part 3 – article 84 a (new)
Amendment 1324 #
Proposal for a regulation
Part 3 – article 85 – paragraph 1
Part 3 – article 85 – paragraph 1
1. The total appropriations allocated between each of those categories of regionsto each Member State in respect of to each Member State in respect of less developed regions, transition less developed regions, transition regions and more developed regions and more developed regions shall not be transferable regions shall not be transferable between each of those categories of regions. This measure does not relate to appropriations allocated to the macro-regional development fund for the macro-regional cooperation goal.
Amendment 1337 #
Proposal for a regulation
Part 3 – article 86 – paragraph 7
Part 3 – article 86 – paragraph 7
7. Paragraphs 1 to 6 shall not apply to operational programmes under the European territorial cooperation goal or to macro-regional development fund programmes which form part of the macro-regional cooperation goal.
Amendment 1424 #
Proposal for a regulation
Part 3 – article 87 a (new)
Part 3 – article 87 a (new)
Amendment 1431 #
Proposal for a regulation
Part 3 – article 88 – paragraph 3
Part 3 – article 88 – paragraph 3
3. Paragraphs 1 and 2 shall not apply to programmes under the European territorial cooperation goal or to macro-regional development fund programmes which form part of the macro-regional cooperation goal.
Amendment 1435 #
Proposal for a regulation
Part 3 – article 90 – paragraph 1
Part 3 – article 90 – paragraph 1
As part of an operational programme or operational programmes, or macro- regional development fund programmes, the ERDF and the Cohesion Fund may support an operation comprising a series of works, activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and whose total cost exceeds EUR 50 000 000 (a 'major project'). Financial instruments shall not be considered major projects. All macro- regional projects supported by the macro- regional development fund programme must comply with the classification of major projects.
Amendment 1438 #
Proposal for a regulation
Part 3 – article 91 – paragraph 1 – subparagraph 1 – introductory part
Part 3 – article 91 – paragraph 1 – subparagraph 1 – introductory part
The Member State, a group of Member States that have established a macro- regional development fund, or the managing authority shall submit the following information on major projects to the Commission as soon as preparatory work has been completed:
Amendment 1454 #
Proposal for a regulation
Part 3 – article 91 – paragraph 2 a (new)
Part 3 – article 91 – paragraph 2 a (new)
2a. Macro-regional projects submitted to the Governing Council of the macro- regional development fund for approval must be on the list of macro-regional projects contained in the programme for the macro-regional development fund. The group of Member States that has established the macro-regional development fund, or the Governing Council of the macro-regional development fund, shall check the list two years after the adoption of the programme for the macro-regional development fund. At the request of the group of Member States, the list may be revised with the main aim of including macro-regional projects expected to be completed by the end of 2022.
Amendment 1462 #
Proposal for a regulation
Part 3 – article 93 – paragraph 1
Part 3 – article 93 – paragraph 1
1. A joint action plan is an operation defined and managed in relation to the outputs and results which it will achieve. It comprises a group of projects and macro- regional projects, not consisting in the provision of infrastructure, carried out under the responsibility of the beneficiary, as part of an operational programme or programme, operational programmes or programmes for macro-regional development funds. The outputs and results of a joint action plan shall be agreed between the Member State, or a group of Member States that have established a macro-regional development fund, and the Commission and shall contribute to specific objectives of the operational programmes and form the basis of support from the Funds. Results shall refer to direct effects of the joint action plan. The beneficiary shall be a public law body. Joint action plans shall not be considered as major projects.
Amendment 1468 #
Proposal for a regulation
Part 3 – article 93 a (new)
Part 3 – article 93 a (new)
Article 93a Decision on a major project (1) The Governing Council of the macro- regional development fund shall assess a macro-regional project on the basis of the information referred to in Article 91 with the aim of determining whether the proposed support from the Funds is justified. (2) The Governing Council of the macro- regional development fund shall take a decision no later than three months after the provision of information on the basis of which a macro-regional project is to be approved in accordance with Article 91. This decision shall contain a concrete description of the project, the amount covered by the co-financing rate for the priority axis, physical and financial indicators for monitoring progress and the expected contribution of the macro- regional projects to fulfilling the objectives of the relevant priority axis or axes. The decision on approval is conditional on the conclusion of an initial works contract within two years of the date of the decision. (3) If the Governing Council of the macro-regional development fund refuses to consent to the provision of support from the Funds for a macro-regional project, it shall notify the group of Member States that has established the macro-regional development fund of its reasons for refusal within the period specified in Paragraph 2. (4) Expenses in relation to macro- regional projects shall not be included in payment requests until the Governing Council of the macro-regional development fund has taken a favourable decision. (5) The Governing Council of the macro- regional development fund shall inform the Commission of its decision.
Amendment 1469 #
Proposal for a regulation
Part 3 – article 94 – paragraph 1
Part 3 – article 94 – paragraph 1
1. The Member State, or a group of Member States that have established a macro-regional development fund, the managing authority or any designated public law body may submit a proposal for a joint action plan at the same time as or subsequent to the submission of the operational programmes and programmes for macro-regional development funds concerned. It shall contain all the elements referred to in Article 95. Justification Taking into account the amendments on the innovation part of the common strategic framework and on real macro- regional cooperation based on dialogue and consensus between Member States agreeing to establish a macro-regional development fund or States acceding to an agreement on establishing a macro- regional development fund.
Amendment 1471 #
Proposal for a regulation
Part 3 – article 95 – paragraph 1 – point 1
Part 3 – article 95 – paragraph 1 – point 1
(1) an analysis of the development needs and objectives justifying the joint action plan, taking into account the objectives of the operational programmes and programmes for macro-regional development funds and, where applicable, the country-specific recommendations and the broad guidelines of the economic policies of the Member States and of the Union under Article 121(2) and the Council recommendations which the Member States, or a group of Member States that have established macro- regional development funds, shall take into account in their employment policies under Article 148(4) of the Treaty;
Amendment 1474 #
Proposal for a regulation
Part 3 – article 95 – paragraph 1 – point 2
Part 3 – article 95 – paragraph 1 – point 2
(2) the framework describing the relationship between the general and specific objectives of the joint action plan, the milestones and the targets for outputs and results, and the projects or types ofand planned macro-regional projects or types of projects and types of macro-regional projects envisaged;
Amendment 1479 #
Proposal for a regulation
Part 3 – article 95 – paragraph 1 – point 9 – point c
Part 3 – article 95 – paragraph 1 – point 9 – point c
(c) the financing plan by operational programme, or programme for a macro- regional development fund, and priority axis, including the total eligible amount and the public support.
Amendment 1482 #
Proposal for a regulation
Part 3 – article 96 – paragraph 1 – subparagraph 2
Part 3 – article 96 – paragraph 1 – subparagraph 2
Where the Commission, within three months following the submission of a joint action plan proposal, considers that it does not meet the appraisal requirements, it shall make observations to the Member State. The Member State, or a group of Member States that have established a macro-regional development fund. The Member State, or the group of Member States that have established a macro-regional development fund, shall provide to the Commission all necessary additional information requested and, where appropriate, revise the joint action plan accordingly.
Amendment 1483 #
Proposal for a regulation
Part 3 – article 96 – paragraph 2
Part 3 – article 96 – paragraph 2
2. Provided that any observations have been satisfactorily taken into account, the Commission shall adopt a decision approving the joint action plan no later than 6 months after its submission by the Member State, or a group of Member States that have established a macro- regional development fund, but not before the adoption of the operational programmes, or programmes for macro- regional development funds, concerned.
Amendment 1484 #
Proposal for a regulation
Part 3 – article 96 – paragraph 3
Part 3 – article 96 – paragraph 3
3. The decision referred to in pParagraph 2 shall indicate the beneficiary and the objectives of the joint action plan, the milestones and targets for outputs and results, the costs of achieving these milestones, outputs and result targets, and the financing plan by operational programme or programme for a macro- regional development fund and priority axis, including the total eligible amount and the public contribution, the implementation period of the joint action plan and, where relevant, the geographical coverage and target groups of the joint action plan.
Amendment 1485 #
Proposal for a regulation
Part 3 – article 96 – paragraph 4
Part 3 – article 96 – paragraph 4
4. Where the Commission refuses to allow support from the Funds to be given to a joint action plan, it shall notify the Member State, or the group of Member States that has established a macro-regional development fund, of its reasons within the period laid down in pParagraph 2.
Amendment 1486 #
Proposal for a regulation
Part 3 – article 97 – paragraph 1 – subparagraph 1
Part 3 – article 97 – paragraph 1 – subparagraph 1
The Member State, or a group of Member States that have established a macro- regional development fund, or the managing authority shall set up a steering committee for the joint action plan, distinct from the monitoring committee of the operational programmes, or the monitoring committee of the programme for a macro-regional development fund. The steering committee shall meet at least twice a year.
Amendment 1487 #
Proposal for a regulation
Part 3 – article 97 – paragraph 1 – subparagraph 2
Part 3 – article 97 – paragraph 1 – subparagraph 2
Its composition shall be decided by the Member State, or a group of Member States that have established a macro- regional development fund, in agreement with the managing authority, respecting the principle of partnership.
Amendment 1490 #
Proposal for a regulation
Part 3 – article 97 – paragraph 3
Part 3 – article 97 – paragraph 3
3. Requests for amendment of joint action plans submitted by a Member State, or a group of Member States that have established a macro-regional development fund, shall be duly substantiated. The Commission shall assess whether the request for amendment is justified, taking account of the information provided by the Member State. The Commission may make observations and the Member State, or a group of Member States that have established a macro- regional development fund. The Commission may make observations and the Member State, or a group of Member States that have established a macro- regional development fund, shall provide to the Commission all necessary additional information. The Commission shall adopt a decision on a request for amendment no later than three months after its formal submission by the Member State, or a group of Member States that have established a macro-regional development fund, provided that any observations made by the Commission have been satisfactorily taken into account. The amendment shall enter into force from the date of the decision, unless otherwise set out in the decision.
Amendment 1496 #
Proposal for a regulation
Part 3 – article 99 – paragraph 1
Part 3 – article 99 – paragraph 1
1. Where an urban development strategy or other territorial strategy or pact as defined in Article 12(1) of Regulation…[ESF] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes, or programmes for macro- regional development funds, the action shall be carried out as an integrated territorial investment (an ‘ITI’).
Amendment 1500 #
Proposal for a regulation
Part 3 – article 99 – paragraph 2
Part 3 – article 99 – paragraph 2
2. The relevant operational programmes, or programmes for macro-regional development funds, shall identify the ITIs planned and shall set out the indicative financial allocation from each priority axis to each ITI.
Amendment 1506 #
Proposal for a regulation
Part 3 – article 99 – paragraph 3
Part 3 – article 99 – paragraph 3
3. The Member Staterelevant operational programmes shall identify the ITIs planned and shall set out the indicative allocation from each priority axis to each ITI. The Member State, a group of Member States that has established a macro-regional fund, or the managing authority may designate one or more intermediate bodies, including local authorities, regional development bodies or non-governmental organisations, to carry out the management and implementation of an ITI.
Amendment 1509 #
Proposal for a regulation
Part 3 – article 99 – paragraph 4
Part 3 – article 99 – paragraph 4
4. The Member State, a group of Member States that have established a macro- regional development fund, or the relevant managing authorities shall ensure that the monitoring system for the operational programme, or the programme for a macro-regional development fund, provides for the identification of operations and outputs of a priority axis contributing to an ITI.
Amendment 1512 #
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point a
Part 3 – article 100 – paragraph 1 – point a
(a) any issues that affect the performance of the operational programme, or the programme for a macro-regional development fund;
Amendment 1513 #
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point d
Part 3 – article 100 – paragraph 1 – point d
(d) implementation of major projects and macro-regional projects;
Amendment 1518 #
Proposal for a regulation
Part 3 – article 100 – paragraph 1 – point h
Part 3 – article 100 – paragraph 1 – point h
(h) actions in the operational programme, or the programme for a macro-regional development fund, relating to the fulfilment of ex ante conditionalities;
Amendment 1521 #
Proposal for a regulation
Part 3 – article 100 – paragraph 2 – point c
Part 3 – article 100 – paragraph 2 – point c
(c) the evaluation plan for the operational programme, or the programme for a macro-regional development fund, and any amendment of the plan;
Amendment 1522 #
Proposal for a regulation
Part 3 – article 100 – paragraph 2 – point d
Part 3 – article 100 – paragraph 2 – point d
(d) the communication strategy for the operational programme, or the programme for a macro-regional development fund, and any amendment of the strategy;
Amendment 1523 #
Proposal for a regulation
Part 3 – article 100 – paragraph 2 – point e
Part 3 – article 100 – paragraph 2 – point e
(e) any proposal by the managing authority for any amendment to the operational programme, or programme for a macro- regional development fund.
Amendment 1543 #
Proposal for a regulation
Part 3 – article 101 a (new)
Part 3 – article 101 a (new)
Amendment 1547 #
Proposal for a regulation
Part 3 – article 102 – paragraph 1 – introductory part
Part 3 – article 102 – paragraph 1 – introductory part
1. By 31 January, 30 April, 31 July and 31 October, the managing authority shall transmit electronically to the Commission for monitoring purposes, for each operational programme, or programme for a macro-regional development fund, and by priority axis:
Amendment 1556 #
Proposal for a regulation
Part 3 – article 102 – paragraph 4
Part 3 – article 102 – paragraph 4
4. A forecast of the amount for which Member States, or a group of Member States that have established a macro- regional development fund, expect to submit payment applications for the current financial year and the subsequent financial year shall accompany the transmissions to be made by 31 January and 31 July.
Amendment 1559 #
Proposal for a regulation
Part 3 – article 104 – paragraph 1
Part 3 – article 104 – paragraph 1
1. An evaluation plan shall be drawn up by the managing authority for each operational programme, or programme for a macro-regional development fund. The evaluation plan shall be submitted to the first meeting of the monitoring committee. Where a single monitoring committee covers more than one operational programme, an evaluation plan may cover all the operational programmes concerned.
Amendment 1562 #
Proposal for a regulation
Part 3 – article 104 – paragraph 2
Part 3 – article 104 – paragraph 2
2. By 31 December 2020, managing authorities shall submit to the Commission, for each programme, or programme for a macro-regional development fund, a report summarising the findings of evaluations carried out during the programming period, including an assessment of the main outputs and results of the programme, or programme for a macro-regional development fund.
Amendment 1563 #
Proposal for a regulation
Part 3 – article 104 – paragraph 3
Part 3 – article 104 – paragraph 3
3. The Commission shall carry out ex post evaluations in close cooperation with the Member States, or with a group of Member States that have established a macro-regional development fund, and managing authorities.
Amendment 1564 #
Proposal for a regulation
Part 3 – article 105 – paragraph 1 – introductory part
Part 3 – article 105 – paragraph 1 – introductory part
1. Member States, or a group of Member States that have established a macro- regional development fund, and managing authorities shall be responsible for:
Amendment 1565 #
Proposal for a regulation
Part 3 – article 105 – paragraph 1 – point a
Part 3 – article 105 – paragraph 1 – point a
(a) ensuring the establishment of a single website or a single website portal providing information on, and access to, all operational programmes in that Member State, or programmes for macro-regional development funds in those macro- regions;
Amendment 1567 #
Proposal for a regulation
Part 3 – article 105 – paragraph 1 – point b
Part 3 – article 105 – paragraph 1 – point b
(b) informing potential beneficiaries about funding opportunities under operational programmes, or programmes for macro- regional development funds;
Amendment 1568 #
Proposal for a regulation
Part 3 – article 105 – paragraph 1 – point c
Part 3 – article 105 – paragraph 1 – point c
(c) publicising to Union citizens the role and achievements of cohesion policy and of the Funds through information and communication actions on the results and impact of Partnership Contracts, operational programmes, or programmes for macro-regional development funds, and operations.
Amendment 1574 #
Proposal for a regulation
Part 3 – article 105 – paragraph 2 – subparagraph 1
Part 3 – article 105 – paragraph 2 – subparagraph 1
Member States, or a group of Member States that have established a macro- regional development fund, shall in order to ensure transparency in the support of the Funds maintain a list of operations by operational programme, or programme for a macro-regional development fund, and by Fund in CSV or XML format which shall be accessible through the single website or the single website portal providing a list and summary of all operational programmes in that Member State, or programmes for macro-regional development funds in macro-regions.
Amendment 1577 #
Proposal for a regulation
Part 3 – article 106 – paragraph 1 – subparagraph 1
Part 3 – article 106 – paragraph 1 – subparagraph 1
The managing authority shall draw up a communication strategy for each operational programme, or programme for a macro-regional development fund. A common communication strategy may be drawn up for several operational programmes.
Amendment 1579 #
Proposal for a regulation
Part 3 – article 106 – paragraph 2 – subparagraph 1
Part 3 – article 106 – paragraph 2 – subparagraph 1
The communication strategy shall be discussed and approved by the first monitoring committee following the adoption of the operational programme, or programme for a macro-regional development fund.
Amendment 1581 #
Proposal for a regulation
Part 3 – article 106 – paragraph 3
Part 3 – article 106 – paragraph 3
3. The managing authority shall inform the monitoring committee for each operational programme, or programme for a macro- regional development fund, at least once a year of progress in the implementation of the communication strategy and its assessment of the results.
Amendment 1585 #
Proposal for a regulation
Part 3 – article 107 – paragraph 1
Part 3 – article 107 – paragraph 1
1. Each Member State, or each group of Member States that has established a macro-regional development fund, shall designate an information and communication officer to coordinate information and communication actions in relation to one or several Funds and shall inform the Commission accordingly.
Amendment 1586 #
Proposal for a regulation
Part 3 – article 107 – paragraph 2
Part 3 – article 107 – paragraph 2
2. The information and communication officer shall coordinate and chair meetings of a national network of Funds’ communicators, including relevant European territorial cooperation programmes, the creation and maintenance of the website or website portal referred to in Annex V and the obligation to provide an overview about communication measures undertaken at national level. The information and communication officer shall coordinate and chair meetings of a macro-regional network of Funds’ communicators, the creation and maintenance of the website or website portal referred to in Annex V and the obligation to provide an overview about communication measures undertaken at macro-regional level.
Amendment 1587 #
Proposal for a regulation
Part 3 – article 107 – paragraph 3
Part 3 – article 107 – paragraph 3
3. Each managing authority shall designate one person to be responsible for information and communication at operational programme level, or at the level of the programme for the macro- regional development fund, and shall inform the Commission of those designated.
Amendment 1589 #
Proposal for a regulation
Part 3 – article 107 – paragraph 4
Part 3 – article 107 – paragraph 4
4. Union networks comprising the members designated by the Member States, groups of Member States that have established macro-regional development funds, and the managing authorities shall be set up by the Commission to ensure exchange on the results of the implementation of the communication strategies, the exchange of experience in implementing the information and communication measures, and the exchange of good practices.
Amendment 1591 #
Proposal for a regulation
Part 3 – article 109 a (new)
Part 3 – article 109 a (new)
Article 109a Technical assistance of a group of Member States that have established a macro-regional development fund (1) Each of the Funds may finance technical assistance operations eligible under any of the other Funds. The amount of the Funds allocated to technical assistance shall be limited to 4 % of the total amount of the Funds allocated to programmes for macro- regional development funds under each category of region of the Macro-Regional Cooperation goal. For the purposes of the grant scheme to support competitiveness and employment, the amount of the Funds allocated to technical assistance shall be increased by a further 6 % of the total Funds allocated to programmes for macro-regional development funds falling within each category of region of the Macro-Regional Cooperation goal. (2) Technical assistance shall take the form of a mono-fund priority axis within a programme for a macro-regional development fund.
Amendment 1592 #
Proposal for a regulation
Part 3 – article 110 – paragraph 1
Part 3 – article 110 – paragraph 1
1. The Commission decision adopting an operational programme, or programme for a macro-regional development fund, shall fix the co- financing rate and the maximum amount of support from Funds for each priority axis.
Amendment 1627 #
Proposal for a regulation
Part 3 – article 110 – paragraph 7 a (new)
Part 3 – article 110 – paragraph 7 a (new)
7 a. The co-financing rate at the level of each priority axis of programmes for macro-regional development funds under the Macro-Regional Cooperation goal may be 100 %.
Amendment 1655 #
Proposal for a regulation
Part 3 – article 112 a (new)
Part 3 – article 112 a (new)
Article 112a Responsibilities of a group of Member States that have established a macro- regional development fund (1) The group of Member States that have established a macro-regional development fund shall ensure that management and control systems for operational programmes are set up in accordance with Articles 62 and 63. (2) The group of Member States that have established a macro-regional development fund shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. They shall notify these irregularities to the Commission and shall keep the Commission informed of the progress of related administrative and legal proceedings. When amounts unduly paid to a beneficiary cannot be recovered and this is as a result of fault or negligence on the part of one of a group of Member States that have established a macro-regional development fund, the group of Member States that established the macro-regional development fund shall be responsible for reimbursing the amounts concerned to the general budget of the Union. The Commission shall be empowered to adopt delegated acts in accordance with Article 142 laying down detailed rules concerning the obligations of the group of Member States that have established a macro-regional development fund specified in this paragraph. (3) The group of Member States that have established a macro-regional development fund shall ensure that no later than 31 December 2014, all exchanges of information between beneficiaries and managing authorities, certifying authorities, audit authorities and intermediate bodies can be carried out solely by means of electronic data exchange systems. The systems shall facilitate interoperability with national and Union frameworks and allow for the beneficiaries to submit all information referred to in the first sub-paragraph only once. The Commission shall adopt, by means of implementing acts, detailed rules concerning the exchanges of information under this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 143(3).
Amendment 1666 #
Proposal for a regulation
Part 3 – article 113 a (new)
Part 3 – article 113 a (new)
Amendment 1667 #
Proposal for a regulation
Part 3 – article 114 – paragraph 1
Part 3 – article 114 – paragraph 1
1. The managing authority shall be responsible for managing the operational programme, or the programme for a macro-regional development fund, in accordance with the principle of sound financial management.
Amendment 1668 #
Proposal for a regulation
Part 3 – article 114 – paragraph 2 – introductory part
Part 3 – article 114 – paragraph 2 – introductory part
2. As regards the programme management of the operational programme, or the programme for a macro-regional development fund, the managing authority shall:
Amendment 1669 #
Proposal for a regulation
Part 3 – article 114 – paragraph 2 – point a
Part 3 – article 114 – paragraph 2 – point a
(a) support the work of the monitoring committee and provide it with the information it requires to carry out its tasks, in particular data relating to the progress of the operational programme, or the programme for a macro-regional development fund, in achieving its objectives, financial data and data relating to indicators and milestones;
Amendment 1674 #
Proposal for a regulation
Part 3 – article 114 – paragraph 4 – introductory part
Part 3 – article 114 – paragraph 4 – introductory part
4. As regards the financial management and control of the operational programme, or the programme for a macro-regional development fund, the managing authority shall:
Amendment 1675 #
Proposal for a regulation
Part 3 – article 114 – paragraph 4 – point a
Part 3 – article 114 – paragraph 4 – point a
(a) verify that the co-financed products and services have been delivered and that expenditure declared by the beneficiaries has been paid by them and that it complies with applicable Union and national law, the operational programme, or the programme for a macro-regional development fund, and the conditions for support of the operation;
Amendment 1681 #
Proposal for a regulation
Part 3 – article 115 – paragraph 1 – point c
Part 3 – article 115 – paragraph 1 – point c
(c) certifying the completeness, accuracy and veracity of the annual accounts and that the expenditure entered in the accounts complies with applicable Union and national rules and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme, or the programme for a macro-regional development fund, and complying with Union and national rules;
Amendment 1682 #
Proposal for a regulation
Part 3 – article 115 – paragraph 1 – point d
Part 3 – article 115 – paragraph 1 – point d
(d) ensuring that there is a system which records and stores, in computerised form, accounting records for each operation, and which supports all the data required for drawing up payment applications and annual accounts, including records of amounts recoverable, amounts recovered and amounts withdrawn following cancellation of all or part of the contribution for an operation or operational programme, or the programme for a macro-regional development fund;
Amendment 1683 #
Proposal for a regulation
Part 3 – article 115 – paragraph 1 – point h
Part 3 – article 115 – paragraph 1 – point h
(h) keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation. Amounts recovered shall be repaid to the general budget of the Union prior to the closure of the operational programme, or the programme for a macro-regional development fund, by deducting them from the next statement of expenditure.
Amendment 1684 #
Proposal for a regulation
Part 3 – article 116 – paragraph 4
Part 3 – article 116 – paragraph 4
4. The audit authority shall, within six months of adoption of an operational programme, prepare an audit strategy for performance of audits. The audit strategy shall set out the audit methodology, the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years. The audit strategy shall be updated annually from 2016 until and including 2022. Where a common management and control system applies to more than one operational programme, or programme for a macro- regional development fund, a single audit strategy may be prepared for the operational programmes, or programmes for macro-regional development funds, concerned. The audit authority shall submit the audit strategy to the Commission upon request.
Amendment 1689 #
Proposal for a regulation
Part 3 – article 117 – paragraph 2
Part 3 – article 117 – paragraph 2
2. The formal decision referred to in pParagraph 1 shall be based on a report and an opinion of an independent audit body that assesses the management and control system, including the role of intermediate bodies therein, and its compliance with Articles 62, 63, 114 and 115. The accrediting body shall take into account whether the management and control systems for the operational programme, or the programme for a macro-regional development fund, are similar to those in place for the previous programming period, as well as any evidence of their effective functioning.
Amendment 1690 #
Proposal for a regulation
Part 3 – article 117 – paragraph 3
Part 3 – article 117 – paragraph 3
3. The Member State, or the group of Member States that have established a macro-regional development fund, shall submit the formal decision referred to in pParagraph 1 to the Commission within six months of the adoption of the decision adopting the operational programme, or the programme for a macro-regional development fund.
Amendment 1691 #
Proposal for a regulation
Part 3 – article 117 – paragraph 4 – subparagraph 3
Part 3 – article 117 – paragraph 4 – subparagraph 3
Where the total amount of support from the Funds to an operational programme, or programme for a macro-regional development fund, exceeds EUR 250 000 000 the Commission may request, within two months of receipt of the formal decision referred to in pParagraph 1, the report and the opinion of the independent audit body and the description of the management and control system.
Amendment 1692 #
Proposal for a regulation
Part 3 – article 119 – paragraph 1
Part 3 – article 119 – paragraph 1
The Member State, or the group of Member States that have established a macro-regional development fund, shall ensure that at the latest by the closure of the operational programme, or the programme for a macro-regional development fund, the amount of public support paid to beneficiaries is at least equal to the contribution from the Funds paid by the Commission to the Member State, or the group of Member States that have established a macro-regional development fund.
Amendment 1694 #
Proposal for a regulation
Part 3 – article 120 – paragraph 1
Part 3 – article 120 – paragraph 1
1. The Commission shall reimburse as interim payments 90 % of the amount resulting from applying the co-financing rate for each priority axis laid down in the decision adopting the operational programme, or the programme for a macro-regional development fund, to the eligible expenditure for the priority axis included in the payment application. It shall determine the annual balance in accordance with Article 130(1). The Member State, or the group of Member States that has established a macro- regional development fund, shall ensure that at the latest by the closure of the operational programme, the amount of public support paid to beneficiaries is at least equal to the contribution from the Funds paid by the Commission to the Member State, or the group of Member States that has established a macro- regional development fund.
Amendment 1696 #
Proposal for a regulation
Part 3 – article 120 – paragraph 2 – point b
Part 3 – article 120 – paragraph 2 – point b
(b) the contribution from the Funds for the priority axis laid down in the decision of the Commission approving the operational programme, or the programme for a macro-regional development fund.
Amendment 1697 #
Proposal for a regulation
Part 3 – article 120 – paragraph 3
Part 3 – article 120 – paragraph 3
3. Notwithstanding Article 22, the Union support through the interim payments and payments of the final balance shall not be higher than the public support and the maximum amount of support from the Funds for each priority axis as laid down in the decision of the Commission approving the operational programme, or the programme for a macro-regional development fund.
Amendment 1699 #
Proposal for a regulation
Part 3 – article 123 – paragraph 1
Part 3 – article 123 – paragraph 1
1. Member States which have not adopted the euro as their currency on the date of an application for payment shall convert the amounts of expenditure incurred in national currency into euro. This amount shall be converted into euro using the monthly accounting exchange rate of the Commission in the month during which the expenditure was registered in the accounts of the managing authority of the operational programme, or programme for a macro-regional development fund, concerned. This rate shall be published electronically by the Commission each month.
Amendment 1701 #
Proposal for a regulation
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point a
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point a
(a) in 2014: 2 % of the amount of support from the Funds for the entire programming period to the operational programme, or the programme for a macro-regional development fund;
Amendment 1703 #
Proposal for a regulation
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point b
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point b
(b) in 2015: 1 % of the amount of support from the Funds for the entire programming period to the operational programme, or the programme for a macro-regional development fund.
Amendment 1712 #
Proposal for a regulation
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point c
Part 3 – article 124 – paragraph 1 – subparagraph 1 – point c
(c) in 2016: 1 % of the amount of support from the Funds for the entire programming period to the operational programme, or the programme for a macro-regional development fund.
Amendment 1717 #
Proposal for a regulation
Part 3 – article 124 – paragraph 2
Part 3 – article 124 – paragraph 2
2. An annual pre-financing amount shall be paid before 1 July in the years 2016 to 2022. In 2016, it shall be 2 % of the amount of the support from the Funds for the whole programming period to the operational programme, or the programme for a macro-regional development fund. In the years 2017 to 2022, it shall be 2.5% of the amount of the support from the Funds for the whole programming period to the operational programme, or the programme for a macro-regional development fund.
Amendment 1720 #
Proposal for a regulation
Part 3 – article 126 – paragraph 4
Part 3 – article 126 – paragraph 4
4. Interim payments shall not be made for an operational programme, or a programme for a macro-regional development fund, where the annual implementation report has not been sent to the Commission in accordance with Article 101.
Amendment 1724 #
Proposal for a regulation
Part 3 – article 127 – paragraph 1 – subparagraph 1
Part 3 – article 127 – paragraph 1 – subparagraph 1
The Commission shall decommit any part of the amount calculated in accordance with the second subparagraph in an operational programme that has not been used for payment of the initial and annual pre-financing, interim payments and annual balance by 31 December of the second financial year following the year of budget commitment under the operational programme or for which a payment application submitted in accordance with Article 126, or the programme for a macro-regional development fund, or for which a payment application has not been preparedsent in accordance with Article 1216(1).
Amendment 1730 #
Proposal for a regulation
Part 3 – chapter 2 – title
Part 3 – chapter 2 – title
Clearance of accounts and closure of operational programmes and macro- regional programmes
Amendment 1733 #
Proposal for a regulation
Part 3 – article 128 – paragraph 1 – introductory part
Part 3 – article 128 – paragraph 1 – introductory part
1. The certified annual accounts for each operational programme, or programme for a macro-regional development fund, shall cover the accounting year and shall include at the level of each priority axis:
Amendment 1736 #
Proposal for a regulation
Part 3 – article 129 – paragraph 1
Part 3 – article 129 – paragraph 1
For each year from 2016 until and including 2022, the Member State, or the group of Member States that have established macro-regional development funds, shall submit the documents referred to in Article 75(1).
Amendment 1739 #
Proposal for a regulation
Part 3 – article 130 – paragraph 2
Part 3 – article 130 – paragraph 2
2. The annual balance which, as a result of the clearance of accounts, is recoverable from the Member State, or the group of Member States that have established a macro-regional development fund, shall be subject to a recovery order of the Commission. The annual balance payable to the Member State, or the group of Member States that have established a macro-regional development fund, shall be added to the next interim payment made by the Commission following the clearance of accounts.
Amendment 1740 #
Proposal for a regulation
Part 3 – article 130 – paragraph 3
Part 3 – article 130 – paragraph 3
3. If, for reasons attributable to a Member State, or a group of Member States that have established a macro-regional development fund, the Commission is not in a position to clear the accounts by 30 April of the year following the end of an accounting year, the Commission shall notify the Member State, or the group of Member States that have established a macro-regional development fund, of the actions that must be undertaken by the managing authority or audit authority, or of the additional enquiries the Commission proposes to undertake pursuant to Article 65(2) and (3).
Amendment 1742 #
Proposal for a regulation
Part 3 – article 131 – paragraph 1
Part 3 – article 131 – paragraph 1
1. For the ERDF and the Cohesion Fund, the annual accounts for each operational programme, or macro-regional development fund programme, shall include at the level of each priority axis the list of operations completed during the accounting year. The expenditure relating to these operations included in the accounts subject to the clearance decision shall be considered as closed.
Amendment 1744 #
Proposal for a regulation
Part 3 – section 2 – title
Part 3 – section 2 – title
Closure of operational programmes and macro-regional development fund programmes
Amendment 1745 #
Proposal for a regulation
Part 3 – article 133 – title
Part 3 – article 133 – title
Submission of closure documents for operational programmes and macro- regional development fund programmes and payment of the final balance
Amendment 1746 #
Proposal for a regulation
Part 3 – article 133 – paragraph 1 – point b
Part 3 – article 133 – paragraph 1 – point b
(b) a final implementation report for the operational programme; and, or macro-regional development fund programme;
Amendment 1748 #
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – introductory part
Part 3 – article 134 – paragraph 1 – introductory part
1. All or part of the interim payments at the level of priority axes or operational programmes, or of macro-regional development fund programmes, may be suspended by the Commission where:
Amendment 1749 #
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point a
Part 3 – article 134 – paragraph 1 – point a
(a) there is a serious deficiency in the management and control system of the operational programme, or macro-regional development fund programme, for which corrective measures have not been taken;
Amendment 1750 #
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point c
Part 3 – article 134 – paragraph 1 – point c
(c) the Member State, or the group of Member States that have set up a macro- regional development fund, has failed to take the necessary action to remedy the situation giving rise to an interruption under Article 74;
Amendment 1754 #
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point e
Part 3 – article 134 – paragraph 1 – point e
(e) the Member State, or the group of Member States that have set up a macro- regional development fund, has failed to undertake actions set out in the operational programme, or macro-regional development fund programme, relating to fulfilment of an ex ante conditionalities;
Amendment 1765 #
Proposal for a regulation
Part 3 – article 134 – paragraph 1 – point g
Part 3 – article 134 – paragraph 1 – point g
(g) the Member State, or the group of Member States that have set up a macro- regional development fund, fails to respond or does not reply satisfactorily under Article 20(3).5)
Amendment 1767 #
Proposal for a regulation
Part 3 – article 134 – paragraph 2
Part 3 – article 134 – paragraph 2
2. The Commission may decide, by means of implementing acts, to suspend all or part of interim payments, after having given the Member State, or the group of Member States that have set up a macro-regional development fund, the opportunity to present its observations.
Amendment 1769 #
Proposal for a regulation
Part 3 – article 134 – paragraph 3
Part 3 – article 134 – paragraph 3
3. The Commission shall end suspension of all or part of interim payments where the Member State, or the group of Member States that have set up a macro-regional development fund, has taken the necessary measures to enable the suspension to be lifted.
Amendment 1770 #
Proposal for a regulation
Part 3 – article 135 – paragraph 1
Part 3 – article 135 – paragraph 1
1. The Member States, or groups of Member States that have set up macro- regional development funds, shall in the first instance be responsible for investigating irregularities and for making the financial corrections required and pursuing recoveries. In the case of a systemic irregularity, the Member State, or the group of Member States that have set up a macro-regional development fund, shall extend its investigation to cover all operations potentially affected.
Amendment 1771 #
Proposal for a regulation
Part 3 – article 135 – paragraph 2
Part 3 – article 135 – paragraph 2
2. The Member State, or the group of Member States that have set up a macro- regional development fund, shall make the financial corrections required in connection with individual or systemic irregularities detected in operations or operational programmes and macro-regional development fund programmes. Financial corrections shall consist of cancelling all or part of the public contribution to an operation or operational programme or macro-regional development fund programme. The Member State shall take into account the nature and gravity of the irregularities and the financial loss to the Funds and shall apply a proportionate correction. Financial corrections shall be recorded in the annual accounts by the managing authority for the accounting year in which the cancellation is decided.
Amendment 1772 #
Proposal for a regulation
Part 3 – article 135 – paragraph 3
Part 3 – article 135 – paragraph 3
3. The contribution from the Funds cancelled in accordance with paragraph 2 may be reused by the Member State within the operational programme or macro- regional development fund programme concerned, subject to paragraph 4.
Amendment 1773 #
Proposal for a regulation
Part 3 – article 136 – paragraph 1 – subparagraph 1 – introductory part
Part 3 – article 136 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall make financial corrections by means of implementing acts by cancelling all or part of the Union contribution to an operational programme in accordance with Article 77 where, after carrying out the necessary examination, it concludes that:contribution from the Funds cancelled in accordance with paragraph 2 may be reused by the Member State within the operational programme or macro- regional development fund programme concerned, subject to paragraph 4.
Amendment 1774 #
Proposal for a regulation
Part 3 – article 136 – paragraph 1 – subparagraph 1 – point a
Part 3 – article 136 – paragraph 1 – subparagraph 1 – point a
(a) there is a serious deficiency in the management and control system of the operational programme or macro-regional development fund programme which has put at risk the Union contribution already paid to the operational programme or macro-regional development fund programme;
Amendment 1775 #
Proposal for a regulation
Part 3 – article 136 – paragraph 1 – subparagraph 1 – point b
Part 3 – article 136 – paragraph 1 – subparagraph 1 – point b
(b) the Member State, or the group of Member States that have set up a macro- regional development fund programme, has not complied with its obligations under Article 135 prior to the opening of the correction procedure under this paragraph;
Amendment 1776 #
Proposal for a regulation
Part 3 – article 136 – paragraph 1 – subparagraph 1 – point c
Part 3 – article 136 – paragraph 1 – subparagraph 1 – point c
(c) expenditure contained in a payment application is irregular and has not been corrected by the Member State, or the group of Member States that have set up a macro-regional development fund, prior to the opening of the correction procedure under this paragraph.
Amendment 1777 #
Proposal for a regulation
Part 3 – article 136 – paragraph 2
Part 3 – article 136 – paragraph 2
2. The Commission shall, when deciding the amount of a correction under paragraph 1, take account of the nature and gravity of the irregularity and the extent and financial implications of the deficiencies in management and control systems found in the operational programme or macro- regional development fund programme.
Amendment 1778 #
Proposal for a regulation
Part 3 – article 136 – paragraph 3
Part 3 – article 136 – paragraph 3
3. Where the Commission bases its position on reports of auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences after examining the measures taken by the Member State concerned, or the group of Member States that have set up a macro-regional development fund, under Article 135(2), the notifications sent under Article 112(3), and any replies from the Member State or the group of Member States that have set up a macro-regional development fund..
Amendment 1779 #
Proposal for a regulation
Part 3 – article 136 – paragraph 4
Part 3 – article 136 – paragraph 4
4. Where the Commission, based on the examination of the final implementation report of the operational programme or macro-regional development fund programme, establishes a serious failure to achieve the targets set out in the performance framework, it may apply financial corrections in respect of the priority axes concerned by means of implementing acts.
Amendment 1780 #
Proposal for a regulation
Part 3 – article 136 – paragraph 5
Part 3 – article 136 – paragraph 5
5. When a Member State, or a group of Member States that have set up a macro- regional development fund, does not comply with its obligations as referred to in Article 86, the Commission may, in relation to the degree of non-compliance with these obligations, make a financial correction by cancelling all or part of the Structural Funds contribution to the Member State concerned or the group of Member States that have set up a macro- regional development fund.
Amendment 1781 #
Proposal for a regulation
Part 3 – article 137 – paragraph 1
Part 3 – article 137 – paragraph 1
1. Before taking a decision on a financial correction, the Commission shall launch the procedure by informing the Member State of the provisional conclusions of its examination and requesting the Member State, or the group of Member States that have set up a macro-regional development fund, of the provisional conclusions of its examination and requesting the Member State, or the group of Member States that have set up a macro-regional development fund, to submit its comments within two months.
Amendment 1783 #
Proposal for a regulation
Part 3 – article 137 – paragraph 2
Part 3 – article 137 – paragraph 2
2. Where the Commission proposes a financial correction on the basis of extrapolation or a flat rate, the Member State, or the group of Member States that have set up a macro-regional development fund, shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment. In agreement with the Commission, the Member State, or the group of Member States that have set up a macro-regional development fund, 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.
Amendment 1784 #
Proposal for a regulation
Part 3 – article 137 – paragraph 3
Part 3 – article 137 – paragraph 3
3. The Commission shall take account of any evidence supplied by the Member State, or the group of Member States that have set up a macro-regional development fund, within the time limits set out in paragraphs 1 and 2.
Amendment 1785 #
Proposal for a regulation
Part 3 – article 137 – paragraph 4
Part 3 – article 137 – paragraph 4
4. Where the Member State, or the group of Member States that have set up a macro-regional development fund, 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.
Amendment 1786 #
Proposal for a regulation
Part 3 – article 137 – paragraph 5
Part 3 – article 137 – paragraph 5
5. In order to apply financial corrections the Commission shall take a decision, by means of implementing acts, within six months of the date of the hearing, or of the date of receipt of additional information where the Member State, or the group of Member States that have set up a macro- regional development fund, agrees to submit such additional information following the hearing. The Commission shall take account of all information and observations submitted during the course of the procedure. If no hearing takes place, the six month period shall begin to run two months after the date of the letter of invitation to the hearing sent by the Commission.
Amendment 1789 #
Proposal for a regulation
Part 3 – article 137 – paragraph 6
Part 3 – article 137 – paragraph 6
6. Where irregularities affecting annual accounts sent to the Commission are detected by the Commission or by the European Court of Auditors, the resulting financial correction shall reduce support from the Funds to the operational programme or macro-regional development fund programme.
Amendment 1791 #
Proposal for a regulation
Part 3 – article 138 – title
Part 3 – article 138 – title
Obligations of Member States and of groups of Member States that have set up a macro-regional development fund
Amendment 1792 #
Proposal for a regulation
Part 3 – article 138 – paragraph 1
Part 3 – article 138 – paragraph 1
A financial correction by the Commission shall not prejudice the Member State's obligation, or the obligation of the group of Member States that have set up a macro-regional development fund, to pursue recoveries under Article 135(2) of this Regulation and to recover State aid in the meaning of Article 107(1) of the Treaty and under Article 14 of Council Regulation (EC) No 659/199939.
Amendment 1793 #
Proposal for a regulation
Part 3 – title 8
Part 3 – title 8
Proportional control of operational programmes and macro-regional development fund programmes
Amendment 1794 #
Proposal for a regulation
Part 3 – article 140 – title
Part 3 – article 140 – title
Proportional control of operational programmes and macro-regional development fund programmes
Amendment 1799 #
Proposal for a regulation
Part 3 – article 140 – paragraph 2
Part 3 – article 140 – paragraph 2
2. For operational programmes, or macro- regional development fund programmes, for which the most recent audit opinion indicates that there are no significant deficiencies, the Commission may agree with the audit authority in the subsequent meeting referred to in Article 118(3) that the level of audit work required may be reduced so that it is proportionate to the risk established. In such cases, the Commission will not carry out its own on- the-spot audits unless there is evidence suggesting deficiencies in the management and control system affecting expenditure declared to the Commission in an accounting year for which the accounts have been the subject of a clearance decision.
Amendment 1800 #
Proposal for a regulation
Part 3 – article 140 – paragraph 3
Part 3 – article 140 – paragraph 3
3. For operational programmes, or macro- regional development fund programmes, for which the Commission concludes that it can rely on the opinion of the audit authority, it may agree with the audit authority to limit its own on the spot audits to audit the work of the audit authority unless there is evidence of deficiencies in the work of the audit authority work for an accounting year for which the accounts have been subject to a clearance decision.
Amendment 1801 #
Proposal for a regulation
Part 3 – article 140 – paragraph 4
Part 3 – article 140 – paragraph 4
4. Without prejudice to paragraph 1, the audit authority and the Commission may carry out audits of operations in case a risk assessment establishes a specific risk of irregularity or fraud, in case of evidence of serious deficiencies in the management and control system of the operational programme or the macro-regional development fund programme concerned, and, during the 3 years following closure of all the expenditure of an operation under Article 131, as part of an audit sample. The Commission may at any time carry out audits of operations for the purpose of assessing the work of an audit authority by re-performance of its audit activity.