Activities of Louis MICHEL related to 2018/0196(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendments (27)
Amendment 40 #
Proposal for a regulation
Title 0
Title 0
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum, Migration and MiIntegration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendment 46 #
Proposal for a regulation
Recital 2
Recital 2
(2) In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum, Migration and MiIntegration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF.
Amendment 51 #
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into accountrespecting the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 54 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In accordance with Regulation xxx/xxx, the Union should take measures for the protection of its budget in case of generalised deficiencies as regards the rule of law in a Member State.
Amendment 66 #
Proposal for a regulation
Recital 32
Recital 32
(32) Managing authorities should publish structured information on selected operations and beneficiaries on the website of the programme providing support to the operation, while taking account ofrespecting the requirements for data protection of personal data in accordance with Regulation (EU) 2016/67917 of the European Parliament and of the Council. _________________ 17 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119, 4.5.2016, p. 1.
Amendment 78 #
Proposal for a regulation
Recital 58
Recital 58
(58) Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report in a detailed manner to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations and, if applicable, the reasons why no follow up was made on OLAF investigations. Member States that do not participate in the enhanced cooperation on the EPPO should report in a detailed manner to the Commission on the prosecution of detected cases of fraud and, if applicable, on the cooperation with Eurojust for the matters that are in the scope of competence of the EPPO. _________________ 18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 97 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) international organisations or relevant bodies representing civil society, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non- discrimination.
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34.
Amendment 112 #
Proposal for a regulation
Title 2 – chapter 3 – title
Title 2 – chapter 3 – title
Measures linked to sound economic governance and respect of the rule of law
Amendment 114 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Measures linking effectiveness of Funds to respect of the rule of law 1. In case of generalised deficiencies as regards the rule of law in a Member State, measures shall be taken by the Union in order to protect its budget. 2. Such measures are adopted in accordance with Regulation xxx/xxx on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States.
Amendment 147 #
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the annual performance reports for programmes supported by the EMFF, the AMIF, the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;
Amendment 151 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.
Amendment 160 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall carry out a mid-term evaluation to examine the effectiveness, efficiency, relevance, coherence, compliance with EU acquis and EU added value of each Fund by the end of 2024. The Commission may make use of all relevant information already available in accordance with Article [128] of the Financial Regulation.
Amendment 162 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) communication to Union citizens of the role and achievements of the Funds notably through a single website portal providing access to all programmes involving that Member State.
Amendment 170 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Beneficiaries and bodies implementing financial instruments shall acknowledge, in the official language(s) of the Member State, support from the Funds, including resources reused in accordance with Article 56, to the operation by:
Amendment 171 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) providing on the beneficiary's professional website orand social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlightingstating explicitly the financial support from the Union;
Amendment 172 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) providing a statement highlighting in the official language(s) of the Member State, the support from the Funds in a visible manner on documents and communication material relating to the implementation of the operation, used for the public or for participants;
Amendment 173 #
Proposal for a regulation
Article 45 – paragraph 1 – point c – introductory part
Article 45 – paragraph 1 – point c – introductory part
(c) publicly and in a visible manner displaying plaques or billboards as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:
Amendment 174 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) for operations not falling under point (c), publicly and in a visible manner displaying at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;
Amendment 175 #
Proposal for a regulation
Article 45 – paragraph 1 – point e – paragraph 1
Article 45 – paragraph 1 – point e – paragraph 1
for operations of strategic importance and operations whose total cost exceed EUR 10 000 000 organising a communication event aimed at a large audience and involving the Commission and the responsible managing authority in a timely manner.
Amendment 176 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Where the beneficiary does notBeneficiaries and bodies implementing financial instruments shall provide evidence to the Commission that they comply with itstheir obligations under Article 42 or paragraphs 1 and 2 of this Article, the Member State. When the beneficiaries and bodies implementing financial instruments do not comply with their obligations, the Member State on its own initiative or upon request of the Commission, shall apply a financial correction by cancelling up to 5 % of the support from the Funds to the operation concerned.
Amendment 179 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud. Member States shall fully cooperate with OLAF and, if applicable, with Eurojust and EPPO in accordance with Regulation xxx/xxx (new Eurojust regulation) and Regulation 2017/1939.
Amendment 186 #
Proposal for a regulation
Article 67 – paragraph 1 – subparagraph 1
Article 67 – paragraph 1 – subparagraph 1
For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure gender equality and take account ofrespect the Union acquis and the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.
Amendment 192 #
Proposal for a regulation
Article 90 – paragraph 1 – point b
Article 90 – paragraph 1 – point b
(b) the Commission has to carry out additional verifications following receipt of information that expenditure in a payment application may be linked to an irregularity or fraud.
Amendment 194 #
Proposal for a regulation
Article 91 – paragraph 1 – point c
Article 91 – paragraph 1 – point c
(c) the expenditure in payment applications is linked to an irregularity or fraud that has not been corrected ;
Amendment 195 #
Proposal for a regulation
Article 91 – paragraph 1 – point e a (new)
Article 91 – paragraph 1 – point e a (new)
(e a) In case of generalised deficiencies of the rule of law in accordance with Regulation xxx/xxx on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States
Amendment 205 #
Proposal for a regulation
Annex X – point 1 – point 1.2
Annex X – point 1 – point 1.2
1.2. The statement "Funded by the EUROPEAN UNION" or "Co-funded by the EUROPEAN UNION" shall always be spelled out in full and in the official language(s) of the Member State and placed next to the emblem.