119 Amendments of Rosa ESTARÀS FERRAGUT related to 2011/0276(COD)
Amendment 176 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Whereas the reference data that are used in the categorisation and distribution of cohesion funds among the regions and Member States may, in a situation of exceptional crisis like the one that has shaken the Union since 2008, fail to reflect accurately the economic and social effects experienced by them, it considers it necessary to either revise or change them, in order to adapt them to the level of real convergence in which they currently find themselves, at the latest within two years since the period began.
Amendment 184 #
Proposal for a regulation
Recital 9
Recital 9
(9) For the Partnership Contract and each programme respectively, a Member State should organise a partnership with the representatives of competent regional, local, urban and other public authorities, economic and social partners, and bodies representing civil society, including environmental partners, non-governmental organisations, and bodies responsible for promoting equality and non-discrimination. The purpose of such a partnership is to respect the principle of multi-level governance, ensure the ownership of planned interventions by stakeholders and build on the experience and know-how of relevant actors. The Commission should be empowered to adopt delegated acts providing for a code of conduct in order to ensure that partners are involved in the preparation, implementation, monitoring and evaluation of Partnership Contracts and programmes in a consistent manner.
Amendment 210 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission should adopt by delegated act a Common Strategic Framework which translates the objectives of the Union into key actions for the CSF Funds, in order to provide clearer strategic direction to the programming process at the level of Member States and regions. The Common Strategic Framework should facilitate sectoral and territorial coordination of Union intervention under the CSF Funds and with other relevant Union policies and instruments.
Amendment 214 #
Proposal for a regulation
Recital 16
Recital 16
(16) On the basis of the Common Strategic Framework adopted by the Commission, each Member State should prepare, in cooperation with its partners and in dialogue with the Commission, a Partnership Contract. The Partnership Contract should translate the elements set out in the Common Strategic Framework into the national context and set out firm commitments to the achievement of Union objectives through the programming of the CSF Funds.
Amendment 224 #
Proposal for a regulation
Recital 17
Recital 17
(17) Member States should concentrate support to ensure a significant contribution to the achievement of Union objectives in line with their specific national and regional development needs. Ex ante conditionalities should be defined to ensure that the necessary framework conditions for the effectiveprior requirements that bear relation and have a direct effect on the effective and efficient use of Union support are in place. The fulfilment of those ex ante conditionalities should be assessed by the Commission in the framework of its assessment of the Partnership Contract and programmes. In cases where there is a failure to fulfil an ex ante conditionality, the Commission should have the power to suspend payments to the programmeBreach of a relevant ex ante conditionality may constitute grounds for the suspension of payments by the Commission. In the event that payments are suspended, the Commission should respect the principles of subsidiarity and proportionality as well as the powers at each administrative level involved.
Amendment 232 #
Proposal for a regulation
Recital 18
Recital 18
(18) A performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period. The Commission should undertake a performance review in cooperation with the Member States in 2017 and 2019. A performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained. Due to their diversity and multi-country character, there should be no performance reserve for 'European Territorial Cooperation' programmes. In cases where the shortfall in the achievement of milestones or targets is significant, the Commission should be able to suspend payments to the programme or, at the end of the programming period, apply financial corrections, in order to ensure that the Union budget is not used in a wasteful or inefficient way.
Amendment 242 #
Proposal for a regulation
Recital 19
Recital 19
(19) Establishing a closer link between cohesion policy and the economic governance of the Union will ensure that the effectiveness of expenditure under the CSF Funds is underpinned by sound economic policies and that the CSF Funds can, if necessary, be redirected to addressing the economic problems a country is facing. This process has to be gradual, starting withmay involve amendments to the Partnership Contract and to the programmes in support of Council recommendations to address macroeconomic imbalances and social and economic difficulties. Where, despite the enhanced use of CSF Funds, a Member State fails to take effective action in the context of the economic governance process, the Commission should have the right to suspend all or part of the payments and commitments. Decisions on suspensions should be proportionate and effective, taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant Member State and previous amendments to the Partnership Contract. When deciding on suspensions, the Commission should also respect equality of treatment between Member States, taking into account in particular the impact of the suspension on the economy of the Member State concerned. The suspensions should be lifted and funds be made available again to the Member State concerned as soon as the Member State takes the necessary action.
Amendment 255 #
Proposal for a regulation
Recital 23
Recital 23
(23) Financial instruments supported by the CSF Funds should be used to address specific market needrespond to market needs and shortcomings in a cost effective way, in accordance with the objectives of the programmes, and should not crowd out private financing. The decision to finance support measures through financial instruments should be determined therefore on the basis of an ex ante analysis.
Amendment 261 #
Proposal for a regulation
Recital 29
Recital 29
(29) Alignment of the monitoring and reporting arrangements of the CSF Funds is necessary to simplify management arrangements at all levels. It is important to ensure proportionate reporting requirements but also the availability of comprehensive information on progress made at key review points. Therefore it is necessary that reporting requirements reflect information needs in given years and are aligned with the timing of the performance reviews.
Amendment 268 #
Proposal for a regulation
Recital 38
Recital 38
(38) The starting and closing dates for the eligibility of expenditure should be defined so as to provide for a uniform and equitable rule applying to the implementation of the CSF Funds across the Union. In order to facilitate the execution of programmes, it is appropriate to establish that the starting date for the eligibility of expenditure may be prior to 1 January 2014 if the Member State concerned submits a programme before that date. With a view to ensuring an effective use of EU Funds and reducing the risk to the EU budget, it is necessary to put in place restrictions on support for completed operations.
Amendment 278 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 281 #
Proposal for a regulation
Recital 49
Recital 49
Amendment 307 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to strengthen the focus on results and achievement of the Europe 2020 objectives and targets, five per cent of the resources assigned to a Member State, for the 'Investment for growth and jobs' goal shouldmay be set aside as a performance reserve for each Fund, and category of region in eachthat Member State.
Amendment 332 #
Proposal for a regulation
Recital 78
Recital 78
(78) In order to take account of the specific organisation of the management and control systems for the ERDF, ESF and CF and the need to ensure a proportionate approach, specific provisions are required for the accreditation and withdrawal of accreditprocedures and operations of the managing authority and the certifying authority.
Amendment 333 #
Proposal for a regulation
Recital 80
Recital 80
(80) In addition to common rules on financial management, additional provisions are necessary for the ERDF, ESF and CF. In particular, with a view to ensuring reasonable assurance for the Commission prior to the annual clearance of accounts, applications for interim payments should be reimbursed at a rate of 90 % of the amount resulting from applying the co-financing rate for each priority axis as laid down in the decision adopting the operational programme to the eligible expenditure for the priority axis. The outstanding amounts due should be paid to the Member States upon annual clearance of accountsat the end of year, provided that reasonable assurance has been attained in regard to the eligibility of expenditure for the year covered by the clearance procedure.
Amendment 334 #
Proposal for a regulation
Recital 81
Recital 81
(81) To ensure that beneficiaries receive the support as soon as possible and to reinforce the assurance for the Commission it is appropriate to require that payment applications include only expenditure for which the support has been paid to beneficiaries. Pre-financing each year should be foreseen to ensure that Member State have sufficient means to operate under such arrangements. Such pre- financing should be cleared each year with the clearance of accountsin accordance with the procedures established.
Amendment 335 #
Proposal for a regulation
Recital 83
Recital 83
Amendment 336 #
Proposal for a regulation
Recital 84
Recital 84
Amendment 347 #
Proposal for a regulation
Recital 88
Recital 88
(88) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of a code of conduct on the objectives and criteria to support the implementation of partnership, the adoption of a Common Strategic Framework, additional rules on the allocation of the performance reserve, the definition of the area and population covered by the local development strategies, detailed rules on financial instruments (ex ante assessment, combination of support, eligibility, types of activities not supported), the rules on certain types of financial instruments set up at national, regional, transnational or cross- border level, rules concerning funding agreements, transfer and management of assets, the arrangements for management and control, the rules on payment requests, and establishment of a system of capitalisation of annual instalments, the definition of the flat rate for revenue generating operations, the definition of the flat rate applied to indirect costs for grants based on existing methods and corresponding rates applicable in Union policies, the responsibilities of Member States concerning the procedure for reporting irregularities and recovery of sums unduly paid, the modalities of exchange of information of operations, the arrangements for the adequate audit trail, the conditions of national audits, the accreditation criteria for managing authorities and certifying authorities, the identification of commonly accepted data carriers, and the criteria for establishing the level of financial correction to be applied. The Commission should also be empowered to amend Annex V in order to address future adaptation needs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment 353 #
Proposal for a regulation
Recital 90
Recital 90
(90) The Commission should be empowered to adopt, by means of implementing acts, as regards all CSF Funds, decisions approving the Partnership Contracts, decisions on the allocation of the performance reserve, decisions suspending payments linked to Member States' economic policies, and, in the case of decommitment, decisions to amend decisions adopting programmes; and as regards the Funds, decisions identifying the regions and Member States fulfilling the Investment for growth and jobs criteria, decisions setting out the annual breakdown of commitment appropriations to the Member States, decisions setting out the amount to be transferred from each Member State's CF allocation to the Connecting Europe Facility, decisions setting out the amount to be transferred from each Member State's Structural Funds allocation for food for deprived people, decisions adopting and amending operational programmes, decisions on major projects, decisions on joint action plans, decisions suspending payments and decisions on financial corrections.
Amendment 363 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 4
Part 1 – article 2 – paragraph 2 – point 4
(4) ‘programming’ means the process of organisation, decision-making and allocation of financial resources in several stages intended to implement, on a multi- annual basis, the joint action by the Union and the Member States to achieve Unionthe main objectives Union through a strategy for smart, sustainable and inclusive growth;
Amendment 371 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 16
Part 1 – article 2 – paragraph 2 – point 16
(16) ‘local development strategy’ means a coherent set of operations to meet local objectives and needs, which contributes to meeting the Union strategy for smart, sustainable and inclusive growth and, where applicable, which is implemented in partnership at the appropriate level;
Amendment 372 #
Proposal for a regulation
Part 1 – article 2 – paragraph 2 – point 17
Part 1 – article 2 – paragraph 2 – point 17
(17) ‘rolling closure’ means closure of operations as a result of the annual clearance of account exercise and before the general closure of the programme;
Amendment 380 #
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, which complements national, regional and local intervention, to deliveradvance the objectives defined in 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 429 #
Proposal for a regulation
Part 2 – article 5 – paragraph 2
Part 2 – article 5 – paragraph 2
2. In accordance with the multi-level governance approach, the partners shall be involved byin collaboration with the Member States in the preparation of Partnership Contracts and progress reports and in the preparation, implementation, monitoring and evaluation of programmes. The partners shall participate in the monitoring committees for programmes.
Amendment 430 #
Proposal for a regulation
Part 2 – article 5 – paragraph 3
Part 2 – article 5 – paragraph 3
Amendment 452 #
Proposal for a regulation
Part 2 – article 7 – paragraph 2
Part 2 – article 7 – paragraph 2
The Member States and the Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation and implementationlife cycle of programmes.
Amendment 457 #
Proposal for a regulation
Part 2 – article 7 – paragraph 2 a (new)
Part 2 – article 7 – paragraph 2 a (new)
In particular, accessibility for disabled persons should be taken into consideration when defining operations co-financed by the Funds, as well as during the programming, implementation, monitoring and evaluation of the Funds.
Amendment 477 #
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 3
Part 2 – article 9 – paragraph 1 – point 3
(3) enhancing the competitiveness of enterprises, particularly small and medium-sized enterprises, the agricultural sector (for the EAFRD) and the fisheries and aquaculture sector (for the EMFF);
Amendment 488 #
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 6
Part 2 – article 9 – paragraph 1 – point 6
6) protecting the environment and cultural heritage, and promoting resource efficiency;
Amendment 492 #
Proposal for a regulation
Article 84 – paragraph 2 – point b
Article 84 – paragraph 2 – point b
b) eligible population, regional prosperity, unemployment rate, employment rate, educational level and population densitytaking into account where appropriate the specific situation of regions with severe and permanent natural or demographic handicaps, unemployment rate, employment rate, educational level and population density, net adjusted income per inhabitant, intraregional disparities (NUTS 3) and the demographic vulnerability index for more developed regions;
Amendment 510 #
Proposal for a regulation
Part 2 – article 9 – paragraph 1 – point 11
Part 2 – article 9 – paragraph 1 – point 11
11) enhancing institutional capacity and anthe efficientcy of the public administration and the other actors involved in the processes. .
Amendment 523 #
Proposal for a regulation
Part 2 – article 11 – paragraph 1 – point b
Part 2 – article 11 – paragraph 1 – point b
Amendment 528 #
Proposal for a regulation
Part 2 – article 11 – paragraph 1 – point d
Part 2 – article 11 – paragraph 1 – point d
Amendment 535 #
Proposal for a regulation
Part 2 – article 11 – paragraph 1 – point f
Part 2 – article 11 – paragraph 1 – point f
f) mechanisms for ensuring the coherence and consistency of the programming of the CSF Funds with the country-specific recommendations under Article 121(2) of the Treaty and the relevant Council recommendations adopted under 148(4) of the TreatyNational Reform Programmes.
Amendment 539 #
Proposal for a regulation
Part 2 – article 12 – paragraph 1
Part 2 – article 12 – paragraph 1
Amendment 546 #
Proposal for a regulation
Part 2 – article 12 – paragraph 2
Part 2 – article 12 – paragraph 2
Where there are major changes in the Union strategy for smart, sustainable and inclusive growth, the Commission shall review and, where appropriate,or its priorities must be amended to adoapt, by delegated act in accordance with Article 142, a revised Common Strategic Framework to serious changes in the economic or social situation within the Union, the Commission shall propose that the Framework be revised.
Amendment 547 #
Proposal for a regulation
Part 2 – article 12 – paragraph 3
Part 2 – article 12 – paragraph 3
Amendment 604 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point b – point ii
Part 2 – article 14 – paragraph 1 – point b – point ii
ii) the arrangements to ensure an integrated approach to the use of the CSF Funds for the territorial development of urban, peri- urban, rural, coastal and fisheries areas and areas with particular territorial features, in particular the implementation arrangements for Articles 28, 29 and 99 accompanied, where appropriate, by an indicative list of the cities tohat may participate in the urban development platform referred to in Article 8 of the ERDF Regulation;
Amendment 616 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c
Part 2 – article 14 – paragraph 1 – point c
c) an integrated approach to address the specific needs of geographical areas most affected by poverty and unemployment or of target groups at highest risk of discrimination or social exclusion, with special regard to marginalised communities, where appropriate, and persons with disabilities, and including the indicative financial allocation for the relevant CSF Funds;
Amendment 641 #
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point e – point iii
Part 2 – article 14 – paragraph 1 – point e – point iii
iii) an assessment of the existing systems for electronic data exchange, and the actions planned to permit all exchanges of information between beneficiaries and authorities responsible for management and control of programmes to be carried out solepreferably by electronic data exchange.
Amendment 643 #
Proposal for a regulation
Part 2 – article 15 – paragraph 1
Part 2 – article 15 – paragraph 1
1. The Commission shall assess the consistency of the Partnership Contract with this Regulation, with the Common Strategic Framework, and the country- specific recommendations under Article 121(2) of the Treaty and the Council recommendations adopted under 148(4) of the TreatyNational Reform Programmes, taking account of the ex ante evaluations of the programmes, and shall make observations within three months of the date of submission of the Partnership Contract. The Member State shall provide all necessary additional information and, where appropriate, shall revise the Partnership Contract.
Amendment 653 #
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 national and regional needs.
Amendment 660 #
Proposal for a regulation
Part 2 – article 17 – paragraph 1
Part 2 – article 17 – paragraph 1
1. Ex ante conditionalities shall be defined for each CSF Fund in the Fund-specific rulesThe applicable ex ante conditionalities are a necessary prerequisite and should be related to and have a direct impact on the specific conditions supported, in a particular Member State, to achieve a priority objective of the Union. Ex ante conditionalities shall not be used as tools to pursue objectives other than those pertaining to this policy. Ex ante conditionalities shall be defined for each CSF Fund in the Fund-specific rules, provided that such conditionalities are necessary to improve the effectiveness and efficiency thereof.
Amendment 665 #
Proposal for a regulation
Part 2 – article 17 – paragraph 2
Part 2 – article 17 – paragraph 2
2. In accordance with their institutional and legal framework, Member States shall assess whether, in the applicablpartnership agreement or in their programmes, the ex ante conditionalities established in the Fund-specific rules are applicable to the specific actions included in the priorities of their programmes, and whether those ex ante conditionalities are fulfilled.
Amendment 671 #
Proposal for a regulation
Part 2 – article 17 – paragraph 3
Part 2 – article 17 – paragraph 3
3. WherA Programme shall indicate the applicable ex ante conditionalities that are not fulfilled at the date of transmission of the Partnership Contract,. Member States shall set out in the Partnership Contract a summary of the actions to be taken at national or regional level and the timetable for their implementation, to ensureubmit a report on their fulfilment by not later than two years after the adoption of the Partnership Contract or by 31 December 2016, whichever is earlier31 December 2016.
Amendment 673 #
Proposal for a regulation
Part 2 – article 17 – paragraph 4
Part 2 – article 17 – paragraph 4
4. Member StateA Programme shall describe the actions sthall set outt will have to be carried out, within the dsetailed actions time frame, relating to the fulfilment of ex ante conditionalities, applicable to the specific actions included ing the timetable for their implementation, in the relevant pprogramme priorities that have not been fulfilled at the date of transmission of the Programmes.
Amendment 684 #
Proposal for a regulation
Part 2 – article 17 – paragraph 5
Part 2 – article 17 – paragraph 5
5. The Commission shall assess the consistency of the information provided by the Member State on the applicability of ex ante conditionalities and on the fulfilment of applicable ex ante conditionalities in the framework of its assessment of the Partnership Contract and programmes. Itf there are no discrepancies, the Partnership Contract and, if applicable, the programme shall be signed, and the Commission shall not question further the fulfilment of the ex ante conditionalities. If there is no agreement, after proving the failure to fulfil the applicable ex ante conditionalities, the Commission may decide, when adopting a programme, to suspend all or part of interim payments to the programmerelevant priority of the programme in question, pending the satisfactory completion of the specific actions to fulfil an ex ante conditionality. The failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the Commission of the priority in question, if necessary to avoid significant harm to the effectiveness and efficiency of the actions included in that priority. .
Amendment 690 #
Proposal for a regulation
Part 2 – article 17 – paragraph 5 a (new)
Part 2 – article 17 – paragraph 5 a (new)
5a. The failure to complete actions by the deadline set out shall constitute a basis for suspending the interim payment relating to that priority by the Commission. The suspension of the priority shall be lifted without delay when the Member State takes the actions related to fulfilment of the ex ante conditionalities applicable to the programme that had not been fulfilled at the time of the Commission’s decision on suspension.
Amendment 691 #
Proposal for a regulation
Part 2 – article 17 – paragraph 5 b (new)
Part 2 – article 17 – paragraph 5 b (new)
5b. Member States may transfer suspended funds to other priorities in which the ex ante conditions are being met.
Amendment 702 #
Proposal for a regulation
Part 2 – article 18 – paragraph 1
Part 2 – article 18 – paragraph 1
5 % of the resources allocated to each CSF Fund andin each Member State, with the exception of resources allocated to the European territorial cooperation goal and to Title V of the EMFF Regulation, shallmay constitute a performance reserve to be allocated, if applicable, in accordance with Article 20.
Amendment 715 #
Proposal for a regulation
Part 2 – article 20 – paragraph 1
Part 2 – article 20 – paragraph 1
Amendment 718 #
Proposal for a regulation
Part 2 – article 20 – paragraph 2
Part 2 – article 20 – paragraph 2
2. On the basis of the review undertaken in 20198, the Commission shall adopt a decision, by means of implementing acts, to determine for each CSF Fund and Member State the programmes and priorities which have attained their milestones. The Member State shall propose the attribution of the performance reserve for the programmes and priorities set out in that Commission decision. The Commission shall approve the amendment of the programmes concerned in accordance with Article 26. Where a Member State fails to submit the information in accordance with Article 46(2) and (3), the performance reserve for the programmes or the priorities concerned shall not be allocated.
Amendment 722 #
Proposal for a regulation
Part 2 – article 20 – paragraph 3
Part 2 – article 20 – paragraph 3
3. Where there is evidence resulting from a performance review that a priority has failed to achieve the milestones set out in the performance framework, and the necessary remedial actions have not been taken, the Commission may suspend all or part of an interim payment of a priority of a programme in accordance with the procedure laid down in Fund-specific rules.
Amendment 725 #
Proposal for a regulation
Part 2 – article 20 – paragraph 4
Part 2 – article 20 – paragraph 4
4. Where the Commission, based on the examination of the final implementation report of the programme, establishes a serious failure to achieve the targets set out in the performance framework and the necessary remedial actions have not been taken, it may apply financial corrections in respect of the priorities concerned in accordance with Fund-specific rules. The Commission shall be empowered to adopt delegated acts in accordance with Article 142 to establish the criteria and the methodology for determining the level of financial correction to be applied.
Amendment 733 #
Proposal for a regulation
Part 2 – article 21
Part 2 – article 21
Amendment 827 #
Proposal for a regulation
Part 2 – article 29 – paragraph 6
Part 2 – article 29 – paragraph 6
Amendment 849 #
Proposal for a regulation
Part 2 – article 32 – paragraph 1 – subparagraph 3
Part 2 – article 32 – paragraph 1 – subparagraph 3
Amendment 857 #
Proposal for a regulation
Part 2 – article 33 – paragraph 3 – subparagraph 2
Part 2 – article 33 – paragraph 3 – subparagraph 2
Amendment 863 #
Proposal for a regulation
Part 2 – article 33 – paragraph 4 – subparagraph 2
Part 2 – article 33 – paragraph 4 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 142 laying down rules concerning funding agreements, the role and responsibility of the entities to which the implementation tasks are entrusted, as well as management costs and fees
Amendment 870 #
Proposal for a regulation
Part 2 – article 33 – paragraph 7
Part 2 – article 33 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 142 laying down detailed rules concerning specific requirements regarding the transfer and management of assets managed by the entities to which implementation tasks are entrusted, as well as conversion of assets between euro and national currencies.
Amendment 873 #
Proposal for a regulation
Part 2 – article 34 – paragraph 1
Part 2 – article 34 – paragraph 1
1. The bodies accredited in accordance with Article 64managing bodies shall not carry out on-the- spot verifications of operations comprising financial instruments implemented under Article 33(1)(a). They shall receive regular control reports from the bodies entrusted with the implementation of these financial instruments.
Amendment 878 #
Proposal for a regulation
Part 2 – article 34 – paragraph 3
Part 2 – article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 142 concerning the arrangements for management and control of financial instruments implemented under Articles 33(1)(a) and 33(4)(b)(i), (ii) and (iii).
Amendment 886 #
Proposal for a regulation
Part 2 – article 35 – paragraph 2
Part 2 – article 35 – paragraph 2
2. As regards financial instruments referred to in Article 33(1)(b) implemented in accordance with Article 33(4)(a) and (b), the total eligible expenditure presented in the request for payment shall include and separately disclose the total amount of support paid or expected to be paid to the financial instrument for investments in final recipients to be made over a pre- defined period of maximum two years, including management costs or fees.
Amendment 891 #
Proposal for a regulation
Part 2 – article 35 – paragraph 5
Part 2 – article 35 – paragraph 5
5. The Commission shall be empowered to adopt, by means of delegatedimplementing acts in accordance with Article 142, the specific rules concerning payments and withdrawal of payments to financial instruments and possible consequences in respect of requests of payments.
Amendment 921 #
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 for a period of at least 105 years after the closure of the programme.
Amendment 935 #
Proposal for a regulation
Part 2 – article 42 – paragraph 1 – subparagraph 1
Part 2 – article 42 – paragraph 1 – subparagraph 1
The monitoring committee shall be composed of representatives of the managing authority and intermediate bodies and of representatives of the partners. Each member of the monitoring committee shall have aThe Committee shall establish the rules governing voting rights.
Amendment 939 #
Proposal for a regulation
Part 2 – article 42 – paragraph 1 – subparagraph 2
Part 2 – article 42 – paragraph 1 – subparagraph 2
The monitoring committee of a programme under the European territorial cooperation goal shall also include representatives of any third country participating in that programme, as long as that country contributes financially thereto.
Amendment 1064 #
Proposal for a regulation
Part 2 – article 54 – paragraph 5 bis (new)
Part 2 – article 54 – paragraph 5 bis (new)
5a. In accordance with paragraphs 1 and 2 of this article, financial transactions between entities with the same consolidated accounts shall be exempt when calculating net revenue, according to the methodology of the European System of Accounts, ESA, and applicable EU and national law
Amendment 1069 #
Proposal for a regulation
Part 2 – article 55 – paragraph 4
Part 2 – article 55 – paragraph 4
Amendment 1106 #
Proposal for a regulation
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
An operation comprising investment in infrastructure or productive investment, except when its useful life is over and it is written off from the inventory to be amortised for accounting purposes in accordance with applicable regulations, shall repay the contribution from the CSF Funds if within five years from the final payment to the beneficiary or within the period of time set out in the State aid rules, where applicable, it is subject to:
Amendment 1122 #
Proposal for a regulation
Part 2 – article 64
Part 2 – article 64
Amendment 1138 #
Proposal for a regulation
Part 2 – article 66 – paragraph 4
Part 2 – article 66 – paragraph 4
Amendment 1164 #
Proposal for a regulation
Part 2 – article 75 – paragraph 1 – point a
Part 2 – article 75 – paragraph 1 – point a
Amendment 1170 #
Proposal for a regulation
Part 2 – article 76
Part 2 – article 76
Amendment 1198 #
Proposal for a regulation
Part 3 – article 82 – paragraph 2 – subparagraph 2
Part 3 – article 82 – paragraph 2 – subparagraph 2
The three categories of regions are determined on the basis of how their GDP per capita, measured in purchasing power parities and calculated on the basis of Union figures for the period 2006 to 2008available for the last three years, relates to the average GDP of the EU-27 for the same reference period.
Amendment 1204 #
Proposal for a regulation
Part 3 – article 82 – paragraph 3 – subparagraph 1
Part 3 – article 82 – paragraph 3 – subparagraph 1
The Cohesion Fund shall support those Member States whose gross national income (GNI) per capita, measured in purchasing power parities and calculated on the basis of Union figures for the period 2007 to 2009available for the last three years, is less than 90 % of the average GNI per capita of the EU-27 for the same reference period.
Amendment 1212 #
Proposal for a regulation
Part 3 – article 83 – paragraph 2
Part 3 – article 83 – paragraph 2
2. The Commission shall adopt a decision, by means of implementing acts, setting out the annual breakdown of the global resources by Member State aimed at ‘investment for growth and jobs’, without prejudice to paragraph 3 of this Article and Article 84(7), and at the European Territorial Cooperation Objective.
Amendment 1213 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – introductory part
Part 3 – article 84 – paragraph 1 – subparagraph 1 – introductory part
1. Resources for the Investment for growth and jobs goal shall amount to 96,52XX % of the global resources (i.e., a total of EUR 324 320 492 844XXX XXX XXX XXX ) and shall be allocated as follows:
Amendment 1215 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point a
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point a
(a) 50,13XX % (i.e., a total of EUR 162 589 839 384XXX XXX XXX XXX) for less developed regions;
Amendment 1217 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point b
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point b
(b) 12,01XX % (i.e., a total of EUR 38 951 564 661XXX XXX XXX XXX) for transition regions;
Amendment 1220 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point c
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point c
(c) 16,39XX % (i.e., a total of EUR 53 142 922 017XX XXX XXX XXX) for more developed regions;
Amendment 1222 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point d
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point d
(d) 21,19XX % (i.e., a total of EUR 68 710 486 782XX XXX XXX XXX) for Member States supported by the Cohesion Fund;
Amendment 1225 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point e
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point e
(e) 0,29 % (i.e., a total of EUR 925 680 000)EUR XXX as additional funding for the outermost regions identified in Article 349 of the Treaty and EUR XXX as additional funding for the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the Treaty of Accession of Austria, Finland and Sweden.
Amendment 1229 #
Proposal for a regulation
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point e bis (new)
Part 3 – article 84 – paragraph 1 – subparagraph 1 – point e bis (new)
(e)a. EUR XXX as additional funding for allocation to areas affected by serious and permanent geographical disadvantages within the framework the Operational Programmes adopted under Article 10 of the ERDF Regulations; such areas are defined in Article 111.4, excluding those already mentioned in point e).
Amendment 1252 #
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point a
Part 3 – article 84 – paragraph 2 – point a
(a) eligible population, regional prosperity, national prosperity and unemployment rate, serious and permanent natural or demographic handicaps, depopulation, dispersal and ageing of the population, for less developed regions and transition regions;
Amendment 1264 #
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point b
Part 3 – article 84 – paragraph 2 – point b
(b) eligible population, regional prosperity, unemployment rate, employment rate, educational level and population density, dispersal and ageing, serious and permanent natural or demographic handicaps for more developed regions;
Amendment 1270 #
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point c bis (new)
Part 3 – article 84 – paragraph 2 – point c bis (new)
(c)a. percentage of territory and population affected by permanent and severe geographical or demographic disadvantages, as mentioned in Article 174 and Article 111.4 of this Regulation;
Amendment 1272 #
Proposal for a regulation
Part 3 – article 84 – paragraph 2 – point c ter (new)
Part 3 – article 84 – paragraph 2 – point c ter (new)
(c)b. the results obtained will be reviewed and, where appropriate, adapted so that the data resulting from application of the criteria in paragraphs a), b), c) and d) objectively reflect the real situation resulting from the economic and social crisis of recent years;
Amendment 1284 #
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
3. At least 25 % of the Structural Funds resources for less developed regions, 40% for transition regions and 52% for more developed regions in each Member State shall be allocated to the ESF. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocatMember States, together with the European Commission, will decide, in the negotiations for approving Contracts of Association, on the distribution of resources allocated among the various funds included toin the ECSF.
Amendment 1304 #
Proposal for a regulation
Part 3 – article 84 – paragraph 5 – subparagraph 1
Part 3 – article 84 – paragraph 5 – subparagraph 1
The support from the Structural Funds for [food for deprived people] under the Investment for Growth and Jobsor food for deprived people shall be EUR 2 500 000 000XXX.
Amendment 1305 #
Proposal for a regulation
Part 3 – article 84 – paragraph 5 – subparagraph 2
Part 3 – article 84 – paragraph 5 – subparagraph 2
The Commission shall adopt a decision by implementing act setting out the amount to be transferred from each Member State’s Structural Funds allocation for the whole period in each Member State. The Structural Funds allocation of each Member State shall be reduced accordinglyor the whole period in each Member State, from the allocation assigned in the ‘Preservation and management of natural resources’ heading of the Financial Framework of the European Union.
Amendment 1306 #
Proposal for a regulation
Part 3 – article 84 – paragraph 5 – subparagraph 3
Part 3 – article 84 – paragraph 5 – subparagraph 3
Amendment 1312 #
Proposal for a regulation
Part 3 – article 84 – paragraph 6
Part 3 – article 84 – paragraph 6
6. 5Where appropriate, if the Member State so decides, 5 % of the resources for the Investment for growth and jobs goal shall constitute thewill be used to set up a performance reserve to be allocated in accordance with Article 20.
Amendment 1313 #
Proposal for a regulation
Part 3 – article 84 – paragraph 7
Part 3 – article 84 – paragraph 7
7. 0,2XX % of the ERDF resources for the Investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the Commission in the area of sustainable urban development.
Amendment 1318 #
Proposal for a regulation
Part 3 – article 84 – paragraph 8
Part 3 – article 84 – paragraph 8
8. Resources for the European territorial cooperation goal shall amount to 3,48 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 (i.e., a total of EUR 11 700 000 004XX XXX XXX XXX).
Amendment 1373 #
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point iii
Part 3 – article 87 – paragraph 2 – point c – point iii
(iii) the list of citieindicating cities and functional areas where integrated actions for sustainable urban development will be implemented, the indicative annual allocation of the ERDF support for these actions, including the resources delegated to cities for management under Article 7(2) of Regulation (EU) No […] [ERDF] and the indicative annual allocation of ESF support for integrated actions;
Amendment 1382 #
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point vi
Part 3 – article 87 – paragraph 2 – point c – point vi
(vi) where appropriate, the contribution of the planned interventions towards macro regional strategies and sea basin strategies and towards functional mountainous areas;
Amendment 1407 #
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point h – point i
Part 3 – article 87 – paragraph 2 – point h – point i
(i) identification of the accrediting body, the managing authority, the certifying authority, where applicable, and the audit authority;
Amendment 1429 #
Proposal for a regulation
Part 3 – article 88 – paragraph 2
Part 3 – article 88 – paragraph 2
2. The ERDF and the ESF may finance, in a complementary manner and subject to a limit of 510 % of Union funding for each priority axis of an operational programme, a part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it.
Amendment 1433 #
Proposal for a regulation
Part 3 – article 89 – paragraph 2 bis (new)
Part 3 – article 89 – paragraph 2 bis (new)
Operational programmes focused on vulnerable groups, such as young people, women, immigrants, long-term unemployed, the elderly, disabled people and ethnic minorities, should be eligible to operate throughout the territory regardless of geographic limitations.
Amendment 1466 #
Proposal for a regulation
Part 3 – article 93 – paragraph 2
Part 3 – article 93 – paragraph 2
2. The public support allocated to a joint action plan shall be a minimum of EUR 105 000 000 or 210 % of the public support of the operational programme or programmes, whichever is lower.
Amendment 1538 #
Proposal for a regulation
Part 3 – article 101 – paragraph 3 – point i
Part 3 – article 101 – paragraph 3 – point i
i) progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion, with special regard to marginalised communities and persons with disabilities including, where appropriate, the financial resources used;
Amendment 1615 #
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 2
Part 3 – article 110 – paragraph 3 – subparagraph 2
The co-financing rate at the level of each priority axis of operational programmes under the European territorial cooperation goal shall be no higher than 75 %. For the outermost regions it shall be no higher than 85 %.
Amendment 1619 #
Proposal for a regulation
Part 3 – article 110 – paragraph 4 – subparagraph 1
Part 3 – article 110 – paragraph 4 – subparagraph 1
The co-financing rate of the additional allocation in accordance with Article 84(1)(e) shall be no higher than 5085 %.
Amendment 1641 #
Proposal for a regulation
Part 3 – article 111 – paragraph 1 bis (new)
Part 3 – article 111 – paragraph 1 bis (new)
In these areas, the maximum co- financing rates laid down in Article 110(3) can be increased by 10 % to a maximum of 80 %.
Amendment 1687 #
Proposal for a regulation
Part 3 – article 117
Part 3 – article 117
Amendment 1732 #
Proposal for a regulation
Part 3 – article 128
Part 3 – article 128
Amendment 1734 #
Proposal for a regulation
Part 3 – article 129
Part 3 – article 129
Amendment 1738 #
Proposal for a regulation
Part 3 – article 130
Part 3 – article 130
Amendment 1741 #
Proposal for a regulation
Part 3 – Article 131
Part 3 – Article 131
Amendment 1743 #
Proposal for a regulation
Part 3 – Article 132 – paragraph 1 – subparagraph 1
Part 3 – Article 132 – paragraph 1 – subparagraph 1
Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents on operations are made available to the Commission and the European Court of Auditors upon request for a period of three years. This three year period shall run from 31 December of the year of the clearance of accounts decision pursuant to Article 130 or, at the latest, from the date of payment of the final balance.
Amendment 1757 #
Proposal for a regulation
Part 3 – Article 134 – paragraph 1 – point f
Part 3 – Article 134 – paragraph 1 – point f
Amendment 1763 #
Proposal for a regulation
Part 3 – Article 134 – paragraph 1 – point g
Part 3 – Article 134 – paragraph 1 – point g
Amendment 1807 #
Proposal for a regulation
Annex I
Annex I
deleted
Amendment 1814 #
Proposal for a regulation
Annex IV – Thematic ex ante conditionalities – point 6 – column 3 – indent 1
Annex IV – Thematic ex ante conditionalities – point 6 – column 3 – indent 1
A Member State has ensured contribution oftaken measures to ensure that the different water uses contribute to the recovery of the costs of water services by sector in accordance with Article 9 of Directive 2000/60/EC.
Amendment 1872 #
Proposal for a regulation
Annex IV – Annex IV – General ex-ante conditionalities – point 4 – column 3 – indent 1– sub-indent 1
Annex IV – Annex IV – General ex-ante conditionalities – point 4 – column 3 – indent 1– sub-indent 1
Amendment 1873 #
Proposal for a regulation
Annex IV – General ex-ante conditionalities – point 4 – column 3 – indent 1 – sub-indent 3
Annex IV – General ex-ante conditionalities – point 4 – column 3 – indent 1 – sub-indent 3
– measures which ensure adequate supervision and surveillance of transparent contract award procedures and adequate information thereon;
Amendment 1885 #
Proposal for a regulation
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.3
Annex -I (new) – Part 1 – Section 1.1 – Paragraph 1.1.3
1.1.3 In order to ensure effective multi- level governance Member States and regions must carry out the following actions: a) establish coordination mechanisms between the different levels of governance in accordance with the respective constitutional powers systems; b) report regularly on the implementation of partnership.