279 Amendments of Tamás DEUTSCH related to 2018/0196(COD)
Amendment 43 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a smarter Europe by promoting innovative and smart economic transformation and more effective public administration;
Amendment 46 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) a more social Europe implementingtaking into account the European Pillar of Social Rights;
Amendment 49 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 52 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Each Member State shall organise a partnership with the competent regional and local authorities. That partnership shall include at least the following partners:The European code of conduct on partnership for Partnership Agreements and programmes supported by the European Structural and Investment Funds shall be applied in accordance with Commission Delegated Regulation (EU) No 240/2014
Amendment 53 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 54 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 55 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 56 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 57 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 58 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 59 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shallmay prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.
Amendment 60 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 61 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevant, a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendationand the national and regional development strategies of the Member States;
Amendment 63 #
Proposal for a regulation
Article 8 – paragraph 1 – point b – point iii
Article 8 – paragraph 1 – point b – point iii
(iii) complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;
Amendment 64 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) where relevant, the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) the amounts to be contributed to InvestEU by Fund and by category of regions;
Amendment 66 #
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(g a) (h) a description of the territorial approach to be applied by the Member State, including territorial challenges and related national or regional strategies, territorial approach in relation to the 5 POs, links with EAFRD investments in rural areas, territorial instruments.
Amendment 67 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund- specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.
Amendment 68 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of the first submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.
Amendment 69 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. If, pursuant to Article 7(4), the Partnership Agreement is included in a programme, the Commission shall adopt a decision by means of an implementing act approving that programme no later than six months after the date of the first submission of that programme by the Member State concerned.
Amendment 89 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each programme shall set out a strategy for the programme's contribution to the policy objectives and, except for priorities or programmes implemented in accordance with Article 22, and a strategy for the communication of its results.
Amendment 90 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
A programme shall consist of priorities. Each priority shall correspond to a singlone or more policy objectives or to technical assistance and may use support from one or more funds. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.
Amendment 93 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point i
Article 17 – paragraph 3 – subparagraph 1 – point a – point i
(i) economic, social and territorial disparities, identified in national and regional development, strategies except for programmes supported by the EMFF;
Amendment 94 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
(iii) challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;
Amendment 95 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point v
Article 17 – paragraph 3 – subparagraph 1 – point a – point v
Amendment 96 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
Amendment 97 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point c
Article 17 – paragraph 3 – subparagraph 1 – point c
(c) for each priority, except for technical assistance, specific objectives, indicative types of intervention and an indicative breakdown of the programmed resources by type of intervention or area of support;
Amendment 98 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point i
Article 17 – paragraph 3 – subparagraph 1 – point d – point i
(i) the related types of actions, including a list of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea- basin strategies, where appropriate;
Amendment 100 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point vii
Article 17 – paragraph 3 – subparagraph 1 – point d – point vii
Amendment 101 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point h
Article 17 – paragraph 3 – subparagraph 1 – point h
Amendment 102 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point i
Article 17 – paragraph 3 – subparagraph 1 – point i
Amendment 103 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point j
Article 17 – paragraph 3 – subparagraph 1 – point j
(j) the managing authority, the audit authority and the body which receives payments from the Commissif applicable, the certifying authority or the body fulfilling the accounting function.
Amendment 104 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Types of intervention shall be based on a nomenclature set out in Annex I. For programmes supported by the AMIF, the ISF and the BMVI, types of intervention shall be based on a nomenclature set out in the Fund-specific Regulations. Member States shall provide information on the support for environment and climate objectives using a the methodology based on types of intervention for each of the Funds shall consists of weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives in the case of the ERDF, the ESF+ and the Cohesion Fund.
Amendment 105 #
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. A Member State may propose in its operational programme that a coefficient of 40 % be assigned to a measure weighed with a coefficient of 0 % in Annex I to this Regulation, provided that it can demonstrate the relevance of that measure or both to climate change mitigation or adaptation or environmental objectives.
Amendment 106 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 107 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as if applicable, its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations, challenges identified in national and regional development strategies and, where applicable, findings and recommendations of ex-ante evaluations.
Amendment 108 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act approving the programme no later than six months after the date of the first submission of the programme by the Member State.
Amendment 109 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Member State may submit a motivated request for an amendment of a programme together with the amended programme setting out the expected impact of that amendment on the achievement of the objectives.
Amendment 110 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within three months of the submission of the amended programme.
Amendment 111 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall approve the amendment of a programme no later than six months after its first submission by the Member State.
Amendment 112 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 15 % of the initial allocation of a priority and no more than 310 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 113 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 105 % of support from those Funds for each priority of a programme, all or 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 such costs are necessary for the implementation.
Amendment 116 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared managementto any other Fund or to any instrument under direct or indirect management.
Amendment 118 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1 a. 2. Funds under shared management may receive a transfer of up to 5 % of their financial allocation from any Fund or any instrument under direct or indirect management.
Amendment 119 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.
Amendment 120 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. TWhe Commission may object to a request forre a transfer has not been fully implemented within two years from the transfer in, the related programme amendment where this would undermine the achievement of the objectives of the programme from which the resources are to be transferredMember State or the Commission may request that amount of the transfer, which is not covered by commitment, to be transferred to the corresponding Fund or instrument. Following such a request, the transfer- back shall be implemented within 3 months after the request.
Amendment 121 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
The Member State shallmay support integrated territorial development through territorial and local development strategies in any of the following forms:
Amendment 122 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under the policy objective referred in Article 4(1)(e).
Amendment 124 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 125 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The ERDF, the ESF+ , the EAFRD as referred to in Regulation XX/XXX and the EMFF may support community-led local development.
Amendment 127 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where the implementation of such a strategy involves support from more than one Ffund referred to in paragraph 1, the relevant managing authorities may choose one of those Ffunds concerned as the Lead Fund.
Amendment 128 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The relevant managing authorities shall complete the first round of selection of strategies and ensure the local action groups selected can fulfil their tasks set out in Article 27(3) within 12 months of the date of the approval of the relevant programme or, in the case of strategies supported by more than one Fund, within 124 months of the date of the approval of the last programme concerned.
Amendment 129 #
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
(d) selecting operations in accordance with their Local Development Strategy and fixing the amount of support and presenting the proposals to the body responsible for final verification of eligibility before approval;
Amendment 130 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Such actions may cover future and previousprevious and future programming periods.
Amendment 131 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Technical assistance to each programme shallmay be reimbursed as a flat- rate by applying the percentages set out in paragraph 2 to the eligible expenditure included in each payment application pursuant to Article 85(3)(a) or (c) as appropriate.
Amendment 132 #
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 2,54 %;
Amendment 136 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point a
Article 64 – paragraph 4 – subparagraph 1 – point a
(a) the Commission shall give at least 120 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.
Amendment 137 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point c
Article 64 – paragraph 4 – subparagraph 1 – point c
(c) the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 32 months after the last day of the audit, to the competent Member State authority.
Amendment 138 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point d
Article 64 – paragraph 4 – subparagraph 1 – point d
(d) the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 32 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
Amendment 139 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 2
Article 64 – paragraph 4 – subparagraph 2
The Commission may extend the time limits referred in points (c) and (d) by an additional threewo months.
Amendment 140 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1 a. 1 a. The Member State may identify a certifying authority. The Member State may, at its own initiative, designate a coordinating body whose responsibility shall be to liaise with and provide information to the Commission, to coordinate activities of the other relevant bodies and to promote the harmonized application of the applicable law.
Amendment 140 #
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, and measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration 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 141 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The Member State may entrust the accounting function referred to in Article 70 to the managing authority, to the certifying authority or to another body.
Amendment 142 #
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the electronic data to be recorded and stored referred to in point (e) of paragraph 1. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 109(2).
Amendment 143 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
Amendment 144 #
Proposal for a regulation
Article 67 – paragraph 3 – point i
Article 67 – paragraph 3 – point i
Amendment 145 #
Proposal for a regulation
Article 67 – paragraph 5 – subparagraph 1 a (new)
Article 67 – paragraph 5 – subparagraph 1 a (new)
Member States shall draw up and adopt rules of procedure for providing such support in accordance with the institutional, legal and financial framework of the Member State concerned.
Amendment 146 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – point g
Article 68 – paragraph 1 – subparagraph 1 – point g
Amendment 147 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Management verifications referred to in point (a) of paragraph 1 shallmay be risk-based and proportionate to the risks identified as defined in a risk management strategy.
Amendment 148 #
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
(c a) (d) certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts complies with applicable law and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme and complying with applicable law;
Amendment 149 #
Proposal for a regulation
Article 70 – paragraph 1 – point c b (new)
Article 70 – paragraph 1 – point c b (new)
(c b) (e) ensuring, for the purposes of drawing up and submitting payment applications, that it has received adequate information from the managing authority on the procedures and verifications carried out in relation to expenditure;
Amendment 150 #
Proposal for a regulation
Article 70 – paragraph 1 – point c c (new)
Article 70 – paragraph 1 – point c c (new)
(c c) (f) taking account when drawing up and submitting payment applications of the results of all audits carried out by, or under the responsibility of, the audit authority;
Amendment 151 #
Proposal for a regulation
Article 70 – paragraph 1 – point c d (new)
Article 70 – paragraph 1 – point c d (new)
(c d) (g) maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries;
Amendment 152 #
Proposal for a regulation
Article 71 – paragraph 4 – subparagraph 1
Article 71 – paragraph 4 – subparagraph 1
Where programmes are grouped for the purpose of audits of operations pursuant to Article 73(2), the information required under paragraph (3)(b) may beis grouped in a single report.
Amendment 153 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. For programmes for which the Commission concludes that the opinion of the audit authority is reliable and the Member State concerned participates in the enhanced cooperation on the European Public Prosecutor's Office, the Commission's own audits shall be limited to auditing the work of the audit authority.
Amendment 154 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 155 #
Proposal for a regulation
Article 74 – paragraph 5 – point a
Article 74 – paragraph 5 – point a
(a) there is a specific risk of irregularity or an indication of fraud;
Amendment 156 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
The Member State may apply the enhanced proportionate arrangements set out in Article 77 at any time during the programming period, where the Commission has confirmed in its published annual activity reports for the last two years preceding the Member State's decision to apply the provisions of this Article, that the programme's management and control system is functioning effectively and that the total error rate for each year is below 2 %. When assessing the effective functioning of the programme's management and control system, the Commission shall take into account the participation of the Member State concerned in the enhanced cooperation on the European Public Prosecutor's Office.
Amendment 163 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point a
Article 64 – paragraph 4 – subparagraph 1 – point a
(a) the Commission shall give at least 120 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.
Amendment 164 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point c
Article 64 – paragraph 4 – subparagraph 1 – point c
(c) the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 32 months after the last day of the audit, to the competent Member State authority.
Amendment 165 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point d
Article 64 – paragraph 4 – subparagraph 1 – point d
(d) the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 32 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
Amendment 166 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 2
Article 64 – paragraph 4 – subparagraph 2
The Commission may extend the time limits referred in points (c) and (d) by an additional threewo months.
Amendment 167 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The Member State may identify a certifying authority. The Member State may, at its own initiative, designate a coordinating body whose responsibility shall be to liaise with and provide information to the Commission, to coordinate activities of the other relevant bodies and to promote the harmonized application of the applicable law.
Amendment 168 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to contribute to Union priorities, the Funds should focus their support on a limited number of policy objectives in line with their Fund-specific missions pursuant to their Treaty-based objectives. The policy objectives for the AMIF, the ISF and the BMVI should be set out in the respective Funds-specific regulations.
Amendment 168 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The Member State may entrust the accounting function referred to in Article 70 to the managing authority, to the certifying authority or to another body.
Amendment 169 #
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the electronic data to be recorded and stored referred to in point (e) of paragraph 1. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 109(2).
Amendment 170 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
Amendment 171 #
Proposal for a regulation
Article 67 – paragraph 3 – point i
Article 67 – paragraph 3 – point i
Amendment 172 #
Proposal for a regulation
Article 67 – paragraph 5 – subparagraph 1 a (new)
Article 67 – paragraph 5 – subparagraph 1 a (new)
Member States shall draw up and adopt rules of procedure for providing such support in accordance with the institutional, legal and financial framework of the Member State concerned.
Amendment 173 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – point g
Article 68 – paragraph 1 – subparagraph 1 – point g
Amendment 174 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Management verifications referred to in point (a) of paragraph 1 shallmay be risk-based and proportionate to the risks identified as defined in a risk management strategy.
Amendment 175 #
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
(ca) certifying the completeness, accuracy and veracity of the accounts and that the expenditure entered in the accounts complies with applicable law and has been incurred in respect of operations selected for funding in accordance with the criteria applicable to the operational programme and complying with applicable law;
Amendment 176 #
Proposal for a regulation
Article 70 – paragraph 1 – point c b (new)
Article 70 – paragraph 1 – point c b (new)
Amendment 177 #
Proposal for a regulation
Article 70 – paragraph 1 – point c c (new)
Article 70 – paragraph 1 – point c c (new)
(cc) taking account when drawing up and submitting payment applications of the results of all audits carried out by, or under the responsibility of, the audit authority;
Amendment 178 #
Proposal for a regulation
Article 70 – paragraph 1 – point c d (new)
Article 70 – paragraph 1 – point c d (new)
(cd) maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries;
Amendment 179 #
Proposal for a regulation
Article 71 – paragraph 4 – subparagraph 1
Article 71 – paragraph 4 – subparagraph 1
Where programmes are grouped for the purpose of audits of operations pursuant to Article 73(2), the information required under paragraph (3)(b) may beis grouped in a single report.
Amendment 180 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. For programmes for which the Commission concludes that the opinion of the audit authority is reliable and the Member State concerned participates in the enhanced cooperation on the European Public Prosecutor's Office, the Commission's own audits shall be limited to auditing the work of the audit authority.
Amendment 181 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 182 #
Proposal for a regulation
Article 74 – paragraph 5 – point a
Article 74 – paragraph 5 – point a
(a) there is a specific risk of irregularity or an indication of fraud;
Amendment 183 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
The Member State may apply the enhanced proportionate arrangements set out in Article 77 at any time during the programming period, where the Commission has confirmed in its published annual activity reports for the last two years preceding the Member State's decision to apply the provisions of this Article, that the programme's management and control system is functioning effectively and that the total error rate for each year is below 2 %. When assessing the effective functioning of the programme's management and control system, the Commission shall take into account the participation of the Member State concerned in the enhanced cooperation on the European Public Prosecutor's Office.
Amendment 236 #
Proposal for a regulation
Recital 17
Recital 17
(17) To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co- financed operations are in line with the Union policy framework.
Amendment 240 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States' total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.
Amendment 304 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 325 #
Proposal for a regulation
Recital 63
Recital 63
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) financial rules for the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund,, the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') ('the Funds');
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not apply to the Employment and Social Innovation and the Health strands of the ESF+ and to the direct or indirect management components of the EMFF, the AMIF, the ISF and the BMVI, except for technical assistance at the initiative of the Commission.
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 6 – point e
Article 1 – paragraph 6 – point e
Amendment 355 #
Proposal for a regulation
Article 1 – paragraph 6 – point f
Article 1 – paragraph 6 – point f
Amendment 356 #
Proposal for a regulation
Article 1 – paragraph 6 – point g
Article 1 – paragraph 6 – point g
Amendment 361 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'priority' in the context of the AMIF, the ISF and the BMVI, means a specific objective; in the context of the EMFF it means a 'type of areas of support' as referred to in the nomenclature laid down in Annex III of the EMFF Regulation;
Amendment 396 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a smarter Europe by promoting innovative and smart economic transformation and more effective public administration;
Amendment 426 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) a more social Europe implementingtaking into account the European Pillar of Social Rights;
Amendment 442 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 452 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. If operations financed from the programmes within the scope of this Regulation contain State aid, the State aid shall automatically qualify as compliant with State aid rules if granted under the block-exempted aid category specific to this Regulation as included in Commission Regulation (EU) No 651/2014.
Amendment 480 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Each Member State shall organise a partnership with the competent regional and local authorities. That partnership shall include at least the following partners:The European code of conduct on partnership for Partnership Agreements and programmes supported by the European Structural and Investment Funds shall be applied in accordance with Commission Delegated Regulation (EU) No240/2014;
Amendment 489 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 499 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 502 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 514 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 523 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 529 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 550 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shallmay prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.
Amendment 557 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 581 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, and where relevataking int,o a justification for using the delivery mode of the InvestEU, taking into account relevant country-specific recommendationccount the national and regional development strategies of the Member States;
Amendment 590 #
Proposal for a regulation
Article 8 – paragraph 1 – point b – point i
Article 8 – paragraph 1 – point b – point i
(i) a summary of the policy choices and the main results expected for each of the Funds, including where relevant, through the use of InvestEU;
Amendment 599 #
Proposal for a regulation
Article 8 – paragraph 1 – point b – point iii
Article 8 – paragraph 1 – point b – point iii
(iii) complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;
Amendment 605 #
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) where relevant, the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;
Amendment 607 #
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
Amendment 621 #
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(g a) (h) a description of the territorial approach to be applied by the Member State, including territorial challenges and related national or regional strategies, territorial approach in relation to the 5 POs, links with EAFRD investments in rural areas, territorial instruments.
Amendment 641 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund- specific rules. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.
Amendment 658 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of the first submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.
Amendment 662 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. If, pursuant to Article 7(4), the Partnership Agreement is included in a programme, the Commission shall adopt a decision by means of an implementing act approving that programme no later than six months after the date of the first submission of that programme by the Member State concerned.
Amendment 665 #
Proposal for a regulation
Article 10
Article 10
Amendment 709 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification.
Amendment 710 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where an enabling condition is not fulfilled at the time of approval of the programme or the programme amendment, the Member State shall report to the Commission as soon as it considers the enabling condition fulfilled with justification.
Amendment 715 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
That assessment of applicability by the Commission shall take account of the principle of proportionality having regard to the level of support allocated, where appropriate. The assessment of fulfilment by the Commission shall be limited to the criteria laid down in the Fund-specific rules and in Annex III, and shall respect national and regional competences to decide on the specific and adequate policy measures including the content of strategies.
Amendment 722 #
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5 a. Paragraph 5 shall not apply in the event of agreement between the Commission and the Member State on the non- applicability of an enabling condition or on the fact that an applicable enabling condition has been fulfilled, as indicated by the approval of the programme and the Partnership Agreement, or in the absence of Commission observations within 60 days of the submission of the relevant report referred to in paragraph 3.
Amendment 724 #
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1
Article 11 – paragraph 6 – subparagraph 1
Amendment 726 #
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1 a (new)
Article 11 – paragraph 6 – subparagraph 1 a (new)
The Commission shall without delay lift the suspension of interim payments for a specific objective where a Member State has completed actions related to the fulfilment of the enabling conditions applicable to the programme concerned which had not been fulfilled at the time of the decision of the Commission on the suspension. It shall also without delay lift the suspension where, following amendment of the programme related to the priority concerned, the enabling condition concerned is no longer applicable.
Amendment 728 #
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2
Article 11 – paragraph 6 – subparagraph 2
Amendment 756 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
Amendment 779 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The Member State shallmay submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1). The Member State shall justify the amendment on the basis of the elements set out in paragraph 1.
Amendment 780 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Amendment 789 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 808 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 818 #
Proposal for a regulation
Article 15 – paragraph 7 – subparagraph 1 – introductory part
Article 15 – paragraph 7 – subparagraph 1 – introductory part
The Commission shall make a proposal to the Council to suspend all or part of the commitments or payments for one or more of the programmes of a Member State in the following cases:
Amendment 820 #
Proposal for a regulation
Article 15 – paragraph 7 – subparagraph 2
Article 15 – paragraph 7 – subparagraph 2
Amendment 825 #
Proposal for a regulation
Article 15 – paragraph 8 – subparagraph 1
Article 15 – paragraph 8 – subparagraph 1
A proposal by the Commission for the suspension of commitments shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within onthree months of the submission of the Commission proposal.
Amendment 828 #
Proposal for a regulation
Article 15 – paragraph 8 – subparagraph 3
Article 15 – paragraph 8 – subparagraph 3
Amendment 836 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.
Amendment 841 #
Proposal for a regulation
Article 15 – paragraph 10 – subparagraph 2
Article 15 – paragraph 10 – subparagraph 2
In case of persistent non-compliance, the suspension of commitments may exceedis subject to a ceiling of twice the maximum percentages set out in the first sub-paragraph.
Amendment 846 #
Proposal for a regulation
Article 15 – paragraph 11 – subparagraph 5
Article 15 – paragraph 11 – subparagraph 5
Amendment 849 #
Proposal for a regulation
Article 15 – paragraph 11 – subparagraph 5 a (new)
Article 15 – paragraph 11 – subparagraph 5 a (new)
The procedure set out in paragraphs 7 to 11 shall be applied only where: (a) economic governance tools have already been deployed, (b) those tools have proven insufficient to improve macroeconomic and fiscal stability, and (c) one of the cases referred to in points (a) to (e) of paragraph 7 is putting cohesion policy expenditure at risk in that Member State.
Amendment 869 #
Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Amendment 870 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each programme shall set out a strategy for the programme's contribution to the policy objectives and, except for priorities or programmes implemented in accordance with Article 22, and a strategy for the communication of its results.
Amendment 874 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
A programme shall consist of priorities. Each priority shall correspond to a singlone or more policy objectives or to technical assistance and may use support from one or more funds. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.
Amendment 877 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
Amendment 880 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point i
Article 17 – paragraph 3 – subparagraph 1 – point a – point i
(i) economic, social and territorial disparities, identified in national and regional development strategies, except for programmes supported by the EMFF;
Amendment 895 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
Article 17 – paragraph 3 – subparagraph 1 – point a – point iii
(iii) challenges identified in relevant country-specific recommendations and other relevant Union recommendations addressed to the Member State;
Amendment 901 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point v
Article 17 – paragraph 3 – subparagraph 1 – point a – point v
Amendment 906 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii
Article 17 – paragraph 3 – subparagraph 1 – point a – point vii
Amendment 910 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
Amendment 915 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point c
Article 17 – paragraph 3 – subparagraph 1 – point c
(c) for each priority, except for technical assistance, specific objectives, indicative types of intervention and an indicative breakdown of the programmed resources by type of intervention or area of support;
Amendment 919 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point i
Article 17 – paragraph 3 – subparagraph 1 – point d – point i
(i) the related types of actions, including a list of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea- basin strategies, where appropriate;
Amendment 939 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point vii
Article 17 – paragraph 3 – subparagraph 1 – point d – point vii
Amendment 941 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point f – point iv
Article 17 – paragraph 3 – subparagraph 1 – point f – point iv
Amendment 945 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point h
Article 17 – paragraph 3 – subparagraph 1 – point h
Amendment 946 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point i
Article 17 – paragraph 3 – subparagraph 1 – point i
Amendment 954 #
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point j
Article 17 – paragraph 3 – subparagraph 1 – point j
(j) the managing authority, the audit authority and the body which receives payments from the Commiss, if applicable, the certifying authority or the body fulfilling the accounting function.
Amendment 958 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 962 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Types of intervention shall be based on a nomenclature set out in Annex I. For programmes supported by the AMIF, the ISF and the BMVI, types of intervention shall be based on a nomenclature set out in the Fund-specific Regulations.
Amendment 963 #
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. A Member State may propose in its operational programme that a coefficient of 40 % be assigned to a measure weighed with a coefficient of 0 % in Annex I to this Regulation, provided that it can demonstrate the relevance of that measure or both to climate change mitigation or adaptation or to environmental objectives.
Amendment 964 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 975 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as, if applicable, its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations, challenges identified in national and regional development strategies and, where applicable, findings and recommendations of ex-ante evaluations.
Amendment 1001 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act approving the programme no later than six months after the date of the first submission of the programme by the Member State.
Amendment 1008 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Member State may submit a motivated request for an amendment of a programme together with the amended programme setting out the expected impact of that amendment on the achievement of the objectives.
Amendment 1024 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall approve the amendment of a programme no later than six months after its first submission by the Member State.
Amendment 1036 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Member State may transfer during the programming period an amount of up to 15 % of the initial allocation of a priority and no more than 310 % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.
Amendment 1069 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 105 % of support from those Funds for each priority of a programme, all or 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 such costs are necessary for the implementation.
Amendment 1085 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to any other Fund under shared management or to any instrument under direct or indirect managementthe European Regional Development Fund, the European Social Fund Plus or the Cohesion Fund.
Amendment 1086 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1 a. Funds under shared management may receive a transfer of up to 5 % of their financial allocation from any Fund or any instrument under direct or indirect management.
Amendment 1092 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.
Amendment 1094 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. TWhe Commission may object to a request for transfer in the related programme amendment where this would undermine the achievement of the objectives of the programme from which the resources are to be transferredre a transfer has not been fully implemented within two years, the Member State or the Commission may request that amount of the transfer which is not covered by commitments to be transferred to the corresponding Fund or instrument. Following such a request, the transfer back shall be implemented within 3 months of the request.
Amendment 1100 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
The Member State shallmay support integrated territorial development through territorial and local development strategies in any of the following forms:
Amendment 1106 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under the policy objective referred in Article 4(1)(e).
Amendment 1150 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 1152 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The ERDF, the ESF+, the EAFRD as referred to in Regulation XX/XXX, and the EMFF may support community-led local development.
Amendment 1168 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where the implementation of such a strategy involves support from more than one Fund referred to in paragraph 1, the relevant managing authorities may choose one of those Funds concerned as the Lead Fund.
Amendment 1187 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The relevant managing authorities shall complete the first round of selection of strategies and ensure the local action groups selected can fulfil their tasks set out in Article 27(3) within 12 months of the date of the approval of the relevant programme or, in the case of strategies supported by more than one Fund, within 124 months of the date of the approval of the last programme concerned.
Amendment 1193 #
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
(d) selecting operations in accordance with their Local Development Strategy and fixing the amount of support and presenting the proposals to the body responsible for final verification of eligibility before approval;
Amendment 1201 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Such actions may cover future and previousprevious and future programming periods.
Amendment 1212 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Technical assistance to each programme shallmay be reimbursed as a flat- rate by applying the percentages set out in paragraph 2 to the eligible expenditure included in each payment application pursuant to Article 85(3)(a) or (c) as appropriate.
Amendment 1228 #
Proposal for a regulation
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support: 2,54 %;
Amendment 1247 #
Proposal for a regulation
Article 31 – paragraph 2 – point d
Article 31 – paragraph 2 – point d
Amendment 1280 #
Proposal for a regulation
Article 35 – paragraph 1 – point h
Article 35 – paragraph 1 – point h
(h) the fulfilment of enabling conditions and their application throughout the programming periodat the date of the submission of the Partnership Agreement and operational programme;
Amendment 1297 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 1299 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. For programmes supported by the EMFF, the AMF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.
Amendment 1335 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. The managing authority or the Member State shall draw up an evaluation plan. That evaluation plan may cover more than one programme. For the AMIF, the ISF and the BMVI, that plan shall include a mid-term evaluation to be completed by 31 March 2024.
Amendment 1362 #
Proposal for a regulation
Article 45 – paragraph 1 – point c – point ii
Article 45 – paragraph 1 – point c – point ii
(ii) operations supported by the ESF+, the EMFF, the ISF, the AMIF and the BMVI the total cost of which exceeds EUR 100 000.
Amendment 1376 #
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 2
Article 48 – paragraph 1 – subparagraph 2
Where the total cost of an operation does not exceed EUR 200 000, the contribution provided to the beneficiary from the ERDF, the ESF+, the AMIF, the ISF and the BMVI shall take the form of unit costs, lump sums or flat rates, except for operations for which the support constitutes State aid. Where flat-rate financing is used, only the categories of costs to which the flat-rate applies may be reimbursed in accordance with point (a) of the first sub-paragraph.
Amendment 1383 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
Amendment 1392 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. For operations supported by the AMIF, the ISF, the BMVI, the ESF+ and the ERDF, salaries and allowances paid to participants shall be considered additional eligible costs not included in the flat rate.
Amendment 1437 #
Proposal for a regulation
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
For the ERDF, the Cohesion Fund, that shall be the case where a new type of intervention referred to in Table 1 of Annex I or, for the AMIF, the ISF and the BMVI, in the Fund-specific Regulations is added in the programme.
Amendment 1439 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 – point c
Article 58 – paragraph 1 – subparagraph 1 – point c
Amendment 1487 #
Proposal for a regulation
Article 63 – paragraph 11 a (new)
Article 63 – paragraph 11 a (new)
11a. The Member State shall provide forecasts of the amount for payment applications to be submitted for the current and subsequent calendar years by 31 January and 31 July, in accordance with Annex VII.
Amendment 1496 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point a
Article 64 – paragraph 4 – subparagraph 1 – point a
(a) the Commission shall give at least 120 working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.
Amendment 1499 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point c
Article 64 – paragraph 4 – subparagraph 1 – point c
(c) the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 32 months after the last day of the audit, to the competent Member State authority.
Amendment 1502 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 1 – point d
Article 64 – paragraph 4 – subparagraph 1 – point d
(d) the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than 32 months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
Amendment 1505 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 2
Article 64 – paragraph 4 – subparagraph 2
The Commission may extend the time limits referred in points (c) and (d) by an additional threewo months.
Amendment 1507 #
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The Member State may identify a certifying authority. The Member State may, at its own initiative, designate a coordinating body whose responsibility shall be to liaise with and provide information to the Commission, to coordinate activities of the other relevant bodies and to promote the harmonised application of the applicable law.
Amendment 1516 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The Member State may entrust the accounting function referred to in Article 70 to the managing authority, to the certifying authority or to another body.
Amendment 1517 #
Proposal for a regulation
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 1519 #
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. The Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the electronic data to be recorded and stored referred to in point (e) of paragraph 1. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 109(2).
Amendment 1524 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
Amendment 1539 #
Proposal for a regulation
Article 67 – paragraph 3 – point i
Article 67 – paragraph 3 – point i
Amendment 1555 #
Proposal for a regulation
Article 67 – paragraph 5 – subparagraph 1 a (new)
Article 67 – paragraph 5 – subparagraph 1 a (new)
Member States shall draw up and adopt rules of procedure for providing such support in accordance with the institutional, legal and financial framework of the Member State concerned.
Amendment 1567 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – point g
Article 68 – paragraph 1 – subparagraph 1 – point g
Amendment 1569 #
Proposal for a regulation
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Management verifications referred to in point (a) of paragraph 1 shallmay be risk-based and proportionate to the risks identified as defined in a risk management strategy.
Amendment 1575 #
Proposal for a regulation
Article 70 – paragraph 1 – point c a (new)
Article 70 – paragraph 1 – point c a (new)
Amendment 1579 #
Proposal for a regulation
Article 70 – paragraph 1 – point c b (new)
Article 70 – paragraph 1 – point c b (new)
(cb) ensuring, for the purposes of drawing up and submitting payment applications, that it has received adequate information from the managing authority on the procedures and verifications carried out in relation to expenditure;
Amendment 1580 #
Proposal for a regulation
Article 70 – paragraph 1 – point c c (new)
Article 70 – paragraph 1 – point c c (new)
(cc) taking into account, when drawing up and submitting payment applications, the results of all audits carried out by, or under the responsibility of, the audit authority.
Amendment 1581 #
Proposal for a regulation
Article 70 – paragraph 1 – point c d (new)
Article 70 – paragraph 1 – point c d (new)
(cd) maintaining, in a computerised form, accounting records of expenditure declared to the Commission and of the corresponding public contribution paid to beneficiaries.
Amendment 1584 #
Proposal for a regulation
Article 71 – paragraph 4 – subparagraph 1
Article 71 – paragraph 4 – subparagraph 1
Where programmes are grouped for the purpose of audits of operations pursuant to Article 73(2), the information required under paragraph (3)(b) mayshall be grouped in a single report.
Amendment 1585 #
Proposal for a regulation
Article 71 – paragraph 4 – subparagraph 2
Article 71 – paragraph 4 – subparagraph 2
Amendment 1594 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 3
Article 73 – paragraph 2 – subparagraph 3
Amendment 1599 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. For programmes for which the Commission concludes that the opinion of the audit authority is reliable and the Member State concerned participates in the enhanced cooperation on the European Public Prosecutor’s Office, the Commission’s own audits shall be limited to auditing the work of the audit authority.
Amendment 1600 #
Proposal for a regulation
Article 74 – paragraph 3 – subparagraph 1
Article 74 – paragraph 3 – subparagraph 1
Operations for which the total eligible expenditure does not exceed EUR 400 000 for the ERDF and the Cohesion Fund, EUR 300 000 for the ESF+, EUR 200 000 for the EMFF, the AMIF, the ISF and the BMVI shall not be subject to more than one audit by either the audit authority or the Commission prior to the submission of the accounts for the accounting year in which the operation is completed.
Amendment 1601 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
Amendment 1602 #
Proposal for a regulation
Article 74 – paragraph 5 – point a
Article 74 – paragraph 5 – point a
(a) there is a specific risk of irregularity or an indication of fraud;
Amendment 1617 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
The Member State may apply the enhanced proportionate arrangements set out in Article 77 at any time during the programming period, where the Commission has confirmed in its published annual activity reports for the last two years preceding the Member State’s decision to apply the provisions of this Article, that the programme’s management and control system is functioning effectively and that the total error rate for each year is below 2 %. When assessing the effective functioning of the programme’s management and control system, the Commission shall take into account the participation of the Member State concerned in the enhanced cooperation on the European Public Prosecutor’s Office.
Amendment 1624 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point a
Article 84 – paragraph 2 – subparagraph 1 – point a
(a) 2021: 01.5 %;
Amendment 1642 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point b
Article 84 – paragraph 2 – subparagraph 1 – point b
(b) 2022: 01.5 %;
Amendment 1668 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point c
Article 84 – paragraph 2 – subparagraph 1 – point c
(c) 2023: 0.52 %;
Amendment 1698 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point d
Article 84 – paragraph 2 – subparagraph 1 – point d
(d) 2024: 0.52 %;
Amendment 1706 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point e
Article 84 – paragraph 2 – subparagraph 1 – point e
(e) 2025: 02.5 %;
Amendment 1727 #
Proposal for a regulation
Article 84 – paragraph 2 – subparagraph 1 – point f
Article 84 – paragraph 2 – subparagraph 1 – point f
(f) 2026: 02.5 %
Amendment 1743 #
Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 1
Article 85 – paragraph 1 – subparagraph 1
The Member State shall submit a maximum of four payment applications per programme, per Fund and per accounting year. Every year the time limit for each payment application shall be 30 April, 31 July, 31 October and 26 Decembepayment application for the accounting year that has ended on 30 June shall be submitted by 31 July of the same calendar year.
Amendment 1746 #
Proposal for a regulation
Article 85 – paragraph 1 – subparagraph 2
Article 85 – paragraph 1 – subparagraph 2
Amendment 1748 #
Proposal for a regulation
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3a. By way of derogation from paragraph 3, in the case of state aid, the payment application may include advances paid to the beneficiary by the body granting the aid under the following cumulative conditions: (a) those advances are subject to a guarantee provided by a bank or other financial institution established in the Member State or covered by a facility provided as a guarantee by a public entity or by the Member State; (b) those advances do not exceed 40% of the total amount of the aid to be granted to a beneficiary for a given operation; (c) those advances are covered by expenditure paid by beneficiaries in implementing the operation and supported by receipted invoices or accounting documents of equivalent probative value at the latest within three years following the year of the payment of the advance or by 31 December 2030, whichever is earlier, failing which the next payment application shall be corrected accordingly.
Amendment 1777 #
Proposal for a regulation
Article 92 – paragraph 7
Article 92 – paragraph 7
7. As part of the assurance package, the Member State shall submit for the last accounting year the final performance report referred to in Article 38 or the last annual implementation report for the EMFF, the AMIF, the ISF and the BMVI.
Amendment 1801 #
Proposal for a regulation
Article 99 – paragraph 2
Article 99 – paragraph 2
Amendment 1810 #
Proposal for a regulation
Article 101 – paragraph 2
Article 101 – paragraph 2
2. The Member State shall have onetwo months to agree to the amount to be decommitted or to submit its observations.
Amendment 1820 #
Proposal for a regulation
Article 103 – paragraph 1 – subparagraph 1
Article 103 – paragraph 1 – subparagraph 1
The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 330 624 388 6372 197 000 000 in 2018 prices.
Amendment 1913 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 1939 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5560 % for the transition regions;
Amendment 1958 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 1970 #
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 3
Article 106 – paragraph 3 – subparagraph 3
The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 7085 %.
Amendment 1992 #
Proposal for a regulation
Article 106 – paragraph 4 – subparagraph 1
Article 106 – paragraph 4 – subparagraph 1
The co-financing rate for Interreg programmes shall be no higher than 7085 %.
Amendment 2010 #
Proposal for a regulation
Annex II – point 5 – paragraph 4
Annex II – point 5 – paragraph 4
Amendment 2012 #
Proposal for a regulation
Annex II – point 6 – paragraph 3
Annex II – point 6 – paragraph 3
*Policy objectives according to Article 4(1), CPR. For ERDF, CF and ESF+ years 2021-2025; for EMFF for 2021- 2027.
Amendment 2014 #
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.3 – introductory part
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.3 – introductory part
2.1.1.3 Indicative breakdown of the programme resources (EU) by type of intervention56 (not applicable to the EMFF) _________________ 56 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.
Amendment 2018 #
Proposal for a regulation
Annex VII – subheading 1
Annex VII – subheading 1
Amendment 2019 #
Proposal for a regulation
Annex XIX – point 1 – point 1.4
Annex XIX – point 1 – point 1.4
1.4 Identification of the programme(s) covered by the report and of its/their managing authority/ies. Where the report covers more than one programme or Fund, the information shall be broken down by programme and by Fund, identifying in each Section the information that is specific for the programme and/or the Fund.
Amendment 2020 #
Proposal for a regulation
Annex XX – point 3 – point 3.2 – paragraph 3 – point a
Annex XX – point 3 – point 3.2 – paragraph 3 – point a
(a) quality and quantity of the administrative and on-the-spot management verifications in respect of public procurement rules, State aid rules, environmental requirements and other applicable law;
Amendment 2021 #
Proposal for a regulation
Annex XX – point 3 – point 3.2 – paragraph 3 – point d
Annex XX – point 3 – point 3.2 – paragraph 3 – point d
(d) functioning and security of electronic systems, and their interoperability with type of access to the electronic data exchange system of the Commission.
Amendment 2099 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 010
Annex I – Table 1 – Policy objective 1 – row 010
010 Digitizing SMEs (including e- 40% 0% Commerce, e-Business and networked business processes, digital innovation hubs, living labs, web entrepreneurs and ICT start-ups, B2B)
Amendment 2100 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 011
Annex I – Table 1 – Policy objective 1 – row 011
011 Government ICT solutions, e-services, 40% 0% applications
Amendment 2101 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 012
Annex I – Table 1 – Policy objective 1 – row 012
012 IT services and applications for digital 40% 0% skills and digital inclusion
Amendment 2102 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 013
Annex I – Table 1 – Policy objective 1 – row 013
013 e-Health services and applications 40% 0% (including e-Care, Internet of Things for physical activity and ambient assisted living)
Amendment 2106 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 023
Annex I – Table 1 – Policy objective 1 – row 023
023 Research and innovation processes, 4 100% 100% technology transfer and cooperation between enterprises focusing on circular economy
Amendment 2111 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 042
Annex I – Table 1 – Policy objective 2 – row 042
042 Household waste management: 40% 100% prevention, minimisation, sorting, recycling measures
Amendment 2114 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 043
Annex I – Table 1 – Policy objective 2 – row 043
043 Household waste management: 40% 100% mechanical biological treatment, thermal treatment
Amendment 2115 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 044
Annex I – Table 1 – Policy objective 2 – row 044
044 Commercial, industrial or hazardous 40% 100% waste management
Amendment 2116 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 045
Annex I – Table 1 – Policy objective 2 – row 045
045 Promoting the use of recycled materials 40% 100% as raw materials
Amendment 2117 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 2 – row 046
Annex I – Table 1 – Policy objective 2 – row 046
046 Rehabilitation of industrial sites and 40% 100% contaminated land
Amendment 2119 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 051
Annex I – Table 1 – Policy objective 3 – row 051
051 ICT: Very High-Capacity broadband 40% 0% network (backbone/backhaul network)
Amendment 2120 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 052
Annex I – Table 1 – Policy objective 3 – row 052
Amendment 2121 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 053
Annex I – Table 1 – Policy objective 3 – row 053
053 ICT: Very High-Capacity broadband 40% 0% network (access/local loop with a performance equivalent to an optical fibre installation up to the distribution point at the serving location for homes and business premises)
Amendment 2122 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 054
Annex I – Table 1 – Policy objective 3 – row 054
054 ICT: Very High-Capacity broadband 40% 0% network (access/local loop with a performance equivalent to an optical fibre installation up to the base station for advanced wireless communication)
Amendment 2123 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 055
Annex I – Table 1 – Policy objective 3 – row 055
055 ICT: Other types of ICT infrastructure 40% 0% (including large-scale computer resources/equipment, data centres, sensors and other wireless equipment)
Amendment 2131 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 067
Annex I – Table 1 – Policy objective 3 – row 067
067 Reconstructed or improved railways - 40% 40% TEN-T core network
Amendment 2132 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 068
Annex I – Table 1 – Policy objective 3 – row 068
068 Reconstructed or improved railways - 40% 40% TEN-T comprehensive network
Amendment 2133 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 3 – row 069
Annex I – Table 1 – Policy objective 3 – row 069
069 Other reconstructed or improved 40% 40% railways
Amendment 2142 #
Proposal for a regulation
Annex I – Table 1 – Policy objective 5 – row 130
Annex I – Table 1 – Policy objective 5 – row 130
130 Protection, development and promotion 40% 100% of natural heritage and eco-tourism
Amendment 2144 #
Proposal for a regulation
Annex II – Point 5 – Table 4 – row 8 – column 1
Annex II – Point 5 – Table 4 – row 8 – column 1
Amendment 2145 #
Proposal for a regulation
Annex II – Point 6 – Table 6 – row 7
Annex II – Point 6 – Table 6 – row 7
Amendment 2146 #
Proposal for a regulation
Annex II – Point 6 – Table 6 – row 8
Annex II – Point 6 – Table 6 – row 8
Amendment 2147 #
Proposal for a regulation
Annex II – Point 6 – Table 6 – row 9
Annex II – Point 6 – Table 6 – row 9