27 Amendments of Jens GEIER related to 2015/0009(COD)
Amendment 16 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The European Court of Auditors has on 12 March 2015 adopted its opinion No 4/2015 (pursuant to Article 287(4) of the Treaty on the Functioning of the European Union (TFEU)) concerning the proposal for a Regulation of the European Parliament and of the Council on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 in which it outlines its remarks to the Commission Proposal and presents suggestions for the improvement of the regulation.
Amendment 34 #
Proposal for a regulation
Recital 26
Recital 26
(26) Alongside the financing operations that will be conducted through the EFSI, a European Investment Advisory Hub ('EIAH') should be created. The EIAH should provide strengthened support for project development and preparation across the Union, by building on the expertise of the Commission, the EIB, national promotional banks and the managing authorities of the European Structural and Investment Funds. This should establish a single point of entry for questions related to technical assistance for investments within the Union. The EIAH should cooperate with the existing advisory entities involving the EIB, the Commission and the Member States, such as the 'European PPP Expertise Centre' (EPEC) and the 'Financial Instruments - Technical Advisory Platform (FI-TAP) for EFSI'. The EIAH should enable Member States and regions across the Union to benefit from free expertise so as to ensure fair access to EFSI financing.
Amendment 119 #
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 17 adjusting the target amountlevel provided for in paragraph 5 by a maximum of 10% to better reflect the potential risk of the EU guarantee being called. In case of an increase of the liquidity cushion where the 50% payments of the guarantee obligations will not be sufficient, the Commission proposes the origin of the additional appropriations while leaving the decision to the budgetary authority.
Amendment 120 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. From 1 January 2019, if as a result of calls on the guarantee, the levelresources of the guarantee fund falls below 50% of the target amount, the Commission shall submit a report on exceptional measures that may be required to replenish it. If the Commission deems this to be necessary, the Commission shall present recommendations on adjusting the level of the guarantee.
Amendment 128 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The EIB, in cooperation with the EIF as appropriate, shall report semi-annually to the European Parliament, the Council and the Commission on EIB financing and investment operations under this Regulation. The reportOne of the two reports shall be completed in due time, so that the Commission can incorporate the relevant information in the annual accounts and shall include an assessment of compliance with the requirements on the use of the EU guarantee and the key performance indicators established pursuant to Article 2(1)(g). The report shall also include statistical, financial and accounting data on each EIB financing and investment operation and on an aggregated basis.
Amendment 136 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The European Court of Auditors has on 12 March 2015 adopted its opinion No 4/2015 (pursuant to Article 287(4) of the Treaty on the Functioning of the European Union (TFEU)) concerning the proposal for a Regulation of the European Parliament and of the Council on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 in which it outlines its remarks to the Commission Proposal and presents suggestions for the improvement of the regulation.
Amendment 143 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the financial statements of the EFSI accompanied by an opinion of an independent external auditor.
Amendment 152 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall, by 30 June1 March of each year, send to the European Parliament, the Council and the Court of Auditors an annual report on the situation of the guarantee fund and the management thereof in the previous calendar year. This report shall also give information on the adequacy of the level of the guarantee and, if necessary, present recommendations on adjusting the level of the guarantee.
Amendment 167 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
On request of the European Parliament or the Council independent external parties shall evaluate the functioning of the EFSI as well as the use of the EU guarantee and the functioning of the guarantee fund, including the use of endowments according to Article 8(9).
Amendment 177 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The EFSI Agreement between the Commission and the EIB, as referred to in Article 2 of this Regulation, shall be published.
Amendment 178 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The EU guarantee and the paymentexternal audit of the activities aund recoveries under ertaken in accordance with that are attributable to the general budget of the Union shall be audited by the Court of Auditorse EFSI Regulation is carried out by the European Court of Auditors in accordance with Article 287 TFEU and is thus subject to the EP Discharge Procedure according to Article 319 TFEU.
Amendment 188 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
OLAF mayshall carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(5 ), Council Regulation (Euratom, EC) No 2185/96(6 ) and Council Regulation (EC, Euratom) No 2988/95 (7 ) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any operations supported by the EU guarantee. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations. __________________ 5 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 6 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 7 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
Amendment 201 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Financing and investment operations signed by the EIB or EIF, during the period from 1 January 2015 to the conclusion of the EFSI Agreement, may be submitted by the EIB or the EIF to the Commission forindependent Investment Committee, which can submit the investment operations to the Commission to propose to coverage them under the EU guarantee.
Amendment 202 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
The Commission shall take the assessment of the independent Investment Committee into account, assess those operations and, where they comply with the substantive requirements set out in Article 5 and in the EFSI Agreement, decide that the EU guarantee coverage extends to them.
Amendment 436 #
Proposal for a regulation
Recital 26
Recital 26
(26) Alongside the financing operations that will be conducted through the EFSI, a European Investment Advisory Hub ('EIAH') should be created. The EIAH should provide strengthened support for project development and preparation across the Union, by building on the expertise of the Commission, the EIB, national promotional banks and the managing authorities of the European Structural and Investment Funds. This should establish a single point of entry for questions related to technical assistance for investments within the Union. The EIAH should cooperate with the existing advisory entities involving the EIB, the Commission and the Member States, such as the 'European PPP Expertise Centre' (EPEC) and the 'Financial Instruments - Technical Advisory Platform (FI-TAP) for EFSI'. The EIAH should enable Member States and regions across the Union to benefit from free expertise so as to ensure fair access to EFSI financing.
Amendment 1163 #
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 17 adjusting the target amountlevel provided for in paragraph 5 by a maximum of 10% to better reflect the potential risk of the EU guarantee being called. In case of an increase of the liquidity cushion where the 50% payments of the guarantee obligations will not be sufficient, the Commission proposes the origin of the additional appropriations while leaving the decision to the budgetary authority.
Amendment 1172 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. From 1 January 2019, if as a result of calls on the guarantee, the levelresources of the guarantee fund falls below 50% of the target amount, the Commission shall submit a report on exceptional measures that may be required to replenish it. If the Commission deems this to be necessary, the Commission shall present recommendations on adjusting the level of the guarantee.
Amendment 1180 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. From the day on, when no more projects, which are guaranteed by the fund, are running and thus, the guarantee fund is no longer needed, any remaining budgetary funds in the guarantee shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 for any lines which may have been used as a source of redeployment to the EFSI Guarantee fund.
Amendment 1219 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The EIB, in cooperation with the EIF as appropriate, shall report semi-annually to the European Parliament, the Council and the Commission on EIB financing and investment operations under this Regulation. The reportOne of the two reports shall be completed in due time, so that the Commission can incorporate the relevant information in the annual accounts and shall include an assessment of compliance with the requirements on the use of the EU guarantee and the key performance indicators established pursuant to Article 2(1)(g). The report shall also include statistical, financial and accounting data on each EIB financing and investment operation and on an aggregated basis.
Amendment 1253 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the financial statements of the EFSI accompanied by an opinion of an independent external auditor.
Amendment 1273 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall, by 30 June1 March of each year, send to the European Parliament, the Council and the Court of Auditors an annual report on the situation of the guarantee fund and the management thereof in the previous calendar year. This report shall also give information on the adequacy of the level of the guarantee and, if necessary, present recommendations on adjusting the level of the guarantee.
Amendment 1313 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
On request of the European Parliament or the Council independent external parties shall evaluate the functioning of the EFSI as well as the use of the EU guarantee and the functioning of the guarantee fund, including the use of endowments according to Article 8(9).
Amendment 1338 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The EFSI Agreement between the Commission and the EIB, as referred to in Article 2 of this Regulation, shall be published.
Amendment 1344 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The EU guarantee and the paymentexternal audit of the activities aund recoveries under ertaken in accordance with that are attributable to the general budget of the Union shall be audited by the Court of Auditorse EFSI Regulation is carried out by the European Court of Auditors in accordance with Article 287 TFEU and is thus subject to the EP Discharge Procedure according to Article 319 TFEU.
Amendment 1360 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
OLAF mayshall carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(5 ), Council Regulation (Euratom, EC) No 2185/96(6 ) and Council Regulation (EC, Euratom) No 2988/95 (7 ) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any operations supported by the EU guarantee. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations. __________________ 5 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 6 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 7 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
Amendment 1465 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Financing and investment operations signed by the EIB or EIF, during the period from 1 January 2015 to the conclusion of the EFSI Agreement, may be submitted by the EIB or the EIF to the Commission forindependent Investment Committee, which can submit the investment operations to the Commission to propose to coverage them under the EU guarantee.
Amendment 1467 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
The Commission shall take the assessment of the independent Investment Committee into account, assess those operations and, where they comply with the substantive requirements set out in Article 5 and in the EFSI Agreement, decide that the EU guarantee coverage extends to them.