31 Amendments of Maurice PONGA related to 2016/0282(COD)
Amendment 16 #
Proposal for a regulation
Recital 203 a (new)
Recital 203 a (new)
(203 a) In order to ensure adequate visibility of the European Union, its policies and values and to make the best use of European expertise while implementing EU external action via indirect implementation, such indirect implementation with Member States organisations should be the preferred option where the principles of economy, efficiency and effectiveness can be clearly demonstrated. Indirect cooperation with other donors should also be considered.
Amendment 20 #
Proposal for a regulation
Article 122 – paragraph 1
Article 122 – paragraph 1
The Commission may rely in full or in part on assessments made by itself or other entities, including donors, insofar as these assessments were made with regard to conditions equivalent to those set out in this Regulation for the applicable method of budget implementation. To this end, the Commission shall promote the recognition of internationally accepted standards or international best practices. In case of indirect implementation by Member State organisations as referred to in Article 151a, the Commission shall rely in full on assessments made by the relevant Member State organisation(s).
Amendment 22 #
Proposal for a regulation
Article 150 – paragraph 1 – subparagraph 5
Article 150 – paragraph 1 – subparagraph 5
The obligations set out in this paragraph shall be without prejudice to agreements concluded with the EIB group, Member State organisations, international organisations and third countries. With regard to the management declaration, such agreements shall include at least the obligation of those entities to provide the Commission annually with a statement that, during the financial year concerned, the Union contribution was used and accounted for in compliance with the requirements set out in paragraphs 3 and 4 of Article 149 and with the obligations laid down in such agreements. Such statement may be incorporated in the final report if the action implemented is limited to 18 months.
Amendment 24 #
Proposal for a regulation
Article 151 a (new)
Article 151 a (new)
Article 151 a Indirect implementation with Member State organisations 1. Member State organisations shall mean entities listed in point (c)(v) to (vii) of Article 61(1) provided that: (1) they are entrusted by Member States with a public service mission in the field of international development and cooperation and are established under private or public law in Member States; (2) their systems and procedures which are adapted to the specific legal and operational contexts of international development and cooperation have been positively assessed in accordance with Article 149(4). 2. Under indirect implementation with Member State organisations, the Commission shall rely on those systems and procedures of the Member State organisations that have been positively assessed in accordance with Article 149(4) or any additional systems and procedures beyond the scope of assessment referred to in Article 149(4) that have been duly established and are applied under the scrutiny of the relevant Member States. In particular but not exclusively such cross- reliance shall apply to systems and procedures referred to in Articles 122 and 123. 3. Financial Framework Partnership Agreements concluded with Member State organisations in accordance with Article 126 shall further specify the extent and modalities of cross-reliance on systems and procedures of Member State organisations.
Amendment 27 #
Proposal for a regulation
Article 189 – paragraph 1 – point d – paragraph 6
Article 189 – paragraph 1 – point d – paragraph 6
The first subparagraph shall not apply to public bodies and the international, international organisations and Member State organisations referred to in Articles 151 and 151a respectively.
Amendment 30 #
Proposal for a regulation
Article 191 – paragraph 5 – point c a (new)
Article 191 – paragraph 5 – point c a (new)
(c a) Member State organisations;
Amendment 33 #
Proposal for a regulation
Article 191 – paragraph 6
Article 191 – paragraph 6
6. The authorising officer responsible may, depending on a risk assessment, waive the obligation to verify the operational capacity of public bodies, Member State organisations or international organisations.
Amendment 56 #
Proposal for a regulation
Recital 172
Recital 172
(172) With a view to responding to the challenges posed by increasing flows of migrants and refugees, the objectives to which the ERDF may contribute in its support of migrant, on the request of the administering authorities, in its support of migrants with regular status, asylum-seekers and refugees should be spelled out.
Amendment 109 #
Proposal for a regulation
Article 264 – paragraph 1 – point b
Article 264 – paragraph 1 – point b
Regulation (EU) No 1301/2013
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
“investment in the development of endogenous potential through fixed investment in equipment and infrastructure, including cultural and sustainable tourism infrastructure with no major restrictions, services to enterprises, support to research and innovation bodies and investment in technology and applied research in enterprises;”
Amendment 112 #
Proposal for a regulation
Article 264 – paragraph 1 – point 2
Article 264 – paragraph 1 – point 2
Regulation (EU) No 1301/2013
Article 5 – paragraph 9 – point e
Article 5 – paragraph 9 – point e
(e) “(e) supporting the reception and social and economic integration of migrants with regular status, asylum seekers and refugees”
Amendment 114 #
Proposal for a regulation
Article 264 – paragraph 1 – point 3
Article 264 – paragraph 1 – point 3
Regulation (EU) No 1301/2013
Annex I – table on Social infrastructure
Annex I – table on Social infrastructure
3. In the table of Annex I, the text starting with “Social infrastructure” until the end of the table is replaced by the following: “Social infrastructure Childcare & education persons Capacity of supported childcare or educational infrastructure Health persons Population covered by improved health services Housing housing units Rehabilitated housing housing units Rehabilitated housing, of which for migrants with regular status, asylum seekers and refugees (not including reception centres) Mmigrants with regular status, asylum seekers and refugees persons Capacity of infrastructure supporting migrants with regular status, asylum seekers and refugees (other than housing)
Amendment 115 #
Proposal for a regulation
Article 265 – paragraph 1 – point 1 – point a a (new)
Article 265 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 1301/2013
Article 2 – point 11 a (new)
Article 2 – point 11 a (new)
(aa) The following point 11a is inserted: (11a) ‘repayable advance’ means a loan for a project which is paid in one or more instalments and the conditions for the reimbursement of which depend on the outcome of the project;
Amendment 130 #
Proposal for a regulation
Article 265 – paragraph 1 – point 8 – point f
Article 265 – paragraph 1 – point 8 – point f
Regulation (EU) No 1303/2013
Article 34 – paragraph 3 – point f
Article 34 – paragraph 3 – point f
(f) selecting operations and fixing the amount of support and, where relevant, presenting the proposals to the body responsible for final verification of eligibility before approval;
Amendment 137 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point a
Article 265 – paragraph 1 – point 11 – point a
Regulation (EU) No 1303/2013
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
‘(c) financial instruments allowing for the combination of such contribution with EIB financial products and those of other financial institutions such as those referred to in Article 38(4)(b) under the European Fund for Strategic Investment.’
Amendment 139 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i
Article 265 – paragraph 1 – point 11 – point b – point i
Regulation (EU) No 1303/2013
Article 38 – paragraph 4 – point b – point iii – indent 1
Article 38 – paragraph 4 – point b – point iii – indent 1
– there is no direct private capital participation, with the exception of non- controlling and non-blocking forms of private capital participation required by national legislative provisions, in conformity with the Treaties, which do not exert a decisive influence on the relevant bank or institution;
Amendment 142 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i
Article 265 – paragraph 1 – point 11 – point b – point i
Regulation (EU) No 1303/2013
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 2
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 2
– operates under a public policy mandate given by the relevant authority of a Member State at national or regional level, to carry out as part of its operations, economic development activities contributing to the objectives of the ESI Funds, for which implementing tasks have been assigned;
Amendment 146 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i
Article 265 – paragraph 1 – point 11 – point b – point i
Regulation (EU) No 1303/2013
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 3
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 3
– carries out its, among its operations, development activities in regions, policy areas and sectors for which access to funding from market sources is not generally available or sufficient;
Amendment 149 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i
Article 265 – paragraph 1 – point 11 – point b – point i
Regulation (EU) No 1303/2013
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 4
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 4
– operates on a non-profit maximisation basiis not primarily seeking to maximise profits in order to ensure a long- term financial sustainability for its operations;
Amendment 151 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i
Article 265 – paragraph 1 – point 11 – point b – point i
Regulation (EU) No 1303/2013
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 5
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 5
– idoes not a direct recipientoffer retail services to members of the public in general ofr deposits from the publicoes so within the framework of a Service of General Economic Interest (SGEI); and
Amendment 152 #
Proposal for a regulation
Article 265 – paragraph 1 – point 11 – point b – point i
Article 265 – paragraph 1 – point 11 – point b – point i
Regulation (EU) No 1303/2013
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 6
Article 38 – paragraph 4 – subparagraph 1 – point b – point iii – indent 6
– is subject to the supervision of an independent authority or national audit court in accordance with national law.
Amendment 190 #
Proposal for a regulation
Article 265 – paragraph 1 – point 14 – point -a (new)
Article 265 – paragraph 1 – point 14 – point -a (new)
Regulation (EU) No 1303/2013
Article 40 – paragraph 4 a (new)
Article 40 – paragraph 4 a (new)
aa) the following paragraph 4a is inserted: ‘4a. Given the financial instruments are repayable, their management procedures must be flexible and proportionate. Proof that the financial instruments are used for the purposes envisaged shall be limited to advance verification by the financial intermediary of the eligibility of the beneficiary and his project in line with the conditions relating to the financial instrument in question. No other invoice or receipt shall be requested from the beneficiary once the financing has been approved, except in the case of suspected of fraud. The control procedures as laid down in the Regulation shall ensure an appropriate level of ex post control.’
Amendment 207 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
1. Support from the ESI Funds to financial instruments invested in final recipients and gains and other earnings or yields, such as interest, guarantee fees, dividends, capital gains or any other income generated by those investments, which are attributable to the support from the ESI Funds, may be used for differentiated treatment of private investors, banks or public financial institutions as well as the EIB when using the EU guarantee pursuant to Regulation (EU) 2015/1017. Such differentiated treatment shall be justified by the need to attract private counterpart resources and leverage public funding.
Amendment 211 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 2
Article 43a – paragraph 2
Amendment 216 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 3
Article 43a – paragraph 3
3. The differentiated treatment shall not exceed what is necessary to create the incentives for attracting private and public counterpart resources. It shall not over- compensate private and public investors and the EIB when using the EU guarantee according to Regulation (EU) 2015/1017. The alignment of interest shall be ensured through an appropriate sharing of risk and profit.
Amendment 219 #
Proposal for a regulation
Article 265 – paragraph 1 – point 17
Article 265 – paragraph 1 – point 17
Regulation (EU) No 1303/2013
Article 43a – paragraph 4
Article 43a – paragraph 4
4. Differentiated treatment of private and public investors shall be without prejudice to the Union State aid rules.
Amendment 238 #
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point a – point ii a (new)
Article 265 – paragraph 1 – point 26 – point a – point ii a (new)
Regulation (EU) No 1303/2013
Article 67 – paragraph 1 – subparagraph 2 a (new)
Article 67 – paragraph 1 – subparagraph 2 a (new)
iia) at the end of paragraph 1 the following subparagraph is added: ‘In line with the recommendations set out in recital 10 of Regulation No 1296/2013 and Article 176 of the Commission proposal, Member States shall make more frequent use of simplified cost options and of ‘single lump sum’ financing in order to make the associated administration less burdensome and to simplify the rules governing the allocation of funds.’
Amendment 240 #
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point b
Article 265 – paragraph 1 – point 26 – point b
Regulation (EU) No 1303/2013
Article 67 – paragaraph 2a
Article 67 – paragaraph 2a
2a. “2a. For an operation or projects not falling under the first sentence of paragraph 4 and which receive support from the ERDF and the ESF, grants and repayable assistance for which the public support does not exceed EUR 1050 000 shall take the form of standard scales of unit costs, lump sums or flat rates, except for operations receiving support within the framework of a State aid scheme that does not constitute de minimis aid.”
Amendment 242 #
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point c – point i
Article 265 – paragraph 1 – point 26 – point c – point i
Regulation (EU) No 1303/2013
Article 67 – paragraph 5 – point a – point iv
Article 67 – paragraph 5 – point a – point iv
(iv) draft budgets established on a case by case basis and agreed ex ante by the managing authority, where the public support does not exceed EUR 1050 000;
Amendment 243 #
Proposal for a regulation
Article 265 – paragraph 1 – point 26 – point -a (new)
Article 265 – paragraph 1 – point 26 – point -a (new)
Regulation (EU) No 1303/2013
Article 67 – paragraph 6 a (new)
Article 67 – paragraph 6 a (new)
(ca) the following paragraph is inserted: ‘6a. Member States and their local authorities may apply tot the European Parliament and the European Council for a derogation in relation to the ceilings for public support and to de minimis aid. Such an application must be justified by exceptionally serious economic circumstances. The derogation procedure shall be similar to that used for providing a financial contribution from the EGF. The Council shall act by a qualified majority and the European Parliament shall act by a majority of its component members and three fifths of the votes cast.
Amendment 260 #
Proposal for a regulation
Article 265 – paragraph 1 – point 47 a (new)
Article 265 – paragraph 1 – point 47 a (new)
Regulation (EU) No 1303/2013
Article 120 – paragraph 5
Article 120 – paragraph 5
47a. In Article 120, paragraph 5 is replaced by the following: “5. The maximum co-financing rate under paragraph 3 at the level of a priority axis shall be increased by ten percentage points, where the whole of a priority axis is delivered through financial instruments, or through community-led local development. may be 100% where it is earmarked for technical assistance.” Or. fr (http://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32013R1303&from=EN)
Amendment 262 #
Proposal for a regulation
Article 265 – paragraph 1 – point 59 a (new)
Article 265 – paragraph 1 – point 59 a (new)
Regulation (EU) No 1303/2013
Article 148 – paragraph 1
Article 148 – paragraph 1
59a. In Article 148, paragraph 1 is replaced by the following: “1. Operations for which the total eligible expenditure does not exceed EUR 2400 000 for the ERDF and the Cohesion Fund, EUR 15300 000 for the ESF or EUR 1200 000 for the EMFF 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. Other operations shall not be subject to more than one audit per accounting year 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. Operations shall not be subject to an audit by the Commission or the audit authority in any year if there has already been an audit in that year by the European Court of Auditors, provided that the results of the audit work performed by the European Court of Auditors for such operations can be used by the audit authority or the Commission for the purpose of fulfilling their respective tasks. Or. fr (http://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32013R1303&from=EN)