2023/0200(COD) | [ParlTrack]

Proposal for a regulation
Recital 17

(17) The Facility should contribute to closing the funding gap of Ukraine until 2027, by providing grants and highly concessional financial relief in a predictable, continuous, orderly and timely manner, based on the reconstruction plans of Ukraine. The assistance should support macro-financial stability in Ukraine, and ease Ukraine’s external financing constraints, by boosting Ukraine’s competitiveness and unlocking its great innovative potential in a social and sustainable manner. In the interest of ensuring Ukraine’s debt sustainability, preference should be given to grants.

Amendment 101 #

Proposal for a regulation
Recital 18

(18) Under the new Facility, investment in Ukraine’s sustainable recovery, reconstruction and modernisation should start as a matter of urgency to provide decent living conditions for the Ukrainian population and reconstruct critical infrastructure, to ensure generation of employment and revenues and progressively lower the volume of international assistance needed, while also ensuring the mitigation of pressing environmental damage and supporting Ukraine in the dual green and digital transition.

Amendment 102 #

Proposal for a regulation
Recital 19

(19) The Facility should tie the recovery, reconstruction and modernisation closely to the Union perspective, by linking financial support to the fulfilment of reforms and investments in view of accession without unduly restricting access to essential financial aid in times of war.

Amendment 103 #

Proposal for a regulation
Recital 19

(19) The Facility should tie the recovery, reconstruction and modernisation closely to the Union ~~perspective~~accession requirements and process, by linking financial support to the fulfilment of reforms and investments in view of accession.

Amendment 104 #

Proposal for a regulation
Recital 20

(20) The medium-term perspective provided by the Ukraine Plan through a single instrument should also ~~encourage~~mean building back better, while encouraging and leading Ukraine to channel investments and reforms towards the transition to a green, sustainable. digital and inclusive economy, and help mobilise like-minded donors for multiannual contributions to support Ukraine. To this end, in particular environmental civil society organisations on the ground will be proactively consulted. Investments should be fully aligned with the EU climate and environmental acquis, especially the Do-No-Significant-Harm- Principle and the Taxonomy Regulation, and should contribute to the implementation of the Ukrainian National Climate and Energy Plan.

Amendment 105 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 20

(20) The medium-term perspective provided by the Ukraine Plan through a single instrument should also encourage Ukraine to channel investments and reforms toward the transition to a green, digital and inclusive economy, and help mobilise like-minded donors for multiannual contributions to support Ukraine, as well as to mobilise private investments.

Amendment 106 #

Proposal for a regulation
Recital 21

(21) The recovery, reconstruction and modernisation effort should build on ~~Ukraine’s ownership,~~a shared Union's and Ukraine’s ownership, joint public and private finance management enterprise, as well as a close cooperation and coordination with supporting countries and organisations, and Ukraine’s path towards accession to the Union. Regional and local administrations are also expected to play an important role. PA joint management of programmes, acts, action plans or measures and peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and those in Ukraine should enrich and accelerate the recovery, reconstruction and modernisation process.

Amendment 107 #

Proposal for a regulation
Recital 21

(21) The recovery, reconstruction and modernisation effort should build on Ukraine’s ownership, close cooperation and coordination with supporting countries and organisations, and Ukraine’s path towards accession to the Union. Regional and local administrations a~~re also expected to play an important role~~s well as Ukrainian civil society organisations and experts are also expected to play an important role in this process by fully participating in its design and scrutiny. Peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and those in Ukraine should enrich and accelerate the recovery, reconstruction and modernisation process.

Amendment 108 #

Proposal for a regulation
Recital 21

(21) The recovery, reconstruction and modernisation effort should build on Ukraine’s ownership, close cooperation and coordination with supporting countries and organisations, and Ukraine’s path towards accession to the Union. Regional and local administrations are also expected to play an important role. Peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and those in Ukraine ~~should~~ have already facilitated the delivery of humanitarian aid to Ukraine and thus provide a basis to enrich and accelerate the recovery, reconstruction and modernisation process.

Amendment 109 #

Proposal for a regulation
Recital 22

(22) The Union should also foster close consultation and association of local authorities, which embrace a large variety of sub-national levels and branches of government, including regions, municipalities, rayons and hromadas and their associations, as well as their participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local level. Funding should place a special emphasis towards locally based small and medium enterprises and operating in good standing within regions across Ukraine to ensure that sustainable development is directly interlinked with local businesses and entrepreneurs; the introduction of private equity firms that invest in SMEs to assist their growth and incubation should be considered as ideal partners for targeted regional investment. The Union should recognise the multiple roles played by the local authorities as promoters of a territorial approach to local development, including decentralisation processes, participation and accountability, and further enhance its support for local authorities’ capacity building.

Amendment 110 #

Proposal for a regulation
Recital 22

(22) The Union should also ~~foster~~ensure the involvement in policy shaping, close consultation and association of local and regional authorities, which embrace a large variety of sub-national levels and branches of government, including regions, municipalities, rayons and hromadas and their associations, as well as ~~their~~close consultation and participation of Ukrainian civil society organisations and experts and ensure their meaningful participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local and regional level. The Union should recognise and support the multiple roles played by the local authorities and civil society actors as promoters of a territorial and inclusive approach to local development, including decentralisation processes, participation and accountability, and further enhance its support for local a~~uthorities’ capacity building~~nd regional authorities’ and civil society organisations’ capacity building by including them actively in the governance of the Facility’s funds.

Amendment 111 #

(22) The Union should also foster close consultation and association of local authorities, which embrace a large variety of sub-national levels and branches of government, including regions, municipalities, rayons and hromadas and their associations, as well as their participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local level. The Union should recognise the multiple roles played by the local authorities as promoters of a territorial approach to local development, including decentralisation processes, participation and accountability, and further enhance its support for local authorities’ capacity building, as well as provision of expertise necessary for the implementation of projects under this Facility.

Amendment 112 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 22

(22) The Union should also ~~foster close consultation and association of loc~~ensure the involvement in policy shaping of local and regional authorities, which embrace a large variety of sub-national levels and branches of government, including regions, municipalities, rayons and hromadas and their associations, as well as their participation in the recovery, reconstruction and modernisation of Ukraine, based on sustainable development and through the implementation of the Sustainable Development Goals at local and regional level. The Union should recognise and support the multiple roles played by the local and regional authorities as promoters of a territorial approach to local and regional development, including decentralisation processes, participation and accountability, and further enhance its support for local and regional authorities’ capacity building.

Amendment 113 #

Proposal for a regulation
Recital 24

(24) Support under the Facility should also build on and maximise synergies with G7 Multi-agency Donor Coordination Platform for Ukraine, key organisations supporting Ukraine’s reforms and reconstruction, such as the European Investment Bank, the European Bank for Reconstruction and Development, the World Bank, the Organisation for Economic Co-operation and Development, and the International Monetary Fund.

Amendment 114 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 24 a (new)

(24a) Given the importance of Ukraine for the future of the European Union, the European Parliament should open a Liaison Office in Kyiv to directly follow the course of Russia’s war of aggression, the institutional evolution of Ukraine, the country’s financial and military needs and to inform MEPs and political Groups as well as European public opinion on major developments and the ways that the European Union could respond.

Amendment 115 #

Georgios KYRTSOS

Proposal for a regulation
Recital 24 b (new)

(24b) The emphasis on loans, as far as the financial assistance to Ukraine is concerned, should not undermine the long term sustainability of Ukraine’s public debt. A reappraisal of the dynamics of the Ukrainian public debt and the need to reduce it as a percentage of Ukraine’s GDP should take place in 2026, ahead of the next Multiannual Financial Framework and the necessary financing arrangements.

Amendment 116 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 25

(25) Given the uncertainties linked to the war, it is appropriate that the Facility should be able to provide support to Ukraine in duly justified exceptional circumstances, in particular in the event of a significant deterioration of the war, and in order to maintain its macro-financial stability and to ensure the achievement of the objectives of the Facility. Such exceptional financing should only be provided, through a ~~Council implementing decision upon a proposal by the Commission~~delegated act, if it is concluded that it is impossible for Ukraine to fulfil the conditions attached to the forms of support under this Regulation, when it is the beneficiary of the support, and should cease as soon as the fulfilment of the conditions becomes possible again. Such financing should not affect funding from other specific Union instruments which should be mobilised in case of natural disasters or other humanitarian or civil protection emergencies.

Amendment 117 #

Proposal for a regulation
Recital 26

(26) The enlargement policy framework, including the assistance under the Instrument for Pre-accession Assistance (IPA) which constitutes the overall policy framework to prepare beneficiaries for future membership of the Union and to support their accession process, defined by the European Council and the Council, the association agreement, partnership and cooperation agreement, multilateral agreements to which the Union is a party and other agreements that establish a legally-binding relationship with Ukraine, as well as resolutions of the European Parliament, communications of the Commission and joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy should constitute the overall policy framework for the implementation of this Regulation. The Commission should ensure coherence between the assistance under the Facility and the enlargement policy framework.

Amendment 118 #

Proposal for a regulation
Recital 27

(27) Article 49 of the Treaty on European Union provides that any European State which respects the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and is committed to promoting those values may apply to become a member of the Union. Those values are common to Member States in a society in which inclusiveness, pluralism, non- discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Amendment 119 #

Proposal for a regulation
Recital 28

(28) A European State which has applied to join the Union can become a member of the Union only where it has been confirmed that it fully meets the accession criteria established at the Copenhagen European Council in June 1993 (the ‘Copenhagen criteria’) ~~and provided that the Union has the capacity to integrate the new member~~. The Copenhagen criteria relate to the stability of institutions which guarantee democracy, the rule of law, human rights and respect for and protection of minorities, the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union, and the ability to assume not only the rights but also the obligations under the Treaties, including the pursuit of the aims of political, economic and monetary union.

Amendment 120 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 28 a (new)

(28a) Ukraine has successfully addressed the reform of two key judicial governance bodies, the High Council of Justice and High Qualification Commission of Judges. Regarding the Constitutional Court Reform, the EU has certified 'good progress'. It is of utmost importance that the internationally nominated members will have a decisive role as proposed by the government and in line with the Venice Commission recommendations. Regarding 'anti- corruption' and 'de-oligarchisation', Ukraine has made 'some progress', having appointed new heads of the Specialised Anti-Corruption Prosecutor Office and the National Anti-Corruption Bureau of Ukraine as well as having presented an action plan to reduce the influence of oligarchs.

Amendment 121 #

Proposal for a regulation
Recital 29

(29) It is in the common interest of the Union and Ukraine to advance the efforts of Ukraine to reform its political, legal and economic systems with a view to Union membership. Considering Ukraine as a future member of the Union and a candidate to accession is a strategic investment of the Union in peace, security, stability and prosperity in Europe and allows the Union to be better positioned to address global challenges. It also provides increased economic and trade opportunities to the mutual benefit of the Union and Ukraine as an aspiring Member State, while ~~support~~ensuring a gradual transformation of ~~the~~Ukraine as a beneficiary country. The prospect of Union membership has a powerful transformative effect, embedding positive democratic, political, economic and societal change.

Amendment 122 #

Proposal for a regulation
Recital 29

(29) It is in the common interest of the Union and Ukraine to advance the efforts of Ukraine to reform its political, legal and economic systems with a view to Union membership. ~~Considering Ukraine as candidate to accession~~Granting EU candidate status to Ukraine is a strategic investment of the Union in peace, security, stability and prosperity in Europe and allows the Union to be better positioned to address global challenges. It also provides increased economic and trade opportunities to the mutual benefit of the Union and Ukraine, while supporting a gradual transformation of the country. The prospect of Union membership has a powerful transformative effect, embedding positive democratic, political, economic and societal change.

Amendment 123 #

Traian BĂSESCU

Proposal for a regulation
Recital 29 a (new)

(29a) Ukraine needs to make a clear commitment to becoming a European democracy and to protection and respect for the rights of minorities, including the right to maintain one's customs and culture of origin and to be educated in one's mother tongue at all levels of studies.

Amendment 124 #

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction ~~in a way that modernises and improves Ukraine’s economy and society, building~~as well as nature and environmental reconstruction and restoration in a way that modernises and improves Ukraine’s economy and benefits the whole society, in particular through building back better with the highest energy efficiency standards with emphasis on decentralised renewable energy networks and by prioritizing the use of materials ethically sourced locally or in the EU. The Facility should build on Union rules and standards, byand invest~~ing~~ in the transition of Ukraine towards a green, sustainable, digital and inclusive economy as well as ind in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way.

Amendment 125 #

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way. Such reconstruction should aim to be gender- balanced and aim to include to the maximum extent possible the needs of vulnerable groups, such as war veterans and persons with disabilities.

Amendment 126 #

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way. It should also take into account the need to create habitable spaces resistant to the likely future aggressive actions of Russia using the best modern practices of urban planning.

Amendment 127 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way. The Facility should prioritise the reconstruction and improvement of critical infrastructure and promote cross- border connections with the Union.

Amendment 128 #

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of fostering economic integration with the Union and promoting socioeconomic development, assistance for cross-border cooperation, integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way.

Amendment 129 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should ~~promote reconstruction in a way that modernises and improves~~be consistent with the 'build back better' principle enshrined in Ukraine’'s ~~economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and~~ national recovery plan adopted by the National Recovery Council in June 2022 with the aim of promoting the recovery, reconstruction and modernisation of itUkraine's critical infrastructure, productive capacity and human capital in a resilient way, investing in a green and digital economy and transforming Ukraine into a modern European welfare state and market economy, building on Union rules and standards.

Amendment 130 #

Proposal for a regulation
Recital 31

(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and in the recovery, reconstruction ~~and~~, modernisation and protection of its critical infrastructure, productive capacity and human capital in a resilient way, taking into account the growing cybersecurity risks and an overall complex threat landscape.

Amendment 131 #

Proposal for a regulation
Recital 31 a (new)

(31a) The Facility should also include provisions that would allow using frozen and confiscated Russian funds and assets as additional sources of financing, should an appropriate legal framework of doing so be established;

Amendment 132 #

Proposal for a regulation
Recital 32

(32) The Facility should contribute to the adherence to the Paris Agreement and the United Nations Framework Convention on Climate Change, the United Nations Convention on Biological Diversity and the United Nations Convention to Combat Desertification and should not contribute to environmental degradation or cause harm to the environment or climate. In particular, funding allocated in the context of the Facility should be coherent with the long-term goal of holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1,5°C. It should also be coherent with the objective to increase the ability to adapt to the adverse effects of climate change and foster climate resilience, and with the support of biodiversity conservation, circular economy and zero-pollution. Particular attention should be given to actions that create co-benefits and meet multiple objectives, including for climate, biodiversity and the environment. To that end, the measures supported by the Ukraine Plan under the Ukraine Facility should contribute to climate change mitigation and adaptation, environmental protection, to the green transition, including biodiversity, or to addressing the challenges resulting therefrom, and should account for an amount that represents at least 20% of the Ukraine Plan’s total allocation based on the methodology for climate tracking set out in an annex to this Regulation.

Amendment 133 #

Andrzej HALICKI, Ewa KOPACZ, Andrius KUBILIUS, Radosław SIKORSKI

Proposal for a regulation
Recital 32

(32) The Facility should contribute to alleviating and repairing enormous environmental damage caused by Russian aggressors, including the floods caused by blowing up the Kakhovka hydroelectric dam and bombing and mining of a large territory of Ukraine. It should also contribute to the adherence to the Paris Agreement and the United Nations Framework Convention on Climate Change, the United Nations Convention on Biological Diversity and the United Nations Convention to Combat Desertification and should not contribute to environmental degradation or cause harm to the environment or climate. In particular, funding allocated in the context of the Facility should be coherent with the long-term goal of holding the increase in the global average temperature to well below 2°C above pre- industrial levels and pursuing efforts to limit the temperature increase to 1,5°C. It should also be coherent with the objective to increase the ability to adapt to the adverse effects of climate change and foster climate resilience, and with the support of biodiversity conservation, circular economy and zero-pollution. Particular attention should be given to actions that create co-benefits and meet multiple objectives, including for climate, biodiversity and the environment.

Amendment 134 #

Proposal for a regulation
Recital 32 a (new)

(32a) In view of the high rate of children placed under institutional care in the country, as well as the inevitable increase of children without parental care and at risk of family separation as a result of Russia’s war of aggression, the Facility should support implementation of the care reform strategy in Ukraine.

Amendment 135 #

Proposal for a regulation
Recital 33

(33) In this context, measures funded under the Facility should be ~~guided by the principles of ‘do no harm’ and ‘leaving no one behind’.~~ fully compliant with the ‘do no significant harm’ principle and be guided by the ‘leaving no one behind’ principle. The Facility and Ukraine Plan should be subject to strategic environmental impact assessment procedures in order to identify and properly mitigate potential negative environmental and social impacts. The right for public access to information for civil society organisations and individuals including the right to access environmental information should be ensured as well as the full compliance with the Aarhus Convention.

Amendment 136 #

Proposal for a regulation
Recital 34

(34) The implementation of this Regulation should be guided by the principles of equality, inclusivity, and non- discrimination, as elaborated in the Union of Equality strategies. It should ~~promot~~ensure women’s meaningful participation in decision making processes, promote and advance gender equality and mainstreaming, the empowerment of women and girls, and ~~seek to~~ protect and promote ~~women’s and girls’~~their rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The Facility should support the recovery of Ukraine’s immensely traumatised society through well-funded, proactive and targeted mental health and trauma care as a necessity for a healthy post-war society, with a particular focus on children. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure relevant stakeholder involvement in decision making processes as well as accessibility in its investments and technical assistance.

Amendment 137 #

Proposal for a regulation
Recital 34

(34) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance. The measures financed under this Facility should involve war veterans, persons with disabilities and organisations which represent vulnerable groups.

Amendment 138 #

Viola VON CRAMON-TAUBADEL

Proposal for a regulation
Recital 34

(34) The implementation of this Regulation should be guided by the principles of equality and non- discrimination, as elaborated in the Union of Equality strategies. It should promote gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions. The implementation of the Facility should be in line with the United Nations Convention on the Rights of Persons with Disabilities and ensure accessibility in its investments and technical assistance. It should also support and promote the implementation of a child care system reform strategy in Ukraine.

Amendment 139 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Recital 34 a (new)

(34a) The Facility and the reconstruction of Ukraine will not be used by investment funds to benefit their asset portfolios and balance sheets by appropriating Ukraine's public goods, public assets, lands, key industries and infrastructure and facilitating the wide scale privatisation and financialisation of Ukrainian social enterprises by international capital.

Amendment 140 #

Proposal for a regulation
Recital 35

(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption~~, money laundering and organised crime, as well as transparency, good governance at all level~~ as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime, as well as strengthening transparency particularly through reinstating the electronic declarations for Ukrainian officials and making them public immediately and retrospectively, including public access to information, good governance at all levels, and participation of civil society organisations and experts, safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible.

Amendment 141 #

Bogdan RZOŃCA, Witold Jan WASZCZYKOWSKI

Proposal for a regulation
Recital 35

(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption~~, money laundering~~ as well as any kind of nepotism or favouritism, money laundering, tax avoidance, tax evasion, tax fraud and organised crime, as well as strengthening transparency, ~~good governance at all levels,~~ including public access to information,good governance at all levels, and participation of civil society organisations and experts,safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible.

Amendment 142 #

Proposal for a regulation
Recital 35

(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption, money laundering and organised crime, as well as transparency, good governance at all levels, through guaranteeing the legal personality of municipalities and maintaining support for NATO standardisation and integration to ensure that stabilisation efforts are long-lasting and thus generate encouraging conditions for investment while safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible.

Amendment 143 #

Proposal for a regulation
Recital 35

(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption (and notably grand corruption, understood as the abuse of high-level power that benefits the few, and causes serious and widespread harm to individuals and society1a), money laundering and organised crime, as well as transparency, good governance at all levels, safeguarding the free and pluralistic media and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible. _________________ 1a ECA special report 23/2021: "Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results"

Amendment 144 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 35

(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption, money laundering and organised crime, as well as transparency, good governance at all levels, safeguarding the free and pluralistic media, ensuring safe and enabling operating space for human rights defenders and civil society organisations, and fighting disinformation, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer- term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible.

Amendment 145 #

Proposal for a regulation
Recital 35

(35) Strengthening the rule of law, including the independence of the judiciary, the fight against corruption, money laundering and organised crime, as well as transparency, good governance at all levels, safeguarding the free and pluralistic media and fighting disinformation, foreign information manipulation and interference, strengthening public administration reform, including in the fields of public procurement, competition and State aid, remain key challenges and are essential for Ukraine to come closer to the Union and to prepare to fully assume the obligations of Union membership. In view of the longer- term nature of the reforms pursued in those areas and the need to build up track records, support under the Ukraine Facility should address those issues as early as possible.

Amendment 146 #

Proposal for a regulation
Recital 36

(36) In accordance with the principles of participatory democracy and checks and balances, the Union should encourage the strengthening of parliamentary capacities, parliamentary oversight, democratic procedures and fair representation in Ukraine. as well as meaningful participation of regions and municipalities, as well as of civil society at all stages of the democratic process allowing for enhanced democratic scrutiny. The Ukraine Plan should demonstrate how meaningful participation of stakeholders was planned and conducted in a way that it had significant influence on the outcome of the process via consultations, with sufficient timeframes and transparency, and clear follow-up procedures to input given.

Amendment 147 #

Proposal for a regulation
Recital 36

(36) In accordance with the principle of participatory democracy, the Union should encourage the strengthening of parliamentary capacities, parliamentary oversight, democratic procedures and fair representation in Ukraine. The Verkhovna Rada of Ukraine is expected to be informed and consulted at all the stages of the Facility life-cycle.

Amendment 148 #

Proposal for a regulation
Recital 38

(38) Actions under the Ukraine Facility should also support, where appropriate, confidence-building measures and processes that promote justice, truth- seeking, reparations and guarantees of non- recurrence as well as collection of evidence of crimes committed during the war. for the purpose of creating an international tribunal to consider crime of war on aggression and crimes committed by Russia during the full-scale war in Ukraine.

Amendment 149 #

Proposal for a regulation
Recital 38

(38) Actions under the Ukraine Facility should also support, where appropriate, confidence-building measures and processes that promote justice, truth- seeking, reparations and guarantees of non- recurrence as well as collection of evidence of crimes committed during the war. The Ukraine Facility should also respond to the healthcare needs, including the mental health needs, of Ukraine’s immensely traumatised society.

Amendment 150 #

Proposal for a regulation
Recital 38

(38) Actions under the Ukraine Facility should also support, where appropriate, confidence-building measures and processes that promote justice, truth- seeking, reparations and guarantees of non- recurrence as well as collection of evidence of crimes committed during the war and support for victims of war to help them recover from trauma.

Amendment 151 #

Proposal for a regulation
Recital 38

(38) Actions under the Ukraine Facility should also support, where appropriate, confidence-building measures and processes that promote justice, truth- seeking, ~~reparations~~payment by the aggressor for the damages caused and guarantees of non- recurrence as well as collection of evidence of crimes committed during the war.

Amendment 152 #

Proposal for a regulation
Recital 39

(39) The support under the Facility should be made available under the precondition that Ukraine continues to respect parliamentary democracy, effective democratic mechanisms and institutions, including appropriate checks and balances, a multi-party parliamentary system, ~~and the rule of law~~good governance at all levels, free and fair elections as appropriate in line with Ukraine’s constitution, and the rule of law with an independent judiciary and public prosecutor, and to guarantee respect for human rights, including the rights of persons belonging to minorities.

Amendment 153 #

Traian BĂSESCU

Proposal for a regulation
Recital 39

(39) The support under the Facility should be made available under the precondition that Ukraine continues to respect effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities, including the right of minorities to be taught in their mother tongue throughout their schooling and education.

Amendment 154 #

Proposal for a regulation
Recital 39

(39) The support under the Facility should be made available under the precondition that Ukraine continues to respect effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities and to work towards increased women's participation in decision- making.

Amendment 155 #

Proposal for a regulation
Recital 39

(39) The support under the Facility should be made available under the precondition that Ukraine continues to respect effective democratic mechanisms and institutions, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities., as well as continued advances in fighting corruption;

Amendment 156 #

Proposal for a regulation
Recital 40

(40) The support under the Ukraine Facility, including to Ukraine’s path toward accession, should be provided to meet general and specific objectives, milestones and targets, based on established criteria and timeframes and with clear conditionalities.

Amendment 157 #

Proposal for a regulation
Recital 41

(41) The general objectives of the Ukraine Facility should be to assist Ukraine in addressing the social, economic and environmental consequences of the war, contributing to the reconstruction, including recovery, and modernisation of the country; in fostering social, economic and environmental resilience and progressive integration into the Union and global economy and markets; and in preparing Ukraine for future membership of the Union by supporting its accession process. Such objectives should be pursued in a mutually reinforcing manner and with a regular monitoring of the evolving social and economic circumstances in Ukraine. Ukraine is expected to guarantee public access to the information on funding opportunities under this Facility, as well as free and fair competition during tendering process and grant allocation under this Facility.

Amendment 158 #

Proposal for a regulation
Recital 41

(41) The general objectives of the Ukraine Facility should be to assist Ukraine in addressing the social, economic and environmental consequences of the war, contributing to the reconstruction, including recovery, and modernisation of the country; in fostering social, economic ~~and~~, environmental and territorial cohesion and resilience, and progressive integration into the Union and global economy and markets, as well as upward economic and social convergence; and in preparing Ukraine for future membership of the Union by supporting its accession process. Such objectives should be pursued in a mutually reinforcing manner.

Amendment 159 #

Proposal for a regulation
Recital 41

Amendment 160 #

Andrzej HALICKI, Ewa KOPACZ, Andrius KUBILIUS, Radosław SIKORSKI

Proposal for a regulation
Recital 42

(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and persons at-risk and improving living standards. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community-based care for all children. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.

Amendment 161 #

Proposal for a regulation
Recital 42

(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and improving living standards. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community- based care for all children. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.

Amendment 162 #

Proposal for a regulation
Recital 42

(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and improving living standards. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community- based care for all children. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.

Amendment 163 #

Proposal for a regulation
Recital 42

(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable and inclusive growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and improving living standards. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups, as well as to strengthening the child protection and care system. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also ~~enable~~support the strengthening of social dialogue, infrastructure and services.

Amendment 164 #

Proposal for a regulation
Recital 42

(42) ~~In line with the European Pillar of Social Rights, t~~The Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and improving living standards. The Facility should contribute to protecting children through a reform of the child protection and care system. This should include a support to the transition from institutional to family and community-based care. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.

Amendment 165 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 42

(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups, including orphans, persons with disabilities and war veterans, and improving living standards. The Facility should also contribute to fighting poverty and homelessness and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.

Amendment 166 #

Proposal for a regulation
Recital 42

(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups, in particular, women and youth and improving living standards. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.

Amendment 167 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 45

(45) Union support should be organised around three pillars, namely (i) financial support to the Ukrainian State for the implementation of reforms and investments, as well as to address the financing gap and maintain macro- financial stability of the country, as set out in the Ukraine Plan as part of Ukraine's EU accession; (ii) a Ukraine Investment Framework to mobilise investments and enhance access to finance; (iii) accession assistance to mobilise technical expertise and capacity building.

Amendment 168 #

Proposal for a regulation
Recital 46

(46) As the recovery, reconstruction and modernisation needs are substantial, and cannot be covered by the Union budget alone, both public and private investments should play a role. The Facility should enable the mobilisation of both public and private investments and should allow for the possibility to scale up support for investments in long-term reconstruction when circumstances allow, also considering implementation and absorption capacity of Ukraine. The mobilisation of private investment via the Facility should ensure the long term competitiveness and innovative capacity of Ukraine.

Amendment 169 #

Proposal for a regulation
Recital 46

(46) As the recovery, reconstruction and modernisation needs are substantial, and cannot be covered by the Union budget alone, both public and private investments should play a role. The Facility should enable the timely mobilisation of both public and private investments and should allow for the possibility to scale up support for investments in long-term reconstruction when circumstances allow, also considering implementation and absorption capacity of Ukraine.

Amendment 170 #

Proposal for a regulation
Recital 46 a (new)

(46a) For the scope of this Facility, the assets confiscated in the context of Russian aggression against Ukraine under the directive on asset recovery and confiscation and the directive on the definition of criminal offences and penalties for the violation of Union restrictive measures should be used in the form of grants in order to contribute to the rebuilding and reconstruction in Ukraine. The Union and its Member States are working towards establishing a legal basis for the confiscation of Russian public assets for the purpose of financing Ukraine’s reconstruction and compensating the victims of Russia’s aggression. The monetary value of the revenue resulting from the asset recovery should come on top and in addition to the resources already available under this Facility.

Amendment 171 #

Francisco José MILLÁN MON

Proposal for a regulation
Recital 46 a (new)

(46a) Once the war has ended and an agreement has been reached on the cessation of hostilities between the parties involved in the conflict, Russia must assume responsibility for reparations and make a substantial contribution to the reconstruction of Ukraine and compensate the victims of Russia's aggression. The calculation of those reparations must be based on the updated assessment of the material and non- material damage caused by Russia to Ukraine during the conflict. With that in mind, the Union and its Member States are working to establish a legal basis and appropriate instruments for the confiscation of Russian assets for the purpose of financing Ukraine’s reconstruction and compensating the victims of Russia’s aggression.

Amendment 172 #

Proposal for a regulation
Recital 46 a (new)

(46a) At the end of the war, Russia must pay the reparations due and hence ensure it makes a substantial contribution to the reconstruction of Ukraine. With that in mind, the Union and its Member States are working to establish a legal basis for the confiscation of Russian public assets for the purpose of financing Ukraine’s reconstruction and compensating the victims of Russia’s aggression. The study on the establishing of that legal basis should be carried out in coordination with the G7 member countries.

Amendment 173 #

Proposal for a regulation
Recital 46 a (new)

(46a) Russia must pay for the damages it has caused on the territory of Ukraine. With that in mind, the Union and its Member States shall establish a legal basis for the confiscation of Russian public assets for the purpose of financing Ukraine’s reconstruction and compensating the victims of Russia’s aggression, which is permitted under customary international law either as a collective countermeasure in response to Russia’s violation of the fundamental rule prohibiting wars of aggression or as an act of collective self-defense under Article 51 of the UN Charter.

Amendment 174 #

Proposal for a regulation
Recital 46 b (new)

(46b) In view of the conclusions adopted by the European Council at its meeting of 29 and 30 June 2023, and of the European Parliament resolution 15 June 2023 on the sustainable reconstruction and integration of Ukraine into the Euro- Atlantic Community, which call for further work on this matter, it is appropriate to already provide in this Regulation for a legal mechanism for adding amounts as external assigned revenue, within the meaning of Regulation (EU, Euratom) 2018/1046, that might later be received from any confiscated assets of the Russian Federation and the Republic of Belarus, as well as immediately implementing the measures needed for the use of the proceeds obtained from the managing of, or interest matured on, the assets of the Russian Federation and the Republic of Belarus frozen pursuant to Union restrictive measures, under any relevant Union legal act to be adopted in the future, in accordance with applicable rules of customary international law.

Amendment 175 #

Proposal for a regulation
Recital 46 b (new)

(46b) Possible revenues resulting from the interest rates obtained through the use on international financial markets of the immobilised state immunities of Russia should be used for the purpose of rebuilding and reconstruction in Ukraine. Such resources come on top and in addition to the resources already available under this Facility and shall be used in the form of grants.

Amendment 176 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 46 c (new)

(46c) Following the termination of Russia’s aggression against Ukraine and the conclusion of court decisions on the responsibilities of the Russian state as the aggressor party, Russia will be expected to pay the reparations in order to ensure that it makes a substantial contribution to the reconstruction of Ukraine.

Amendment 177 #

Proposal for a regulation
Recital 47

(47) The overall maximum amount for the Union support to the Facility should be EUR 50 billion in current prices for the period from 2024 to 2027, for all types of support. In light of the evolving circumstances and of the objectives of the Facility itself, the Union support needs to provide a balance between flexibility and programmability. This amount is only an indicative one and will be revised upwards in the course of events, as it reflects the needs assessments made before March 2023 by the intenational institutions for the reconstruction of Ukraine to overcome the damages of Russia's war of aggression, to address immediate humanitarian needs of Ukraine and to restore Ukraine's access to financial markets as well as a sustainable level of its public revenues.

Amendment 178 #

Proposal for a regulation
Recital 47

(47) The overall maximum amount for the Union support to the Facility should be at least EUR 50 billion in current prices for the period from 2024 to 2027, for all types of support. In light of the evolving circumstances and of the objectives of the Facility itself, the Union support needs to provide a balance between flexibility and programmability.

Amendment 179 #

Proposal for a regulation
Recital 47

(47) The overall ~~maximum~~planned amount for the Union support to the Facility should be EUR 50 billion in current prices for the period from 2024 to 2027, for all types of support. In light of the evolving circumstances and of the objectives of the Facility itself, the Union support needs to provide a balance between flexibility and programmability.

Amendment 180 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Recital 47 a (new)

(47a) Given the already considerable debt burden faced by Ukraine, at least 50 percent of the Union support through the Facility should be in the form of grants.

Amendment 181 #

Proposal for a regulation
Recital 48

(48) As for the Union support, other than in the form of loans, this Regulation should be financed by and in accordance with the Ukraine Reserve, as proposed in the amendment to Council Regulation (EU, Euratom) 2020/209317 , ~~up to~~at least EUR 50 billion for the period 2024 to 2027. Such maximum amount does not constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources, for the European Parliament and the Council during the annual budgetary procedure. _________________ 17 COM(2023)337 final.

Amendment 182 #

Eider GARDIAZABAL RUBIAL, Michael GAHLER

Proposal for a regulation
Recital 48

(48) As for the Union support, other than in the form of loans, this Regulation should be financed by and in accordance with the Ukraine Reserve, as proposed in the amendment to Council Regulation (EU, Euratom) 2020/209317 , ~~up to~~ EUR 50 billion for the period 2024 to 2027. Such maximum amount does not constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources, for the European Parliament and the Council during the annual budgetary procedure. _________________ 17 COM(2023)337 final.

Amendment 183 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Recital 48 a (new)

(48a) Recalls that Ukraine's debt burden was critical before the Russian invasion and has only worsened during the course of the war, and that in light of the severity of the economic situation in Ukraine, continuing to pay off pre-war debt and debt accrued during the war will severely limit Ukraine's access to public funds for reconstruction and the provision of public goods and services in the interest of upholding the human rights of the Ukranian population, therefore the EU will call on international borrowing institutions such as the International Monetary Fund, the World Bank, development banks, and international financial institutions to cancel Ukraine's external debt.

Amendment 184 #

Proposal for a regulation
Recital 51

(51) The commitment appropriations and corresponding payment appropriations from the Ukraine Reserve should be mobilised annually in the budget over and above the ceilings of the Multiannual Financial Framework. In order to effectively allow the budgetary authority oversight and freedom of action, the Ukraine Reserve should be composed of at least three additional budgetary lines, corresponding to each of the pillars in which the proposal is structured.

Amendment 185 #

David LEGA, Jörgen WARBORN

Proposal for a regulation
Recital 51

(51) The commitment appropriations and corresponding payment appropriations from the Ukraine Reserve should preferably be mobilised annually within the budget ~~over and above the ceilings~~ of the Multiannual Financial Framework.

Amendment 186 #

Proposal for a regulation
Recital 59

(59) The Commission and the Member States should ensure the compliance, transparency, coherence, consistency and complementarity of their assistance, in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle, including at local level. In light of the presence of various international donors, the necessary steps should also be taken to ensure better coordination and complementarity with other donors, including through an agreement on common standards and regular consultations. In this regard, the Multi- Agency Donor Coordination Platform should be used as an already established forum for such exchange. The European Parliament, together with the Verkhovna Rada of Ukraine and the US Congress, as the parliaments of the three co-chairing entities of the Platform, should have a prominent role in its work in order to ensure full parliamentary scrutiny, democratic oversight, transparency and accountability.

Amendment 187 #

Proposal for a regulation
Recital 59

(59) The Commission and the Member States should ensure the compliance, coherence, consistency and complementarity of their assistance, in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle, including at local level. In light of the presence of various international donors, the necessary steps should also be taken to ensure better coordination and complementarity with other donors, including through regular consultations. In this regard, the Multi- Agency Donor Coordination Platform should be used as an already established forum for such exchange and make provision for a territorial component, in which the European Alliance of Cities and Regions for the Reconstruction of Ukraine would play a coordinating role.

Amendment 188 #

Proposal for a regulation
Recital 59

(59) The Commission in consultation with the European Parliament, and the Member States should ensure the compliance, coherence, consistency and complementarity of their assistance, in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle with all relevant stakeholders, including at local and regional level. In light of the presence of various international donors, the necessary steps should also be taken to ensure better coordination and complementarity with other donors, including through regular consultations or the development of a memorandum of understanding between donors. In this regard, the Multi- Agency Donor Coordination Platform should be used as an already established forum for such exchange.

Amendment 189 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 60

(60) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU should apply to this Regulation. Those rules are laid down in Regulation (EU, Euratom) 2018/1046 and determine in particular the procedure for establishing and implementing the budget through grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts, and provide for checks on the responsibility of financial actors. To ensure fair and inclusive implementation of the Facility, Ukraine should guarantee open and timely access to the information on funding opportunities, calls for tenders and selection procedures of the personnel.

Amendment 190 #

Proposal for a regulation
Recital 62

(62) The Union should establish the Ukraine Facility programming framework 2024-2027 for the duration of the Union's current multiannual financial framework. A Framework agreement should be concluded with Ukraine to set up a joint programming and implementation mechanism, the principles of the financial cooperation between the Union and Ukraine, including necessary mechanisms to control and audit expenditures. Financing and loan agreements should also be concluded with Ukraine, where appropriate depending on each pillar, to define conditions for releasing funds.

Amendment 191 #

Proposal for a regulation
Recital 62 a (new)

(62a) The Framework agreement will also include the provisions on the public communication on the objectives of the Facility, opportunities available under the Facility, the implementation progress and the highlights on achievements. Such communication should be provided to the public in Ukraine in a form which is easily accessible, understandable and respectful of the special needs of persons with disabilities. Objective, regular and timely information on the Facility is necessary for its successful implementation and its ownership by different society groups in Ukraine. All communication efforts should be accompanied by the statements ‘Funded by the people of the European Union’ or ‘Co-funded by the people of the European Union’ next to the emblem of the Union.

Amendment 192 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 65

(65) Under pillar I of the Facility, financing should be provided to support the implementation of the Ukraine Plan setting out the reform and investment agenda of Ukraine towards the achievement of the general and specific objectives, milestones and targets of the Facility, which should also be integrated in an economic and fiscal policy framework. Financing under this pillar should be provided upon satisfactory fulfilment of the specific conditions set out in the Plan. A methodology for payment in case of partial fulfilment as well as for delays should be agreed as part of the Plan. The Plan should be accompanied by detailed operational and financial agreements.

Amendment 193 #

Proposal for a regulation
Recital 66

(66) Ukraine should prepare the Plan as a coherent, comprehensive and adequately balanced response to rebuilding and modernising Ukraine, supporting its economic, social and environmental recovery and its progress towards accession to the Union. In view of the increasing risks coming from economic dependencies, the Plan should minimise the exposure to high-risk suppliers of critical products from countries designated as strategic rivals of the Union, in particular whenever a country engages in economic espionage or economic coercion and its legislation obliges arbitrary access to any kind of company operations or data, especially when the critical products are intended for the use by critical entities. As such, the Ukraine Plan would also provide a basis for other donors to identify the priority funding areas for the reconstruction of Ukraine and foster ownership, coherence and additional contributions to that end. For that purpose, Ukraine should ensure that the Plan as prepared covers its recovery, reconstruction and modernisation needs in an integrated manner, identifying to what extent the measures of the Plan are expected to be financed by the Union through the Facility. In preparing the Plan, Ukraine should take into account support provided under other Union programmes. Ukraine should develop its Plan ensuring that other donors are able to contribute to supporting the measures of the Plan, including by increasing the funding available under the Facility.

Amendment 194 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 66

(66) Ukraine should prepare the Plan as a coherent, comprehensive and adequately balanced response to rebuilding and modernising Ukraine, supporting its economic, social and environmental recovery, sustainable development, and its progress towards accession to the Union, according to the objectives and requirements outlined under the Facility. As such, the Ukraine Plan would also provide a basis for other donors to identify the priority funding areas for the reconstruction of Ukraine and foster ownership, coherence and additional contributions to that end. For that purpose, Ukraine should ensure that the Plan as prepared covers its recovery, reconstruction and modernisation needs in an integrated manner, identifying to what extent the measures of the Plan are expected to be financed by the Union through the Facility. In preparing the Plan, Ukraine should take into account support provided under other Union programmes. Ukraine should develop its Plan ensuring that other donors are able to contribute to supporting the measures of the Plan, including by increasing the funding available under the Facility.

Amendment 195 #

Proposal for a regulation
Recital 66

(66) Ukraine together with the Union should prepare the Plan as a coherent, comprehensive and adequately balanced response to rebuilding and modernising Ukraine, supporting its economic, social and environmental recovery and its progress towards accession to the Union. As such, the Ukraine Plan would also provide a basis for other donors to identify the priority funding areas for the reconstruction of Ukraine and foster ownership, coherence and additional contributions to that end. For that purpose, Ukraine should ensure that the Plan as prepared covers its recovery, reconstruction and modernisation needs in an integrated manner, identifying to what extent the measures of the Plan are expected to be financed by the Union through the Facility. In preparing the Plan, Ukraine should take into account support provided under other Union programmes. Ukraine should develop its Plan ensuring that other donors are able to contribute to supporting the measures of the Plan, including by increasing the funding available under the Facility.

Amendment 196 #

Proposal for a regulation
Recital 66 a (new)

(66a) In case of increases of funding of the Facility via Union Funds after the agreement of the Plan, Ukraine should add measures, including their corresponding milestones and targets as additions to the plan.

Amendment 197 #

Proposal for a regulation
Recital 68

(68) The Ukraine Plan should include reform and investment measures, along with the qualitative and quantitative steps that warrant satisfactory fulfilment of those measures, and an indicative timetable for the implementation of those measures via milestones and targets. Measures started from 1 January 2023 onwards should be eligible.

Amendment 198 #

Proposal for a regulation
Recital 69

(69) The Plan should set out conditions reflecting progress expected to be made in the implementation of the measures it contains. Those conditions should take the form of qualitative or quantitative steps. Those steps should be planned for no later than 31 December 2027, although the overall completion of the measures to which such steps refer may extend beyond 2027, while completion after 2027 should be financially feasible as can be foreseen at the point of agreeing of the Plan. Given the need to ensure the macro- financial stability of Ukraine while supporting its recovery, reconstruction and modernisation efforts in view of the accession to the Union, the Plan should, in particular, include conditions linked to (i) essential requirements, such as macro- financial stability, budget oversight, and public financial management, which may be defined so as to reflect satisfactory progress towards fulfilment; and (ii) sectoral and structural reforms and investments set out in the Plan. Payments should be structured accordingly around such categories of conditions, reflecting the objectives of the Facility.

Amendment 199 #

Proposal for a regulation
Recital 70

(70) The preparation and implementation by Ukraine of the Plan should take particular account of the situation in Ukraine’s regions and municipalities, having regard to their specific needs for recovery and reconstruction, reform, modernisation and decentralisation, and should be done in meaningful and non-discriminatory consultation with regional, local, urban and other public authorities and civil society organisations and experts, in accordance with the multi-level governance principle and taking into account a bottom-up approach. In this context, the Plan should in particular enhance the economic, social, environmental and territorial development of Ukraine’s regions and municipalities, support the decentralisation reform across Ukraine and convergence towards the Union’s standards; it should also ensure the involvement of sub-national authorities, in particular municipalities, and subnational civil society organisations, in decision- making on the use of support in the reconstruction process at local level, and that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support. A chapter of the plan should outline how the relevant stakeholders have been consulted without bias and sufficient time, where their inputs have been reflected in the Plan and where they have been disregarded, and an annex shall detail their inputs.

Amendment 200 #

Proposal for a regulation
Recital 70

(70) The preparation and implementation by Ukraine of the Plan should take particular account of the situation in Ukraine’s regions and municipalities, having regard to their specific needs for recovery and reconstruction, reform, modernisation and decentralisation, and should be done in consultation with regional, local, urban and other public authorities, in accordance with the multi-level governance principle and taking into account a bottom-up approach. In this context, the Plan should in particular enhance the economic, social, environmental and territorial development of Ukraine’s regions and municipalities, which should be complemented by explicit recognition of a public legal personality for territorial entities. The Plan should support the decentralisation reform across Ukraine and convergence towards the Union’s standards; it should also ensure the involvement of sub-national authorities, in particular municipalities, in decision- making on the use of support in the reconstruction process at local level, and that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support.

Amendment 201 #

Proposal for a regulation
Recital 71

(71) The Plan should also include an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, corruption, fraud and conflicts of interests, ~~when us~~and to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should, where appropriate, contribute to ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. The Plan should also contain provisions on fair competition during public tender procedures. It should as well display the modalities to mark the projects with appropriate emblems or other distinctive signs, so as to highlight the role of this Facility in their implementation.

Amendment 202 #

Proposal for a regulation
Recital 71

(71) The Plan should also include an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, corruption and notably grand corruption, fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should, where appropriate, contribute to ensuring an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which could be set, as appropriate depending on each measure, over the course of the lifetime of the Facility. Compliance with this plan will be instrumental to both preserve the financial interests of the Union and integrate the acquis communautaire into Ukraine's internal legal order, which will actively bring Ukraine closer to EU membership.

Amendment 203 #

Proposal for a regulation
Recital 71

(71) The Plan should also include an explanation of Ukraine’s system and measures to effectively prevent, detect and correct irregularities, corruption, fraud and conflicts of interests, when using the funds provided under the Facility, and the arrangements that aim to avoid double funding from the Facility and other Union programmes as well as other donors. Measures under the Plan should~~, where appropriate, contribute to~~ ensur~~ing~~e an efficient management and control system. Such measures should be implemented by Ukraine by an indicative date which cshould be set, as appropriate depending on each measure, over the course of the lifetime of the Facility.

Amendment 204 #

Proposal for a regulation
Recital 72

(72) The Commission should publish the Ukraine Plan when received. The Commission should assess the Ukraine Plan based on the list of criteria set out in this Regulation, after consulting the European Parliament on the submitted plan. In view of the importance of the financial effects of the support to Ukraine Plan, ~~implementing powers should be conferred on the Council~~the Commission should be empowered to adopt a delegated act. In case of a positive assessment of the Plan, the Commission should submit a proposal for the approval of the Plan by the Council, after consulting the European Parliament.

Amendment 205 #

Proposal for a regulation
Recital 73

(73) Given the uncertainties and the need for flexibility in the implementation of the Facility, it should be possible for Ukraine to make a reasoned request to the Commission to make a proposal to amend the ~~Council implementing decision~~delegated act, where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances. The Commission may, in agreement with Ukraine, also make a proposal to amend the ~~Council implementing decision~~delegated act, in particular to take into account a change of the amounts available, which in cases of increases of the amounts should also result in respective new measures with corresponding milestones and targets. Ukraine should also be able to make a reasoned request to amend the Plan, including by proposing addenda where relevant, to take into account additional funding available from other donors or from other sources, such as revenue generated on frozen and immobilised Russian assets.

Amendment 206 #

Proposal for a regulation
Recital 73

(73) Given the uncertainties and the need for flexibility in the implementation of the Facility, it should be possible for Ukraine to make a reasoned request to the Commission to make a proposal to amend the Council implementing decision, where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances related to the war. The Commission may, in agreement with Ukraine, also make a proposal to amend the Council implementing decision, in particular to take into account a change of the amounts available. Ukraine should also be able to make a reasoned request to amend the Plan, including by proposing addenda where relevant, to take into account additional funding available from other donors or from other sources, such as revenue generated on frozen and immobilised Russian assets.

Amendment 207 #

Proposal for a regulation
Recital 73

(73) Given the uncertainties and the need for flexibility in the implementation of the Facility, it should be possible for Ukraine to make a reasoned request to the Commission to make a proposal to amend the Council implementing decision, where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances. The Commission may, in agreement with Ukraine, also make a proposal to amend the Council implementing decision, in particular to take into account a change of the amounts available. Ukraine should also be able to make a reasoned request to amend the Plan, including by proposing addenda where relevant, to take into account additional funding available from other donors or from other sources, such as ~~revenue generated on~~ frozen and immobilised Russian assets.

Amendment 208 #

Proposal for a regulation
Recital 78

(78) It is important to guarantee both flexibility and programmability as well as stability in providing Union support to Ukraine. For that purpose, payments under the Facility should occur according to a fixed quarterly schedule, subject to availability of funding, based on a payment request submitted by Ukraine and following verification by the Commission of the satisfactory fulfilment of the relevant conditions, including all relevant milestones and targets. In case a condition is not fulfilled in accordance with the indicative timeline set in the decision approving the Plan, the Commission should deduct from the payment an amount corresponding to those conditions following a pre-set methodology for partial fulfillment. The disbursement of the corresponding withheld funds could take place during the next payment window and up to twelve months after the original deadline set out in the indicative timeline, provided the conditions have been fulfilled.

Amendment 209 #

Proposal for a regulation
Recital 78

(78) It is important to guarantee both flexibility and programmability as well as stability in providing Union support to Ukraine. For that purpose, payments under the Facility should occur according to a fixed quarterly schedule, subject to availability of funding, based on a payment request submitted by Ukraine and following verification by the Commission of the satisfactory fulfilment of the relevant conditions. In case a condition is not fulfilled in accordance with the indicative timeline set in the decision approving the Plan, the Commission should deduct from the payment an amount corresponding to those conditions. The disbursement of the corresponding withheld funds could take place during ~~the nex~~a subsequent payment window ~~and up to twelve months after the original deadline set out in the indicative timeline~~, provided the conditions have been fulfilled.

Amendment 210 #

Proposal for a regulation
Recital 78

(78) It is important to guarantee both flexibility and programmability as well as stability in providing Union support to Ukraine. For that purpose, payments under the Facility should occur according to a fixed quarterly schedule, ~~subject to availability of funding,~~ based on a payment request submitted by Ukraine and following verification by the Commission of the satisfactory fulfilment of the relevant conditions. In case a condition is not fulfilled in accordance with the indicative timeline set in the decision approving the Plan, the Commission should deduct from the payment an amount corresponding to those conditions. The disbursement of the corresponding withheld funds could take place during the next payment window and up to twelve months after the original deadline set out in the indicative timeline, provided the conditions have been fulfilled.

Amendment 211 #

Proposal for a regulation
Recital 79

(79) In order to ensure that Ukraine has access to sufficient financing to cater for its macro-financial stability needs and initiate the recovery, reconstruction and modernisation of the country, Ukraine should have access to up to 7% of the non- repayable financial support and loans in the form of a pre-financing, subject to availability of funding and to the respect of the precondition for the support to Ukraine under the Facility.

Amendment 212 #

Proposal for a regulation
Recital 81

(81) Transparency in all phases of the implementation of the Facility is an ~~important requirement of~~ongoing prerequisite to Union support. Ukraine should publish ~~twice a year~~up to date data on persons ~~and entit~~, entities and final beneficiaries receiving amounts of funding exceeding the equivalent of EUR 500 000 for the implementation of reforms and investments specified in the Ukraine Plan. The ~~information should not be published where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients~~disclosure of legal entities beneficial owner should be a mandatory precondition for the reception of funding. In addition, a list of the 2000 largest final beneficiaries shall be kept up to date and published by Ukraine. The information may not be published, if duly justified, where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients. In these cases, the information should be communicated to the European Commission and Audit Board, which in cases of misuse of these exceptional conditions can decide to withhold funds for an amount corresponding to three times the amount of the funds concerned by the failure to disclose. The framework agreement should include precise rules and a timeframe on the collection of data by Ukraine and the access for the Commission and OLAF, including as regards the format of the information and access to information rights for the European and Ukrainian public, as well as the Ukrainian and the European Parliament.

Amendment 213 #

Proposal for a regulation
Recital 81

(81) Transparency in the implementation of the Facility is an important requirement of Union support. Ukraine should publish twice a year data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 500 000 for the implementation of reforms and investments specified in the Ukraine Plan. The information should not be published where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients. The framework agreement should include precise rules and a timeframe on the collection of data by Ukraine and the access for the Commission ~~and OLAF~~, OLAF and, where applicable, the European Public Prosecutor’s Office (EPPO), including as regards the format of the information.

Amendment 214 #

Proposal for a regulation
Recital 81

(81) Transparency in the implementation of the Facility is an important requirement of Union support. Ukraine should publish twice a year data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 5100 000 for the implementation of reforms and investments specified in the Ukraine Plan. The information should not be published where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients. The framework agreement should include precise rules and a timeframe on the collection of data by Ukraine and the access for the Commission and OLAF, including as regards the format of the information.

Amendment 215 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 82

(82) Under pillar II of the Facility, an investment framework should be set up, aiming to support recovery and reconstruction investments undertaken by the state, private sector companies, municipalities, state-owned enterprises or other actors. The Ukraine Investment Framework should address priorities identified in the Ukraine Plan, and support its objectives and its implementation. The Ukraine Investment Framework should involve Ukrainian authorities in its governance.

Amendment 216 #

Proposal for a regulation
Recital 82

(82) Under pillar II of the Facility, an investment framework should be set up by the Union, aiming to support recovery and reconstruction investments undertaken by private sector companies, municipalities, state-owned enterprises or other actors. The Ukraine Investment Framework should address priorities identified in the Ukraine Plan, and support its objectives and its implementation. The Ukraine Investment Framework should involve Ukrainian authorities in its governance.

Amendment 217 #

Proposal for a regulation
Recital 82

Amendment 218 #

Proposal for a regulation
Recital 84

(84) The flexibility of the support under the Facility should be enhanced by providing for flexible implementation of the Ukraine Guarantee, which might be granted gradually and regionally. It is appropriate to derogate from Article 211(2), second sentence, of the second subparagraph of Regulation (EU, Euratom) 2018/1046 to allow the constitution of provisioning until 31 December 2027 to be equal to the amount of provisioning corresponding to the guarantee granted instead of the amount of global provisioning. As part of the derogation, it should also be possible to constitute the provisioning gradually to reflect the progress in selection and implementation of the financing and investment operations supporting the objectives of the Facility, instead of reflecting the financial statement referred to in Article 211(2), second sentence, of the second subparagraph of Regulation (EU, Euratom) 2018/1046.

Amendment 219 #

Proposal for a regulation
Recital 85

(85) In order to efficiently use the funds under this pillar, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the provisioning rate for the Ukraine guarantee. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, as well as with the relevant committees of the European Parliament. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Support under the Facility should also enhance twinning and partnership development initiatives with European peers aiming at enhancing expertise and capacity in Ukraine.

Amendment 220 #

Proposal for a regulation
Recital 86

(86) Under pillar III of the Facility, support should mainly aim at progressively aligning to Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to the implementation of the Ukraine Plan. Relevant recommendations of international bodies, such as the Council of Europe and the Venice Commission should also be taken into account in this process. Support should also aim at strengthening stakeholders, including democratic institutions, courts, social partners, civil society organisations and local authorities’ capacities as well as the capacity building of civil society actors including in their public scrutiny role.

Amendment 221 #

Proposal for a regulation
Recital 86

(86) Under pillar III of the Facility, support should mainly aim at progressively aligning to Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to the implementation of the Ukraine Plan. Relevant recommendations of international bodies and regional alliances, such as the Council of Europe and the Venice Commission and the European Alliance of Cities and Regions for the Reconstruction of Ukraine should also be taken into account in this process. Support should also aim at strengthening stakeholders, including social partners, civil society organisations and local authorities’ capacities.

Amendment 222 #

Proposal for a regulation
Recital 87

(87) In accordance with Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council and Council Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939 and Directive (EU) 2017/1371 of the European Parliament and of the Council, the financial interests of the Union are to be protected by means of ~~proportionat~~effective measures, including measures relating to the prevention, detection, correction and investigation of irregularities, fraud, corruption, conflict of interest, double funding, to the recovery of funds lost, wrongly paid or incorrectly used. , and measures to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility.

Amendment 223 #

Proposal for a regulation
Recital 87

(87) In accordance with Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council and Council Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, fraud, corruption, conflict of interest, double funding, to the recovery of funds lost, wrongly paid or incorrectly used. The Commission services should be provided with sufficient administrative capacities and personnel to ensure these objectives.

Amendment 224 #

Proposal for a regulation
Recital 87 a (new)

(87a) Whereas, in accordance with Regulation (EU) 2017/1939, the European Public Prosecutor Office is competent in respect of the criminal offences affecting the financial interests of the Union, even if the main criminal conduct takes place outside the European Union, subject to extraterritorial jurisdiction of a participating EPPO Member State over an offence affecting the Union’s financial interests (such as when the damage takes place on its territory; when the offence is committed by an EU official; or by a national or a permanent resident of the participating Member State; or the offence is committed for the benefit of a legal person established in its territory), it is essential, in accordance with Article 24(1) of that Regulation, that the European Commission, the Audit Board and OLAF report to the EPPO, without undue delay, any criminal conduct affecting the funds awarded under this Regulation, with a view to EPPO assessing its competence and, if appropriate, initiating an investigation. It is furthermore essential that Ukrainian competent authorities treat, without delay, mutual legal assistance requests and extradition requests issued by EPPO and Member States’ competent authorities in relation to these funds, in accordance with relevant instruments concerning international cooperation in criminal matters.

Amendment 225 #

Proposal for a regulation
Recital 88

(88) In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) should be in a position to carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. OLAF should be provided with sufficient administrative capacities and personnel to conduct these investigations, on-the-spot checks and inspections.

Amendment 226 #

Proposal for a regulation
Recital 88

(88) In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) should be in a position to carry out administrative investigations, including on- the-spot checks and inspections, with a view to detecting and establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union and to reporting any criminal conduct to the European Public Prosecutor Office, in accordance with Article 24(1) of Regulation (EU) 2017/1939.

Amendment 227 #

Proposal for a regulation
Recital 88

Amendment 228 #

Proposal for a regulation
Recital 89

(89) In accordance with Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission, the European Parliament, OLAF, the European Court of Auditors and, where applicable the European Public Prosecutor’s Office (EPPO) where relevant, including from third parties involved in the implementation of Union funds. Ukraine should also use the Early Detection and Exclusion System and report irregularities in relation to the use of the funds to the Commission.

Amendment 229 #

Proposal for a regulation
Recital 89

(89) In accordance with Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission OLAF, the European Court of Auditors ~~and, where applicable the European Public Prosecutor’s Office (EPPO) where relevant~~, including from third parties involved in the implementation of Union funds. Ukraine should also report irregularities in relation to the use of the funds to the Commission. In addition, where applicable, the competent Ukrainian authorities should also report any criminal conduct in relation to the funds to the EPPO.

Amendment 230 #

Proposal for a regulation
Recital 89

(89) In accordance with Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission OLAF, the European Court of Auditors and, where applicable the European Public Prosecutor’s Office (EPPO) where relevant, including from third parties involved in the implementation of Union funds. Ukraine should also use the Early Detection and Exclusion System and report irregularities in relation to the use of the funds to the Commission.

Amendment 231 #

Proposal for a regulation
Recital 90

(90) The reinforcement of internal control systems, ~~the fight against corruption~~including ex-ante controls, the fight against any forms of corruption, nepotism, favouritism or fraud, the promotion of transparency, good administration, and efficient public financial management, and verification by an independent external auditor, are important reform priorities for Ukraine and should be supported by the Facility.

Amendment 232 #

Proposal for a regulation
Recital 90

(90) The reinforcement of internal control systems, the fight against corruption, the promotion of transparency, good administration, ~~and~~ efficient public financial management a~~re important reform priorities~~nd verification by an independent external auditor are important reform priorities for Ukraine and increase the legitimacy of support for Ukraine and should be supported by the Facility.

Amendment 233 #

Proposal for a regulation
Recital 90

(90) The reinforcement of internal control systems, the fight against corruption, the promotion of transparency, good administration, ~~and~~ efficient public financial management and strengthening the civil society are important reform priorities for Ukraine and should be supported by the Facility.

Amendment 234 #

Proposal for a regulation
Recital 90 a (new)

(90a) As a measure of public accountability, the Government of Ukraine, including the relevant Ministers and the President, should inform the Verkhovna Rada of Ukraine regularly on the implementation of the Ukraine Plan through oral reports. Provision of all relevant information in time to the Ukrainian Rada, allowing for an interactive interinstitutional dialogue at least every 3 months with relevant cabinet members is key to enable transparency both for elected officials as well as the Ukrainian press and public. Reporting enabling oversight should also be provided as part of the yearly approval of the Ukrainian budget, even where the EU Facility’s contributions are not part of that budget. Members of the relevant committees of the Ukrainian Rada should also be involved as observers in donor forums and reconstruction meetings with international partners and should be consulted before such meetings.

Amendment 235 #

Proposal for a regulation
Recital 91

(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds and guarantee that the correct level of assurance is obtained through an independent external audit. Such information should be made available to OLAF and where appropriate to the relevant Ukrainian authorities. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds along the whole project life cycle. The Commission should be provided with sufficient funding and human resources to perform the audit and checks. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.

Amendment 236 #

Proposal for a regulation
Recital 91

(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds. The Audit Board should be subject to the reporting obligations to EPPO, in accordance with Article 24(1) of Regulation (EU) 2017/1939. Such information should be made available to OLAF, EPPO and where appropriate to the relevant Ukrainian authorities, in particular the Accounting Chamber of the Verkhovna Rada. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds along the whole project life cycle. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.

Amendment 237 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 91

(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds and guarantee that the correct level of assurance is obtained through an independent external audit. Such information should be made available to OLAF and where appropriate to the relevant Ukrainian authorities. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds along the whole project life cycle. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.

Amendment 238 #

Proposal for a regulation
Recital 91

(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds. Such information should be made available to OLAF and where appropriate to the relevant Ukrainian authorities. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds under a joint mechanism along the whole project life cycle. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.

Amendment 239 #

Proposal for a regulation
Recital 91

(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds. Such information should be made available to OLAF and where appropriate to the relevant Ukrainian authorities. The Commission, with the assistance of the Union delegation, should be entitled to perform regular checks on how Ukraine implements funds along the whole project life cycle. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.

Amendment 240 #

Proposal for a regulation
Recital 91 a (new)

(91a) Following recommendation 3 of the ECA Special Report on Reducing grand corruption in Ukraine2a and to ensure that the financial support provided under the Facility does not perpetuate or reinforce distorsions to the proper functioning of the market, the Commission should be responsible for establishing, in close cooperation with the Ukrainian authorities, a register of companies under oligarchic influence and identified as potentially hampering free and fair competition on the market. Entities identified on this register should not be eligible to receive funds under the Facility. This register will be prepared within six months of the entry into force of the present regulation, and updated quarterly. _________________ 2a ECA special report 23/2021: "Reducing grand corruption in Ukraine: several EU initiatives, but still insufficient results"

Amendment 241 #

Proposal for a regulation
Recital 92

(92) While it is primarily the responsibility of Ukraine to ensure that the Facility is implemented in compliance with applicable standards, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the Commission should be able to receive sufficient assurance from Ukraine in that regard. To that end, Ukraine should commit in the Plan to improve its current management and control system and to recovering amounts misused. Ukraine should also commit in the Plan to improve detection, investigation and prosecution of criminal offences affecting the funds provided under the Facility. In that regard, Ukraine should commit to ensure that the competent Ukrainian authorities would treat, without delay, mutual legal assistance requests and extradition requests issued by the EPPO and Member States’ competent authorities.Ukraine should establish a monitoring system feeding into an annual progress report. Ukraine should collect data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, ~~in relation to the measures supported by~~and allowing to effectively investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the funds provided under the Facility. The framework agreement and the financing and loan agreements should provide for the obligations of Ukraine to ensure the collection of, and access to, adequate data and information on persons and entities receiving funding for the implementation of measures of the Ukraine Plan.

Amendment 242 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Recital 92

(92) While it is primarily the responsibility of Ukraine to ensure that the Facility is implemented in compliance with applicable standards, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the Commission should be able to receive sufficient assurance from Ukraine in that regard. To that end, Ukraine should commit in the Plan to improve its current management and control system and to recovering amounts misused, and the committment should be accompanied by an implementation plan, to include timelines, to be agreed with the Commission. Ukraine should establish a monitoring system feeding into an annual progress report. Ukraine should collect data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, in relation to the measures supported by the Facility, and this data should be shared with the Audit Board on a monthly basis. The framework agreement and the financing and loan agreements should provide for the obligations of Ukraine to ensure the collection of, and access by the Audit Board and the Commission to, adequate data on persons and entities receiving funding for the implementation of measures of the Ukraine Plan.

Amendment 243 #

Proposal for a regulation
Recital 92

(92) While it is primarily the responsibility of Ukraine to ensure that the Facility is implemented in compliance with applicable standards, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the Commission and the European Parliament should be able to receive sufficient assurance from Ukraine in that regard. To that end, Ukraine should commit in the Plan to improve its current management and control system and to recovering amounts misused. Ukraine should establish a monitoring system feeding into an annual progress report. Ukraine should collect data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, in relation to the measures supported by the Facility. The framework agreement and the financing and loan agreements should provide for the obligations of Ukraine to ensure the collection of, and access to, adequate data on persons and entities receiving funding for the implementation of measures of the Ukraine Plan. These agreements should be made available to the European and Ukrainian Parliaments.

Amendment 244 #

Proposal for a regulation
Recital 93

(93) The Union financial interests should also be protected when the funds are implemented in direct management through grants and procurement and indirect management with pillar assessed entities, in particular under the second and third pillar of the Facility. Regular reporting should be a key of these measures as well.

Amendment 245 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 94

(94) Work programmes should be adopted to implement the assistance under the Facility and submitted to the European Parliament.

Amendment 246 #

Proposal for a regulation
Recital 95

(95) The communication capacities of Ukraine should be enhanced in order to ensure existence of strong and free pluralistic media and public support for and understanding of Union values and the benefits and obligations of potential Union membership, while addressing disinformation, foreign information manipulation and interference. Visibility of the Union funding should also be ensured.

Amendment 247 #

Proposal for a regulation
Recital 95

(95) The communication capacities of Ukraine should be enhanced in order to ensure existence of strong and free pluralistic media and public support for and understanding of Union values and the benefits and obligations of potential Union membership, while addressing disinformation. Visibility of the Union funding ~~should als~~also needs to be ensured.

Amendment 248 #

Proposal for a regulation
Recital 95

(95) The communication capacities of Ukraine should be enhanced in order to ensure existence of strong and free pluralistic media and ~~public support for and~~to promote understanding of Union values and the benefits and obligations of potential Union membership, while addressing disinformation. Visibility of the Union funding should also be ensured.

Amendment 249 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 97

(97) The Commission should assess each year the implementation of support under the Ukraine Facility. It should allow the Committee established by this Regulation to have adequate information to assist the Commission. This information shall also be made availabe to the European Parliament. For the effective monitoring of implementation, Ukraine should report once a year in an annual progress report on the implementation. Such reports prepared by the government should be appropriately reflected in the Ukraine Plan. Proportionate reporting requirements should be imposed on recipients of Union funding implemented under the second and third pillars of the Facility.

Amendment 250 #

Proposal for a regulation
Article 1 – paragraph 2 – point a

(a) Pillar I: financial support to be provided to Ukraine for the recovery, reconstruction and modernisation of the country as a future member of the EU and for the delivery of reforms and investments to implement the Ukraine Plan as well as to support Ukraine's budget and maintain macro- financial stability of the country, as set out in Chapter III;

Amendment 251 #

Proposal for a regulation
Article 1 – paragraph 2 – point a

(a) Pillar I: financial support to be provided to Ukraine for the delivery of reforms ~~and~~(the ‘Reform Component), investments to implement the Ukraine Plan (the ‘Reconstruction Component’), as well as to maintain macro- financial stability of the country (the ‘Stability Component’), as set out in Chapter III ;

Amendment 252 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2

2. ‘Measures’ means reforms aund ~~investments under~~er the Reform Component, investments under the Reconstruction Component, and budget support for macro-financial stability under the Stability Component as set out in the Ukraine Plan ~~set out~~referred to in Chapter III.

Amendment 253 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3

3. ‘Conditions’ means measurable qualitative or quantitative steps relating to ensuring the maintenance of economic and financial stability or relating to the implementation of the reforms and investments set out in the Ukraine Plan set out in Chapter III.

Amendment 254 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3

3. ‘Conditions’ means qualitative or quantitative steps relating to ensuring the maintenance of economic and financial stability or relating to the effective implementation of the ~~reforms and investment~~measures set out in the Ukraine Plan set out in Chapter III.

Amendment 255 #

Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)

4a. ‘Resilience’ means the ability to face economic, social and environmental shocks or persistent structural changes in a fair, sustainable, and inclusive way.

Amendment 256 #

Proposal for a regulation
Article 2 – paragraph 1 – point 4 b (new)

4b. ‘Do no significant harm’ means not supporting or carrying out economic activities that do significant harm to any environmental objective, where relevant, within the meaning of Article 17 of Regulation (EU) 2020/852.

Amendment 257 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) address the social, economic and environmental consequences of the ~~war~~Russia's war of aggression, thereby contributing to the recovery, reconstruction and modernisation of the country, including the post-war recovery of Ukrainian society;

Amendment 258 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) address the social, economic and environmental consequences of the war, thereby contributing to the recovery, reconstruction and modernisation of the country under a joint mechanism and by shared ownership;

Amendment 259 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) address the social, economic ~~and~~, environmental and psychological consequences of the war, thereby contributing to the recovery, reconstruction and modernisation of the country;

Amendment 260 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) address the social, economic and environmental consequences of the war, thereby contributing to the recovery, reconstruction, restoration, and modernisation of the country;

Amendment 261 #

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) provide temporary payment support, including for recurring expenses, as part of macro-economic assistance to ensure fiscal stability and the continued functioning of the Ukrainian State;

Amendment 262 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) foster democratic, social, economic and environmental resilience, territorial cohesion, and progressive integration into the Union and global economy and markets;

Amendment 263 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) catalyse the green transition and the development of a carbon-neutral and competitive economy, including by building on Ukraine’s access to key natural resources in the green transition;

Amendment 264 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Article 3 – paragraph 1 – point b b (new)

(bb) substantially improve access to capital, including through advancing the institutional banking and insurance framework, to strengthen entrepreneurial activity and advanced research and development;

Amendment 265 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) provide an additional support for Ukraine in adopting and implementing the political, institutional, legal, administrative, social and economic reforms required to comply with Union values and to progressively align ~~with~~to Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, and prosperity ~~and sustainability~~.

Amendment 266 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, convergence towards the Union’s economic standards, prosperity and sustainability.

Amendment 267 #

(c) progressively align with Union rules, values, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, prosperity and sustainability.

Amendment 268 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges ~~and~~, border crossing points, educational and cultural infrastructure and foster modern, improved and resilient infrastructures, which support Ukraine's green transition and the decarbonisation process; restore food production capacities; help address social and health challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, ~~disabled people, minorities and other vulnerable persons; contribute to the demining eff~~war widows/widowers, children, especially those without parental care, disabled people, people with long term (mental) health conditions inflicted by the war, minorities, elderly people, and other persons at-risk; improve the level of accessibility of care, and Ukraine’s transition from institutional care to community-based support;

Amendment 269 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures, equip digital and other critical infrastructures with state-of-the- art and highly-secure tools, excluding high-risk suppliers of critical products; restore food production capacities; help address social challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, disabled people, minorities and other vulnerable persons; contribute to the demining effort; strengthen cyber security and defence as well as resilience against disinformation, foreign information manipulation and interference;

Amendment 270 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; restore natural ecosystems that have been affected by shelling, bombing, mining, and oil pollution caused by military operations; help address social challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, disabled people, minorities and other vulnerable persons; contribute to the demining ~~effort~~and decontamination effort as enablers of recovery and reconstruction work;

Amendment 271 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges ~~stemming from~~aggravated by the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, orphans, disabled people, minorities and other vulnerable persons; help to build inclusive and accessible communities in particular with community-based care for children and persons with disabilities; contribute to the demining effort;

Amendment 272 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming from the war, including for specific groups such as war veterans, victims of war, Internally Displaced Persons, single parents, children without parental care including children in or from institutions, disabled people, minorities and other vulnerable persons; contribute to the demining effort;

Amendment 273 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges notably stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, children without parental care including children in or from institutions, disabled people, minorities and other vulnerable persons; contribute to the demining effort;

Amendment 274 #

Andrzej HALICKI, Ewa KOPACZ, Andrius KUBILIUS, Radosław SIKORSKI

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, ~~disabled people~~children without parental care including the children in institutions, persons with disabilities, minorities and other vulnerable persons; contribute to the demining effort;

Amendment 275 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, children without parental care including children in or from institutions, disabled people, minorities and other vulnerable persons; contribute to the demining effort;

Amendment 276 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming from the war, in particular as regards psychological and psychosocial rehabilitation, including for specific groups such as war veterans, Internally Displaced Persons, single parents, disabled people, minorities and other vulnerable persons; contribute to the demining effort;

Amendment 277 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming from the war, including for specific groups such as young people, war veterans, Internally Displaced Persons, single parents, disabled people, minorities and other vulnerable persons; contribute to the demining effort;

Amendment 278 #

Andrzej HALICKI, Ewa KOPACZ, Andrius KUBILIUS, Radosław SIKORSKI

Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)

(ba) Strengthen the child care and protection systems, including the transition from institutional to family and community-based care, through the development of a wide range of family and community-based services to help support children without parental care and prevent family separation, including the recruitment, strengthening and professionalisation of the social service workforce required to deliver these services. The Facility shall not be used to finance the reconstruction of existing or establishment of new residential institutions.

Amendment 279 #

Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)

(ba) Enhance the child protection and care system including the transition from institutional to family and community based care. The Facility must not be used to fund institutions, including refurbishing, building, or renovating, if it’s not part of a deinstitutionalisation process.

Amendment 280 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) foster the transition to a sustainable, climate neutral and inclusive economy and a stable and innovation-friendly investment environment; support the integration of Ukraine into the European Union’s Single Market; repair, rebuild and improve social infrastructure, such as housing, social and healthcare facilities, ~~schools~~with a specific emphasis on trauma care, schools equipped with wartime facilities such as bomb shelters, and higher education institutions, and research infrastructure; strengthen economic and social development and inclusion, with particular attention to women and girls, and youth, including through quality education, training, reskilling and upskilling, and employment policies, including for researchers; support culture and cultural heritage; strengthen strategic economic sectors ~~and supp~~, foster an institutional framework fort investment and ~~private sector development, with a focus on small and medium-sized enterprises (SMEs) and innovation, as well as on~~competition to enable private citizens, micro- businesses, start-ups, and small and medium-sized business to develop modern and competitive products and services, increasing Ukraine’s capacity to sustainably process its natural resources and market value-add products,, as well as support for sustainable agriculture and rural development, aquaculture and fisheries; restructure Ukraine’s financial markets, including banking sector and capital markets, improving the access to loans and insurance coverage; increase domestic revenue mobilisation; strengthen Ukraine’s ability to trade;

Amendment 281 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) foster the transition to a sustainable and inclusive economy and a stable investment environment; support the integration of Ukraine into the Single Market; repair, rebuild and improve social infrastructure, such as housing, healthcare facilities, schools and higher education institutions, and research infrastructure; strengthen economic and social development, with particular attention to women and youth, including through quality education, training, reskilling and upskilling, and employment policies, including for researchers; support culture and cultural heritage; strengthen strategic economic sectors and support investment and private sector development, with a focus on small and medium-sized enterprises (SMEs) and innovation, as well as on agriculture and rural development, aquaculture and fisheries; strengthen the resilience of Ukraine's society and economy by building a robust system of protected areas, along the paradigm of the EU's Natura 2000 network; restructure Ukraine’s financial markets, including banking sector and capital markets; increase domestic revenue mobilisation; strengthen Ukraine’s ability to trade; take steps into reorienting economy of Ukraine from a resource-centric model to a competitive framework akin to EU member states model, diversify and transition away from a heavy reliance on natural resources.

Amendment 282 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) foster the transition to a sustainable and inclusive economy and a stable investment environment; support the integration of Ukraine into the Single Market; repair, rebuild and improve social infrastructure, such as housing, healthcare facilities, schools and higher education institutions, ~~and research infrastructure;~~physical culture and sports facilities and research infrastructure; repair, restoration and improvement of sports and sports-rehabilitation infrastructure, youth infrastructure, strengthen economic and social development, with particular attention to women and youth, including through quality education, training, reskilling and upskilling, and employment policies, including for researchers; support culture and cultural heritage; strengthen strategic economic sectors and support investment and private sector development, with a focus on small and medium-sized enterprises (SMEs) and innovation, as well as on agriculture and rural development, aquaculture and fisheries; restructure Ukraine’s financial markets, including banking sector and capital markets; increase domestic revenue mobilisation; strengthen Ukraine’s ability to trade;

Amendment 283 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) foster the transition to a sustainable and inclusive economy and a stable investment environment; support the integration of Ukraine into the Single Market; repair, rebuild and improve social infrastructure, such as housing, healthcare facilities, schools and higher education institutions, and research infrastructure; strengthen economic and social development, with particular attention to women and youth, including through quality education, training, reskilling and upskilling, specific exchange programmes for students, researchers and public servants, and employment policies, including for researchers; support culture and cultural heritage; strengthen strategic economic sectors and support investment and private sector development, with a focus on small and medium-sized enterprises (SMEs) and innovation, as well as on agriculture and rural development, aquaculture and fisheries; restructure Ukraine’s financial markets, including banking sector and capital markets; increase domestic revenue mobilisation; strengthen Ukraine’s ability to trade;

Amendment 284 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through strengthening democratic institutions, in particular the Verkhovna Rada, as well as regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds, promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax avoidance, tax evasion and tax fraud; open up oligopolistic markets, counter anti- competitive behaviour, nepotism, favouritism, and artificial barriers to market entry; strengthen compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities, including LGBTI people, and the promotion of gender equality~~; reinforce the effectiveness of public administration~~, gender mainstreaming and the overall empowerment of women and girls; reinforce the effectiveness of public administration, ensure access to information, ensure the participation of civil society in decision making processes and public scrutiny, and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 285 #

Andrzej HALICKI, Ewa KOPACZ, Andrius KUBILIUS, Radosław SIKORSKI

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, aggressive tax planning, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue and civil society involvement; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; promote the rights of children and the rights of persons with disabilities; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 286 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; protect and promote the rights of children and the rights of persons with disabilities; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 287 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality as well as the respect for children's rights; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; reinforce fair economic competition policy; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 288 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime, illicit firearms trafficking and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives ~~and bodie~~, bodies and organisations involved in supporting and enforcing democracy, international justice and anti-corruption efforts in Ukraine;

Amendment 289 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; promote the rights of children and the rights of persons with disabilities; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 290 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; promote and protect the rights of children and persons with disabilities; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 291 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime, oligarch structures and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 292 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote the rights of children, as well as non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 293 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promotion of youth participation; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 294 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption and grand corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non- discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;

Amendment 295 #

Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)

(da) create the conditions for Ukrainian Internally Displace Persons and persons under temporary protection to come back home and get reintegration into the social and economic life of the country;

Amendment 296 #

Proposal for a regulation
Article 3 – paragraph 2 – point d b (new)

(db) create conditions for the reintegration of children and youth, including through the educational programmes supported by the EU so as to fill where necessary the educational gap resulting from the war circumstances; address the needs of young war veterans by providing opportunities for social integration and tackling war-caused traumas;

Amendment 297 #

Proposal for a regulation
Article 3 – paragraph 2 – point e

(e) develop and strengthen a sustainable green transition in all economic sectors, including the transition towards the ~~decarbonisation of its economy; promote the digital transformation as an enabler for sustainable development and inclusive growth~~net zero goal by 2050, in accordance with the Paris Agreement and the Green Deal; support climate change mitigation and adaptation; strengthen Ukraine’s natural habitat by supporting the creation of protected areas in line with the principles of the EU’ Natura 2000 network; improve the awareness of and fight against environmental crime through the full implementation of the Kyiv Protocol on Pollutant Release and Transfer Registers and ensuring compliance with nature protection law; promote the digital transformation as an enabler for sustainable development and inclusive growth; ensure ecological restoration following the environmental damages inflicted by the war and contribute to decontamination, the demining effort and clearance of other explosive remnants of war as well as oil or chemical pollution caused by military activity; contribute to the efforts to document, map and measure the damage and related consequences;

Amendment 298 #

Proposal for a regulation
Article 3 – paragraph 2 – point f

(f) support political and administrative decentralisation and local development, especially by ensuring meaningful consultation and a level playing field for all levels of government when accessing funds via open, fair, neutral, and transparent procedures.

Amendment 299 #

Proposal for a regulation
Article 3 – paragraph 2 – point f

(f) support decentralisation and local development. in accordance with plans put forward by Ukraine;

Amendment 300 #

Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)

(fa) support cross-border cooperation with EU Member States bordering with Ukraine in the areas such as trade, environment protection, fight against international crime.

Amendment 301 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Article 4 – paragraph 1

1. Cooperation under the Facility shall be based on and shall promote the development effectiveness principles, where applicable, across all modalities, namely ownership of development priorities by Ukraine, a focus on results, inclusive development partnerships, transparency and mutual accountability. The cooperation shall be based on needs- based, effective and efficient resources allocation and use. All parties shall take utmost care to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use.

Amendment 302 #

Proposal for a regulation
Article 4 – paragraph 1

1. Cooperation under the Facility shall be based on and shall promote the development effectiveness principles, where applicable, across all modalities, namely shared ownership of development priorities by Ukraine and the Union, a focus on results, inclusive development partnerships, transparency and mutual accountability. The cooperation shall be based on effective and efficient resources allocation and use.

Amendment 303 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Article 4 – paragraph 2

2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments. Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost and that appropriate oversight and budget control is established.

Amendment 304 #

Proposal for a regulation
Article 4 – paragraph 2

2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments, including under the Instrument for Pre- accession (IPA). Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost.

Amendment 305 #

Proposal for a regulation
Article 4 – paragraph 3

3. In order to promote the complementarity and efficiency of their action and initiative, the Commission and the Member States shall cooperate and shall strive to avoid duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities, such as international organisations and the relevant International Financial Institutions, agencies and non-Union donors, in line with the established principles for strengthening operational coordination in the field of external assistance, including through enhanced coordination with Member States at local level and through the harmonisation of policies and procedures, in particular the international principles on development effectiveness. The Commission shall facilitate the establishment and coordination of decentralised implementation frameworks and know- how for resource allocation and use, with a particular emphasis on supporting SMEs and civil society actors.

Amendment 306 #

Proposal for a regulation
Article 4 – paragraph 3

3. In order to promote the complementarity and efficiency of their action and initiative, the Commission and the Member States shall ~~cooperate and shall strive~~make effective use of the 'Team Europe' approach to avoid duplication between assistance under this Regulation and other assistance provided by the Union, the Member States, third countries, multilateral and regional organisations and entities, such as international organisations and the relevant International Financial Institutions, agencies and non-Union donors, in line with the established principles for strengthening operational coordination in the field of external assistance, including through enhanced coordination with Member States at local level and through the harmonisation of policies and procedures, in particular the international principles on development effectiveness.

Amendment 307 #

Proposal for a regulation
Article 4 – paragraph 4

4. Activities under the Facility must comply with the climate and environmental standards of the EU and all spending must be subject to Environmental Impact Assessment procedures. Activities under the Facility shall mainstream climate change mitigation and adaptation, environmental protection and conservation of ecosystems, human rights, democracy, gender equality and, where relevant, disaster risk reduction and sustainable water management, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co- benefits and meet multiple objectives in a coherent way. They should avoid stranded assets, and shall be ~~guided by~~compatible with the principles of ‘do no ~~harm’ and of ‘l~~significant harm’, within the meavning ~~no one behind’~~of Article 17 of Regulation (EU) 2020/852, as well as bywith the sustainability mainstreaming approach underpinning the European Green Deal, and shall be guided by the ‘leaving no one behind principle.

Amendment 308 #

Proposal for a regulation
Article 4 – paragraph 4

4. Activities under the Facility shall mainstream climate change mitigation and adaptation, environmental protection, human rights, democracy, gender equality and, where relevant, disaster risk reduction, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co-benefits and meet multiple objectives in a coherent way. They should avoid stranded assets, and shall be ~~guided by~~compatible with the principles of ‘do no harm’ and of ‘leaving no one behind’ to the best possible extent in a war-torn country, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.

Amendment 309 #

Proposal for a regulation
Article 4 – paragraph 4

4. Activities under the Facility shall mainstream climate change mitigation and adaptation, environmental protection, human rights, democracy, gender equality and, where relevant, disaster risk reduction and nuclear safety, and shall support progress towards the Sustainable Development Goals, promoting integrated actions that can create co-benefits and meet multiple objectives in a coherent way. They should avoid stranded assets, and shall be guided by the principles of ‘do no harm’ and of ‘leaving no one behind’, as well as by the sustainability mainstreaming approach underpinning the European Green Deal.

Amendment 310 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Facility shall not support activities or measures which do not comply with the ‘do no significant harm’ principle or which are incompatible with Ukraine’s National Energy and Climate Plan, ~~if available,~~ with Ukraine’s Nationally Determined Contribution under the Paris Agreement, or that promote investments in fossil fuels, or that cause significant adverse effects on the environment or, the climate~~, unless such activities or measures are strictly necessary to achieve the objectives of the Facil~~ or biodiversity, taking into account the need to rebuild and modernise infrastructure and restore nature damaged by the war in a resilient way, and they are accompanied, where relevant, by appropriate measures to avoid, prevent or reduce and, if possible, offset these effects.

Amendment 311 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Facility shall not support activities or measures which are incompatible with Ukraine’s National Energy and Climate Plan, if available, with Ukraine’s Nationally Determined Contribution under the Paris Agreement, ~~or that promote investments in fossil fuels,~~ or that cause significant adverse effects on the environment or the climate, unless such activities or measures are strictly necessary to achieve the objectives of the Facility, taking into account the need to rebuild and modernise infrastructure damaged by the war in a resilient way, and they are accompanied, where relevant, by appropriate measures to avoid, prevent or reduce and, if possible, offset these effects.

Amendment 312 #

Proposal for a regulation
Article 4 – paragraph 6

6. In line with the ~~principle of inclusive partnership, where appropriate~~EU Partnership Principle and the EU Code of Conduct, the Commission shall ~~strive to ensur~~guarantee that relevant stakeholders, including the Verkhovna Rada, local and regional authorities, social partners and civil society organisations, are duly and fairly consulted and have timely access to relevant information to allow them to ~~play a~~ meaningful ~~role dur~~ly participate in shaping the design ~~and~~, implementation of activities eligible for funding under this Facility, and in the related monitoring ~~processes~~, scrutiny and evaluation processes. Such involvement shall seek to represent the pluralism of the Ukrainian society and business community. The Commission shall in particular promote the involvement of the Verkhovna Rada, as well as regional, or local~~, urban and other~~ representative bodies and public authorities, in accordance with the multi- level governance principle and taking into account a bottom-up approach. The Commission shall en~~courage coordination among the relevant stakeholders.~~ sure that the Verkhovna Rada is meaningfully consulted on the entirety of the Plan before the submission to the European Commission and is able to fully fulfil sufficient inquiry and monitoring duties during and after the duration of the Facility. The Commission shall continuously assess the degree to which the involvement of stakeholders is fair and representative of the pluralism of interests in Ukrainian society and business communities, in particular by assessing whether actors of different sizes and with differing or opposing interests have been appropriately consulted. The Commission shall encourage coordination among the relevant stakeholders. The Commission shall ensure that civil society in Ukraine is able to directly report any irregularities they may detect to the Commission via appropriate standing channels and platforms.

Amendment 313 #

Proposal for a regulation
Article 4 – paragraph 6

6. In line with the principle of inclusive partnership, where appropriate, the Commission shall strive to ensure that relevant stakeholders, including local and regional authorities, social partners and civil society organisations, are duly consulted and have timely access to relevant information to allow them to play a meaningful role during the design and implementation of activities eligible for funding under this Facility, and in the related monitoring processes. For this purpose, the Commission shall encourage the efforts for more accessibility and inclusiveness of different communities in Ukraine. The Commission shall ingive particular attention to the participation of women in consultations, as well as the inclusion of vulnerable groups, such as war veterans and persons with disabilities. The Commission shall in particular promote the involvement of regional, local, urban and other public authorities, in accordance with the multi-level governance principle and taking into account a bottom-up approach. The Commission shall encourage coordination among the relevant stakeholders.

Amendment 314 #

Viola VON CRAMON-TAUBADEL

Proposal for a regulation
Article 4 – paragraph 7

7. The Commission, in cooperation with the Member States and Ukraine, shall ~~contribute to~~ensure the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the full implementation of the Aarhus Convention and the implementation and reinforcement of internal control systems and anti-fraud policies~~, and by~~. The Commission shall mak~~ing~~e information on the volume and allocation of assistance publicly available through ~~web-based databas~~a single webportal mentioning the names or legal identity of the 2 000 largest final beneficiaries, and shall ~~ensure that data is comparable and can be easily accessed, shared and published.~~ final beneficiaries that received cumulative amounts higher than EUR 50 000 as well as the total amounts received and shall ensure that data are up-to-date, easily accessible, available in machine readable format and comparable.

Amendment 315 #

Proposal for a regulation
Article 4 – paragraph 7

7. The Commission, in cooperation with the Member States and Ukraine, shall ~~contribute to~~ensure the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the full implementation of the Aarhus Convention and the implementation and reinforcement of internal control systems and anti-fraud policies, ~~and by making~~inter alia by reinstating the electronic declarations for Ukrainian officials and by making them public immediately and retrospectively. The Commission, shall make the information on the volume and allocation of assistance publicly available through ~~web-based databas~~a single webportal mentioning the names or legal identity of the 2 000 largest final beneficiaries, and shall ~~ensure that data is comparable and can be easily accessed, shared and published~~final beneficiaries that received cumulative amounts higher than EUR 50 000 as well as the total amounts received and shall ensure that data are up-to-date, easily accessible, available in machine readable format and comparable.

Amendment 316 #

Proposal for a regulation
Article 4 – paragraph 7

7. The Commission, in cooperation with the Member States and Ukraine, shall contribute to the implementation of Union commitments to increased transparency and accountability in the delivery of assistance, including by promoting the implementation and reinforcement of internal control systems and anti-fraud policies, and by making information on the volume and allocation of assistance available through ~~web-based databases~~a single webportal, and shall ensure that data is comparable and can be easily accessed, shared and published. The data available in this webportal shall be accessible to the European Parliament and the Verkhovna Rada of Ukraine.

Amendment 317 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system~~, and the rule of law, and~~ at all levels of government, appropriate checks and balances, including transparent and institutional budget allocation and monitoring processes and the rule of law, free and fair elections as appropriate in line with Ukraine’s constitution, to guarantee respect for human rights, including the rights of persons belonging to minorities.

Amendment 318 #

Dimitrios PAPADIMOULIS

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine ~~continues to~~ upholds and respects effective democratic mechanisms, including a multi- party parliamentary system, media freedom and the rule of law, ~~and to~~ guarantees respect for human rights, including the rights of persons belonging to minorities, and takes effective measures for the protection of the financial interests of the Union, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities.

Amendment 319 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine ~~continue~~returns to upholding and respecting effective democratic mechanisms, including ~~a multi-party parliamentary system, and~~reversing the banning of multiple opposition political parties, restoring the multi-party parliamentary system, restores workers collective bargaining rights, reverses bans on opposition media organisations and ceases attacks on press freedom, upholds the rule of law, and to guarantees respect for human rights, including the rights of persons belonging to minorities.

Amendment 320 #

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, in~~cluding a multi-party parliamentary system,~~stitutions and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities; it would also include a strengthened focus on economic development and improved competitiveness, which are the crucial areas of Ukraine's EU accession process.

Amendment 321 #

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, ~~and~~ to guarantee respect for human rights, including the rights of persons belonging to minorities. , and to continue to fight corruption and build adequate safeguards and institutions for countering it;

Amendment 322 #

Joachim KUHS, Eric MINARDI

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities and to work towards increased women's participation in decision- making.

Amendment 323 #

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, fight against fraud and corruption, and to guarantee respect for human rights, including the rights of persons belonging to minorities.

Amendment 324 #

Proposal for a regulation
Article 5 – paragraph 1

1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold, develop and respect effective democratic mechanisms, including a multi-party parliamentary system and democratic opposition, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities.

Amendment 325 #

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission shall monitor the fulfilment of the precondition set out in paragraph 1 before disbursements to Ukraine under the Facility are made and throughout the period of the support provided under the Facility taking duly into account the Commission’s regular enlargement report. The Commission shall take into account the relevant recommendations of international bodies, such as the Council of Europe and its Venice Commission in this process. The Commission may adopt a decision concluding that this precondition is not met, and in particular, suspend the payments referred to in Article 25, irrespective of the fulfilment of conditions referred to in Article 15(2). In its assessment, the Commission shall also take into account the context in Ukraine, and the consequences of the application there of martial law.

Amendment 326 #

Joachim KUHS, Eric MINARDI

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission shall monitor the fulfilment of the precondition set out in paragraph 1 before disbursements to Ukraine under the Facility are made and throughout the period of the support provided under the Facility taking duly into account the Commission’s regular enlargement report. The Commission may adopt a decision concluding that this precondition is not met, and in particular, suspend the payments referred to in Article 25, irrespective of the fulfilment of conditions referred to in Article 15(2). In its assessment, the Commission shall also take into account the context in Ukraine, and the consequences of the application there of martial law. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and the Council.

Amendment 327 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) 78 % in the form of ~~non-~~repayable financial support pursuant to Chapter III of this Regulation; repayment shall start within the feasible timeline for Ukraine;

Amendment 328 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) 678 % in the form of non-repayable financial support pursuant to Chapter III of this Regulation;

Amendment 329 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) 16 24% for expenditure pursuant to Chapter IV;

Amendment 330 #

Proposal for a regulation
Article 6 – paragraph 1 – point c

Amendment 331 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

The financial support pursuant to Chapter III in the form of a loan, shall be available for an amount of up to EUR 50 000 000 000 in current prices for the period from 1 January 2024 to 31 December 2027 for all types of support.

Amendment 332 #

Eider GARDIAZABAL RUBIAL, Michael GAHLER

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

The financial support pursuant to Chapter III in the form of a loan, shall be available for an amount of ~~up to~~at least EUR 50 000 000 000 for the period from 1 January 2024 to 31 December 2027.

Amendment 333 #

Proposal for a regulation
Article 6 – paragraph 3

3. The sum of the resources made available pursuant to paragraphs 1 and 2 shall not exceed EUR 50 000 000 000 for the period 2024 to 2027. The amounts shall be mobilised annually in the budget over and above the ceilings of the Multiannual Financial Framework by the budgetary authority. The nomenclature of the Ukraine Reserve shall be composed of additional budgetary lines, corresponding to each of the pillars in which the proposal is structured.

Amendment 334 #

Proposal for a regulation
Article 6 – paragraph 3

3. The sum of the resources made available pursuant to paragraphs 1 and 2 shall not exceed EUR 50 000 000 000 in current prices for the period 2024 to 2027.

Amendment 335 #

Proposal for a regulation
Article 6 – paragraph 3

3. The sum of the resources made available pursuant to paragraphs 1 and 2 shall ~~not exceed~~be at least EUR 50 000 000 000 for the period 2024 to 2027.

Amendment 336 #

Proposal for a regulation
Article 6 – paragraph 5

5. The resources referred to in point paragraphs 1(d) and 4 may be used for technical and administrative assistance for the implementation of the Facility, both for the EU and Ukrainian civil society organisations and experts, such as preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular studies, meetings of experts, consultations with the Ukrainian authorities, conferences, consultation of stakeholders, including local and regional authorities and civil society organisations, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management and costs of the Facility at headquarters and in Union delegations. Expenses may also cover the costs of other supporting activities such as quality control and independent monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.

Amendment 337 #

Proposal for a regulation
Article 6 – paragraph 5

5. The resources referred to in point paragraphs 1(d) and 4 may be used for technical and administrative assistance for the implementation of the Facility, such as preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular studies, meetings of experts, consultation~~s with the Ukrainian authorities, conferences, consultation of stakeholder~~ of stakeholders, including local and regional authorities and civil society organisations, information and communication actions, including inclusive outreach actions, ~~and corporate communication of the political priorities of the Union,~~ insofar as they are strictly related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management and costs of the Facility at headquarters and in Union delegations. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.

Amendment 338 #

Proposal for a regulation
Article 6 – paragraph 5

5. The resources referred to in point paragraphs 1(d) and 4 may be used for technical and administrative assistance for the implementation of the Facility, such as preparatory actions, monitoring, control, audit and evaluation activities, which are required for the management of the Facility and the achievement of its objectives, in particular trainings, studies, meetings of experts, consultations with the Ukrainian authorities, conferences, consultation of stakeholders, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management and costs of the Facility at headquarters and in Union delegations. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of reforms and investments.

Amendment 339 #

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1

Member States, third countries, international organisations, international financial institutions or other sources may provide additional financial contributions to the Facility. Such contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a)(ii), (d), and (e) of Regulation (EU, Euratom) 2018/1046. Moreover, the Facility shall be open for additional financial contributions coming from the Russian frozen and / or confiscated assets and funds should the relevant legal framework to do so be put in place;

Amendment 340 #

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1

Member States, third countries, international organisations, international financial institutions or other sources may provide additional financial contributions to ~~the Facility~~one or more of the Pillars of the Facility referred to in Article 6 (1), points (a), (b) and (c), without being bound by the indicative allocation referred to in that Article. Such contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a)(ii), (d), and (e) of Regulation (EU, Euratom) 2018/1046.

Amendment 341 #

Additional amounts received as external assigned revenue within the meaning of Article 21(5) of Regulation (EU, Euratom) 2018/1046 under the relevant Union legal acts in relation to restrictive measures in view of Russia's actions destabilising the situation in Ukraine shall be added to the resources referred to in Article 6. In accordance with the applicable rules of customary international law, any assets, together with the proceeds thereof, confiscated from the Russian Federation and the Republic of Belarus or any proceeds and accrued interest obtained from managing the assets of the Russian Federation and the Republic of Belarus frozen pursuant to EU restrictive measures, may also be received as additional amounts as external assigned revenue within the meaning of Regulation (EU, Euratom) 2018/1046, under any relevant Union legal act to be adopted in future.

Amendment 342 #

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 a (new)

Additional amounts received as a result of asset confiscation in the context of Russian aggression against Ukraine and relevant sanction violation shall be added to the resources referred to in Article 6. These additional amounts should contribute to the Facility and be used in the form of grants, coming on top and in addition to the resources avalable under this Facility.

Amendment 343 #

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 b (new)

In principle, and subject to respect for applicable rules of customary international law, the proceeds obtained from managing of assets confiscated from the Russian Federation and the Republic of Belarus, may also be received as additional amounts as external assigned revenue within the meaning of Regulation (EU, Euratom) 2018/1046, under any relevant Union legal act to be adopted in future. The use of proceeds shall be envisaged under this Facility under the condition that it does not slow down or impede the use of confiscated assets for this Facility.

Amendment 344 #

Proposal for a regulation
Article 8 – paragraph 3

3. Financial instruments, budgetary guarantees and blending operations combining support from financial instruments or budgetary guarantees under the Facility shall be implemented in accordance with the principles laid down in Title X, and in particular Articles 208 and 209(1), (2) and (4), of Regulation (EU, Euratom) 2018/1046. Depending on the required operational and financial capacity, the counterpart of the budgetary guarantee, or the entrusted entity implementing financial instruments, may be the European Investment Bank or the European Investment Fund, a multilateral European finance institution, such as the European Bank for Reconstruction and Development, or a bilateral ~~European~~ finance institution, such as development banks, which may involve national and local private and state- controlled financial institutions in Ukraine in the implementation of the instruments. Whenever possible, the implementation of financial instruments, budgetary guarantees and blending operations under the Facility shall be complemented by additional forms of financial support, from either Member States or third parties.

Amendment 345 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Article 8 – paragraph 3 a (new)

3a. notes that the EU budget is the sole guarantor for the European Investment Bank’s (EIB) activity outside the EU; calls, therefore, for additional guarantees for the EIB, including for blending instruments, to allow for further EIB engagement in Ukraine, involving local and EU stakeholders.

Amendment 346 #

Ukraine Facility programming framework and Framework agreement

Amendment 347 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Article 9 – paragraph 1

1. Assistance under this Regulation shall be based on a Ukraine Facility programming framework for the delivery of the specific objectives referred to in Article 3. The Commission shall establish the Ukraine Facility programming framework for the duration of the current multiannual financial framework 2021- 2027. The Ukraine Facility programming framework shall be developed in accordance with the policy framework and general principles set out in Article 4. The Ukraine Facility programming framework shall include indicators for assessing progress towards the achievement of the specific objectives referred to in Article 3. The Ukraine Facility will havea a shared ownership between the Union and Ukraine and will establish an institutional public and private finance management and reform capacity under a joint programming and implementation mechanism for rebuilding of Ukraine, which is adequate to the needs of its recovery, reconstruction and modernisation. The Commission shall conclude a framework agreement with Ukraine for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, investigate and correct irregularities, fraud, corruption and conflicts of interest. The framework agreement shall be complemented by financing agreements in accordance with Article 10 and loan agreements in accordance with Article 21, setting out specific provisions for the management and implementation of funding under the Facility.

Amendment 348 #

Proposal for a regulation
Article 9 – paragraph 1

1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest. The framework agreement shall be complemented by financing agreements in accordance with Article 10 and loan agreements in accordance with Article 21, setting out specific provisions for the management and implementation of funding under the Facility. That framework agreement, including any related documentation, shall be transmitted to the European Parliament and the Council simultaneously and without delay and shall be made public.

Amendment 349 #

Proposal for a regulation
Article 9 – paragraph 1

1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, investigate and correct irregularities, fraud, corruption and conflicts of interest and to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility. The framework agreement shall be complemented by financing agreements in accordance with Article 10 and loan agreements in accordance with Article 21, setting out specific provisions for the management and implementation of funding under the Facility.

Amendment 350 #

Proposal for a regulation
Article 9 – paragraph 1

Amendment 351 #

Proposal for a regulation
Article 9 – paragraph 4 – point a

(a) the commitment of Ukraine to ~~progress towards more efficient and effective control systems,~~strictly prioritise the establishment of efficient and effective control systems which are able to effectively prevent, detect, investigate and correct irregularities, fraud, corruption and conflict of interests as well as to avoid, report and counter any corrupt practices, nepotism, favouritism or undue regional or sectoral concentration of resource allocation or use and to strengthen the fight against money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion;

Amendment 352 #

Proposal for a regulation
Article 9 – paragraph 4 – point a

(a) the commitment of Ukraine to progress towards ~~more efficient and effective control systems, and~~a robust legal framework to fight fraud by means of criminal law, more efficient and effective control systems, including appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflict of interests as well as to strengthen the fight against money laundering, organised crime, terrorism financing, tax avoidance, tax fraud or tax evasion;, and other illegal activities affecting the funds provided under the Facility.

Amendment 353 #

Proposal for a regulation
Article 9 – paragraph 4 – point a

(a) the commitment of Ukraine to progress towards more efficient and effective control systems, and to strengthen rule of law and the fight against money laundering, corruption, oligarch structures, misuse of public funds, terrorism financing, tax avoidance, tax fraud or tax evasion;

Amendment 354 #

Proposal for a regulation
Article 9 – paragraph 4 – point b

(b) the activities related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, as well as detections, investigations, prosecutions, anti- fraud measures and cooperation, including mutual legal assistance in criminal matters and extradition;

Amendment 355 #

Proposal for a regulation
Article 9 – paragraph 4 – point b a (new)

(ba) the establishment of a monitoring committee, as referred to in Article 18a, to coordinate the involvement of civil society and experts in the evaluation and monitoring of the allocation and use of resources, in line with the European Code of Conduct on Partnerships;

Amendment 356 #

Proposal for a regulation
Article 9 – paragraph 4 – point b a (new)

(ba) establishing monitoring committees according to the European Code of Conduct on Partnership following the best practices for the preparation of calls for proposals, progress reports, monitoring and evaluation.

Amendment 357 #

Proposal for a regulation
Article 9 – paragraph 4 – point f

(f) the obligation for persons or entities implementing Union funds under the Facility to notify without delay the Audit Board, the Commission ~~and~~, OLAF ~~without delay~~and, where applicable, the EPPO, of suspected or actual cases of irregularities, fraud, corruption, and conflict of interests, and other illegal activities affecting the funds provided under the Facility and their follow-up;.

Amendment 358 #

Proposal for a regulation
Article 9 – paragraph 4 – point f a (new)

(fa) the commitment of Ukraine to respecting the ‘do no significant harm’ principle, in line with Regulation 2020/852, for all expenditure under this Regulation;

Amendment 359 #

Proposal for a regulation
Article 9 – paragraph 4 – point g

(g) the right of the Commission to monitor activities under the Facility carried out by the Ukrainian authorities, along the whole project cycle, including inter alia projects selection and award procedures including for public procurement, to take part in these as observer, as appropriate, and to make recommendations for the improvement of such activities and commitment from the Ukrainian authorities to ~~do their best efforts to~~ implement such recommendations of the Commission and to report on this implementation;

Amendment 360 #

Proposal for a regulation
Article 9 – paragraph 4 – point h

(h) the obligations referred to in Article 33(2), including precise rules and timeframe on collection of data by Ukraine and access for the Commission ~~and OLAF;~~, OLAF and, where applicable, direct reporting to the EPPO.

Amendment 361 #

(i) the obligation for Ukraine to transmit electronically, in a machine readable form and on a single web portal, to the Commission the data referred to in Article 26;

Amendment 362 #

Proposal for a regulation
Article 10 – paragraph 1

1. Financing agreements shall be concluded for Chapters III and V and set out measureable qualitative and quantitative steps linked to the disbursement of funds under this Regulation. They shall set out the responsibilities and obligations of Ukraine in the implementation of Union funds, including the obligations set out in Article 129 of Regulation (EU, Euratom) 2018/1046. They shall also set out the conditions for payment of the non- repayable financial support, including in relation to Article 5(1), the implementation of the Framework agreement mentioned in Article 9, including the internal control systems as referred to in Article 9(4), points (a) and (c). The financing agreements shall also set out the Union’s rights and obligations. They shall be transmitted to the European Parliament and the Council simultaneously.

Amendment 363 #

Proposal for a regulation
Article 10 – paragraph 2

2. The financing agreements shall include rules on reporting to the Commission on how activities are carried out, and on whether the conditions mentioned in Article 15(2) are fulfilled, including by allowing the examination of the fulfilment of milestones and targets connected to reforms and investments.

Amendment 364 #

Nathalie LOISEAU, Sven MIKSER, Markéta GREGOROVÁ, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 11 – paragraph 1 – point a

(a) Member States, Ukraine, contracting parties to the Agreement on the European Economic Area and countries covered by Annex I to Regulation (EU) 2021/947 and Annex I to Regulation (EU) 2021/1529 of the European Parliament and of the Council22 , as well as United Kingdom; _________________ 22 Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession assistance (IPA III) (OJ L 330, 20.9.2021, p. 1).

Amendment 365 #

Proposal for a regulation
Article 11 – paragraph 7 – point b

(b) where the action or specific award procedures affect security or public order, in particular concerning strategic assets and interests of the Union, its Member States, or Ukraine, including the protection of the integrity of digital infrastructure, communication and information systems, and related supply chains, especially where there is a risk of influence by governments of states classified as systemic rivals of the Union.

Amendment 366 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Commission shall ~~inform~~submit to the European Parliament and the Council ofinformation on commitment appropriations carried over, including the amounts involved, in accordance with Article 12(6) of Regulation (EU, Euratom) 2018/1046.

Amendment 367 #

2. For the purpose of paragraph 1, where the Commission finds that it is impossible for Ukraine to fulfil the conditions attached to the forms of support under this Regulation due to such duly justified exceptional circumstances, ~~it may submit to the Council a proposal for an implementing decision providing exceptional financing to Ukraine under the Facilit~~the Commission is empowered to adapt a delegated Act in accordance with Article 38 to supplement this Regulation with provisions setting out exceptional financing to Ukraine under the Facility. The Commission’s assessment shall be transmitted to the European Parliament and Council, simultaneously.

Amendment 368 #

Proposal for a regulation
Article 15 – paragraph 1

1. The Ukraine Plan shall set out the reform and investment agenda of Ukraine, integrated in an economic and fiscal policy framework, towards the achievement of the general and specific objectives mentioned in Article 3. The Plan shall comprise ~~measures for the implementation of reforms and public investment through a comprehensive and coherent package, which may also include public schemes that aim to incentivise private investments.~~ a comprehensive and coherent package, comprised of three components: a) measures for the implementation of reforms (the “Reform Component”); b) budget support for macro-financial stability (the “Stability Component”), and; c) measures for public investment, including public schemes that aim to incentivise private investments (the “Reconstruction Component”). The Plan shall address each of those components and the related measures separately and, where possible, provide indicative budgeted costs over the course of the Facility for each category. For investments under the Reconstruction Component, measurable and achievable milestones and targets shall be defined and reviewed by the Commission.

Amendment 369 #

Proposal for a regulation
Article 15 – paragraph 2

2. The Facility shall provide financing under this Chapter upon satisfactory fulfilment of conditions stemming from the Plan, taking the form of measurable qualitative or quantitative steps, agreed in the Financing agreement. Such conditions shall reflect the different objectives of the Facility, as defined in Article 3, and general principles, reflected in Article 4 and shall include conditions related to essential requirements, such as the maintenance of economic and financial stability, budget oversight and public financial management, and conditions related to the implementation of the reforms and investments set out in the Plan., including the adherence to the ‘do no significant harm’ principle and a commitment by Ukraine to take utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use

Amendment 370 #

Proposal for a regulation
Article 15 – paragraph 2

Amendment 371 #

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2a. At least 50% of any planned investments falling under the Reconstruction Component in Pillar I, referred to in Article 15(1), shall contribute to the green transition or to addressing the challenges resulting therefrom, based on the methodology for climate and environmental tracking set out in an annex VI of [Regulation 2021/241 Establishing the Recovery and Resilience Facility]. That methodology shall be used accordingly for measures that cannot be directly assigned to an intervention field listed in Annex VI 2021/2041.

Amendment 372 #

Proposal for a regulation
Article 15 – paragraph 3

3. The conditions mentioned in ~~paragraph 2 shall reflect~~this Article shall apply to the amounts referred to in Article 6(1)(a) and (2) and relevant contributions under paragraph 4 of that Article.

Amendment 373 #

Proposal for a regulation
Article 15 – paragraph 5

5. The Ukraine Plan shall ~~be consistent wi~~contribute to a significant subset of the reform priorities identified in the context of Ukraine’s accession path, as outlined in the Commission Opinion and the Analytical Report, and the Association Agreement including a Deep and Comprehensive Free Trade Agreement~~. It shall also~~ and shall in all parts be consistent with these priorities. It shall also contribute to and be consistent with Ukraine’s Nationally Determined Contribution under the Paris Agreement and~~, if available,~~ the National Energy and Climate Plan, while ensuring it does not do significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’).

Amendment 374 #

Proposal for a regulation
Article 16 – paragraph 2 – point a

(a) measures constituting a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including ~~structural~~ reforms and measures to promote the convergence with the Union as well as measures referred to in article 15(2), so that the Plan as a whole raises the growth rate of the Ukrainian economy, reduces economic and social inequalities and ensures tangible progress of Ukraine towards EU social, economic, and environmental standards;

Amendment 375 #

Proposal for a regulation
Article 16 – paragraph 2 – point a

(a) measures under the components established under Article 15(1), constituting a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union as well as ~~measure~~the application of the conditions referred to in aArticle 15(2)~~, so that the Plan as a whole raises the growth rate of the Ukrainian economy~~;

Amendment 376 #

Proposal for a regulation
Article 16 – paragraph 2 – point a a (new)

(aa) an explanation of how the Plan contributes to effectively addressing all or a significant subset of challenges identified in the Commission Opinion on Ukraine’s application for membership of the European Union, or challenges identified in other relevant documents officially adopted by the Commission in the context of the Ukraine’s application for membership of the European Union;

Amendment 377 #

Proposal for a regulation
Article 16 – paragraph 2 – point b

(b) an explanation of how the Plan isand its measures are consistent with the general principles, referred to in Article 4, as well as requirements, plans and programmes referred to in Article 15~~(5)~~;

Amendment 378 #

Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)

(ba) a qualitative explanation of how the measures in the Plan are expected to contribute to climate change mitigation and adaptation, environmental protection, to the green transition, including biodiversity, or to addressing the challenges resulting therefrom, and whether they account for an amount that represents at least 20% of the Plan’s total allocation, based on the methodology for climate tracking set out in an annex to this Regulation;

Amendment 379 #

Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)

(ba) an explanation of how Ukraine has taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use;

Amendment 380 #

Proposal for a regulation
Article 16 – paragraph 2 – point b b (new)

(bb) an explanation of how the Plan ensures that the measures included in the Plan are compatible with the principles of ‘do no harm’ and of ‘leaving no one behind’ and, that no measure included in the Plan is incompatible with Ukraine’s National Energy and Climate Plan, if available, with Ukraine’s Nationally Determined Contribution under the Paris Agreement, or that promote investments in fossil fuels;

Amendment 381 #

Proposal for a regulation
Article 16 – paragraph 2 – point c

(c) for the reforms and investments, an indicative timetable, and the envisaged measurable qualitative and quantitative steps to be implemented by 31 December 2027;

Amendment 382 #

Proposal for a regulation
Article 16 – paragraph 2 – point c

(c) for measures under the rReform~~s and investm~~ Components , an indicative timetable, and the envisaged qualitative and quantitative steps to be implemented by 31 December 2027;

Amendment 383 #

Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)

(ca) for measures under the Reconstruction Component, measurable and achievable milestones and targets, an indicative ex-ante costing, as well as an explanation on how these measures are consistent with the requirements of Article 15, in particular paragraphs (3) and (6) thereof;

Amendment 384 #

Proposal for a regulation
Article 16 – paragraph 2 – point d

(d) the arrangements for the effective monitoring, reporting and evaluation of the Ukraine Plan by Ukraine, including the proposed qualitative and quantitative steps, and the related indicators, as well as the proposed comprehensive and timely involvement of the Verkhovna Rada and the Monitoring Committee, referred to in Article [18a] ;

Amendment 385 #

Proposal for a regulation
Article 16 – paragraph 2 – point d

(d) the arrangements for the effective monitoring, reporting and evaluation of the Ukraine Plan by Ukraine, including the proposed measurable qualitative and quantitative steps, and the related indicators;

Amendment 386 #

Proposal for a regulation
Article 16 – paragraph 2 – point e

(e) an explanation of how the Plan corresponds to the recovery, restoration, reconstruction and modernisation needs stemming from ~~the war~~Russia’s war of aggression in Ukraine’s regions and municipalities, and thereby enhances their inclusive economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; this explanation shall take into account the powers, tasks and responsibilities assigned to different levels of government; an explanation of the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities, as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities; the methodology used to track related expenditure; and an explanation of how the Plan ensures that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support;

Amendment 387 #

Proposal for a regulation
Article 16 – paragraph 2 – point e

(e) an explanation of how the Plan corresponds to the recovery, reconstruction and modernisation needs stemming from the war in Ukraine’s regions and municipalities, and thereby enhances their economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; an explanation of the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities, in decision-making on the use of support in the reconstruction process at local level; the methodology used to track related expenditure; and an explanation of how the Plan ensures that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support; this explanation is intended to cover twinning and partnerships between cities, as well as peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and Ukraine.

Amendment 388 #

Włodzimierz CIMOSZEWICZ, Carina OHLSSON

Proposal for a regulation
Article 16 – paragraph 2 – point e

(e) an explanation of how the Plan corresponds to the recovery, reconstruction and modernisation needs stemming from the war in Ukraine’s regions and municipalities, and thereby enhances their economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; an explanation of the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities, as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level; the methodology used to track related expenditure; and an explanation of how the Plan ensures that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support;

Amendment 389 #

Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)

(ea) an explanation of how the Plan is expected to promote gender equality and the empowerment of women and girls, and seek to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions;

Amendment 390 #

Proposal for a regulation
Article 16 – paragraph 2 – point f

(f) for the preparation and, where available, for the implementation of the Ukraine Plan, a summary of the consultation process, conducted in accordance with the national legal framework, of relevant stakeholders, including ~~local and regional~~the Verkhovna Rada, local and regional representative bodies and authorities, social partners and civil society organisations, and how the input of these stakeholders is reflected in the Ukraine Plan;

Amendment 391 #

Proposal for a regulation
Article 16 – paragraph 2 – point g

(g) an explanation of the extent to which the measures under the Plan are expected to contribute to climate, biodiversity, and environmental objectives of Ukraine and the EU acquis; an explanation on how the plan ensures that no measure for the implementation of reforms and investments included in that plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852 (the principle of ‘do no significant harm’);

Amendment 392 #

Proposal for a regulation
Article 16 – paragraph 2 – point g

(g) an explanation of the extent to which the measures under the Plan are expected to contribute to climate and environmental objectives of Ukraine and the acquis communitaire;

Amendment 393 #

(ga) an explanation of the extent to which the measures under the Plan are expected to contribute to social objectives, equality and inclusion of at-risk groups, such as persons with disabilities and older people and ensure the best interest of children;

Amendment 394 #

Proposal for a regulation
Article 16 – paragraph 2 – point g a (new)

(ga) The plan should ensure contribution to environmental and climate objectives, through establishment of the climate and environmental standards as well as relevant legislative initiatives and reforms.

Amendment 395 #

Proposal for a regulation
Article 16 – paragraph 2 – point g b (new)

(gb) an explanation of the extent to which the measures under the Plan are expected to contribute to gender mainstreaming objectives and mitigate the gendered effects of the war;

Amendment 396 #

Proposal for a regulation
Article 16 – paragraph 2 – point h

(h) an explanation of Ukraine’s system and commitments to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements ~~that aim~~ to avoid double funding from the Facility and other Union programmes or donors and how Ukraine shall ensure an adequate level of protection of the EU financial interests by applying at least the same standards as provided for in the Financial Regulation and other related EU legislation;

Amendment 397 #

Proposal for a regulation
Article 16 – paragraph 2 – point h

(h) an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, ~~when us~~as well as to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors; , as well as to ensure swift judicial cooperation with competent authorities of the EU and its Member States.

Amendment 398 #

Proposal for a regulation
Article 16 – paragraph 2 – point h

(h) an detailed explanation of Ukraine’s system along with specific measures to effectively prevent, detect and correct irregularities, fraud, corruption and grand corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors;

Amendment 399 #

Proposal for a regulation
Article 16 – paragraph 2 – point h

(h) an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements ~~that aim~~ to avoid double funding from the Facility and other Union programmes or donors;

Amendment 400 #

Proposal for a regulation
Article 16 – paragraph 2 – point h a (new)

(ha) an explanation of the extent which planned measures are expected to contribute and promote to the rule of law;

Amendment 401 #

Proposal for a regulation
Article 16 – paragraph 2 – point h b (new)

(hb) an explanation how Ukraine shall ensure an adequate level of protection of the EU financial interests by applying at least the same standards as provided for in the Financial Regulation and other related EU legislation;

Amendment 402 #

Proposal for a regulation
Article 16 – paragraph 3

3. The Ukraine Plan shall be results- based and include ~~indicators~~measurable indicators such as key performance indicators where applicable for assessing progress towards the achievement of the general and specific objectives referred to in Article 3.

Amendment 403 #

Proposal for a regulation
Article 17 – paragraph 1

1. The Ukraine Plan shall be prepared by Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. At the request of the government of Ukraine, the Commission shall provide a one-time technical and administrative assistance based on already existing programmes, with the view to accelerating the preparation of the Plan. Ukraine may submit a draft Plan to the Commission.

Amendment 404 #

Proposal for a regulation
Article 17 – paragraph 1

1. The Ukraine Plan shall be prepared by the Ukraineian government and approved by the Verkhovna Rada, which shall be given due time to assess the draft bill. Ukraine shall strive to submit the Plan to the Commission by twohree months after entry into force of this Regulation. Ukraine may submit a draft Plan to the Commission after it has published the draft Plan for public consultation for at least one week.

Amendment 405 #

Proposal for a regulation
Article 17 – paragraph 1

1. The Ukraine Plan shall be prepared by Ukraine, with the consultation of relevant committees of the Verkhovna Rada of Ukraine. Ukraine shall strive to submit the Plan to the Commission by two months after entry into force of this Regulation. Ukraine may submit a draft Plan to the Commission.

Amendment 406 #

Proposal for a regulation
Article 17 – paragraph 2

2. When preparing the Plan in accordance with Article 16, Ukraine shall take particular account of relevant resolutions of the Ukrainian Parliament and the situation in Ukraine’s regional, local and urban areas, having regard to their specific needs for recovery and reconstruction, reform, modernisation and decentralisation.

Amendment 407 #

Proposal for a regulation
Article 17 – paragraph 3

3. The preparation and implementation of the Ukraine Plan shall be done in full consultation with the Verkhovna Rada, regional, local, urban and other public authorities, in accordance with the multi-level governance principle and taking into account a bottom-up approach. In line with the EU Partnership Principle and the European Code of Conduct, Ukraine and the Commission shall ensure that civil society organisations are duly consulted and involved in the process and have timely access to relevant information to allow them to play a meaningful role in the design of the Ukraine Plan.

Amendment 408 #

Proposal for a regulation
Article 17 – paragraph 3

3. The preparation and implementation of the Ukraine Plan shall be done in consultation with regional, local, urban and other public authorities, including relevant ministerial departments, as well as civil society organisations, in accordance with the multi-level governance principle and taking into account a bottom-up approach.

Amendment 409 #

Proposal for a regulation
Article 17 – paragraph 3

3. The preparation and implementation of the Ukraine Plan shall be done in consultation with regional, local, urban and other public authorities, civil society and expert community, in accordance with the multi-level governance principle and taking into account a bottom-up approach.

Amendment 410 #

Proposal for a regulation
Article 17 a (new)

Article17a Involvement of the Verkhovna Rada and obligation of the Monitoring Committee in the implementation and evaluation of the Ukraine Plan 1. Following the submission of the Ukraine Plan, the Ukrainian government, shall regularly provide the Verkhovna Rada and the public with summaries of all relevant information regarding the implementation of the plan, in a comprehensive and timely manner including through quarterly in person reports by the Government representatives at the Verkhovna Rada plenary meetings, as well as in the form of a regular, publicly accessible inter-institutional dialogue, which shall include independent experts and civil society representatives. Updates shall be given in this forum in particular in the context of amendments to the Ukraine Plan, as referred to in Article 20. 2. In line with the EU Partnership Principle and the European Code of Conduct, the Ukrainian Government shall establish a Monitoring Committee involving a diverse range of stakeholders, including non-governmental organisations, as well as a specific framework agreement for cooperation with non-governmental organisations. 3. The Monitoring Committee shall be updated regularly on the state of implementation of the Ukraine Plan and the evaluation of its measures. It shall be provided comprehensive, timely and relevant information for this purpose and be given appropriate time to process such information. Opinions of the Monitoring Committee shall be forwarded to the European Commission, which should make them available to the European Parliament and the European Council without delay. 4. Upon a well reasoned request by the Monitoring Committee, the Ukrainian Government or, where relevant, the Commission shall request audits or external evaluations of one or more measures in the Ukraine Plan, funded by funds available under Article 6(1d).

Amendment 411 #

Proposal for a regulation
Article 18 – paragraph 1

1. The Commission shall assess the relevance, comprehensiveness and appropriateness of the Ukraine Plan or, where applicable, the amendment to that Plan referred to in Article 20, without undue delay, and ~~mak~~where a pprop~~osal for a Council implementing decision~~riate may adopt a delegated act in accordance with Article 19(1). When carrying out that assessment, the Commission shall act in close cooperation with Ukraine, and may make observations or seek additional information. The Commission’s assessment shall be transmitted simultaneously to the European Parliament and the Council, prior to the adoption of the delegated act. The final assessment shall be published without delay. The Commission shall regularly inform the European Parliament and the Council, on equal terms, on the progress of negotiations with Ukraine on the Ukraine Plan, Framework Agreement and Financing Agreement, and any updates thereof.

Amendment 412 #

Proposal for a regulation
Article 18 – paragraph 2

2. When assessing the Ukraine Plan, and in the determination of the amount to be allocated to Ukraine, the Commission shall take into account relevant available analytical information on Ukraine, the justification and the elements provided by Ukraine as referred to in Article 16(2), as well as any other relevant information such as, in particular, the information listed in Article 15~~(5)~~.

Amendment 413 #

Proposal for a regulation
Article 18 – paragraph 3 – point a

(a) whether the Plan represents a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including ~~structural~~ reforms and measures to promote the convergence with the Union, so that the Plan as a whole raises the growth rate of the Ukrainian economy, reduces economic and social inequalities and ensures tangible progress of Ukraine towards EU social, economic, and environmental standards;

Amendment 414 #

Proposal for a regulation
Article 18 – paragraph 3 – point a

(a) whether the Plan outlines measures under the components established under Article 15(1) and represents a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union, ~~so that the Plan as a whole raises the growth rate of the Ukrainian economy~~as well as the application of the conditions measures referred to in Article 15(2);

Amendment 415 #

Proposal for a regulation
Article 18 – paragraph 3 – point a

(a) whether the Plan represents a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union, so that the Plan as a whole ~~raises th~~leads to sustainable growth ~~rate~~ of the Ukrainian economy while fostering resilience to climate change;

Amendment 416 #

Proposal for a regulation
Article 18 – paragraph 3 – point a

(a) whether the Plan represents a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote rule of law and the convergence with the Union, so that the Plan as a whole raises the growth rate of the Ukrainian economy;

Amendment 417 #

Proposal for a regulation
Article 18 – paragraph 3 – point a a (new)

(aa) whether the Plan contributes to effectively addressing all or a significant subset of challenges identified in the Commission Opinion on Ukraine’s application for membership of the European Union, or challenges identified in other relevant documents officially adopted by the Commission in the context of the Ukraine’s application for membership of the European Union;

Amendment 418 #

Proposal for a regulation
Article 18 – paragraph 3 – point a a (new)

(aa) whether the plan and its measures are is consistent with the general principles, referred to in Article 4, including adherence to the ‘do no harm principle’ as well as requirements, plans and programmes referred to in Article 15;

Amendment 419 #

Proposal for a regulation
Article 18 – paragraph 3 – point a b (new)

(ab) whether Ukraine has taken utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use;

Amendment 420 #

Proposal for a regulation
Article 18 – paragraph 3 – point b

(b) whether the Plan corresponds to the recovery, restoration, reconstruction and modernisation needs stemming from ~~the war~~Russia’s war of aggression in Ukraine’s regions and municipalities, and thereby enhances their economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; whether the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities and civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities are appropriate; whether the methodology used to track related expenditure for the reconstruction projects selected and implemented by such sub- national authorities is appropriate and whether such projects constitute an adequately substantial share of the support;

Amendment 421 #

Proposal for a regulation
Article 18 – paragraph 3 – point b

(b) whether the Plan corresponds to the recovery, reconstruction and modernisation needs stemming from the war in Ukraine’s regions and municipalities, and thereby enhances their economic, social, environmental and territorial development, supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; whether the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub- national authorities, in particular municipalities, as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level are appropriate; whether the methodology used to track related expenditure for the reconstruction projects selected and implemented by such sub- national authorities is appropriate and whether such projects constitute an adequately substantial share of the support;

Amendment 422 #

Proposal for a regulation
Article 18 – paragraph 3 – point b a (new)

(ba) whether the measures in the Plan are expected to contribute to climate change mitigation and adaptation, environmental protection, to the green transition, including biodiversity, or to addressing the challenges resulting therefrom, and whether they account for an amount that represents at least 20% of the Plan’s total allocation, based on the methodology for climate tracking set out in an annex to this Regulation;

Amendment 423 #

Proposal for a regulation
Article 18 – paragraph 3 – point b a (new)

(ba) whether at least 50% of planned investments falling under the Reconstruction Component in Pillar I, referred to in Article 15(1), contribute to the green transition or to addressing the challenges resulting therefrom;

Amendment 424 #

Włodzimierz CIMOSZEWICZ, Carina OHLSSON

Proposal for a regulation
Article 18 – paragraph 3 – point b b (new)

(bb) whether the measures included in the Plan are compatible with the principles of ‘do no harm’ and of ‘leaving no one behind’ and that no measure included in the Plan is incompatible with Ukraine’s National Energy and Climate Plan, if available, with Ukraine’s Nationally Determined Contribution under the Paris Agreement, or that promote investments in fossil fuels;

Amendment 425 #

Proposal for a regulation
Article 18 – paragraph 3 – point b c (new)

(bc) whether the Plan is expected to promote gender equality and the empowerment of women and girls, and seeks to protect and promote women’s and girls’ rights in line with the EU Gender Action Plans and relevant Council conclusions and international conventions;

Amendment 426 #

Proposal for a regulation
Article 18 – paragraph 3 – point c

(c) whether the arrangements proposed by Ukraine are expected to ensure an effective monitoring, reporting and implementation of the Ukraine Plan and any updates thereof, in particular comprehensive and timely involvement of the Verkhovna Rada and the Monitoring Committee, referred to in Article 17a, including the envisaged timetable, qualitative and quantitative steps, and the related indicators and ensure that the financial interests of the Union are protected;

Amendment 427 #

Proposal for a regulation
Article 18 – paragraph 3 – point c

(c) whether the arrangements proposed by Ukraine are expected to ensure an effective monitoring, reporting and implementation of the Ukraine Plan, including the envisaged timetable, measurable qualitative and quantitative steps, and the related indicators;

Amendment 428 #

Proposal for a regulation
Article 18 – paragraph 3 – point d

(d) whether the arrangements proposed by Ukraine are expected to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, ~~when us~~as well as, to effectively investigate and prosecute criminal offences affecting the funds provided under the Facility, and are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors.

Amendment 429 #

Proposal for a regulation
Article 18 – paragraph 3 – point d

(d) whether the arrangements proposed by Ukraine are expected to effectively prevent, detect and correct irregularities, fraud, corruption, oligarch structures and conflicts of interests, when using the funds provided under the Facility, and are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors.

Amendment 430 #

Proposal for a regulation
Article 18 – paragraph 3 – point d a (new)

(da) whether the Ukraine Plan effectively reflects the inputs of the stakeholder consultation process, conducted in accordance with the national legal framework, of relevant stakeholders, including the Verkhovna Rada, local and regional representative bodies and authorities, social partners and civil society organisations;.

Amendment 431 #

Proposal for a regulation
Article 19 – title

~~Council implementing dec~~Delegated acts on supplementary provisions

Amendment 432 #

Proposal for a regulation
Article 19 – paragraph 1

1. In case of a positive assessment~~, on a proposal from the Commission, the Council shall approve by means of an implementing decision the assessment~~ by the Commission of the Ukraine Plan submitted by Ukraine in accordance with Article 17(1) or, where applicable, of its amendment submitted in accordance with Article 20(1) or (2), the Commission is empowered to adopt a delegated act in accordance with Article 38 to supplement this Regulation with provisions setting out the matters referred to in paragraphs 2 and 3 of this Article.

Amendment 433 #

Proposal for a regulation
Article 19 – paragraph 1 a (new)

1a. Where the Commission gives a negative assessment to the Ukraine Plan, it shall communicate a duly justified assessment within two months of the submission of the proposal by Ukraine. Following an invitation from the European Parliament, the Commission shall meet with the competent committees to inform about the reasons for the negative assessment, as well as to outline possible recommendations for the improvement and modification of the Ukraine Plan. Relevant and substantial information shall be transmitted by the Commission to the European Parliament and the Council simultaneously and on equal terms at least five working days ahead of the meeting.

Amendment 434 #

Proposal for a regulation
Article 19 – paragraph 2

2. The ~~Commission proposal for a Council implementing decision~~delegated act shall set out, for the part to be funded by the Facility, measures under the rReform~~s and investm~~ Component, Stability Component and Reconstruction Components, to be implemented by Ukraine, including the conditions stemming from the Plan as described in Article 15~~(2), including~~, as well as the indicative timetable, ~~and~~the milestones and targets required for the disbursal of the amounts referred to in Article 6(1) point ~~(a)~~ and (2) and relevant contributions under paragraph 4 of that Article.

Amendment 435 #

Proposal for a regulation
Article 19 – paragraph 2

2. The ~~Commission~~ proposal for a Council implementing decision shall set out, for the part to be funded by the Facility, the reforms and investments to be implemented by Ukraine, the conditions stemming from the Plan as described in Article 15(2), including the indicative timetable, and the amounts referred to in Article 6(1) point (a) and (2) and relevant contributions under paragraph 4 of that Article.

Amendment 436 #

Proposal for a regulation
Article 19 – paragraph 3 – introductory part

3. The ~~Commission proposal~~delegated act referred to in paragraph 2 shall also lay down:

Amendment 437 #

Proposal for a regulation
Article 19 – paragraph 3 – introductory part

3. The ~~Commission~~ proposal referred to in paragraph 2 shall also lay down:

Amendment 438 #

Proposal for a regulation
Article 19 – paragraph 3 – point a

(a) the indicative non-repayable financial support and indicative amount of the loan support to be paid in instalments, structured in accordance with Article 15~~(2)~~, once Ukraine has achieved satisfactory fulfilment of the relevant qualitative and quantitative steps identified in relation to the implementation of the Ukraine Plan, including the adherence to the ‘do no significant harm’ principle and the commitment by the Commission to take utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use;

Amendment 439 #

Proposal for a regulation
Article 19 – paragraph 3 – point b a (new)

(ba) all reforms to be addressed by the Ukrainian government under the Reform Component as well as the relevant indicators relating to the fulfilment of the envisaged milestones and targets;

Amendment 440 #

Proposal for a regulation
Article 19 – paragraph 3 – point d

(d) the arrangements and timetable for monitoring and implementation of the Ukraine Plan, in~~cluding~~ particular the involvement of the Verkhovna Rada and the Monitoring Committee, referred to in Article 18a, as well as, where relevant, measures necessary for complying with Article 33;

Amendment 441 #

Proposal for a regulation
Article 20 – paragraph 1

1. Where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective ~~circumstances~~and initially unforeseeable circumstances related to the war, Ukraine may propose an amended Ukraine Plan. In that case, Ukraine may make a reasoned request to the Commission to make a proposal to amend all or part of the Council implementing decision referred to in Article 19(1).

Amendment 442 #

Proposal for a regulation
Article 20 – paragraph 1

1. ~~Where t~~The Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances, Ukraine may propose an amended Ukraine Plan. In that case, Ukraine mayian government, after consulting the Verkhovna Rada and the Monitoring Committee referred to in Article 18a, may at any time make a reasoned request to the Commission to make a proposal to amend all or part of the ~~Council implementing decision~~delegated act referred to in Article 19(1).

Amendment 443 #

Proposal for a regulation
Article 20 – paragraph 2

2. The Commission may, after informing the European Parliament and the Council, in agreement with Ukraine, make a proposal to amend the ~~Council implementing decision~~delegated act referred to in Article 19(1), in particular to take into account a change of the amounts available, notably due to additional contributions by the Member States or from other sources as referred to in Article 6(4).

Amendment 444 #

Proposal for a regulation
Article 20 – paragraph 3

3. Where the Commission considers that the reasons put forward by Ukraine justify an amendment to the Ukraine Plan, the Commission shall assess the amended Ukraine Plan in accordance with Article 18 and shall ~~make a proposal for~~adopt an amendment of the ~~Council implementing decision~~delegated act referred to in Article 19(1) without undue delay. The Commission’s assessment shall be transmitted to the European Parliament and the Council simultaneously and without delay.

Amendment 445 #

Proposal for a regulation
Article 20 a (new)

Article20a Ukraine social, economic, and environmental scoreboard (1) The Commission shall establish a Ukraine Plan scoreboard (the ‘Scoreboard’), which shall display the progress of the implementation of the Plan in each of the objectives referred to in Article 3, and the social, economic, and environmental situation in Ukraine and the progress of the convergence towards the Union’s standards. (2) The Commission shall be empowered to adopt a delegated act in accordance with Article XX to supplement this Regulation by defining the detailed elements of the Scoreboard with a view to displaying the progress of the implementation of the Plan as referred to in paragraph 1, the social, economic, and environmental situation in Ukraine and the progress of the convergence towards the Union’s standards. (3) The Scoreboard shall be operational by July 2024 and shall be updated by the Commission twice a year. The Scoreboard shall be made publicly available online.

Amendment 446 #

Proposal for a regulation
Article 21 – paragraph 2 a (new)

2a. The Commission shall transmit to the European Parliament and the Council, simultaneously, the following elements every 6 months: (a) a general overview on the development of the debts situation in Ukraine; (b) the amount of the loan in EUR; (c) the average maturity; (d) the pricing formula, and the availability period of the loan; (e) the maximum number of instalments and a clear and precise repayment schedule.

Amendment 447 #

Proposal for a regulation
Article 21 – paragraph 2

2. Upon adoption of the ~~Council implementing decision~~delegated act referred to in Article 19(1), the Commission shall enter into a loan agreement with Ukraine in respect of the amount referred to in Article 6(2). The loan agreement shall lay down the availability period and the detailed terms of the support under the Facility in the form of loans, including in relation to the internal control systems as referred to in Article 9(4), points (a) and (c). The loans shall have maximum duration of 35 years. In addition to the elements laid down in Article 220(5) of Regulation (EU, Euratom) 2018/1046, the loan agreement shall contain the amount of pre-financing and rules on clearing of pre-financing. The Commission shall transmit to the European Parliament and the Council, simultaneously, the following elements: a) the amount of the loan in EUR; b) the average maturity; c) the pricing formula, and the availability period of the loan; d) the maximum number of instalments and a clear and precise repayment schedule.

Amendment 448 #

Proposal for a regulation
Article 21 – paragraph 4 a (new)

4a. The loan agreement shall be transmitted simultaneously to the European Parliament and the Council, as well as to the Verkhovna Rada of Ukraine.

Amendment 449 #

Proposal for a regulation
Article 21 – paragraph 4

4. No provisioning for the loans under this Regulation shall be constituted and, by way of derogation from Article 211(1) of Regulation (EU, Euratom) 2018/1046, no provisioning rate as a percentage of the amount referred to in Article 6(2) of this Regulation shall be set. The loan agreement shall be transmitted simultaneously to the European Parliament and the Council.

Amendment 450 #

Proposal for a regulation
Article 24 – paragraph 1

1. Without prejudice to Article 23, if the Framework Agreement referred to in Article 9 is not signed or the Ukraine Plan referred to in Chapter III is not adopted by 31 December 2023, the Commission may decide to provide limited, exceptional support to Ukraine for a period of up to ~~three~~six months after either the entry into force of this Regulation, or 1 January 2024, whichever is later, subject to having made satisfactory progress on the preparation of the Ukraine Plan, in order to support the macro-financial stability of the country, subject to conditions to be agreed in a Memorandum of Understanding between the Commission and Ukraine, to the respect of the precondition mentioned in Article 5, to compliance with Article 6 and to available funding.

Amendment 451 #

Proposal for a regulation
Article 25 – paragraph 1

1. Payments of the non-repayable financial support and of the loan to Ukraine under this Article shall be made in accordance with the budget appropriations ~~and subject to the available funding~~. Payments shall be made in instalments. An instalment may be disbursed in one or more tranches.

Amendment 452 #

Proposal for a regulation
Article 25 – paragraph 2

2. Every quarter, Ukraine ~~shall~~may submit a duly justified request for payment of the non- repayable financial support and of the loan, and the Commission shall pay the relevant non-repayable financial support and loan, on the basis of the assessment described in paragraph 3. This request shall be transferred to the relevant committee of the European Parliament as well as the relevant Council formation.

Amendment 453 #

Proposal for a regulation
Article 25 – paragraph 3

3. The Commission shall assess without undue delay whether Ukraine has achieved satisfactory fulfilment of the qualitative and quantitative steps set out in the ~~Council implementing decision~~ delegated act referred to in Article 19(1). The satisfactory fulfilment of qualitative and quantitative steps shall presuppose that measures related to the steps for which Ukraine had achieved satisfactory fulfilment have not been reversed by Ukraine. The Commission may be assisted by experts.

Amendment 454 #

Proposal for a regulation
Article 25 – paragraph 4

4. Where the Commission makes a positive assessment of the satisfactory fulfilment of qualitative and quantitative steps, it shall adopt without undue delay a decision authorising the disbursement of the part of the non-repayable financial support and of the loan corresponding to such steps. This assessment shall be transferred to the relevant committee of the European Parliament as well as the relevant Council formation.

Amendment 455 #

Proposal for a regulation
Article 25 – paragraph 5

5. Where the Commission makes a negative assessment of the fulfilment of qualitative and quantitative steps as per the indicative timetable, the payment of the non-repayable financial support and of the loan corresponding to such steps shall be withheld. The payment withheld shall only be disbursed when Ukraine has duly justified, as part of a subsequent payment request, that it has taken the necessary measures to ensure satisfactory fulfilment of the qualitative and quantitative steps. A methodology for handling partial fulfilment of steps shall be published as guidance by the Commission.

Amendment 456 #

Proposal for a regulation
Article 25 – paragraph 6

6. Where the Commission concludes that Ukraine has not taken the necessary measures within a period of twelve months from the initial negative assessment referred to in paragraph 5, the Commission shall reduce the amount of the non-repayable financial support and of the loan proportionately to the part corresponding to the relevant qualitative and quantitative steps. Ukraine may present its observations within two months from the communication of the Commission’s conclusions.deleted

Amendment 457 #

Proposal for a regulation
Article 25 – paragraph 7

7. The Commission may reduce the amount of the non-repayable financial support, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or of the loan to be disbursed to Ukraine as referred to in paragraph 4, in the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by Ukraine, or a serious breach of an obligation resulting from such agreements, including on the basis of the reports of the Audit Board referred to in Article 34 or information provided by OLAF. Information about such decisions need to be transferred to the European Parliament and the Council.

Amendment 458 #

Proposal for a regulation
Article 26 – title

Transparency with regard to persons ~~and entit~~, entities and final beneficiaries receiving funding for the implementation of the Plan

Amendment 459 #

Proposal for a regulation
Article 26 – paragraph 1

1. Ukraine shall publish up to date data on persons ~~and entit~~, entities and final beneficiaries receiving amounts of funding exceeding the equivalent of EUR 500 000, cumulative over the period of 4 years, for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. ~~Ukraine shall update those data twice a year, in June and December~~The relevant rules defined in Regulation (EU, Euratom) 2018/1046 shall apply.

Amendment 460 #

Proposal for a regulation
Article 26 – paragraph 1

1. Ukraine shall publish data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 5200 000 for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. Ukraine shall update those data twice a year, in June and December.

Amendment 461 #

Proposal for a regulation
Article 26 – paragraph 1

1. Ukraine shall publish data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 5100 000 for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. Ukraine shall update those data twice a year, in June and December.

Amendment 462 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Article 26 – paragraph 1

1. Ukraine shall publish data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 2500 000 for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. Ukraine shall update those data twice a year, in June and December.

Amendment 463 #

Proposal for a regulation
Article 26 – paragraph 2 – introductory part

2. For persons ~~and entit~~, entities and final beneficiaries referred to in paragraph 1, the following information shall be published in machine-readable format on a webpage, in order of total funds received, having due regard for the requirements of confidentiality and security, in particular the protection of personal data:

Amendment 464 #

Proposal for a regulation
Article 26 – paragraph 2 – point a

(a) in the case of a legal person, the recipient’s full legal name and VAT identification number or tax identification number, where available, or another unique identifier established at the national level, and the recipient’s beneficial owner as mandatorily disclosed by the recipient;

Amendment 465 #

Proposal for a regulation
Article 26 – paragraph 2 – point b

(b) in the case of a natural person, the first and last name(s) of the recipient and place of residence;

Amendment 466 #

Proposal for a regulation
Article 26 – paragraph 3

3. ~~The~~On an exceptional basis and where duly justified by the Ukrainian government, information referred to in paragraph 2 ~~shall~~may not be published, in cases where disclosure risks unduly threatening the rights and freedoms of the persons or entities concerned ~~or seriously harming the commercial interests of~~. Such information shall be transferred to the European Commission and to the Audit Board in any case, who shall be able to overturn the rdeci~~pients~~sion not to publish such information.

Amendment 467 #

Proposal for a regulation
Article 26 – paragraph 4

4. Ukraine shall transmit electronically in a machine readable form to the Commission at least once a year the data on the persons and entities referred to in paragraph 1 ~~with the exception of the data referred to in paragraph 3, in a~~, in a machine-readable format to be defined in the Framework agreement referred to in Article 9(4), point (i).

Amendment 468 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Article 26 – paragraph 4 a (new)

4a. The Commission shall prepare, in close cooperation with the Ukrainian authorities, a register of companies under oligarchic influence identified as potentially hampering free and fair competition on the market. Entities identitied on this register will not be eligible to receive funds under the Facility. This register will be prepared within six months after the entry into force of the regulation and updated quarterly.

Amendment 469 #

Proposal for a regulation
Article 27 – paragraph 2

2. The Commission shall be supported by an operational board in the implementation of the Ukraine Investment Framework. The Commission shall propose the rules of procedure for the operational board.; the European Parliament should have a role in approving the Board Members in exercising its scrutiny rights enshrined in the Treaties;

Amendment 470 #

Proposal for a regulation
Article 27 – paragraph 3

3. The operational board of the Ukraine Investment Framework shall comprise representatives of the Commission, of each Member State, the European Parliament, and representatives of Ukraine, including representatives of the Verkhovna Rada. Counterparts implementing the Ukraine Guarantee and financial instruments supported by the Ukraine Investment Framework may be given observer status. The Commission shall chair the operational board.

Amendment 471 #

Proposal for a regulation
Article 27 – paragraph 3

3. The operational board of the Ukraine Investment Framework shall comprise representatives of the Commission, of each Member State, the European Parliament, and representatives of the Ukraineian Government and the Verkhovna Rada. Counterparts implementing the Ukraine Guarantee and financial instruments supported by the Ukraine Investment Framework may be given observer status. The Commission shall chair the operational board.

Amendment 472 #

Proposal for a regulation
Article 27 – paragraph 5 a (new)

5a. At least 50% of the the guarantees provided under Pillar II shall be used to provide support to Micro-, Small- and Medium-sized Enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, including startups, including through financial tools which have as an objective to de-risk the lending operations of local Ukrainian banks, for example through risk sharing facilities, coverage of risk in loan pools, bank lending incentives, or other means to de-risk investment and trade such as public guarantees for investment insurance or the insurance of trade and commercial transactions.

Amendment 473 #

Proposal for a regulation
Article 27 – paragraph 5 b (new)

5b. For the purpose of Pillar II, the Commission, supported by the operational board, shall develop a methodology and processes for annual reporting of investment support outlining at least the following elements: (a) allocation of grants, and that of loans, each broken down by: (i) size of the final beneficiary; (ii) region of the headquarter of the final beneficiary; (iii) sector; (b) use of financing instrument for SME support; (c) percentage of investment support at a high likelihood of impairment; (d) qualitative analysis of the principal successes and challenges of Pillar II.

Amendment 474 #

Proposal for a regulation
Article 27 – paragraph 6

6. For the purpose of Article 209(2), points (d) and (h), of Regulation (EU, Euratom) 2018/1046, the requirement on ex ante evaluations of financial instruments and budgetary guarantees shall be met by the positive assessments of the Ukraine Plan by the Commission, referred to in Article 19(2) of this Regulation.deleted

Amendment 475 #

Proposal for a regulation
Article 27 – paragraph 8

8. The Commission shall report annually on the implementation of the support under the Ukraine Investment Framework in accordance with Articles 41(4) and (5) of Regulation (EU, Euratom) 2018/1046, including on the elements addressed in paragraph 7 of this Article. For that purpose, each counterpart of the Ukraine Guarantee and each entrusted entity implementing financial instruments shall provide on an annual basis the information necessary to allow the Commission to comply with its reporting obligations.

Amendment 476 #

Proposal for a regulation
Article 29 – paragraph 2

2. The eligible counterparts for the purposes of the Ukraine Guarantee and the eligible entrusted entities for the purpose of financial instruments shall be those identified in Article 208(4) of Regulation (EU, Euratom) 2018/1046, including those from third countries contributing to the Ukraine Guarantee in accordance with Article 28 of this Regulation. In addition, by way of derogation from Article 62(1), point (c), of Regulation (EU, Euratom) 2018/1046, bodies governed by private law of a Member State, or a third country which has contributed to the Ukraine Guarantee in accordance with Article 28 of this Regulation, and which provide adequate assurance of their financial and operational capacity shall be eligible for the purpose of the Ukraine Guarantee. Preference shall be given to those bodies that disclose information related to environment, social, tax and corporate governance criteria. For this purpose, the Commission shall create a webportal with adequate and user-friendly guidance on disclosure, comprising the examples of such disclosure.

Amendment 477 #

Proposal for a regulation
Article 29 – paragraph 3 a (new)

3a. The Commission shall commit all eligible counterparts and eligible entrusted entities to take utmost care to avoid, report and counter any corrupt practices, favouritism or undue regional or sectoral concentration of resource allocation or use and require dedicated reporting and auditing on these aspects, where relevant.

Amendment 478 #

Proposal for a regulation
Article 30 – paragraph 1 a (new)

1a. The Ukraine Guarantee shall support financing and investment operations which comply with the conditions set out in Article 209(2), points (a) to (e) of Regulation (EU, Euratom) 2018/1046 concerning in particular the need to achieve additionality, including by addressing market failures or sub-optimal investment situations, to avoid the distortion of competition, and to maximise private investment, including also for SMEs.

Amendment 479 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. The Ukraine Guarantee shall be used to cover the risks for the following types of operations, in line with the provisions of Article 27 :

Amendment 480 #

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2

The Commission shall provide information on the signature of each Ukraine Guarantee agreement in the reports referred to in Article 27(8). ~~Upon their request, those agreements shall be made available~~The European Parliament and the Council shall be notified simultaneously of the signature of all Guarantee agreements concluded under the Ukraine Guarantee. All Ukraine Guarantee agreements shall be transmitted simultaneously to the European Parliament and the Council, taking into account the protection of confidential and commercially sensitive information.

Amendment 481 #

Proposal for a regulation
Article 30 – paragraph 4 – point c

(c) a reference to the objectives and purpose of the Facility, an assessment of the needs and an indication of the expected results; an assessment of the sectors and industries, as well as the share targeted at Start-ups and SMEs;

Amendment 482 #

Proposal for a regulation
Article 30 – paragraph 5 – introductory part

5. The Commission may use ~~up to 30%~~part of the amount referred in paragraph 1 of this Article to increase the amounts of the guarantee provided through External Action Guarantee agreements concluded pursuant to Article 38 of Regulation (EU) 2021/947 subject to the following:

Amendment 483 #

Proposal for a regulation
Article 30 – paragraph 5 – point c

(c) by way of derogation from the second subparagraph of Article 36(1) of Regulation (EU) 2021/947 the operations covered by the Ukraine Guarantee under this paragraph shall constitute a separate portfolio of Ukraine Guarantee and shall not be taken into account for the purposes of calculating the 65% coverage referred to in Article 36(1) of Regulation (EU) 2021/947;deleted

Amendment 484 #

Proposal for a regulation
Article 30 – paragraph 5 – point d

(d) the risk sharing in the separate portfolio of the Ukraine Guarantee shall ensure alignment of interest between the Commission and the eligible counterpart in accordance with Article 209(2)(e) of Regulation (EU, Euratom) 2018/1046 and without prejudice to the second paragraph of Article 36(1) of Regulation (EU) 2021/947, the counterpart shall contribute with their own resources to this portfolio in accordance with Article 219(4) of Regulation (EU, Euratom) 2018/1046;

Amendment 485 #

Proposal for a regulation
Article 30 – paragraph 9 – point a a (new)

(aa) The eligible counterparts shall also, upon request, provide the Commission with any additional information necessary to fulfil the Commission’s obligations pursuant to this Regulation, together with information regarding compliance with anti-fraud and anti-corruption provisions, human rights, and social, labour and environment standards.

Amendment 486 #

Proposal for a regulation
Article 30 – paragraph 10

10. The condition set out in Article 219(4) of Regulation (EU, Euratom) 2018/1046 on contributions with own resources shall apply to each eligible counterpart allocated with a budgetary guarantee under the Ukraine Investment Framework on a portfolio basis and, in the case of the European Investment Bank, the own resources contribution shall be understood as the assumption of residual risk.

Amendment 487 #

Proposal for a regulation
Article 30 – paragraph 11 a (new)

11a. The EIB shall implement an exclusive dedicated investment window covering a comprehensive risk cover for operations with sovereign counterparts and non-commercial sub-sovereign counterparts with an indicative signature volume of EUR 5.5bn. The EIB shall have the exclusivity for operations with sovereign counterparts and non- commercial sub-sovereign counterparts under the exclusive dedicated investment window. Under it, the own resources contribution shall be understood as the assumption of residual risk and the EU guarantee shall cover 65 % of the aggregate amount disbursed and guaranteed under EIB financing operations, less amounts reimbursed, plus all related amounts. By way of derogation from the second subparagraph, if the EIB cannot carry out or decides not to carry out operations under the exclusive dedicated investment window, the implementation of these operations shall be open to other eligible counterparts, in accordance with conditions which shall be laid down in the relevant External Action Guarantee agreements, which shall take into account the conditions offered to the EIB for the same type of operations and the specific needs, circumstances and nature of the eligible counterpart implementing these operations.

Amendment 488 #

Proposal for a regulation
Article 30 – paragraph 11 b (new)

11b. The exclusive dedicated investment window shall be realised by an increase according to Art. 30.5 of the signature volume for operations in Ukraine of the guarantee agreement concluded pursuant to Article 36 and 38 of Regulation (EU) 2021/947.

Amendment 489 #

Proposal for a regulation
Article 31 – paragraph 2

2. The provisioning rate shall be reviewed at least ~~every~~once a year f~~rom~~ollowing the entry into force of this Regulation.

Amendment 490 #

Proposal for a regulation
Article 32 – paragraph 1

1. Assistance under this Chapter shall support Ukraine in attaining the objectives set out in Article 3. In particular, assistance provided under this Chapter shall ~~aim to~~ support Ukraine’s progressive alignment to Union ‘acquis’ with a view to future Union membership, thereby contributing to mutual stability, security, peace and prosperity. Such support shall include strengthening of the rule of law, democracy, respect of human rights and fundamental freedoms, reinforcing of the effectiveness of public administration and institutional capacities, decentralisation, and supporting transparency, structural reforms, sectoral policies and good governance at all levels. Such support should also contribute to the implementation of the Plan.

Amendment 491 #

Proposal for a regulation
Article 32 – paragraph 2

(2) 2. Assistance under this Chapter shall also be provided to ensure that capacities of stakeholders, including social partners, civil society organisations and local authorities are strengthened, in particular to promote twinning and partnerships between cities, as well as peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and Ukraine.

Amendment 492 #

Proposal for a regulation
Article 32 – paragraph 2

2. Assistance under this Chapter shall also be provided to ensure that capacities of stakeholders, including social partners, civil society organisations and local and regional authorities, are strengthened.

Amendment 493 #

Proposal for a regulation
Article 32 – paragraph 3

3. Assistance under this Chapter shall also support confidence-building measures and processes that promote justice, truth- seeking, reparations as well as collection of evidence of crimes committed during the war. Funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine may be provided under this Chapter. The findings retrieved as a result of such measures shall be brought to the knowledge of the Commission, the Parliament and the Council with a view to be considered during the elaboration of the Union's foreign policy positions.

Amendment 494 #

Proposal for a regulation
Article 32 – paragraph 3

3. Assistance under this Chapter shall also support confidence-building measures and processes that promote justice, truth- seeking, reparations as well as collection of evidence of crimes committed by the Russian political and military leadership and its proxies during the war. Funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine may be provided under this Chapter.

Amendment 495 #

Proposal for a regulation
Article 32 – paragraph 4

4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds, audit and effective fight against mismanagement of public funding, in particular fraud, corruption, oligarch structures, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.

Amendment 496 #

Proposal for a regulation
Article 32 – paragraph 4

4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds and effective fight against mismanagement of public funding, in particular fraud, corruption and grand corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.

Amendment 497 #

Proposal for a regulation
Article 32 – paragraph 4

4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds, audit, and effective fight against mismanagement of public funding, in particular fraud, corruption, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.

Amendment 498 #

Proposal for a regulation
Article 33 – paragraph 1

1. In implementing the Facility, the Commission and Ukraine shall take all the appropriate measures to protect the financial interests of the Union, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the precondition set out in Article 5(1) and conditions set out in the framework agreement and specific financing or loan agreements, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities~~. Ukraine shall commit to progressing towards effective and efficient management and control systems and ensure that amounts wrongly paid or incorrectly used can be recovered~~, as well as investigation and prosecution of criminal offences affecting the funds provided under the Facility. Ukraine shall commit to progressing towards a robust legal framework to fight fraud by means of criminal law, effective and efficient management and control systems and ensure that amounts wrongly paid or incorrectly used can be recovered. Ukraine shall also commit to ensure that the competent Ukrainian authorities treat, without delay, mutual legal assistance requests and extradition requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds under the Facility.

Amendment 499 #

(a) to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities or any other illegal activity affecting the Union’s financial interests, as well as the availability of the reporting tools and protection of whistle-blowers;

Amendment 500 #

Proposal for a regulation
Article 33 – paragraph 2 – point a

Amendment 501 #

Proposal for a regulation
Article 33 – paragraph 2 – point b

(b) to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union, to avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects under the Ukraine Plan; and to take appropriate measures to treat mutual legal assistance requests and extradition requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds under the Facility, without delay;

Amendment 502 #

Proposal for a regulation
Article 33 – paragraph 2 – point b

(b) to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects under the Ukraine Plan;

Amendment 503 #

Proposal for a regulation
Article 33 – paragraph 2 – point b

Amendment 504 #

Proposal for a regulation
Article 33 – paragraph 2 – point c

(c) to accompany a request for payment as set out in Chapter III by a declaration that the funds were used in accordance with the principle of sound financial management and for their intended purpose and managed appropriately in particular in accordance with Ukrainian rules complemented by international standards, on prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, accompanied by a declaration of assurance by the Ukrainian authorities;

Amendment 505 #

Proposal for a regulation
Article 33 – paragraph 2 – point c

(c) to accompany a request for payment as set out in Chapter III by a declaration that the funds were used in accordance with the principle of sound financial management and for their intended purpose and managed appropriately in particular in accordance with Ukrainian rules complemented by international standards, on prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests; accompanied by a declaration of assurance by the Ukrainian authorities;

Amendment 506 #

Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)

(ca) to use the Early Detection and Exclusion System;

Amendment 507 #

Proposal for a regulation
Article 33 – paragraph 2 – point e

(e) to expressly authorise the Commission, OLAF, and the Court of Auditors ~~and, where applicable, EPPO~~ to exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2018/1046, in application of the principle of proportionality. Where applicable, the competent Ukrainian authorities shall report any criminal conduct affecting the funds under the Facility to the EPPO.

Amendment 508 #

Proposal for a regulation
Article 33 – paragraph 2 – point e a (new)

(ea) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the independent external auditor appointed by the Audit Board;

Amendment 509 #

Proposal for a regulation
Article 33 – paragraph 2 – point e a (new)

(ea) to use the Early Detection and Exclusion System;

Amendment 510 #

Proposal for a regulation
Article 33 – paragraph 2 – point e b (new)

(eb) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the independent external auditor appointed by the Audit Board.

Amendment 511 #

Proposal for a regulation
Article 33 – paragraph 3

3. The Commission shall strive to make available to Ukraine an integrated and interoperable information and monitoring system including a single data- mining and risk-scoring tool to access and analyse the relevant data, including the data listed in paragraph 2(d). Where such a system is available, Ukraine shall use and feed the relevant data into the system, including with support referred to under Chapter V. Data shall be inserted in English to allow the Commission and other audit authorities to fulfil their duties without undue delay. The system shall allow for downloads in a machine- readable format.

Amendment 512 #

Proposal for a regulation
Article 33 – paragraph 3

3. The Commission shall ~~strive to~~ make available to Ukraine an integrated and interoperable information and monitoring system including a single data- mining and risk-scoring tool to access and analyse the relevant data, including the data listed in paragraph 2(d). Where such a system is available, Ukraine shall use and feed the relevant data into the system, including with support referred to under Chapter V.

Amendment 513 #

Proposal for a regulation
Article 33 – paragraph 4

4. The agreements referred to in Articles 9, 10 and 21 shall also provide for the right of the Commission to reduce proportionately the support provided under the Facility and recover any amount spent to achieve the objectives of the Facility or to ask for early repayment of the loan, in cases of deterioration of rule of law or in cases of irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by Ukraine, or of a serious breach of an obligation resulting from such agreements. When deciding on the amount of the recovery and reduction, or the amount to be repaid early, the Commission shall respect the principle of proportionality and shall take into account the seriousness of the irregularity, fraud, corruption or conflict of interests affecting the financial interests of the Union, or of a breach of an obligation. Ukraine shall be given the opportunity to present its observations before the reduction is made or early repayment is requested.

Amendment 514 #

Proposal for a regulation
Article 33 – paragraph 5

5. Persons and entities implementing funds under the Facility shall report any suspected or actual cases, of fraud, corruption, conflict of interests and irregularities or other illegal activities affecting financial interests of the Union without delay, to the Audit Board referred to in Article 34, the Commission ~~and OLAF~~,OLAF, and, where applicable, the EPPO.

Amendment 515 #

Proposal for a regulation
Article 33 – paragraph 5 a (new)

5a. Persons and entities implementing funds under the Facility, as well as persons knowledgeable about the implementation process, shall be able to report the cases of alledged corruption, fraud, irregularities and maladministration through a dedicated digital tool, with the relevant whistleblower protection provisions.

Amendment 516 #

Proposal for a regulation
Article 33 a (new)

Article33a Physical and cyber protection of investments made with Union financial support (1) The agreements referred to in Articles 9, 10 and 21 shall provide for the obligation of Ukraine to identify physical and cyber protection measures for each of the investments made with Union financial support. An appropriate amount of the Union financial support may be set aside for physical and cyber protection purposes, and the necessary restrictions shall apply in accordance with the Article 11, paragraph 7 (b). (2) Until the cessation of hostilities, physical protection may include measures to protect against munitions and missiles and their effects, including through means delivering kinetic effects. Such means should be operated under the auspices of the state authorities of Ukraine and may not be used for the purpose of doing harm to persons.

Amendment 517 #

Proposal for a regulation
Article 34 – paragraph 2

2. The Audit Board shall be composed of independent members appointed by the Commission. Representatives of Member States, the European Parliament and other donors may be invited by the Commission to participate in the activities of the Audit Board.

Amendment 518 #

Proposal for a regulation
Article 34 – paragraph 2 a (new)

2a. At least one-fifth of the Audit Board should be composed of Ukrainian nationals of proven high professional competence and integrity and with no personal or professional affiliation to Ukrainian state institutions or officials as well as demonstrably independent international experts with a proven track record of understanding of Ukraine’s economy and political system.

Amendment 519 #

Proposal for a regulation
Article 34 – paragraph 3

3. The Audit Board shall exercise its functions in complete objectivity and operate in compliance with best applicable international practices and standards. It shall act without prejudice to the powers of the Commission, OLAF, the Court of Auditors and~~, where applicable,~~ the EPPO.

Amendment 520 #

Proposal for a regulation
Article 34 – paragraph 3 a (new)

3a. The Audit Board shall appoint an independent external auditor that provides an annual statement of assurance on the declarations by the Ukrainian authorities that accompany a request for payment. It shall also approve the annual work plan of the independent external auditor;

Amendment 521 #

Proposal for a regulation
Article 34 – paragraph 3 b (new)

3b. The Audit Board shall decide on recommendations to the Commission and the Ukrainian authorities on amounts to be recovered following the findings of the independent external auditor, and inform the Commission and the Ukrainian authorities of these recommendations;

Amendment 522 #

Proposal for a regulation
Article 34 – paragraph 4

4. The Audit Board shall ensure regular dialogue and cooperation with the European Court of Auditors, as well as the Audit Chamber of Verkhovna Rada.

Amendment 523 #

Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 1

For that purpose, the Audit Board shall regularly report to the Commission, and the relevant committees of the Council and Parliament and transmit to the Commission without delay any information it obtains or is made aware of, on any identified cases of, or serious concerns in relation to, mismanagement of public funding incurred in relation with any amount spent to achieve the objectives of the Facility, including its performance.

Amendment 524 #

Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 1 a (new)

In accordance with Article 24(1) of Regulation (EU) 2017/1939, the Audit Board shall report to the European Public Prosecutor Office any criminal conduct in respect of which the latter could exercise its competence.

Amendment 525 #

Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 2

In addition, the Audit Board shall adopt recommendations to Ukraine on all cases where in its views competent Ukrainian authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by Ukrainian authorities. A summary of the recommendation shall be published by the Audit Board. Ukraine shall implement such recommendations, or provide a justification on why it has not done so. The information provided by the Ukrainian authorities on the recommendations shall also be published by the Audit Board.

Amendment 526 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 2

In addition, the Audit Board shall adopt recommendations to Ukraine on all cases where in its views competent Ukrainian authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by Ukrainian authorities. Ukraine shall implement such recommendations~~, or provide a justification on why it has not done so~~ in a timely fashion. In exceptional cases, a request may be made for an extension of time in which to implement the recommendations, but in all cases this should not exceed six months after the initial recommendation was made.

Amendment 527 #

Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 3

The reports of, and information from, the Audit Board shall also be sent to OLAF and, where applicable, to the EPPO, and may be shared with the relevant Ukrainian authorities, especially in case they need to take steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union.

Amendment 528 #

Proposal for a regulation
Article 34 – paragraph 10

10. The functioning of the Audit Board shall be funded under Chapter V, including the funding for the appointed independent external auditor.

Amendment 529 #

Proposal for a regulation
Article 36 – paragraph 4

4. The Commission shall provide a~~n annual~~ quarterly report to the European Parliament and the Council on progress towards the achievement of the objectives of this Regulation and the adherence to the general principles in Article 4.

Amendment 530 #

Proposal for a regulation
Article 37 – paragraph 1

1. After 31 December 2027, but by 31 December 2031 at the latest, the Commission shall carry out an ex-post evaluation of the Regulation by means of an independent external evaluation. That ex-post evaluation shall assess the Union contribution to the achievement of the objectives of this Regulation. The Commission shall take due account of proposals by the European Parliament or the Council for this independent external evaluation.

Amendment 531 #

Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2

The Commission shall communicate the findings and conclusions of this ex-post evaluation accompanied by its observations and follow-up, to the European Parliament, the Council and the Member States. This ex-post evaluation may be discussed at the request of Member States or the European Parliament. The results shall feed into the preparation of programmes and actions and resource allocation. These evaluations and follow-up shall be made publicly available.

Amendment 532 #

Proposal for a regulation
Article 38 – paragraph 2

2. The power to adopt delegated acts referred to in Articles 13, 19, 20 and 31 shall be conferred on the Commission for an indeterminate period from seven days after the entry into force of this Regulation.

Amendment 533 #

Proposal for a regulation
Article 38 – paragraph 3

3. The delegations of power referred to in Articles 13, 19, 20 and 31 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 534 #

Proposal for a regulation
Article 38 – paragraph 6

6. A delegated act adopted pursuant to Articles 13, 19, 20 and 31 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of ~~one~~two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

Amendment 535 #

Proposal for a regulation
Article 40 – paragraph 3 a (new)

3a. Information, communication and publicity shall be provided in accessible format, in accordance with the UN CRPD Article 9, and EU harmonised legislation, notably Directive 2019/882 of the European Parliament and of the Council of 17 April 2019 on accessibility requirements for products and services;

Amendment 76 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 2

(2) Since the beginning of Russia’s unprovoked and unjustified war of aggression against Ukraine on 24 February 2022, the Union, its Member States and European financial institutions have mobilised unprecedented support to Ukraine’s economic, social and financial resilience, combining support from the Union budget, including the exceptional macro-financial assistance and support from the European Investment Bank and the European Bank for Reconstruction and Development, fully or partially guaranteed by the Union budget, as well as further financial support by Member States. In addition to this comes the continuous support provided by the authorities, communities and volunteers’ groups within the Member States in relation to Ukrainian war refugees.

Amendment 77 #

Proposal for a regulation
Recital 3

(3) The European Council of 23 June 2022 decided10 to grant the status of candidate country to Ukraine, which expressed a strong will to launch the EU accession process for Ukraine and to link reconstruction with reforms on its European path. Ongoing strong support to Ukraine is a key priority for the Union and an appropriate response to the Union’s strong political commitment to support Ukraine for as long as necessary. _________________ 10 European Council Conclusions, 23-24 June 2022; EUCO 24/22.

Amendment 78 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ, Andrzej HALICKI

Proposal for a regulation
Recital 5

(5) The Union is also providing significant financial support through an additional package combining funds under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI) established under Regulation (EU) 2021/947 of the European Parliament and of the Council12 ~~and~~, as well as assistance under the Instrument for Pre- Accession (IPA), which among many things includes the thematic and cross- border cooperation priorities and key performance indicators to assess the readiness of the acceding countries and effectiveness of the assistance, as well as loans by the European Investment Bank. _________________ 12 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).

Amendment 79 #

Proposal for a regulation
Recital 10

(10) Given that as long as the Russian war in Ukraine lasts, tax revenues collected by the Ukrainian government will continue to be largely allocated to the war effort, and that a residual gap remains in Ukraine’s financing needs for at least until 2027, significant and flexible support to the Ukrainian government to maintain its functions as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised quickly.

Amendment 80 #

Georgios KYRTSOS, Karen MELCHIOR, Petras AUŠTREVIČIUS

Proposal for a regulation
Recital 10

(10) Given that a residual gap remains in Ukraine’s financing needs for at least until 2027, flexible support to the Ukrainian government to maintain its functions and guarantee basic public services, as well as to support the recovery, reconstruction and modernisation of the country has to be mobilised.

Amendment 81 #

Proposal for a regulation
Recital 10 a (new)

(10a) The emphasis on loans, concerning the financial assistance to Ukraine, should not undermine the long term sustainability of Ukraine’s public debt. A reappraisal of the dynamics of the Ukrainian public debt and the need to reduce it as a percentage of Ukraine’s GDP should take place in 2026, ahead of the next Multiannual Financial Framework and the necessary financing arrangements.

Amendment 82 #

Georgios KYRTSOS

Proposal for a regulation
Recital 10 b (new)

(10b) Given the importance of Ukraine for the future of the European Union, the European Parliament should open a Liaison Office in Kyiv so as to directly follow on the course of Russia’s war of aggression, the institutional evolution of Ukraine, the country’s financial and military needs and to inform MEPs and political groups as well as European public opinion on major developments and the ways that the European Union could respond.

Amendment 83 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 11

(11) Given the damage ~~from~~caused by Russia’s war of aggression to the Ukrainian economy, society and infrastructure, ~~the support to the country~~Ukraine will require significant support to maintain its functions, as well as short term relief, and assistance for fast recovery, reconstruction and modernisation of the country. Ukraine will require comprehensive support to re"build ~~the economy, to~~back better" through a people- centred recovery that focuses on sustainable development and green transition, improves inclusiveness and cohesion, reduces inequality, and create the foundations ofor a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing ~~well on its path of~~fast towards accession to the European Union.

Amendment 84 #

Proposal for a regulation
Recital 11

(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support and an institutional finance management and reform capacity provided by the Union for Ukraine, which is adequate to the needs of recovery, reconstruction and modernisation of Ukraine to rebuild the economy, to create the foundations of a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing well on its path of accession to the European Union.

Amendment 85 #

Proposal for a regulation
Recital 11

(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country with a strong market economy, anchored in European values, well integrated into the European and global economy, and progressing well on its path of accession to the European Union.

Amendment 86 #

Proposal for a regulation
Recital 11

(11) Given the damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, the support to the country to maintain its functions, as well as short relief, fast recovery, reconstruction and modernisation of Ukraine will require comprehensive support to rebuild the economy, to create the foundations of a free and prosperous country, anchored in European values, well integrated into the European and global economy, and progressing wactivelly on its path of accession to the European Union.

Amendment 87 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 11 a (new)

(11a) Any contribution to Ukraine’s recovery, long-term reconstruction, prosperity and modernisation becomes a vital component for a just and lasting peace.

Amendment 88 #

Proposal for a regulation
Recital 12

(12) In this context, it is necessary to set up a medium-term single instrument that brings together the bilateral support provided by the Union to Ukraine, ensuring coordination and efficiency. To that end, it is necessary to establish a Ukraine Facility (‘the Facility’), giving a necessary public and private finance management and reform implementation capacity and providing a balance between flexibility and programmability of the Union’s response to address Ukraine’s financing gap, recovery, reconstruction and modernisation needs, while at the same time supporting Ukraine’s reforms effort as part its accession path to the Union.

Amendment 89 #

Proposal for a regulation
Recital 12

(12) In this context, it is necessary to set up a medium-term single instrument that brings together the bilateral support provided by the Union to Ukraine, ensuring coordination and efficiency. To that end, it is necessary to establish a Ukraine Facility (‘the Facility’), providing a balance between flexibility and programmability of the Union’s response to address Ukraine’s financing gap, recovery, reconstruction and modernisation needs, while at the same time supporting Ukraine’s reforms effort as part its accession path to the Union. The establishment of the Facility does not alter Ukraine’s financial commitments under MFA+.

Amendment 90 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 13

(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction (the ‘Ukraine Plan’), prepared by the Government of Ukraine, with the consultation of Verkhovna Rada and representatives of civil society organisations, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, clearly articulated with Union accession requirements.

Amendment 91 #

Proposal for a regulation
Recital 13

(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction and accession (the ‘Ukraine Plan’), prepared bytogether by the EU and the Government of Ukraine, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, with EU's budgetary, reform and investment support and clearly articulated with Union accession requirements.

Amendment 92 #

Proposal for a regulation
Recital 13

(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction (the ‘Ukraine Plan’), prepared by the Government of Ukraine, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, that follows a logic of commitments and payments and is clearly articulated with Union accession requirements.

Amendment 93 #

Traian BĂSESCU

Proposal for a regulation
Recital 13

(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction (the ‘Ukraine Plan’), prepared by the Government of Ukraine in close cooperation with the European Commission, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, clearly articulated with Union accession requirements.

Amendment 94 #

Andrius KUBILIUS, Miriam LEXMANN, Sandra KALNIETE, Rasa JUKNEVIČIENĖ

Proposal for a regulation
Recital 13

(13) The Ukraine Facility should be underpinned by a coherent and prioritised plan for reconstruction (the ‘Ukraine Plan’), prepared by the Government of Ukraine and endorsed by the EU, providing a structured and predictable framework for the recovery, reconstruction and modernisation of Ukraine, clearly articulated with Union accession requirements.

Amendment 95 #

Siegfried MUREŞAN

Proposal for a regulation
Recital 15

(15) In this regard, Union support under the Facility should replace the bilateral support provided under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI) established under Regulation (EU) 2021/947 of the European Parliament and of the Council. All NDICI bilateral support formerly programmed for Ukraine should be used for other candidate countries neighbouring the war in Ukraine. It is nevertheless important to ensure that Ukraine can continue to benefit from regional, thematic, rapid response, and other forms of support under NDICI, including cross-border cooperation programmes, and more generally continue to advance regional, macro-regional and cross-border cooperation and territorial development, including through the implementation of Union macro-regional strategies.

Amendment 96 #

Proposal for a regulation
Recital 15

(15) In this regard, Union support under the Facility should ~~replace~~be complimentary with the bilateral support provided under the Instrument for Pre-accession Assistance (IPA), as well as under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI) established under Regulation (EU) 2021/947 of the European Parliament and of the Council. It is nevertheless important to ensure that Ukraine can continue to benefit from regional, thematic, rapid response, and other forms of support under NDICI, including cross-border cooperation programmes, and more generally continue to advance regional, macro-regional and cross-border cooperation and territorial development, including through the implementation of Union macro-regional strategies.

Amendment 97 #

Mick WALLACE, Clare DALY, Manu PINEDA, Özlem DEMIREL

Proposal for a regulation
Recital 15 a (new)

(15a) Ukraine will suffer further destruction and disarray while the war continues. Under the continuation of this scenario the long-term effectiveness and logic of the Facility will be undermined. EU Member States shall make all efforts to increase diplomacy and bring about an end to the war so that our support through the Facility can build lasting results and aid Ukraine with sustainable recovery, reconstruction and modernisation.

Amendment 98 #

Proposal for a regulation
Recital 16

(16) Humanitarian aid, defence or support to Member States providing protection for Ukrainian refugees fleeing the war should be ~~provided outside the Facility~~humanely, adequately, consistently and in timely manner provided outside the Facility and constructively coordinated with other donors. In addition, Ukraine may continue to benefit from relevant existing Union programmes.

Amendment 99 #