CPR4CTBlock1-trilogue10122019_15102020
Dieses Dokument ist Teil der Anfrage „Gemeinsame Bestimmungen für den Europäischen Fonds für regionale Entwicklung, den Europäischen Sozialfonds Plus, den Kohäsionsfonds und ...“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
COMMON PROVISIONS REGULATION: BLOCK 1 - Strategic approach and programming DATE: 15/10/2020 Version: Outcome of the trilogues on 10/12/19 and on 15 October 2020 European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) TABLE OF CONTENTS [Provisional common understanding] I-1 [… TO BE INSERTED] TITLE I [no change] TITLE I Comment: For block 7 I-2 OBJECTIVES AND GENERAL OBJECTIVES AND GENERAL RULES ON SUPPORT RULES CHAPTER II [no change] [no change] [Provisional common understanding] I-3 Policy objectives and principles for [no change] the support of the Funds Article 4 [no change] [no change] [Provisional common understanding] I-4 Policy objectives [no change] 1. The ERDF, the ESF+, the [no change] [no change] [Provisional common understanding] I-5 Cohesion Fund and the EMFF shall [no change] support the following policy objectives: (a) a smarter Europe by promoting Amendment 63 [no change] [Provisional common understanding] I-6 innovative and smart economic (a) a more competitive and smarter (a) a more competitive and smarter transformation; Europe by promoting innovative and Europe by promoting innovative and smart economic transformation and smart economic transformation; strengthening small and medium- sized enterprises; 1
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) (b) a greener, low-carbon Europe by Amendment 64 (b) a greener, low-carbon and [Provisional common understanding] I-7 promoting clean and fair energy resilient Europe by promoting clean (b) a greener, low-carbon (b) a greener, low-carbon transition, green and blue investment, and fair energy transition, green and transitioning towards a net zero transitioning towards a net zero the circular economy, climate blue investment, the circular carbon economy and resilient carbon economy and resilient adaptation and risk prevention and economy, climate adaptation and risk Europe by promoting clean and fair Europe by promoting clean and fair management; prevention and management; energy transition, green and blue energy transition, green and blue investment, the circular economy, investment, the circular economy, climate change mitigation and climate change mitigation and adaptation and risk prevention and adaptation and risk prevention and management; management; (c) a more connected Europe by Amendment 65 [no change] [Provisional common understanding] I-8 enhancing mobility and regional ICT (c) a more connected Europe by [no change] connectivity; enhancing mobility, including smart and sustainable mobility, and regional ICT connectivity; 1 (d) a more social Europe Amendment 66 [no change] [Provisional common understanding] I-9 implementing the European Pillar of (d) a more social and inclusive (d) a more social and inclusive Social Rights; Europe implementing the European Europe implementing the European Pillar of Social Rights; Pillar of Social Rights; (e) a Europe closer to citizens by Amendment 67 (e) a Europe closer to citizens by [Provisional common understanding] I - 10 fostering the sustainable and fostering the sustainable and (e) a Europe closer to citizens by (e) a Europe closer to citizens by integrated development of urban, integrated development of urban, fostering the sustainable and fostering the sustainable and rural and coastal areas and local rural and coastal areas and local integrated development of all integrated development of all types initiatives. initiativesall types of territories. regions, urban, rural and coastal of territories urban, rural and coastal areas and local initiatives. areas and local initiatives. 1 EP position: a new recital is added, as follows: (9a) Given the impact of migration flows from third countries, cohesion policy should contribute to integration processes, in particular by providing infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies. 2
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) 2. The ERDF, the ESF+ and the [no change] [no change] [Provisional common understanding] I - 11 Cohesion Fund shall contribute to the [no change] actions of the Union leading to strengthening of its economic, social and territorial cohesion in accordance with Article 174 of the TFEU by pursuing the following goals: (a) Investment for jobs and growth [no change] [no change] [Provisional common understanding] I - 12 in Member States and regions, to be [no change] supported by the ERDF, the ESF+ and the Cohesion Fund; and (b) European territorial cooperation [no change] [no change] [Provisional common understanding] I - 13 (Interreg), to be supported by the [no change] ERDF. 2 3. Member States shall provide Amendment 68 [no change] [Provisional common understanding] I - 14 information on the support for 3. Member States shall ensure [no change] environment and climate objectives climate proofing for relevant using a methodology based on types operations through the entire of intervention for each of the Funds. planning and implementation That methodology shall consist of process and shall provide assigning a specific weighting to the information on the support for support provided at a level which environment and climate objectives reflects the extent to which such using a methodology based on types support makes a contribution to of intervention for each of the Funds. environmental objectives and to That methodology shall consist of climate objectives. In the case of the assigning a specific weighting to the ERDF, the ESF+ and the Cohesion support provided at a level which 2 EP position: Consequential amendment to the corresponding Recital: (9) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream mainstreaming climate actions and to the achievement of an overall target of 25 30 % of the EU budget expenditure supporting climate objectives. Climate proofing mechanisms should be an integral part of programming and implementation. 3
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) Fund weightings shall be attached to reflects the extent to which such dimensions and codes for the types of support makes a contribution to intervention established in Annex I. environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I. 3 4 Member States and the Amendment 69 4. Member States and the [Provisional common understanding] I - 15 Commission shall ensure the Commission shall ensurepromote the 4. In accordance with their 4. Member States and the coordination, complementarity and coordination, complementarity and respective responsibilities and in line Commission shall ensurepromote the coherence between the Funds and coherence between the Funds and with the principles of subsidiarity coordination, complementarity and other Union instruments such as the other Union instruments such as the and multilevel governance, Member coherence between the Funds and Reform Support Programme, Reform Support Programme, States and the Commission shall other Union instruments such as the including the Reform Delivery Tool including the Reform Delivery Tool ensure the coordination, Reform Support Programme, and the Technical Support and the Technical Support complementarity and coherence including the Reform Delivery Tool Instrument. They shall optimise Instrumentand funds. They shall between the Funds and other Union and the Technical Support mechanisms for coordination optimise mechanisms for instruments such as the Reform Instrumentand funds. They shall between those responsible to avoid coordination between those Support Programme, including the optimise mechanisms for duplication during planning and responsible to avoid duplication Reform Delivery Tool and the coordination between those implementation. during planning and implementation. Technical Support Instrument. They responsible to avoid duplication Accordingly, Member States and shall optimise mechanisms for during planning and implementation. the Commission shall also take into coordination between those Accordingly, Member States and account the relevant country- responsible in order to avoid the Commission shall also take into specific recommendations in the duplication during planning and account the relevant country- programming and implementation implementation. specific recommendations in the of the Funds. programming and implementation 3 EP position: Recital (40) is amended as follows: (40) In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. This policy coordination should promote easy-to-use mechanisms and multi-level governance. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds. 4
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) of the Funds. Amendment 70 [Provisional common understanding] I - 16 4a. Member States and the [no change] Commission shall ensure compliance with relevant State aid rules. Article 5 [no change] [no change] [Provisional common understanding] I - 17 Shared management [no change] 4 1. The Member States and the Amendment 71 [no change] [provisional common understanding] I - 18 Commission shall implement the 1. The Member States, in 1. The Member States and the budget of the Union allocated to the accordance with their institutional Commission shall implement the Funds under shared management in and legal framework, and the budget of the Union allocated to the accordance with Article [63] of Commission shall implement the Funds under shared management in Regulation (EU, Euratom) [number budget of the Union allocated to the accordance with Article [63] of of the new financial regulation] (the Funds under shared management in Regulation (EU, Euratom) [number 'Financial Regulation'). accordance with Article [63] of of the new financial regulation] (the Regulation (EU, Euratom) [number 'Financial Regulation'). Member of the new financial regulation] (the States shall prepare and implement 'Financial Regulation'). programmes at the appropriate territorial level in accordance with their institutional, legal and financial framework. 4 EP position: The corresponding recital is amended as follows: (10) Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared 12 management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination. Member States should be responsible for preparing and implementing programmes. This should take place at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and by the bodies designated by them for that purpose. Member States should refrain from adding rules that complicate the use of the funds for beneficiaries. 5
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) Member States shall prepare and [provisional common understanding] I - 19 implement the support from the Comment: Council amendment Funds at the appropriate territorial withdrawn as it is covered in row 18 level, in accordance with their institutional, legal and financial framework. 2. However, the Commission shall Amendment 72 [no change] [Provisional common understanding] I - 20 implement the amount of support 2. However, Without prejudice to [no change] from the Cohesion Fund transferred Article 1(2), the Commission shall to the Connecting Europe Facility implement the amount of support ('CEF'), the European Urban from the Cohesion Fund transferred Initiative, Interregional Innovative to the Connecting Europe Facility Investments, the amount of support ('CEF'), the European Urban transferred from the ESF+ to Initiative, Interregional Innovative transnational cooperation, the 5 Investments, the amount of support amounts contributed to InvestEU transferred from the ESF+ to and technical assistance at the transnational cooperation, the initiative of the Commission under 37 amounts contributed to InvestEU direct or indirect management in and technical assistance at the accordance with [points (a) and (c) of initiative of the Commission under Article 62(1)] of the Financial direct or indirect management in Regulation. accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation. 3. The Commission may implement Amendment 73 3. In agreement with the Member [Provisional common understanding] I - 21 outermost regions' cooperation under State concerned, the Commission 3. The Commission may, with the 3. The Commission may, with the the European territorial cooperation may implement outermost regions' agreement of the Member State and agreement of the Member State goal (Interreg) under indirect cooperation under the European the region concerned, implement and the regions management. outermost regions' cooperation under concerned, implement outermost 5 [Regulation (EU) No […] on […] (OJ L […], […], p. […])]. 6
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) the European territorial cooperation territorial cooperation goal (Interreg) regions' cooperation under the goal (Interreg) under indirect under indirect management. European territorial cooperation goal management. (Interreg) under indirect management. 6 Article 6 [no change] [no change] [Provisional common understanding] I - 22 Partnership and multi-level [no change] governance 1. Each Member State shall organise Amendment 74 1. Each Member State shall organise [Provisional common understanding] I - 23 a partnership with the competent and implement a partnership with 1. For the Partnership Agreement 1. For the Partnership Agreement regional and local authorities. That the involvement of relevant and each programme, each Member and each programme, each Member partnership shall include at least the partners in accordance with State shall, in accordance with its State shall organise and implement a following partners: Commission Delegated Regulation institutional and legal framework, 7 comprehensive partnership in (EU) No 240/2014 , taking into organise a fully - fledged, effective accordance with its institutional and account specificities of the Funds. partnership with the competent legal framework and taking into competent regional and local regional and local authorities. That account the specificities of the authorities. That partnership shall partnership shall include at least the Funds with the competent regional include at least the following following partners: and local authorities. That partnership partners: shall include at least the following partners: (a) urban and other public Amendment 75 (a) urban and other public [Provisional common understanding] I - 24 authorities; authorities; (a) regional, local, urban and other (a) regional, local, urban and other public authorities; public authorities; (b) economic and social partners; [no changes] (b) economic and social partners; [Provisional common understanding] I - 25 6 EP position: changes in the text of the Article 6 entail the following amendment to the corresponding recital: (11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of regional, local, and other public authorities, civil society and social partners. In order to provide 13 continuity in the organisation of partnership, the Commission should be empowered to amend and adapt Commission Delegated Regulation (EU) No 240/2014 should continue to apply. 7 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1). 7
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) (b) economic and social partners; (c) relevant bodies representing Amendment 76 (c) relevant bodies representing [Provisional common understanding] I - 26 civil society, environmental partners, civil society, environmental partners, (c) relevant bodies representing (c) relevant bodies representing civil and bodies responsible for promoting and bodies responsible for promoting civil society, such as environmental society, such as environmental social inclusion, fundamental rights, social inclusion, fundamental rights, partners, non-governmental partners, non-governmental rights of persons with disabilities, rights of persons with disabilities, organisations, and bodies responsible organisations, and bodies responsible gender equality and non- gender equality and non- for promoting social inclusion, for promoting social inclusion, discrimination. discrimination. fundamental rights, rights of persons fundamental rights, rights of persons with disabilities, gender equality and with disabilities, gender equality and non-discrimination. non-discrimination. Amendment 77 [Provisional common understanding] I - 27 (ca) research institutions and (ca) research institutions and universities, where appropriate. universities, where appropriate. 2. In accordance with the multi-level Amendments 78 and 459 2. In accordance with the multi-level [Provisional common understanding] I – 28 governance principle, the Member governance principle, the Member 2. In accordance with the multi-level 2. The partnership established under State shall involve those partners in State shall involve those partners in governance principle and following a paragraph 1 shall operate in the preparation of Partnership the preparation of Partnership bottom-up approach, the Member accordance with the multi-level Agreements and throughout the Agreements and throughout the State shall involve those partners in governance principle and a bottom- preparation and implementation of preparation and implementation of the preparation of Partnership up approach. The Member State programmes including through programmes including through Agreements and throughout the shall involve those partners in the participation in monitoring participation in monitoring preparation and , implementation and preparation of Partnership committees in accordance with committees in accordance with evaluation of programmes including Agreements and throughout the Article 34. Article 34. through participation in monitoring preparation and, implementation and committees in accordance with evaluation of programmes including Article 34. In that context, Member through participation in monitoring States shall allocate an appropriate committees in accordance with percentage of the resources coming Article 34. from the Funds for the In that context, Member States shall, administrative capacity building of where relevant, allocate an social partners and civil society appropriate percentage of the 8
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) organisations. For cross-border resources coming from the Funds programmes, the Member States for the administrative capacity concerned shall include partners building of social partners and civil from all participating Member society organisations. For Interreg States. programmes, the Partnership shall include partners from all participating Member States. 3. The organisation and Amendment 79 3. The organisation and [Provisional common understanding] I - 29 implementation of partnership shall implementation of partnership shall 3. The organisation and 3. The organisation and be carried out in accordance with be carried out in accordance with implementation of partnership shall implementation of partnership shall Commission Delegated Regulation Commission Delegated Regulation 8 be carried out in accordance with 3 be carried out in accordance with (EU) No 240/2014 . (EU) No 240/2014 . Commission Delegated Regulation Commission Delegated Regulation 3 3 (EU) No 240/2014 . The (EU) No 240/2014 . Commission is empowered to adopt New paragraph in Article 110 delegated acts, in accordance with agreed: Article 107, concerning amendments to Delegated Regulation (EU) The empowerment conferred in 240/2014 in order to adapt that paragraph 3 of Article 5 of Delegated Regulation to this Regulation (EU) No 1303/2013 on Regulation. the Commission to adopt a delegated act to provide for a European code of conduct on partnership (the ‘code of conduct’) shall remain in force for the 2021- 2027 programming period. The delegation of power shall be exercised in accordance with Article 108. [Consequential adjustments are required to recitals 11 or 69. Article 8 Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1). 9
European Parliament position Commission proposal Council position (EP amendments) Compromise proposal, comments Row COM(2018)375 (Coreper mandate 19/12/18) (Plenary mandate 13/2/19) 108(3) and (6) should refer to the new text of Article 110.] 4. At least once a year, the Amendment 80 4.2. At least once a year, the [Provisional common understanding] I - 30 Commission shall consult the Commission shall consult the 4. At least once a year, the 4. At least once a year, the organisations which represent the organisations which represent the Commission shall consult the Commission shall consult partners at Union level on the partners at Union level on the organisations which represent the organisations which represent implementation of programmes. implementation of programmes. partners at Union level on the partners at Union level on the implementation of programmes, and implementation of programmes, and shall report to the European shall report to the European Parliament and Council on the Parliament and Council on the outcome. outcome. 9 Amendment 81 [Provisional common understanding] I - 31 Article 6 a (new) Article 6 a (new) Horizontal Principles Horizontal Principles 9 EP position: - Recital (5) to be amended as follows: (5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of the Child and of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation or exclusion, or support infrastructure which is inaccessible to persons with a disability. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article191(1) of the TFEU, taking into account the polluter pays principle and taking into account the commitments agreed under the Paris Agreement. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. Poverty is one of the greatest challenges of the EU. The Funds should therefore contribute to the elimination of poverty. They should also contribute to fulfilling the commitment of the Union and its Member States to achieving the United Nations’ Sustainable Development Goals. - First sentence of Recital (38) is amended as follows: (38) To ensure the inclusiveness, effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are non-discriminatory and long-lasting and prevent the Funds from being used to undue advantage. (...) 10
