CPR4CTBlock2-outcome_10_12_19
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.
Date: 11/12/2019 Common Provisions Regulation CPR: Block 2 Conditions for eligibility and performance framework (Articles 11-15) Version: Outcome of trilogue on 10/12/19 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) TABLE OF CONTENTS Provisional common understanding II - 1 under Block 1 TABLE OF CONTENTS [… TO BE INSERTED] FOR THE CPR Title II [no change] [no change] Provisional common understanding II - 2 Strategic Approach [No change] CHAPTER II [no change] [no change] Provisional common understanding II - 3 Enabling conditions and performance framework [No change] 1 Article 11 [no change] [no change] Provisional common understanding II - 4 Enabling conditions [No change] 1. For each specific objective, Amendment 109 1. For each the specific objective Provisional common understanding II - 5 prerequisite conditions for its effective objectives, prerequisite conditions for For each specific objective, and efficient implementation its their effective and efficient 1. For each the specific objective prerequisite conditions for its effective objectives, prerequisite conditions for and efficient implementation ('enabling 1 EP position: - the first sentence of recital (17) is amended as follows: (17) To ensure the necessary prerequisites for the inclusive, non-discriminatory, effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. (...) - under Article 2 (line VII-24) definition of enabling condition is added: (1 a) ‘enabling condition' means a concrete and precisely defined condition which has a genuine link to a direct impact on the effective and efficient achievement of a specific objective of the programme; 1
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) ('enabling conditions') are laid down in conditions') are laid down in this implementation ('enabling conditions') its their effective and efficient this Regulation. Regulation. Enabling conditions shall are laid down in this Regulation. implementation ('enabling apply to the extent to which they conditions') are laid down in this contribute to the achievement of the Regulation. specific objectives of the programme. Annex III lays down horizontal [no change] [no change] Provisional common understanding II - 6 enabling conditions applicable to all specific objectives and the criteria [No change] necessary for the assessment of their fulfilment. Annex IV lays down thematic [no change] [no change] Provisional common understanding II - 7 enabling conditions for the ERDF, the Cohesion Fund and the ESF+ and the [No change] criteria necessary for the assessment of their fulfilment. The enabling condition regarding Provisional common understanding II - 8 the tools and capacity for effective application of State aid rules is not The enabling condition regarding applicable to programmes supported the tools and capacity for effective by the AMIF, the BMVI and the application of State aid rules is not ISF. applicable to programmes supported by the AMIF, the BMVI and the ISF. 2. When preparing a programme or Amendment 110 2. When preparing a programme or Provisional common understanding II - 9 introducing a new specific objective as introducing a new specific objective as 2. When preparing a programme or part of a programme amendment, the part of a programme amendment, the 2. When preparing a programme or introducing a new specific objective as Member State shall assess whether the Member State shall assess whether the introducing a new specific objective part of a programme amendment, the enabling conditions linked to the applicable enabling conditions linked as part of a programme amendment, Member State shall assess whether the selected specific objective are to the selected specific objective are the Member State shall assess enabling conditions linked to the fulfilled. An enabling condition is fulfilled, taking into account the whether those the enabling conditions 2
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) fulfilled where all the related criteria selected specific objective are fulfilled. principle of proportionality. An linked to the selected specific are met. The Member State shall An enabling condition is fulfilled enabling condition is fulfilled where objective are fulfilled. An enabling identify in each programme or in the where all the related criteria are met. all the related criteria are met. The condition is fulfilled where all the programme amendment the fulfilled The Member State shall identify in Member State shall identify in each related criteria are met. The Member and non-fulfilled enabling conditions each programme or in the programme programme or in the programme State shall identify in each and where it considers that an enabling amendment the fulfilled and non- amendment the fulfilled and non- programme or in the programme condition is fulfilled, it shall provide fulfilled enabling conditions and where fulfilled enabling conditions and where amendment the fulfilled and non- justification. it considers that an enabling condition it considers that an enabling condition fulfilled enabling conditions and is fulfilled, it shall provide is fulfilled, it shall provide where it considers that an enabling justification. On the request of a justification. condition is fulfilled, it shall provide Member State, the EIB may justification. contribute to the assessments of actions needed to fulfil the relevant Recital (17) enabling conditions. To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Without prejudice to the rules on decommitment, wWhere those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be reimbursed by the Commissionincluded in payment applications.. In order to maintain a favourable investment framework, the 3
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) continued fulfilment of the enabling conditions should be monitored regularly. On the request of a Member State, the EIB may contribute to the assessment of the fulfilment of enabling conditions. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework. 3. Where an enabling condition is not [no change] [no change] Provisional common understanding II - 10 fulfilled at the time of approval of the programme or the programme [no change] amendment, the Member State shall report to the Commission as soon as it considers the enabling condition fulfilled with justification. 4. The Commission shall, within three Amendment 111 [no change] Provisional common understanding II - 11 months of receipt of the information 4. The Commission shall, within three referred to in paragraph 3, perform an 4. The Commission shall, as soon as two months of receipt of the assessment and inform the Member possible and no later than within information referred to in paragraph 3, State where it agrees with the three months of after receipt of the perform an assessment and inform the fulfilment. information referred to in paragraph Member State where it agrees with the 3, perform an assessment and inform fulfilment. the Member State where it agrees with the fulfilment of the enabling condition. 4
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within one month. setting out its assessment. Where the Commission disagrees with Amendment 112 Where the Commission disagrees with Provisional common understanding: II - 12 the assessment of the Member State, it the assessment of the Member State, it Where the Commission disagrees with shall inform the Member State shall inform the Member State Where the Member State disagrees the assessment of the Member State, it accordingly and give it the opportunity accordingly and give it the opportunity with this assessment, it shall shall inform the Member State to present its observations within one to present its observations within one present its observations within one accordingly and give it the opportunity month. month. setting out its assessment month and the Commission shall to present its observations within one accordingly. The Member State shall proceed in accordance with the month maximum two months. react in accordance with the first sub-paragraph. procedure set out in paragraph 3. Where the Member State accepts the assessement of the Commission, it shall proceed in accordance with paragraph 3. 5. Expenditure related to operations Amendment 113 5. Without prejudice to Article 99, Provisional common understanding II - 13 linked to the specific objective cannot expenditure related to operations Expenditure related to operations be included in payment applications linked to the specific objective cannot 5. Without prejudice to Article 99, linked to the specific objective may until the Commission has informed the shall not be included in payment expenditure related to operations cannot be included in payment Member State of the fulfilment of the applications reimbursed by the linked to the specific objective may applications until before the 2 enabling condition pursuant to Commission to the Member State cannot be included in payment Commission has informed the Member paragraph 4. until the Commission has informed the applications but shall not be State of the fulfilment of the enabling Member State of the fulfilment of the reimbursed by the Commission condition pursuant to paragraph 4, until the Commission has informed without prejudice to the suspension of 2 Council position: Changes proposed in Articles 11(5) and 11(6) entail a modification of Article 87(1), as follows: "Without prejudice to Article 11(5) and (6) and subject to available funding, the Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission. 5
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) the reimbursement itself until such enabling condition pursuant to the the Member State of the fulfilment of time as the condition is fulfilled. first sub-paragraph of paragraph 4. the enabling condition pursuant to the first sub-paragraph of paragraph 4. * Council related amendment to Article 87(1) is left for the CPR negotiations on Block 6. The first sub-paragraph shall not apply [no change] [no change] Provisional common understanding II - 14 to operations that contribute to the fulfilment of the corresponding [no change] enabling condition. 6. The Member State shall ensure that [no change] 6. The Member State shall ensure that Provisional common understanding II - 15 enabling conditions are fulfilled and enabling conditions are remain applied throughout the programming fulfilled and applied throughout the 6. The Member State shall ensure that period. It shall inform the Commission programming period. It shall inform enabling conditions are remain of any modification impacting the the Commission of any modification fulfilled and applied respected fulfilment of enabling conditions. impacting the fulfilment of enabling throughout the programming period. conditions. It shall inform the Commission of any modification impacting the fulfilment of enabling conditions. Where the Commission considers that [no change] Where the Commission considers that Provisional common understanding : II - 16 an enabling condition is no longer an enabling condition is no longer fulfilled, it shall inform the Member fulfilled, it shall inform the Member Where the Commission considers that State and give it the opportunity to State setting out its assessment and an enabling condition is no longer present its observations within one give it the opportunity to present its fulfilled, it shall inform the Member month. Where the Commission observations within one month. Where State setting out its assessment and concludes that the non-fulfilment of the Commission concludes that the give it the opportunity to present its the enabling condition persists, non-fulfilment of the enabling observations within one month. expenditure related to the specific condition persists, and without Subsequently, the procedure set out objective concerned cannot be prejudice to Article 99, expenditure in the second and third sub- included in payment applications as related to the specific objective concerned cannot shall not be 6
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) from the date the Commission informs included in payment applications paragraphs of paragraph 4 shall be the Member State accordingly. reimbursed by the Commission to followed. 1 the Member State as from the date the Commission informs the Member Where the Commission concludes State accordingly. that the non-fulfilment of the enabling condition persists and without prejudice to Article 99, based on the observations of the Member State, expenditure related to the specific objective concerned cannot may cannot be included in payment applications but shall not be reimbursed by the Commission until the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to the first sub-paragraph of paragraph 4. 7. Annex IV shall not apply to [no change] 7. Annex IV shall not apply to Provisional common understanding II - 17 programmes supported by the EMFF. programmes supported by the EMFF. 7. Annex IV shall not apply to programmes supported by the EMFF. 3 Article 12 [no change] Article 12 Provisional common understanding II - 18 Performance framework Performance framework [no change] 1. The Member State shall Amendment 115 1. For each programme, the Member Provisional common understanding II - 19 establish a performance framework State shall establish a performance The Member State, where appropriate, which shall allow monitoring, framework which shall allow [no change] in cooperation with local and regional reporting on and evaluating monitoring, reporting on and 3 EP position: Recital (18) should be amended as follows: (18) Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance. This should allow project selection and evaluation to be result-driven. 7
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) programme performance during its authorities, shall establish a evaluating programme performance EP AMD 115 to be revisited if relevant implementation, and contribute to performance framework which shall during its implementation, and based on the outcome of discussion on measuring the overall performance of allow monitoring, reporting on and contribute to measuring the overall CPR Block 1 (Art.6)’. the Funds. evaluating programme performance performance of the Funds. during its implementation, and contribute to measuring the overall performance of the Funds. The performance framework shall [no change] [no change] Provisional common understanding II - 20 consist of: [no change] (a) the output and result indicators [no change] (a) the output and result indicators Provisional common understanding II - 21 linked to specific objectives set in the linked to specific objectives set in the Fund-specific Regulations; Fund-specific Regulations identified (a) the output and result indicators for the programme; linked to specific objectives set in the Fund-specific Regulations selected for the programme; (b) milestones to be achieved by the [no change] (b) milestones to be achieved by the Provisional common understanding II - 22 end of the year 2024 for output end of the year 2024 for output indicators; and indicators; and [no change] (c) targets to be achieved by the end of [no change] [no change] Provisional common understanding II - 23 the year 2029 for output and result indicators. [no change] 2. Milestones and targets shall be Amendment 116 2. Milestones and targets shall be Provisional common understanding II - 24 established in relation to each specific established in relation to each specific 2. Milestones and targets shall be objective within a programme, with objective within a programme, with 2. Milestones and targets shall be established in relation to each specific the exception of technical assistance the exception of technical assistance established in relation to each specific objective within a programme, with and of the specific objective implemented pursuant to Article objective within a programme, with the exception of technical assistance addressing material deprivation set out 30(5) and to Article 32 and of the the exception of technical assistance and of the specific objective specific objective addressing material and of the specific objective addressing material deprivation set out deprivation set out in Article addressing material deprivation set 8
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) in Article [4(c)(vii)] of the ESF+ in Article [4(c)(vii)] [4(1)(xi)] of the [4(c)(vii1)(xi)] of the ESF+ out in Article [4(c)(vii)] [4(1)(xi)] of Regulation. ESF+ Regulation. Regulation. the ESF+ Regulation. Reference to Art.30(5) and 32 in Council AMD is linked to CPR Block 1 (to be aligned after agreement on Block 1) 3. Milestones and targets shall allow [no change] [no change] Provisional common understanding II - 25 the Commission and the Member State to measure progress towards the [no change] achievement of the specific objectives. They shall meet the requirements set out in Article [33(3)] of the Financial Regulation. Article 13 [no change] [no change] Provisional common understanding II - 26 Methodologies for the establishment of the performance framework Article 13 Methodologies Methodology for the establishment of the performance framework 1. The methodologies to establish the [no change] 1. For each programme, the Provisional common understanding II - 27 performance framework shall include: methodologies to establish the performance framework shall include: 1. The methodologies methodology to establish the performance framework shall include: (a) the criteria applied by the Member [no change] (a) the criteria applied by the Member Provisional common understanding II - 28 State to select indicators; State to select identify indicators; [no change] 9
Date: 11/12/2019 Council position Commission proposal European Parliament's first reading (COREPER partial mandate Compromise proposal, comments Row COM(2018)375 (27/3/19) 15/2/2019) (b) data or evidence used, data quality [no change] [no change] Provisional common understanding II - 29 assurance and the calculation method; [no change] (c) factors that may influence the [no change] [no change] Provisional common understanding II - 30 achievement of the milestones and targets and how they were taken into [no change] account. 2. The Member State shall make those [no change] [no change] Provisional common understanding II - 31 methodologies available upon request by the Commission. 2. The Member State shall make those methodologies that methodology available upon request by the Commission. 4 Article 14 [no change] Article 14 Provisional common understanding II - 32 Mid-term review Mid-term review and flexibility 5 Article 14 amount Mid-term review and flexibility amount 4 EP position: The amendments to Article 14 entail the following amendment to Recital (19): (19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024, as well as progress with the National Energy and Climate Plans and the European Pillar of Social Rights. Demographic challenges should also be taken into account. (...) 5 Council position: The amendments made in Article 14 require an amendment in Art.80(1) as follows: "1. The decision approving the programme in accordance with Article 18 shall constitute a financing decision within the meaning of [Article 110(3)] of the Financial Regulation and its notification to the Member State concerned shall constitute a legal commitment.That decision shall specify the Union contribution per Fund and per year. However, for programmes under the Investment for jobs and growth goal an amount corresponding to 50% of the Union contribution for the Investment for jobs and growth goal for the years 2026 and 2027 ('flexibility amount') shall only be definitively allocated after the adoption of the Commission decision following the mid-term review as referred to in Article 14." 10
