CPR4CTBlock2-outcometrilogue_271119
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: 29/11/2019 Common Provisions Regulation CPR: Block 2 Conditions for eligibility and performance framework (Articles 11-15) Version: Outcome of the trilogue on 27/11/2019 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) 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 to be validated at trilogue level [No change] CHAPTER II [no change] [no change] Provisional common understanding II - 3 Enabling conditions and performance to be validated at trilogue level framework [No change] 1 Article 11 [no change] [no change] Provisional common understanding II - 4 Enabling conditions to be validated at trilogue level [No change] 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: 29/11/2019 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) 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 ('enabling conditions') are laid down in implementation ('enabling conditions') objectives, prerequisite conditions for and efficient implementation ('enabling this Regulation. are laid down in this Regulation. its their effective and efficient conditions') are laid down in this implementation ('enabling Regulation. Enabling conditions shall conditions') are laid down in this apply to the extent to which they Regulation. contribute to the achievement of the specific objectives of the programme. Annex III lays down horizontal [no change] [no change] Provisional common understanding II - 6 enabling conditions applicable to all to be validated at trilogue level specific objectives and the criteria necessary for the assessment of their [No change] fulfilment. Annex IV lays down thematic [no change] [no change] Provisional common understanding II - 7 enabling conditions for the ERDF, the to be validated at trilogue level Cohesion Fund and the ESF+ and the criteria necessary for the assessment [No change] of their fulfilment. The enabling condition regarding Provisional common understanding II - 8 the tools and capacity for effective to be validated at trilogue level application of State aid rules is not applicable to programmes supported The enabling condition regarding by the AMIF, the BMVI and the the tools and capacity for effective ISF. application of State aid rules is not applicable to programmes supported by the AMIF, the BMVI and the ISF. 2
Date: 29/11/2019 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) 2. When preparing a programme or Amendment 110 2. When preparing a programme or Provisional common understanding: 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 II - 9 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 selected specific objective are fulfilled. fulfilled where all the related criteria principle of proportionality. An linked to the selected specific An enabling condition is fulfilled are met. The Member State shall enabling condition is fulfilled where objective are fulfilled. An enabling where all the related criteria are met. identify in each programme or in the all the related criteria are met. The condition is fulfilled where all the The Member State shall identify in programme amendment the fulfilled Member State shall identify in each related criteria are met. The Member each programme or in the programme and non-fulfilled enabling conditions programme or in the programme State shall identify in each amendment the fulfilled and non- and where it considers that an enabling amendment the fulfilled and non- programme or in the programme fulfilled enabling conditions and where condition is fulfilled, it shall provide fulfilled enabling conditions and where amendment the fulfilled and non- it considers that an enabling condition justification. 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 (Agreeement on the recital to be seen enabling conditions. at the technical level Recital (17) 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 3
Date: 29/11/2019 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 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 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 to be validated at trilogue level programme or the programme amendment, the Member State shall [no change] report to the Commission as soon as it considers the enabling condition fulfilled with justification. 4
Date: 29/11/2019 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) 4. The Commission shall, within three Amendment 111 [no change] Provisional common understanding II - 11 months of receipt of the information to be validated at trilogue level 4. The Commission shall, within three referred to in paragraph 3, perform an two months of receipt of the assessment and inform the Member 4. The Commission shall, as soon as information referred to in paragraph 3, State where it agrees with the possible and no later than within perform an assessment and inform the fulfilment. three months of after receipt of the Member State where it agrees with the information referred to in paragraph fulfilment. 3, perform an assessment and inform the Member State where it agrees with the fulfilment of the enabling condition. 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 the assessment of the Member State, it accordingly and give it the opportunity accordingly and give it the opportunity shall inform the Member State Where the Member State disagrees to present its observations within one to present its observations within one accordingly and give it the opportunity month. month. setting out its assessment with this assessment, it shall to present its observations within one accordingly. The Member State shall present its observations within one month maximum two months. month and the Commission shall react in accordance with the procedure set out in paragraph 3. proceed in accordance with the first sub-paragraph. Where the Member State accepts the assessement of the Commission, 5
Date: 29/11/2019 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) 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, enabling condition pursuant to the until the Commission has informed without prejudice to the suspension of first sub-paragraph of paragraph 4. the Member State of the fulfilment of the reimbursement itself until such the enabling condition pursuant to the time as the condition is fulfilled. 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 to be validated at trilogue level fulfilment of the corresponding enabling condition. [no change] 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 to be validated at trilogue level applied throughout the programming fulfilled and applied throughout the period. It shall inform the Commission programming period. It shall inform 6. The Member State shall ensure that of any modification impacting the the Commission of any modification enabling conditions are remain fulfilment of enabling conditions. fulfilled and applied respected throughout the programming period. 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. 6
Date: 29/11/2019 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) impacting the fulfilment of enabling It shall inform the Commission of any conditions. 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 paragraphs of paragraph 4 shall be from the date the Commission informs concerned cannot shall not be followed. the Member State accordingly. included in payment applications reimbursed by the Commission to Where the Commission concludes 1 the Member State as from the date that the non-fulfilment of the the Commission informs the Member enabling condition persists and State accordingly. 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
Date: 29/11/2019 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) 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. to be validated at trilogue level 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 to be validated at trilogue level [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 to be validated at trilogue level The Member State, where appropriate, which shall allow monitoring, framework which shall allow in cooperation with local and regional reporting on and evaluating monitoring, reporting on and [no change] authorities, shall establish a programme performance during its evaluating programme performance performance framework which shall EP AMD 115 to be revisited if relevant implementation, and contribute to during its implementation, and allow monitoring, reporting on and based on the outcome of discussion on measuring the overall performance of contribute to measuring the overall evaluating programme performance CPR Block 1 (Art.6)’. the Funds. 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: to be validated at trilogue level [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 to be validated at trilogue level Fund-specific Regulations; 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. 8
Date: 29/11/2019 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) 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 to be validated at trilogue level 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 to be validated at trilogue level 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 to be validated at trilogue level 2. Milestones and targets shall be objective within a programme, with objective within a programme, with established in relation to each specific the exception of technical assistance the exception of technical assistance 2. Milestones and targets shall be objective within a programme, with and of the specific objective implemented pursuant to Article established in relation to each specific the exception of technical assistance addressing material deprivation set out 30(5) and to Article 32 and of the objective within a programme, with and of the specific objective in Article [4(c)(vii)] of the ESF+ specific objective addressing material the exception of technical assistance addressing material deprivation set out Regulation. deprivation set out in Article and of the specific objective in Article [4(c)(vii)] [4(1)(xi)] of the [4(c)(vii1)(xi)] of the ESF+ addressing material deprivation set ESF+ Regulation. Regulation. out in Article [4(c)(vii)] [4(1)(xi)] of 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) 9
Date: 29/11/2019 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) 3. Milestones and targets shall allow [no change] [no change] Provisional common understanding II - 25 the Commission and the Member State to be validated at trilogue level to measure progress towards the achievement of the specific objectives. [no change] 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 to be validated at trilogue level 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 to be validated at trilogue level 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; to be validated at trilogue level [no change] (b) data or evidence used, data quality [no change] [no change] Provisional common understanding II - 29 assurance and the calculation method; to be validated at trilogue level [no change] 10
