CPR4CT_recitals_Aricles_consolidated_outcometrilogue18_11_20
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: Full consolidated version (Recitals and Articles) DATE: 19/11/2020 Version: Outcome of the trilogue on 18 November 2020 Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row TABLE OF CONTENTS Provisional common understanding on a I-1, II-1, 1 [… TO BE INSERTED] Table of Contents for all Articles III-1, (covering all Blocks) IV-1, VI-1 & VII-1 REGULATION OF THE EUROPEAN REGULATION OF THE EUROPEAN 2 PARLIAMENT AND OF THE PARLIAMENT AND OF THE COUNCIL COUNCIL laying down common provisions on the laying down common provisions on the Former 3 European Regional Development Fund, European Regional Development Fund, the European Social Fund Plus, the the European Social Fund Plus, the Cohesion Fund, and the European Cohesion Fund, the European Maritime and Fisheries Fund and Agricultural Fund for Rural financial rules for those and for the Development, and the European Asylum and Migration Fund, the Internal Maritime and Fisheries Fund and Security Fund and the Border financial rules for those and for the Management and Visa Instrument Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument laying down common provisions on the laying down common provisions on the New 4 European Regional Development Fund, European Regional Development Fund, the European Social Fund Plus, the the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund Cohesion Fund, The European and the European Maritime and Fisheries Agricultural Fund for Rural Fund and financial rules for those and for Development, the Just Transition Fund the Asylum and Migration Fund, the and the European Maritime and Fisheries Internal Security Fund and the Border Fund and financial rules for those and for Management and Visa Instrument the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument THE EUROPEAN PARLIAMENT AND [no change] 5 THE COUNCIL OF THE EUROPEAN 1
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row UNION, Having regard to the Treaty on the [no change] 6 Functioning of the European Union, and in particular Articles 177, 322(1)(a) and 349 thereof, Having regard to the proposal from the [no change] 7 European Commission, After transmission of the draft legislative [no change] 8 act to the national parliaments, Having regard to the opinion of the [no change] 9 European Economic and Social Committee1, Having regard to the opinion of the [no change] 10 2 Committee of the Regions , Having regard to the opinion of the Court [no change] 11 of Auditors3, Acting in accordance with the ordinary [no change] 12 legislative procedure, Whereas: [no change] 13 (1) Article 174 of the Treaty on the (1) Article 174 of the Treaty on the Provisional common understanding Link to 14 Functioning of the European Union Functioning of the European Union (1) Article 174 of the Treaty on the VII-4 ('TFEU') provides that, in order to ('TFEU') provides that, in order to Functioning of the European Union strengthen its economic, social and strengthen its economic, social and ('TFEU') provides that, in order to territorial cohesion, the Union is to aim at territorial cohesion, the Union is to aim at strengthen its economic, social and reducing disparities between the levels of reducing disparities between the levels of territorial cohesion, the Union is to aim at development of the various regions and development of the various regions and reducing disparities between the levels of the backwardness of the least favoured the backwardness of the least favoured development of the various regions and 1 OJ C […], […], p. […] . 2 OJ C […], […], p. […] . 3 OJ C […], […], p. […] . 2
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row regions or islands, and that particular regions or islands, and that particular the backwardness of the least favoured attention is to be paid to rural areas, areas attention is to be paid to rural areas, areas regions or islands, and that particular affected by industrial transition, and affected by industrial transition, and attention is to be paid to rural areas, areas regions which suffer from severe and regions which suffer from severe and affected by industrial transition, and permanent natural or demographic permanent natural or demographic regions which suffer from severe and handicaps. Article 175 of the TFEU handicaps. These regions particularly permanent natural or demographic requires that the Union is to support the benefit from cohesion policy. Article 175 handicaps. These regions particularly achievement of these objectives by the of the TFEU requires that the Union is to benefit from cohesion policy. Article action it takes through the European support the achievement of these 175 of the TFEU requires that the Union Agricultural Guidance and Guarantee objectives by the action it takes through is to support the achievement of these Fund, Guidance Section, the European the European Agricultural Guidance and objectives by the action it takes through Social Fund, the European Regional Guarantee Fund, Guidance Section, the the European Agricultural Guidance and Development Fund, the European European Social Fund, the European Guarantee Fund, Guidance Section, the Investment Bank and other instruments. Regional Development Fund, the European Social Fund, the European Article 322 of the TFEU provides the European Investment Bank and other Regional Development Fund, the basis for adopting financial rules instruments. Article 322 of the TFEU European Investment Bank and other determining the procedure to be adopted provides the basis for adopting financial instruments. Article 322 of the TFEU for establishing and implementing the rules determining the procedure to be provides the basis for adopting financial budget and for presenting and auditing adopted for establishing and rules determining the procedure to be accounts, as well as for checks on the implementing the budget and for adopted for establishing and responsibility of financial actors. presenting and auditing accounts, as well implementing the budget and for as for checks on the responsibility of presenting and auditing accounts, as well financial actors. as for checks on the responsibility of financial actors. (1 a) It is important for the future of the 15 European Union and its citizens that cohesion policy remains the main investment policy of the Union, keeping its funding in the 2021-2027 period at least at the level of the 2014-2020 programming period. New funding for other areas of activity or programmes of the Union should not be to the detriment of the European Regional Development Fund, the European Social Fund Plus or the Cohesion Fund. (2) In order to further develop a (2) In order to further develop a Former 16 coordinated and harmonised coordinated and harmonised implementation of Union Funds implementation of Union Funds 3
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row implemented under shared management implemented under shared management namely the European Regional namely the European Regional Development Fund ('ERDF'), the Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, measures financed under Cohesion Fund, measures financed under shared management in the European shared management in the European Maritime and Fisheries Fund ('EMFF'), Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund the Asylum and Migration Fund ('AMIF'), Internal Security Fund ('ISF') ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund and Integrated Border Management Fund ('BMVI'), financial rules based on Article ('BMVI'), financial rules based on Article 322 of the TFEU should be established 322 of the TFEU should be established for all these Funds ('the Funds'), clearly for all these Funds ('the Funds'), clearly specifying the scope of application of the specifying the scope of application of the relevant provisions. In addition, common relevant provisions. In addition, common provisions based on Article 177 of the provisions based on Article 177 of the TFEU should be established to cover TFEU should be established to cover policy specific rules for the ERDF, the policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF. ESF+, the Cohesion Fund, and the EMFF and to a specific extent the European Agricultural Fund for Rural Development (EAFRD). (2) In order to further develop a (2) In order to further develop a [EP amendment in Article 1(1a) New 17 coordinated and harmonised coordinated and harmonised withdrawn] implementation of Union Funds implementation of Union Funds implemented under shared management implemented under shared management Link to namely the European Regional namely the European Regional VII-8 Development Fund ('ERDF'), the Development Fund ('ERDF'), the and IX- European Social Fund Plus ('ESF+'), the European Social Fund Plus ('ESF+'), the 4 Cohesion Fund, the Just Transition Cohesion Fund, the Just Transition Fund Fund ('JTF'), measures financed under ('JTF'), measures financed under shared shared management in the European management in the European Maritime Maritime and Fisheries Fund ('EMFF'), and Fisheries Fund ('EMFF'), the Asylum the Asylum and Migration Fund and Migration Fund ('AMIF'), Internal ('AMIF'), Internal Security Fund ('ISF') Security Fund ('ISF') and Integrated and Integrated Border Management Fund Border Management Fund ('BMVI'), ('BMVI'), financial rules based on Article financial rules based on Article 322 of 322 of the TFEU should be established the TFEU should be established for all for all these Funds ('the Funds'), clearly these Funds ('the Funds'), clearly specifying the scope of application of the specifying the scope of application of the 4
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row relevant provisions. In addition, common relevant provisions. In addition, common provisions based on Article 177 of the provisions based on Article 177 of the TFEU should be established to cover TFEU should be established to cover policy -specific rules for the ERDF, the policy specific rules for the ERDF, the ESF+, the Cohesion Fund, the JTF and ESF+, the Cohesion Fund, the JTF, the the EMFF. EMFF and to a specific extent the European Agricultural Fund for Rural Development (EAFRD). (3) Due to the specificities of each Fund, [no change] 18 specific rules applicable to each Fund and to the European territorial cooperation goal (Interreg) under the ERDF should be laid down in separate Regulations ('Fund-specific Regulations') to complement the provisions of this Regulation. (4) The outermost regions and the (4) The outermost regions and the 19 northern sparsely populated regions northern sparsely populated regions should benefit from specific measures should benefit from specific measures and from additional funding pursuant to and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Protocol No 6 to the 1994 Act of Accession. Accession in order to address their specific disadvantages related to their geographic location. (5) Horizontal principles as set out in (5) Horizontal principles as set out in Link to 20 Article 3 of the Treaty on the European Article 3 of the Treaty on the European I-31 Union ('TEU') and in Article 10 of the Union ('TEU') and in Article 10 of the TFEU, including principles of TFEU, including principles of subsidiarity and proportionality as set out subsidiarity and proportionality as set out in Article 5 of the TEU should be in Article 5 of the TEU should be respected in the implementation of the respected in the implementation of the Funds, taking into account the Charter of Funds, taking into account the Charter of Fundamental Rights of the European Fundamental Rights of the European Union. Member States should also Union. Member States should also respect the obligations of the UN respect the obligations of the UN Convention on the Rights of Persons with Convention on the Rights of the Child Disabilities and ensure accessibility in and of the UN Convention on the Rights 5
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row line with its article 9 and in accordance of Persons with Disabilities and ensure with the Union law harmonising accessibility in line with its article 9 and accessibility requirements for products in accordance with the Union law and services. Member States and the harmonising accessibility requirements Commission should aim at eliminating for products and services. In that inequalities and at promoting equality context, the Funds should be between men and women and integrating implemented in a way which promotes the gender perspective, as well as at deinstitutionalisation and community- combating discrimination based on sex, based care. Member States and the racial or ethnic origin, religion or belief, Commission should aim at eliminating disability, age or sexual orientation. The inequalities and at promoting equality Funds should not support actions that between men and women and integrating contribute to any form of segregation. the gender perspective, as well as at The objectives of the Funds should be combating discrimination based on sex, pursued in the framework of sustainable racial or ethnic origin, religion or belief, development and the Union's promotion disability, age or sexual orientation. The of the aim of preserving, protecting and Funds should not support actions that improving the quality of the environment contribute to any form of segregation or as set out in Article 11 and Article 191(1) exclusion, or support infrastructure of the TFEU, taking into account the which is inaccessible to persons with a polluter pays principle. In order to protect disability. The objectives of the Funds the integrity of the internal market, should be pursued in the framework of operations benefitting undertakings shall sustainable development and the Union's comply with Union State aid rules as set promotion of the aim of preserving, out in Articles 107 and 108 of the TFEU. 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 6
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row Nations’ Sustainable Development Goals. (6) Horizontal financial rules adopted by [no change] 21 the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. (7) Where a time limit is set for the [no change] 22 Commission to take any action towards Member States, the Commission should take account of all necessary information and documents in a timely and efficient manner. Where submissions from Member States are incomplete or non- compliant with the requirements of this Regulation and of Fund-specific Regulations, thus not enabling the Commission to take fully-informed action, that time limit should be suspended until the Member States comply with the regulatory requirements. (8) In order to contribute to Union [no change] Former 23 priorities, the Funds should focus their 7
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row support on a limited number of policy objectives in line with their Fund-specific missions pursuant to their Treaty-based objectives. The policy objectives for the AMIF, the ISF and the BMVI should be set out in the respective Funds-specific regulations. (8) In order to contribute to Union (8) In order to contribute to Union New 24 priorities, the Funds should focus their priorities, the Funds should focus their Link to support on a limited number of policy support on a limited number of policy IX-6 objectives in line with their Fund-specific objectives in line with their Fund-specific missions pursuant to their Treaty-based missions pursuant to their Treaty-based objectives. The policy objectives for the objectives. The policy objectives for the AMIF, the ISF and the BMVI should be AMIF, the ISF and the BMVI should be set out in the respective Funds-specific set out in the respective Funds-specific regulations. The JTF and the resources regulations. The JTF and the resources of of the ERDF and the ESF+ that are the ERDF and the ESF+ that are may be transferred as a complementary transferred on a voluntary basis as a support to the JTF, should contribute complementary support to the JTF, to a single specific objective. should contribute to a single specific objective. (9) Reflecting the importance of tackling (9) Reflecting the importance of tackling Link to 25 climate change in line with the Union's climate change in line with the Union's I-14 commitments to implement the Paris commitments to implement the Paris Agreement and the United Nations Agreement and the United Nations Sustainable Development Goals, the Sustainable Development Goals, the Funds will contribute to mainstream Funds will contribute to mainstream climate actions and to the achievement of mainstreaming climate actions and to the an overall target of 25 % of the EU achievement of an overall target of 25 30 budget expenditure supporting climate % of the EU budget expenditure objectives. supporting climate objectives. Climate proofing mechanisms should be an integral part of programming and implementation. (9a) Given the impact of migration flows Link to 26 from third countries, cohesion policy I-9 should contribute to integration processes, in particular by providing 8
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies. (10) Part of the budget of the Union (10) Part of the budget of the Union Link to 27 allocated to the Funds should be allocated to the Funds should be I-18 implemented by the Commission under implemented by the Commission under shared management with Member States shared management with Member States within the meaning of Regulation (EU, within the meaning of Regulation (EU, Euratom) [number of the new Financial Euratom) [number of the new Financial Regulation] of the European Parliament Regulation] of the European Parliament and of the Council4 (the 'Financial and of the Council12 (the 'Financial Regulation'). Therefore, when Regulation'). Therefore, when implementing the Funds under shared implementing the Funds under shared management, the Commission and the management, the Commission and the Member States should respect the Member States should respect the principles referred to in the Financial principles referred to in the Financial Regulation, such as sound financial Regulation, such as sound financial management, transparency and non- management, transparency and non- discrimination. 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. (11) The principle of partnership is a key (11) The principle of partnership is a key Link to 28 feature in the implementation of the feature in the implementation of the I-22 Funds, building on the multi-level Funds, building on the multi-level and I- governance approach and ensuring the governance approach and ensuring the 29 involvement of civil society and social involvement of regional, local, and other partners. In order to provide continuity in public authorities, civil society and 4 OJ L […], […], p. […]. 9
Commission proposal COM(2018)375 European Parliament position Council position Old Row New Compromise proposal, comments (as amended by COM(2020)23 and 450) (Plenary mandate 29/3/19 + WD 4/9/20) (Coreper mandates, updated on 5/10/20) / Link Row the organisation of partnership, social partners. In order to provide Commission Delegated Regulation (EU) continuity in the organisation of 5 No 240/2014 should continue to apply. partnership, the Commission should be empowered to amend and adapt Commission Delegated Regulation (EU) 6 No 240/2014 should continue to apply. (12) At Union level, the European (12) At Union level, the European Link to 29 Semester of economic policy Semester of economic policy I-47 coordination is the framework to identify coordination is the framework to identify national reform priorities and monitor national reform priorities and monitor their implementation. Member States their implementation. Member States develop their own national multiannual develop their own national multiannual investment strategies in support of these investment strategies in support of these reform priorities. These strategies should reform priorities. These strategies should be presented alongside the yearly be presented alongside the yearly National Reform Programmes as a way National Reform Programmes as a way to outline and coordinate priority to outline and coordinate priority investment projects to be supported by investment projects to be supported by national and Union funding. They should national and Union funding. They should also serve to use Union funding in a also serve to use Union funding in a coherent manner and to maximise the coherent manner and to maximise the added value of the financial support to be added value of the financial support to be received notably from the Funds, the received notably from the Funds, the European Investment Stabilisation European Investment Stabilisation Function and InvestEU. Function and InvestEU. (13) Member States should determine (13) Member States should determine Link to 30 how relevant country-specific how take into account relevant country- I-47 recommendations adopted in accordance specific recommendations adopted in and I- with Article 121(2) of the TFEU and accordance with Article 121(2) of the 145 relevant Council recommendations TFEU and relevant Council adopted in accordance with Article recommendations adopted in accordance 148(4) of the TFEU ('CSR's) are taken with Article 148(4) of the TFEU ('CSR's) into account in the preparation of are taken into account in the preparation programming documents. During the of programming documents, where they 5 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). 6 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). 10
