CPR_4CT-Block_3_Outcometrilogue_230920
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.
25 September 2020 Common Provisions Regulation (CPR): Block 3 - Monitoring, evaluation, communication and visibility (Article 33-45) Version: Outcome of the trilogue on 23 September 2020
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) TABLE OF CONTENTS III - 1 [… TO BE INSERTED] 1 TITLE IV [no change] [no change] Provisional common understanding III - 2 MONITORING, EVALUATION, Article 63 (4a): Member States shall COMMUNICATION AND VISIBILITY ensure the publication of information in accordance with the requirements established in this Regulation and in the Fund-specific Regulations, except where Union law or national law excludes such publication for reasons of security, public order, criminal investigations, or protection of personal data in accordance with Regulation (EU) 2016/679[1] of the European Parliament and of the Council. COM drafting suggestion on Article 3a (new) to be discussed with block 7. EP LS to check for drafting. CHAPTER I [no change] [no change] Provisional common understanding III - 3 Monitoring [no change] Article 33 [no change] [no change] Provisional common understanding III - 4 Monitoring committee [no change] 1. The Member State shall set up a Amendment 214 [no change] Provisional common understanding III - 5 committee to monitor the 1 Council position: Confidentiality clause: a new paragraph 4a is added in Article 63 as follows: Member States shall ensure publication of information in accordance with the requirements established in this Regulation and in the Fund-specific Regulations, except where Union or national law excludes such publication for reasons
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) implementation of the programme 1. The Member State shall set up a 1. The Member State shall set up a ('monitoring committee') within three committee to monitor the committee to monitor the months of the date of notification to implementation of the programme implementation of the programme the Member State concerned of the ('monitoring committee'), after ('monitoring committee'), after decision approving the programme. consultation with the managing consultation with the managing authority, within three months of the authority, within three months of the date of notification to the Member State date of notification to the Member concerned of the decision approving the State concerned of the decision programme. approving the programme. The Member State may set up a single [no change] [no change] Provisional common understanding III - 6 monitoring committee to cover more [no change] than one programme. 2. Each monitoring committee shall Amendment 215 2. Each monitoring committee shall Provisional common understanding III - 7 adopt its rules of procedure. adopt its rules of procedure. The 2. Each monitoring committee shall 2. Each monitoring committee shall rules of procedure of the adopt its rules of procedure, taking adopt its rules of procedure, which shall monitoring committee shall include into account the need for full include provisions regarding the provisions regarding the transparency. prevention of any conflict of interest prevention of any situation of and the application of the principle of conflict of interest. transparency. 3. The monitoring committee shall [no change] [no change] Provisional common understanding III - 8 meet at least once a year and shall [no change] review all issues that affect the programme's progress towards achieving its objectives. 4. The Member State shall publish the [no change] 4. The Member State shall publish Provisional common understanding III - 9 rules of procedures of the monitoring the rules of procedures of the committee and all the data and monitoring committee and all the of security, public order, criminal investigations or protection of personal data in accordance with Regulation (EU) 2016/679[1] of the European Parliament and of the Council.
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) information shared with the data and information shared with the 4. The Member State shall publish the monitoring committee on the website monitoring committee shall be rules of procedure of the monitoring referred to in Article 44(1). published on the website referred to committee and all the data and in Article 44(1). information shared with the monitoring committee shall be published on the website referred to in Article 44(1), without prejudice to Article 63(4a) 5. Paragraphs 1 to 4 shall not apply to Amendment 216 5. Paragraphs 1 to 4 shall not apply Provisional common understanding III - 10 programmes under Article [4(c)(vi)] of to programmes under limited to the 5. Paragraphs 1 to 4 shall not apply to 5. Paragraphs 1 to 4 shall not apply to the ESF+ Regulation and related specific objective set out in Article programmes under Article [4(c)(vi)] programmes under limited to the technical assistance. [4(c)(vi)]1)(xi) of the ESF+ [4(1)(xi)] of the ESF+ Regulation and specific objective set out in Article Regulation and related technical related technical assistance. [4(c)(vi)]1)(xi) of the ESF+ Regulation assistance. and related technical assistance. Article 34 [no change] [no change] Provisional common understanding III - 11 Composition of the monitoring [no change] committee 2 1. The Member State shall determine Amendment 217 [no change] Provisional common understanding III - 12 the composition of the monitoring 1. The Member State shall determine 1. The Member State shall determine the committee and shall ensure a balanced the composition of the monitoring composition of the monitoring representation of the relevant Member committee and shall ensure a balanced committee and shall ensure a balanced State authorities and intermediate representation of the relevant Member representation of the relevant Member bodies and of representatives of the State authorities and intermediate State authorities and intermediate bodies partners referred to in Article 6. bodies and of representatives of the and of representatives of the partners partners referred to in Article 6 referred to in Article 6 through a through a transparent process. transparent process. Recital 27: 2 EP position: Recital 27 is amended as follows: “(27) In order to examine the performance of the programmes, the Member State should set up monitoring committees, consisting also of representatives of civil society and social partners. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.”
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) (27) In order to examine the performance of the programmes, the Member State should set up monitoring committees, including representatives of relevant partners. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State. Each member of the monitoring [no change] Each member of the monitoring Provisional common understanding III - 13 committee shall have a vote. committee shall have a vote may Each member of the monitoring have a vote. Other participants committee shall have a vote. The rules may attend the meeting in of procedures shall regulate the accordance with the rules of exercise of the voting right and the procedure. details on the procedure in the monitoring committee in accordance with the institutional, legal and financial framework of the Member State concerned. The rules of procedure may allow non-members, including the EIB, to participate in the work of the monitoring committee. The Member State shall publish the [no change] The monitoring committee shall be Provisional common understanding III - 14 list of the members of the monitoring chaired by a representative of the The monitoring committee shall be committee on the website referred to Member State shall publish or of the chaired by a representative of the in Article 44(1). managing authority. The list of the Member State shall publish or of the members of the monitoring managing authority. committee shall be published on the website referred to in Article 44(1). The list of the members of the monitoring committee shall be
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) published on the website referred to in Article 44(1). 2. Representatives of the Commission Amendment 218 [no change] Provisional common understanding III - 15 shall participate in the work of the 2. Representatives of the Commission 2. Representatives of the Commission monitoring committee in an advisory shall participate in the work of the shall participate in the work of the capacity. monitoring committee in a monitoring monitoring committee in a monitoring and an advisory capacity. and an advisory capacity. Representatives of the EIB may be invited to participate in the work of the monitoring committee, in an Comment: 2nd part of AM covered by advisory capacity, where appropriate. III-13 Amendment 219 Provisional common understanding III - 16 2a. For the AMIF, the ISF and the 2a. For the AMIF, the ISF and the BMVI, relevant decentralised BMVI, relevant decentralised agencies shall participate in the work agencies may participate in the work of the monitoring committee in an of the monitoring committee. advisory capacity. Article 35 [no change] [no change] Provisional common understanding III - 17 Functions of the monitoring committee [no change] 1. The monitoring committee shall [no change] [no change] Provisional common understanding III - 18 3 examine: [no change] Recital 34: 3 EP position: Recital 34 is modified as follows: “(34) As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. Where a Member State intends to propose the use of a simplified cost option, it could consult the monitoring committee.”
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) (34) As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. Where a managing authority intends to propose the use of a simplified cost option in a call for proposals, it should have the possibility to consult the monitoring committee. (a) the progress in programme [no change] [no change] Provisional common understanding III - 19 implementation and in achieving the [no change] milestones and targets; Amendment 220 Provisional common understanding III - 20 (aa) proposals for possible [no change] simplification measures for beneficiaries; (b) any issues that affect the Amendment 221 [no change] Provisional common understanding III - 21 performance of the programme and (b) any issues that affect the [no change] the measures taken to address those performance of the programme and the issues; measures taken to address those issues, including also any irregularities, where appropriate; (c) the contribution of the programme [no change] (c) the contribution of the Provisional common understanding III - 22 to tackling the challenges identified in programme to tackling the challenges (c) the contribution of the programme to identified in the relevant country- tackling the challenges identified in the
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) the relevant country-specific specific recommendations, where relevant country-specific recommendations; applicable; recommendations that are linked to the implementation of the programme; (d) the elements of the ex ante [no change] (d) the elements of the ex ante Provisional common understanding III - 23 assessment listed in Article 52(3) and assessment listed in Article 52(3) and (d) the elements of the ex ante the strategy document referred to in the strategy document referred to in assessment listed in Article 52(3) and Article 53(2); Article 53(21); the strategy document referred to in Article 53(21); (e) the progress made in carrying out [no change] [no change] Provisional common understanding III - 24 evaluations, syntheses of evaluations [no change] and any follow-up given to findings; (f) the implementation of [no change] [no change] Provisional common understanding III - 25 communication and visibility actions; [no change] (g) the progress in implementing [no change] [no change] Provisional common understanding III - 26 operations of strategic importance, [no change] where relevant; (h) the fulfilment of enabling [no change] [no change] Provisional common understanding III - 27 conditions and their application [no change] throughout the programming period; (i) the progress in administrative Amendment 222 [no change] Provisional common understanding III - 28 capacity building for public (i) the progress in administrative (i) the progress in administrative institutions and beneficiaries, where capacity building for public capacity building for public institutions, relevant. institutions, partners and beneficiaries, partners and beneficiaries, where where relevant. relevant. (j) information regarding the Provisional common understanding III - 29 implementation of the (j) information regarding the programme's contribution to implementation of the programme's
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) [Invest EU] in accordance with contribution to [Invest EU] in Article 10 or of the resources accordance with Article 10 or of the transferred in accordance with resources transferred in accordance Article 21, where applicable. with Article 21, where applicable. Comment: to be confirmed once the agreement on Articles 10 and 21 is reached As regards the programmes Provisional common understanding III - 30 supported by the EMFF, the As regards the programmes monitoring committee shall be supported by the EMFF, the consulted and shall, if it considers monitoring committee shall be it appropriate, give an opinion on consulted and shall, if it considers it any amendment of the programme appropriate, give an opinion on any proposed by the managing amendment of the programme authority. proposed by the managing authority. 2. The monitoring committee shall [no change] [no change] Provisional common understanding III - 31 approve: [no change] (a) the methodology and criteria used [no change] (a) the methodology and criteria used Provisional common understanding III - 32 for the selection of operations, for the selection of operations, (a) the methodology and criteria used for including any changes thereto, after including any changes thereto, after the selection of operations, including consultation with the Commission consultation with the Commission any changes thereto, after consultation pursuant to Article 67(2), without pursuant to Article 67(2), without with the Commission pursuant to Article prejudice to points (b), (c) and (d) of prejudice to points (b), (c) and (d) of 67(2), without prejudice to points (b), Article 27(3); Article 27(3); (c) and (d) of Article 27(3); At the request of the Commission, the methodology and criteria used for the selection of operations, including any changes thereto, shall be submitted to the Commission at least 15 working
25 September 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/3/19) (COREPER partial mandate 3/4/19) days prior to their submission to the monitoring committee. (b) the annual performance reports for Amendment 224 (b) the annual performance reports Provisional common understanding III - 33 programmes supported by the EMFF, for programmes supported by the (b) the annual performance reports for (b) the annual performance reports for the AMF, the ISF and the BMVI, and EMFF, the AMF, the ISF and the programmes supported by the EMFF, programmes supported by the EMFF, the final performance report for BMVI, and the final performance the AMF AMIF, the ISF and the BMVI, AMF AMIF, the ISF and the BMVI, programmes supported by the ERDF, report for programmes supported by and the final performance report for and the final performance report for the ESF+ and the Cohesion Fund; the ERDF, the ESF+ and the programmes supported by the ERDF, programmes supported by the EMFF, Cohesion Fund Funds; the ESF+ and the Cohesion Fund; the ERDF, the ESF+ and the Cohesion Fund. (c) the evaluation plan and any [no change] [no change] Provisional common understanding III - 34 amendment thereto; [no change] (d) any proposal by the managing [no change] (d) any proposal by the managing Provisional common understanding III - 35 authority for the amendment of a authority for the amendment of a (d) any proposal by the managing programme including for transfers in programme including for transfers in authority for the amendment of a accordance with Article 19(5) and accordance with Article 19(5) and programme including for transfers in Article 21. Article 21, with the exception of accordance with Article 19(5) and programmes supported by the Article 21, with the exception of EMFF programmes supported by the EMFF. Amendment 225 Provisional common understanding III - 36 (da) changes to the list of planned [EP amendment withdrawn]. operations of strategic importance referred to in point (d) of Article 17(3); Amendment 226 Provisional common understanding III - 37 2a. The monitoring committee may 2a. The monitoring committee may propose to the managing authority make recommendations to the further functions of intervention. managing authority, including on