CPR_4CT_Block_7_Outcometrilogue_23091510_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.
Date: 15/10/2020 COMMON PROVISIONS REGULATION: Block 7 - Subject matter/definitions; Delegation of power, implementing, transitional and final provisions Version: Outcome of trilogues on 23 September and 15 October 2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) TABLE OF CONTENTS Provisional common understanding VII-1 [… TO BE INSERTED] [no change] TITLE I [no change] [no change] Provisional common understanding VII-2 OBJECTIVES AND GENERAL [no change] RULES ON SUPPORT CHAPTER I [no change] [no change] Provisional common understanding VII-3 Subject-matter and definitions CHAPTER I Subject-matter, and definitions and general rules 1 Article 1 [no change] [no change] Provisional common understanding VII-4 Subject-matter and scope 1 EP position: - Recital (1) to be amended as follows: (1) Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. These regions particularly benefit from cohesion policy. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors. - Recital (73) to be amended as follows: (73) The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the backwardness of specific challenges faced by the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those 1
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) [no change] - Recital (1) to be amended as follows: (1) Article 174 of the Treaty on the Functioning of the European Union ('TFEU') provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. These regions particularly benefit from cohesion policy. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for objectives can therefore rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. 2
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors. - Recital (73) to be amended as follows: (73) The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the backwardness of specific challenges faced by the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of 3
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. 1. This Regulation lays down: [no change] [no change] Provisional common understanding VII-5 [no change] 2 (a) financial rules for the European Amendment 50 (a) financial rules for the European Provisional common understanding VII-6 Regional Development Fund ('ERDF'), (a) financial rules for the European Regional Development Fund ('ERDF'), [no change] the European Social Fund Plus ('ESF+'), Regional Development Fund ('ERDF'), the European Social Fund Plus the Cohesion Fund,, the European ('ESF+'), the Cohesion Fund, the Provisional common understanding the European Social Fund Plus on the new Recital (23a): Maritime and Fisheries Fund ('EMFF'), ('ESF+'), the Cohesion Fund, the European Maritime and Fisheries Fund 3 the Asylum and Migration Fund European Agricultural Fund for ('EMFF') , the Asylum and Migration (23a) In order to address effectively 4 ('AMIF'), the Internal Security Fund Rural Development ('EAFRD'), the Fund ('AMIF') , the Internal Security the development challenges in rural ('ISF') and the Border Management and European Maritime and Fisheries Fund Fund ('ISF') and the Border areas, coordinated support from Visa Instrument ('BMVI') ('the Funds'); ('EMFF'), the Asylum and Migration Management and Visa Instrument the Funds and the EAFRD should Fund ('AMIF'), the Internal Security ('BMVI') ('the Funds'); be facilitated. Member States and Fund ('ISF') and the Border regions should ensure that the Management and Visa Instrument interventions supported through ('BMVI') ('the Funds'); the Funds and the EAFRD are complementary and are implemented in a coordinated manner with a view to creating synergies, in order to reduce the administrative cost and burden for managing bodies and beneficiaries. Comment: Names of the Funds to be aligned with outcome of discussions on the fund-specific regulations. 2 EP position: This amendment entails consequential adjustments throughout the text of the Regulation. 3 Council position: Name to be aligned with Fund-specific Regulation. 4 Council position: Name to be aligned with Fund-specific Regulation. 4
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) (b) common provisions applicable to the Amendment 431 [no change] Provisional common understanding VII-7 ERDF, the ESF+, the Cohesion Fund (b) common provisions applicable to [no change] and the EMFF. the ERDF, the ESF+, the Cohesion Fund and the EMFF, and to the EAFRD as prescribed in paragraph 1a of this Article. 5 Amendment 432 Provisional common understanding VII-8 1a. Title I, Chapter I - Article 2- [EP amendment withdrawn] paragraph 4 a, Chapter II - Article 5, Title III, Chapter II - Articles 22 to 28 and Title IV - Chapter III - Section I- Articles 41 to 43 shall apply to aid measures financed by the EAFRD and Title I- Chapter 1 - Article 2- paragraphs 15 to 25 , as well as Title V- Chapter II - Section II - Articles 52 to 56 shall apply to financial instruments provided for in Article 74 of Regulation (EU) .../... [CAP Strategic Plans Regulation] and supported under the EAFRD. 2. This Regulation shall not apply to the [no change] [no change] Provisional common understanding VII-9 Employment and Social Innovation and [no change] the Health strands of the ESF+ and to the direct or indirect management components of the EMFF, the AMIF, the ISF and the BMVI, except for technical assistance at the initiative of the Commission. 5 EP position: The last sentence of Recital (2) is amended as follows: In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund, the EMFF and to a specific extent the European Agricultural Fund for Rural Development (EAFRD). 5
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) 3. Articles 4 and 10, Chapter III of Title [no change] [no change] Provisional common understanding VII-10 II, Chapter II of Title III, and Title VIII [no change] shall not apply to the AMIF, the ISF and the BMVI. Comment from COM: If new Article 15a is to be adopted, a new reference may have to be included here. 4. Title VIII shall not apply to the [no change] [no change] Provisional common understanding VII-11 EMFF. [no change] 5. Article 11 of Chapter II and Article [no change] 5. Article 11 of Chapter II and To be aligned with the outcome of VII-12 15 of Chapter III of Title II, Chapter I of Article 15 of Chapter III of Title II, discussions on Interreg. Title III, Articles 33 to 36 and Article Chapter I of Title III, Article 32 of 38(1) to (4) of Chapter I, Article 39 of Chapter III of Title III, Articles 33 to Chapter II, Article 45 of Chapter III of 36 37 and Article 38(1) to (4) of Title IV, Articles 67, 71, 73 and 74 of Chapter I, Article 39 of Chapter II, Chapter II and Chapter III of Title VI Article 45 of Chapter III of Title IV, shall not apply to Interreg programmes. Article 50(1) of Chapter II of Title V, Articles 67, 71, 73 and 74 of Chapter II and Chapter III of Title VI shall not apply to Interreg programmes. 6. The Fund-specific Regulations listed [no change] [no change] Provisional common understanding VII-13 below may establish complementary rules to this Regulation which shall not [no change] be in contradiction with this Regulation. In case of doubt about the application between this Regulation and Fund- specific Regulations, this Regulation shall prevail: 6
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) (a) Regulation (EU) […] (the 'ERDF [no change] [no change] Provisional common understanding VII-14 6 and CF Regulation') ; [no change] (b) Regulation (EU) […] (the 'ESF+ [no change] [no change] Provisional common understanding VII-15 7 Regulation') ; [no change] (c) Regulation (EU) […] (the 'ETC [no change] [no change] Provisional common understanding VII-16 8 Regulation') ; [no change] (d) Regulation (EU) […] (the 'EMFF [no change] [no change] Provisional common understanding VII-17 9 Regulation') ; [no change] (e) Regulation (EU) […] (the 'AMIF [no change] [no change] Provisional common understanding VII-18 10 Regulation') ; [no change] (f) Regulation (EU) […] (the 'ISF [no change] [no change] Provisional common understanding VII-19 11 Regulation') ; [no change] (g) Regulation (EU) […] (the 'BMVI [no change] [no change] Provisional common understanding VII-20 12 Regulation') . [no change] Article 2 [no change] [no change] Provisional common understanding VII-21 Definitions [no change] 6 OJ L , , p. . 7 OJ L , , p. . 8 OJ L , , p. . 9 OJ L , , p. . 10 OJ L , , p. . 11 OJ L , , p. . 12 OJ L , , p. . 7
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) For the purpose of this Regulation, the [no change] [no change] Provisional common understanding VII-22 following definitions apply: [no change] (1) 'relevant country specific Amendment 54 (1) 'relevant country specific Provisional common understanding VII-23 recommendations' mean Council (1) 'relevant country specific recommendations' mean recommendations adopted in accordance (1) 'relevant country specific recommendations' mean Council (a) Council recommendations adopted recommendations' mean with Article 121(2) and Article 148(4) recommendations adopted in in accordance with Article 121(2) and of the TFEU relating to structural accordance with Articles 121(2) and Article 148(4) of the TFEU relating to (a) Council recommendations challenges which it is appropriate to (4) and Article 148(4) of the TFEU structural challenges, and, adopted in accordance with Article address through multiannual investments relating to structural challenges which 121(2) and Article 148(4) of the that fall within the scope of the Funds as (b) complementary Commission TFEU relating to structural it is appropriate to address through recommendations issued in set out in Fund-specific Regulations, and multiannual investments that fall challenges, and, relevant recommendations adopted in accordance with Article 34 of within the scope of the Funds as set Regulation (EU) 2018/1999 , 13 (b) complementary Commission accordance with Article [XX] of out in Fund-specific Regulations, and recommendations issued in Regulation (EU) [number of the new relevant recommendations adopted in which it is are appropriate to be accordance with Article 34 of Energy Union Governance Regulation] accordance with Article [XX] of addressed through multiannual Regulation (EU) 2018/1999, of the European Parliament and of the Regulation (EU) [number of the new investments that fall directly within Council; the scope of the Funds as set out in which it is are appropriate to be Energy Union Governance Regulation] addressed through multiannual of the European Parliament and of the Fund-specific Regulations, and investments that fall within the scope Council; relevant recommendations adopted in accordance with Article [XX] of of the Funds as set out in Fund- Regulation (EU) [number of the new specific Regulations, and relevant recommendations adopted in Energy Union Governance Regulation] of the European Parliament and of the accordance with Article [XX] of Regulation (EU) [number of the new Council; Energy Union Governance Regulation] of the European Parliament and of the Council; Amendment 55 Provisional common understanding VII-24 [Definition from agreement on CPR 13 Council position: In line with Article 34(2)(b) of Regulation (EU) 2018/1999, if the Member State concerned decides not to address a recommendation or a substantial part thereof, that Member State shall provide its reasoning. 8
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) (1 a) ‘enabling condition' means a Block 2, row II-5] concrete and precisely defined (1a) 'enabling condition' means a condition which has a genuine link to prerequisite condition for the a direct impact on the effective and effective and efficient efficient achievement of a specific implementation of the specific objective of the programme; objectives. (2) 'applicable law' means Union law [no change] [no change] Provisional common understanding VII-25 and the national law relating to its application; [no change] (3) 'operation' means: [no change] [no change] Provisional common understanding VII-26 [no change] (a) a project, contract, action or group of [no change] [no change] Provisional common understanding VII-27 projects selected under the programmes concerned; [no change] (b) in the context of financial [no change] [no change] Provisional common understanding VII-28 instruments, a programme contribution [no change] to a financial instrument and the subsequent financial support provided to final recipients by that financial instrument; (4) 'operation of strategic importance' [no change] (4) 'operation of strategic importance' Provisional common understanding VII-29 means an operation which provides a means an operation which provides a key contribution to the achievement of key significant contribution to the (4) 'operation of strategic importance' means an operation which provides a the objectives of a programme and achievement of the objectives of a which are subject to particular programme and which are is subject to key significant contribution to the monitoring and communication particular monitoring and achievement of the objectives of a measures; communication measures; programme and which are is subject to particular monitoring and communication measures; 9
Date: 15/10/2020 Commission proposal European Parliament's first reading Council position Compromise proposal, comments Row COM(2018)375 (29/03/19) (COREPER partial mandate 27/5/19) Amendment 56 Provisional common understanding VII-30 (4 a) 'programme' in the context of [EP amendment withdrawn] the EAFRD means the CAP Strategic Plans as referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’); (5) 'priority' in the context of the AMIF, [no change] (5) 'priority' in the context of the Provisional common understanding VII-31 the ISF and the BMVI, means a specific AMIF, the ISF and the BMVI, means a 14 (5) 'priority' in the context of the objective; in the context of the EMFF it specific objective ; in the context of means a 'type of areas of support' as the EMFF it means a 'type of areas of AMIF, the ISF and the BMVI, means referred to in the nomenclature laid support' as referred to in the a specific objective; in the context of down in Annex III of the EMFF nomenclature laid down in Annex III the EMFF it means a 'type of areas of Regulation; of the EMFF Regulation; support' as referred to in the nomenclature laid down in Annex III of the EMFF Regulation; (6) 'specific objective' in the context of [no change] (6) 'specific objective' in the context of Provisional common understanding VII-32 the EMFF, shall be understood as 'areas the EMFF, shall be understood as of support' as referred to in Annex III of 'areas of support' as referred to in (6) ‘priority’ in the context of the the EMFF Regulation; Annex III of the EMFF Regulation; EMFF, for the purpose of Title VII only, means a ‘specific objective’. (7) 'intermediate body' means any public [no change] (7) 'intermediate body' means any Provisional common understanding VII-33 or private law body which acts under the public or private law body which acts responsibility of a managing authority, under the responsibility of a managing (7) 'intermediate body' means any or which carries out functions or tasks authority, or which carries out public or private law body which acts on behalf of such an authority; functions or tasks on behalf of such an under the responsibility of a authority; managing authority, or which carries out functions or tasks on behalf of such an authority; (8) 'beneficiary' means: [no change] [no change] Provisional common understanding VII-34 14 Council position: The use of terms "specific objective and "areas of support" are to be aligned throughout the text with the finally agreed nomenclature for EMFF. 10
