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Document 52012AP0220
Macro-Financial Assistance to third countries ***I Amendments adopted by the European Parliament on 24 May 2012 to the proposal for a regulation of the European Parliament and of the Council laying down general provisions for Macro-Financial Assistance to third countries (COM(2011)0396 – C7-0187/2011 – 2011/0176(COD))
Macro-Financial Assistance to third countries ***I Amendments adopted by the European Parliament on 24 May 2012 to the proposal for a regulation of the European Parliament and of the Council laying down general provisions for Macro-Financial Assistance to third countries (COM(2011)0396 – C7-0187/2011 – 2011/0176(COD))
Macro-Financial Assistance to third countries ***I Amendments adopted by the European Parliament on 24 May 2012 to the proposal for a regulation of the European Parliament and of the Council laying down general provisions for Macro-Financial Assistance to third countries (COM(2011)0396 – C7-0187/2011 – 2011/0176(COD))
OJ C 264E, 13.9.2013, p. 119–132
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
13.9.2013 |
EN |
Official Journal of the European Union |
CE 264/119 |
Thursday 24 May 2012
Macro-Financial Assistance to third countries ***I
P7_TA(2012)0220
Amendments adopted by the European Parliament on 24 May 2012 to the proposal for a regulation of the European Parliament and of the Council laying down general provisions for Macro-Financial Assistance to third countries (COM(2011)0396 – C7-0187/2011 – 2011/0176(COD)) (1)
2013/C 264 E/25
(Ordinary legislative procedure: first reading)
TEXT PROPOSED BY THE COMMISSION |
AMENDMENT |
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Amendment 1 |
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Proposal for a regulation Title |
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Amendment 2 |
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Proposal for a regulation Recital 1 a (new) |
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Amendment 3 |
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Proposal for a regulation Recital 2 |
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Amendment 4 |
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Proposal for a regulation Recital 3 |
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Amendment 5 |
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Proposal for a regulation Recital 5 |
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deleted |
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Amendment 6 |
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Proposal for a regulation Recital 7 |
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Amendment 7 |
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Proposal for a regulation Recital 8 |
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Amendment 8 |
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Proposal for a regulation Recital 9 |
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Amendment 9 |
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Proposal for a regulation Recital 9 a (new) |
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Amendment 10 |
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Proposal for a regulation Recital 10 |
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Amendment 11 |
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Proposal for a regulation Recital 13 |
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Amendment 12 |
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Proposal for a regulation Recital 13 a (new) |
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Amendment 13 |
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Proposal for a regulation Recital 14 a (new) |
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Amendment 14 |
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Proposal for a regulation Recital 15 |
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Amendment 15 |
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Proposal for a regulation Recital 16 |
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deleted |
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Amendment 16 |
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Proposal for a regulation Recital 17 |
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deleted |
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Amendment 17 |
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Proposal for a regulation Article 1 – paragraph 1 |
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1. This Regulation lays down general provisions for the granting of macro-financial assistance to eligible third countries and territories as set out in Article 2. |
1. This Regulation lays down general provisions for the granting of Union macro-financial assistance to eligible third countries and territories referred to in Article 2 (the ‘beneficiary countries’) . |
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Amendment 18 |
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Proposal for a regulation Article 1 – paragraph 2 |
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2. Macro-financial assistance shall be an exceptional financial instrument of untied and undesignated balance-of-payments support to eligible third countries and territories . It shall aim at restoring a sustainable external finance situation for countries facing external financing difficulties. It shall underpin the implementation of strong adjustment and structural reform measures designed to remedy balance of payments difficulties. |
2. Macro-financial assistance shall be an exceptional financial instrument of untied and undesignated balance-of-payments support to beneficiary countries. It shall aim at restoring a sustainable external finance situation for beneficiary countries facing external financing difficulties. It shall underpin the implementation by such beneficiary countries of relevant bilateral agreements and programmes with the Union and shall be aimed at strong adjustment and structural reform measures designed to remedy balance of payments difficulties. |
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Amendment 19 |
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Proposal for a regulation Article 1 – paragraph 3 |
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3. Macro-financial assistance may be granted on condition of the existence of a significant and residual external financing gap jointly identified with the multilateral financial institutions over and above the resources provided by the International Monetary Fund (IMF) and other multilateral institutions, despite the implementation of strong economic stabilisation and reform programmes. |
3. Macro-financial assistance may be granted on condition of the existence of a significant and residual external financing gap in the respective beneficiary country jointly identified with the European or multilateral financial institutions over and above the resources provided by the International Monetary Fund (IMF) and other European or multilateral financial institutions, despite the implementation of strong economic stabilisation and reform programmes by the respective beneficiary country . |
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Amendment 20 |
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Proposal for a regulation Article 2 – title |
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Eligible countries |
Eligible countries and territories |
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Amendment 21 |
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Proposal for a regulation Article 2 – introductory part |
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The third countries and territories eligible for macro-financial assistance shall be: |
1. The third countries and territories eligible for macro-financial assistance provided that they fulfil the conditionality criteria set out in Article 6 (the ‘beneficiary countries’) shall be: |
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Amendment 22 |
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Proposal for a regulation Article 2 – paragraph 1 – point c |
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Amendment 23 |
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Proposal for a regulation Article 2 – paragraph 1 a (new) |
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1a. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to amend points 1 and 2 of Annex I in order to update it following appropriate political decisions regarding countries' status as candidate or potential candidate countries or regarding the scope of the European Neighbourhood Policy. |
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Amendment 24 |
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Proposal for a regulation Article 2 – paragraph 1 b (new) |
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1b. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to supplement, when necessary, this Regulation with eligible countries that meet the criteria of point c of paragraph 1 of this Article. |
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Amendment 25 |
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Proposal for a regulation Article 4 – paragraph 1 |
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1. The amounts of macro-financial assistance provided in grants under this Regulation shall be consistent with the budget appropriations established in the multi-annual financial framework. |
1. The amounts of macro-financial assistance provided under this Regulation in the form of a grant shall be consistent with the budget appropriations established in the multi-annual financial framework. |
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Amendment 26 |
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Proposal for a regulation Article 4 – paragraph 2 |
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2. The amounts of macro-financial assistance provided in loans under this Regulation shall be provisioned in accordance with Council Regulation (EC, Euratom) 480/2009 of 25 May 2009 on the Guarantee Fund for external actions. |
2. The amounts of macro-financial assistance provided under this Regulation in the form of a loan shall be provisioned in accordance with Council Regulation (EC, Euratom) No 480/2009 of 25 May 2009 establishing a Guarantee Fund for external actions. |
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Amendment 27 |
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Proposal for a regulation Article 4 – paragraph 3 |
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3. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. The corresponding reference amounts for the period 2011 to 2013 are set out in Annex II. |
3. Annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual financial framework. |
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Amendment 28 |
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Proposal for a regulation Article 5 – paragraph 1 |
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1. The amount of the assistance shall be based on the residual external financing needs of the beneficiary country. These shall be established by the Commission in cooperation with internationa l financial institutions, based on a comprehensive and well documented quantitative assessment. In particular, the Commission will draw on the latest balance of payments projections for the country in question produced by the IMF and take into account the expected financial contributions from multilateral donors. |
1. The proposed amount of the assistance shall be based on the residual external financing needs of the beneficiary country. These shall be established by the Commission in cooperation with the IMF and other European or multilateral financial institutions, based on a comprehensive and well documented quantitative assessment. In particular, the Commission shall draw on the latest balance of payments projections for the beneficiary country in question produced by the IMF and other European or multilateral financial institutions and take into account the expected financial contributions from multilateral donors as well as pre-existing deployment of the Union's other external financing instruments in the respective beneficiary country. |
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Amendment 29 |
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Proposal for a regulation Article 5 – paragraph 2 |
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2. The determination of the amounts of macro-financial assistance shall also take into account the need to ensure a fair burden sharing with other donors. |
2. The determination of the amount of macro-financial assistance shall also take into account the need to ensure a fair burden sharing between the Union and the other donors. The Union's contribution should be sufficient to guarantee that it brings Union added value and should not normally be below 20 %. |
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Amendment 30 |
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Proposal for a regulation Article 5 – paragraph 3 |
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3. In case the financing needs of the beneficiary country decline fundamentally during the period of disbursement of the macro-financial assistance, the Commission, acting in accordance with Article 14(2), may decide to reduce the amount of funds made available in the context of the assistance, suspend or cancel the assistance. |
3. In case the financing needs of the beneficiary country decline fundamentally during the period of disbursement of the macro-financial assistance, the Commission shall re-assess the economic and financial situation in the beneficiary country and , based on that assessment, shall be empowered to adopt delegated acts in accordance with Article 14a to amend Annex IIa , to reduce the amount of funds made available in the context of the assistance, suspend or cancel the assistance. |
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Amendment 31 |
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Proposal for a regulation Article 6 – paragraph 1 |
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1. A pre-condition for granting macro-financial assistance shall be that the recipient country respects effective democratic mechanisms, including multi-party parliamentary systems, the rule of law and respect for human rights. |
1. A pre-condition for granting macro-financial assistance shall be that the recipient country respects effective democratic mechanisms, including multi-party parliamentary systems, the rule of law and respect for human rights. This assessment shall be entrusted to the EEAS in cooperation with the Commission and shall take into consideration the resolutions and reports adopted by the European Parliament concerning beneficiary countries. The assessment may identify policy recommendations as regards the strengthening of democratic institutions, human rights, transparency and the fight against corruption. This report shall be added to each individual delegated act referred to in Article 7(3). With a view to protecting Union democratic values and interests and reinforcing beneficiary countries' respect for fundamental rights, the Memorandum of Understanding shall include country specific recommendations that are consistent with Union external policies aimed at strengthening the rule of law, human and labour rights, transparency and combating corruption. |
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Amendment 32 |
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Proposal for a regulation Article 6 – paragraph 2 |
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2. Macro-financial assistance shall be conditional on the existence of an IMF programme entailing the use of IMF resources. |
2. Macro-financial assistance shall be conditional on the existence of an IMF programme entailing the use of IMF resources or that of another European or multilateral financial institution. |
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Amendment 33 |
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Proposal for a regulation Article 6 – paragraph 3 |
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3. The disbursement of the assistance shall be conditional on a satisfactory track record of an IMF programme. It shall also be conditional on the implementation, within a specific time frame, of a series of clearly defined economic policy measures focusing on structural reforms, to be agreed between the Commission and the beneficiary country and to be laid down in a Memorandum of Understanding. |
3. The disbursement of the assistance shall be conditional on a satisfactory track record of an IMF programme or that of another European or multilateral financial institution and of respect for the political and value-based principles. It shall also be conditional on the implementation, within a specific time frame, of a series of clearly defined economic policy measures focusing on structural reforms, to be agreed between the Commission and the beneficiary country and to be laid down in a Memorandum of Understanding. |
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Amendment 34 |
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Proposal for a regulation Article 7 – paragraph 2 |
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2. If the conditions referred to in Article 1, Article 2, Article 4 and Article 6 are met, macro-financial assistance shall be granted by the Commission acting in accordance with Article 14(2). |
2. Upon receiving the request, the Commission shall make an assessment as to whether the conditions referred to in Article 1, Article 2, Article 4 and Article 6 are met for granting macro-financial assistance. If those conditions are met , the Commission shall determine in its decision the amount and the form of the assistance under the conditions referred to in Article 5 and Article 3 respectively. |
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Amendment 35 |
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Proposal for a regulation Article 7 – paragraphs 3 and 3a (new) |
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3. The decision to provide a loan shall specify the amount, the maximum average maturity, the maximum number of instalments of the macro-financial assistance. The decision to provide a grant shall specify the amount, and the maximum number of instalments. In both cases the availability period of the macro-financial assistance shall be defined. As a rule, it shall not exceed three years. |
3. For the purpose of paragraph 2 the Commission shall be empowered to adopt delegated acts in accordance with Article 14a to establish and to amend Annex IIa in order to provide macro-financial assistance to a particular country or territory. In the delegated act the Commission shall, inter alia, stipulate the following: |
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3a. As a rule, the availability period of the macro-financial assistance shall not exceed three years. |
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Amendment 36 |
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Proposal for a regulation Article 7 – paragraph 4 |
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4. Following the approval of the decision granting macro-financial assistance, the Commission, acting in accordance with Article 14(3) , shall agree the policy measures referred to in Article 6(3), (4), (5) and (6) with the beneficiary country. |
4. Following the adoption of the delegated act on granting macro-financial assistance, the Commission, in close cooperation with the EEAS , shall be empowered to adopt delegated acts in accordance with Article 14a to agree in the Memorandum of Understanding the policy measures referred to in Article 6(1) , (3), (4), (5) and (6) with the beneficiary country. |
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Amendment 37 |
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Proposal for a regulation Article 7 – paragraph 5 |
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5. Following the approval of the decision granting macro-financial assistance, the Commission shall agree the detailed financial terms of the assistance with the beneficiary country. These shall be laid down in a Grant or Loan Agreement. |
5. Following the adoption of the delegated act on granting macro-financial assistance, the Commission shall agree the detailed financial terms of the assistance with the beneficiary country. These shall be laid down in a Grant or Loan Agreement. |
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Amendment 38 |
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Proposal for a regulation Article 7 – paragraph 6 |
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6. The Commission shall inform the European Parliament and the Council of developments in country-specific assistance and provide them with the relevant documents. |
6. The Commission shall inform the European Parliament and the Council of developments in country-specific assistance and provide them with the relevant documents in due time . |
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Amendment 39 |
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Proposal for a regulation Article 9 – paragraph 2 |
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2. The assistance shall be disbursed in successive instalments, conditional upon the fulfilment of the conditions referred to in Article 6(2) and 6(3). |
2. The assistance shall be disbursed in successive instalments, conditional upon the fulfilment of the conditions referred to in Article 6(1) , (2) and (3). |
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Amendment 40 |
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Proposal for a regulation Article 9 – paragraph 3 |
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3. The Commission shall verify at regular intervals that the conditions referred to in Article 6(2) and 6(3) continue to be met. |
3. The Commission shall verify at regular intervals that the conditions referred to in Article 6(2) and (3) continue to be met. The EEAS shall verify at regular intervals, and without delay in the case of unforeseen developments, that the conditions referred to in Article 6(1) continue to be met, and inform the Commission accordingly. |
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Amendment 41 |
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Proposal for a regulation Article 9 – paragraph 4 |
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4. In case the conditions referred to in Article 6(2) and 6(3) are not met, the Commission can temporarily suspend, reduce or cancel the disbursement of the assistance. |
4. In case the conditions referred to in Article 6(1) , (2) and (3) are not met, the Commission, in close cooperation with the EEAS , can temporarily suspend, reduce or cancel the disbursement of the assistance. |
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Amendment 42 |
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Proposal for a regulation Article 9 – paragraph 4 a (new) |
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4a. In these instances, and in case the suspension of the operation is lifted after consultation of the EEAS, the Commission shall inform the European Parliament and the Council of the reasons thereof. |
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Amendment 43 |
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Proposal for a regulation Article 11 – paragraph 1 |
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1. Beneficiary countries shall regularly check that financing provided from the budget of the Union has been properly used, take appropriate measures to prevent irregularities and fraud, and, if necessary, take legal action to recover any funds provided under this Regulation that have been misappropriated. |
1. Any agreements resulting from this Regulation shall contain provisions ensuring that beneficiary countries shall regularly check that financing provided from the budget of the Union has been properly used, take appropriate measures to prevent irregularities and fraud, and, if necessary, take legal action to recover any funds provided under this Regulation that have been misappropriated. |
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Amendment 44 |
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Proposal for a regulation Article 11 – paragraph 3 a (new) |
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3a. The Memorandum of Understanding referred to in Article 6(3) and any other agreements resulting from this Regulation shall ensure the rights of the Commission and the Court of Auditors under paragraphs 2 and 3 of this Article during and after the availability period of the macro-financial assistance. |
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Amendment 45 |
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Proposal for a regulation Article 12 – paragraph 1 |
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1. The Commission shall regularly evaluate the results and efficiency of macro-financial assistance in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. |
1. The Commission shall regularly evaluate the results and efficiency of macro-financial assistance regarding each and every particular recipient country or territory in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. When evaluating the functioning of the political conditionality under Article 6(1), the Commission shall consult the EEAS . |
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Amendment 46 |
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Proposal for a regulation Article 12 – paragraph 2 |
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2. The Commission shall send ex-post evaluation reports to the European Parliament and the Council, assessing the extent to which recently completed MFA operations have contributed to the aims of the assistance. |
2. The Commission shall send ex-post evaluation reports to the European Parliament, the Council and the Court of Auditors , assessing the extent to which recently completed macro-financial assistance operations regarding a particular recipient country or territory have contributed to the aims of the assistance. |
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Amendment 47 |
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Proposal for a regulation Article 12 – paragraph 2 a (new) |
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2a. The Court of Auditors shall audit the financial management of the assistance. |
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Amendment 48 |
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Proposal for a regulation Article 14 – paragraph 3 |
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3. Where reference is made to this paragraph, Article 4 of Regulation (EU) 182/2011 shall apply. |
deleted |
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Amendment 49 |
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Proposal for a regulation Article 14 a (new) |
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Article 14a Exercise of the delegation |
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1. The power to adopt delegated acts referred to in Articles 2(1a), 2(1b), 5(3), 7(3) and 7(4) shall be conferred on the Commission for a period of applicability of this Regulation. |
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2. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
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3. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council. |
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4. A delegated act adopted pursuant to Articles 2(1a), 2(1b), 5(3), 7(3) and 7(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of the act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. |
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Amendment 50 |
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Proposal for a regulation Article 14 b (new) |
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Article 14b Review |
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1. No later than … (5) and every four years thereafter, the Commission shall present to the European Parliament and the Council a report on the application of this Regulation. |
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2. The report referred to in paragraph 1 shall include a detailed overview of macro-financial assistance granted under this Regulation and shall be accompanied, if appropriate, by a legislative proposal for a review of this Regulation. |
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Amendment 51 |
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Proposal for a regulation Article 15 |
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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and shall expire on 31 December 2013 . |
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. |
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Amendment 52 |
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Proposal for a regulation Annex II |
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Annex deleted. |
Amendment 53
Proposal for a regulation
Annex II a (new)
Amendment by Parliament
ANNEX II a
MACRO-FINANCIAL ASSISTANCE TO PARTICULAR COUNTRIES AND TERRITORIES
Beneficiary of assistance |
Total maximum amount of assistance |
Form of assistance |
Availability period of assistance |
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Loan |
Grant |
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Amount |
Maximum average maturity |
Maximum number of instalments |
Amount |
Maximum number of instalments |
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… |
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… |
(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7- 0157/2012).
(2) Regulation No … of the European Parliament and of the Council of … on the Instrument for Pre-accession Assistance (IPA II) (OJ …)
(3) Regulation No … of the European Parliament and of the Council of … establishing a European Neighbourhood Instrument (OJ …)
(4) Regulation No … of the European Parliament and of the Council of … establishing a financing instrument for development cooperation (OJ …)
(5) Four years after the entry into force of this Regulation .