19.2.2016 |
EN |
Official Journal of the European Union |
C 65/212 |
P7_TA(2013)0257
Fund for European aid to the most deprived ***I
Amendments adopted by the European Parliament on 12 June 2013 on the proposal for a regulation of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived (COM(2012)0617 — C7-0358/2012 — 2012/0295(COD)) (1)
(Ordinary legislative procedure: first reading)
(2016/C 065/42)
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 2
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 2 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 2 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 2 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 4 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 4 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 4 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 8 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 9 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 12 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 12 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 15
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Recital 27
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Recital 30
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Recital 32
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Recital 35
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Recital 41
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a regulation
Recital 42 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Recital 42 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 36
Proposal for a regulation
Article 1
Text proposed by the Commission |
Amendment |
1. This Regulation establishes the Fund for European Aid to the Most Deprived (hereinafter ‘the Fund’) for the period from 1 January 2014 to 31 December 2020 and determines the objectives of the Fund, the scope of its support, the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness of the Fund. |
1. This Regulation establishes the Fund for European Aid to the Most Deprived (hereinafter ‘the Fund’) for the period from 1 January 2014 to 31 December 2020 and determines the objectives of the Fund, the scope of its support, the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness and efficiency of the Fund. |
Amendment 37
Proposal for a regulation
Article 2
Text proposed by the Commission |
Amendment |
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The following definitions shall apply: |
For the purpose of this Regulation the following definitions shall apply: |
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Amendment 73
Proposal for a regulation
Article 2 a (new)
Text proposed by the Commission |
Amendment |
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Article 2a |
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The right to use the Fund shall apply to all Members States. |
Amendment 38
Proposal for a regulation
Article 3
Text proposed by the Commission |
Amendment |
The Fund shall promote social cohesion in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the Union by providing non-financial assistance to the most deprived persons. This objective shall be measured by the number of persons receiving assistance from the Fund . |
1. The Fund shall promote social cohesion , enhance social inclusion and combat poverty in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy , whilst complementing the European Social Fund . The Fund shall contribute to achieving the specific objective of alleviating and eradicating the worst forms of poverty, in particular food poverty, by providing non-financial assistance to the most deprived persons. |
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2. The Fund shall contribute to the sustainable eradication of food poverty, offering most deprived persons the prospect of a decent life. This objective and the structural impact of the fund shall be qualitatively and quantitatively assessed. |
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3. The Fund shall complement and shall not replace or reduce sustainable national poverty eradication and social inclusion programmes, which remain the responsibility of Member States. |
Amendment 39
Proposal for a regulation
Article 4
Text proposed by the Commission |
Amendment |
1. The Fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by Member States. |
1. The Fund shall support national schemes whereby food products and /or basic material assistance, including starter packs, for the personal use of the end recipients are distributed to the most deprived persons through partner organisations selected by Member States. |
2. The Fund may support accompanying measures, complementing the provision of food and goods , contributing to the social inclusion of the most deprived persons. |
2. The Fund may support accompanying measures, complementing the provision of food and basic material assistance , contributing to social inclusion and a healthy diet and reducing dependencies of the most deprived persons. Such measures should be closely linked to the local activities of the European Social Fund and the activities of organisations which focus on the eradication of poverty. |
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2a. The Fund may provide beneficiaries with assistance to make more efficient use of local food supply chains, thereby augmenting and diversifying the supply of food for the most deprived, as well as reducing and preventing food wastage. |
3. The Fund shall promote mutual, learning, networking and dissemination of good practices in the area of non-financial assistance to the most deprived persons. |
3. The Fund shall promote, at European level, mutual learning, networking and dissemination of good practices in the area of non-financial assistance to the most deprived persons . Relevant organisations and projects that do not make use of the Fund may also be included. |
Amendments 40 and 76
Proposal for a regulation
Article 5
Text proposed by the Commission |
Amendment |
1. The part of the Union budget allocated to the Fund shall be implemented within the framework of shared management between the Member States and the Commission, in accordance with Article 55(1)(b) of the Financial Regulation, with the exception of technical assistance at the initiative of the Commission, which shall be implemented in the framework of direct management in accordance with Article 55(1) (a) of the Financial Regulation. |
1. The part of the Union budget allocated to the Fund shall be implemented within the framework of shared management between the Member States and the Commission, in accordance with Article 55(1)(b) of the Financial Regulation, with the exception of technical assistance at the initiative of the Commission, which shall be implemented in the framework of direct management in accordance with Article 55(1) (a) of the Financial Regulation. |
2. The Commission and the Member States shall ensure that support from the Fund is consistent with the policies and priorities of the Union and complementary to other instruments of the Union. |
2. The Commission and the Member States shall ensure that support from the Fund is consistent with the policies and priorities of the Union and complementary to other instruments of the Union. |
3. Support from the Fund shall be implemented in close cooperation between the Commission and the Member States. |
3. Support from the Fund shall be provided in close co-operation between the Commission and the Member States in co-operation with as well as the competent regional and local authorities and partner organisations involved. |
4. Member States and the bodies designated by them for that purpose shall be responsible for implementing the operational programmes and carrying out their tasks under this Regulation in accordance with the institutional, legal and financial framework of the Member State and subject to compliance with this Regulation. |
4. Member States and the bodies designated by them for that purpose, or where appropriate, the competent regional authorities, shall be responsible for implementing the operational programmes and carrying out their tasks under this Regulation in accordance with the institutional, legal and financial framework of the Member State and subject to compliance with this Regulation. |
5. Arrangements for the implementation and use of the Fund, and in particular the financial and administrative resources required in relation to reporting, evaluation, management and control shall take into account the principle of proportionality having regard to the level of support allocated . |
5. Arrangements for the implementation and use of the Fund, and in particular the financial and administrative resources required in relation to reporting, evaluation, management and control shall take into account the limited administrative capacity of organisations that function in the main thanks to volunteers, and shall ensure that the administrative burden placed on them is not greater than it was under the previous programme. |
6. In accordance with their respective responsibilities, the Commission and the Member States shall ensure coordination with the European Social Fund, and with other Union policies and instruments |
6. In accordance with their respective responsibilities, and in order to prevent double funding , the Commission and the Member States shall ensure coordination with the European Social Fund, and with other Union policies and instruments, in particular Union actions in the field of health. |
7. The Commission and the Member States and the beneficiaries shall apply the principle of sound financial management in accordance with Article 26 of the Financial Regulation. |
7. The Commission and the Member States and the beneficiaries shall apply the principle of sound financial management in accordance with Article 26 of the Financial Regulation. |
8. The Commission and the Member States shall ensure the effectiveness of the Fund, in particular through monitoring, reporting and evaluation. |
8. The Commission and the Member States shall ensure the effectiveness of the Fund, in particular through monitoring, reporting and evaluation and through the close and regular consultation of local and regional authorities and partner organisations implementing the fund's measures in the impact assessments . |
9. The Commission and the Member States shall carry out their respective roles in relation to the Fund with the aim of reducing the administrative burden for beneficiaries. |
9. The Commission and the Member States shall take action to guarantee the effectiveness of the Fund, and shall carry out their respective roles in relation to the Fund with the aim of reducing the administrative burden for beneficiaries; |
10. The Commission and the Member States shall ensure that equality between men and women and the integration of the gender perspective are promoted during the various stages of the implementation of the Fund. The Commission and the Member States shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in obtaining access to the Fund. |
10. The Commission and the Member States shall ensure that equality between men and women and the integration of the gender perspective are taken into account during the various stages of the preparation, the programming, management and implementation, the monitoring and the evaluation of the Fund, as well as in information and awareness raising campaigns and exchanges of best practices, while using data broken down by gender where available . The Commission and the Member States shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in obtaining access to the Fund, and related programmes and operations. |
11. Operations financed by the Fund shall comply with applicable Union and national law. In particular, the Fund may only be used to support distribution of food or goods that are in conformity with the Union legislation on consumer product safety. |
11. Operations financed by the Fund shall comply with applicable Union and national law. In particular, the Fund may only be used to support distribution of food or basic material assistance that are in conformity with the Union legislation on consumer product safety. |
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11a. Where appropriate, the choice of food products shall be based on principles of balanced nutrition and quality food, including fresh produce, and should contribute to a healthy diet of the end recipients. |
12. Member States and beneficiaries shall choose the food products and the goods on the basis of objective criteria. The selection criteria for the food products, and where appropriate for goods, shall also take into consideration climatic and environmental aspects, in particular with a view to reduction of food waste. |
12. Member States and beneficiaries shall choose food products and the basic material assistance on the basis of objective criteria related to the needs of the most deprived persons. |
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12a. Where appropriate priority should be given to local and regional products, taking climatic and environmental considerations into account, in particular with a view to the reduction of food waste at every stage of the distribution chain. This may include partnerships with companies throughout the food chain in a spirit of corporate social responsibility. |
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12b. The Commission and the Member States shall ensure that aid granted in the framework of this Fund respects the dignity of the most deprived persons. |
Amendment 75
Proposal for a regulation
Article 6 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 2 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II. |
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 (in 2011 prices) shall not be less, in real terms, than seven times the budgetary allocation, adopted in the 2011 budget, for the aid for deprived persons programme . |
Amendment 42
Proposal for a regulation
Article 6 — paragraph 3
Text proposed by the Commission |
Amendment |
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3. The Commission shall adopt a decision, by means of implementing acts, setting out the annual breakdown of the global resources by Member State, in accordance with Article 84(5) of Regulation (EU) No… (CPR), without prejudice to paragraph 4 of this Article, taking into account the following indicators established by Eurostat: |
3. The Commission shall adopt a decision, by means of implementing acts, setting out the annual breakdown of the global resources by Member State, in accordance with Article 84(5) of Regulation (EU) No… (CPR), without prejudice to paragraph 4 of this Article, based on the most recent indicators established by Eurostat concerning : |
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Amendment 43
Proposal for a regulation
Article 7
Text proposed by the Commission |
Amendment |
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1. Each Member State shall submit to the Commission one operational programme covering the period between 1 January 2014 and 31 December 2020 within three months of the entry into force of this Regulation, containing the following items: |
1. Each Member State shall submit to the Commission one operational programme covering the period between 1 January 2014 and 31 December 2020 within three months of the entry into force of this Regulation, containing the following items: |
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The partner organisations referred to in point (e) that deliver directly the food or goods shall themselves undertake activities complementing the provision of material assistance, aiming at the social inclusion of the most deprived persons, whether or not these activities are supported by the Fund. |
The partner organisations referred to in point (e) that deliver directly the food and/ or basic material assistance shall themselves or in cooperation with other organisations undertake activities complementing the provision of material assistance, aiming at the social inclusion of the most deprived persons, whether or not these activities are supported by the Fund. |
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2. Operational programmes shall be drawn up by Member States or any authority designated by them in cooperation with the competent regional, local and other public authorities as well as bodies representing civil society and bodies responsible for promoting equality and non-discrimination . |
2. Operational programmes shall be drawn up by Member States or any authority designated by them in cooperation with the competent regional, local and other public authorities as well as all relevant stakeholders . Member States shall ensure that the operational programmes are closely linked to national social inclusion policies. |
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3. The Member States shall draft their operational programmes in accordance with the template set out in Annex I. |
3. The Member States shall draft their operational programmes in accordance with the template set out in Annex I. |
Amendment 44
Proposal for a regulation
Article 9 — paragraph 1
Text proposed by the Commission |
Amendment |
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1. Member State may submit a request for amendment of the operational programme. It shall be accompanied by the revised operational programme and the justification for the amendment. |
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Amendment 45
Proposal for a regulation
Article 10
Text proposed by the Commission |
Amendment |
Platform |
Exchange of good practice |
The Commission shall set up a Union level platform to facilitate the exchange of experience, capacity building and networking , as well as dissemination of relevant outcomes in the area of non-financial assistance to the most deprived persons. |
The Commission shall facilitate the exchange of experience, capacity building, networking and social innovation at Union level, thereby linking partner organisations and other relevant stakeholders from all Member States. |
In addition, the Commission shall consult, at least once a year, the organisations which represent the partner organisations at Union level on the implementation of support from the Fund. |
In addition, the Commission shall consult, at least once a year, the organisations which represent the partner organisations at Union level on the implementation of support from the Fund and shall thereafter report back to the European Parliament and to the Council in due course. |
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The Commission shall also facilitate the online dissemination of relevant outcomes, reports and information in relation to the Fund. |
Amendment 46
Proposal for a regulation
Article 11
Text proposed by the Commission |
Amendment |
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1. From 2015 to 2022, the Member States shall submit to the Commission, by 30 June of each year, an annual implementation report for the operational programme in the previous financial year. |
1. From 2015 to 2022, the Member States shall submit to the Commission, by 30 June of each year, an annual implementation report for the operational programme in the previous financial year. |
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2. The Member States shall draft the annual implementation report in accordance with the template adopted by the Commission, including the list of common input and outcome indicators. |
2. The Member States shall draft the annual implementation report in accordance with the template adopted by the Commission, including the list of common input and outcome indicators. |
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These indicators shall include: |
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3. The annual implementation reports shall be admissible where they contain all the information required in accordance with the template referred in paragraph 2, including the common indicators. The Commission shall inform the Member State concerned within 15 working days from the date of receipt of the annual implementation report if it is not admissible. Where the Commission has not sent that information within the time limit, the report shall be deemed admissible. |
3. The annual implementation reports shall be admissible where they contain all the information required in accordance with the template referred in paragraph 2, including the common indicators. The Commission shall inform the Member State concerned within 15 working days from the date of receipt of the annual implementation report if it is not admissible. Where the Commission has not sent that information within the time limit, the report shall be deemed admissible. |
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4. The Commission shall examine the annual implementation report and inform the Member State of its observations within two months of the receipt of the annual implementation report. |
4. The Commission shall examine the annual implementation report and inform the Member State of its observations within two months of the receipt of the annual implementation report. |
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Where the Commission does not provide observations within this time limit, the reports shall be deemed to be accepted. |
Where the Commission does not provide observations within this time limit, the reports shall be deemed to be accepted. |
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5. The Member States shall submit a final report on the implementation of the operational programme by 30 September 2023. |
5. The Member States shall submit a final report on the implementation of the operational programme by 30 September 2023. |
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The Member States shall draft the final implementation report in accordance with the template adopted by the Commission. |
The Member States shall draft the final implementation report in accordance with the template adopted by the Commission. |
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The Commission shall examine the final implementation report and inform the Member State of its observations within five months of receipt of the final report. |
The Commission shall examine the final implementation report and inform the Member State of its observations within five months of receipt of the final report. |
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Where the Commission does not provide observations within this time limit, the reports shall be deemed to be accepted. |
Where the Commission does not provide observations within this time limit, the reports shall be deemed to be accepted. |
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6. The Commission shall adopt the template for the annual implementation report, including the list of common indicators and for the final implementation report by means of implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2). |
6. The Commission shall adopt the template for the annual implementation report, including the list of common indicators and for the final implementation report by means of implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2). |
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7. The Commission may address observations to a Member State concerning the implementation of the operational programme. The managing authority shall within three months inform the Commission of the corrective measures taken. |
7. The Commission may address observations to a Member State concerning the implementation of the operational programme. The managing authority shall within three months inform the Commission of the corrective measures taken. |
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8. The managing authority shall make public a summary of the contents of each annual and final implementation report. |
8. The managing authority shall make public a summary of the contents of each annual and final implementation report. |
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8a. The Commission shall present a summary of the annual implementation reports and the final implementation reports to the European Parliament and Council in due time. |
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8b. The procedure concerning implementation reports shall not be excessive in comparison to the funds allocated and to the nature of the support and shall not cause unnecessary administrative burdens. |
Amendment 47
Proposal for a regulation
Article 12
Text proposed by the Commission |
Amendment |
Bilateral review meeting |
Bilateral review meetings |
1. The Commission and each Member State shall meet every year from 2014 to 2022, unless otherwise agreed, to examine the progress in implementing the operational programme, taking account of the annual implementation report and the Commission's observations referred to in Article 11(7), where applicable. |
1. The Commission and each Member State shall meet every year from 2014 to 2022, unless otherwise agreed, to examine the progress in implementing the operational programme, taking account of the annual implementation report and the Commission's observations referred to in Article 11(7), where applicable. |
2. The bilateral review meeting shall be chaired by the Commission. |
2. The bilateral review meeting shall be chaired by the Commission. |
3. The Member State shall ensure that appropriate follow-up is given to any comments of the Commission following the meeting. |
3. The Member State shall ensure that appropriate follow-up is given to any comments of the Commission following the meeting and refer to it in the implementation report of the following year or, as appropriate, years |
Amendment 48
Proposal for a regulation
Article 13
Text proposed by the Commission |
Amendment |
1. Member States shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to the common indicators referred to in Article 11. |
1. Member States shall provide the resources necessary for carrying out evaluations, and shall ensure that procedures are in place to produce and collect the data necessary for evaluations, including data related to the common indicators referred to in Article 11. |
2. Evaluations shall be carried out by experts that are functionally independent of the authorities responsible for operational programme implementation. All evaluations shall be made public in their entirety. |
2. Evaluations shall be carried out by experts that are functionally independent of the authorities responsible for operational programme implementation. All evaluations shall be made public in their entirety but may under no circumstances include information regarding the identity of end recipients. |
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2a. The evaluations shall not be excessive in comparison to the funds allocated or to the nature of the support and shall not cause unnecessary administrative burdens. |
Amendment 49
Proposal for a regulation
Article 14
Text proposed by the Commission |
Amendment |
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1. Member States shall carry out an ex ante evaluation of the operational programme. |
1. Member States shall carry out an ex ante evaluation of the operational programme. |
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2. The ex ante evaluation shall be carried out under the responsibility of the authority responsible for preparing the operational programmes. It shall be submitted to the Commission at the same time as the operational programme, together with an executive summary. |
2. The ex ante evaluation shall be carried out under the responsibility of the authority responsible for preparing the operational programmes. It shall be submitted to the Commission at the same time as the operational programme, together with an executive summary. |
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3. Ex ante evaluations shall appraise the following elements: |
3. Ex ante evaluations shall appraise the following elements: |
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Amendment 50
Proposal for a regulation
Article 15
Text proposed by the Commission |
Amendment |
1. During the programming period, the managing authority may carry out evaluations for assessing the effectiveness and efficiency of the operational programme. |
1. During the programming period, the managing authority shall evaluate the effectiveness and efficiency of the operational programme. |
2. The managing authority shall carry out a structured survey on end recipients in 2017 and 2021, in accordance with the template provided by the Commission. The Commission shall adopt the template by means of an implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2). |
2. The managing authority shall carry out a structured survey on end recipients in 2017 and 2021, in accordance with the template provided by the Commission. The Commission shall adopt implementing acts establishing the template after the consultation of relevant stakeholders. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2). |
3. The Commission may carry out, at its own initiative, evaluation of operational programmes. |
3. The Commission may at its own initiative, evaluate operational programmes. |
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3a. The Commission shall present a mid-term assessment of the Fund to the European Parliament and to the Council by March 2018 at the latest. |
Amendment 51
Proposal for a regulation
Article 16
Text proposed by the Commission |
Amendment |
At its own initiative and in close cooperation with the Member States, the Commission shall carry out, with the assistance of external experts, an ex-post evaluation, to assess the effectiveness and sustainability of results obtained as well as to measure the added value of the Fund. This ex post evaluation shall be completed by 31 December 2023. |
At its own initiative and in close cooperation with the Member States, the Commission shall carry out, with the assistance of external experts, an ex-post evaluation, to assess the effectiveness and efficiency of the fund and the sustainability of results obtained, as well as to measure the added value of the Fund. This ex post evaluation shall be completed by 31 December 2023. |
Amendment 52
Proposal for a regulation
Article 17
Text proposed by the Commission |
Amendment |
1. The Member States shall provide information on and promote the actions supported by the Fund. The information shall be addressed to the most deprived persons, the media and the wider public. It shall highlight the role of the Union and ensure that the contribution from the Fund is visible. |
1. The Commission and the Member States shall provide information on and promote the actions supported by the Fund. The information shall, in particular, be addressed to the most deprived persons, as well as to the wider public and the media . It shall highlight the role of the Union and ensure that the contribution from the Fund , the Member States and the partner organisations regarding the Union's social cohesion objectives is visible without stigmatising end recipients . |
2. The managing authority shall, in order to maintain transparency in the support of the Fund, maintain a list of operations supported by the Fund in CSV or XML format which shall be accessible through a website. The list shall include at least information on the beneficiary name, its address and allocated amount of Union funding as well as the type of material deprivation addressed. |
2. The managing authority shall, in order to maintain transparency in the support of the Fund, maintain a list of operations supported by the Fund in CSV or XML format which shall be accessible through a website The list shall include at least information on the beneficiary name, its address and allocated amount of Union funding as well as the type of material deprivation addressed. |
The list of operations shall be updated at least every twelve months. |
The list of operations shall be updated at least every twelve months. |
3. During the implementation of an operation, the beneficiaries and partner organisations shall inform the public about the support obtained from the Fund by placing at least one poster with information about the operation (minimum size A3), including about the financial support from Union, at a location readily visible to the public, at each place of provision of food, goods and any accompanying measure, except if this is not possible due to the circumstances of the distribution. |
3. During the implementation of an operation, the beneficiaries and partner organisations shall inform the public about the support obtained from the Fund by placing either at least one poster with information about the operation (minimum size A3), including about the financial support from Union or a European Union flag of reasonable size , at a location readily visible to the public, at each place of provision of food and/or basic material assistance and any accompanying measure without stigmatising end-recipients , except if this is not possible due to the circumstances of the distribution. |
Those beneficiaries and partner organisations which have websites shall also provide a short description of the operation, including its aims and results, and highlighting the financial support from the Union. |
Those beneficiaries and partner organisations which have websites shall also provide a short description of the operation, including its aims and results, and highlighting the financial support from the Union. |
4. All information and communication measures undertaken by the beneficiary and the partner organisations shall acknowledge support from the Fund to the operation by displaying the emblem of the Union together with a reference to the Union and the Fund. |
4. All information and communication measures undertaken by the beneficiary and the partner organisations shall acknowledge support from the Fund to the operation by displaying the emblem of the Union together with a reference to the Union and the Fund. |
5. The managing authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2. The managing authority shall provide information and publicity kits, including templates in electronic format, to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3. |
5. The managing authority shall inform beneficiaries of publication of the list of operations in accordance with paragraph 2. The managing authority shall provide information and publicity kits, including templates in electronic format, to help beneficiaries and partner organisations to meet their obligations as set out in paragraph 3. |
6. In processing personal data pursuant to this Article , the managing authority as well as the beneficiaries and partner organisations shall comply with Directive 95/46/EC. |
6. In processing personal data pursuant to Articles 13 to 17, the managing authority as well as the beneficiaries and partner organisations shall comply with Directive 95/46/EC. |
Amendment 53
Proposal for a regulation
Article 18
Text proposed by the Commission |
Amendment |
1. The co-financing rate at the level of the operational programme shall not be higher than 85 % of the public eligible expenditure. |
1. The co-financing rate at the level of the operational programme amounts to 85 % of the public eligible expenditure. It may be increased in the cases described in Article 19(1). Member States shall be free to support the Fund's initiatives with additional national resources. |
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1a. Beneficiaries shall not under any circumstance co-finance operations of the Fund. |
2. The Commission decision adopting an operational programme shall fix the co-financing rate applicable to the operational programme and the maximum amount of support from the Fund. |
2. The Commission decision adopting an operational programme shall fix the co-financing rate applicable to the operational programme and the maximum amount of support from the Fund. |
3. The technical assistance measures implemented at the initiative of, or on behalf of, the Commission may be financed at the rate of 100 %. |
3. The technical assistance measures implemented at the initiative of, or on behalf of, the Commission may be financed at the rate of 100 %. |
Amendment 54
Proposal for a regulation
Article 19
Text proposed by the Commission |
Amendment |
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1. At the request of a Member State, interim payments and payments of the final balance may be increased by 10 percentage points above the co-financing rate applicable to the operational programme. The increased rate, which can not exceed 100 %, shall apply to requests for payment relating to the accounting period in which the Member State has submitted its request and subsequent accounting periods during which the Member State meets one of the following conditions: |
1. At the request of a Member State, interim payments and payments of the final balance may be increased by 10 percentage points above the co-financing rate applicable to the operational programme. The increased rate, which can not exceed 100 %, shall apply to requests for payment relating to the accounting period in which the Member State has submitted its request and subsequent accounting periods during which the Member State meets one of the following conditions: |
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2. Notwithstanding paragraph 1, Union support through interim payments and payments of the final balance shall not be higher than the public support and the maximum amount of support from the Fund, as laid down in the Commission decision approving the operational programme. |
2. Notwithstanding paragraph 1, Union support through interim payments and payments of the final balance shall not be higher than the public and/or private support and the maximum amount of support from the Fund, as laid down in the Commission decision approving the operational programme. |
Amendment 55
Proposal for a regulation
Article 21
Text proposed by the Commission |
Amendment |
1. Operations supported by the operational programme shall be located in the Member State covered by the operational programme. |
1. Operations supported by the operational programme shall be located in the Member State covered by the operational programme. |
2. Operations may receive support from the operation programme provided that they have been selected in accordance with a fair and transparent procedure, on the basis of the criteria laid down in the operational programme. |
2. Operations may receive support from the operation programme provided that they have been selected in accordance with a fair and transparent procedure, on the basis of the criteria laid down in the operational programme. |
3. The food and the goods for homeless persons or for children may be purchased by the partner organisations themselves. |
3. The food and /or the items for basic material assistance for the personal use of the end recipients may be purchased by the partner organisations themselves. |
They may also be purchased by a public body and made available free of charge to the partner organisations. In that case, the food may be obtained from the use, processing or sale of the products in intervention stocks made available in accordance with Article 15 of the Regulation (EU) No [CMO] , provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the partner organisations. Any amount derived from a transaction concerning those stocks shall be used for the benefit of the most deprived persons, and shall not be applied so as to diminish the obligations of the Member States, provided in Article 18 of this Regulation, to co-finance the programme. |
They may also be purchased by a public body and made available free of charge to the partner organisations. The partner organisations may, in addition, distribute food supplies coming from other sources including intervention stock made available under Article 15 of the Regulation (EU) No. … [CMO]. |
The Commission shall apply the procedures adopted pursuant to Article 19(e) of the Regulation (EU) No [CMO] by which the products in intervention stocks may be used, processed or sold for the purposes of this Regulation, in order to ensure the most efficient possible use of the intervention stocks and proceeds thereof. |
The Commission shall apply the procedures adopted pursuant to Article 19(e) of the Regulation (EU) No [CMO] by which the products in intervention stocks may be used, processed or sold for the purposes of this Regulation, in order to ensure the most efficient possible use of the intervention stocks and proceeds thereof. |
4. That material assistance shall be distributed free of charge to the most deprived persons. |
4. The food and/or the items for basic material assistance shall be distributed free of charge to the most deprived persons without any exception. |
5. An operation supported by the Fund shall not receive support from another Union instrument. |
5. An operation supported by the Fund shall not receive support from another Union instrument in order to avoid double funding. However, beneficiaries shall not be prevented from applying to use other European Funds such as the ESF to undertake complementary actions aimed at addressing poverty relief and social inclusion. |
Amendment 56
Proposal for a regulation
Article 24
Text proposed by the Commission |
Amendment |
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1. The costs eligible for a support from the operational programme shall be: |
1. The costs eligible for a support from the operational programme shall be: |
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2. The following costs shall not be eligible for a support from the operational programme: |
2. The following costs shall not be eligible for a support from the operational programme: |
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Amendment 57
Proposal for a regulation
Article 28 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The Member State shall designate a national public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. |
4. The Member State shall designate a national public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. The national audit office or the national court of auditors may be designated as the audit authority. |
Amendment 58
Proposal for a regulation
Article 29 — paragraph 4 — point e
Text proposed by the Commission |
Amendment |
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Amendment 59
Proposal for a regulation
Article 30 — paragraph 1 — point 2
Text proposed by the Commission |
Amendment |
2. drawing up the annual accounts referred to in Article 56 (5) (a) of the Financial Regulation; |
2. drawing up the annual accounts referred to in Article 59 (5)(a) of the Financial Regulation; |
Amendment 60
Proposal for a regulation
Article 30 — paragraph 1 — point 8
Text proposed by the Commission |
Amendment |
8. keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation. Amounts recovered shall be repaid to the general budget of the Union prior to the closure of the operational programme by deducting them from the next statement of expenditure. |
8. keeping an account of amounts recoverable and of amounts withdrawn following cancellation of all or part of the contribution for an operation. Amounts recovered shall be repaid to the Fund prior to the closure of the operational programme by deducting them from the next statement of expenditure. |
Amendment 61
Proposal for a regulation
Article 31 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The audit authority shall, within six months of adoption of the operational programme, prepare an audit strategy for performance of audits. The audit strategy shall set out the audit methodology, the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years. The audit strategy shall be updated annually from 2016 until and including 2022. The audit authority shall submit the audit strategy to the Commission upon request . |
4. The audit authority shall, within six months of adoption of the operational programme, prepare an audit strategy for performance of audits. The audit strategy shall set out the audit methodology, the sampling method for audits on operations and the planning of audits in relation to the current accounting year and the two subsequent accounting years. The audit strategy shall be updated annually from 2016 until and including 2022. The audit authority shall submit the audit strategy to the Commission. The Commission shall be empowered to request that the audit authority introduces changes to its audit strategy, which, in its view, are necessary for ensuring that audits are carried out in a proper manner, in accordance with the internationally accepted audit standards. In doing so the Commission shall ensure that performance audit has been sufficiently taken into account. |
Amendment 62
Proposal for a regulation
Article 31 — paragraph 5 — subparagraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 63
Proposal for a regulation
Article 33 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The Commission may require a Member State to take the actions necessary to ensure the effective functioning of their management and control systems or the correctness of expenditure in accordance with this Regulation. |
3. The Commission shall require Member States to take the actions necessary to ensure the effective functioning of their management and control systems or the correctness of expenditure in accordance with this Regulation. |
Amendment 64
Proposal for a regulation
Article 35 — paragraph 1
Text proposed by the Commission |
Amendment |
The budget commitments of the Union in respect of each operational programme shall be made in annual instalments during the period between 1 January 2014 and 31 December 2020. The decision of the Commission adopting the operational programme shall constitute the financing decision within the meaning of Article 81(2) of the Financial Regulation and once notified to the Member State concerned, a legal commitment within the meaning of that Regulation. |
The budget commitments of the Union in respect of each operational programme shall be made in annual instalments during the period between 1 January 2014 and 31 December 2020. The decision of the Commission adopting the operational programme shall constitute the financing decision within the meaning of Article 84(2) of the Financial Regulation and once notified to the Member State concerned, a legal commitment within the meaning of that Regulation. |
Amendment 65
Proposal for a regulation
Article 45 — paragraph 1
Text proposed by the Commission |
Amendment |
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1. For each year from 2015 until and including 2022, by 15 February of the year following the end of the accounting period, the designated bodies shall submit to the Commission the following documents and information in accordance with Article 56 of the Financial Regulation: |
1. For each year from 2015 until and including 2022, by 15 February of the year following the end of the accounting period, the designated bodies shall submit to the Commission the following documents and information in accordance with Article 59 of the Financial Regulation: |
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Amendment 66
Proposal for a regulation
Article 48 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The managing authority shall ensure that all supporting documents on operations are made available to the Commission and the European Court of Auditors upon request for a period of three years. This three year period shall run from 31 December of the year of the decision on acceptance of accounts by the Commission pursuant to Article 47 or, at the latest, from the date of payment of the final balance. |
1. The managing authority shall ensure that all supporting documents on operations are made available to the Commission and the European Court of Auditors upon request for a period of five years. This five year period shall run from the date of payment of the final balance. |
This three year period shall be interrupted either in the case of legal or administrative proceedings or by a duly justified request of the Commission. |
This five year period shall be interrupted either in the case of legal or administrative proceedings or by a duly justified request of the Commission. |
Amendment 67
Proposal for a regulation
Article 60 a (new)
Text proposed by the Commission |
Amendment |
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Article 60a |
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Transitional provisions |
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The Commission and the Member States shall ensure via transitional provisions that activities eligible for support can start as of 1 January 2014, even if operational programmes have not yet been submitted. |
Amendment 68
Proposal for a regulation
Article 61
Text proposed by the Commission |
Amendment |
This Regulation shall enter into force on the twentieth day after publication following that of its publication in the Official Journal of the European Union. |
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. |
(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0183/2013).