Cohesion policy legislative package 2021-2027 - European Regional Development Fund and Cohesion Fund Regulation = Presidency Report - Main contents

Document date	13-12-2019
Publication date	14-12-2019
Reference	14958/19
From	Presidency
External link	original article
Original document in PDF

Council of the European Union

Brussels, 13 December 2019 (OR. en)

14958/19

Interinstitutional File: 2018/0197(COD) i

FSTR 163 REGIO 216 FC 69 CADREFIN 408 CODEC 1746

NOTE

From: Presidency

To: Permanent Representatives Committee

No. Cion doc.: COM(2018) 372 i

Subject: Cohesion policy legislative package 2021-2027

• - 

  European Regional Development Fund and Cohesion Fund Regulation

• = 

  Presidency Report

• I. 

  INTRODUCTION

  • 1. 

    On 30 May 2018 the Commission adopted the proposal for a Regulation on the

European Regional Development Fund and the Cohesion Fund 1 (ERDF/Cohesion Fund

Regulation).

• 2. 

  The ERDF/Cohesion Fund Regulation was presented to the Structural Measures

  Working Party (SMWP) in June 2018 during the Bulgarian Presidency.

• 3. 

  Detailed examination of the ERDF/Cohesion Fund Regulation by the SMWP started

  under the Austrian Presidency.

1 Doc. 9522/18 + ADD1-2.

• 4. 

  On 15 February 2019, the Permanent Representatives Committee agreed on a partial

  mandate for negotiations on the ERDF/Cohesion Fund Regulation (ST 6147/19

  ADD 2).

• 5. 

  The Economic and Social Committee and the Committee of the Regions have been

  consulted on the file and have adopted their opinions on 17 October and 5 December

  2018, respectively.

• 6. 

  The European Parliament voted its first reading position on the ERDF/Cohesion Fund

  Regulation on 27 March 2019.

II. STATE OF PLAY

• 7. 

  Since the ERDF/Cohesion Fund Regulation is a proposal linked to the Multiannual

  Financial Framework (MFF), all provisions with budgetary implications or of a

  horizontal nature have been set aside (in square brackets) for the time being - and thus

  excluded from the negotiations - pending further progress on the MFF. This mainly

  concerns Article 3 (Thematic concentration of ERDF support).

• 8. 

  Inter-institutional negotiations on this file started under Finland's Presidency. 4

  technical meetings (14 and 17 October; 21 November; and 5 December) and 1 trilogue

(12 December) with the REGI Committee took place, with the following Articles being

examined:

‒ Articles 1 (Subject matter);

‒ Article 1a (Tasks of the ERDF and the Cohesion Fund - EP amendment);

‒ Article 2 (Specific objectives).

• 9. 

  Work has mainly focused on Article 2 (Specific objectives) of the ERDF/Cohesion

  Fund Regulation, due to its importance for the programming of the funds as well as for

its linkages with the Common Provisions Regulation, in particular the thematic enabling

conditions linked to the ERDF.

• 10. 

  The first trilogue on this file took place on 12 December, focusing on the examination

  of the progress made to date, in particular on Article 2 (Specific objectives). The

preliminary results of the inter-institutional negotiations, from the Presidency's

viewpoint, are annexed to this note.

III. WAY FORWARD

• 11. 

  The Permanent Representatives Committee is invited to take note of the progress made

  on the inter-institutional negotiations on the ERDF/Cohesion Fund Regulation, as

  presented by the Presidency in annex to this note.

ANNEX

EUROPEAN REGIONAL DEVELOPMENT FUND AND COHESION FUND REGULATION

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

TABLE OF CONTENTS Provisional common understanding 1.

2 [… TO BE INSERTED ] [… TO BE INSERTED ]

2 EP position on 3 recitals of broader scope:

Recital (3): Regulation (EU) 2018/XXX of the European Parliament and of the Council [new CPR] sets out common rules applicable to various funds including the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD), the European Maritime and Fisheries Fund ('EMFF'), the Asylum and Migration Fund ('AMIF'), the Internal Security Fund ('ISF') and the Border Management and Visa Instrument ('BMVI') which operate under a common framework ('the Funds'). [Am. 1]

Recital (3a): Member States and the Commission shall ensure the coordination, complementarity and coherence between the European Regional Development Fund (ERDF), the Cohesion Fund (CF), the European Social Development Fund+ (ESF+), the European Maritime and Fisheries Fund (EMFF) and the European Fund for Agricultural Development (EAFRD), so that they can complement each other where this is beneficial for creating successful projects. [Am. 2] Recital (5): Horizontal principles as set out in Article 3 of the Treaty on European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU, should be respected in the implementation of the ERDF and the Cohesion Fund, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the and the European Pillar of Social Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating social and income inequalities, at furthering the fight against poverty, at the preservation and at promoting equality between men and women and integrating the gender perspective, as well as at the creation of quality jobs with attendant rights and at ensuring that the ERDF and the Cohesion Fund promote equal opportunities for all, combating discrimination based on gender, sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should also promote the transition from institutional care to family and community-based care, in particular for those who face multiple discrimination. The Funds should not support actions that contribute to any form of segregation. The objectives of the Investments under ERDF and the Cohesion Fund , in synergy with ESF+, should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the contribute to promoting social inclusion and fighting poverty, and to raising citizens’ quality of the environment as set out in Articles 11 and 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity life in line with the obligations of the internal market, operations benefitting undertakings shall comply with State aid rules as set out

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

CHAPTER I [no change] [no change] Provisional common understanding

Common provisions 2. [No change]

Article 1 [no change] [no change] 3. Subject matter

• 1. 

  This Regulation sets out the [no change] [no change] Provisional common understanding 4. specific objectives and the scope of

support from the European Regional [No change]

Development Fund ('ERDF') with regard to the Investment for jobs and growth goal and the European territorial cooperation goal (Interreg) referred to in Article [4(2)] of

Regulation (EU) 2018/xxxx [new

CPR].

• 2. 

  This Regulation also sets out the [no change] [no change] Provisional common understanding 5. specific objectives and the scope support from the Cohesion Fund with [No change] regard to the Investment for jobs and growth goal ('the Investment for jobs and growth goal') referred to in [point

(a) of Article 4(2)] of Regulation (EU)

2018/xxxx [new CPR].

in Articles 107 and 108 of the TFEU UN Convention on the Rights of Persons with Disabilities and the UN Convention on the Rights of the Child (UNCRC) to contribute to children’s rights. [Am. 3]

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

Amendment 28

Article 1a 6.

Tasks of the ERDF and the 7. Cohesion Fund

The ERDF and the Cohesion 8. Fund (CF) shall contribute to the overall objective of strengthening the Union’s economic, social and territorial cohesion.

The ERDF shall contribute to reducing disparities between the levels of development of the various regions within the Union, and to reducing the backwardness of the least favoured regions including environmental challenges, through sustainable development and structural adjustment of regional economies.

The Cohesion Fund shall contribute to projects in the field of trans-European networks and environment.

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

Article 2 3 [no change] [no change] 9.

Specific objectives for the ERDF and the Cohesion Fund

3 EP position on several recitals linked to Article 2:

Recital (8): In an increasingly interconnected world and in view of the internal and external demographic and migration dynamics, it is clear that Union migration policy requires a common approach that relies on the synergies and complementarities of the different funding instruments. The ERDF must pay more specific attention to demographic change as a key challenge and priority area in devising and implementing programmes. In order to ensure coherent, strong and consistent support for solidarity and responsibility-sharing responsibility as well as sharing efforts between Member States in managing migration, the ERDF should provide support to facilitate the long-term cohesion policy could contribute to integration of processes of refugees and migrants under international protection by adopting an approach aimed at protecting the dignity and rights of them, not least in view of the mutually-reinforcing relationship between integration and local economic growth, especially by providing infrastructure support to cities and local authorities involved in implementing integration policies. [Am. 4] Recital (9): In order to support the efforts of Member States and regions in reducing disparities between levels of development and harmonise different situations of EU regions, facing up to social disparities, new challenges and ensuring inclusive societies and a high level of security for their citizens as well as the prevention of marginalisation and radicalisation, while relying on the synergies and complementarities with other Union policies, investments under the ERDF should contribute to security in areas where there is a need to ensure safe, modern, accessible and secure public spaces and critical infrastructure, such as communication, public transport, and energy and universal, high-quality public services which are vital to address regional and social disparities, promote social cohesion and regional development and encourage enterprises and people to stay in their local area. [Am. 5] Recital (10): In addition, investments under the ERDF should contribute to the development of a comprehensive high-speed digital infrastructure network, throughout the Union, including in rural areas where it is a vital contributor to small and medium-sized enterprises (SMEs), and to promoting clean pollution-free and sustainable multimodal urban mobility with a focus on walking, cycling, public transport and shared mobility. [Am. 6] Recital (10a): Many of the greatest challenges in Europe increasingly affect marginalised Roma communities, who often live in the most disadvantaged microregions which lack safe and accessible drinking water, sewage, electricity, and which do not enjoy transportation possibilities, digital connectivity, renewable energy systems or disaster resilience. Therefore, ERDF-CF shall contribute to improving the living conditions of Roma and fulfilling their true potential as EU citizens, and Member States shall safeguard that the benefits of all the five policy objectives of ERDF-CF will reach the Roma as well. [Am. 7] Recital (12): In order to contribute to an appropriate governance, enforcement, cross-border cooperation and spread of best practices and innovations in the field of smart specialization and circular economy improve the overall administrative capacity of the institutions and governance in the Member States, including at the regional and local levels on the principles of multilevel governance, implementing the programmes under the Investment for jobs and growth goal, it is necessary to enable supporting promote administrative reinforcement measures under all of the of a structural nature in support of all specific objectives. Being based on measurable objectives and notified to citizens and businesses as a means of simplifying and reducing the administrative burden imposed on beneficiaries and managing authorities, it is possible for these measures to strike the right balance between the result-orientation of the policy and the level of checks and controls. [Am. 8]

ANNEX ECOMP.2 EN

• 1. 

  In accordance with the policy [no change] [no change] Provisional common understanding 10.

  Recital (13): In order to encourage and boost cooperation measures, within programmes implemented under the Investment for jobs and growth goal, it is necessary to enhance cooperation measures with partners including those at local and regional level within a given Member State or between different Member States in relation to support provided under all of the specific objectives. Such enhanced cooperation is additional to the cooperation under ETC/Interreg and should in particular support cooperation among structured partnerships with a view to implementing regional strategies as referred to in the Communication from the Commission ‘Strengthening Innovation in Europe's Regions: Strategies for resilient, inclusive and sustainable growth’ 3 . Partners may therefore come from any region in the Union, but may also include cross-border regions and regions which are all covered by European Groupings of Territorial Cooperation, a macro-regional or sea-basin strategy or a combination of the two. [Am. 9] Recital (13a):The future cohesion policy may take adequate consideration of and provide support to the regions of the Union that are most impacted by the consequences of the United Kingdom’s exit from the Union, in particular those that will, as a result, find themselves situated on external sea or land borders of the Union; [Am. 10] Recital (14): The objectives of the ERDF and the Cohesion Fund should be pursued in the framework of sustainable development, notably the highly importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement, 2030 Agenda of the United Nations and the UN Sustainable Development Goals as well as and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Articles 11 and 191(1) of the TFEU, taking into account the polluter pays principle as well as focusing on poverty, inequality and a just transition to a socially and environmentally sustainable economy in a participatory approach in cooperation with relevant public authorities, economic, and social partners as well as civil society organisations. Reflecting the importance of tackling climate change and loss of biodiversity in order to contribute to the financing of necessary actions to be taken at EU, national and local level to fulfil in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, as well as to ensure integrated disaster prevention support linking resilience and risk prevention, preparation and response, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 25 % biodiversity protection by targeting 30 % of the EU budget expenditure supporting climate objectives. The Funds must contribute substantially to the achievement of a circular and low-carbon economy in all territories of the Union and fully incorporating the regional dimension. Operations under the ERDF are expected to contribute 30 % to at least 35 % of the overall financial envelope of the ERDF to climate objectives. Operations under the Cohesion Fund are expected to contribute 37% 40 % of the overall financial envelope of the Cohesion Fund to climate objectives. These percentages should be respected throughout the programming period. Therefore, relevant actions will be identified during the preparation and implementation of these funds, and reassessed in the context of the relevant evaluations and review procedures. These actions and the financial allocation reserved for their implementation are to be included in the national Integrated Energy and Climate Plans in accordance with Annex IV of Regulation (EU)2018/xxxx[new CPR] as well as long-term renovation strategy established under the revised Energv Performance of Building Directive (E) 2018/844 to contribute to the achievement of a decarbonised building stock by 2050, and attached to the Programmes. Specific attention should be paid to carbon-intensive areas facing challenges due to decarbonisation commitments, in view of assisting them in pursuing strategies consistent with the Union’s climate commitment and laid down in the Integrated National Energy and Climate Plans and under the ETS Directive 2018/410 i and to protect workers also through training and reskilling opportunities. [Am. 11] Recital (24 a): Specific attention should be paid to carbon-intensive areas facing challenges due to decarbonisation commitments, in view of assisting them in pursuing strategies consistent with the Union’s climate commitment under the Paris Agreement that protect workers and affected communities alike. Such areas should benefit from dedicated support to prepare and implement plans for decarbonisation of their economies taking into account the need for targeted vocational training and reskilling opportunities for the workforce. [Am. 23]

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

objectives set out in Article [4(1)] of

Regulation (EU) 2018/xxxx[new [No change]

CPR], the ERDF shall support the following specific objectives:

(a) 'a smarter Europe by promoting [no change]

innovative and smart economic Amendment 29 To be agreed in the context of the CPR

11.

transformation' ('PO 1') by: (a) 'a smarter Europe by inter-institutional negotiations.

promoting innovative and, smart and inclusive economic development and transformation, regional connectivity in the area of technologies, developing the information and communication technologies (ICT), connectivity and efficient public administration' ('PO 1') by:

(i) enhancing research and [no change] 12.

innovation capacities and the uptake of Amendment 30

advanced technologies; (i) supporting the development and enhancement of enhancing

research and innovation capacities and, investments and infrastructure, the uptake of advanced technologies and supporting and promoting the clusters for innovation between business, research, academia and public authorities;

(ii) reaping the benefits of [no change] 13.

digitisation for citizens, companies and Amendment 31

governments; (ii) enhancing digital connectivity and reaping the benefits of digitisation for citizens, scientific establishments,

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

companies, and governments and public administration at regional and local level including smart cities and smart villages;

(iii) enhancing growth and

competitiveness of SMEs; Amendment 32

(iii) enhancing growth and 14. competitiveness of SMEs,

(iii) enhancing sustainable including by productive growth and competitiveness of investments; SMEs and providing support for the creation and safeguarding of jobs and support technological upgrade and modernization;

(iv) developing skills for smart [no change] 15.

specialisation, industrial transition and Amendment 33

entrepreneurship; (iv) developing skills and strategies, and building capacities for smart specialisation, just industrial transition and, circular economy, social innovation, entrepreneurship, tourism sector and transition to industry 4.0;

(b) 'a greener, low-carbon Europe (b) 'a greener, low-carbon and

by promoting clean and fair energy Amendment 34 resilient Europe by promoting To be agreed in the context of the CPR

16.

transition, green and blue investment, (b) 'a greener, low-carbon and clean and fair energy transition, inter-institutional negotiations.

the circular economy, climate resilient Europe for all by green and blue investment, the adaptation and risk prevention and promoting clean and fair energy circular economy, climate management ('PO 2') by: transition, green and blue adaptation and risk prevention and

investment, the circular economy, management ('PO 2') by: climate adaptation and risk prevention and management ('PO 2') by:

(i) promoting energy efficiency Amendment 35 (i) promoting energy efficiency 17.

measuresand reducing greenhouse

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

measures; (i) promoting energy efficiency, gas emissions 4 ;

savings and energy poverty measures;

(ii) promoting renewable energy; Amendment 36 (ii) promoting renewable 18.

energy 5 ; (ii) promoting sustainable renewable energy;

(iii) developing smart energy (iii) developing smart energy Provisional common understanding 19.

systems, grids and storage at local Amendment 37 systems, grids and storage at local

level; (iii) developing smart energy leveloutside TEN-E; (iii) developing smart energy systems, systems, grids and storage at local grids and storage at local leveloutside

level; TEN-E;

(iv) promoting climate change [no change] 20.

adaptation, risk prevention and disaster Amendment 38

resilience; (iv) promoting climate change adaptation, risk prevention,

management of and disaster resilience to extreme weather events and natural disasters including earthquakes, forest fires, flooding and drought, taking into account eco-system based approaches;

4 Council position: The following recital will be added:

(9a) Modernisation of district heating networks could be supported with a view to improving energy efficiency of efficient district heating systems, as defined in Directive 2012/27 i/EU, pursuant to objectives laid down in National Energy and Climate Plans.

5 Council position: The following recital will be added:

(9b) With a view to promoting renewable energy, support could be provided for district heating boilers supplied by a combination of gas and renewable energy sources. In such cases support from the Funds should correspond pro-rata to the share of renewable energy input to such boilers.

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

(v) promoting sustainable water

management; Amendment 39

[no change] Provisional common understanding 21.

(v) promoting universal access

to water and sustainable water (v) promoting access to water and management; sustainable water management;

(vi) promoting the transition to a [no change] 22.

circular economy; Amendment 40 Provisional common understanding

(vi) promoting the transition to a circular economy economy and

improving resource efficiency; (vi) promoting the transition to a circular and resource efficient

economy;

Amendment 41 23.

(via) supporting regional transformation processes towards decarbonisation as well as the transition towards low-carbon energy generation

(vii) enhancing biodiversity, green

infrastructure in the urban Amendment 42

(vii) enhancing nature protection 24. and biodiversity, green

environment, and reducing pollution; (vii) protecting and enhancing infrastructure in particular in the biodiversity green infrastructure in urban environment, and reducing the urban environment, and natural pollution;

heritage, preserving and highlighting protected natural areas, natural resources and reducing every form of pollution such as air, water, soil, noise and light pollution;

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

Amendment 43 25.

(viia) enhancing green infrastructure in functional urban areas, developing small-scale multimodal urban mobility as part of a net zero emission economy;

(viii) promoting sustainable 26. multimodal urban mobility;

(c) 'a more connected Europe by [no change]

enhancing mobility and regional ICT Amendment 44 To be agreed in the context of the CPR

27.

connectivity' ('PO 3') by: (c) 'a more connected Europe for inter-institutional negotiations.

all by enhancing mobility' and regional ICT connectivity' ('PO 3') by:

(i) enhancing digital connectivity; Amendment 45 6 [no change] 28.

(i) enhancing digital connectivity;

(ii) developing a sustainable, [no change] 29.

climate resilient, intelligent, secure and Amendment 46

intermodal TEN-T; (ii) developing a sustainable climate resilient, intelligent, secure and sustainable road and railway and intermodal TEN-T and crossborder links focussing on noise reduction measures,

environmentally friendly public transport and rail networks;

6 EP position: N.B. EP amendment 45 will require consequential adjustments to Annex I and Annex II.

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

(iii) developing sustainable, climate (iii) developing and enhancing 30.

resilient, intelligent and intermodal Amendment 47 sustainable, climate resilient,

national, regional and local mobility, (iii) developing sustainable, intelligent and intermodal national, including improved access to TEN-T climate resilient, intelligent and regional and local mobility, and cross-border mobility; intermodal national, regional and including improved access to TEN-

local mobility, including improved T and cross-border mobility; access to TEN-T, and cross-border mobility and environmentally friendly public transport networks;

(iv) promoting sustainable 7 (iv) promoting sustainable 31.

multimodal urban mobility; Amendment 48 multimodal urban mobility;

(iv) promoting sustainable multimodal urban mobility;

(d) 'a more social Europe [no change]

implementing the European Pillar of Amendment 49 To be agreed in the context of the CPR

32.

Social Rights' ('PO 4') by: (d) 'a more social and inclusive inter-institutional negotiations.

Europe implementing the European Pillar of Social Rights’ (‘PO 4’) by:

(i) enhancing the effectiveness of

labour markets and access to quality Amendment 50

[no change] 33.

employment through developing social (i) enhancing the effectiveness innovation and infrastructure; and inclusiveness of labour

markets and access to high quality employment through developing social innovation and infrastructure and promoting the social economy and innovation;

(ii) improving access to inclusive (ii) improving access to inclusive 34.

and quality services in education, Amendment 51 and quality services in education,

7 EP position: N.B. EP amendment 48 will require consequential adjustments to Annex I and Annex II.

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

training and life long learning through training and life longlifelong

developing infrastructure; (ii) improving equal access to inclusive and quality services in learning through developing

education, training and life long infrastructure;

learning and sport through developing accessible infrastructure and services;

Amendment 52 35.

(iia) investment in housing, when owned by public authorities or non-profit operators for use as housing designated for low-income households or people with special needs;

(iii) increasing the socioeconomic

integration of marginalised Amendment 53

[no change] 36.

communities, migrants and (iii) increasing promoting the disadvantaged groups, through socioeconomic integration integrated measures including housing inclusion of marginalised and social services; communities migrants and

disadvantaged and deprived communities such as Roma and disadvantage groups, through integrated meausres actions including housing and social services;

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

Amendment 54 37.

(iiia) promoting long-term socioeconomic integration of refugees and migrants under international protection through integrated actions including housing and social services by providing infrastructure support to cities and local authorities involved;

(iv) ensuring equal access to health [no change] Provisional common understanding 38. care through developing infrastructure, Amendment 55 including primary care; (iv) ensuring equal access to (iv) ensuring equal access to health

health care through developing care through developing infrastructure, health care infrastructure and including primary care and promoting other assets, including primary care the transition from institutional to and preventive measures and family- and community-based care;

advancing the transition from institutional to family- and community-based care;

Provisional common understanding

Amendment 56 39. (iva) providing support for EP AM withdrawn with a suggestion for physical, economic and social a change to the CPR Code 131;

regeneration in deprived

communities; CPR Code 131 amended as follows:

Physical, economic and social regeneration and security of public spaces

(e) 'a Europe closer to citizens by (e) 'a Europe closer to citizens

fostering the sustainable and integrated Amendment 57 by fostering the sustainable and To be agreed in the context of the CPR

40.

development of urban, rural and (e) 'a Europe closer to citizens integrated development of urban, inter-institutional negotiations.

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

coastal areas and local initiatives' by fostering the sustainable and rural and coastal areas and local

('PO 5') by: integrated development of urban, initiatives' all types of territories' rural and coastal and all other areas ('PO 5') by:

and local initiatives' ('PO 5') by:

(i) fostering the integrated social, (i) fostering the integrated 41.

economic and environmental Amendment 58 social, economic and environmental

development, cultural heritage and (i) fostering the integrated and local development, and cultural security in urban areas; inclusive social, economic and heritage 8 , tourism and security in

environmental development, urban areas; culture, natural cultural heritage, sustainable tourism also through the tourist districts, sports and security in urban areas, including functional urban areas;

(ii) fostering the integrated social, (ii) fostering the integrated 42.

economic and environmental local Amendment 59 social, economic and environmental

development, cultural heritage and (ii) fostering the integrated and local development, and cultural security, including for rural and coastal inclusive social, economic and heritage, tourism and security, areas also through community-led environmental local development, including for rural and coastal in local development. cultural culture, natural heritage, areas other than urban areas.

sustainable tourism also through the tourist districts, sports and security, all at local level, including for rural, mountain, islands and coastal regions, isolated and sparsely populated and all other areas also that have difficulty accessing basic services including also on NUTS 3 level, through community-led territorial and

8 Council position: The following recital will be added:

(10a) Investments supporting the creative and cultural industries, cultural services and cultural heritage sites could be financed under any policy objective provided that they contribute to the specific objectives and that they fall within the scope of support from the ERDF.

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

local development strategies, through the forms set out in points (a) (b) and (c) of Article 22 of Regulation (EU) 2018/xxxx [new CPR].

1(bis). Under the two 43.

specific objectives of point (e) of Provisional common understanding

paragraph 1, Member States may

also support operations which 1(bis). Under the two specific can be funded under the specific objectives of point (e) of paragraph 1, objectives set out under points (a) Member States may also support

to (d) of paragraph 1. operations which can be funded under the specific objectives set out under

points (a) to (d) of paragraph 1.

Amendment 60 44.

1a. Enhancing small-scale multimodal urban mobility as referred to in point b (vii a) of this Article, which shall be considered eligible for support if ERDF contribution to the operation shall not exceed EUR 10 000 000.

• 2. 

  The Cohesion Fund shall [no change] 2. The Cohesion Fund shall 45. support PO 2 and specific obejctives support PO 2 and specific under PO 3 set out in points (ii), (iii) obejctives objectives under PO 3 and (iv) of paragraph 1(c). set out in points (ii), and (iii) and

  (iv) of paragraph 1(c).

• 3. 

  With regard to the specific 3. With regard to the specific Provisional common understanding 46. objectives set out in parargraph 1, the Amendment 61 objectives set out in parargraph

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

ERDF or the Cohesion Fund, as

appropriate, may also support activities With regard to achieving the

paragraph 1, the ERDF or the 3. Within regard to the specific

under the Investment for jobs and specific objectives set out in

Cohesion Fund, as appropriate, may objectives set out in parargraph

growth goal, where they either: paragraph 1, the ERDF or the

also support activities under the paragraph 1, the ERDF or the

Cohesion Fund as appropriate, may Investment for jobs and growth Cohesion Fund, as appropriate, may also also support activities under the goal, where they either: support activities under the Investment Investment for jobs and growth for jobs and growth goal, where they goal, where they either: either:

(a) improve the capacity of [no change] 47.

programme authorities, and bodies Amendment 62

linked to the implementation of the (a) improve the capacity of

Funds; programme authorities, and bodies linked to the implementation of the Funds, and support public

authorities, local and regional administrations responsible for implementation of the ERDF and the Cohesion Fund, through specific administrative capacitybuilding plans aimed at localising the Sustainable Development Goals (SDGs), simplifying procedures and cutting implementation time for actions, provided these are structural in nature and the programme itself has measurable objectives;

Amendment 63 48.

Support of capacity-building, referred to point (a) of this Article, may be complemented by additional support from the Reform Support Programme

ANNEX ECOMP.2 EN

Commission proposal European Parliament’s first Council position

COM(2018)372 final i reading (COREPER partial mandate of 15 Compromise proposal, comments Row (27/03/19) February 2019)

established under regulation EU (2018/xxx (Reform Support Programme);

(b) enhance cooperation with [no change] [no change] Provisional common understanding partners both within and outside a [No change]

49.

given Member State.

Cooperation referred to in point (b) [no change] Provisional common understanding 50. shall include cooperation with partners Amendment 64

from cross-border regions, from non Cooperation referred to in point (b) Cooperation referred to in point (b) shall contiguous regions or from regions shall include cooperation with include cooperation with partners from located in the territory covered by a partners from cross-border regions, cross-border regions, from nonmacro-regional or sea-basin strategy or from non-contiguous regions or contiguous regions or from regions a combination thereof. from regions located in the territory located in the territory covered by a

covered by a European Grouping European Grouping of Territorial of Territorial Cooperation, a Cooperation, a macro-regional or seamacro-regional or sea-basin basin strategy or a combination thereof.

strategy or a combination thereof.

Amendment 65 51.

Meaningful participation of regional and local authorities, civil society organisations including beneficiaries in all stages of the preparation, implementation, monitoring and evaluation of the Programmes under ERDF shall be ensured in line with principles, set in the European Code of Conduct on Partnership.

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Article 3 9 10 52.

Thematic concentration of ERDF support

• 1. 

  With regard to programmes 53. implemented under the Investment for jobs and growth goal, the total ERDF resources in each Member State shall be concentrated at national level in accordance with paragraphs 3 and 4.

  9 EP position on two recitals linked to Article 3:

  Recital (17):The ERDF should help to redress the main regional imbalances in the Union and to reduce disparities between the levels of development of the various regions. and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments through

  financial support for the transitional period. It should also foster resilience and prevent vulnerable territories from falling behind. ERDF support under the Investment for jobs and growth goal should therefore be concentrated on key Union priorities in line with policy objectives laid down in Regulation (EU)

  2018/xxx [new CPR]. Therefore support from the ERDF should be concentrated specifically on the policy two objectives of a 'a smarter Europe by promoting innovative, and smart and inclusive economic development and transformation', regional connectivity in the area of technologies, developing the information and communication technologies (ICT), connectivity and efficient public administration and 'a greener, low-carbon and resilient Europe for all by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management' 'while taking account of the overall policy objectives of a more cohesive and solidarity-based Europe helping reduce economic, social and territorial asymmetries. That 'while taking account of the overall policy objectives of a more cohesive and solidarity-based Europe helping reduce economic, social and territorial asymmetries. Said thematic concentration should be attained at national level, while allowing margins for flexibility at the level of individual programmes and between the three groups of Member States formed according to respective gross national income various categories of regions, taking account too of different levels of development. In addition, the methodology to classify the regions Member States should be set out in detail taking into account the specific situation of the outermost regions. [Am. 14] Recital (18) In order to concentrate the support on key Union priorities and in line with the objectives of social, economic and territorial cohesion set out in Article 174 TFEU and the policy objectives laid down in Regulation (EU) 2018/xxx [new CPR], it is also appropriate that thematic concentration requirements should be respected throughout the programming period, including in the case of transfer between priorities within a programme or between programmes. [Am. 16]

  10 Council position: The Council does not have yet a mandate on Article 3 of the ERDF/CF Regulation.

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• 2. 

  With regard to the thematic 54. concentration of support for Member

States comprising outermost regions, the ERDF resources allocated specifically to programmes for the outermost regions and those allocated to all other regions shall be treated separately.

• 3. 

  Member States shall be 55.

classified, in terms of their gross Amendment 66

national income ratio, as follows: Member States Regions at NUTS 2 level shall be classified, in terms of their gross national income

domestic product (GDP) per capita, as follows:

(a) those with a gross national 56.

income ratio equal to or above 100 % Amendment 67

of the EU average ('group 1'); (a) those with a gross national income ratio equal to or GDP per capita above 100 % of the EU

average GDP of the EU27 ('group 1');

(b) those with a gross national 57.

income ratio equal to or above 75 % Amendment 68

and below 100 % of the EU average (b) those with a gross national

('group 2'); income ratio equal to or above 75

% and below GDP per capita between 75 % and 100 % of the EU average GDP of the EU27 ('group 2');

(c) those with a gross national

income ratio below 75 % of the EU Amendment 69

58.

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average ('group 3'). (c) those with a gross national

income ratio below GDP per capita less than 75 % of the EU average GDP of the EU27 average ('group 3').

For the purposes of this Article, the

gross national income ratio means the Amendment 70

59.

ratio between the gross national For the purposes of this Article, the income per capita of a Member State, gross national income ratio means measured in purchasing power classification of a region under standards and calculated on the basis one of the three categories of of Union figures for the period from regions shall be determined on the

2014 to 2016, and the average gross basis of the ratio between the gross national income per capita in national income domestic product purchasing power standards of the 27 per capita of a Member State each

Member States for that same reference region, measured in purchasing period. power standards (PPS) and

calculated on the basis of Union figures for the period from 2014 to 2016, and the average gross national income per capita in purchasing power standards GDP of the 27 Member States EU27 for that same reference period.

With regard to programmes under the 60.

Investment for Jobs and growth goal for the outermost regions, they shall be classified as falling within group 3.

• 4. 

  Member States shall comply 61. with the following thematic concentration requirements:

(a) Member States of group 1 shall Amendment 71 62.

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allocate at least 85 % of their total

ERDF resources under priorities other (a) Member States of For the than for technical assistance to PO 1 more developed regions category

and PO 2, and at least 60 % to PO 1; (group 1) they shall allocate at least 85 % of their total ERDF resources

under priorities other than for technical assistance to PO 1 and PO 2, and at least 60 % to PO 1;

Amendment 72 63.

(i) at least 50 % of total ERDF resources at national level to PO 1; and

Amendment 73 64.

(ii) at least 30 % of total ERDF resources at national level to PO 2.

(b) Member States of group 2 shall 65.

allocate at least 45 % of their total Amendment 74

ERDF resources under priorities other (b) Member States of For the than for technical assistance to PO 1, transition regions category (group and at least 30 % to PO 2; 2) they shall allocate at least 45 %

of their total ERDF resources under priorities other than for technical assistance to PO 1, and at least 30 % to PO 2;

Amendment 75 66.

(i) at least 40 % of total ERDF resources at national level to PO 1 and

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Amendment 76 67.

(ii) at least 30 % of total ERDF resources at national level to PO 2.

(c) Member States of group 3 shall 68.

allocate at least 35 % of their total Amendment 77

ERDF resources under priorities other (c) Member States of For the than for technical assistance to PO 1, less developed regions category and at least 30 % to PO 2. (group 3) they shall allocate at least

35 % of their total ERDF resources under priorities other than for technical assistance to PO 1, and at least 30 % to PO 2.:

Amendment 78 69.

(i) at least 30 % of total ERDF resources at national level to PO 1 and

Amendment 79 70.

(ii) at least 30 % of total ERDF resources at national level to PO 2.

Amendment 80 71.

4a. In duly justified cases, the Member State concerned may request that the concentration level for resources at regional category level be decreased by no

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Commission proposal European Parliament’s first Council position

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more than 5 percentage points, or 10 percentage points in the cases of outermost regions, for the thematic objective determined in accordance with Article 3(4)(a)(i), Article 3(4)(b)(i) and Article 3(4)(c)(i) [new ERDF-Cohesion Fund].

• 5. 

  The thematic concentration [no change] 72. requirements set out in paragraph 4 shall be complied with throughout the entire programming period, including when ERDF allocations are transferred between priorities of a programme or between programmes and at the midterm review in accordance with Article

[14] of Regulation (EU)

2018/xxxx [new CPR].

• 6. 

  Where the ERDF allocation with 73.

regard to PO 1 or PO 2 or both of a Amendment 81

given programme is reduced following 6. Where the ERDF allocation a decommitment under Article [99] of with regard to concerning PO 1 or

Regulation (EU) 2018/xxxx [new PO 2, the main policy objectives, or

CPR], or due to financial corrections both of a given programme is by the Commission in accordance with reduced following a decommitment

Article [98] of that Regulation, under Article [99] of Regulation compliance with the thematic (EU) 2018/xxxx [new CPR], or due concentration requirement set out in to financial corrections by the paragraph 4 shall not be re-assessed. Commission in accordance with

Article [98] of that Regulation, compliance with the thematic concentration requirement set out in paragraph 4 shall not be reassessed.

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Commission proposal European Parliament’s first Council position

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Article 4 11 [no change] [no change] 74.

Scope of support from the ERDF

• 1. 

  The ERDF shall support the [no change] [no change] 75. following:

(a) investments in infrastructure; [no change] [no change] 76.

Amendment 83 and 191/rev 77.

(aa) investments in research, development and innovation (R&D&I);

11 EP position on two recitals linked to Article 4:

Recital (15): In order to enable the ERDF to provide support under ETC/Interreg in terms of both investments in infrastructure and the associated investments, training and integration activities, for the improvement and development of administrative skills and competences, it is necessary to provide that the ERDF may also provide support for activities under the specific objectives of the ESF+, set up under Regulation (EU) 2018/XXX of the European Parliament and of the Council [new ESF+] 11 . [Am. 12] Recital (16): In order to concentrate the use of limited resources in the most efficient way, the support given to by the ERDF to productive investments under the relevant specific objective, should be limited directed to only micro, small and medium-sized enterprises ('SMEs') within the meaning of Commission Recommendation 2003/361/EC 11 , except where investments involve cooperation with SMEs in research and innovation activities and to enterprises other than SMEs, without prejudice to jobs related to the same or similar activity in other European regions, within the meaning of Article 60 of Regulation (EU) .../...[new CPR]. [Am. 190/rev] Recital (19): This Regulation should set out the different types of activities the costs of which may be supported by means of investments from the ERDF and the Cohesion Fund, under their respective objectives as set out in the TFEU including crowdfunding. The Cohesion Fund should be able to support investments in the environment and in TEN-T. With regard to the ERDF, the list of activities should take into account specific national and regional development needs as well as endogenous potential and be simplified and it should be able to support investments in infrastructure, including research and innovation infrastructure and facilities, cultural and heritage infrastructure, sustainable tourism infrastructure also through the tourist districts, services to enterprises, as well as investments in housing, investments in relation to access to services with a particular focus on disadvantaged, marginalised and segregated communities, productive investments in SME's, equipment, software and intangible assets, incentives during the transition period of regions in the process of decarbonisation, as well as measures with regard to information, communication, studies, networking, cooperation, exchange of experiences between partners and activities involving clusters. In order to support the programme implementation, both funds should also be able to support technical assistance activities. Finally, in order to support provide for a broader range of interventions for Interreg programmes, the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the ESF+. [AM 18]

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(b) investments in access to [no change] [no change] 78. services;

(c) productive investments in Amendments 84 and 192/rev (c) productive investments in 79.

SMEs; SMEs; 12

(c) productive investments and investments which help to safeguard existing jobs and create new jobs in SMEs and any support in SMEs in the form of grants and financial instruments;

(d) equipment, software and [no change] (d) equipment, software and 80. intangible assets; intangible assets;

(d)bis networking, cooperation, 81.

exchange of experience and Provisional common understanding

activities involving clusters; (d) bis networking, cooperation, exchange of experience and activities involving innovation clusters including between businesses, research organisations and public authorities;

12 Council position: N.B. Recital 19 will be amended as follows: (19) This Regulation should set out the different types of activities the costs of which may be supported by means of investments from the ERDF and the Cohesion Fund, under their respective objectives as set out in the TFEU. The Cohesion Fund should be able to support investments in the environment and in TEN-T. With regard to the ERDF, the list of activities should be simplified and it should be able to support investments in infrastructure, investments in relation to access to services, productive investments in SME's, equipment, software and intangible assets, as well as measures with regard to information, communication, studies, networking, cooperation, exchange of experiences and activities involving clusters. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises, in view of producing goods and services thereby contributing to gross capital formation and employment. In order to support the programme implementation, both funds should also be able to support technical assistance activities. Finally, in order to support provide for a broader range of interventions for Interreg programmes, the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the ESF+.

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CPR Annex I – Code 019

019 Support for Iinnovation clusters support including between businesses, research organisations and public authorities and business networks primarly benefiting SMEs

(e) information, communication, [no change] (e) information, communication, 82. studies, networking, cooperation, and studies ,networking, exchange of experience and activities cooperation, exchange of involving clusters; experience and activities involving

clusters;

(f) technical assistance. [no change] [no change] 83.

In addition, productive investments in In addition, productive investments 84.

enterprises other than SMEs can be Amendment 193/rev in enterprises other than SMEs can

supported when they involve In addition, Productive investments be supported: cooperation with SMEs in research and in enterprises other than SMEs can innovation activities supported under be supported when they involve - through financial instruments; point (a)(i) of Article 2 (1). cooperation with SMEs or business

infrastructure that benefits SMEs. - when they involve cooperation with SMEs in research and

In addition, productive innovation activities supported investments in enterprises other under point (a)(i) of Article 2 (1).; than SMEs can also be supported in research and innovation activities - when primarily supporting supported under point (a)(i) of energy efficiency measures and Article 2 (1) and in energy renewable energy under point efficiency and renewable energy (b)(i) and (ii) of Article 2(1). activities under points (b)(i)and (ii) of Article 2 (1) respectively, in

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accordance with point (a) of Article 59(1) and Article 60 of Regulation (EU) .../...[new CPR].

Productive investments in small

mid-cap companies as defined in 85.

Article 2(6) of Regulation (EU) No 2015/1017 of the European Parliament and the Council 13 can also be supported in research and innovation activities supported under point (a)(i) of Article 2(1).

In order to contribute to the specific Amendments 87 and 194/rev [no change] 86.

objective under PO 1 set out in point In order to contribute to the specific

(a) (iv) of Article 2(1), the ERDF shall objective under PO 1 set out in also support training, life long learning point (a) (iv) of Article 2(1), the and education activities. ERDF shall also support training,

mentoring, life long learning, reskilling and education activities.

• 2. 

  Under the European territorial [no change] [no change] 87.

cooperation goal (Interreg), the ERDF may also support:

(a) sharing of facilities and of [no change] [no change] 88. human resources;

(b) accompanying soft investments [no change] [no change] 89. and other activities linked to PO 4 under the European Social Fund Plus as set out in Regulation (EU)

2018/xxxx [new ESF+].

13 Regulation (EU) No 2015/1017 of the European Parliament and the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 i and (EU) No 1316/2013 — the European Fund for Strategic Investments.

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Article 5 14 [no change] [no change] 90.

Scope of support from the Cohesion Fund

• 1. 

  The Cohesion Fund shall [no change] [no change] 91. support the following:

(a) investments in the environment, [no change] 92.

including investments related to Amendment 88

sustainable development and energy (a) investments in the presenting environmental benefits; environment, including investments

related to circular economy, sustainable development and renewable energy presenting environmental benefits;

(b) investments in TEN-T; Amendment 89 [no change] 93.

(b) investments in TEN-T core and comprehensive network;

(c) technical assistance. Amendment 90 [no change] 94.

(c) technical assistance, including improvement and development of administrative skills and competences of local authorities in managing these

14 EP position on Recital (20):Trans-European transport networks projects in accordance with Regulation (EU) No 1316/2013 i No1316/2013 shall continue to be financed from the Cohesion Fund, including tackling the missing links and bottlenecks, in a balanced manner as well as including for improving the safety of existing bridges and

tunnels via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). These networks must boost public services in rural areas, especially in sparsely populated areas and in areas with largely ageing populations, in order to foster interconnectivity between cities and the countryside, promote rural development, bridge the digital divide. [Am. 19]

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funds.

Amendment 91 95.

(ca) information, communication, studies, networking, cooperation, exchange of experience and activities involving clusters;

Member States shall ensure an [no change] 96.

appropriate balance between Amendment 92

investments under points (a) and (b). Member States shall ensure an

appropriate balance between investments under points (a) and (b), based on the investments and specific requirements of each Member State.

• 2. 

  The amount of the Cohesion

Fund transferred to the Connecting Amendment 93

[no change] 97.

Europe Facility 15 shall be used for 2. The amount of the Cohesion

TEN-T projects. Fund transferred to the Connecting

Europe Facility 23 shall be proportional and shall be used for TEN-T projects.

15 Reference.

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Article 6 16 [no change] [no change] 98.

Exclusion from the scope of the ERDF and the Cohesion Fund

• 1. 

  The ERDF and the Cohesion [no change] [no change] 99.

Fund shall not support:

(a) the decommissioning or the [no change] [no change] 100. construction of nuclear power stations;

(b) investment to achieve the [no change] [no change] 101. reduction of greenhouse gas emissions from activities listed in Annex I to

Directive 2003/87/EC i of the European

Parliament and of the Council 17 ;

(c) the manufacturing, processing [no change] [no change] 102. and marketing of tobacco and tobacco products;

(d) undertakings in difficulty, as [no change] (d) undertakings in difficulty, as 103. defined in point 18 of Article 2 of defined in point 18 of Article 2 of Commission Regulation (EU) Commission Regulation (EU) No No 651/2014 i 18 ; 651/2014;

16 EP position on Recital (21): At the same time, it is important to identify synergies on the one hand and clarify those activities which fall outside the scope of the ERDF and the Cohesion Fund, including investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to

Directive 2003/87/EC i of the European Parliament and of the Council 16 on the other hand; this in order to multiplication effects or avoid duplication of available financing, which already exists as part of that Directive. In addition, it should be explicitly set out that the overseas countries and territories listed in Annex II of the TFEU are not eligible for support from the ERDF and the Cohesion Fund. [Am. 20]

17 Directive 2003/87/EC i of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC i.

18 Commission Regulation (EU) No 651/2014 i of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).

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(e) investment in airport (e) investment in airport 104.

infrastructure except for outermost Amendment 94 infrastructure, except for:

regions; (e) investment in new regional airport and in airport infrastructure, except for:

Amendment 95 105.

(ea) investment related to outermost regions;

Amendment 96 106.

(eb) support linked to core TEN-T networks;

Amendment 97 107.

(ec) Investment related to emvironmental protection and aimed to mitigate or reduce its negative environmental impact.

(i) investment in security, safety 108. and air traffic management systems, in particular those resulting from the SESAR system, for existing airports;

(ii) in outermost regions; 109.

(f) investment in disposal of waste (f) investments in increasing the 110.

in landfill; Amendment 98 capacities for disposal of waste in

(f) investment in disposal of landfill; waste in landfill, except in the outermost regions and for support

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for decommissioning, reconverting or making safe existing facilities and without prejudice to Article 4(2) of Directive (EU) 2008/98 of the European Parliament and of

the Council 19 ;

(g) investment in facilities for the (g) investments increasing the 111.

treatment of residual waste; Amendment 99 capacities in facilities for the

(g) investment in facilities for treatment of residual waste; 20

the treatment of residual waste with the exception of outermost regions and in case of state-of-the-art recycling solutions in line with the principles of the circular economy and the waste hierarchy fully respecting the targets laid down in Art 11(2) of Directive (EU) 2008/98 and provided that Member States have established their waste management plans according to Art. 29 of Directive (EU) 2018/851. Residual waste should be understood as primarily non separately collected municipal waste and rejects from waste treatment;

(h) investment related to (h) investment related to 112.

production, processing, distribution, Amendment 100 production, processing, distribution,

storage or combustion of fossil fuels, (h) investment related to storage or combustion of fossil

19 Directive 2008/98/EC i of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

20 Council position: N.B: As regards Article 6(g), the following sentence will be inserted in a recital of the ERDF/CF Regulation: "Residual waste should be understood as primarily non separately collected municipal waste and rejects from waste treatment".

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with the exception of investment production, processing, transport, fuels, with the exception of related to clean vehicles as defined in distribution, storage or combustion investment related to clean vehicles Article 4 of Directive 2009/33/EC i of of fossil fuels; with the exception of as defined in Article 4 of Directive the European Parliament and of the investment: related to clean 2009/33/EC of the European Council 21 ; vehicles as defined in Article 4 of Parliament and of the Council;:

Directive 2009/33/EC i of the European Parliament and of the Council 26 ;

(i) the replacement of coal-based 113. heating systems by gas-based heating systems for climate mitigation purposes;

(ii) investment in the distribution 114. and transport of natural gas substituting coal.

The total EU investment in (i) 115. and (ii) shall not exceed an overall amount of 1% of the total programmes allocation from the ERDF and Cohesion fund under the Investment for jobs and growth goal for the Member State concerned;

(iii) investment related to clean 116. vehicles as defined in [the recast of Directive 2009/33/EC i of the

21 Directive 2009/33/EC i of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5).

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European Parliament and of the Council 22 ];

Amendment 101 117.

1a. The exceptions mentioned in point h shall be limited to an amount up to 1 % of the total ERDF-CF resources at national level.

(i) investment in broadband (i) investment in broadband 118.

infrastructure in areas in which there Amendment 102 infrastructure in areas in which

are at least two broadband networks of (i) investment in broadband there are at least two broadband equivalent category; infrastructure in areas in which networks of equivalent category

there are at least two broadband one Very High Capacity networks of equivalent Network; category;deleted

(j) funding for the purchase of [no change] 119.

rolling stock for use in rail transport, Amendments 103

except if it is linked to the: (j) funding for the purchase of rolling stock for use in rail

transport, except if it is linked to the:

(i) discharge of a publicly tendered (i) discharge of a publicly tendered (i) discharge of a publicly 120. public service obligation under public service obligation under tendered public service obligation Regulation 1370/2007 i as amended; Regulation 1370/2007 i as amended; and public service contracts

under direct award, in accordance with the provisions under Regulation 1370/2007 i as

22 Directive 2009/33/EC i of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5).

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amended;

(ii) provision of rail transport services (ii) provision of rail transport (ii) provision of rail transport 121. on lines fully opened to competition, services on lines fully opened to services on lines fully opened to and the beneficiary is a new entrant competition, and the beneficiary is competition, and the beneficiary is eligible for funding under Regulation a new entrant eligible for funding a new entrant eligible for funding (EU) 2018/xxxx [Invest EU under Regulation (EU) under Regulation (EU) regulation]. 2018/xxxx [Invest EU regulation]. 2018/xxxx [Invest EU regulation]..

Amendment 104 122.

(ja) investments in the construction of institutional care facilities that segregate or infringe on personal choice and independence;

1a. With regard to operations 123. falling under Article 111 of Regulation No …/… [CPR] point (g) shall not apply.

• 2. 

  In addition, the Cohesion Fund [no change] 124.

shall not support investment in housing Amendment 105

unless related to the promotion of 2. In addition, the Cohesion energy efficiency or renewable energy Fund shall not support investment use. in housing unless related to the

promotion of energy and resource efficiency or renewable energy use and accessible living conditions for older people and persons with disabilities and seismic retrofitting.

• 3. 

  Overseas countries and [no change] [no change] 125. territories shall not be eligible for support from the ERDF or the

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Cohesion Fund, but may participate in

Interreg programmes in accordance with the conditions set out in

Regulation (EU) 2018/xxxx [ETC

(Interreg].

Amendment 106 126.

Article 6 a

Partnership

• 1. 

  Each Member State shall ensure the meaningful and inclusive participation of social partners, civil society organisations and service users in the management, programming, delivery, monitoring and evaluation of activities and policies supported by the ERDF and the Cohesion Fund under shared management, according to Article 6 of the proposed CPR Regulation “Commission Delegated Regulation (EU) No 240/2014 i.

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Article 7 23 [no change] [no change] 127.

Indicators

• 1. 

  Common output and result [no change] 128.

indicators, as set out in the Annex I Amendment 107

with regard to the ERDF and to the 1. Common output and result

Cohesion Fund, and, where necessary, indicators, as set out and defined in programme-specific output and result the Annex I with regard to the indicators shall be used in accordance ERDF and to the Cohesion Fund, with point (a) of the second and, where relevant, programmesubparagraph of Article [12(1)], point specific output and result indicators

(d)(ii) of Article [17(3)] and point (b) shall be used in accordance with of Article [37(2)] of Regulation (EU) point (a) of the second

2018/xxxx [new CPR]. subparagraph of Article [12(1)],

point (d)(ii) of Article [17(3)] and point (b) of Article [37(2)] of Regulation (EU) 2018/xxxx [new CPR].

• 2. 

  For output indicators, baselines [no change] [no change] 129. shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative.

• 3. 

  In compliance with its reporting [no change] 3. In compliance with its 130. requirement pursuant to Article reporting requirement pursuant to [38(3)(e)(i)] of the Financial Article [3841(3)(e)(ih)] of the Regulation, the Commission shall Financial Regulation, the present to the European Parliament and Commission shall present to the the Council information on European Parliament and the

  23 EP position on Recital (23): Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative

  burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground. [Am. 21]

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performance in accordance with Annex Council information on

II. performance in accordance with

Annex II.

• 4. 

  The Commission is empowered [no change] 4. The Commission is 131. to adopt delegated acts in accordance empowered to adopt delegated acts with Article 13 to amend Annex I in in accordance with Article 13 to order to make the necessary amend Annex I in order to make the adjustments to the list of indicators to necessary adjustments to the list of be used by Member States and to indicators to be used by Member amend Annex II in order to make the States and to amend Annex II in necessary adjustments to the order to make the necessary information on performance to be adjustments to the information on provided to the European Parliament performance to be provided to the and the Council. European Parliament and the

Council.

Amendment 108 24 132.

4a. Member States may make a duly justified request for further flexibility within the current framework of Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments activated as part of ERDF and CF. When defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact, the

24 EP position on (Recital 17a): In order to ensure the strategic importance of investments co-financed by the ERDF and CF, Members States could make

a duly justified request for further flexibility within the current framework of Stability and Growth Pact for the public or equivalent structural expenditure. [Am. 15]

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Commission shall carefully assess this request in a manner reflecting the strategic importance of investments co-financed by the ERDF and CF.

CHAPTER II [no change] CHAPTER II 133. Specific provisions on the treatment Specific provisions on the treatment

of particular territorial features of particular territorial features and Interregional Innovation

Investments

Article 8 25 [no change] Article 8 134.

Integrated territorial development Integrated territorial development

• 1. 

  The ERDF may support 1. The ERDF may support 135.

integrated territorial development Amendment 109 integrated territorial development

within programmes under both goals 1. The ERDF may shall support within programmes under both referred to in Article 4(2) of integrated territorial development goals referred to in Article 4(2) of

25 EP position on two recitals linked to Article 8: Recital (24): In order to maximise the contribution to territorial development, and to address more effectively economic, demographic, environmental and social challenges, as envisaged in Article 174 TFEU, in areas with natural or demographic disadvantages

including ageing, rural desertification and demographic decline but also demographic pressure or where it is difficult to access basic services, actions in this field should be based on programmes, axes or integrated territorial strategies including in urban areas and rural communities. These actions should be

the two sides of the same coin, based on both the central urban hubs and their surroundings as well as the more remote rural. These strategies may also benefit from a multifund and integrated approach involving the ERDF, ESF+, EMFF and EAFRD. A minimum target of 5% of ERDF resources should be earmarked at national level for integrated territorial development. Therefore, the ERDF support should be delivered through the forms set out in Article 22 of Regulation (EU) 2018/xxxx [new CPR] ensuring appropriate involvement of local, regional and urban authorities, economic and social partners and representatives of civil society and non-governmental organisations. [Am. 22] Recital (29): Since the objective of this Regulation, namely to reinforce economic, social and territorial cohesion by redressing the main regional imbalances in the Union through citizens oriented approach aimed at supporting community led development and fostering active citizenship, cannot be sufficiently achieved by the Member States but can rather, by reason of the extent of the disparities between the levels of development of the various regions and the backwardness of the least favoured regions and the limit on the financial resources of the Member States and regions, 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 that objective. [Am. 27]

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Regulation (EU) 2018/xxxx [new within programmes under both Regulation (EU) 2018/xxxx [new

CPR] in accordance with Chapter II of goals referred to in Article 4(2) of CPR] in accordance with Chapter II

Title III of that Regulation[new CPR]. Regulation (EU) 2018/xxxx [new of Title III of that Regulation[new

CPR] in accordance with Chapter II CPR]. of Title III of that Regulation[new CPR].

Amendment 110 136.

1a. At least 5% of the ERDF resources available at national level under the Investment for jobs and growth goal, other than for technical assistance, shall be allocated to integrated territorial development in non-urban areas with natural, geographic or demographic handicaps or disadvantages or which have difficulty accessing basic services. Out of this amount, at least 17,5 % shall be allocated to rural areas and communities taking into account provisions of a Smart Villages Pact to develop projects such as smart villages.

• 2. 

  Member States shall implement 2. Member States shall 137.

integrated territorial development, Amendment 111 implement integrated territorial

supported by the ERDF, exclusively 2. Member States shall development, supported by the through the forms referred to in implement integrated territorial ERDF, exclusively through the

Article [22] of Regulation (EU) development, supported by the forms referred to in Article [22] of

2018/xxxx [new CPR]. ERDF, exclusively through a Regulation (EU) 2018/xxxx [new specific axis or programme or CPR].

through the other forms referred to in Article [22] of Regulation (EU) 2018/xxxx [new CPR], and may

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benefit from a multifund and integrated approach involving the ERDF, ESF+, EMFF and EAFRD.

Article 9 26 [no change] [no change] 138. Sustainable urban development

• 1. 

  The ERDF shall support 1. The ERDF shall support 139.

integrated territorial development Amendment 112 integrated territorial development

based on territorial strategies in

accordance with Article [23] of 1. To address economic,

based on territorial strategies in

Regulation (EU) 2018/xxxx [new environmental, climate,

accordance with Article [23] of

CPR] focused on urban areas demographic and social

Regulation (EU) 2018/xxxx [new

('sustainable urban development') challenges, the ERDF shall support

CPR] focused on urban areas

within programmes under both goals integrated territorial development

('sustainable urban development')

referred to in Article 4(2) of that based on territorial strategies in

within programmes under both

Regulation. accordance with Article [23] of

goals referred to in Article 4(2) of

Regulation (EU) 2018/xxxx [new that Regulation.

CPR], which may also benefit from a multifund and integrated approach involving the ERDF and the ESF+, and focused on functional urban areas ('sustainable urban development') within

26 EP position on (Recital 25): Within the framework of sustainable urban development, it is considered necessary to support integrated territorial development in order to more effectively tackle the economic, environmental, climate, demographic, technology and social and cultural challenges affecting urban areas, including functional urban areas and rural communities, while taking into account the need to promote urban-rural linkages, including through peri-urban areas where appropriate. The principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented, and the indicative amounts for those actions, should be set out in the programmes under the Investment for jobs and growth goal with . Said actions may also

benefit from a multifund and integrated approach involving the ERDF, ESF+, EMFF and the EAFRD. A minimum target of 6 % 10%of the ERDF resources allocated should be earmarked at national level for that purpose the sustainable urban development priority. It should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes, including at the mid-term review. [Am. 24]

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programmes under both goals referred to in Article 4(2) of that Regulation.

• 2. 

  At least 6% of the ERDF 21. At least 6% of the ERDF 140.

resources at national level under the Amendment 113 resources at national level under the

Investment for jobs and growth goal, At least 6% 10% of the ERDF Investment for jobs and growth other than for technical assistance, resources at national level under the goal, other than for technical shall be allocated to sustainable urban Investment for jobs and growth assistance, shall be allocated to development in the form of goal, other than for technical sustainable urban development in community-led local development, assistance, shall be allocated to one or more of the forms of integrated territorial investments or sustainable urban development in community-led local development, another territorial tool under PO5. the form of a specific programme, integrated territorial investments or

a specific priority axis, communityanother territorial tool under PO5. led local development, integrated referred to in Article [22] of territorial investments or another Regulation (EU) 2018/xxxx [new other territorial tools, as set out in CPR]. point (c) of Article 22 of Regulation (EU) 2018/xxxx (new CPR). The ‘urban authorities’ referred to in Article 6 of Regulation (EU) 2018/XXXX [new CPR] shall be empowered to choose the measures and projects involved. Operations carried out under POs other than PO5 may, if consistent, contribute to reaching the 10% minimum threshold for sustainable urban development. Investments made under PO5 (i) should count as contributing to this earmarking of 10%, as well as operations carried out under other POs, if consistent with sustainable urban development.

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Commission proposal European Parliament’s first Council position

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The programme or programmes [no change] The programme or programmes 141. concerned shall set out the planned concerned shall set out the planned amounts for this purpose under point amounts for this purpose under

(d)(vii) of Article [17(3)] of point (d)(viic) of Article [17(3)] of

Regulation (EU) 2018/xxxx [new Regulation (EU) 2018/xxxx [new

CPR]. CPR].

• 3. 

  The percentage allocated to [no change] 32. The percentage allocated to 142. sustainable urban development under sustainable urban development paragraph 2 shall be complied with under paragraph 21 shall be throughout the entire programming complied with throughout the entire period when ERDF allocations are programming period when ERDF transferred between priorities of a allocations are transferred between programme or between programmes, priorities of a programme or including at the mid-term review in between programmes, including at accordance with Article [14] of the mid-term review in accordance

Regulation (EU) 2018/xxxx [new with Article [14] of Regulation

CPR]. (EU) 2018/xxxx [new CPR].

• 4. 

  Where the ERDF allocation is [no change] 3. Where the ERDF allocation 143. reduced following a decommitment is reduced following a under Article [99] of Regulation (EU) decommitment under Article [99]

No [new CPR], or due to financial of Regulation (EU) No [new CPR], corrections by the Commission in or due to financial corrections by accordance with Article [98] of that the Commission in accordance with

Regulation, compliance with paragraph Article [98] of that Regulation,

2 shall not be re-assessed. compliance with paragraph 21 shall not be re-assessed.

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Commission proposal European Parliament’s first Council position

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Article 10 27 [no change] 28 [no change] 144.

European Urban Initiative

• 1. 

  The ERDF shall also support the [no change] [no change]

European Urban Initiative, implemented by the Commission in direct and indirect management.

This initiative shall cover all urban This initiative shall cover all urban 145.

areas and shall support the Urban Amendment 114 areas and shall support the Urban

Agenda of the Union. This initiative shall cover all Agenda offor the UnionEU. functional urban areas and shall

support the partnerships and organisational costs of the Urban Agenda of the Union. Local authorities should be actively involved in establishing and implementing the European Urban Initiative.

• 2. 

  The European Urban Initiative [no change] 2. The European Urban 146. shall consist of the following three Initiative shall consist of the strands, all with regard to sustainable following threetwo strands, all with urban development: regard to sustainable urban

development:

27 EP position on (Recital 26): In order to identify or provide solutions which address issues relating to sustainable urban development at Union level, the Urban

Innovative Actions in the area of sustainable urban development should be replaced by continued and developed into a European Urban Initiative, to be implemented under direct or indirect management. That initiative should cover all urban areas and support the Urban Agenda for the European Union 27 aiming to stimulate growth, liveability and innovation and to identify and successfully tackle social challenges. [Am. 25]

28 Council position: N.B.: The Council mandate for the ERDF/CF Regulation foresees the URBACT programme to be moved from the ERDF/CF Regulation to

the Interreg Regulation, in order to ensure continuity with the current programming period. Therefore, the Interreg Regulation is amended accordingly, in line with the formulation of current Article 7(1)(c)(i) of Regulation (EU) No 1299/2013 i (current ETC Regulation).

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(a) support of capacity-building; Amendment 115 (a) support of capacity-building; 147.

(a) support of capacity-building, including actions of exchange for regional and local representatives at subnational level;

(b) support of innovative actions; Amendment 116 (a) (b)support of innovative 148.

actions; (b) support of innovative actions which may receive additional cofunding for regulation (EU)

2018/xxx (European Agricultural Fund for Rural Development) and be provided jointly with the European Network for Rural Development in particular with regard to rural and urban links and projects supporting the development of urban and functional urban areas;

(c) support of knowledge, policy Amendment 117 (b) support of capacity and 149. development and communication. knowledge building, policy

(c) support of knowledge, development and communication. territorial impact assessments, policy development and communication.

Upon request from one or more

Member States, the European Urban Amendment 118

[no change] 150.

Initiative may also support inter Upon request from one or more governmental cooperation on urban Member States, the European matters. Urban Initiative may also support

inter-governmental cooperation on urban matters such as the

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reference framework on sustainable cities, the territorial agenda of the European Union and the adjustment of the UN Sustainable Development Goals to the local level circumstances.

Amendment 119 151.

The Commission shall submit an annual report to the European Parliament on developments in connection with the European Urban Initiative.

• 3. 

  The governance model of 152. the European Urban Initiative shall include the involvement of Member States, regional authorities and cities and shall ensure appropriate coordination and complementarities with the dedicated programme under Article XX of [Interreg Regulation] dealing with sustainable urban development.

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Commission proposal European Parliament’s first Council position

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Amendment 120 153.

Article 10a 29

Areas facing natural or demographic handicaps and

challenges

• 1. 

  In programmes that are co-funded by the ERDF and cover areas facing severe and permanent natural or demographic handicaps and challenges such as those referred to in Article 174 TFEU, special attention shall be paid to addressing the challenges faced by those areas.

In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density of below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average population decrease of more than1% between 2007 and 2017

29 EP position on Recital (18a): The ERDF should address the problems of accessibility to, and remoteness from, large markets, faced by areas with an

extremely low population density, as referred to in Protocol No 6 on special provisions for Objective 6 in the framework of the Structural Funds in Finland and Sweden to the 1994 Act of Accession. The ERDF should also address the specific difficulties encountered by certain islands, border regions, mountain regions and sparsely populated areas, the geographical situation of which slows down their development, with a view to supporting their sustainable development. [Am. 17]

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Commission proposal European Parliament’s first Council position

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shall be subject to specific regional and national plans to enhance attractiveness, increase business investment and boost the accessibility of digital and public services, including a fund in the cooperation agreement. A dedicated funding may be earmarked in the Partnership Agreement.

Article 10bis 154.

Interregional Innovation 155. Investments

• 1. 

  The ERDF shall support 156. the Interregional Innovation Investments Instrument, implemented by the Commission under direct and indirect management.

• 2. 

  The Interregional 157. Innovation Investments Instrument shall support the commercialisation and scaling up of interregional innovation projects having the potential to encourage the development of European value chains.

• 3. 

  The Interregional 158. Innovation Investments Instrument shall cover the entire territory of the Union. [Third countries can be covered by this

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instrument in line with the arrangements foreseen in Article XXX of the [Horizon Europe programme]].

• 4. 

  The Interregional 159. Innovation Investments Instrument shall consist of the following two strands:

(a) Financial and advisory 160. support for investments in interregional innovation projects;

(b) Financial and advisory 161. support for the development of value chains in less developed regions.

• 5. 

  The governance model of 162. the Interregional Innovation Investments Instrument shall include the set-up of a dedicated expert group composed of representatives from Member States, regional authorities and cities, representatives of business, research and civil society bodies. The expert group shall support the Commission in defining a long-term work programme and in preparing calls for proposals.

• 6. 

  The governance model 163. shall also ensure appropriate coordination and complementarities with ERDF

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programmes under the Investment for jobs and growth goal, as well as with Interreg programmes, in particular under strand 'Interreg C' as defined in Article XX of [Interreg

30

Regulation] .

Article 11 31 [no change] [no change] 164. Outermost regions

• 1. 

  The specific additional

allocation for the outermost regions Amendment 121

• 1. 

  The specific additional 165. allocation for the outermost regions

shall be used to offset the additional

costs incurred in these regions as a 1. The Article 3 shall not

shall be used to offset the additional

result of one or several of the apply to the specific additional

costs incurred in these regions as a

permanent restraints to their allocation for the outermost

result of one or several of the permanent restraints to their

development listed in Article 349 of regions. This specific additional development listed in Article 349 of

the TFEU. allocation for the outermost regions shall be used to offset the additional the TFEU. Article 3 shall not

costs incurred in these regions as a apply to the specific additional

30 Council position: Strand 'Interreg C' as defined in the Presidency paper for GAC (Cohesion). 31 EP position on Recital (27): Specific attention should be paid to outermost regions, namely by adopting measures under Article 349 of the TFEU providing for an additional allocation for the outermost regions to offset the additional costs incurred in these regions as a result of one or several of the permanent restraints referred to in Article 349 of the TFEU, namely remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development. This allocation can cover investments, operating costs and public service obligations aimed at offsetting additional costs caused by such restraints. Operating aid may cover expenditure on freight transport services, green logistics, mobility management and start-up aid for transport services as well as expenditure on operations linked to storage constraints, the excessive size and maintenance of production tools, and the lack of human capital in the local market. This allocation shall not be subject to the thematic concentration provided for in this Regulation. In order to protect the integrity of the internal market, and as is the case for all operations co-financed by the ERDF and the Cohesion Fund, any ERDF support to the financing of operating and investment aid in the outermost regions should comply with State aid rules as set out in Articles 107 and 108 of the TFEU. [Am. 26]

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result of one or several of the allocation for the outermost permanent restraints to their regions. 32 development listed in Article 349 of the TFEU.

• 2. 

  The allocation referred to in [no change] [no change] 166. paragraph 1 shall support:

(a) the activities within the scope as [no change] [no change] 167. set out in Article 4;

(b) by way of derogation from [no change] [no change] 168.

Article 4, measures covering operating costs with a view to offsetting the additional costs incurred in the outermost regions as a result of one or several of the permanent restraints to their development listed in Article 349 of the TFEU.

The allocation referred to in paragraph [no change] [no change] 169.

1 may also support expenditure covering compensation granted for the provision of public service obligation and contracts in the outermost regions.

• 3. 

  The allocation, referred to in [no change] [no change] 170. paragraph 1, shall not support:

32 Council position: N.B.: A provision on the specific additional allocation for the northernmost regions with very low population density will be discussed in the

context of the discussions on thematic concentration (Art.3). It should be noted that, since according to Art.7(6)ESF+ the specific ESF+ allocation is not part of the regular thematic concentration requirements, the specific ERDF allocation is not to be counted as part of ERDF thematic concentration requirements either.

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(a) operations involving products [no change] [no change] 171. listed in Annex I to the TFEU;

(b) aid for the transport of persons [no change] [no change] 172. authorised under point (a) of

Article 107(2) of the TFEU;

(c) tax exemptions and exemption [no change] [no change] 173. of social charges

(d) public services obligations not [no change] [no change] 174. discharged by undertakings and where the State acts by exercising public power.

Amendment 122 4. By way of derogation from 175. point (c) of paragraph 1 of

3a. By way of derogation from Article 4, the ERDF may support Article 4(1), the ERDF may productive investments in support productive investment in enterprises in the outermost enterprises in the outermost regions, irrespective of the size of regions, irrespective of their size. those enterprises.

CHAPTER III [no change] [no change] 176. Final provisions

Article 12 [no change] [no change] 177. Transitional provisions

Regulations (EC) No 1300/2013 i and [no change] [no change] 178.

1301/2013 or any act adopted thereunder shall continue to apply to programmes and operations supported by the ERDF or the Cohesion Fund under the 2014-2020 programming

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period.

Article 13 [no change] [no change] 179. Exercise of the delegation

• 1. 

  The power to adopt delegated [no change] [no change] 180. acts is conferred on the Commission subject to the conditions laid down in this Article.

• 2. 

  The power to adopt delegated

acts referred to in Article 7(4) shall be Amendment 123

[no change] 181.

conferred on the Commission for an 2. The power to adopt delegated indeterminate period of time from the acts referred to in Article 7(4) shall date of the entry into force of this be conferred on the Commission for

Regulation. an indeterminate period of time from the date of the entry into force of this Regulation until 31

December 2027.

• 3. 

  The delegation of power [no change] [no change] 182. referred to in Article 7(4) 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 the 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.

• 4. 

  Before adopting a delegated act, [no change] [no change] 183. the Commission shall consult experts designated by each Member State in

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accordance with the principles laid down in the Interinstitutional

Agreement on Better Law-Making of

13 April 2016 33 .

• 5. 

  As soon as it adopts a delegated [no change] [no change] 184. act, the Commission shall notify it simultaneously to the European

Parliament and to the Council.

• 6. 

  A delegated act adopted [no change] [no change] 185. pursuant to Article 7(4) shall enter into force only if no objection has been expressed either by the European

Parliament or by the Council within a period of two months of notification of that 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 of the Council.

Amendment 124 186.

Article 13a

Repeal

Without prejudice to Article 12 of this Regulation, Regulations (EC) No 1301/2013 and (EC) No

33 OJ L 123, 12.5.2016, p. 13.

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1300/2013 are repealed with effect from 1 January 2021.

Amendment 125 187.

Article 13b

Review

The European Parliament and the Council shall review this Regulation by 31 December 2027, in accordance with Article 177 TFEU.

Article 14 [no change] [no change] 188. Entry into force

This Regulation shall enter into force [no change] [no change] 189. on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its [no change] [no change] 190. entirety and directly applicable in all

Member States.

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