Cohesion policy legislative package 2021-2027 - Common Provisions Regulation - Block 2: Annex III and IV = Progress Report - Main contents

Document date	13-12-2019
Publication date	14-12-2019
Reference	14962/19 ADD 2
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union

Brussels, 13 December 2019 (OR. en)

14962/19

Interinstitutional File: ADD 2

2018/0196(COD) i

FSTR 165 REGIO 218 FC 71 SOC 796 PECHE 546 CADREFIN 410 JAI 1306 SAN 509 CODEC 1749

NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee

No. Cion doc.: COM(2018) 375 i

Subject: Cohesion policy legislative package 2021-2027

• - 

  Common Provisions Regulation - Block 2: Annex III and IV

• = 

  Progress Report

Delegations will find attached Annex III and IV of the Common Provisions Regulation (Block 2).

ANNEX

COMMON PROVISIONS REGULATION - Block 2: Annexes III and IV

• In yellow, bold and italics the EP amendments

• In bold and underlined the Council amendments

• Once technical meetings / trilogues start: grey text boxes will be used for common

provisional understanding or other comments as follows

Provisional common understanding …

• 1. 

  Example…

ANNEX III 1

Horizontal enabling conditions – Article 11(1)

Applicable to all specific objectives

Name of enabling conditions Fulfilment criteria

Effective monitoring Monitoring mechanisms are in place that cover all public

mechanisms of the public contracts and their procurement procedures under national the

procurement market Funds in line with EU procurement legislation which. This requirement includes:

• 1. 

  Arrangements to ensure compilation of effective, and reliable

  and exhaustive data and indicators within a single IT system or a network of interoperable systems, with a view to

  implementing the "once-only principle" and facilitating on

  public procurement procedures above the EU thresholds

  in accordance with reporting obligations under Article 83(3)

  of Directive 2014/24 i/EU, in accordance with the eprocurement requirements, as well as under Article and 84 of

  Directive 2014/24 i/EU. The data and indicators article 99 and

  100 of Directive 2014/25 i/EU.

1 Council position: The content of this annex is without prejudice to possible additional conditionalities to be debated at political level, including on the European Pillar of Social Rights.

• 2. 

  Arrangements to ensure the data cover at least the

  following elements:

• a. 

  Quality and intensity of competition: names of winning as

  well as initial bidders, number of initial bidders, number of selected bidders, and contractual price – against initial

  budgetary allocation and, whenever possible through

  contract registers,value;

  • b. 

    Information on final price after completion;

  • b. 

    Participation and on participation of SMEs as direct bidders;

  • c. 

    Appeals launched against the decisions of the

contracting authorities, including at least their number, the

time needed to render a decision in the first instance, and

number of decisions referred to the second instance;

• d. 

  A list of all contracts awarded pursuant to rules on

exclusions from the public procurement rules, with an

indication of the specific provision used.

• 2. 

  Arrangements to ensure sufficient capacity for monitoring

  and analysis of the data by the dedicated competent national authorities.

• 3. 

  Arrangements to make the data and indicators as well as the

  result of the analysis available to the public through user

  friendly open data.

• 4. 

  Arrangements to ensure that all, where national systems

  provide such information pointing to suspected bid-rigging situations is systematically communicated to the competent

  national competition bodies.;

Provisional common understanding

Monitoring mechanisms are in place that cover all public contracts and their procurement

procedures under national the Funds in line with EU procurement legislation which. This

requirement includes:

• 1. 

  Arrangements to ensure compilation of effective, and reliable and exhaustive data and

  indicators within a single IT system or a network of interoperable systems, with a view to implementing the "once-only principle" and facilitating on public procurement procedures

above the EU thresholds in accordance with reporting obligations under Article 83(3) of

Directive 2014/24 i/EU, in accordance with the e-procurement requirements, as well as under

Article and 84 of Directive 2014/24 i/EU. The data and indicators article 99 and 100 of

Directive 2014/25 i/EU.

• 2. 

  Arrangements to ensure the data cover at least the following elements:

• a. 

  Quality and intensity of competition: names of winning as well as initial bidders, number

of initial bidders, number of selected bidders, and contractual price – against initial

budgetary allocation and, whenever possible through contract registers,value;

• b. 

  Information on final price after completion;

• b. 

  Participation and on participation of SMEs as direct bidders; , where national systems

provide such information.

• c. 

  Appeals launched against the decisions of the contracting authorities, including at least

their number, the time needed to render a decision in the first instance, and number of

decisions referred to the second instance;

• d. 

  A list of all contracts awarded pursuant to rules on exclusions from the public

procurement rules, with an indication of the specific provision used.

• 3. 

  Arrangements to ensure sufficient capacity for monitoring and analysis of the data by the

  dedicated competent national authorities in accordance with article 83 (2) of directive

  2014/24/EU and article 99 (2) of directive 2014/25 i/EU.

• 4. 

  Arrangements to make the data and indicators as well as the results of the analysis available to

the public through user friendly open data in accordance with article 83 (3) of directive

2014/24/EU and article 99 (3) directive 2014/25 i/EU.

• 5. 

  Arrangements to ensure that all information pointing to suspected bid-rigging situations is

systematically communicated to the competent national competition bodies in accordance with

article 83 (2) of directive 2014/24 i/EU and article 99 (2) of directive 2014/25 i/EU.

Tools and capacity for effective Managing authorities have the tools and capacity to verify

application of State aid rules compliance with State aid rules through:

• 1. 

  Easy and comprehensive access to permanently updated information on For undertakings in difficulty and

  undertakings under a recovery requirement.

• 2. 

  Through Aaccess to expert advice and guidance on State aid matters, provided by State aid experts of local or

  national expert centre, under the coordination of national State aid authorities, with working arrangements to ensure that the expertise is effectively consulted with stakeholders bodies.

  Provisional common understanding

  Managing authorities have the tools and capacity to verify

  compliance with State aid rules through:

  • 3. 

    Easy and comprehensive access to permanently updated information on For undertakings in

    difficulty and undertakings under a recovery requirement.

  • 4. 

    Through Aaccess to expert advice and guidance on State aid matters, provided by State aid experts of local or national expert centre, under the

    coordination of national State aid authorities, with working arrangements to ensure that the expertise is effectively consulted with stakeholders bodies.

Effective application and Effective mechanisms are in place to ensure compliance with

implementation of the EU the EU Charter of Fundamental Rights which include:

Charter of Fundamental Rights 1. Arrangements to ensure verification of compliance of

operations the programmes supported by the Funds and their implementation with the relevant provisions of the Charter of Fundamental Rights.

• 2. 

  Reporting arrangements to the monitoring committee on the cases regarding non-compliance with the Charter of the

  operations supported by the Funds with the Charter.

  Provisional common understanding

  Effective mechanisms are in place to ensure

  compliance with the EU Charter of Fundamental

Rights which include:

• 1. 

  Arrangements to ensure verification of compliance of operations the programmes supported by the

  Funds and their implementation with the relevant provisions of the Charter of Fundamental Rights.

• 2. 

  Reporting arrangements to the monitoring committee on regarding cases of non-compliance with the Charter of the operations supported by the Funds with the Charter and complaints regarding the Charter submitted in accordance with the arrangements made pursuant to Article 63(6)CPR.

Implementation and application A national framework for implementing to ensure

of the United Nations implementation of the UNCRPD is in place that includes:

Convention on the rights of EP amendment 378

persons with disabilities

(UNCRPD) in accordance with 1. Objectives with measurable goals, data collection and monitoring mechanisms, applicable across all policy

Council Decision 2010/48/EC i objectives.

• 2. 

  Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes in line with the provisions of the UNCRPD and included in the project selection criteria and obligations.

2a. Reporting arrangements to the monitoring committee on the compliance of the operations supported.

Provisional common understanding

A national framework for implementing to ensure implementation of the UNCRPD is in place that includes:

• 1. 

  Objectives with measurable goals, data collection and monitoring mechanisms.

• 2. 

  Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes.

2a. Reporting arrangements to the monitoring committee regarding cases of non-compliance of operations supported by the Funds with the UNCRPD and complaints regarding the UNCRPD submitted in accordance with the arrangements made pursuant to Article 63(6)CPR.

EP amendment 379

Implementation of the Arrangements at national level to ensure the proper

principles and rights of the implementation of the principles of the European Pillar of

European Pillar of Social Social Rights that contribute to upward social convergence and

Rights that contribute to real cohesion in the EU, especially the principles preventing unfair

convergence and cohesion in competition within the internal market.

the European Union.

The Council position: no decision on additional conditions

can be made at the moment.

EP ready to rework the title of the condition as well as the

fulfilment criteria (especially for arrangements), including

the deletion of "especially the principles preventing unfair

competition within the internal market".

EP amendment 380 A framework is in place for all partners to play a fully-fledged

Effective application of the role in the preparation, implementation, monitoring and partnership principle evaluation of programmes, which includes

• 1. 

  Arrangements to ensure transparent procedures for the involvement of partners

• 2. 

  Arrangement for dissemination and disclosure of information relevant for partners to prepare and follow-up meetings

• 3. 

  Support for empowering partners and capacity building

The Council position: no decision on additional conditions can be made at the moment.

Links with Article 6 (CPR, Block 1) ANNEX IV

Thematic enabling conditions applicable to ERDF, ESF+ and the Cohesion Fund – Article 11(1)

On the approach to the negotiations on Annex IV, convergence of views between EP and CONS:

Discussions on the name and fulfilment criteria for the enabling conditions (CPR, Annex IV, 3rd and 4th columns below) will be based on the current

wording of the specific objectives (COM proposal) with the possibility for future adjustments depending on the outcome of the ERDF-CF and ESF+

negotiations.

Policy objective Specific objective Name of enabling Fulfilment criteria for the enabling condition condition

• 1. 

  A smarter ERDF: 1. Good governance of Smart specialisation strategy(ies) shall be supported by:

Europe by

promoting All specific objectives

national or regional 1. Up-to-date Aanalysis of challenges including bottlenecks for innovation

innovative and under this policy

smart specialisation diffusion, including digitalisation

smart economic objectives

strategy 2. Existence of competent regional / national institution or body,

transformation responsible for the management of the smart specialisation strategy

• 3. 

  Monitoring and evaluation tools to measure performance towards the objectives of the strategy

• 4. 

  Effective fFunctioning of stakeholder co-operation ("entrepreneurial discovery process")

• 5. 

  Actions necessary to improve national or regional research and innovation systems, where relevant

ANNEX ECOMP.2 EN

Common 6. Where relevant, Aactions to manage support industrial transition provisional

understanding 7. Measures for international collaboration internationalisation

(February - March 2019),

CPR, Art. 4: Provisional common understanding a more 1. Up-to-date analysis of challenges bottlenecks for innovation competitive diffusion and , including digitalisation

and smarter 2. Existence of competent regional / national institution or Europe by body, responsible for the management of the smart promoting specialisation strategy

innovative and 3. Monitoring and evaluation tools to measure performance smart economic towards the objectives of the strategy

transformation; 4. Effective fFunctioning of stakeholder co-operation

("entrepreneurial discovery process")

• 5. 

  Actions necessary to improve national or regional research and innovation systems, where relevant

• 6. 

  Where relevant, Aactions to manage support industrial transition.

• 7. 

  Measures for enhancing cooperation with partners outside a given Member State in priority areas supported by the smart specialisation strategy international collaboration.

Comment: Need to ensure consistency with the final wording of Art.67(3)(b) (line V-57) CPR and this enabling condition.

ANNEX ECOMP.2 EN

• 2. 

  A greener, low ERDF and Cohesion 2.1 Strategic policy 1. A national long term renovation strategy to support the renovation of carbon and Fund: framework to support the national stock of residential and non-residential buildings is adopted, resilient Europe energy efficiency in line with the requirements of the Directive 2018/844 i amending

by promoting 2.1 Promoting energy renovation of residential Directive 2010/31 i/ EU on the energy performance of buildings, which: clean and fair efficiency measures and non-residential energy transition, and reducing a. Entails indicative milestones for 2030, 2040 and targets for 2050 green and blue greenhouse gas

buildings

investment, the emissions

• b. 

  Provides an indicative outline of budgetary financial resources to support the implementation of the strategy

circular economy,

climate c. Defines effective mechanisms for promoting investments in adaptation and building renovation

risk prevention 2. Energy efficiency improvement measures to achieve required energy

and management Provisional common understanding

• 1. 

  A national long term renovation strategy to support the

Common

provisional renovation of the national stock of residential and nonunderstanding

residential buildings is adopted, in line with the requirements of the Directive 2018/844 i amending Directive 2010/31 i/ EU on

(February -

March 2019), the energy performance of buildings, which:

CPR, Art. 4: a. Entails indicative milestones for 2030, 2040 and targets for 2050

a greener, lowcarbon

• b. 

  Provides an indicative outline of budgetary financial transitioning resources to support the implementation of the strategy

towards a net c. Defines effective mechanisms for promoting investments in zero carbon building renovation

economy and

resilient Europe 2. Energy efficiency improvement measures to achieve required by promoting energy savings

clean and fair savings

energy

transition, green ERDF and Cohesion 2.2 Governance of for EP Amendment 381 Fund: the energy sector

ANNEX ECOMP.2 EN

and blue 2.1 Promoting energy National Energy and Climate Plan comply with the Paris Agreement investment, the efficiency measures objective of limiting global warming to 1.5°C, are adopted and include: circular and reducing economy, greenhouse gas climate change emissions CONS

mitigation and

adaptation and 2.2 Promoting The National Energy and Climate Plan are adopted is notified to the risk prevention renewable energy Commission, in accordance with the provisions of Article 3 of and through investment in Regulation No 2018/1999 i and includes:

management; generation capacity 1. All elements required by the template in Annex I of that the Regulation

on Governance of the Energy Union 2

• 2. 

  An indicative outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy

  Provisional common understanding

  The National Energy and Climate Plan are adopted is notified to the Commission, in accordance with the provisions of Article 3 of Regulation No 2018/1999 i and in consistency with the longterm greenhouse gas emission reduction objectives under the Paris Agreement and includes:

  • 1. 

    All elements required by the template in Annex I of that the

2 Regulation (EU) 2018/1999 i of the European Parliament and of the Council on the Governance of the Energy Union and Climate Action, amending

Regulations (EC) No 663/2009 i and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC i, 98/70/EC, 2009/31/EC i, 2009/73/EC, 2010/31 i/EU, 2012/27 i/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC i and (EU) 2015/652

and repealing Regulation (EU) No 525/2013 i of the European Parliament and of the Council.

ANNEX ECOMP.2 EN

Regulation on Governance of the Energy Union 3

• 2. 

  An indicative outline of envisaged financing/ financial resources and mechanisms for measures promoting low-carbon energy

  (financing or financial? to be aligned with paragraph 1b above for consistency purposes)

ERDF and Cohesion 2.3 Effective promotion Measures are in place which ensure:

Fund: of the use of renewable 1. Compliance with the 2020 binding national renewables binding energy 2.2 Promoting energy across sectors target and with this share of renewable energy as a baseline up to 2030 renewable energy and across the EU or having taken additional measures in case the baseline is not

through investment in maintained over any one year period in accordance with the recast of generation capacity the Directive No 2018/2001/EC 2009/28/EC and Regulation No 2018/1999 on the Governance of the Energy Union and Climate Action

• 2. 

  In accordance with the requirements of the Directive 2018/2001/EC i] and Regulation No 2018/1999 i on the Governance of the Energy

  Union and Climate Action Aan increase in of the share of renewables in the heating and cooling sector by 1 percentage point per year up to 2030 in line with in Article 23 of the Directive 2018/2001/EC i

  Provisional common understanding

  Measures are in place which ensure:

3 Regulation (EU) 2018/1999 i of the European Parliament and of the Council on the Governance of the Energy Union and Climate Action, amending

Regulations (EC) No 663/2009 i and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC i, 98/70/EC, 2009/31/EC i, 2009/73/EC, 2010/31 i/EU, 2012/27 i/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC i and (EU) 2015/652

and repealing Regulation (EU) No 525/2013 i of the European Parliament and of the Council.

ANNEX ECOMP.2 EN

• 1. 

  Compliance with the 2020 binding national renewables binding energy target and with this share of renewable energy as a

  baseline up to 2030 or having taken additional measures in case the baseline is not maintained over any one year period in accordance with the recast of the Directive No 2018/2001/EC 2009/28/EC and Regulation No 2018/1999 i on the Governance of the Energy Union and Climate Action

• 2. 

  In accordance with the requirements of the Directive 2018/2001/EC] and Regulation No 2018/1999 i on the Governance of the Energy Union and Climate Action Aan increase in of the share of renewables in the heating and cooling sector by 1 percentage point per year up to 2030 in line with in Article 23 of the Directive 2018/2001/EC i

EP Amendment 382 2.4 Effective disaster A national or regional disaster risk management plan, consistent with

ERDF and Cohesion risk management established on the basis of risk assessments, taking due account of the

Fund: framework. likely impacts of climate change and the existing climate adaptation strategies, is in place and includes:

2.4 Promoting climate and structural change adaptation, risk 1. A description of key risks, assessed in accordance with the provisions of prevention and Article 6 (a1) of Decision No 1313/2013/EU 4 , reflecting current and disaster resilience long term threats (25- 35 years) evolving risk profile. The assessment shall build, for climate related risks, on climate change projections and scenarios.

• 2. 

  Description of the disaster prevention, preparedness and response measures to address the key risks identified. The measures shall be

4 Council position: Decision No. 1313/2013 of the European Parliament and of the Council on a Union Civil Protection Mechanism.

ANNEX ECOMP.2 EN

prioritized in proportion to the risks and their economic impact, capacity gaps 5 , effectiveness and efficiency, taking into account possible alternatives

• 3. 

  Information on budgetary and financing resources and mechanisms available for covering the operation and maintenance costs related to prevention, preparedness and response

  Provisional common understanding

  A national or regional disaster risk management plan, consistent with established on the basis of risk assessments, taking due account of the likely impacts of climate change and the existing climate adaptation strategies, is in place and includes:

  • 1. 

    A description of key risks, assessed in accordance with the provisions of Article 6 (a1) of Decision No 1313/2013/EU 6 , reflecting current and long term threats (25- 35 years) evolving risk profile with an indicative 25-35 years time-span. The assessment shall build, for climate related risks, on climate change projections and scenarios.

  • 2. 

    Description of the disaster prevention, preparedness and response measures to address the key risks identified. The measures shall be prioritized in proportion to the risks and their economic impact, capacity gaps 7 , effectiveness and efficiency, taking into account possible alternatives

  • 3. 

    Information on budgetary and financing resources and mechanisms available for covering the operation and

5 Council position: As assessed in the risk management capabilities assessment required under Article 6 paragraph 1(b) of Decision 1313/2013.

6 Council position: Decision No. 1313/2013 of the European Parliament and of the Council on a Union Civil Protection Mechanism.

7 Provisional common understanding As assessed in the risk management capabilities assessment required under Article 6(1)(b) of Decision 1313/2013.

ANNEX ECOMP.2 EN

maintenance costs related to prevention, preparedness and response

ERDF and Cohesion 2.5 Updated planning for For each or both sectors, aA national investment plan is in place and Fund: required investments in includes:

2.5 Promoting water and wastewater sustainable water sectors

• 1. 

  An assessment of the current state of implementation of the Urban Wastewater Treatment Directive (UWWTD) 91/271/EEC [and the

efficiency recast of the Drinking Water Directive (DWD) 98/83/EC]

management 2. The identification and planning of any public investments, including an

indicative financial estimation

• a. 

  Required to implement achieve compliance with the UWWTD, including a prioritization with regard to the size of agglomerations and the environmental impact, with investments broken down for each wastewater agglomeration

• b. 

  Required to implement the DWD Directive on drinking water 98/83/EC

• c. 

  [Required to match the needs stemming from the proposed recast (COM(2017)753 final i), regarding in particular the revised quality parameters detailed in annex I]

• 3. 

  An estimate of investments needed to renew existing wastewater and water supply infrastructure, including networks, based on their age and depreciation plans

• 4. 

  An indication of potential sources of public financing, when needed to complement user charges

ANNEX ECOMP.2 EN

Provisional common understanding

• 1. 

  An assessment of the current state of implementation of the Urban Wastewater Treatment Directive (UWWTD) 91/271/EEC [and

the recast of the Drinking Water Directive (DWD) 98/83/EC]

• 2. 

  The identification and planning of any public investments, including an indicative financial estimation

  • a. 

    Required to implement achieve compliance with the UWWTD, including a prioritization with regard to the size of agglomerations and the environmental impact, with investments broken down for each wastewater agglomeration

  • b. 

    Required to implement the DWD Directive on drinking water 98/83/EC

  • c. 

    [Required to match the needs stemming from the proposed recast (COM(2017)753 final i), regarding in particular the revised quality parameters detailed in annex I]

• 3. 

  An estimate of investments needed to renew existing wastewater and water supply infrastructure, including networks, based on their age and depreciation plans

• 4. 

  An indication of potential sources of public financing, when needed to complement user charges

ERDF and Cohesion 2.6 Updated planning for Waste management plan(s) are in place in accordance with Article 28 of Fund: waste management Directive 2008/98/EC i as amended by Directive EU 2018/xxxx851/EU and

2.6 Developing covering the entire territory of the Member State and include:

Promoting the 1. An analysis of the current waste management situation in the (Ttransition to a geographical entity concerned, including the type, quantity and source circular economy, of waste generated and an evaluation of their future development through investment in taking into account the expected impacts of measures set out in the

ANNEX ECOMP.2 EN

the waste sector and Waste Prevention Programme(s) developed in accordance with Article resource efficiency 29 of Directive 2008/98/EC i as amended by Directive 2018/851 i/EU

• 2. 

  An assessment of existing waste collection schemes, including the material and territorial coverage of separate collection and measures to improve its operation, as well as the need for new collection schemes

• 3. 

  An investment gap assessment justifying the need for the closure of existing waste installations and additional or upgraded waste

  infrastructure, with an information of the sources of revenues available to meet operation and maintenance costs

• 4. 

  Information on the location criteria for how future site locations identification will be determined and on the capacity of future waste treatment installations

  Provisional common understanding

  Waste management plan(s) are in place in accordance with Article 28 of Directive 2008/98/EC i as amended by Directive EU 2018/xxxx851/EU and covering the entire territory of the Member State and include:

  • 1. 

    An analysis of the current waste management situation in the geographical entity concerned, including the type, quantity and source of waste generated and an evaluation of their future

    development taking into account the expected impacts of measures set out in the Waste Prevention Programme(s) developed in accordance with Article 29 of Directive 2008/98/EC i as amended by Directive 2018/851 i/EU

  • 2. 

    An assessment of existing waste collection schemes, including the material and territorial coverage of separate collection and measures to improve its operation, as well as the need for new collection schemes

ANNEX ECOMP.2 EN

• 3. 

  An investment gap assessment justifying the need for the closure of existing waste installations and additional or upgraded waste infrastructure, with an information of the sources of revenues available to meet operation and

  maintenance costs

• 4. 

  Information on the location criteria for how future site locations identification will be determined and on the capacity of future waste treatment installations

ERDF and Cohesion Prioritised action EP Amendment 383 Fund: framework for the

2.6 Promoting green necessary conversation

A priority action framework pursuant to Article 8 of Directive 92/43/EEC i is

infrastructure in the measures involving

in place and includes:

urban environment Union co-financing. 1. All elements required by the template for the priority action framework and reducing pollution for 2021-2027 agreed by the Commission and the Member States including

• 2. 

  The identification of the priority measures and an estimate of financing needs

CONS

A priority action framework pursuant to Article 8 of Directive 92/43/EEC i is in place and includes:

• 1. 

  All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States

• 2. 

  The identification of the priority measures and an estimate of financing needs

  To be considered at a later date.

ANNEX ECOMP.2 EN

• 3. 

  A more ERDF: 3.1 National or regional A national or regional broadband plan is in place which includes: connected

Europe by 3.1 Enhancing digital

broadband plan 1. An assessment of the investment gap that needs to be addressed to

enhancing connectivity reach the EU Gigabit connectivity objectives ensure that all Union 8 mobility and citizens have access to very high capacity networks , based on:

regional ICT a) a recent mapping 9 of existing private and public infrastructure

connectivity and quality of service using standard broadband mapping indicators

• b) 

  a consultation on planned investments in line with State aid

Common requirements

provisional 2. The justification of planned public intervention on the basis of understanding sustainable investment models that:

(February - a) enhance, affordability and access to open, quality and future March 2019), proof infrastructure and services CPR, Art. 4: b) adjust the forms of financial assistance to the market failures

a more identified connected c) allow for a complementary use of different forms of financing Europe by from EU, national or regional sources

enhancing 3. Measures to support demand and use of Very High Capacity (VHC) mobility and networks, including actions to facilitate their roll-out, in particular regional ICT through the effective implementation of the EU Broadband Cost Reduction Directive 10

8 Council position: As defined in the Communication from the European Commission: "Towards a European Gigabit Society" - COM(2016)587 i: https://ec.europa.eu/digital-single-market/en/policies/improvingconnectivity-and-access In line with the objective defined in article 3(2)(a) in conjunction with recital 24 of the [Proposal for a] Directive of the European Parliament and of the Council establishing the European Electronic

Communications Code].

9 In line with article 22 of the [Proposal for a] Directive of the European Parliament and of the Council establishing the European Electronic Communications Code].

10 Directive 2014/61 i/EU.

ANNEX ECOMP.2 EN

connectivity; 4. Technical assistance and expert advice mechanisms, including such

as a Broadband Competence Offices Office, to reinforce the capacity of local stakeholders and advise project promoters

• 5. 

  A monitoring mechanism based on standard broadband mapping indicators

  Provisional common understanding

  A national or regional broadband plan is in place which includes:

  • 1. 

    An assessment of the investment gap that needs to be addressed to reach the EU Gigabit connectivity objectives ensure that all Union citizens have access to very high capacity networks 11 , based on:

    • c) 

      a recent mapping 12 of existing private and public

      infrastructure and quality of service using standard broadband mapping indicators

    • d) 

      a consultation on planned investments in line with State aid requirements

  • 2. 

    The justification of planned public intervention on the basis of sustainable investment models that:

    • d) 

      enhance, affordability and access to open, quality and future-proof infrastructure and services

    • e) 

      adjust the forms of financial assistance to the market failures identified

11 Provisional common understanding: In line with the objective defined in Aarticle 3(2)(a) in conjunction with recital (254) of the [Proposal for a] Directive No 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code]

12 Provisional common understanding: In line with Aarticle 22 of the [Proposal for a] Directive No 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code].

ANNEX ECOMP.2 EN

• f) 

  allow for a complementary use of different forms of financing from EU, national or regional sources

• 3. 

  Measures to support demand and use of Very High Capacity (VHC) networks, including actions to facilitate their roll-out, in particular through the effective implementation of the EU

  Broadband Cost-Reduction Directive 13

• 4. 

  Technical assistance and expert advice mechanisms, including such as a Broadband Competence Offices Office, to reinforce the capacity of local stakeholders and advise project promoters

• 5. 

  A monitoring mechanism based on standard broadband mapping indicators

EP Amendment 384 3.2 Comprehensive Multimodal mapping of existing and planned infrastructures, except at

ERDF and Cohesion transport planning at the local level, until 2030 is in place which: Fund: appropriate level Provisional common understanding

3.2 Developing a Multimodal mapping of existing and planned infrastructures, except sustainable, climate at local level, until 2030 is in place which: resilient, intelligent, secure safe and intermodal TEN-T

13 Directive 2014/61 i/EU.

ANNEX ECOMP.2 EN

3.3 Developing and

enhancing EP Amendment 385

sustainable, climate

resilient, intelligent - 1a. Requires social, economic and territorial cohesion to be ensured, and intermodal and, to a greater extent, missing links to be completed and bottlenecks national, regional and to be removed on the TEN-T network, which also means investment in local mobility, hard infrastructure

including improved Provisional common understanding access to TEN-T and EP AM 385 to be covered in a recital as follows:

cross-border mobility • “(17a) While pursuing the objectives of economic, social and

territorial cohesion, support to network connectivity by the ERDF and the Cohesion Fund should aim at completing missing links to the TEN- T network.”

EP Amendment 386

• 1. 

  Includes economic justificationassessment of the planned investments, underpinned by robust demand analysis and traffic modelling, which

  should take into account the anticipated impact of rail liberalisation the opening of the rail services markets

  Provisional common understanding

  • 1. 

    Includes economic justification assessment of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of rail liberalisation the opening of the rail services markets

EP Amendment 387

• 2. 

  Reflects air quality plans, taking into account in particular national decarbonisation plans national emission reduction strategies for the

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transport sector

CONS

• 2. 

  Reflects air quality plans, taking into account in particular Is consistent with national decarbonisation energy and climate plans

  Provisional common understanding

  (combining EP AM 387 and CONS AMD):

  • 2. 

    Reflects air quality plans, taking into account in particular Is consistent with the transport related elements of the national decarbonisation energy and climate plan

EP Amendment 388

• 3. 

  Includes investments in core TEN-T network corridors, as defined by regulation (EU) 1316/2013 i, in line with the respective TEN-T work

  plans as well as pre-identified sections on the comprehensive network

CONS

• 3. 

  Includes investments in core TEN-T network corridors, as defined by [Proposal for a regulation establishing the Connecting Europe

  Facility and repealing Regulations (EU) 1316/2013,], in line with the respective TEN-T network corridors work plans

  Common provisional understanding

  • 3. 

    Includes investments in core TEN-T core network corridors, as defined by [Proposal for a regulation establishing the

    Connecting Europe Facility and repealing Regulations (EU) 1316/2013,], in line with the respective TEN-T core network corridors work plans

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EP Amendment 389

• 4. 

  For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the urban networks, regions and local communities to the core TEN-T and its nodes

  Common provisional understanding

  (combining EP AMs 388 and 389):

  • 4. 

    For investments outside the core TEN-T core network corridors, including in cross-border sections, ensures complementarity by providing sufficient connectivity of the urban networks, regions and local communities to the core TEN-T and its nodes

• 5. 

  Ensures interoperability of the rail network, through Where relevant, reports on the deployment of baseline-3 compliant ERTMS covering at least according to Commission Implementing Regulation EU 2017/6 of 5 January 2017 on the European Deployment Plan Rail Traffic

  Management System European deployment plan

  Provisional common understanding

  • 5. 

    Ensures interoperability of the rail network, through and, where relevant, reports on the deployment of baseline-3 compliant

    ERTMS covering at least according to Commission Implementing Regulation EU 2017/6 of 5 January 2017 on the European Deployment Plan Rail Traffic Management System European deployment plan.

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• 6. 

  Promotes multimodality, identifying needs for multimodal or transhipment freight and passengers terminals and active modes

  Provisional common understanding

  • 6. 

    Promotes multimodality, identifying needs for multimodal or transhipment freight and passengers terminals and active modes

• 7. 

  Includes measures relevant for infrastructure planning aiming at promoting alternative fuels, in line with the relevant national policy frameworks

  Provisional common understanding

  • 7. 

    Includes measures relevant for infrastructure planning aiming at promoting alternative fuels, in line with the relevant national

    policy frameworks

• 8. 

  Includes Presents a summary of the assessment of road safety risks in line with existing national road safety strategies, together with a

  mapping of the affected roads and sections and providing with a prioritisation of the corresponding investments

  Provisional common understanding

  • 8. 

    Includes Presents the results of the assessment of road safety

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risks in line with existing national road safety strategies, together with a mapping of the affected roads and sections and providing with a prioritisation of the corresponding investments

• 9. 

  Provides information on budgetary and financing resources corresponding to the planned investments and required to cover operation and maintenance costs of the existing and planned infrastructures

  Provisional common understanding

  • 9. 

    Provides information on budgetary and financing resources corresponding to the planned investments and required to cover operation and maintenance costs of the existing and planned infrastructures

EP Amendment 390

9a. Promotes sustainable regional and cross-border tourism initiatives that lead to win-win situations for both the tourists and the

inhabitants, such as interconnecting the EuroVelo network with the TRAN European Railway network

Provisional common understanding

EP AMD 390 to be covered in the following addition at the end of the recital (23):

Territorial strategies, when promoting sustainable tourism

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initiatives, should ensure an appropriate balance between the needs of both residents and tourists, such as interconnecting cycling and railway networks.

EP amendments on that recital remain open for discussion.

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• 4. 

  A more social ERDF: 4.1 Strategic policy A strategic policy framework for active labour market policies in the light of

  Europe by framework for active the Employment guidelines is in place and includes: 4.1 eEnhancing the labour market policies implementing the effectiveness of 1. Arrangements for conducting jobseekers’ profiling and assessment of their needs, including for entrepreneurial pathways European Pillar labour markets and access to quality 2. Information on job vacancies and employment opportunities taking into

  of Social Rights employment trough account the needs of the labour market

  developing social

  innovation and 3. Arrangements for ensuring that its design, implementation, monitoring and

  infrastructure review is conducted in close cooperation with relevant stakeholders

Common 4. Arrangements for monitoring, evaluation and review of active labour

provisional ESF: market policies

understanding

(February - 5. For youth employment interventions, evidence-based and targeted EP Amendment 391

March 2019), pathways towards young people not in employment, education or training including outreach measures and based on quality requirements taking into

CPR, Art. 4: 4.1.1 Improving account criteria for quality apprenticeships and traineeships, including in

a more social access to the context of Youth Guarantee schemes implementation. and inclusive employment of all Europe jobseekers, including implementing in particular youth the European and long-term Pillar of Social unemployed, and of

Provisional common understanding inactive people and

Rights; promoting self A strategic policy framework for active labour market policies in the

employment, and the light of the Employment guidelines is in place and includes:

social economy; 1. Arrangements for conducting jobseekers’ profiling and assessment of

CONS their needs, including for entrepreneurial pathways 2. Information on job vacancies and employment opportunities taking

4.1.1 Improving into account the needs of the labour market

access to

employment of all 3. Arrangements for ensuring that its design, implementation,

jobseekers, including monitoring and review is conducted in close cooperation with relevant stakeholders

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in particular youth, 4. Arrangements for monitoring, evaluation and review of active labour

and long-term market policies

unemployed and

disadvantaged 5. For youth employment interventions, evidence-based and targeted groups on the pathways towards young people not in employment, education or labout market, and training including outreach measures and based on quality of inactive people requirements taking into account criteria for quality apprenticeships and, promoting selfand traineeships, including in the context of Youth Guarantee employment, and the schemes implementation.

social economy;

4.1.2 Modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailormade assistance and support to labour market matching, transitions and mobility;

ERDF: 4.2 National strategic A national strategic policy framework for gender equality is in place that framework for gender includes:

4.1 eEnhancing the equality

effectiveness of 1. Evidence-based identification of challenges to gender equality

labour markets and Provisional common understanding access to quality employment trough

developing social A national strategic policy framework for gender equality is in place that innovation and includes:

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infrastructure 1. Evidence-based identification of challenges to gender equality

ESF:

EP Amendment 393

EP Amendment 392 2. Measures to address gender gaps in employment, pay, social security

4.1.3 Promoting and pensions, and to promote work-life balance for women and men, women’s labour including through improving access to early childhood education and market participation care, with targets, while respecting national labour market models a better work/life and the autonomy of the social partners

balance including access to childcare, a

healthy and well– Provisional common understanding

adapted working 2. Measures to address gender gaps in employment, pay, pensions, environment and to promote work-life balance for women and men, including addressing health through improving access to early childhood education and care, risks, adaptation of with targets, while respecting the role and autonomy of the workers, enterprises social partners.

and entrepreneurs to change and healthy and active

ageing; 3. Arrangements for monitoring, evaluation and review of the strategic

CONS: policy framework and data collection methods based on sexdisaggregated data

4.1.3 Promoting a gender-balanced's

labour market Provisional common understanding

participation, and a 3. Arrangements for monitoring, evaluation and review of the strategic better work/life policy framework and data collection methods based on sexbalance including disaggregated data

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through access to childcare, and care for dependent

persons 4. Arrangements for ensuring that its design, implementation, monitoring

Promoting and review is conducted in close cooperation with equality bodies, social adaptation of partners and relevant civil society organisations stakeholders

workers, enterprises and

entrepreneurs to Provisional common understanding

change, and active 4. Arrangements for ensuring that its design, implementation, and healthy ageing monitoring and review is conducted in close cooperation with equality and a healthy and bodies, social partners and relevant civil society organisations well-adapted stakeholders, including equality bodies, social partners and civil working society organisation environment addressing health risks, adaptation of workers to change and healthy and active ageing;

ERDF: 4.3 Strategic policy A national and/or regional strategic policy framework for the education and

4.2 iImproving framework for the training system is in place and includes: access to inclusive education and training and quality services system at all levels.

Provisional common understanding

in education, training A national and/or regional strategic policy framework for the education and lifelong learning and training system is in place and includes:

through developing infrastructure; EP Amendment 395

ESF: 1. Evidence-based systems for skills anticipation and forecasting as well as

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graduate follow-up tracking mechanisms and services for quality and

EP Amendment 394 effective guidance for learners of all ages including learner-centred

4.2.1 Improving the approaches

quality, CONS inclusiveness and

effectiveness and 1. Evidence-based systems for skills anticipation and forecasting as well as

labour market 1a. gGraduate tracking mechanisms and services for quality and effective relevance of guidance for learners of all ages

education and

training systems to Provisional common understanding

support acquisition 1. Evidence-based systems for skills anticipation and forecasting as well of key competences as

including digital 1a. gGraduate tracking mechanisms and services for quality and skills and to effective guidance for learners of all ages

facilitate the transition between education and work;

CONS: EP Amendment 396 4.2.1Improving the 2. Measures to ensure equal access to, participation in and completion of quality, effectiveness quality, affordable, relevant, non-segregated and inclusive education and and labour market training, and acquisition of key competences at all levels, including higher relevance of education / including higher tertiary education

education and Provisional common understanding

training systems, to

support acquisition 2. Measures to ensure equal access to, participation in and completion of of key competences quality, affordable, relevant, non-segregated and inclusive education including digital and training, and acquisition of key competences at all levels, including skills; higher education.

4.2.2 Promoting lifelong learning, notably flexible

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upskilling and EP Amendment 397

reskilling

opportunities for all 3. Coordination mechanism across all levels of education and training, as well as informal including tertiary education and non-formal and informal learning and non-formal providers, and clear assignment of responsibilities between the relevant

learning, including national and/or regional bodies

by facilitating career CONS

transitions and

promoting 3. A cCoordination mechanism covering across all levels of education and

professional mobility training, including tertiary education, and a clear assignment of responsibilities between the relevant national and/or regional bodies

CONS: Provisional common understanding

4.2.2 Promoting

flexible upskilling 3. A cCoordination mechanism covering across all levels of education and reskilling and training, including higher tertiary education, and a clear assignment opportunities for all, of responsibilities between the relevant national and/or regional bodies

including by facilitating career

transitions and 4. Arrangements for monitoring, evaluation and review of the strategic policy promoting framework

professional mobility 5. Measures to target low-skilled, low-qualified adults and those with

4.2.3 Promoting disadvantaged socio-economic backgrounds and upskilling pathways

equal access to and 6. Measures to support teachers, trainers and academic staff as regards completion of, appropriate learning methods, assessment and validation of key quality and inclusive competences

education and

training, in 7. Measures to promote mobility of learners and staff and transnational particular for collaboration of education and training providers, including through disadvantaged recognition of learning outcomes and qualifications

groups, to quality and inclusive education and

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training, from early childhood education and care through general and vocational education and training and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all;

CONS

4.2.3Promoting equal access, to and completion of, quality and inclusive education and training, in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level, as well as adult education

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and learning, including facilitating learning mobility for all;

ERDF: 4.4 National strategic EP Amendment 401

EP Amendment 398 policy framework for social inclusion and A national strategic policy framework and action plan for social inclusion and

4.3 iIncreasing the poverty reduction poverty reduction is in place that includes:

socio-economic CONS integration of

marginalised A national or regional strategic policy framework or legislative framework communities, for social inclusion and poverty reduction is in place that includes: refugees and

migrants under Provisional common understanding

international A national or regional strategic policy or legislative framework for social protection and inclusion and poverty reduction is in place that includes the following disadvantaged actions:

groups, through integrated measures

including housing 1. Evidence-based diagnosis of poverty and social exclusion including child and social services poverty, access to early childhood education and care of good quality,

ESF: homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable

EP Amendment 399 people of all ages.

4.3.1 Promoting fostering active

inclusion including COM provided alternative drafting for point (1); EP requested a with a view to reference to Commission's Recommendation on "Investment in promoting equal Children".

opportunities and Open. Linked to the ESF+ outcomes.

active participation, and improving

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employability; 2. Measures to prevent and combat segregation in all fields, including CONS through providing adequate income support, social protection, inclusive

4.3.1 Promoting labour markets and access to quality services for vulnerable people, Fostering active including migrants and refugees

inclusion including CONS with a view to 2. Measures to prevent and combat segregation in all fields, including promoting equal through providing adequate income support, inclusive labour markets and opportunities and access to quality services for vulnerable people, including migrants active participation, poverty and social exclusion

and improving employability;

EP Amendment 400 Provisional common understanding 4.3.1a. Promoting Measures to prevent and combat segregation in all fields, including social integration of through providing adequate income support, social protection, people at risk of inclusive labour markets and access to quality services for vulnerable poverty or social people, including migrants and refugees.

exclusion, including the most deprived

and children 3. Measures for the shift transition from institutional to family- and community-based care based on a national deinstitutionalisation strategy

and an action plan

Provisional common understanding

Measures for the shift from institutional to family- and community-based care

• 4. 

  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations stakeholders

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Provisional common understanding

• 4. 

  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with relevant stakeholders, including social partners and relevant civil society organisations.

ESF: 4.5 National Roma The National Roma Integration Strategy (NRIS) inclusion strategic policy

EP Amendment 402 Integration Strategy framework is in place that includes: inclusion strategic

4.3.2 Promoting policy framework 1. Measures to accelerate Roma integration, prevent and eliminate

socio-economic segregation, taking into account the gender dimension and situation of integration of third young Roma, and sets baseline and measurable milestones and targets

country nationals Provisional common 2. Arrangements for monitoring, evaluation and review of the Roma and of marginalised understanding integration measures communities such as

the Roma; 4.5 National Roma 3. Arrangements for the mainstreaming of Roma inclusion at regional and Integration Strategy local level

CONS inclusion strategic

4.3.2 Promoting policy framework

• 4. 

  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in a close cooperation with the Roma civil society and

socio-economic all other relevant stakeholders, including at the regional and local levels integration of third country nationals

and of marginalised Provisional common understanding

communities such as the Roma; The National Roma Integration Strategy (NRIS) inclusion strategic policy framework is in place that includes:

• 1. 

  Measures to accelerate Roma integration, prevent and eliminate segregation, taking into account the gender dimension and situation of young Roma, and sets baseline and measurable milestones and targets

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• 2. 

  Arrangements for monitoring, evaluation and review of the Roma integration measures

• 3. 

  Arrangements for the mainstreaming of Roma inclusion at regional and local level

• 4. 

  Arrangements for ensuring that its design, implementation, monitoring and review is conducted in a close cooperation with the Roma civil society and all other relevant stakeholders, including at the regional and local levels

ERDF: 4.6 Strategic policy EP Amendment 404

4.4 eEnsuring equal framework for health access to health care and long-term care.

A national or regional strategic policy framework for health is in place that contains:

through developing

infrastructure, 1. Mapping of health and long-term care needs, including in terms of medical

including primary Provisional common and care staff, to ensure sustainable and coordinated measures

care understanding

Provisional common understanding

ESF: 4.6 Strategic policy A national or regional strategic policy framework for health is in place that

EP Amendment 403 framework for contains: health and long

4.3.4 Enhancing the term care. 1. Mapping of health and long-term care needs, including in terms of equal and timely medical and care staff, to ensure sustainable and coordinated measures

access to quality, sustainable and affordable services;

modernising social 2. Measures to ensure the efficiency, sustainability, accessibility and protection systems, affordability to of health and long-term care services, including specific including promoting focus on individuals excluded from the health and long-term care systems access to social and those who are hardest to reach

protection; improving

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accessibility,

effectiveness and CONS

resilience of 2. Measures to ensure the efficiency, sustainability, accessibility and healthcare systems; affordability to health and long-term care services, including a specific improving access to focus on individuals excluded from the health and long-term care systems

long-term care

services Provisional common understanding

CONS 2. Measures to ensure the efficiency, sustainability, accessibility and

4.3.4Enhancing the affordability to of health and long-term care services, including a equal and timely specific focus on individuals excluded from the health and long-term access to quality, care systems, including those who are hardest to reach.

sustainable and affordable services;

modernising social 3. Measures to promote community based services, including prevention and protection systems, primary care, home-care and community-based services, and the transition

including from institutional to family and community based care promoting access to

social protection, CONS improving 3. Measures to promote community based services, including prevention and accessibility, primary care, home-care and community-based services

effectiveness and resilience of

healthcare systems; Provisional common understanding

improving access to 3. Measures to promote community and family- based services and long-term care through de-institutionalisation, including prevention and primary services care, home-care and community-based services.

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3a. Measures to ensure the efficiency, sustainability, accessibility and affordability of social protection systems

EP: To be discussed later in view of alignment with the ESF+ Regulation.

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