Cohesion policy legislative package 2021-2027 - Common Provisions Regulation = Progress Report - Main contents

Document date	13-12-2019
Publication date	14-12-2019
Reference	14962/19
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: 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

• = 

  Progress Report

• I. 

  INTRODUCTION

  • 1. 

    On 29 May 2018, the Commission adopted the proposal for the Common Provisions

    Regulation (CPR) 1 . The proposal was presented to the Structural Measures Working

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

1 Doc. 9511/18 + ADD 1. The Common Provisions Regulation sets out common provisions for seven shared management funds: the Cohesion Fund, the European Maritime and Fisheries

Funds, the European Regional Development Fund, the European Social Fund Plus, the Asylum and Migration Fund, the Border Management and Visa Instrument and the Internal Security Fund.

• 2. 

  On 19 December, under the Austrian Presidency, the Permanent Representatives

  Committee agreed on a partial mandate for negotiations on the CPR covering provisions

  on programming and strategic planning (Block 1) and management and control

  (Block 5).

• 3. 

  Between February and June 2019, under the Romanian Presidency, the Permanent

  Representatives Committee agreed on the remaining partial mandates for negotiations

  on the CPR, excluding MFF-related provisions. These covered the conditions for

  eligibility and performance framework (Block 2); the provisions on monitoring,

  evaluation, communication and visibility (Block 3) and on financial support from the

  Funds (Block 4); the provisions on financial management (Block 6) and the provisions

  on definitions and other provisions such as delegation of power, implementing,

  transitional and final provisions (Block 7). The related Annexes were also examined and

  endorsed by Coreper.

• 4. 

  Beyond work within the Council preparatory bodies, the Romanian Presidency also

  conducted three political trilogues with the European Parliament on 19 and 26 February

  and 6 March 2019 on CPR Block 1 provisions, which were accompanied by several

  technical meetings.

• 5. 

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

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

  2018, respectively.

• 6. 

  The European Parliament voted its first reading position on the CPR on 27 March 2019.

II. STATE OF PLAY

• 7. 

  Since the Common Provisions 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.

• 8. 

  The inter-institutional negotiations with the European Parliament re-started in

  September 2019 and took place until December 2019, focusing on those provisions

  (Blocks) that are crucial for the programming and for the quick and effective

  implementation of the Funds, namely Block 1 (Programming and strategic planning),

  Block 2 (Conditions for eligibility and performance framework) and Block 5

  (Management and control). The intense work of Finland's Presidency on the CPR

  comprised 13 technical meetings and 4 political trilogues with the European Parliament.

• 9. 

  Substantial progress has been made during the inter-institutional negotiations on the

  CPR Blocks 1, 2 and 5, both on the Articles (as shown in the four-column tables

  annexed to this note, covering Articles under Blocks 1, 2 and 5), and the Annexes

  (Block 1 Annexes -included under ADD1- and Block 2 Annexes -included under

  ADD2-).

• 10. 

  Following the last trilogue on 10 December and the achievement of a "package deal"

  with a provisional common understanding between the European Parliament and the

  Presidency being reached on CPR Blocks 1, 2 and 5, the Presidency is of the view

  that, based on the principle that "nothing is agreed until everything is agreed", a

  balanced compromise text on a very substantial part of the Common Provisions

  Regulation has emerged from the inter-institutional negotiations, including both

  Articles and Annexes. The Presidency regards the package as the best possible

  compromise, taking into account the European Parliament’s ambitions for these

  blocks.

III. WAY FORWARD

• 11. 

  The Permanent Representatives Committee is, therefore, invited to:

  ‒ take note of the progress made on the inter-institutional negotiations on the

  Common Provisions Regulation; ‒ endorse the progress made on the negotiations with the European Parliament on

  CPR Blocks 1, 2 and 5 as set out in documents 14962/19 + ADD 1-2, for both the

  CPR Articles and Annexes.

  ANNEX

COMMON PROVISIONS REGULATION - BLOCK 1: Strategic approach and programming (Articles 4-10 and 16-32)

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

TABLE OF CONTENTS Provisional common understanding I - 1

[… TO BE INSERTED ]

TITLE I [no change] TITLE I Comment: For block 7 I - 2 OBJECTIVES AND GENERAL

OBJECTIVES AND GENERAL RULES ON SUPPORT RULES

CHAPTER II [no change] [no change] Provisional common understanding I - 3

Policy objectives and principles for the support of the Funds [no change]

Article 4 [no change] [no change] Provisional common understanding I - 4 Policy objectives

[no change]

• 1. 

  The ERDF, the ESF+, the [no change] [no change] Provisional common understanding I - 5 Cohesion Fund and the EMFF shall support the following policy [no change] objectives:

(a) a smarter Europe by promoting Amendment 63 [no change] Provisional common understanding I - 6 innovative and smart economic transformation; (a) a more competitive and smarter (a) a more competitive and smarter

Europe by promoting innovative and Europe by promoting innovative and smart economic transformation and

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

strengthening small and mediumsmart economic transformation; sized enterprises;

(b) a greener, low-carbon Europe by Amendment 64 (b) a greener, low-carbon and Provisional common understanding I - 7 promoting clean and fair energy resilient Europe by promoting clean transition, green and blue investment, (b) a greener, low-carbon and fair energy transition, green and (b) a greener, low-carbon transitioning the circular economy, climate transitioning towards a net zero blue investment, the circular towards a net zero carbon economy adaptation and risk prevention and carbon economy and resilient economy, climate adaptation and risk and resilient Europe by promoting management; Europe by promoting clean and fair prevention and management; clean and fair energy transition, green

energy transition, green and blue and blue investment, the circular investment, the circular economy, economy, climate change mitigation climate change mitigation and and adaptation and risk prevention and adaptation and risk prevention and management; management;

(c) a more connected Europe by Amendment 65 [no change] Provisional common understanding I - 8 enhancing mobility and regional ICT connectivity; (c) a more connected Europe by [no change]

enhancing mobility, including smart and sustainable mobility, and regional ICT connectivity;

(d) a more social Europe Amendment 66 2 [no change] Provisional common understanding I - 9 implementing the European Pillar of

Social Rights; (d) a more social and inclusive (d) a more social and inclusive Europe

Europe implementing the European implementing the European Pillar of Pillar of Social Rights; Social Rights;

2 EP position: a new recital is added, as follows: (9a) Given the impact of migration flows from third countries, cohesion policy should contribute to integration processes, in particular by providing infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

(e) a Europe closer to citizens by Amendment 67 (e) a Europe closer to citizens by Provisional common understanding I - 10 fostering the sustainable and fostering the sustainable and integrated development of urban, (e) a Europe closer to citizens by integrated development of urban, (e) a Europe closer to citizens by rural and coastal areas and local fostering the sustainable and rural and coastal areas and local fostering the sustainable and integrated initiatives. integrated development of all initiativesall types of territories. development of all types of territories

regions, urban, rural and coastal urban, rural and coastal areas and local areas and local initiatives. initiatives.

• 2. 

  The ERDF, the ESF+ and the [no change] [no change] Provisional common understanding I - 11 Cohesion Fund shall contribute to the actions of the Union leading to [no change] strengthening of its economic, social and territorial cohesion in accordance with Article 174 of the TFEU by pursuing the following goals:

(a) Investment for jobs and growth [no change] [no change] Provisional common understanding I - 12 in Member States and regions, to be supported by the ERDF, the ESF+ [no change] and the Cohesion Fund; and

(b) European territorial cooperation [no change] [no change] Provisional common understanding I - 13 (Interreg), to be supported by the

ERDF. [no change]

• 3. 

  Member States shall provide Amendment 68 3 [no change] Provisional common understanding I - 14 information on the support for

3 EP position: Consequential amendment to the corresponding Recital: (9) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream

mainstreaming climate actions and to the achievement of an overall target of 25 30 % of the EU budget expenditure supporting climate objectives. Climate proofing mechanisms should be an integral part of programming and implementation.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

environment and climate objectives

using a methodology based on types 3. Member States shall ensure [no change] of intervention for each of the Funds. climate proofing for relevant

That methodology shall consist of operations through the entire assigning a specific weighting to the planning and implementation support provided at a level which process and shall provide reflects the extent to which such information on the support for support makes a contribution to environment and climate objectives environmental objectives and to using a methodology based on types climate objectives. In the case of the of intervention for each of the Funds.

ERDF, the ESF+ and the Cohesion That methodology shall consist of

Fund weightings shall be attached to assigning a specific weighting to the dimensions and codes for the types of support provided at a level which

intervention established in Annex I. reflects the extent to which such support makes a contribution to

environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.

4 Member States and the Amendment 69 4 4. Member States and the Provisional common understanding I - 15 Commission shall ensure the Commission shall ensurepromote the coordination, complementarity and 4. In accordance with their coordination, complementarity and 4. Member States and the Commission coherence between the Funds and respective responsibilities and in line coherence between the Funds and shall ensurepromote the coordination, other Union instruments such as the with the principles of subsidiarity other Union instruments such as the complementarity and coherence

4 EP position: Recital (40) is amended as follows: (40) In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. This policy

coordination should promote easy-to-use mechanisms and multi-level governance. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Reform Support Programme, and multilevel governance, Member Reform Support Programme, between the Funds and other Union including the Reform Delivery Tool States and the Commission shall including the Reform Delivery Tool instruments such as the Reform Support and the Technical Support ensure the coordination, and the Technical Support Programme, including the Reform

Instrument. They shall optimise complementarity and coherence Instrumentand funds. They shall Delivery Tool and the Technical mechanisms for coordination between the Funds and other Union optimise mechanisms for Support Instrumentand funds. They between those responsible to avoid instruments such as the Reform coordination between those shall optimise mechanisms for duplication during planning and Support Programme, including the responsible to avoid duplication coordination between those responsible implementation. Reform Delivery Tool and the during planning and implementation. to avoid duplication during planning

Technical Support Instrument. They Accordingly, Member States and and implementation. Accordingly, shall optimise mechanisms for the Commission shall also take into Member States and the Commission coordination between those account the relevant countryshall also take into account the responsible in order to avoid specific recommendations in the relevant country-specific duplication during planning and programming and implementation recommendations in the implementation. of the Funds. programming and implementation of the Funds.

Amendment 70 Provisional common understanding I - 16

4a. Member States and the [no change] Commission shall ensure compliance with relevant State aid rules.

Article 5 [no change] [no change] Provisional common understanding I - 17 Shared management

[no change]

• 1. 

  The Member States and the Amendment 71 5 [no change] Provisional common understanding I - 18

5 EP position: The corresponding recital is amended as follows: (10) Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council 12 (the 'Financial Regulation'). Therefore, when implementing the Funds under shared management, the Commission and

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Commission shall implement the

budget of the Union allocated to the 1. The Member States, in 1. The Member States and the

Funds under shared management in accordance with their institutional Commission shall implement the accordance with Article [63] of and legal framework, and the budget of the Union allocated to the

Regulation (EU, Euratom) [number Commission shall implement the Funds under shared management in of the new financial regulation] (the budget of the Union allocated to the accordance with Article [63] of

'Financial Regulation'). Funds under shared management in Regulation (EU, Euratom) [number of accordance with Article [63] of the new financial regulation] (the

Regulation (EU, Euratom) [number 'Financial Regulation'). Member States of the new financial regulation] (the shall prepare and implement 'Financial Regulation'). programmes at the appropriate territorial level in accordance with their institutional, legal and financial framework.

Member States shall prepare and Provisional common understanding I - 19 implement the support from the Funds at the appropriate territorial Comment: Council amendment level, in accordance with their withdrawn as it is covered in row 18 institutional, legal and financial framework.

• 2. 

  However, the Commission shall Amendment 72 [no change] Provisional common understanding I - 20 implement the amount of support from the Cohesion Fund transferred 2. However, Without prejudice to [no change] to the Connecting Europe Facility Article 1(2), the Commission shall

('CEF'), the European Urban implement the amount of support

Initiative, Interregional Innovative from the Cohesion Fund transferred

the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and nondiscrimination. Member States should be responsible for preparing and implementing programmes. This should take place at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and by the bodies designated by them for that purpose. Member States should refrain from adding rules that complicate the use of the funds for beneficiaries.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

Investments, the amount of support to the Connecting Europe Facility transferred from the ESF+ to ('CEF'), the European Urban transnational cooperation, the Initiative, Interregional Innovative amounts contributed to InvestEU

6 Investments, the amount of support and technical assistance at the transferred from the ESF+ to initiative of the Commission under transnational cooperation, the direct or indirect management in amounts contributed to InvestEU 37 accordance with [points (a) and (c) of and technical assistance at the

Article 62(1)] of the Financial initiative of the Commission under

Regulation. direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial

Regulation.

• 3. 

  The Commission may implement Amendment 73 3. In agreement with the Member Provisional common understanding I - 21 outermost regions' cooperation under State concerned, the Commission the European territorial cooperation 3. The Commission may, with the may implement outermost regions' 3. The Commission may, with the goal (Interreg) under indirect agreement of the Member State and cooperation under the European agreement of the Member State and management. the region concerned, implement territorial cooperation goal (Interreg) the regions concerned, implement

  outermost regions' cooperation under under indirect management. outermost regions' cooperation under the European territorial cooperation the European territorial cooperation goal (Interreg) under indirect goal (Interreg) under indirect management. management.

6 [Regulation (EU) No […] on […] (OJ L […], […], p. […])].

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

Article 6 [no change] 7 [no change] Provisional common understanding I - 22 Partnership and multi-level

governance [no change]

• 1. 

  Each Member State shall organise Amendment 74 1. Each Member State shall organise Provisional common understanding I - 23 a partnership with the competent and implement a partnership with

regional and local authorities. That 1. For the Partnership Agreement the involvement of relevant 1. For the Partnership Agreement partnership shall include at least the and each programme, each Member partners in accordance with and each programme, each Member following partners: State shall, in accordance with its Commission Delegated Regulation State shall organise and implement a

institutional and legal framework, (EU) No 240/2014 8 , taking into comprehensive partnership in organise a fully - fledged, effective account specificities of the Funds. accordance with its institutional and partnership with the competent competent regional and local legal framework and taking into regional and local authorities. That authorities. That partnership shall account the specificities of the Funds partnership shall include at least the include at least the following with the competent regional and local following partners: partners: authorities. That partnership shall include at least the following partners:

(a) urban and other public Amendment 75 (a) urban and other public Provisional common understanding I - 24 authorities; authorities;

(a) regional, local, urban and other (a) regional, local, urban and other public authorities; public authorities;

(b) economic and social partners; [no changes] (b) economic and social partners; Provisional common understanding I - 25

7 EP position: changes in the text of the Article 6 entail the following amendment to the corresponding recital: (11) The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of regional, local, and other public authorities, civil society and social partners. In order to provide continuity in the organisation of partnership, the Commission should be empowered to amend and adapt

Commission Delegated Regulation (EU) No 240/2014 i 13 should continue to apply. 8 Commission Delegated Regulation (EU) No 240/2014 i of 7 January 2014 on the European code of conduct on partnership in the framework of the European

Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

(b) economic and social partners;

(c) relevant bodies representing Amendment 76 (c) relevant bodies representing Provisional common understanding I - 26 civil society, environmental partners, civil society, environmental partners, and bodies responsible for promoting (c) relevant bodies representing and bodies responsible for promoting (c) relevant bodies representing civil social inclusion, fundamental rights, civil society, such as environmental social inclusion, fundamental rights, society, such as environmental rights of persons with disabilities, partners, non-governmental rights of persons with disabilities, partners, non-governmental gender equality and nonorganisations, and bodies responsible gender equality and nonorganisations, and bodies responsible discrimination. for promoting social inclusion, discrimination. for promoting social inclusion,

fundamental rights, rights of persons fundamental rights, rights of persons with disabilities, gender equality and with disabilities, gender equality and non-discrimination. non-discrimination.

Amendment 77 Provisional common understanding I - 27 (ca) research institutions and

(ca) research institutions and universities, where appropriate. universities, where appropriate.

• 2. 

  In accordance with the multi-level Amendments 78 and 459 2. In accordance with the multi-level Provisional common understanding I – 28 governance principle, the Member governance principle, the Member State shall involve those partners in 2. In accordance with the multi-level State shall involve those partners in 2. The partnership established under the preparation of Partnership governance principle and following a the preparation of Partnership paragraph 1 shall operate in Agreements and throughout the bottom-up approach, the Member Agreements and throughout the accordance with the multi-level preparation and implementation of State shall involve those partners in preparation and implementation of governance principle and a bottom-up programmes including through the preparation of Partnership programmes including through approach. The Member State shall participation in monitoring Agreements and throughout the participation in monitoring involve those partners in the committees in accordance with preparation and , implementation and committees in accordance with preparation of Partnership Agreements Article 34. evaluation of programmes including Article 34. and throughout the preparation and,

  through participation in monitoring implementation and evaluation of committees in accordance with programmes including through Article 34. In that context, Member participation in monitoring committees States shall allocate an appropriate in accordance with Article 34.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

percentage of the resources coming

from the Funds for the In that context, Member States shall, administrative capacity building of where relevant, allocate an

social partners and civil society appropriate percentage of the

organisations. For cross-border resources coming from the Funds for programmes, the Member States the administrative capacity building concerned shall include partners of social partners and civil society from all participating Member organisations. For Interreg

States. programmes, the Partnership shall include partners from all

participating Member States.

• 3. 

  The organisation and Amendment 79 3. The organisation and Provisional common understanding I - 29 implementation of partnership shall implementation of partnership shall be carried out in accordance with 3. The organisation and be carried out in accordance with 3. The organisation and implementation Commission Delegated Regulation implementation of partnership shall Commission Delegated Regulation of partnership shall be carried out in (EU) No 240/2014 9 . be carried out in accordance with (EU) No 240/2014 3 . accordance with Commission

  Commission Delegated Regulation Delegated Regulation (EU) No

  3

  (EU) No 240/2014 . The 240/2014 3 . Commission is empowered to adopt delegated acts, in accordance with New paragraph in Article 110 agreed: Article 107, concerning amendments

  to Delegated Regulation (EU) The empowerment conferred in 240/2014 in order to adapt that paragraph 3 of Article 5 of Delegated Regulation to this Regulation (EU) No 1303/2013 i on the Regulation. Commission to adopt a delegated act

  to provide for a European code of conduct on partnership (the ‘code of conduct’) shall remain in force for the 2021-2027 programming period.

9 Commission Delegated Regulation (EU) No 240/2014 i of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

The delegation of power shall be exercised in accordance with Article 108.

[Consequential adjustments are required to recitals 11 or 69. Article 108(3) and (6) should refer to the new text of Article 110.]

• 4. 

  At least once a year, the Amendment 80 4.2. At least once a year, the Provisional common understanding I - 30 Commission shall consult the Commission shall consult the organisations which represent the 4. At least once a year, the organisations which represent the 4. At least once a year, the Commission partners at Union level on the Commission shall consult the partners at Union level on the shall consult organisations which implementation of programmes. organisations which represent the implementation of programmes. represent partners at Union level on the

  partners at Union level on the implementation of programmes, and implementation of programmes, and shall report to the European shall report to the European Parliament and Council on the Parliament and Council on the outcome. outcome.

  Amendment 81 10 Provisional common understanding I - 31

10 EP position: - Recital (5) to be amended as follows: (5) Horizontal principles as set out in Article 3 of the Treaty on the 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 Funds, 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 Rights of the Child and of the UN Convention on the 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. In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation or exclusion, or support infrastructure which is inaccessible to persons with a disability. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) Compromise proposal, comments Row (Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Article 6 a (new) Article 6 a (new)

Horizontal Principles Horizontal Principles

• 1. 

  Member States and the

Commission shall ensure respect for 1. Member States and the

fundamental rights and compliance Commission shall ensure respect for with the Charter of Fundamental fundamental rights and compliance

Rights of the European Union in the with the Charter of Fundamental

implementation of the Funds. Rights of the European Union in the implementation of the Funds.

• 2. 

  Member States and the Provisional common understanding I - 32 Commission shall ensure that equality between men and women, 2. Member States and the gender mainstreaming and the Commission shall ensure that integration of gender perspective are equality between men and women, taken into account and promoted gender mainstreaming and the throughout the preparation and integration of gender perspective are implementation of programmes, taken into account and promoted including in relation to monitoring, throughout the preparation, reporting and evaluation. implementation, monitoring reporting and evaluation of

of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article191(1) of the TFEU, taking into account the polluter pays principle and taking into account the commitments agreed under the Paris Agreement. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. Poverty is one of the greatest challenges of the EU. The Funds should therefore contribute to the elimination of poverty. They should also contribute to fulfilling the commitment of the Union and its Member States to achieving the United Nations’ Sustainable Development Goals.

• - 

  First sentence of Recital (38) is amended as follows: (38) To ensure the inclusiveness, effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are non-discriminatory and long-lasting and prevent the Funds from being used to undue advantage. (...)

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

programmes.

• 3. 

  Member States and the

Commission shall take appropriate Provisional common understanding I - 33

steps to prevent any discrimination

based on gender, racial or ethnic 3. Member States and the origin, religion or belief, disability, Commission shall take appropriate age or sexual orientation during the steps to prevent any discrimination preparation, implementation, based on gender, racial or ethnic monitoring, reporting and origin, religion or belief, disability, evaluation of programmes. In age or sexual orientation during the particular, accessibility for persons preparation, implementation, with disabilities shall be taken into monitoring, reporting and evaluation account throughout the preparation of programmes. In particular,

and implementation of programmes. accessibility for persons with disabilities shall be taken into

account throughout the preparation and implementation of programmes.

• 4. 

  The objectives of the Funds shall

be pursued in line with the principle Provisional common understanding I - 34

of sustainable development, taking

into account the UN Sustainable 4. The objectives of the Funds shall Development Goals and with the be pursued in line with the objective Union’s promotion of the aim of of promoting sustainable preserving, protecting and development as set out in Article 11 improving the quality of TFEU, taking into account the UN environment and combating climate Sustainable Development Goals and change, taking into account the the Paris Climate Agreement.

polluter pays principle, as set out in Article 191(1) and (2) TFEU. Member States and the Commission

shall ensure that environmental Provisional common understanding I - 35

protection requirements, resource

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

efficiency, energy efficiency firstprinciple,

socially just energy The objectives of the Funds shall be transition, climate change mitigation pursued in full respect of the EU

and adaptation, biodiversity, disaster environmental acquis.

resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. They shall aim at avoiding investments related to production, processing, distribution, storage or combustion of fossil fuels.

TITLE II [no change] [no change] Provisional common understanding I - 36 STRATEGIC APPROACH

[no change]

CHAPTER I [no change] [no change] Provisional common understanding I - 37 Partnership Agreement

[no change]

Article 7 [no change] 11 Article 7 Provisional common understanding I - 38 Preparation and submission of the Preparation and submission of the

Partnership Agreement Partnership Agreement [no change]

• 1. 

  Each Member State shall prepare Amendment 82 1. Each Member State shall prepare Provisional common understanding I - 39 a Partnership Agreement which sets a Partnership Agreement which sets

11 EP position: Recital (15) is amended as follows: (15) The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, it should be possible for Partnership Agreements can to be included as part of a programme.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

out arrangements for using the Funds out the strategic orientation for

in an effective and efficient way for 1. Each Member State shall prepare programming and 1. Each Member State shall prepare a the period from 1 January 2021 to a Partnership Agreement which sets the arrangements for using the Partnership Agreement which sets out

31 December 2027. out arrangements for using the Funds in an effective and efficient way for FundsERDF, the Cohesion Fund, the strategic orientation for

the period from 1 January 2021 to 31 the ESF+, and the EMFF in an

programming and the arrangements

December 2027. Such Partnership effective and efficient way for the

for using the Funds ERDF, the

Agreement shall be prepared in period from 1 January 2021 to

Cohesion Fund, the ESF+, and the

accordance with the code of conduct 31 December 2027.

EMFF in an effective and efficient way for the period from 1 January 2021 to

established by the Commission 31 December 2027. Delegated Regulation (EU) No 240/2014.

The requirement in the first Provisional common understanding I - 40 subparagraph shall not apply where: 1a. The Partnership Agreement shall be prepared in accordance with the a) the amount of resources for a code of conduct established by the Member State from the ERDF, Commission Delegated Regulation the Cohesion Fund and the (EU) No 240/2014. When a Member ESF+ is lower than 2.5bn EUR, State already provides for a or comprehensive partnership during the preparation of its programmes, b) a Member State does not submit this requirement is considered to be more than three programmes complied with. under the Investment for jobs and growth goal.

• 2. 

  The Member State shall submit Amendment 83 [no change] Provisional common understanding I - 41 the Partnership Agreement to the

Commission before or at the same 2. The Member State shall submit [no change] time as the submission of the first the Partnership Agreement to the programme. Commission before or at the same

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

time as the submission of the first programme, but not later than 30 April 2021.

• 3. 

  The Partnership Agreement may Amendment 84 3. The Partnership Agreement may Provisional common understanding I - 42 be submitted together with the be submitted together with the relevant annual National Reform 3. The Partnership Agreement may relevant annual National Reform 3. The Partnership Agreement may be

Programme. be submitted together with the Programme. submitted together with the relevant relevant annual National Reform annual National Reform Programme Programme and the National Energy and the National Energy and Climate and Climate Plan. Plan.

Provisional common understanding I-42 BIS

3a. The Partnership Agreement shall be a strategic and concise document. It shall be no more than 35 pages, unless the Member State, at its own initiative, decides to extend the length of the document.

[The reference to the number of pages to be seen while aligning the Annex.]

• 4. 

  The Member State shall draw up [no change] 4. The Member State shall draw up Provisional common understanding I - 43 the Partnership Agreement in the Partnership Agreement in accordance with the template set out accordance with the template set out [no change] in Annex II. It may include the in Annex II. It may include the

Partnership Agreement in one of its Partnership Agreement in one of its Comment: In Annex II: Reduction of programmes. programmes. indicative characters in text field for

point 2 (Policy choices, coordination

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

and complementarity), from 60 000 to 30 000 and inclusion of a minimum of 10 000, to effectively create a range of 10 000 - 30 000 characters.

• 5. 

  Interreg programmes may be [no change] [no change] Provisional common understanding I - 44 submitted to the Commission before the submission of the Partnership [no change]

Agreement.

Provisional common understanding I-44 BIS

• 6. 

  The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs.

Article 8 [no change] Article 8 Provisional common understanding I - 45 Content of the Partnership Content of the Partnership Agreement

Agreement [no change]

The Partnership Agreement shall [no change] 1. The Partnership Agreement shall Provisional common understanding I - 46 contain the following elements: contain the following elements:

[no change]

(a) the selected policy objectives Amendment 85 12 (a) the selected policy objectives Provisional common understanding I - 47

12 EP position: - Recital (12) is deleted;

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

indicating by which of the Funds and indicating by which of the funds

programmes they will be pursued and (a) the selected policy objectives covered by the Partnership (a) the selected policy objectives a justification thereto, and where indicating by which of the Funds and Agreement and programmes they indicating by which of the funds relevant, a justification for using the programmes they will be pursued and will be pursued and a justification covered by the Partnership delivery mode of the InvestEU, a justification thereto, and where thereto, and where relevant, a Agreement and programmes they will taking into account relevant countryrelevant, a justification for using the be pursued and a justification thereto, specific recommendations; delivery mode of the InvestEU,

justification for using the delivery [and where relevant, a justification for

taking into account and listing mode of the InvestEU, taking into

relevant country-specific account relevant country-specific

using the delivery mode of the 13 , taking into account

recommendations, as well as recommendations, as well as the

InvestEU] relevant country-specific

regional challenges; principles of the European Pillar of Social Rights; recommendations, the National

Energy and Climate Plan, the principles of the European Pillar of Social Rights and, where relevant, regional challenges;

(b) for each of the selected policy [no change] [no change] Provisional common understanding I - 48 objectives referred to in point (a):

[no change]

(i) a summary of the policy choices Amendment 86 (i) a summary of the policy choices Provisional common understanding I - 49 and the main results expected for and the main results expected for each of the Funds, including where (i) a summary of the policy choices each of the funds covered by the (i) a summary of the policy choices and relevant, through the use of and the main results expected for Partnership Agreement, including the main results expected for each of

InvestEU; each of the Funds, including where where relevant, through the use of the funds covered by the Partnership relevant, through the use of InvestEU; Agreement, including where relevant, InvestEU; through the use of InvestEU;

• - 

  the first sentence of recital (13) is amended as follows: Member States should determine how take into account relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU ('CSR's) are taken into account in the preparation of programming documents, where they are consistent with the programme’s objectives.

13 Put in square brackets pending the outcome of discussions on Article 10.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

(ii) coordination, demarcation and Amendment 87 [no change] Provisional common understanding I - 50 complementarities between the Funds and, where appropriate, coordination (ii) coordination, demarcation and [no change] between national and regional complementarities between the Funds programmes; and, where appropriate, coordination

between national and regional programmes, in particular with regard to CAP Strategic Plans referred to in Regulation (EU) [...] (the 'CAP Strategic Plans Regulation');

(iii) complementarities between the Amendment 88 14 (iii) complementarities between the Provisional common understanding I - 51 Funds and other Union instruments, funds covered by the Partnership including LIFE strategic integrated (iii) complementarities and synergies Agreement and other Union (iii) complementarities and synergies projects and strategic nature projects; between the Funds and other Union instruments, including LIFE strategic between the funds covered by the

instruments, including LIFE strategic integrated projects and strategic Partnership Agreement, the AMIF, integrated projects and strategic nature projectsfunds; the ISF, the BMVI, and other Union nature projects, and, where instruments, including LIFE strategic appropriate, projects funded under integrated projects and strategic nature Horizon Europe; projects, and, where appropriate, projects funded under Horizon Europe;

Amendment 89 Provisional common understanding I - 52

(iii a) delivery on targets, policies [no change] Comment: EP amendment and measures under the National

14 EP position: Recital (36) is amended as follows: In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects, as well as with

projects funded under Horizon Europe and other Union programmes.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

Energy and Climate Plans; withdrawn as covered in row 47

(c) the preliminary financial Amendment 90 (c) the preliminary financial Provisional common understanding I - 53 allocation from each of the Funds by allocation from each of the funds policy objective at national level, (c) the preliminary financial covered by the Partnership (c) the preliminary financial allocation respecting Fund-specific rules on allocation from each of the Funds by Agreement by policy objective at from each of the funds covered by the thematic concentration; policy objective at national and national level, respecting Fund Partnership Agreement by policy

where appropriate at regional level, specific rules on thematic objective at national and where respecting Fund-specific rules on concentration; appropriate at regional level, thematic concentration; respecting Fund-specific rules on thematic concentration;

(d) where relevant, the breakdown of Amendment 91 [no change] Provisional common understanding I - 54 financial resources by category of regions drawn up in accordance with (d) where relevant, the breakdown of [no change]

Article 102(2) and the amounts of financial resources by category of

allocations proposed to be transferred regions drawn up in accordance with between categories of regions Article 102(2) and the amounts of pursuant to Article 105; allocations proposed to be transferred

between categories of regions pursuant to Article 105;

(d bis) for technical assistance, the Provisional common understanding I - 55 choice of the Member State of the form of Union contribution in (d bis) for technical assistance, the accordance with Article 30(3) and, choice of the Member State of the where applicable, the preliminary form of Union contribution pursuant financial allocation from each of to Article 30(3) and, where the Funds at national level and applicable, the preliminary financial breakdown of financial resources allocation from each of the funds by programme and category of covered by the Partnership regions; Agreement at national level and breakdown of financial resources by

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

programme and category of regions;

(e) the amounts to be contributed to Amendment 92 (e) the amounts to be contributed to Provisional common understanding I - 56 InvestEU by Fund and by category of InvestEU by fund and by category of regions; (e) the amounts to be contributed to regions, where relevant; [(e) the amounts to be contributed to

InvestEU by Fund and by category of InvestEU by Fund and by category of regions; regions;] 15

(f) the list of planned programmes [no change] (f) the list of planned programmes Provisional common understanding I - 57 under the Funds with the respective under the funds with the respective preliminary financial allocations by preliminary financial allocations by (f) the list of planned programmes

fund and the corresponding national fund and the corresponding national under the funds covered by the

contribution by category of regions; contribution by category of regions; Partnership Agreement with the respective preliminary financial

allocations by fund and the corresponding national contribution by category of regions;

(g) a summary of the actions which Amendment 93 (g) a summary of the actions which Provisional common understanding I - 58 the Member State concerned shall the Member State concerned take to reinforce its administrative (g) a summary of the actions which shallplans to take to reinforce its (g) a summary of the actions which the capacity of the implementation of the the Member State concerned shall administrative capacity of the Member State concerned shallplans to

Funds. take to reinforce its administrative implementation of the funds covered take to reinforce its administrative capacity of the implementation of the by the Partnership Agreement. capacity of the implementation of the Funds and its management and funds covered by the Partnership control system. Agreement

Amendment 94 Provisional common understanding I - 59

(ga) where appropriate, an (ga) where appropriate, an

15 Put in square brackets pending the outcome of discussions on Article 10.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

integrated approach to address the integrated approach to address the demographic challenges and/ or demographic challenges and/ or specific needs of regions and areas; specific needs of regions and areas;

Amendment 95 Comment: EP amendment withdrawn; I - 60 this issue will be revisited when

(gb) a communication and visibility discussing the content of the strategy. Programmes and block 3;

Amendment 96 16 Provisional common understanding I - 61

The EIB may, at the request of [EP AMD moved to I-44BIS] Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs.

With regard to the European Amendment 97 [no change] Provisional common understanding I - 62 territorial cooperation goal (Interreg), the Partnership Agreement shall only With regard to the European [no change] contain the list of planned territorial cooperation goal (Interreg), programmes. the Partnership Agreement shall only

contain the list of planned programmes and the cross-border investment needs in the concerned Member State.

16 EP position: A new Recital 48a to be added as follows: To support the effective use of the Funds, the EIB support should be available to all Member States at their request. This could cover capacity building, support for project identification, preparation and implementation, as well as advice on financial

instruments and investment platforms.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

The Partnership Agreement may Provisional common understanding I - 63 also contain a summary of the assessment of the fulfilment of The Partnership Agreement may

relevant enabling conditions also contain a summary of the

referred to in Article 11 and assessment of the fulfilment of Annexes III and IV. relevant enabling conditions referred to in Article 11 and Annexes III and IV.

• 2. 

  Where a Partnership Provisional common understanding I - 64 Agreement is not prepared pursuant to the second [CONS amendment withdrawn] subparagraph of paragraph 1 of Article 7, a comprehensive set of information covering points (c) to (f) of paragraph 1 shall be sent to the Commission in the form of Annex IIbis [tables included in sections 3 to 6 of Annex II ] before or at the same time as the submission of the first programme.

Article 9 [no change] Article 9 Provisional common understanding I - 65 Approval of the Partnership Approval of the Partnership

Agreement Agreement [no change]

• 1. 

  The Commission shall assess the Amendment 98 1. The Commission shall assess the Provisional common understanding I - 66 Partnership Agreement and its Partnership Agreement and its compliance with this Regulation and 1. The Commission shall assess the compliance with this Regulation and 1. The Commission shall assess the with the Fund-specific rules. In its Partnership Agreement and its with the Fund-specific rules. In its Partnership Agreement and its assessment, the Commission shall, in compliance with this Regulation and assessment, the Commission shall, in compliance with this Regulation and

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) Compromise proposal, comments Row (Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

particular, take into account relevant with the Fund-specific rules. In its particular, take into account how the with the Fund-specific rules while country-specific recommendations. assessment, the Commission shall, in Member State intends to address respecting the principle of

particular, take into account the relevant country-specific proportionality, taking into account provisions of Article 4 and 6, the recommendations. the strategic nature of the document, relevant country-specific the number of programmes covered recommendations, as well as the and the total amount of resources measures linked to integrated allocated to the Member State national energy and climate plans concerned. In its assessment, the and the way they are addressed. Commission shall, in particular, take into account how the Member State intends to address relevant countryspecific recommendations, National Energy and Climate Plans as well as the European Pillar of Social Rights.

Changes to recital (15):

The Partnership Agreement, prepared by each Member State, should be a concise and strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes under ERDF, Cohesion Fund, ESF+ and EMFF. In order to streamline the approval process, the Commission should respect the principle of proportionality in its assessment, particularly concerning the length of the Partnership Agreement as set out in Annex II and requests for additional information.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, Partnership agreements can be included as part of a programme.

• 2. 

  The Commission may make Amendment 99 [no change] Provisional common understanding I - 67 observations within three months of the date of submission by the 2. The Commission may make [no change]

Member State of the Partnership observations within three two

Agreement. months of the date of submission by the Member State of the Partnership Agreement.

• 3. 

  The Member State shall review Amendment 100 [no change] Provisional common understanding I - 68 the Partnership Agreement taking into account the observations made 3. The Member State shall review [no change] by the Commission. the Partnership Agreement taking

  into account the observations made by the Commission within one month of the date of their submission.

• 4. 

  The Commission shall adopt a Amendment 101 4. The Commission shall adopt a Provisional common understanding I - 69 decision by means of an decision by means of an implementing act approving the 4. The Commission shall adopt a implementing act approving the 4. The Commission shall adopt a

Partnership Agreement no later than decision by means of an Partnership Agreement no later than decision by means of an implementing four months after the date of implementing act approving the four months after the date of act approving the Partnership submission of that Partnership Partnership Agreement no later than submission of that Partnership Agreement no later than four months

four months after the date of the first after the date of submission of that

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Agreement by the Member State submission of that Partnership Agreement by the Member State Partnership Agreement by the Member concerned. The Partnership Agreement by the Member State concerned. The Partnership State concerned. The Partnership

Agreement shall not be amended. concerned. The Partnership Agreement shall not be amended. Agreement shall not be amended.

Agreement shall not be amended.

• 5. 

  If, pursuant to Article 7(4), the [no change] 5. If, pursuant to Article 7(4), the Provisional common understanding I - 70 Partnership Agreement is included in Partnership Agreement is included in a programme, the Commission shall a programme, the Commission shall 5. When the Partnership Agreement is adopt a decision by means of an adopt a decision by means of an included in a programme in implementing act approving that implementing act approving that accordance with the second programme no later than six months programme no later than six months subparagraph of Article 7(4), the after the date of submission of that after the date of submission of that Commission shall adopt a single programme by the Member State programme by the Member State decision by means of an implementing concerned. concerned. act approving the Partnership

  Agreement and that programme no later than six months after the date of submission of that programme by the Member State concerned.

Provisional common understanding I-70 BIS

Article 9a (new) – Amendment of the Partnership Agreement

• 1. 

  The Member State may submit to the Commission by 31 March 2025 an amended Partnership Agreement taking into account the the outcome of the mid-term review.

• 2. 

  The Commission shall assess the amendment and may make observations within three months of

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

the submission of the amended Partnership Agreement.

• 3. 

  The Member State shall review the amended Partnership Agreement taking into account the observations made by the Commission.

• 4. 

  The Commission shall approve the amendment of a Partnership Agreement no later than six months after its first submission by the Member State.

Article 10 [no change] 17 [no change] Article 10 not yet discussed I - 71

Use of the ERDF, the ESF+, the Cohesion Fund and the EMFF delivered through InvestEU

• 1. 

  Member States may allocate, in Amendment 428 1. Member States may allocate, : I - 72 the Partnership Agreement or in the request for an amendment of a 1. As of 1 January 2023, Member - in the Partnership Agreement or in programme, the amount of ERDF, the States, with the agreement of the the comprehensive set of

ESF+, the Cohesion Fund and the managing authorities concerned, information referred to in Article

EMFF to be contributed to InvestEU may allocate, in the Partnership 8(2); or and delivered through budgetary Agreement or in the request for an guarantees. The amount to be amendment of a programme, the - in the request for an amendment of contributed to InvestEU shall not amount of up to 2% of ERDF, the a programme, exceed 5 % of the total allocation of ESF+, the Cohesion Fund and the

the amount of ERDF, the ESF+, the

17 EP position: Recital (16) is amended as follows: (16) Each Member State should could have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State, under certain conditions specified in Article 10 of this Regulation.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

each Fund, except in duly justified EMFF to be contributed to InvestEU Cohesion Fund and the EMFF to be cases. Such contributions shall not and delivered through budgetary contributed to InvestEU and constitute transfers of resources under guarantees. The amount to be delivered through budgetary

Article 21. contributed to InvestEU shall not guarantees. The amount to be exceed 5 % Up to 3% of the total contributed to InvestEU shall not allocation of each Fund, except in exceed [5 %%] of the total allocation duly justified cases may be further of each Fund, except in duly justified allocated to InvestEU under the cases. Such contributions shall not mid-term review. Such contributions constitute transfers of resources under shall not constitute transfers of be Article 21.

available for investments in line with cohesion policy objectives and in the same category of regions targeted by the Funds of origin. Whenever an amount of ERDF, ESF+, Cohesion Fund is contributed to Invest EU, the enabling conditions as described in Article 11 and in Annexes III and IV to this Regulation shall apply. Only resources of future calendar years may be allocated. under Article 21.

• 2. 

  For the Partnership Agreement, Amendment 103 2. For the Partnership Agreement, or I - 73 resources of the current and future in the comprehensive set of calendar years may be allocated. For 2. For the Partnership Agreement, information referred to in Article the request for an amendment of a resources of the current and future 8(2), resources of the current and programme, only resources of future calendar years may be allocated. For future calendar years may be calendar years may be allocated. the request for an amendment of a allocated. For the request for an

  programme, only resources of future amendment of a programme, only calendar years may be allocated. resources of future calendar years may be allocated.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

• 3. 

  The amount referred to in Amendment 104 [no change] I - 74 paragraph 1 shall be used for the provisioning of the part of the EU 3. The amount referred to in guarantee under the Member State paragraph 1 shall be used for the compartment. provisioning of the part of the EU

  guarantee under the respective Member State compartment.

• 4. 

  Where a contribution agreement, Amendment 105 4. Where a contribution agreement, I - 75 as set out in Article [9] of the as set out in Article [9] of the

[InvestEU Regulation], has not been Where a contribution agreement, as [InvestEU Regulation], has not been

concluded by 31 December 2021 for set out in Article [9] of the [InvestEU concluded by 31 December 2021 for

an amount referred to in paragraph 1 Regulation], has not been concluded an amount referred to in paragraph 1

allocated in the Partnership by 31 December 2021 2023 for an allocated in the Partnership

Agreement, the Member State shall amount referred to in paragraph 1, Agreement, or in the comprehensive

submit a request for amendment of a allocated in the Partnership set of information referred to in programme or programmes to use the Agreement, the Member State shall Article 8(2), the Member State shall corresponding amount. submit a request for amendment of a submit a request for amendment of a

programme or programmes to use the programme or programmes to use the corresponding amount. corresponding amount.

The contribution agreement for an Amendment 106 [no change] I - 76 amount referred to in paragraph 1 allocated in the request of the The contribution agreement for an amendment of a programme shall be amount referred to in paragraph 1 concluded simultaneously with the allocated in the request of the adoption of the decision amending amendment of a programme shall be the programme. concluded, or amended as the case

may be, simultaneously with the adoption of the decision amending

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) Row (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments

the programme.

• 5. 

  Where a guarantee agreement, as Amendment 107 [no change] I - 77 set out in Article [9] of the [InvestEU

Regulation], has not been concluded 5. Where a guarantee agreement, as within nine months from the approval set out in Article [9] of the [InvestEU of the contribution agreement, the Regulation], has not been concluded respective amounts paid into the within nine months from the approval common provisioning fund as a of the contribution agreement, the provisioning shall be transferred back respective amounts paid into the to a programme or programmes and common provisioning fund as a the Member State shall submit a provisioning shall be transferred back corresponding request for a to the original programme or programme amendment. programmes and the Member State

shall submit a corresponding request for a programme amendment. In this particular case, resources of past calendar years may be modified, as long as the commitments are not yet implemented.

• 6. 

  Where a guarantee agreement, as [no change] [no change] I - 78 set out in Article [9] of the [InvestEU

Regulation], has not been fully implemented within four years from the signature of the guarantee agreement, the Member State may request that amounts committed in the guarantee agreement but not covering underlying loans or other risk bearing instruments shall be treated in accordance with paragraph

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

5.

• 7. 

  Resources generated by or Amendment 108 [no change] I - 79 attributable to the amounts contributed to InvestEU and 7. Resources generated by or delivered through budgetary attributable to the amounts guarantees shall be made available to contributed to InvestEU and the Member State and shall be used delivered through budgetary for support under the same objective guarantees shall be made available to or objectives in the form of financial the Member State and the local or instruments. regional authority concerned by the

  contribution and shall be used for support under the same objective or objectives in the form of financial instruments.

• 8. 

  The Commission shall re-budget [no change] [no change] I - 80 contributed amounts which have not been used for InvestEU for the year in which the corresponding programme amendment is approved.

Such re-budgetisation may not go beyond the year 2027.

The decommitment time limit for the [no change] [no change] I - 81 re-budgeted amount in accordance with Article 99 shall start from the year in which the contribution has been re-budgeted.

TITLE III [no change] [no change] Provisional common understanding I - 82 PROGRAMMING

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

CHAPTER I [no change] [no change] Provisional common understanding I - 83 General provisions on the Funds

[no change]

Article 16 [no change] 18 [no change] Provisional common understanding I - 84

Preparation and submission of programmes [no change]

• 1. 

  Member States shall prepare Amendment 140 [no change] Provisional common understanding I - 85 programmes to implement the Funds for the period from 1 January 2021 to 1. Member States in cooperation 1. Member States shall prepare

31 December 2027. with the partners referred to in programmes to implement the Funds

Article 6 shall prepare programmes to for the period from 1 January 2021 to implement the Funds for the period 31 December 2027. This shall be done from 1 January 2021 to in cooperation with the partners 31 December 2027. referred to in Article 6.

• 2. 

  Member States shall submit [no change] 2. Member States shall submit Provisional common understanding I - 86 programmes to the Commission no programmes to the Commission no later than 3 months after the later than 3 months after the 2. Member States shall submit submission of the Partnership submission of the Partnership programmes to the Commission no

Agreement. Agreement or of the comprehensive later than 3 months after the submission set of information referred to in of the Partnership Agreement. For the Article 8(2). For the AMIF, the ISF AMIF, the ISF and the BMVI,

and the BMVI, Member States Member States shall submit shall submit programmes to the programmes to the Commission no

18 EP position: Recital (46) is amended as follows: (46) In order to hasten the start of programme implementation, the roll-over of implementation arrangements, including administrative and IT systems, from the previous programming period should be facilitated where possible. The use of the computerised system

already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Commission no later than 3 months later than 3 months after the entry after the entry into force of [this into force of [this Regulation] and Regulation] and [the relevant fund[the relevant fund-specific specific Regulation], whichever is Regulation], whichever is later. later.

• 3. 

  Member States shall prepare [no change] [no change] Provisional common understanding I - 87 programmes in accordance with the programme template set out in Annex [no change]

V.

For the AMIF, the ISF and the [no change] For the AMIF, the ISF and the Provisional common understanding I - 88 BMVI, the Member State shall BMVI, the Member States shall prepare programmes in accordance prepare programmes in accordance For the AMIF, the ISF and the BMVI,

with the programme template set out with the programme template set out the Member States shall prepare

in Annex VI. in Annex VI. programmes in accordance with the programme template set out in Annex VI.

Provisional common understanding I-88 BIS

3a. Where an environmental report is prepared in accordance with Directive 2001/42/EC, it shall be published on the programme website referred to in Article 44(1) of this Regulation.

Article 17 [no change] [no change] Provisional common understanding I - 89 Content of programmes

[no change]

• 1. 

  Each programme shall set out a [no change] [no change] Provisional common understanding I - 90 strategy for the programme's

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

contribution to the policy objectives

and the communication of its results. [no change]

• 2. 

  A programme shall consist of Amendment 141 2. A programme shall consist of one Provisional common understanding I - 91 priorities. Each priority shall or more priorities. Each priority shall correspond to a single policy A programme shall consist of correspond to a single policy 2. A programme shall consist of one or objective or to technical assistance. A priorities. Each priority shall objective or to technical assistance if more priorities. Each priority shall priority corresponding to a policy correspond to a single one or several it is implemented pursuant to correspond to a single policy objective objective shall consist of one or more policy objective objectives or to Article 30(4) or Article 32 and may or to technical assistance if it is specific objectives. More than one technical assistance. A priority use support from one or more implemented pursuant to Article priority may correspond to the same corresponding to a policy objective Funds. A priority corresponding to a 30(4) or Article 32 and may use policy objective. shall consist of one or more specific policy objective shall consist of one support from one or more Funds. A

  objectives. More than one priority or more specific objectives. More priority corresponding to a policy may correspond to the same policy than one priority may correspond to objective shall consist of one or more objective. the same policy objective. specific objectives. More than one priority may correspond to the same policy objective.

For programmes supported by the [no change] For programmes supported by the Provisional common understanding I - 92 EMFF, each priority may correspond EMFF, each priority may correspond to one or more policy objectives. to one or more policy objectives. For programmes supported by the

Specific objectives correspond to Specific objectives correspond to EMFF, each priority may correspond to areas of support as defined in Annex areas of support as defined in Annex one or more policy objectives. Specific

[III] to the EMFF Regulation. [III] to the EMFF Regulation. objectives correspond to areas of support as defined in Annex [III] to the EMFF Regulation.

For programmes supported by the [no change] For programmes supported by the Provisional common understanding I - 93 AMIF, the ISF and the BMVI, a AMIF, the ISF and the BMVI, a programme shall consist of specific programme shall use support from For programmes supported by the objectives. one Fund and consist of specific AMIF, the ISF and the BMVI, a

objectives. and of technical programme shall use support from one Fund and consist of specific

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

assistance specific objectives. objectives. and of technical assistance specific objectives.

• 3. 

  Each programme shall set out: [no change] [no change] Provisional common understanding I - 94

  [no change]

(a) a summary of the main [no change] [no change] Provisional common understanding I - 95 challenges, taking into account:

[no change]

(i) economic, social and territorial Amendment 142 [no change] Provisional common understanding I - 96 disparities, except for programmes supported by the EMFF; (i) economic, social and territorial (i) economic, social and territorial

disparities as well as inequalities, disparities as well as inequalities, except for programmes supported by except for programmes supported by the EMFF; the EMFF;

(ii) market failures, investment needs Amendment 143 (ii) market failures, ; Provisional common understanding I - 97 and complementarity with other forms of support; (ii) market failures, investment needs (ii) market failures, ;

and complementarity and synergies with other forms of support;

[no change] (ii bis) investment needs and Provisional common understanding I - 98 complementarity with other forms of

support; (ii bis) investment needs and complementarity and synergies with other forms of support;

(iii) challenges identified in relevant Amendment 144 (iii) challenges identified in relevant Provisional common understanding I - 99 country-specific recommendations country-specific recommendations, in

and other relevant Union (iii) challenges identified in the relevant national or regional (iii) challenges identified in relevant

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

recommendations addressed to the relevant country-specific strategies of that Member State, country-specific recommendations, in

Member State; recommendations and other relevant and, for the AMIF, ISF and BMVI, relevant national or regional

Union recommendations addressed to other relevant Union strategies of that Member State, the Member State; recommendations addressed to the including its National Energy and Member State; Climate Plan and in relation to the principles of the European Pillar of Social Rights, and, for the AMIF, ISF and BMVI, other relevant Union recommendations addressed to the Member State;

(iv) challenges in administrative Amendment 145 [no change] Provisional common understanding I - 100 capacity and governance;

(iv) challenges in administrative (iv) challenges in administrative capacity and governance and capacity and governance and simplification measures; simplification measures;

Amendment 146 Provisional common understanding I - 101

(iv a) an integrated approach to (iv a) an integrated approach to address demographic challenges, address demographic challenges, where relevant; where relevant;

(v) lessons learnt from past [no change] [no change] Provisional common understanding I - 102 experience;

[no change]

(vi) macro-regional strategies and [no change] [no change] Provisional common understanding I - 103 sea-basin strategies where Member

States and regions participate in such [no change] strategies;

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Amendment 147 Provisional common understanding I - 104

(vi a) challenges and related EP amendment withdrawn. See row 99. objectives identified within National Energy and Climate Plans and in the European Pillar of Social Rights;

(vii) for programmes supported by Amendment 148 (vii) for programmes supported by Provisional common understanding I - 105 the AMIF, the ISF and the BMVI, the AMIF, the ISF and the BMVI, progress in implementing the relevant (vii) for programmes supported by progress in implementing the relevant (vii) for programmes supported by the

Union acquis and action plans; the AMIF, the ISF and the BMVI, Union acquis and action plans and a AMIF, the ISF and the BMVI, progress progress in implementing the relevant justification for the choice of in implementing the relevant Union

Union acquis and action plans, as specific objectives; acquis and action plans and a well as identified shortcomings; justification for the choice of specific objectives;

Points (i), (ii) and (vi) of paragraph Provisional common understanding I - 106

3(a) shall not apply to programmes

supported by the AMIF, the ISF Points (i), (ii) and (vi) of paragraph

and the BMVI. 3(a) shall not apply to programmes

supported by the AMIF, the ISF and

the BMVI.

(b) a justification for the selected [no change] [no change] Provisional common understanding I - 107 policy objectives, corresponding priorities, specific objectives and the [no change] forms of support;

(c) for each priority, except for [no change] (c) for each priority, except for Provisional common understanding I - 108 technical assistance, specific technical assistance, specific

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

objectives; objectives, the types of intervention

and an indicative breakdown of the [no change]

programmed resources by type of

intervention or area of support 19 ; Comment: CONS AMD to be seen together with block 4 (when discussing

eligibility issues of codes of intervention at specific objective level)

(d) for each specific objective: [no change] [no change] Provisional common understanding I - 109

[no change]

(i) the related types of actions, Amendment 149 (i) the related types of actions, Provisional common understanding I - 110 including a list of planned operations including a list of planned operations of strategic importance, and their (i) the related types of actions, of strategic importance, and their (i) the related types of actions,

expected contribution to those including a an indicative list and expected contribution to those including a list of planned operations of

specific objectives and to macrotimetable of planned operations of specific objectives and to macrostrategic importance, and their expected

regional strategies and sea-basin strategic importance, and their regional strategies and sea-basin contribution to those specific objectives

strategies, where appropriate; expected contribution to those strategies, where appropriate; and to macro-regional strategies and specific objectives and to macrosea-basin strategies, where appropriate; regional strategies and sea-basin

strategies, where appropriate;

(ii) output indicators and result [no change] [no change] Provisional common understanding I - 111 indicators with the corresponding milestones and targets; [no change]

(iii) the main target groups; [no change] [no change] Provisional common understanding I - 112

19 Council position: N.B. The term “areas of support” is to be aligned throughout the text with the finally agreed nomenclature for the EMFF, in line with Annex II of the EMFF Regulation.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

[no change]

Amendment 150 Provisional common understanding I - 113

(iii a) actions safeguarding equality, (iii a) actions safeguarding equality, inclusion and non-discrimination; inclusion and non-discrimination;

(iv) specific territories targeted, [no change] (iv) indication of the specific Provisional common understanding I - 114 including the planned use of territories targeted, including the integrated territorial investment, planned use of integrated territorial (iv) indication of the specific community-led local development or investment, community-led local territories targeted, including the

other territorial tools; development or other territorial tools; planned use of integrated territorial

investment, community-led local development or other territorial tools;

(v) the interregional and Amendment 151 (v) the interregional and Provisional common understanding I - 115 transnational actions with transnational actions with beneficiaries located in at least one (v) the interregional, cross-border beneficiaries located in at least one (v) the interregional, cross-border and other Member State; and transnational actions with other Member State or outside the transnational actions with beneficiaries

beneficiaries located in at least one Union, where relevant; located in at least one other Member other Member State; State or outside the Union, where relevant;

Amendment 152 Provisional common understanding I - 116

(va ) sustainability of investments; EP AMD withdrawn

(vi) the planned use of financial [no change] [no change] Provisional common understanding I - 117 instruments;

[no change]

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Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

(e) the planned use of technical Provisional common understanding I - 118

assistance pursuant to Article 32 if

applicable, and relevant types of (e) the planned use of technical

intervention; assistance pursuant to Article 32 if

applicable, and relevant types of (e bis) for each priority on intervention; technical assistance implemented

pursuant to Article 30(4): (e bis) for each priority on technical

assistance implemented pursuant to (i) the related types of actions; Article 30(4):

(ii) output indicators with the (i) the related types of actions; corresponding milestones and targets; (ii) output indicators with the corresponding milestones and (iii) the main target groups; targets;

(iv) the types of intervention (iii) the main target groups; and an indicative breakdown of the programmed resources by (iv) the types of intervention and type of intervention or area of an indicative breakdown of the support; programmed resources by type of intervention or area of support;

(vii) the types of intervention and an [no change] (vii) the types of intervention and an Provisional common understanding I - 119 indicative breakdown of the indicative breakdown of the programmed resources by type of programmed resources by type of [no change] intervention or area of support; intervention or area of support;

Comment: To be seen together with block 4 (when discussing eligibility issues of codes of intervention at specific objective level)

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Amendment 153 Provisional common understanding I - 120

(vii a) a description of how EP AMD withdrawn complementarities and synergies with other Funds and instruments are to be pursued;

(e) the planned use of technical [no change] (e) the planned use of technical Provisional common understanding I - 121 assistance in accordance with Articles assistance in accordance with Articles

30 to 32 and relevant types of 30 to 32 and relevant types of (e) the planned use of technical intervention; intervention; assistance in accordance with Articles

30 to 32 and relevant types of intervention;

(f) a financing plan containing: [no change] [no change] Provisional common understanding I - 122

[no change]

(i) a table specifying the total [no change] (i) a table specifying the total Provisional common understanding I - 123 financial allocations for each of the financial allocations for each of the

Funds and for each category of region Funds and for each category of (i) a table specifying the total financial for the whole programming period region, where applicable, for the allocations for each of the Funds, and and by year, including any amounts whole programming period and by where applicable, for each category transferred pursuant to Article 21; year, including any amounts of region, for the whole programming

transferred pursuant to Article 21; period and by year, including any amounts transferred pursuant to Article 21;

(ii) a table specifying the total [no change] (ii) for programmes supported by Provisional common understanding I - 124 financial allocations for each priority ERDF, ESF+ and the Cohesion by Fund and by category of region Fund, a table specifying the total (ii) for programmes supported by and the national contribution and financial allocations for each priority ERDF, ESF+ and the Cohesion Fund,

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

whether it is made up of public and by Fund and by category of region a table specifying the total financial private contribution; and the national contribution and allocations for each priority by Fund

whether it is made up of public and and by category of region and the private contribution; national contribution and whether it is made up of public and private contribution;

(iii) for programmes supported by [no change] [no change] Provisional common understanding I - 125 the EMFF, a table specifying for each type of area of support, the amount of [no change] the total financial allocations of the support from the Fund and the national contribution;

(iv) for programmes supported by [no change] [no change] Provisional common understanding I - 126 the AMIF, the ISF and the BMVI, a

table specifying, by specific [no change]

objective, the total financial allocations by type of action, the national contribution and whether it is made up of public and private contribution;

(g) the actions taken to involve the [no change] [no change] Provisional common understanding I - 127 relevant partners referred to in Article

6 in the preparation of the [no change] programme, and the role of those partners in the implementation, monitoring and evaluation of the programme;

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

(h) for each enabling condition, [no change] (h) for each enabling condition Provisional common understanding I - 128 established in accordance with linked to the selected specific

Article 11, Annex III and Annex IV, objective, established in accordance (h) for each enabling condition linked an assessment of whether the with Article 11, Annex III and Annex to the selected specific objective, enabling condition is fulfilled at the IV, an assessment of whether the established in accordance with Article date of submission of the programme; enabling condition is fulfilled at the 11, Annex III and Annex IV, an

date of submission of the programme; assessment of whether the enabling condition is fulfilled at the date of submission of the programme;

(i) the envisaged approach to Amendment 154 (i) the envisaged approach to Provisional common understanding I - 129 communication and visibility for the communication and visibility for the programme through defining its (i) the envisaged approach to programme through defining its

objectives, target audiences, communication and visibility for the objectives, target audiences, (i) the envisaged approach to communication channels, social programme through defining its communication channels, social communication and visibility for the media outreach, planned budget and objectives, target audiences, media outreach, planned budget and programme through defining its relevant indicators for monitoring and communication channels, where relevant indicators for monitoring and objectives, target audiences, evaluation; appropriate social media outreach, as evaluation; communication channels, including

well as planned budget and relevant social media outreach, where indicators for monitoring and appropriate, planned budget and

evaluation; relevant indicators for monitoring and evaluation;

(j) the managing authority, the audit Amendment 155 (j) the managing authority, the audit Provisional common understanding I - 130 authority and the body which authorityprogramme authorities and receives payments from the (j) the managing authority, the audit the body or in case of technical (j) the managing authority, the audit

Commission. authority, the body responsible for assistance pursuant to Article authorityprogramme authorities and the accounting function under 30(5), where applicable bodies the body or in case of technical

Article 70, and the body which which receivesreceive payments assistance pursuant to Article 30(5), receives payments from the from the Commission. where applicable bodies which Commission. receivesreceive payments from the Commission.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Points (c) and (d) of this paragraph Amendment 156 Points (c) andPoint (d) of this Provisional common understanding I - 131 shall not apply to the specific paragraph shall not apply to the objective set out in Article [4(c)(vii)] Points (c) and (d) of this paragraph specific objective set out in Article Points (a) (i), (ii) and (vi) of this of the ESF+Regulation. shall not apply to the specific [4(c)(vii1)(xi)] of the paragraph shall not apply to

objective set out in Article [4(c)(vii)] ESF+Regulation. programmes limited to supporting [4(1)(xi)] of the ESF+Regulation. the specific objective set out in Article 4(1)(xi) of the ESF+ Regulation. Points (c) andPoint (d) of this paragraph shall not apply to the specific objective set out in Article [4(c)(vii1)(xi)] of the ESF+Regulation.

When submitting the programme Provisional common understanding I - 132 for the ERDF, the Cohesion Fund, the ESF+ and the EMFF, this shall When submitting the programme for be accompanied by a list of planned the ERDF, the Cohesion Fund, the operations of strategic importance, ESF+ and the EMFF, this shall be for information purposes. accompanied for information purposes by a list of planned operations of strategic importance, with a timetable.

If, in accordance with point (j), Provisional common understanding I - 132 A

more than one body is identified,

the Member State shall set out the “If, in accordance with point (j), more share of the reimbursed amounts than one body is identified to receive between those bodies. payments from the Commission, the

Member State shall set out the share of the reimbursed amounts between those bodies.”

Where a Partnership Agreement is Provisional common understanding I - 132 B

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

not prepared, the programme shall

also include the information set out CONS AMD withdrawn

in points (ii) and (iii) of Article 8(1)(b).

Amendment 157 Provisional common understanding I - 133

An environmental report containing AMD withdrawn, covered by line I-88 relevant information on the effects bis on the environment in accordance with Directive 2001/42/EC i shall be annexed to the programme, taking into account climate change mitigation needs.

• 4. 

  By way of derogation from point [no change] 4. By way of derogation from point Provisional common understanding I - 134 (d) of paragraph 3, for each specific (b) to (d) of paragraph 3, for each objective of programmes supported specific objective of programmes 4. By way of derogation from point (b) by the AMIF, the ISF and the BMVI supported by the AMIF, the ISF and to (d) of paragraph 3, for each specific the following shall be provided: the BMVI the following shall be objective of programmes supported by

  provided: the AMIF, the ISF and the BMVI the following shall be provided:

(a) a description of the initial [no change] [no change] Provisional common understanding I - 135 situation, challenges and responses supported by the Fund; [no change]

(b) indication of the operational [no change] (b) indication of the operational Provisional common understanding I - 136 objectives; objectivesimplementation

measures; (b) indication of the operational objectives implementation measures;

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

(c) an indicative list of actions and [no change] (c) an indicative list of actions and Provisional common understanding I - 137 their expected contribution to the their expected contribution to the specific and operational objectives; specific and operational objectives; (c) an indicative list of actions and

their expected contribution to the specific and operational objectives;

(d) where applicable, a justification [no change] [no change] Provisional common understanding I - 138 for the operating support, specific actions, emergency assistance, and [no change] actions as referred to in Articles [16 and 17] of the AMIF regulation;

(e) output and result indicators with [no change] [no change] Provisional common understanding I - 139 the corresponding milestones and targets; [no change]

(f) an indicative breakdown of the [no change] [no change] Provisional common understanding I - 140 programmed resources by type of intervention. [no change]

• 5. 

  Types of intervention shall be [no change] 5. Types of intervention shall be Provisional common understanding I - 141 based on a nomenclature set out in based on a nomenclature set out in

Annex I. For programmes supported Annex I. For programmes supported 5. Types of intervention shall be based by the AMIF, the ISF and the BMVI, by the EMFF, AMIF, the ISF and the on a nomenclature set out in Annex I. types of intervention shall be based BMVI, types of intervention shall be For programmes supported by the on a nomenclature set out in the based on a nomenclature set out in EMFF, AMIF, the ISF and the BMVI, Fund-specific Regulations. the Fund-specific Regulations. types of intervention shall be based on

a nomenclature set out in the Fundspecific Regulations.

• 6. 

  For ERDF, ESF+ and Cohesion Amendment 158 6. For ERDF, ESF+ and Cohesion Provisional common understanding I - 142 Fund programmes submitted in Fund programmes submitted in

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

accordance with Article 16, the table accordance with Article 16, the table

referred to in paragraph (3)(f)(ii) 6. For ERDF, ESF+ and Cohesion referred to in paragraph (3)(f)(ii) 6. For ERDF, ESF+ and Cohesion shall include the amounts for the Fund programmes submitted in shall include the amounts for the Fund programmes submitted in

years 2021 to 2025 only. accordance with Article 16, the table referred to in paragraph (3)(f)(ii) years 2021 to 2025 only. accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall

shall include the amounts for the include the amounts for the years 2021 years 2021 to 2027 2025 only. to 2027 2025 only; including the flexibility amount.

• 7. 

  The Member State shall [no change] [no change] Provisional common understanding I - 143 communicate to the Commission any changes in the information referred to [no change] in paragraph (3)(j) without requiring a programme amendment.

  Article 18 [no change] [no change] Provisional common understanding I - 144 Approval of programmes

  [no change]

• 1. 

  The Commission shall assess the Amendment 160 20 1. The Commission shall assess the Provisional common understanding I - 145 programme and its compliance with programme and its compliance with this Regulation and with the Fund 1. The Commission shall assess the this Regulation and with the Fund 1. The Commission shall assess the specific Regulations, as well as its programme and its compliance with specific Regulations, as well as its programme and its compliance with consistency with the Partnership this Regulation and with the Fundconsistency with the relevant this Regulation and with the Fund

Agreement. In its assessment, the specific Regulations, as well as its Partnership Agreement. or with the specific Regulations, as well as, for the

Commission shall, in particular, take consistency with the Partnership relevant comprehensive set of ERDF, ESF+, Cohesion Fund and into account relevant country-specific Agreement. In its assessment, the information referred to in Article EMFF, its consistency with the recommendations. Commission shall, in particular, take 8(2). In its assessment, the relevant Partnership Agreement. In its

into account relevant country-specific Commission shall, in particular, take assessment, the Commission shall, in

20 EP position: The second sentence of recital (13) is amended as follows: (13) (...) During the 2021–2027 programming period ('programming period'), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs, as well as of the European Pillar of Social Rights. (...)

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

recommendations, as well as relevant into account how relevant countryparticular, take into account relevant challenges identified in the specific recommendations have been country-specific recommendations, implementation of the Integrated addressed. relevant challenges identified in the National Energy and Climate Plans National Energy and Climate Plan, and in the European Pillar of Social and the principles of the European Rights and the way they are Pillar of Social Rights, and the way addressed. they are addressed.

• 2. 

  The Commission may make Amendment 161 [no change] Provisional common understanding I - 146 observations within three months of the date of submission of the 2. The Commission may make [no change] programme by the Member State. observations within three two months

  of the date of submission of the programme by the Member State.

• 3. 

  The Member State shall review Amendment 162 [no change] Provisional common understanding I - 147 the programme taking into account the observations made by the 3. The Member State shall review 3. The Member State shall review the

Commission. the programme taking into account programme taking into account the the observations made by the observations made by the Commission. Commission within two months of

their submission.

• 4. 

  The Commission shall adopt a Amendment 163 [no change] Provisional common understanding I - 148 decision by means of an implementing act approving the 4. The Commission shall adopt a 4. The Commission shall adopt a programme no later than six months decision by means of an decision by means of an implementing after the date of submission of the implementing act approving the act approving the programme no later programme by the Member State. programme no later than six five than six five months after the date of

  months after the date of the first the first submission of the programme submission of the programme by the by the Member State. Member State.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Article 19 [no change] [no change] Provisional common understanding I - 149 Amendment of programmes

[no change]

• 1. 

  The Member State may submit [no change] [no change] Provisional common understanding I - 150 a motivated request for an amendment of a programme together [no change] with the amended programme setting out the expected impact of that amendment on the achievement of the objectives.

• 2. 

  The Commission shall assess the Amendment 164 2. The Commission shall assess the Provisional common understanding I - 151 amendment and its compliance with amendment and its compliance with this Regulation and with the Fund 2. The Commission shall assess the this Regulation and with the Fund 2. The Commission shall assess the

specific Regulations, including amendment and its compliance with specific Regulations, including amendment and its compliance with

requirements at national level, and this Regulation and with the Fundrequirements at national level, and this Regulation and with the Fundmay make observations within three specific Regulations, including may make observations within three specific Regulations, including months of the submission of the requirements at national level, and two months of the submission of the requirements at national level, and may amended programme. may make observations within three amended programme. make observations within three two

two months of the submission of the months of the submission of the amended programme. amended programme.

• 3. 

  The Member State shall review the Amendment 165 [no change] Provisional common understanding I - 152 amended programme and take into account the observations made by the 3. The Member State shall review the 3. The Member State shall review the

Commission. amended programme and take into amended programme and take into account the observations made by the account the observations made by the Commission within two months of Commission.

their submission.

• 4. 

  The Commission shall approve Amendment 166 4. The Commission shall approve Provisional common understanding I - 153

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COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

the amendment of a programme no the amendment of a programme no

later than six months after its 4. The Commission shall approve later than six four months after its 4. The Commission shall approve the

submission by the Member State. the amendment of a programme no later than six three months after its submission by the Member State. amendment of a programme no later than six four months after its

submission by the Member State. submission by the Member State.

• 5. 

  The Member State may transfer Amendment 167 5. For the programmes supported Provisional common understanding I - 154 during the programming period an by the ERDF, Cohesion Fund and amount of up to 5 % of the initial The Member State may transfer ESF+, the Member State may 5.For the programmes supported by allocation of a priority and no more during the programming period an transfer during the programming the ERDF, Cohesion Fund and ESF+, than 3 % of the programme budget to amount of up to 5 7 % of the initial period an amount of up to 5 %8%, the Member State may transfer during another priority of the same Fund of allocation of a priority and no more of the initial allocation of a priority the programming period an amount of the same programme. For the than 3 5 % of the programme budget and no more than 3 4% of the up to 5 %8%, of the initial allocation of programmes supported by the ERDF to another priority of the same Fund programme budget to another a priority and no more than 3 4% of the and ESF+, the transfer shall only of the same programme. In doing so priority of the same Fund of the programme budget to another priority concern allocations for the same the Member State shall respect the same programme. For the of the same Fund of the same category of region. code of conduct established by the programmes supported by the ERDF programme. For the programmes

  Commission Delegated Regulation and ESF+, the transfer shall only supported by the ERDF and ESF+, the (EU) No 240/2014. For the concern allocations for the same transfer shall only concern allocations programmes supported by the ERDF category of region. for the same category of region. and ESF+, the transfer shall only concern allocations for the same category of region.

  For the programmes supported by Provisional common understanding I - 155

  the EMFF, the Member State may

  transfer during the programming For the programmes supported by

  period an amount of up to 10% of the EMFF, the Member State may

  the initial allocation of a Union transfer during the programming

  priority to another Union priority; period an amount of up to 8% of the

  initial allocation of a Union priority to another Union priority;

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

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Compromise proposal, comments Row

For the programmes supported by Provisional common understanding I - 156

the AMIF, the ISF and the BMVI,

the Member State may transfer For the programmes supported by

during the programming period the AMIF, the ISF and the BMVI,

allocations between types of the Member State may transfer actions within the same specific during the programming period objective and, in addition, an allocations between types of actions

amount of up to 15% of the initial within the same specific objective allocation of a priority to another and, in addition, an amount of up to priority of the same Fund. 15% of the initial allocation of a priority to another priority of the same Fund.

Such transfers shall not affect [no change] [no change] Provisional common understanding I - 157 previous years. They shall be considered to be not substantial and Such transfers shall not affect previous shall not require a decision of the years. They shall be considered to be

Commission amending the not substantial and shall not require a programme. They shall however, decision of the Commission amending comply with all regulatory the programme. They shall however, requirements. The Member State comply with all regulatory shall submit to the Commission the requirements and shall be approved revised table referred to under points by the monitoring committee in

(f)(ii), (f)(iii) or (f)(iv) of Article advance. The Member State shall

17(3) as applicable. submit to the Commission the revised table referred to under points (f)(ii),

(f)(iii) or (f)(iv) of Article 17(3) as applicable.

• 6. 

  The approval of the Commission Amendment 168 [no change] Provisional common understanding I - 158 shall not be required for corrections of a purely clerical or editorial nature 6. The approval of the [no change]

ANNEX ECOMP.2 EN

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COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

that do not affect the implementation Commission shall not be required for of the programme. Member States corrections of a purely clerical, shall inform the Commission of such technical or editorial nature that do corrections. not affect the implementation of the

programme. Member States shall inform the Commission of such corrections.

• 7. 

  For programmes supported by [no change] [no change] Provisional common understanding I - 159 the EMFF, amendments to the programmes relating to the [no change] introduction of indicators shall not require the approval of the

Commission.

Article 20 [no change] [no change] Provisional common understanding I - 160 Joint support from the ERDF, the

ESF+ and the Cohesion Fund [no change]

• 1. 

  The ERDF, the ESF+ and the [no change] [no change] Provisional common understanding I - 161 Cohesion Fund may jointly provide support for programmes under the [no change]

Investment for jobs and growth goal.

• 2. 

  The ERDF and the ESF+ may Amendment 169 [no change] Provisional common understanding I - 162 finance, in a complementary manner and subject to a limit of 10 % of 2. The ERDF and the ESF+ may 2. The ERDF and the ESF+ may support from those Funds for each finance, in a complementary manner finance, in a complementary manner priority of a programme, all or part of and subject to a limit of 10% 15 % of and subject to a limit of 10% 15% of an operation for which the costs are support from those Funds for each support from those Funds for each eligible for support from the other priority of a programme, all or part of priority of a programme, all or part of

Fund on the basis of eligibility rules an operation for which the costs are an operation for which the costs are

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

applied to that Fund, provided that eligible for support from the other eligible for support from the other Fund such costs are necessary for the Fund on the basis of eligibility rules on the basis of eligibility rules applied implementation. applied to that Fund, provided that to that Fund, provided that such costs

such costs are necessary for the are necessary for the implementation. implementation. Comment: Commission noted their opposition to this compromise.

Article 21 [no change] [no change] [provisional common understanding on I - 163 Transfer of resources the Title only]

[no change]

• 1. 

  Member States may request the Amendment 170 1. Member States may request the I - 164 transfer of up to 5 % of programme transfer of up to [5 %] of programme financial allocations from any of the 1. For the purpose of ensuring financial allocations from any of the

Funds to any other Fund under shared flexibility, Member States may Funds to any other Fund under

management or to any instrument request, if agreed by the monitoring shared management or to any under direct or indirect management. committee of the programme, the instrument under direct or indirect

transfer of up to 5% of programme management. financial allocations from any of the Funds to the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, or the European Maritime and Fisheries Fund any other Fund under shared management or to any instrument under direct or indirect management.

• 2. 

  Transferred resources shall be Amendments 171 and 434 [no change] I - 165 implemented in accordance with the rules of the Fund or the instrument to 2. Transferred resources shall be

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

which the resources are transferred implemented in accordance with the and, in the case of transfers to rules of the Fund or the instrument to instruments under direct or indirect which the resources are transferred management, for the benefit of the and, in the case of transfers to

Member State concerned. instruments under direct or indirect management, for the benefit of the Member State concerned.

• 3. 

  Requests under paragraph 1 shall Amendments 172, 433 and 434 [no change] I - 166 set out the total amount transferred for each year by Fund and by 3. Requests under paragraph 1 shall category of region, where relevant, set out the total amount transferred shall be duly justified and shall be for each year by Fund and by accompanied by the revised category of region, where relevant, programme or programmes, from shall be duly justified with a view to which the resources are to be the complementarities and impact to transferred in accordance with Article be achieved, and shall be

19 indicating to which other Fund or accompanied by the revised instrument the amounts are programme or programmes, from transferred. which the resources are to be

transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.

• 4. 

  The Commission may object to a [no change] 4. After consultation with the I - 167 request for transfer in the related Member State concerned, the programme amendment where this Commission may object to a request would undermine the achievement of for transfer in the related programme the objectives of the programme from amendment where this would

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

which the resources are to be undermine the achievement of the transferred. objectives of the programme from

which the resources are to be transferred.

• 5. 

  Only resources of future calendar [no change] [no change] I - 168 years may be transferred.

Amendment 173 21 Provisional common understanding I - 169

CHAPTER I a - Major projects [EP amendment withdrawn]

Amendment 174 Provisional common understanding I - 170

Article 21 a (new) [EP amendment withdrawn]

Content

As part of a programme or programmes, the ERDF and the Cohesion Fund may support an operation comprising a series of works, activities or services intended

21 EP position: The following new recital is to be added: (22a) Major projects represent a substantial share of Union spending and are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth. It is therefore justified that operations above certain thresholds continue to be subject to specific approval procedures under this Regulation. The threshold should be established in relation to total

eligible cost after taking account of expected net revenues. To ensure clarity, it is appropriate to define the content of a major project application for such a purpose. The application should contain the necessary information to provide assurance that the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union. The Member State should submit all required information and the Commission should appraise the major project to determine whether the requested financial contribution is justified.

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and for which the total eligible cost exceeds EUR 100 000 000 (the 'major project'). Financial instruments shall not be considered to be major projects.

Amendment 175 Provisional common understanding I - 171

Article 21 b (new) [EP amendment withdrawn]

Information necessary for the approval of a major project

Before a major project is approved, the managing authority shall submit to the Commission the following information:

(a) details concerning the body to be responsible for implementation of the major project, and its capacity;

(b) a description of the investment and its location;

(c) the total cost and total eligible cost;

(d) feasibility studies carried out, including the options analysis, and

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

the results;

(e) a cost-benefit analysis, including an economic and a financial analysis, and a risk assessment;

(f) an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience;

(g) an explanation as to how the major project is consistent with the relevant priorities of the programme or programmes concerned, and its expected contribution to achieving the specific objectives of those priorities and the expected contribution to socio-economic development;

(h) the financing plan showing the total planned financial resources and the planned support from the Funds, the EIB, and all other sources of financing, together with physical and financial indicators for monitoring progress, taking account of the identified risks;

(i) the timetable for implementing the major project and, where the implementation period is expected to

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

be longer than the programming period, the phases for which support from the Funds is requested during the programming period.

Amendment 176 Provisional common understanding I - 172

Article 21 c (new) [EP amendment withdrawn]

Decision on a major project

• 1. 

  The Commission shall appraise the major project on the basis of the information referred to in Article 21b in order to determine whether the requested financial contribution for the major project selected by the managing authority is justified. The Commission shall adopt a decision on the approval of the financial contribution to the selected major project, by means of an implementing act, no later than three months after the date of submission of the information referred to in Article 21b.

• 2. 

  The approval by the Commission Provisional common understanding I - 173

under paragraph 1 shall be

conditional on the first works [EP amendment withdrawn]

contract being concluded, or, in the

case of operations implemented

under PPP structures, on the

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

signing of the PPP agreement between the public body and the private sector body, within three years of the date of the approval.

• 3. 

  Where the Commission does not Provisional common understanding I - 174

approve the financial contribution to

the selected major project, it shall [EP amendment withdrawn]

give in its decision the reasons for its

refusal.

• 4. 

  Major projects submitted for Provisional common understanding I - 175

approval under paragraph 1 shall be

contained in the list of major [EP amendment withdrawn]

projects in a programme.

• 5. 

  Expenditure relating to a major Provisional common understanding I - 176

project may be included in a

payment application after the [EP amendment withdrawn]

submission for approval referred to in paragraph 1. Where the Commission does not approve the major project selected by the managing authority, the declaration of expenditure following the withdrawal of the application by the Member State or the adoption of the Commission decision shall be rectified accordingly.

(* This amendment will require consequential adjustments to Annex

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

V.)

CHAPTER II [no change] [no change] Provisional common understanding I - 177 Territorial development

[no change]

Article 22 [no change] [no change] Provisional common understanding I - 178 Integrated territorial development

[no change]

The Member State shall support [no change] TheWhere a Member State shall [provisional common understanding I - 179 integrated territorial development supportsupports integrated territorial through territorial and local development, it shall do so through TheWhere a Member State shall development strategies in any of the territorial andor local development supportsupports integrated territorial following forms: strategies in any of the following development, it shall do so through

forms: territorial andor local development strategies in any of the following forms:

(a) integrated territorial investments; [no change] [no change] Provisional common understanding I - 180

[no change]

(b) community-led local [no change] [no change] Provisional common understanding I - 181 development;

[no change]

(c) another territorial tool supporting Amendment 177 (c) another territorial tool supporting Provisional common understanding I - 182 initiatives designed by the Member initiatives designed by the Member

State for investments programmed for (c) another territorial tool supporting State for investments programmed for (c) another territorial tool supporting the ERDF under the policy objective initiatives designed by the Member the ERDF under the policy objective initiatives designed by the Member referred in Article 4(1)(e). State for investments programmed for referred in Article 4(1)(e).. State or investments programmed for

the ERDF under the policy objective the ERDF under the policy objective

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

referred in Article 4(1)(e). referred in Article 4(1)(e).

Amendment 178 Provisional common understanding I - 183

The Member State shall ensure When implementing territorial or coherence and coordination when local development strategies under local development strategies are more than one Fund, the Member financed by more than one Fund. State shall ensure coherence and coordination among the Funds concerned.

Article 23 [no change] [no change] Provisional common understanding I - 184 Territorial strategies

[no change]

• 1. 

  Territorial strategies implemented [no change] [no change] Provisional common understanding I - 185 pursuant to points (a) or (c) of Article

22 shall contain the following [no change] elements:

(a) the geographical area covered by Amendment 179 [no change] Provisional common understanding I - 186 the strategy;

(a) the geographical area covered by [no change] the strategy including economic, social and environmental interlinkages;

(b) an analysis of the development [no change] [no change] Provisional common understanding I - 187 needs and the potential of the area;

• b) 

  an analysis of the development needs and the potential of the area, including economic, social and environmental

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COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

interlinkages;

(c) a description of an integrated [no change] (c) a description of an integrated Provisional common understanding I - 188 approach to address the identified approach to address the identified development needs and the potential; development needs and the potential (c) a description of an integrated

of the area; approach to address the identified development needs and the potential of the area;

(d) a description of the involvement Amendment 180 (d) a description of the involvement Provisional common understanding I - 189 of partners in accordance with Article of partners in accordance with Article

6 in the preparation and in the d) a description of the involvement 6 in the preparation and in the [no change]

implementation of the strategy. of partners in accordance with under implementation of the strategy.

Article 6 in the preparation and in the implementation of the strategy.

They may also contain a list of [no change] [no change] Provisional common understanding I - 190 operations to be supported.

[no change]

• 2. 

  Territorial strategies shall be Amendment 181 2. Territorial strategies shall be Provisional common understanding I - 191 drawn up under the responsibility of drawn up under the responsibility of the relevant urban, local or other 2. Territorial strategies shall be the relevant urban, local or other 2. Territorial strategies shall be drawn territorial authorities or bodies. drawn up prepared and endorsed territorial authorities or bodies. up under the responsibility of the

  under the responsibility of the relevant urban, local or other territorial relevant urban regional, local or and authorities or bodies. Existing other territorial public authorities or strategic documents concerning the bodies. Pre-existing strategic covered areas may be used for documents concerning the covered territorial strategies. areas may be updated and used for territorial strategies.

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Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

• 3. 

  Where the list of operations to be Amendment 182 [no change] Provisional common understanding I - 192 supported has not been included in the territorial strategy, the relevant Where the list of operations to be 3. Where the list of operations to be urban, local or other territorial supported has not been included in supported has not been included in the authorities or bodies shall select or the territorial strategy, the relevant territorial strategy, the relevant urban, shall be involved in the selection of urban, regional, local or other local or other territorial authorities or operations. territorial authorities or bodies shall bodies shall select or shall be involved

  select or shall be involved in the in the selection of operations. selection of operations.

Amendment 183 Provisional common understanding I - 193

3 a. When preparing territorial 3 a. When preparing territorial strategies, the authorities referred to strategies, the authorities referred to in paragraph 2 shall cooperate with in paragraph 2 shall cooperate with relevant managing authorities, in relevant managing authorities, in order to determine the scope of order to determine the scope of operations to be supported under the operations to be supported under the relevant programme. relevant programme.

Selected operations shall comply with [no change] [no change] Provisional common understanding I - 194 the territorial strategy.

[no change]

• 4. 

  Where an urban, local or other Amendment 184 [no change] Provisional common understanding I - 195 territorial authority or body carries out tasks falling under the 4. Where an urban a regional, local 4. Where an urban, local or other responsibility of the managing or other territorial public authority or territorial authority or body carries out authority other than the selection of other body carries out tasks falling tasks falling under the responsibility of operations, the authority shall be under the responsibility of the the managing authority other than the identified by the managing authority managing authority other than the selection of operations, the authority as an intermediate body. selection of operations, the authority shall be identified by the managing

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COM(2018)375 i (EP amendments)

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(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

shall be identified by the managing authority as an intermediate body. authority as an intermediate body.

Amendment 185 Provisional common understanding I - 196

The selected operations may be Comment: EP amendment withdrawn. supported under more than one priority of the same programme.

• 5. 

  Support may be provided for [no change] [no change] Provisional common understanding I - 197 the preparation and design of

territorial strategies. [no change]

Article 24 [no change] [no change] Provisional common understanding I - 198 Integrated territorial investment

[no change]

• 1. 

  Where a strategy implemented in Amendment 186 [no change] Provisional common understanding I - 199 accordance with Article 23 involves investments that receive support from 1. Where a strategy implemented in 1. Where a strategy implemented in one or more Funds, from more than accordance with Article 23 involves accordance with Article 23 involves one programme or from more than investments that receive support from investments that receive support from one priority of the same programme, one or more Funds than one Fund, one or more Funds than one Fund, actions may be carried out as an from more than one programme or from more than one programme or from integrated territorial investment from more than one priority of the more than one priority of the same

('ITI'). same programme, actions may be programme, actions may be carried out carried out as an integrated territorial as an integrated territorial investment

investment ('ITI'). Where ('ITI'). Where appropriate, each ITI appropriate, each ITI may be may be complemented by financial complemented by financial support support from the EAFRD. from the EAFRD.

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

• 2. 

  The managing authority shall [no change] 2. The managing authority shall Provisional common understanding I - 200 ensure that the electronic system for ensure that the electronic system for the programme or programmes the programme or programmes 2. The managing authority shall ensure provides for the identification of provides for the identification of that the electronic system for the operations and outputs and results operations and outputs and results programme or programmes provides for contributing to an ITI. contributing to an ITI. the identification of operations and

  outputs and results contributing to an ITI.

Amendment 187 Provisional common understanding I - 201

2a. Where the list of operations to be Comment: EP amendment withdrawn. supported has not been included in the territorial strategy, the relevant regional, local, other public authorities or bodies shall be involved in the selection of operations.

Article 25 [no change] [no change] Provisional common understanding I - 202 Community-led local development

[no change]

• 1. 

  The ERDF, the ESF+ and the Amendment 188 22 1. The ERDF, the ESF+ [, the To be considered under block 7. I - 203 EMFF may support community-led EAFRD as referred to in local development. 1. The ERDF, the ESF+, and the Regulation XX/XXXX] and the

  EMFF and the EAFRD may shall EMFF may support community-led

22 EP position: Recital (23) is amended as follows: (23) To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments ('ITI'), community-led local development ('CLLD', known as 'LEADER' under the EAFRD), or any other territorial tool under policy objective "a Europe closer to citizens" supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. The same should apply to related initiatives such as the Smart Villages. (...)

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COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

support community-led local local development. development. In the context of the EAFRD, such development shall be designated as LEADER local development.

• 2. 

  The Member State shall ensure [no change] [no change] Provisional common understanding I - 204 that community-led local development is: [no change]

(a) focused on subregional areas; [no change] [no change] Provisional common understanding I - 205

[no change]

(b) led by local action groups Amendment 189 (b) led by local action groups Provisional common understanding I - 206 composed of representatives of public composed of representatives of public and private local socio-economic (b) led by local action groups and private local socio-economic [no change] interests, in which no single interest composed of representatives of public interests, in which no single interest group controls the decision-making; and private local socio-economic group controlscontrol the decisioninterests,

in which no single interest making; group, including the public sector, controls the decision-making;

(c) carried out through integrated [no change] [no change] Provisional common understanding I - 207 strategies in accordance with Article

26; [no change]

(d) supportive of networking, Amendment 190 [no change] Provisional common understanding I - 208 innovative features in the local context and, where appropriate, (d) supportive of networking, bottomd) supportive of networking,

cooperation with other territorial up approaches, accessibility, accessibility, innovative features in the

actors. innovative features in the local local context and, where appropriate, context and, where appropriate,

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

cooperation with other territorial cooperation with other territorial actors. actors.

• 3. 

  Where support to strategies [no change] [no change] Provisional common understanding I - 209 referred to in paragraph 2(c) is available from more than one Fund, [no change] the relevant managing authorities shall organise a joint call for selection of those strategies and establish a joint committee for all the Funds concerned to monitor the implementation of those strategies.

The relevant managing authorities may choose one of the Funds concerned to support all preparatory, management and animation costs referred to in points (a) and (c) of

Article 28(1) related to those strategies.

• 4. 

  Where the implementation of such Amendment 191 [no change] Provisional common understanding I - 210 a strategy involves support from more than one Fund, the relevant 4. Where the implementation of such [no change] managing authorities may choose one a strategy involves support from of the Funds concerned as the Lead more than one Fund, the relevant

Fund. managing authorities may choose one of the Funds concerned as the Lead

Fund. The type of measures and operations to be financed by each affected Fund may also be specified.

• 5. 

  The rules of the Lead Fund shall [no change] [no change] Provisional common understanding I - 211

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apply to that strategy. The authorities

of other funds shall rely on decisions 5. While respecting the scope and the and management verifications made eligibility rules of each fund involved by the competent Lead Fund in supporting the strategy, the rules

authority. of the Lead Fund shall apply to that strategy. The authorities of other funds

shall rely on decisions and management verifications made by the competent Lead Fund authority.

• 6. 

  The authorities of the Lead Fund [no change] [no change] Provisional common understanding I - 212 shall provide the authorities of other

Funds with information necessary to [no change] monitor and make payments in accordance with the rules set out in the Fund-specific Regulation.

• 7. 

  Where the European Provisional common understanding I - 213

Agricultural Fund for Rural

Development (EAFRD) supports [7. Where the European Agricultural

strategies referred to in paragraph Fund for Rural Development

2(c) via LEADER, in accordance (EAFRD) supports strategies

with Article [71] of Regulation referred to in paragraph 2(c) via

[CAP Plan], paragraphs 3 to 6 shall LEADER, in accordance with Article

also apply to the EAFRD and to the [71] of Regulation [CAP Plan],

respective programme authorities. paragraphs 3 to 6 shall also apply to

the EAFRD and to the respective

programme authorities.]

(bracketed subject to the outcome of discussions on block 7)

Article 26 [no change] [no change] Provisional common understanding I - 214

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COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Community-led local development

strategies [no change]

• 1. 

  The relevant managing [no change] [no change] Provisional common understanding I - 215 authorities shall ensure that each strategy referred to in Article 25(2)(c) [no change] sets out the following elements:

(a) the geographical area and [no change] [no change] Provisional common understanding I - 216 population covered by that strategy;

[no change]

(b) the community involvement [no change] [no change] Provisional common understanding I - 217 process in the development of that strategy; [no change]

(c) an analysis of the development [no change] [no change] Provisional common understanding I - 218 needs and potential of the area;

[no change]

(d) the objectives of that strategy, Amendment 192 [no change] Provisional common understanding I – 219 including measurable targets for results, and related planned actions; (d) the objectives of that strategy, [no change]

including measurable targets for results, and related planned actions in response to local needs as identified by the local community;

Provisional common understanding I – 219 A

(d) The type of measures and operations to be financed by each

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COM(2018)375 i (EP amendments)

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(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

affected Fund may also be specified;

 (e) the management, monitoring and [no change] [no change] Provisional common understanding I - 220 evaluation arrangements, demonstrating the capacity of the [no change] local action group to implement that strategy;

(f) a financial plan, including the Amendment 193 [no change] Provisional common understanding I - 221 planned allocation from each Fund

and programme concerned. f) a financial plan, including the f) a financial plan, including the

planned allocation from each Fund, planned allocation from each Fund, including where appropriate the including where appropriate the EAFRD, and each programme EAFRD, and each programme concerned. concerned.

• 2. 

  The relevant managing [no change] [no change] Provisional common understanding I - 222 authorities shall define criteria for the selection of those strategies, set up a [no change] committee to carry out this selection and approve the strategies selected by that committee.

• 3. 

  The relevant managing [no change] 3. The relevant managing authorities Provisional common understanding I - 223 authorities shall complete the first shall complete the first round of round of selection of strategies and selection of strategies and ensure the 3. The relevant managing authorities ensure the local action groups local action groups selected can fulfil shall complete the first round of selected can fulfil their tasks set out their tasks set out in Article 27(3) selection of strategies and ensure the in Article 27(3) within 12 months of within 12 months of the date of the local action groups selected can fulfil the date of the approval of the approval of the relevant programme their tasks set out in Article 27(3) relevant programme or, in the case of or, in the case of strategies supported within 12 months of the date of the strategies supported by more than one by more than one Fund, within 1218 approval of the relevant programme or,

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COM(2018)375 i (EP amendments)

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(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

Fund, within 12 months of the date of months of the date of the approval of in the case of strategies supported by the approval of the last programme the last programme concerned. more than one Fund, within 12 months concerned. of the date of the approval of the last

programme concerned.

• 4. 

  The decision approving a Amendment 194 [no change] Provisional common understanding I - 224 strategy shall set out the allocation of each Fund and programme concerned 4. The decision approving a strategy [no change] and set out the responsibilities for the shall set out the allocation of each management and control tasks under Fund and programme concerned and the programme or programmes. set out the responsibilities for the

  management and control tasks under the programme or programmes. Corresponding national public contributions shall be guaranteed upfront for the whole period.

  Article 27 [no change] [no change] Provisional common understanding I - 225 Local action groups

  [no change]

• 1. 

  Local action groups shall [no change] [no change] Provisional common understanding I - 226 design and implement the strategies referred to in Article 25(2)(c). [no change]

• 2. 

  The managing authorities shall Amendment 195 [no change] Provisional common understanding I - 227 ensure that the local action groups either select one partner within the 2. The managing authorities shall 2. The managing authorities shall group as a lead partner in ensure that the local action groups ensure that the local action groups are administrative and financial matters, are inclusive, and that they either inclusive, and that they either select or come together in a legally select one partner within the group as one partner within the group as a lead constituted common structure. a lead partner in administrative and partner in administrative and financial

  financial matters, or come together in matters, or come together in a legally

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

a legally constituted common constituted common structure, structure, in order to implement tasks relating to the community-led local development strategy.

• 3. 

  The local action groups, [no change] [no change] Provisional common understanding I - 228 exclusively, shall carry out all of the following tasks: [no change]

(a) building the capacity of local Amendment 196 [no change] Provisional common understanding I - 229 actors to develop and implement operations; (a) building the administrative [no change]

capacity of local actors to develop and implement operations;

(b) drawing up a non-discriminatory [no change] [no change] Provisional common understanding I - 230 and transparent selection procedure and criteria, which avoids conflicts of [no change] interest and ensures that no single interest group controls selection decisions;

(c) preparing and publishing calls for [no change] [no change] Provisional common understanding I - 231 proposals;

[no change]

(d) selecting operations and fixing [no change] [no change] Provisional common understanding I - 232 the amount of support and presenting

the proposals to the body responsible [no change]

for final verification of eligibility before approval;

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

(e) monitoring progress towards the [no change] [no change] Provisional common understanding I - 233 achievement of objectives of the strategy; [no change]

(f) evaluating the implementation of [no change] [no change] Provisional common understanding I - 234 the strategy.

[no change]

• 4. 

  Where local action groups carry [no change] 4. Where local action groups carry Comment: To be discussed under the I - 235 out tasks not covered by paragraph 3 out tasks not covered by paragraph 3 EAFRD - Block 7 that fall under the responsibility of that fall under the responsibility of the managing authority or of the the managing authority or of the paying agency, those local action paying agency, those local action groups shall be identified by the groups shall be identified by the managing authority as intermediate managing authority as intermediate bodies in accordance with the Fundbodies in accordance with the Fundspecific rules. specific rules.

• 5. 

  The local action group may be a Amendment 197 [no change] Provisional common understanding I - 236 beneficiary and may implement operations in accordance with the 5. The local action group may be a 5. The local action group may be a strategy. beneficiary and may implement beneficiary and may implement

  operations in accordance with the operations in accordance with the strategy, encouraging the separation strategy, ensuring the principle of of functions inside the local action separation of functions is respected. group.

Article 28 [no change] [no change] Provisional common understanding I - 237

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

Support from Funds for communityled

local development [no change]

• 1. 

  The Member State shall ensure Amendment 198 1. The Member State shall ensure Provisional common understanding I - 238 that support from the Funds for that Support from the Funds for community-led local development 1. With a view to ensuring community-led local development [no change] covers: complementarities and synergies, the coversshall cover:

  Member State shall ensure that support from the Funds for community-led local development covers:

(a) capacity building and preparatory Amendment 199 23 [no change] Provisional common understanding I - 239 actions supporting the design and future implementation of the (a) administrative capacity building [no change]

strategies; and preparatory actions supporting

the design and future implementation of the strategies;

(b) the implementation of operations, [no change] [no change] Provisional common understanding I - 240 including cooperation activities and their preparation, selected under the [no change] local development strategy;

Amendment 200 Provisional common understanding I - 241

(ba) animation of the community-led Comment: EP amendment withdrawn. local development strategy in order

23 EP position: Recital (24) is amended as follows: (24) To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community and administrative capacity and stimulate innovation. (...)

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

to facilitate exchange between stakeholders, to provide them with information and to support potential beneficiaries in their preparation of applications;

(c) the management, monitoring and [no change] [no change] Provisional common understanding I - 242 evaluation of the strategy and its animation. (c ) the management, monitoring and

evaluation of the strategy and its animation, including the facilitation of exchanges between stakeholders;

• 2. 

  The support referred to under [no change] [no change] Provisional common understanding I - 243 point (a) of paragraph 1 shall be

eligible regardless of whether the [no change]

strategy is subsequently selected for funding.

The support referred to under point [no change] [no change] Provisional common understanding I - 244 (c) of paragraph 1 shall not exceed

25 % of the total public contribution [no change] to the strategy.

CHAPTER III [no change] [no change] Provisional common understanding I - 245 Technical assistance

[no change]

Article 29 [no change] [no change] Provisional common understanding I - 246 Technical assistance at the initiative

of the Commission [no change]

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) Row (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments

• 1. 

  At the initiative of the [no change] [no change] Provisional common understanding I - 247 Commission, the Funds may support preparatory, monitoring, control, [no change] audit, evaluation, communication including corporate communication on the political priorities of the

Union, visibility and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate with third countries.

Amendment 201 Provisional common understanding I - 248

1a. The actions referred to in the 1a. The actions referred to in the first subparagraph may include in first subparagraph may include in particular: particular:

(a) assistance for project preparation (a) assistance for project preparation and appraisal; and appraisal;

(b) support for institutional (b) support for institutional strengthening and administrative strengthening and administrative capacity-building for the effective capacity-building for the effective management of the Funds; management of the Funds;

(c) studies linked to the (c) studies linked to the Commission's reporting on the Commission's reporting on the Funds Funds and the cohesion report; and the cohesion report;

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

(d) measures related to the analysis, (d) measures related to the analysis, management, monitoring, management, monitoring, information exchange and information exchange and implementation of the Funds, as implementation of the Funds, as well well as measures relating to the as measures relating to the implementation of control systems implementation of control systems and technical and administrative and technical and administrative assistance; assistance;

(e) evaluations, expert reports, (e) evaluations, expert reports, statistics and studies, including statistics and studies, including those those of a general nature, of a general nature, concerning the concerning the current and future current and future operation of the operation of the Funds; Funds;

(f) actions to disseminate (f) actions to disseminate information, support networking information, support networking where appropriate, carry out where appropriate, carry out communication activities with communication activities with particular attention to the results particular attention to the results and and added value of support from the added value of support from the Funds, and to raise awareness and Funds, and to raise awareness and promote cooperation and exchange promote cooperation and exchange of of experience, including with third experience, including with third countries; countries;

(g) the installation, operation and (g) the installation, operation and interconnection of computerised interconnection of computerised systems for management, systems for management, monitoring, audit, control and monitoring, audit, control and evaluation; evaluation;

ANNEX ECOMP.2 EN

Commission proposal European Parliament position Council position

COM(2018)375 i (EP amendments) (Plenary mandate 13/2/19) (Coreper mandate 19/12/18) Compromise proposal, comments Row

(h) actions to improve evaluation (h) actions to improve evaluation methods and the exchange of methods and the exchange of information on evaluation practices; information on evaluation practices;

(i) actions related to auditing; (i) actions related to auditing;

(j) the strengthening of national and (j) the strengthening of national and regional capacity regarding regional capacity regarding investment planning, funding needs, investment planning, funding needs, preparation, design and preparation, design and implementation of financial implementation of financial instruments, joint action plans and instruments, joint action plans and major projects; major projects;

(k) the dissemination of good (k) the dissemination of good practices in order to assist Member practices in order to assist Member States to strengthen the capacity of States to strengthen the capacity of the relevant partners referred to in the relevant partners referred to in Article 6(1) and their umbrella Article 6(1) and their umbrella organisations. organisations.

Amendment 202 Provisional common understanding I - 249

1b. The Commission shall dedicate 1b. The Commission shall dedicate at least 15 % of the resources for at least 15 % of the resources for technical assistance at the initiative technical assistance at the initiative of the Commission to bring about of the Commission to bring about greater efficiency in communication greater efficiency in communication to the public and stronger synergies to the public and stronger synergies between the communication between the communication activities activities undertaken at the initiative undertaken at the initiative of the of the Commission, by extending the Commission, by extending the

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

knowledge base on results, in knowledge base on results, in particular through more effective particular through more effective data collection and dissemination, data collection and dissemination, evaluations and reporting, and evaluations and reporting, and especially by highlighting the especially by highlighting the contribution of the Funds to contribution of the Funds to improving the lives of citizens, and improving the lives of citizens, and by increasing the visibility of support by increasing the visibility of support from the Funds as well as by raising from the Funds as well as by raising awareness about the results and the awareness about the results and the added value of such support. added value of such support. Information, communication and Information, communication and visibility measures on results and visibility measures on results and added value of support from the added value of support from the Funds, with particular focus on Funds, with particular focus on operations, shall be continued after operations, shall be continued after the closure of the programmes, the closure of the programmes, where appropriate. Such measures where appropriate. Such measures shall also contribute to the corporate shall also contribute to the corporate communication of the political communication of the political priorities of the Union as far as they priorities of the Union as far as they are related to the general objectives are related to the general objectives of this Regulation. of this Regulation.

• 2. 

  Such actions may cover future and Amendment 203 [no change] Provisional common understanding I - 250 previous programming periods.

  • 2. 

    Such actions may cover future and 2. Such actions may cover future and previous and future programming previous and subsequent programming periods. periods.

Amendment 204 Provisional common understanding I - 251

ANNEX ECOMP.2 EN

Commission proposal European Parliament position

COM(2018)375 i (EP amendments)

Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

2a. In order to avoid situations [EP amendment withdrawn] where payments are suspended, the Commission shall ensure that Member States and regions which face compliance concerns due to a lack of administrative capacity receive adequate technical assistance to improve that administrative capacity.

• 3. 

  The Commission shall set out its [no change] [no change] Provisional common understanding I - 252 plans when a contribution from the

Funds is envisaged in accordance [no change] with Article [110] of the Financial

Regulation.

• 4. 

  Depending on the purpose, the [no change] [no change] Provisional common understanding I - 253 actions referred to in this Article can be financed either as operational or [no change] administrative expenditure.

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Article 30 Article 30 Article 30 Provisional common understanding I - 254 Technical assistance of Member States Technical assistance of Member Technical assistance of Member

States 24 25 States [no change]

24 European Parliament position: Recital (25) will be amended as follows: (25) In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures, such as the evaluation of the skills set of human resources, using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the

ground. 25 Council position: Changes made in Article 30 entail changes in recital 25 and in the following Articles: 8, 12, 17, 37, 85 and 88 CPR.

• - 

  Recital (25) will be amended as follows: (25) In order to reduce the administrative burden, it should be possible to implement technical assistance linked to programme implementation at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation and to cover also horizontal tasks. In order to facilitate financial management, Member States should have the possibility to indicate one or more

bodies to which related payments by the Commission should be made. Since these payments are based on the application of a flat-rate, there should

be no controls of underlying expenditure. Nevertheless, where continuity with the 2014-2020 period is preferred, the Member State should also be

provided with the possibility to continue to implement technical assistance through a separate programme or priorities within a programme and to

receive reimbursement of eligible costs actually incurred by the beneficiary and paid in implementing operations. The Member State should indicate

its choice of the form of Union contribution for technical assistance for the entire programming period. However, in order to simplify the

implementation for the AMIF, the ISF and the BMVI and for Interreg programmes, only the flat-rate approach should be used. Regardless of the

option chosen, That technical assistance may be complemented with targeted administrative capacity building measures using reimbursement methods that

are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on

the ground.

• - 

  Article 37- Transmission of data will be amended as follows: (New sub-paragraph in paragraph 2:) This paragraph shall not comprise data for technical

assistance implemented pursuant to Article 30(5) and point (b) shall not apply to technical assistance implemented pursuant to Article 32.

• - 

  Article 85(3)(b) – Payment applications will be amended as follows: (b) the amount for technical assistance calculated in accordance with Article

30(5)(b) where applicable;

• - 

  Article 88 – Reimbursement based on unit cost, lump sums, flat rates will be amended as follows: 5 (new). This Article shall not apply to the Union

contribution for technical assistance reimbursed pursuant to point (e) of Article 46.

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

• 1. 

  At the initiative of a Member Amendment 205 [no change] Provisional common understanding I - 255 State, the Funds may support actions, which may concern previous and 1. At the initiative of a Member State, 1. At the initiative of a Member State, subsequent programming periods, the Funds may support actions, which the Funds may support actions, which necessary for the effective may concern previous and subsequent may concern previous and subsequent administration and use of those Funds. programming periods, necessary for programming periods, necessary for

  the effective administration and use of the effective administration and use of those Funds, for the capacity building those Funds, including for the of the partners referred to in Article capacity building of the partners 6, as well as to ensure functions such referred to in Article 6, as well as to as preparation, training, provide financing for carrying out, management, monitoring, evaluation, amongst others, functions such as visibility and communication. preparation, training, management, monitoring, evaluation, visibility and communication.

  The amounts for technical assistance Provisional common understanding I - 256

  shall not be taken into account for the

  purposes of thematic concentration in The amounts for technical assistance

  accordance with the fund-specific under this Article and Article 32

  rules. shall not be taken into account for

  the purposes of thematic

  concentration in accordance with

  the fund-specific rules.

• 2. 

  Each Fund may support technical [no change] [no change] Provisional common understanding I - 257 assistance actions eligible under any of the other Funds. [no change]

• 3. 

  Within each programme, technical Amendment 206 3. Within each programme, technical Provisional common understanding I - 258 assistance shall take the form of a assistance shall take the form of a priority relating to one single Fund. 3. Within each programme, technical priority relating to one single Fund. 3. Within each programme, technical

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

assistance shall take the form of a assistance shall take the form of a priority relating to either one single priority relating to one single Fund. Fund or several Funds.

• 3. 

  The Union contribution for Provisional common understanding I - 259

technical assistance in a Member

State shall be made either pursuant to 3. The Union contribution for

point (b) of Article 46 or pursuant to technical assistance in a Member

point (e) of that Article. State shall be made either pursuant

to point (b) of Article 46 or pursuant

to point (e) of that Article.

The Member State shall indicate its Provisional common understanding I - 260

choice of the form of Union

contribution for technical assistance The Member State shall indicate its

in the Partnership Agreement in choice of the form of Union

accordance with Annex II, or as part contribution for technical assistance

of the comprehensive set of in the Partnership Agreement in

information in accordance with accordance with Annex II. This

Annex IIbis. This choice shall apply choice shall apply to all programmes

to all programmes in the Member in the Member State concerned for

State concerned for the entire the entire programming period and

programming period and cannot be cannot be modified subsequently.

modified subsequently.

For programmes supported by the Provisional common understanding I - 261

AMIF, the ISF and the BMVI and for

Interreg programmes the Union For programmes supported by the

contribution for technical assistance AMIF, the ISF and the BMVI and

shall be made only pursuant to point for Interreg programmes the Union

(e) of Article 46. contribution for technical assistance

shall be made only pursuant to point

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

(e) of Article 46.

• 4. 

  Where the Union contribution for Provisional common understanding I - 262 technical assistance in a Member

State is reimbursed pursuant to point 4. Where the Union contribution for (b) of Article 46, the following technical assistance in a Member elements shall apply: State is reimbursed pursuant to point (b) of Article 46, the following elements shall apply:

(a) technical assistance shall take the Provisional common understanding I - 263

form of a priority relating to one

single Fund in one or more (a) technical assistance shall take the

programmes, or of a specific form of a priority relating to one

programme, or a combination single Fund in one or more

thereof; programmes, or of a specific

programme, or a combination

thereof;

(b) the amount of the Funds allocated Provisional common understanding I - 264

to technical assistance is limited to

the following: (b) the amount of the Funds

allocated to technical assistance is

(i) for the ERDF support under the limited to the following:

Investment for jobs and growth goal:

3,5% (i) for the ERDF support under the

Investment for jobs and growth

(ii) for the Cohesion Fund support: goal: 3,5%

2,5 %;

(ii) for the Cohesion Fund support:

(iii) for the ESF+ support: 4% and for 2,5 %;

programmes under Article 4(1)(xi) of

(iii) for the ESF+ support: 4% and

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

the ESF+ Regulation: 5 %; for programmes under Article 4(1)(xi) of the ESF+ Regulation: 5

(iv) for the ERDF, ESF+ and %; Cohesion Fund, where the total amount allocated to a Member State (iv) for the ERDF, ESF+ and under the Investment for jobs and Cohesion Fund, where the total growth goal does not exceed EUR 1 amount allocated to a Member State billion: 6%. under the Investment for jobs and growth goal does not exceed EUR 1 (v) for the EMFF support: 6 %. billion: 6%;

(v) for the EMFF support: 6 %;

(v bis) for programmes under the Investment for Jobs and Growth goal that concern only the outermost regions, the percentage shall be increased by 1% point.

• 5. 

  Where the Union contribution for Provisional common understanding I - 265

technical assistance is reimbursed

pursuant to point (e) of Article 46, the 5. Where the Union contribution for

following elements shall apply: technical assistance is reimbursed

pursuant to point (e) of Article 46,

the following elements shall apply:

(a) the amount of the Funds allocated Provisional common understanding I - 266

to technical assistance shall be

identified as part of the financial (a) the amount of the Funds

allocations of each priority of the allocated to technical assistance shall

programme in accordance with point be identified as part of the financial

(ii) of Article 17(3)(f) and shall not allocations of each priority of the

take the form of a separate priority or programme in accordance with

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

26

a specific programme except for point (ii) of Article 17(3)(f) and shall programmes supported by the AMIF, not take the form of a separate the ISF and the BMVI for which it priority or a specific programme 27 shall take the form of a specific except for programmes supported objective; by the AMIF, the ISF and the BMVI for which it shall take the form of a specific objective;

(b) the reimbursement is made, by Provisional common understanding I - 267

applying the percentages set out in

points (i) to (v) to the eligible (b) the reimbursement is made, by

expenditure included in each payment applying the percentages set out in

application pursuant to Article points (i) to (v) to the eligible

85(3)(a) or (c) as appropriate and expenditure included in each

from the same fund to which the payment application pursuant to

eligible expenditure is reimbursed, to Article 85(3)(a) or (c) as appropriate

one or more bodies which receive and from the same fund to which the

payments from the Commission in eligible expenditure is reimbursed,

accordance with Article 17(3)(j); to one or more bodies which receive

payments from the Commission in

(i) for the ERDF support under the accordance with Article 17(3)(j);

Investment for jobs and growth goal:

3,5% (i) for the ERDF support under the

Investment for jobs and growth

(ii) for the Cohesion Fund support: goal: 3,5%

26 Council position: N.B. To be aligned throughout the text with the finally agreed nomenclature for the EMFF, in line with Annex II of the EMFF

Regulation.

27 Council position: N.B. To be aligned throughout the text with the finally agreed nomenclature for the EMFF, in line with Annex II of the EMFF

Regulation.

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

2,5 %; (ii) for the Cohesion Fund support: (iii) for the ESF+ support: 4% and for 2,5 %;

programmes under Article 4(1)(xi) of

the ESF+ Regulation: 5 %; (iii) for the ESF+ support: 4% and for programmes under Article

(iv) for the ERDF, ESF+ and 4(1)(xi) of the ESF+ Regulation: 5 Cohesion Fund, where the total %;

amount allocated to a Member State

under the Investment for jobs and (iv) for the ERDF, ESF+ and growth goal does not exceed EUR 1 Cohesion Fund, where the total billion, the percentage reimbursed for amount allocated to a Member State

technical assistance: 6%. under the Investment for jobs and growth goal does not exceed EUR 1

(v) for the EMFF, the AMIF, the ISF billion, the percentage reimbursed and the BMVI support: 6 %. for technical assistance: 6%.

(v) for the EMFF, the AMIF, the ISF and the BMVI support: 6 %;

(v bis) for programmes under the Investment for Jobs and Growth goal that concern only the outermost regions, the percentage shall be increased by 1% point.

(c) the amounts allocated to technical Provisional common understanding I - 268

assistance identified in the

programme shall correspond to the (c) the amounts allocated to

percentages set out in points (i)-(v) of technical assistance identified in the

point (b) for each priority and fund. programme shall correspond to the

percentages set out in points (i)-(v)

of point (b) for each priority and

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

fund.

• 6. 

  Specific rules for technical Provisional common understanding I - 269

assistance for Interreg programmes

shall be set out in the ETC 6. Specific rules for technical

Regulation. assistance for Interreg programmes

shall be set out in the ETC

Regulation.

Article 31 [no change] Article 31 Provisional common understanding I - 270 Flat-rate financing for technical Flat-rate financing for technical

assistance of Member States assistance of Member States Article 31

Flat-rate financing for technical assistance of Member States

• 1. 

  Technical assistance to each [no change] 1. Technical assistance to each Provisional common understanding I - 271 programme shall be reimbursed as a programme shall be reimbursed as a flat-rate by applying the percentages flat-rate by applying the percentages 1. Technical assistance to each set out in paragraph 2 to the eligible set out in paragraph 2 to the eligible programme shall be reimbursed as a expenditure included in each payment expenditure included in each payment flat-rate by applying the percentages application pursuant to Article 85(3)(a) application pursuant to Article 85(3)(a) set out in paragraph 2 to the eligible or (c) as appropriate. or (c) as appropriate. expenditure included in each payment

  application pursuant to Article 85(3)(a) or (c) as appropriate.

• 2. 

  The percentage of the Funds Amendment 207 2. The percentage of the Funds Provisional common understanding I - 272 reimbursed for technical assistance reimbursed for technical assistance shall be the following: 2. On the basis of an agreement shall be the following: 2. The percentage of the Funds

  between the Commission and the reimbursed for technical assistance Member States and taking into shall be the following: account the programme financial

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments

plan, the percentage of the Funds reimbursed for technical assistance may be up to shall be the following:

(a) for the ERDF support under the Amendment 208 (a) for the ERDF support under the Provisional common understanding I - 273 Investment for jobs and growth goal, Investment for jobs and growth goal, and for the Cohesion Fund support: (a) for the ERDF support under the and for the Cohesion Fund support: (a) for the ERDF support under the

2,5 %; Investment for jobs and growth goal, 2,5 %; Investment for jobs and growth goal, and for the Cohesion Fund support: and for the Cohesion Fund support: 2.5% 3 %; 2,5 %;

(b) for the ESF+ support: 4% and for Amendment 209 (b) for the ESF+ support: 4% and for Provisional common understanding I - 274 programmes under Article 4(1)(c)(vii) programmes under Article 4(1)(c)(vii)

of the ESF+ Regulation: 5 %; (b) for the ESF+ support: 4% 5 % and of the ESF+ Regulation: 5 %; (b) for the ESF+ support: 4% and for

for programmes under Article programmes under Article 4(1)(c)(vii) 4(1)(c)(vii) 4(1)(xi) of the ESF+ of the ESF+ Regulation: 5 %; Regulation: 5% 6 %;

(c) for the EMFF support: 6 %; [no change] (c) for the EMFF support: 6 %; Provisional common understanding I - 275

(c) for the EMFF support: 6 %;

(d) for the AMIF, the ISF and the Amendment 210 (d) for the AMIF, the ISF and the Provisional common understanding I - 276 BMVI support: 6 %. BMVI support: 6 %.

(d) for the AMIF, the ISF and the (d) for the AMIF, the ISF and the BMVI support: 6% 7 %. BMVI support: 6 %.

Amendment 211 Provisional common understanding I - 277

For the outermost regions, for (a), [EP amendment withdrawn] (b), (c) the percentage shall be up to 1% higher.

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position Compromise proposal, comments Row

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

• 3. 

  Specific rules for technical [no change] 3. Specific rules for technical Provisional common understanding I - 278 assistance for Interreg programmes assistance for Interreg programmes shall be set out in the ETC Regulation . shall be set out in the ETC Regulation . 3. Specific rules for technical

  assistance for Interreg programmes shall be set out in the ETC Regulation .

  Article 32 [no change] [no change] Provisional common understanding I - 279 Financing not linked to costs for technical assistance of Member States [no change]

In addition to Article 31, the Member Amendment 212 In addition to Article 3130, the Provisional common understanding I - 280 State may propose to undertake Member State may propose to additional technical assistance actions In addition to Article 31, the Member undertake additional technical In addition to Article 3130, the

to reinforce the capacity of Member State may propose to undertake assistance actions to reinforce the Member State may propose to

State authorities, beneficiaries and additional technical assistance actions capacity of Member State authorities, undertake additional technical

relevant partners necessary for the to reinforce the institutional capacity beneficiaries and relevant partners assistance actions to reinforce the

effective administration and use of the of Member State and efficiency of necessary for the effective capacity and efficiency of Member

Funds. public authorities and services, administration and use of the Funds. State public authorities and bodies, beneficiaries and relevant partners beneficiaries and relevant partners

necessary for the effective necessary for the effective administration and use of the Funds. administration and use of the Funds.

Support for such actions shall be Amendment 213 Support for such actions shall be Provisional common understanding I - 281 implemented by financing not linked implemented by financing not linked to costs in accordance with Article 89. Support for such actions shall be to costs in accordance with Article 89. Support for such actions shall be

implemented by financing not linked Such support may also take the form implemented by financing not linked to costs in accordance with Article 89. of a specific programme containing to costs in accordance with Article 89. Technical assistance in the form of the elements set out in Article 89(1). Such support may also take the form an optional specific programme may of a specific programme. be implemented either through financing not linked to costs for technical assistance or through

ANNEX ECOMP.2 EN

European Parliament position

Commission proposal (EP amendments) Council position

(Plenary mandate 13/2/19) (Coreper mandate 19/12/18)

Compromise proposal, comments Row

reimbursement of direct costs.

ANNEXES 28 ANNEXES ANNEXES I - 282

ANNEX I: Dimensions and codes for I - 283 the types of intervention for the ERDF, the ESF+ and the Cohesion Fund -

Article 17(5)

ANNEX II: Template for Part. I - 284 Agreement - Art 7(4)

ANNEX IIbis Template for [CONS AMD withdrawn] I - 285

comprehensive set of information -

Article 8(2)

ANNEX V: Template for programmes

supported from the ERDF (Investment I - 286

for Jobs and growth goal), ESF+, the

Cohesion Fund and the EMFF –

Article 16(3)

APPENDIX 3: EMFF action plan for I - 287 small-scale coastal fishing

APPENDIX 4: EMFF action plan for

each outermost region I - 288

ANNEX VI: Template of a programme I - 289 for the AMIF, the ISF and the BMVI –

Article 16(3)

28 Detailed changes proposed by the co-legislators in the core text of the Annexes will be discussed using a separate document.

ANNEX ECOMP.2 EN

COMMON PROVISIONS REGULATION - BLOCK 2: Conditions for eligibility and performance framework (Articles 11-15)

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

TABLE OF CONTENTS Provisional common understanding II - 1 under Block 1

[… TO BE INSERTED ] TABLE OF CONTENTS FOR THE CPR

Title II [no change] [no change] Provisional common understanding II - 2 Strategic Approach

[No change]

CHAPTER II [no change] [no change] Provisional common understanding II - 3 Enabling conditions and performance

framework [No change]

Article 11 [no change] 29 [no change] Provisional common understanding II - 4 Enabling conditions

[No change]

29 EP position:

• - 

  the first sentence of recital (17) is amended as follows: (17) To ensure the necessary prerequisites for the inclusive, non-discriminatory, effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their

  assessment should be established. (...) - under Article 2 (line VII-24) definition of enabling condition is added: (1 a) ‘enabling condition' means a concrete and precisely defined condition which

has a genuine link to a direct impact on the effective and efficient achievement of a specific objective of the programme;

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

• 1. 

  For each specific objective, Amendment 109 1. For each the specific objective Provisional common understanding II - 5 prerequisite conditions for its effective

and efficient implementation For each specific objective,

objectives, prerequisite conditions for

('enabling conditions') are laid down in prerequisite conditions for its effective

its their effective and efficient 1. For each the specific objective

this Regulation. and efficient implementation ('enabling

implementation ('enabling conditions') objectives, prerequisite conditions for

conditions') are laid down in this are laid down in this Regulation. its their effective and efficient Regulation. Enabling conditions shall implementation ('enabling apply to the extent to which they conditions') are laid down in this contribute to the achievement of the Regulation.

specific objectives of the programme.

Annex III lays down horizontal [no change] [no change] Provisional common understanding II - 6 enabling conditions applicable to all specific objectives and the criteria [No change] necessary for the assessment of their fulfilment.

Annex IV lays down thematic [no change] [no change] Provisional common understanding II - 7 enabling conditions for the ERDF, the

Cohesion Fund and the ESF+ and the [No change] criteria necessary for the assessment of their fulfilment.

The enabling condition regarding Provisional common understanding II - 8 the tools and capacity for effective application of State aid rules is not The enabling condition regarding applicable to programmes supported the tools and capacity for effective by the AMIF, the BMVI and the application of State aid rules is not ISF. applicable to programmes supported by the AMIF, the BMVI and the ISF.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

• 2. 

  When preparing a programme or Amendment 110 2. When preparing a programme or Provisional common understanding II - 9 introducing a new specific objective as introducing a new specific objective as

part of a programme amendment, the 2. When preparing a programme or part of a programme amendment, the 2. When preparing a programme or

Member State shall assess whether the introducing a new specific objective as Member State shall assess whether the introducing a new specific objective enabling conditions linked to the part of a programme amendment, the applicable enabling conditions linked as part of a programme amendment, selected specific objective are Member State shall assess whether the to the selected specific objective are the Member State shall assess fulfilled. An enabling condition is enabling conditions linked to the fulfilled, taking into account the whether those the enabling conditions fulfilled where all the related criteria selected specific objective are fulfilled. principle of proportionality. An linked to the selected specific are met. The Member State shall An enabling condition is fulfilled enabling condition is fulfilled where objective are fulfilled. An enabling identify in each programme or in the where all the related criteria are met. all the related criteria are met. The condition is fulfilled where all the programme amendment the fulfilled The Member State shall identify in Member State shall identify in each related criteria are met. The Member and non-fulfilled enabling conditions each programme or in the programme programme or in the programme State shall identify in each and where it considers that an enabling amendment the fulfilled and nonamendment the fulfilled and nonprogramme or in the programme condition is fulfilled, it shall provide fulfilled enabling conditions and where fulfilled enabling conditions and where amendment the fulfilled and nonjustification.

  it considers that an enabling condition is fulfilled, it shall provide it considers that an enabling condition fulfilled enabling conditions and

justification. On the request of a is fulfilled, it shall provide where it considers that an enabling Member State, the EIB may justification. condition is fulfilled, it shall provide contribute to the assessments of justification.

30

actions needed to fulfil the relevant enabling conditions.

30 Drafting suggestion for recital (17), in order to align with row II-9: Recital (17):

"To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Without prejudice to the rules on decommitment, wWhere those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be reimbursed by the Commissionincluded in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. On the request of a Member State, the EIB may contribute to the assessment of the fulfilment of enabling conditions. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework."

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

• 3. 

  Where an enabling condition is not [no change] [no change] Provisional common understanding II - 10 fulfilled at the time of approval of the programme or the programme [No change] amendment, the Member State shall report to the Commission as soon as it considers the enabling condition fulfilled with justification.

• 4. 

  The Commission shall, within three Amendment 111 [no change] Provisional common understanding II - 11 months of receipt of the information

referred to in paragraph 3, perform an 4. The Commission shall, within three 4. The Commission shall, as soon as assessment and inform the Member two months of receipt of the possible and no later than within State where it agrees with the information referred to in paragraph 3, three months of after receipt of the

fulfilment. perform an assessment and inform the Member State where it agrees with the information referred to in paragraph fulfilment. 3, perform an assessment and inform the Member State where it agrees

with the fulfilment of the enabling condition.

Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within one month. setting out its assessment.

Where the Commission disagrees with Amendment 112 Where the Commission disagrees with Provisional common understanding: II - 12 the assessment of the Member State, it the assessment of the Member State, it

shall inform the Member State Where the Commission disagrees with shall inform the Member State Where the Member State disagrees accordingly and give it the opportunity the assessment of the Member State, it accordingly and give it the opportunity with this assessment, it shall

to present its observations within one shall inform the Member State accordingly and give it the opportunity to present its observations within one present its observations within one

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

month. to present its observations within one month. setting out its assessment month and the Commission shall month maximum two months. accordingly. The Member State shall proceed in accordance with the

react in accordance with the first sub-paragraph. procedure set out in paragraph 3. Where the Member State accepts the assessement of the Commission, it shall proceed in accordance with paragraph 3.

• 5. 

  Expenditure related to operations Amendment 113 5. Without prejudice to Article 99, Provisional common understanding II - 13 linked to the specific objective cannot expenditure related to operations

be included in payment applications Expenditure related to operations linked to the specific objective cannot 5. Without prejudice to Article 99, until the Commission has informed the linked to the specific objective may shall not be included in payment expenditure related to operations Member State of the fulfilment of the cannot be included in payment applications reimbursed by the linked to the specific objective may enabling condition pursuant to applications until before the Commission to the Member State 31 cannot be included in payment

paragraph 4. Commission has informed the Member State of the fulfilment of the enabling until the Commission has informed the applications but shall not be

condition pursuant to paragraph 4, Member State of the fulfilment of the reimbursed by the Commission without prejudice to the suspension of enabling condition pursuant to the until the Commission has informed the reimbursement itself until such first sub-paragraph of paragraph 4. the Member State of the fulfilment of

time as the condition is fulfilled. the enabling condition pursuant to the first sub-paragraph of paragraph 4.

• * 

  Council related amendment to Article 87(1) is left for the CPR negotiations on Block 6.

The first sub-paragraph shall not apply [no change] [no change] Provisional common understanding II - 14 to operations that contribute to the

31 Council position: Changes proposed in Articles 11(5) and 11(6) entail a modification of Article 87(1), as follows: "Without prejudice to Article 11(5) and (6)

and subject to available funding, the Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

fulfilment of the corresponding

enabling condition. [No change]

• 6. 

  The Member State shall ensure that [no change] 6. The Member State shall ensure that Provisional common understanding II - 15 enabling conditions are fulfilled and enabling conditions are remain applied throughout the programming fulfilled and applied throughout the 6. The Member State shall ensure that period. It shall inform the Commission programming period. It shall inform enabling conditions are remain of any modification impacting the the Commission of any modification fulfilled and applied respected fulfilment of enabling conditions. impacting the fulfilment of enabling throughout the programming period.

  conditions. It shall inform the Commission of any modification impacting the fulfilment of enabling conditions.

Where the Commission considers that [no change] Where the Commission considers that Provisional common understanding : II - 16 an enabling condition is no longer an enabling condition is no longer

fulfilled, it shall inform the Member fulfilled, it shall inform the Member Where the Commission considers that

State and give it the opportunity to State setting out its assessment and an enabling condition is no longer present its observations within one give it the opportunity to present its fulfilled, it shall inform the Member month. Where the Commission observations within one month. Where State setting out its assessment and concludes that the non-fulfilment of the Commission concludes that the give it the opportunity to present its the enabling condition persists, non-fulfilment of the enabling observations within one month. expenditure related to the specific condition persists, and without Subsequently, the procedure set out objective concerned cannot be prejudice to Article 99, expenditure in the second and third subincluded in payment applications as related to the specific objective paragraphs of paragraph 4 shall be from the date the Commission informs concerned cannot shall not be followed. the Member State accordingly. included in payment applications

reimbursed by the Commission to Where the Commission concludes the Member State 1 as from the date that the non-fulfilment of the the Commission informs the Member enabling condition persists and State accordingly. without prejudice to Article 99,

based on the observations of the Member State, expenditure related to the specific objective concerned

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

cannot may cannot be included in payment applications but shall not be reimbursed by the Commission until the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to the first sub-paragraph of paragraph 4.

• 7. 

  Annex IV shall not apply to [no change] 7. Annex IV shall not apply to Provisional common understanding II - 17 programmes supported by the EMFF. programmes supported by the EMFF.

  • 7. 

    Annex IV shall not apply to programmes supported by the EMFF.

  Article 12 [no change] 32 Article 12 Provisional common understanding II - 18 Performance framework Performance framework

  [No change]

• 1. 

  The Member State shall Amendment 115 1. For each programme, the Member Provisional common understanding II - 19 establish a performance framework State shall establish a performance

which shall allow monitoring, The Member State, where appropriate, framework which shall allow [No change] reporting on and evaluating in cooperation with local and regional monitoring, reporting on and programme performance during its authorities, shall establish a evaluating programme performance EP AMD 115 to be revisited if implementation, and contribute to performance framework which shall during its implementation, and relevant based on the outcome of measuring the overall performance of allow monitoring, reporting on and contribute to measuring the overall discussion on CPR Block 1 (Art.6)’.

the Funds. evaluating programme performance during its implementation, and performance of the Funds.

contribute to measuring the overall

32 EP position: Recital (18) should be amended as follows: (18) Member States should establish a performance framework for each programme covering all

indicators, milestones and targets to monitor, report on and evaluate programme performance. This should allow project selection and evaluation to be resultdriven.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

performance of the Funds.

The performance framework shall [no change] [no change] Provisional common understanding II - 20 consist of:

[No change]

(a) the output and result indicators [no change] (a) the output and result indicators Provisional common understanding II - 21 linked to specific objectives set in the linked to specific objectives set in the

Fund-specific Regulations; Fund-specific Regulations identified (a) the output and result indicators for the programme; linked to specific objectives set in the Fund-specific Regulations selected for the programme;

(b) milestones to be achieved by the [no change] (b) milestones to be achieved by the Provisional common understanding II - 22 end of the year 2024 for output end of the year 2024 for output indicators; and indicators; and [No change]

(c) targets to be achieved by the end of [no change] [no change] Provisional common understanding II - 23 the year 2029 for output and result indicators. [No change]

• 2. 

  Milestones and targets shall be Amendment 116 2. Milestones and targets shall be Provisional common understanding II - 24 established in relation to each specific established in relation to each specific

objective within a programme, with 2. Milestones and targets shall be objective within a programme, with 2. Milestones and targets shall be the exception of technical assistance established in relation to each specific the exception of technical assistance established in relation to each specific and of the specific objective objective within a programme, with implemented pursuant to Article objective within a programme, with addressing material deprivation set out the exception of technical assistance 30(5) and to Article 32 and of the the exception of technical assistance

in Article [4(c)(vii)] of the ESF+ and of the specific objective specific objective addressing material and of the specific objective

Regulation. addressing material deprivation set out in Article [4(c)(vii)] [4(1)(xi)] of the deprivation set out in Article addressing material deprivation set

ESF+ Regulation. [4(c)(vii1)(xi)] of the ESF+ out in Article [4(c)(vii)] [4(1)(xi)] of Regulation. the ESF+ Regulation.

Reference to Art.30(5) and 32 in

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

Council AMD is linked to CPR Block 1 (to be aligned after agreement on Block 1)

• 3. 

  Milestones and targets shall allow [no change] [no change] Provisional common understanding II - 25 the Commission and the Member State to measure progress towards the [No change] achievement of the specific objectives.

They shall meet the requirements set out in Article [33(3)] of the Financial

Regulation.

Article 13 [no change] [no change] Provisional common understanding II - 26 Methodologies for the establishment of

the performance framework Article 13

Methodologies Methodology for the establishment of the performance framework

• 1. 

  The methodologies to establish the [no change] 1. For each programme, the Provisional common understanding II - 27 performance framework shall include: methodologies to establish the

  performance framework shall include: 1. The methodologies methodology to establish the performance

  framework shall include:

(a) the criteria applied by the Member [no change] (a) the criteria applied by the Member Provisional common understanding II - 28 State to select indicators; State to select identify indicators;

[No change]

(b) data or evidence used, data quality [no change] [no change] Provisional common understanding II - 29 assurance and the calculation method;

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

[No change]

(c) factors that may influence the [no change] [no change] Provisional common understanding II - 30 achievement of the milestones and targets and how they were taken into [No change] account.

• 2. 

  The Member State shall make those [no change] [no change] Provisional common understanding II - 31 methodologies available upon request by the Commission. 2. The Member State shall make

  those methodologies that methodology available upon request by the Commission.

  Article 14 [no change] 33 Article 14 Provisional common understanding II - 32 Mid-term review Mid-term review and flexibility

  amount 34 Article 14

  Mid-term review and flexibility amount

  (EP and CSL AMDs in the footnotes

33 EP position: The amendments to Article 14 entail the following amendment to Recital (19): (19) The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on

programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024, as well as progress with the National Energy and Climate Plans and the European Pillar of Social Rights. Demographic challenges should also be taken into account. (...)

34 Council position: The amendments made in Article 14 require an amendment in Art.80(1) as follows: "1. The decision approving the programme in accordance with Article 18 shall constitute a financing decision within the meaning of [Article 110(3)] of the Financial Regulation and its notification to the Member State concerned shall constitute a legal commitment.That decision shall specify the Union contribution per Fund and per year. However, for programmes under the Investment for jobs and growth goal an amount corresponding to 50% of the Union contribution for the Investment for jobs and growth goal for the years 2026 and 2027 ('flexibility amount') shall only be definitively allocated after the adoption of the Commission decision following the mid-term

review as referred to in Article 14."

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

to be seen at the technical level)

• 1. 

  For programmes supported by the Amendment 117 [no change] Provisional common understanding II - 33 ERDF, the ESF+ and the Cohesion

Fund, the Member State shall review 1. For programmes supported by the 1. For programmes supported by the each programme, taking into account ERDF, the ESF+ and the Cohesion ERDF, the ESF+ and the Cohesion

the following elements: Fund, the Member State and relevant managing authorities shall review Fund, the Member State shall review

each programme, taking into account each programme, taking into account the following elements. the following elements.

(a) the challenges identified in Amendment 118 35 (a) the new challenges identified in Provisional common understanding II - 34 relevant country-specific relevant country-specific

recommendations adopted in 2024; (a) the new challenges identified in recommendations adopted in 2024 ; (a) the new challenges identified in

relevant country-specific relevant country-specific recommendations adopted in 2024 and recommendations adopted in 2024 ; the targets identified in the implementation of the integrated national climate and energy plans, if relevant;

Provisional common understanding

(a bis) the progress in implementing the national energy and climate plan, if relevant;

(a bis) the progress in implementing Provisional common understanding II - 35 the principles of the European Pillar

35 EP position: Recital (14) should be amended as follows: Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union 14 , and the outcome of the process resulting in Union recommendations regarding these

plans, for their programmes, including during the mid-term review, as well as for the financial needs allocated for low-carbon investments.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

of Social Rights; (a ter) the progress in

implementing the principles of the European Pillar of Social Rights;

(b) the socio-economic situation of the Amendment 119 [no change] Provisional common understanding II - 36

Member State or region concerned; (b) the socio-economic situation of the

Member State or region concerned, (b) the socio-economic situation of including the state of implementation the Member State or region of the European Pillar of Social concerned, with special emphasis on Rights and territorial needs with a territorial needs, taking into view to reducing disparities, as well as account any major negative

economic and social inequalities; financial, economic or social development.

(b bis) the results from relevant Provisional common understanding II - 37 evaluations; (b bis) the main results of relevant evaluations;

(c) the progress in achieving the [no change] (c) the progress in achieving the Provisional common understanding II - 38 milestones; milestones, taking into account any

difficulties encountered in the (c) the progress in achieving the implementation of the programme; milestones, taking into account major difficulties encountered in the implementation of the programme;

(d) the outcome of the technical [no change] [no change] Provisional common understanding II - 39 adjustment as set out in Article 104(2), where applicable. (d) the outcome of the technical

adjustment as set out in Article 104(2), where applicable.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

Amendment 120 Provisional common understanding II - 40

(d a) any major negative financial,

economic or social developments [EP amendment withdrawn]

which require an adjustment of the programmes, including as a consequence of symmetric or asymmetric shocks in the Member States and their regions.

• 2. 

  The Member State shall submit to Amendment 121 21a. The Member State shall submit Provisional common understanding II - 41 the Commission by 31 March 2025 a an assessment for each programme

request for the amendment of each In accordance with the outcome of on the outcome of the mid-term 21a (new). The Member State shall programme in accordance with Article the review, the Member State shall review, including a proposal for the submit an assessment for each

19(1). The Member State shall justify submit to the Commission by 31 the amendment on the basis of the March 2025 a request for the

definitive allocation of the flexibility programme on the outcome of the

elements set out in paragraph 1. amendment of each programme in

amount referred to in the second mid-term review, including a

accordance with Article 19(1) or state subparagraph of Article 80(1), to the proposal for the definitive that no amendment is requested. The Commission by 31 March 2025 a allocation of the flexibility amount Member State shall justify the request for the amendment of each referred to in the second amendment on the basis of the programme in accordance with Article subparagraph of Article 80(1), to elements set out in paragraph 1 or, as 19(1). The Member State shall justify the Commission by 31 March 2025. appropriate, give reasons for not the amendment on the basis of the requesting the amendment of a elements set out in paragraph 1.

programme.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

• 2. 

  If deemed necessary following the Provisional common understanding II - 42 mid-term review of the programme or, in case new challenges were 2. If deemed necessary following

identified pursuant to point (a) of the mid-term review of the

paragraph 1, the Member State shall programme or, in case new submit to the Commission the challenges were identified pursuant assessment referred to in paragraph to point (a) of paragraph 1, the

1a together with the amended Member State shall submit to the programme. Commission the assessment referred to in paragraph 1a together with the amended programme.

The revised programme shall include: [no change] [no change] Provisional common understanding II - 43

[No change]

(a) the allocations of the financial Amendment 122 (a) the allocations of the financial Provisional common understanding II - 44 resources by priority including the

amounts for the years 2026 and 2027; (a) the revised initial allocations of the

resources by priority including the

financial resources by priority amounts for the years 2026 and 2027; (a) the allocations of the financial including the amounts for the years resources by priority;

2026 and 2027;

(b) revised or new targets; [no change] [no change] Provisional common understanding II - 45

 (b) revised or new targets;

Amendment 123 Provisional common understanding II - 46

(b a) the amounts to be contributed to

InvestEU per Fund and per category [(b a) the amounts to be

of region, where appropriate; contributed to InvestEU per Fund and per category of region, where

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

appropriate;]

(c) the revised allocations of the [no change] [no change] Provisional common understanding II - 47 financial resources resulting from the technical adjustment set out in Article (c) the revised allocations of the

104(2) including the amounts for the financial resources resulting from the years 2025, 2026 and 2027, where technical adjustment set out in Article applicable. 104(2) including the amounts for the

years 2025, 2026 and 2027, where applicable.

The Commission shall approve the Provisional common understanding II - 48 amendment of the programme in accordance with Article 19, The Commission shall approve the including a definitive allocation of amendment of the programme in the flexibility amount. accordance with Article 19, including a definitive allocation of the flexibility amount.

• 3. 

  Where as a result of the review a [no change] 3. Where, as a result of the mid-term Provisional common understanding II - 49 new programme is submitted, the review a new programme is submitted, financing plan under point (ii) of the financing plan under point (ii) of 3. Where, as a result of the mid-term

Article 17(3)(f) shall cover the total Article 17(3)(f) shall cover the total review a new programme is financial appropriation for each of the financial appropriation for each of the submitted, the financing plan under

Funds as of the year of the programme Funds as of, the year of Member State point (ii) of Article 17(3)(f) shall approval. considers that the programme cover the total financial appropriation

approval.does not need to be for each of the Funds as of, the year amended, the Commission shall: of Member State considers that the programme approval.does not need to be amended, the Commission shall:

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

• a) 

  either adopt a decision within Provisional common understanding II - 50 three months of the submission

  of this assessment confirming a) either adopt a decision within

  the definitive allocation of the three months of the submission of

  flexibility amount referred to this assessment confirming the in the second subparagraph of definitive allocation of the Article 80(1) or; flexibility amount referred to in the

  second subparagraph of Article 80(1) or;

• b) 

  request the Member State Provisional common understanding II - 51 within two months of the

  submission of this assessment b) request the Member State within to submit an amended two months of the submission of programme in accordance with this assessment to submit an Article 19; amended programme in accordance with Article 19;

3a. Until the adoption of the Provisional common understanding II - 52 Commission decision confirming the definitive allocation of the 3a. Until the adoption of the flexibility amount as referred to in Commission decision confirming paragraph 1a, this amount shall not the definitive allocation of the be available for selection of flexibility amount as referred to in operations. paragraph 1a, this amount shall not be available for selection of operations.

• 4. 

  In 2026, the Commission shall Provisional common understanding II - 53 prepare a report about the outcome of the mid-term review and submit 4. In 2026, the Commission shall it to the European Parliament and prepare a report about the outcome

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

to the Council. of the mid-term review and submit it to the European Parliament and to the Council.

Amendment 124 Provisional common understanding II - 54

3 a. The Commission shall, by 31

March 2026, adopt a report [EP amendment withdrawn]

summarising the results of the review referred to in paragraphs 1 and 2. The Commission shall communicate the report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

CHAPTER III CHAPTER III [no change] II - 55 Measures linked to sound economic Measures linked to sound economic

governance governance

Article 15 Amendments 425/rev, 444/rev, 448 Article 15 To be left for later when the Council II - 56 Measures linking effectiveness of and 469 Measures linking effectiveness of will have a mandate

Funds to sound economic governance Article 15 Funds to sound economic governance

37

Measures linking effectiveness of Funds to sound economic governance

36

36 EP position: deletion of Article 15 entails deletion of Recital (20).

37 Council position: The Council does not have yet a mandate on Article 15 of the Common Provisions Regulation.

ANNEX ECOMP.2 EN

Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

• 1. 

  The Commission may request a 1. The Commission may request a II - 57 Member State to review and propose Member State to review and propose amendments to relevant programmes, amendments to relevant programmes, where this is necessary to support the where this is necessary to support the implementation of relevant Council implementation of relevant Council Recommendations. Recommendations.

Such a request may be made for the Such a request may be made for the II - 58 following purposes: following purposes:

(a) to support the implementation of a (a) to support the implementation of a II - 59 relevant country-specific relevant country-specific recommendation adopted in recommendation adopted in accordance with Article 121(2) TFEU accordance with Article 121(2) TFEU and of a relevant Council and of a relevant Council recommendation adopted in recommendation adopted in accordance with Article 148(4) TFEU, accordance with Article 148(4) TFEU, addressed to the Member State addressed to the Member State concerned; concerned;

(b) to support the implementation of (b) to support the implementation of II - 60 relevant Council Recommendations relevant Council Recommendations addressed to the Member State addressed to the Member State concerned and adopted in accordance concerned and adopted in accordance with Articles 7(2) or 8(2) of with Articles 7(2) or 8(2) of

Regulation (EU) No 1176/2011 i 38 of Regulation (EU) No 1176/2011 i 39 of the European Parliament and of the the European Parliament and of the

38 Regulation (EU) No 1176/2011 i of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

39 Regulation (EU) No 1176/2011 i of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

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Commission proposal European Parliament's first reading Council position

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Council provided that these Council provided that these amendments are deemed necessary to amendments are deemed necessary to help correct the macro-economic help correct the macro-economic imbalances. imbalances.

• 2. 

  A request by the Commission to a 2. A request by the Commission to a II - 61 Member State in accordance with Member State in accordance with paragraph 1 shall be justified, with paragraph 1 shall be justified, with reference to the need to support the reference to the need to support the implementation of the relevant implementation of the relevant recommendations and shall indicate recommendations and shall indicate the programmes or priorities which it the programmes or priorities which it considers are concerned and the nature considers are concerned and the nature of the amendments expected. of the amendments expected.

• 3. 

  The Member State shall submit its 3. The Member State shall submit its II - 62 response to the request referred to in response to the request referred to in paragraph 1 within two months of its paragraph 1 within two months of its receipt, setting out the amendments it receipt, setting out the amendments it considers necessary in the relevant considers necessary in the relevant programmes, the reasons for such programmes, the reasons for such amendments, identifying the amendments, identifying the programmes concerned and outlining programmes concerned and outlining the nature of the amendments the nature of the amendments proposed proposed and their expected effects on and their expected effects on the the implementation of implementation of recommendations recommendations and on the and on the implementation of the implementation of the Funds. If Funds. If necessary, the Commission necessary, the Commission shall make shall make observations within one observations within one month of the month of the receipt of that response. receipt of that response.

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Commission proposal European Parliament's first reading Council position

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• 4. 

  The Member State shall submit a 4. The Member State shall submit a II - 63 proposal to amend the relevant proposal to amend the relevant programmes within two months of the programmes within two months of the date of submission of the response date of submission of the response referred to in paragraph 3. referred to in paragraph 3.

• 5. 

  Where the Commission has not 5. Where the Commission has not II - 64 submitted observations or where it is submitted observations or where it is satisfied that any observations satisfied that any observations submitted have been duly taken into submitted have been duly taken into account, it shall adopt a decision account, it shall adopt a decision approving the amendments to the approving the amendments to the relevant programmes in accordance relevant programmes in accordance with the time limit set out in Article with the time limit set out in Article [19(4)]. [19(4)].

• 6. 

  Where the Member State fails to 6. Where the Member State fails to II - 65 take effective action in response to a take effective action in response to a request made in accordance with request made in accordance with paragraph 1, within the deadlines set paragraph 1, within the deadlines set out in paragraphs 3 and 4, the out in paragraphs 3 and 4, the

Commission may suspend all or part Commission may suspend all or part of of the payments for the programmes or the payments for the programmes or priorities concerned in accordance priorities concerned in accordance with with Article 91. Article 91.

• 7. 

  The Commission shall make a 7. The Commission shall make a II - 66 proposal to the Council to suspend all proposal to the Council to suspend all or part of the commitments or or part of the commitments or payments for one or more of the payments for one or more of the programmes of a Member State in the programmes of a Member State in the

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Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

following cases: following cases:

(a) where the Council decides in (a) where the Council decides in II - 67 accordance with Article 126(8) or accordance with Article 126(8) or

Article 126(11) TFEU that a Member Article 126(11) TFEU that a Member

State has not taken effective action to State has not taken effective action to correct its excessive deficit; correct its excessive deficit;

(b) where the Council adopts two (b) where the Council adopts two II - 68 successive recommendations in the successive recommendations in the same imbalance procedure, in same imbalance procedure, in accordance with Article 8(3) of accordance with Article 8(3) of

Regulation (EU) No 1176/2011 i of the Regulation (EU) No 1176/2011 i of the

European Parliament and of the European Parliament and of the

Council 40 on the grounds that a Council 41 on the grounds that a

Member State has submitted an Member State has submitted an insufficient corrective action plan; insufficient corrective action plan;

(c) where the Council adopts two (c) where the Council adopts two II - 69 successive decisions in the same successive decisions in the same imbalance procedure in accordance imbalance procedure in accordance with Article 10(4) of Regulation (EU) with Article 10(4) of Regulation (EU) No 1176/2011 i establishing non No 1176/2011 establishing noncompliance by a Member State on the compliance by a Member State on the grounds that it has not taken the grounds that it has not taken the recommended corrective action; recommended corrective action;

40 Regulation (EU) No 1176/2011 i of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

41 Regulation (EU) No 1176/2011 i of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

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Commission proposal European Parliament's first reading Council position

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(d) where the Commission concludes (d) where the Commission concludes II - 70 that a Member State has not taken that a Member State has not taken measures as referred to in Council measures as referred to in Council

Regulation (EC) No 332/2002 i 42 and as Regulation (EC) No 332/2002 i 43 and as a consequence decides not to authorise a consequence decides not to authorise the disbursement of the financial the disbursement of the financial assistance granted to that Member assistance granted to that Member

State; State;

(e) where the Council decides that a (e) where the Council decides that a II - 71 Member State does not comply with Member State does not comply with the macro-economic adjustment the macro-economic adjustment programme referred to in Article 7 of programme referred to in Article 7 of Regulation (EU) No 472/2013 i of the Regulation (EU) No 472/2013 i of the European Parliament and of the European Parliament and of the

Council 44 , or with the measures Council 45 , or with the measures requested by a Council decision requested by a Council decision adopted in accordance with Article adopted in accordance with Article 136(1) TFEU. 136(1) TFEU.

Priority shall be given to the Priority shall be given to the II - 72 suspension of commitments; payments suspension of commitments; payments shall be suspended only when shall be suspended only when

42 Council Regulation (EC) No 332/2002 i of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002).

43 Council Regulation (EC) No 332/2002 i of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002).

44 Regulation (EU) No 472/2013 i of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).

45 Regulation (EU) No 472/2013 i of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).

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Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

immediate action is sought and in the immediate action is sought and in the case of significant non-compliance. case of significant non-compliance. The suspension of payments shall The suspension of payments shall apply to payment applications apply to payment applications submitted for the programmes submitted for the programmes concerned after the date of the concerned after the date of the decision decision to suspend. to suspend.

The Commission may, on grounds of The Commission may, on grounds of II - 73 exceptional economic circumstances exceptional economic circumstances or or following a reasoned request by the following a reasoned request by the Member State concerned addressed to Member State concerned addressed to the Commission within 10 days of the Commission within 10 days of adoption of the decision or adoption of the decision or recommendation referred to in the recommendation referred to in the previous sub-paragraph, recommend previous sub-paragraph, recommend that the Council cancel the suspension that the Council cancel the suspension referred to in the same sub-paragraph. referred to in the same sub-paragraph.

• 8. 

  A proposal by the Commission for 8. A proposal by the Commission for II - 74 the suspension of commitments shall the suspension of commitments shall be deemed adopted by the Council be deemed adopted by the Council unless the Council decides, by means unless the Council decides, by means of an implementing act, to reject such of an implementing act, to reject such a a proposal by qualified majority proposal by qualified majority within within one month of the submission of one month of the submission of the the Commission proposal. Commission proposal.

The suspension of commitments shall The suspension of commitments shall II - 75 apply to the commitments from the apply to the commitments from the Funds for the Member State concerned Funds for the Member State concerned from 1 January of the year following from 1 January of the year following

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Commission proposal European Parliament's first reading Council position

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the decision to suspend. the decision to suspend.

The Council shall adopt a decision, by The Council shall adopt a decision, by II - 76 means of an implementing act, on a means of an implementing act, on a proposal by the Commission referred proposal by the Commission referred to in paragraph 7 in relation to the to in paragraph 7 in relation to the suspension of payments. suspension of payments.

• 9. 

  The scope and level of the 9. The scope and level of the II - 77 suspension of commitments or suspension of commitments or payments to be imposed shall be payments to be imposed shall be proportionate, shall respect the proportionate, shall respect the equality of treatment between Member equality of treatment between Member States and shall take into account the States and shall take into account the economic and social circumstances of economic and social circumstances of the Member State concerned, in the Member State concerned, in particular the level of unemployment, particular the level of unemployment, the level of poverty or social exclusion the level of poverty or social exclusion of the Member State concerned in of the Member State concerned in relation to the Union average and the relation to the Union average and the impact of the suspension on the impact of the suspension on the economy of the Member State economy of the Member State concerned. The impact of suspensions concerned. The impact of suspensions on programmes of critical importance on programmes of critical importance to address adverse economic or social to address adverse economic or social conditions shall be a specific factor to conditions shall be a specific factor to be taken into account. be taken into account.

• 10. 

  The suspension of commitments 10. The suspension of commitments II - 78 shall be subject to a maximum of 25 % shall be subject to a maximum of 25 % of the commitments relating to the of the commitments relating to the next calendar year for the Funds or next calendar year for the Funds or

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Commission proposal European Parliament's first reading Council position

COM(2018)375 i (27/3/19) (COREPER partial mandate Compromise proposal, comments Row 15/2/2019)

0,25 % of nominal GDP whichever is 0,25 % of nominal GDP whichever is lower, in any of the following cases: lower, in any of the following cases:

(a) in the first case of non-compliance (a) in the first case of non-compliance II - 79 with an excessive deficit procedure as with an excessive deficit procedure as referred to under point (a) of referred to under point (a) of paragraph paragraph 7;; 7;;

(b) in the first case of non- compliance (b) in the first case of non- compliance II - 80 relating to a corrective action plan relating to a corrective action plan under an excessive imbalance under an excessive imbalance procedure as referred to under point b procedure as referred to under point b of paragraph 7; of paragraph 7;

(c) in case of non-compliance with the (c) in case of non-compliance with the II - 81 recommended corrective action recommended corrective action pursuant to an excessive imbalance pursuant to an excessive imbalance procedure as referred to under point procedure as referred to under point (c) (c) of paragraph 7; of paragraph 7;

(d) in the first case of non-compliance (d) in the first case of non-compliance II - 82 as referred to under points (d) and (e) as referred to under points (d) and (e) of paragraph 7. of paragraph 7.

In case of persistent non-compliance, In case of persistent non-compliance, II - 83 the suspension of commitments may the suspension of commitments may exceed the maximum percentages set exceed the maximum percentages set out in the first sub-paragraph. out in the first sub-paragraph.

• 11. 

  The Council shall lift the 11. The Council shall lift the II - 84 suspension of commitments on a suspension of commitments on a proposal from the Commission, in proposal from the Commission, in

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Commission proposal European Parliament's first reading Council position

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