What changed

AMENDMENTS

25.4.2023

The Committee on Regional Development calls on the Committee on Budgets and the Committee on Budgetary Control, as the committees responsible, to take into account the following amendments:

Ms Monika Hohlmeier

Amendment 1

Chair

Proposal for a regulation

Committee on Budgetary control

Recital 1

BRUSSELS

Amendment 2

Mr Johan Van Overtveldt

Proposal for a regulation

Chair

Recital 9

Committee on Budgets

Amendment 3

BRUSSELS

Proposal for a regulation

Subject: Opinion on a proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast) (COM(2022)0223 – C90179/2022 – 2022/0162(COD))

Recital 21

Dear Chairs,

Amendment 4

The Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on recasting of Parliament's Rules of Procedure.

Proposal for a regulation

Paragraph 3 of that Rule reads as follows:

Recital 24

“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

Amendment 5

In such a case, over and above the conditions laid down in Rules 180 and 181, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

Proposal for a regulation

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Recital 27

Following the here attached opinion of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.

Amendment 6

As regards the amendments originating from a later act, that is Regulation (EU, Euratom) 2022/2434, which was proposed and adopted after the proposal for the recast of Regulation (EU, Euratom) 2018/1046 was submitted, the Committee on Legal Affairs considers that those amendments should also be incorporated into the final text of the recast version of Regulation (EU, Euratom) 2018/1046.

Proposal for a regulation

In conclusion, at its meeting of 25 April 2023, the Committee on Legal Affairs unanimously decided to recommend that the Committee on Budgets and the Committee on Budgetary Control, as the committees responsible, proceed to examine the above proposal in accordance with Rule 110.

Recital 29

Yours sincerely,

Amendment 7

Adrián Vázquez Lázara

Proposal for a regulation

Encl.: Opinion of the Consultative Working Party.

Recital 103

Annex

Amendment 8

Brussels, 11 April 2023

Proposal for a regulation

OPINION

Recital 115

FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

Amendment 9

THE COUNCIL

Proposal for a regulation

THE COMMISSION

Recital 134

Proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union

Amendment 10

COM(2022)0223 of 16.5.2022 – 2022/0162(COD)

Proposal for a regulation

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 19 January, 25 January and 2 February 2023 for the purpose of examining the aforementioned proposal submitted by the Commission.

Recital 140

At those meetings, an examination of the proposal for a Regulation of the European Parliament and of the Council recasting Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union resulted in the Consultative Working Party’s establishing, by common accord, as follows.

Amendment 11

1. The following should have been marked with the grey-shaded type generally used for identifying substantive amendments:

Proposal for a regulation

- the deletion of recital 181 of Regulation (EU, Euratom) 2018/1046;

Recital 150

- in Article 14(1), the replacement of the words ‘without prejudice to’ with the word ‘notwithstanding’;

Amendment 12

- in Article 32(2), first subparagraph, the adding of the words ‘under Article 9(1), point (b), of Regulation (EU, Euratom) 2020/2093’;

Proposal for a regulation

- in Article 32(2), third subparagraph, the adding of the words ‘for assistance under Article 9(1), point (b), of Regulation (EU, Euratom) 2020/2093’;

Recital 158

- in Article 38(2)(b), the adding of the words ‘first and last’;

Amendment 13

- in Article 49(1), second subparagraph, the replacement of the reference made to ‘point (c) of the first subparagraph of Article 30(1)’ with a reference to ‘Article 30(2), point (a)’;

Proposal for a regulation

- in Article 62(1), first subparagraph, point (a), the replacement of the article number ‘153’ with ‘157’;

Recital 161

- in Article 62(1), first subparagraph, point (c), introductory wording, the replacement of the article number ‘149’ with ‘153’;

Amendment 14

- in Article 93(4), first subparagraph, introductory wording, the replacement of the reference made to ‘Article 143(2)’ with a reference to ‘Article 146(2), subparagraph 1, points (a) and (b)’;

Proposal for a regulation

- in Article 113(4), first subparagraph, the deletion of the words ‘either’ and ‘or’;

Recital 165

- in Article 138(4), second subparagraph, the adding of the indication ‘and (8)’;

Amendment 15

- in Article 139(1), point (c)(iv), the deletion of the word ‘procedure’;

Proposal for a regulation

- in Article 139(4), point (f)(ii), the adding of the word ‘or’;

Recital 178

- in Article 162(2), the replacement of the reference made to ‘Article 155(5)’ with a reference to ‘Article 159(8)’;

Amendment 16

- in Article 200(1), point (d), the replacement of the reference made to ‘point (c) of the first subparagraph of Article 62(1)’ with a reference to ‘Article 62(1), first subparagraph, point (b)’;

Proposal for a regulation

- in Article 253(1), point (d), the replacement of the reference made to ‘Article 118(4)’ with a reference to ‘Article 119(8)’;

Recital 248

- in Article 275(1), the deletion of the third sentence of Article 279(1) of Regulation (EU, Euratom) 2018/1046;

Amendment 17

- in Article 278, second paragraph, the replacement of the date ‘2 August 2018’ with the indication ‘[...]’;

Proposal for a regulation

- in the introductory wording of point 20.2 of Annex I, the adding of the words ‘in particular’.

Recital 256

2. In Article 41(2), first subparagraph, the reference made to ‘the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management’ should have been replaced with a reference to ‘the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources’. The corresponding footnote no. 69 should read ‘OJ L 4331, 22.12.2020, p. 28’.

Amendment 18

3. In Article 139(1), point (d)(iv), the words ‘in Article 4 of that Decision’ should have been replaced by the words ‘in Article 14 of that Directive’.

Proposal for a regulation

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such.

Article 2 – paragraph 1 – point 1

The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that, at the time when proposal COM(2022) 223 final was submitted by the Commission to the European Parliament and to the Council, that proposal contained a straightforward codification of the existing legal text, without any change in its substance. However, after the submission of proposal COM(2022) 223 final, the Commission also submitted proposal COM(2022) 596 final and, as a result of the relevant legislative procedure, Regulation (EU, Euratom) 2022/2434 of the European Parliament and of the Council of 6 December 2022 amending Regulation (EU, Euratom) 2018/1046 as regards the establishment of a diversified funding strategy as a general borrowing method was adopted and published in the Official Journal. The amendments originating from Regulation (EU, Euratom) 2022/2434 should therefore be incorporated in the final text of the recast version of Regulation (EU, Euratom) 2018/1046.

Amendment 19

F. DREXLER J.B. LAIGNELOT D. CALLEJA CRESPO

Proposal for a regulation

Jurisconsult acting Director-General Director-General

Article 2 – paragraph 1 – point 5

Amendment 20

Proposal for a regulation

Article 2 – paragraph 1 – point 20

Amendment 21

Proposal for a regulation

Article 2 – paragraph 1 – point 22 – point b

Amendment 22

Proposal for a regulation

Article 6 – paragraph 1

Justification

The addition of the respect for rule of law and fundamental rights among the principles is needed for reasons relating to the internal logic of the text and it is strictly linked to the modification proposed on art. 6, paragraph 2.

Amendment 23

Proposal for a regulation

Article 6 – paragraph 2

Amendment 24

Proposal for a regulation

Article 33 – paragraph 2 – point d

Amendment 25

Proposal for a regulation

Article 36 – paragraph 2 – point d

Amendment 26

Proposal for a regulation

Article 36 – paragraph 3 – point c

Amendment 27

Proposal for a regulation

Article 36 – paragraph 6 – point a

Amendment 28

Proposal for a regulation

Article 36 – paragraph 7 – subparagraph 1

Amendment 29

Proposal for a regulation

Article 36 – paragraph 7 – subparagraph 2

Amendment 30

Proposal for a regulation

Article 56 a (new)

Justification

This new article on budget implementation in accordance with the principle of respect for rule of law and fundamental rights is needed for reasons relating to the internal logic of the text and it is strictly linked to the modification proposed on art. 6, paragraph 2.

Amendment 31

Proposal for a regulation

Article 63 – paragraph 5 – point b

Justification

The purpose of this addition is to bring more closely into line the provisions of Article 63(5)(b) of the Financial Regulation and those of Article 77(3)(b) of Regulation (EU) No 1060/2021 laying down common provisions for the programming period 2021-2027, clearly obviating the need to draw up two separate documents for the programming period 2021-2027: the annual summary drawn up by the managing authority and the annual control report drawn up by the audit authority.

Amendment 32

Proposal for a regulation

Article 168 – paragraph 5 – point b

Justification

Addition of Article 182(1) setting thresholds for external actions. Procedures involving calls for expression of interest are applicable to external actions, under point 13.1 of Annex I, which relates to both limit categories - referred to in Article 179 (1) (new) and Article 182 (1) (new).

Amendment 33

Proposal for a regulation

Article 212 – paragraph 5 – subparagraph 2

Amendment 34

Proposal for a regulation

Annex I – Part 2 – point 34 – point 34.2 – paragraph 2

Justification

Point 34 is not mentioned under point 37 (new) as exempt from external actions. We accordingly propose the inclusion of reference to the new Article 182(1), which sets out the thresholds for external actions.

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION