Amendments adopted by the European Parliament on 24 October 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States to cover serious financial burden inflicted on them following a withdrawal of the United Kingdom from the Union without an agreement (COM(2019)0399 — C9-0111/2019 — 2019/0183(COD))
Date: 2019-10-24
Institutions: Committee on Budgets, Committee on Regional Development, European Parliament
Subjects: United Kingdom, aid to disaster victims, emergency aid, financial aid, fund (EU), natural disaster, withdrawal from the EU




C_2021202EN.01012301.xml










28.5.2021   


EN


Official Journal of the European Union


C 202/123






P9_TA(2019)0045
Financial assistance to Member States to cover serious financial burden inflicted on them following a withdrawal of the United Kingdom from the EU without an agreement ***I
Amendments adopted by the European Parliament on 24 October 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States to cover serious financial burden inflicted on them following a withdrawal of the United Kingdom from the Union without an agreement (COM(2019)0399 — C9-0111/2019 — 2019/0183(COD)) (1)

(Ordinary legislative procedure: first reading)
(2021/C 202/26)

Amendment 1


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


To mitigate the economic impact of the withdrawal of the United Kingdom from the Union without an agreement and to show solidarity with the most affected Member States in such exceptional circumstances, Regulation (EC) No 2012/2002 should be amended to support related public expenditure.












(4)


To mitigate the economic 
and social
 impact of the withdrawal of the United Kingdom from the Union without an agreement and to show solidarity with the most affected Member States in such exceptional circumstances, Regulation (EC) No 2012/2002 should be amended to support related public expenditure.









Amendment 2


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


As this is an exceptional use of the Fund, its assistance to mitigate serious financial burden, inflicted on the Member States as a 
direct
 consequence of the withdrawal of the United Kingdom from the Union without an agreement, should be targeted and limited in time to safeguard the Fund’s original rationale and its capacity to respond to natural disasters.












(5)


As this is an exceptional use of the Fund, its assistance to mitigate serious financial burden, inflicted 
or to be inflicted
 on the Member States 
in preparation for, or
 as a consequence of, the withdrawal of the United Kingdom from the Union without an agreement, should be targeted and limited in time to safeguard the Fund’s original rationale and its capacity to respond to natural disasters.









Amendment 3


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


To maintain the availability of the Fund for natural disasters, 
its original purpose, a budgetary ceiling for support related to the
 withdrawal of the United Kingdom from the Union without an agreement 
should be established
.












(8)




Considering that a reasonable budget needs to be provided in order
 to maintain the availability of the 
European Union Solidarity
 Fund for natural disasters, 
other additional means need to be made available to Member States and regions to help them limit the impact of a potential
 withdrawal of the United Kingdom from the Union without an agreement
, for example by way of the EGF or other ad hoc financial instruments
.









Amendment 4


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


Assistance from the Fund to mitigate serious financial burden inflicted on the Member States as a consequence of the withdrawal of the United Kingdom from the Union without an agreement should be subject to the same rules for implementation, monitoring, reporting, control and audit as any other interventions of the Fund. In addition, given the broad scope of public expenditure potentially eligible for support, it is important to ensure that other provisions of EU law, in particular the State aid rules, are respected.












(9)


Assistance from the Fund to mitigate serious financial burden inflicted 
or which may be inflicted
 on the Member States 
in preparation for, or
 as a consequence of, the withdrawal of the United Kingdom from the Union without an agreement should be subject to the same rules for implementation, monitoring, reporting, control and audit as any other interventions of the Fund. In addition, given the broad scope of public expenditure potentially eligible for support, it is important to ensure that other provisions of EU law, in particular the State aid rules, are respected.









Amendment 5


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EC) No 2012/2002
Article 3a — paragraph 2







Text proposed by the Commission




Amendment






(2)   The available appropriations for this goal shall be limited to 
half
 of the maximum available amount for the Fund intervention for the years 2019 and 2020.




(2)   The available appropriations for this goal shall be limited to 
30 %
 of the maximum available amount for the Fund intervention for the years 2019 and 2020.






Amendment 6


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EC) No 2012/2002
Article 3a — paragraph 3







Text proposed by the Commission




Amendment






(3)   Such assistance shall cover a part of the additional public expenditure 
caused directly by the withdrawal without an agreement and
 incurred exclusively between 
the date of the withdrawal without an agreement
 and 31 December 2020 (‘financial burden’).




(3)   Such assistance shall cover a part of the additional public expenditure incurred exclusively between 
1 January 2019
 and 31 December 2020
in preparation for, or as a consequence of, a withdrawal without an agreement
 (‘financial burden’).






Amendment 7


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EC) No 2012/2002
Article 3a — paragraph 4







Text proposed by the Commission




Amendment






(4)   A Member State shall be eligible to apply for assistance under this Article, if the financial burden it has suffered is estimated to be either over EUR 
1 500 000 000 
 in 2011 prices, or more than 
0,3  %
 of its GNI.




(4)   A Member State shall be eligible to apply for assistance under this Article, if the financial burden it has suffered is estimated to be either over EUR 
750 000 000 
 in 2011 prices, or more than 
0,15  %
 of its GNI.






Amendment 8


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EC) No 2012/2002
Article 3 b — paragraph 1







Text proposed by the Commission




Amendment






(1)   Assistance provided under Article 3a shall cover only the financial burden borne by a Member State compared to the situation where an agreement between the Union and the United Kingdom would have been concluded. Such assistance may be used, for example, to provide support to businesses affected by the withdrawal without an agreement, including support to State aid measures for those businesses and related interventions; measures to preserve existing employment; and to ensure the functioning of border, customs, sanitary and phytosanitary controls, including additional personnel and infrastructure.




(1)   Assistance provided under Article 3a shall cover only the financial burden borne by a Member State compared to the situation where an agreement between the Union and the United Kingdom would have been concluded. Such assistance may be used, for example, to provide support to businesses 
and workers
 affected by the withdrawal without an agreement, including support to State aid measures for those businesses and related interventions; measures to preserve existing employment; and to ensure the functioning of border, customs, sanitary and phytosanitary controls, including additional personnel and infrastructure.






Amendment 9


Proposal for a regulation


Article 1 — paragraph 1 — point 3

Regulation (EC) No 2012/2002
Article 3 b — paragraph 6 a (new)







Text proposed by the Commission




Amendment





 





(6 a)
   
Expenditure eligible for financing under the European Globalisation Adjustment Fund shall not be financed under this Regulation.








Amendment 10


Proposal for a regulation


Article 1 — paragraph 1 — point 6

Regulation (EC) No 2012/2002
Article 4 a — paragraph 1







Text proposed by the Commission




Amendment






(1)   The responsible national authorities of a Member State may submit a single application to the Commission for a financial contribution from the Fund in accordance with Article 3a by 30 
April
 2020 at the latest. The application shall include, as a minimum, all relevant information on the financial burden inflicted on that Member State. It shall describe the public measures taken in response to the withdrawal without an agreement specifying their net cost until 31 December 2020
and the reasons why that net cost could not have been avoided through preparedness measures
. It should also include the justification concerning direct effect of the withdrawal without an agreement.




(1)   The responsible national authorities of a Member State may submit a single application to the Commission for a financial contribution from the Fund in accordance with Article 3a by 30 
June
 2020 at the latest. The application shall include, as a minimum, all relevant information on the financial burden inflicted on that Member State. It shall describe the public measures taken 
in preparation for or
 in response to the withdrawal without an agreement specifying their net cost until 31 December 2020. It should also include the justification concerning direct effect of the withdrawal without an agreement.






Amendment 11


Proposal for a regulation


Article 1 — paragraph 1 — point 6

Regulation (EC) No 2012/2002
Article 4 a — paragraph 2







Text proposed by the Commission




Amendment






(2)   The Commission shall prepare guidance on how to access and implement the Fund effectively. The guidance shall provide detailed information on the preparation of the application, and the information to be submitted to the Commission, including on the evidence to be provided concerning the financial burden inflicted. The guidance shall be made public on the websites of the relevant Directorate Generals of the Commission and the Commission shall ensure its wider dissemination to the Member States.




(2)   The Commission shall prepare guidance 
by 31 December 2019
 on how to access and implement the Fund effectively. The guidance shall provide detailed information on the preparation of the application, and the information to be submitted to the Commission, including on the evidence to be provided concerning the financial burden inflicted. The guidance shall be made public on the websites of the relevant Directorate Generals of the Commission and the Commission shall ensure its wider dissemination to the Member States.






Amendment 12


Proposal for a regulation


Article 1 — paragraph 1 — point 6

Regulation (EC) No 2012/2002
Article 4 a — paragraph 3







Text proposed by the Commission




Amendment






(3)   After 30 
April
 2020, the Commission shall assess on the basis of the information referred to in paragraphs 1 and 2, for all applications received, whether the conditions for mobilising the Fund are met in each case and shall determine the amounts of any possible financial contribution from the Fund within the limits of the financial resources available.




(3)   After 30 
June
 2020, the Commission shall assess on the basis of the information referred to in paragraphs 1 and 2, for all applications received, whether the conditions for mobilising the Fund are met in each case and shall determine the amounts of any possible financial contribution from the Fund within the limits of the financial resources available.






Amendment 13


Proposal for a regulation


Article 1 — paragraph 1 — point 6

Regulation (EC) No 2012/2002
Article 4a — paragraph 4







Text proposed by the Commission




Amendment






(4)   Assistance from the Fund shall be awarded to the Member States meeting the eligibility criteria, taking into account the thresholds specified in Article 3a(4), at a rate of up to 
5 %
 of the inflicted financial burden, and within the limits of the budget available. In the event that the budget available should prove insufficient, the aid rate shall be proportionately reduced.




(4)   Assistance from the Fund shall be awarded to the Member States meeting the eligibility criteria, taking into account the thresholds specified in Article 3a(4), at a rate of up to 
10 %
 of the inflicted financial burden, and within the limits of the budget available. In the event that the budget available should prove insufficient, the aid rate shall be proportionately reduced.






Amendment 14


Proposal for a regulation


Article 1 — paragraph 1 — point 6

Regulation (EC) No 2012/2002
Article 4a — paragraph 6







Text proposed by the Commission




Amendment






(6)   The decision to mobilise the Fund shall be taken jointly by the European Parliament and the Council as soon as possible after the submission of the proposal by the Commission. The Commission, on the one hand, and the European Parliament and the Council, on the other hand, shall endeavour to minimise the time taken to mobilise the Fund.




(6)   The decision to mobilise the Fund shall be taken jointly by the European Parliament and the Council as soon as possible after the submission of the proposal by the Commission. The Commission, on the one hand, and the European Parliament and the Council, on the other hand, shall endeavour to minimise the time taken to mobilise the Fund 
and shall commit to proposing, in as short a time as possible, a purpose-made instrument to tackle such emergency
.







(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0020/2019).