Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

Scrutiny details

Subsidiarity deadline: 17/03/2020
Scrutiny Information

Scrutiny date: 15/02/2019

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions
Labour, Integration and Social Policy

Agricultural Policy and Consumer Protection
the Environment, Nature Protection and Reactor Safety

Economic Affairs

Lisbon Treaty procedures
  Political Dialogue

15/02/2019 | Scrutiny results - COM20180375

After its previous statement on 19 October 2018, the Bundesrat adds with regards to the European Semester and the proposed greater consideration of CSRs in the structural funds’ programming:

The Bundesrat generally welcomes the Commission’s approach to henceforth support necessary structural reforms through positive incentives rather than sanctions. The Bundesrat points out that the procedure to establish investment guidelines has been initiated – without the conclusion of negotiations on and the entering into force of legal bases for the programming of structural funds. The Bundesrat further points out that the Annex to the Country Report remains a non-binding consultative document, even after the consultation of member states. The Bundesrat renews its call for a continued use of structural funds on a regional level only after the involvement of regional actors and their specific experiences to maintain ownership and effectiveness. The Bundesrat sees the need for transparent procedures and appropriate deadlines.

19/10/2018 | Scrutiny results - COM20180375

The Bundesrat that the Commission has presented its MFF proposal in a timely manner, and, the interest of an effective preparation and timely start of the new funding period, for negotiations to be concluded expeditiously before the European Elections. It notes that, according to Article 174 TFEU, Cohesion policy contributes significantly to the economic, social and territorial cohesion in Europe. The Bundesrat expects that the proposed leaner regulation, through its greater clarity, will lead to better manageability in practice. Additional documents, such as Recommendations, Guidelines and Delegated Acts should be limited to its bare minimum. The latter, furthermore, must not have retroactive effect, as this would greatly limit planning security for authorities and beneficiaries. The Bundesrat highlights the important role that transition and more developed regions play for the entire EU as growth and innovation engines.
The proposal only contains the budgets for ERDF and ESF, combined, while the national allocation between the two as well as between transition and more developed regions remains unclear. This should be remediated. The Bundesrat is critical of the proposed allocation of funds for 2021 to 20127, following a scheme of even distribution over the years. It would prefer annually increasing contributions in order to avoid overlap with the expiring funding period. The Bundesrat generally welcomes the continuation of the so called Berlin formula for distribution of funds as well as the relative GDP per capita criterion. It welcomes the addition of further criteria such as climate change (reduction of greenhouse gases), unemployment, specific demographic problems such as aging populations, and admission and integration of refugees for the allocation of funds. All these should be of relevance as long as their effect is not indirectly taken into account already through the GDP per capita criterion, already. The Bundesrat rejects the proposal to determine thematic priorities on the national instead of the regional level, as framework conditions may remain diverse among regions in the member states.
The Bundesrat welcomes the proposed option to transfer resources among the funds up to the amount of 5 per cent. However, in the light of increased flexibility, raising the threshold even more would be expedient. The rules for this combination should be specified and clarified. The Bundesrat rejects the  proposed mid-term review with the obligatory program modification in 2025 as this would exclude the funding of multiannual projects after a specific time frame. The Bundesrat adheres to the current planning period of seven years, only for program changes should Commission approval be required.
In light of the European added value, the financial allocation for European territorial cooperation is insufficient. In particular, the drastic cuts to cross-border cooperation (pillar 1) and the omission of the Interreg Europe part are incomprehensible.
The Bundesrat opposes the proposed high frequency of data transmission for monitoring purposes due to the increased efforts needed for that.
The Bundesrat remains highly critical of the proposed increase of national co-financing rates and asks the Commission to present solutions for the regions that would be affected the most by these disproportionate cuts. The Bundesrat rejects the proposed reintroduction of the n+2 provision as it would require too much of an administrative burden in the transitory phase, in particular.
The Bundesrat supports the Commission’s proposal to introduce more ambitious goals for the implementation of the Paris climate agreement as well as the UN’s SDGs into all EU programs. The proposal should be made more operational in the course of negotiations.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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