Text · Amendment list
Establishing Global Europe
Document CJ19-AM-789070 · COM(2025)0551 – 2025/0227(COD)
- Kind
- Amendment list CJ19-AM-789070
- Date
- 26 May 2026
- Committee
- Committee on Foreign Affairs Committee on Development
- Dossier
- 2025-0227
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- COM(2025)0551 – 2025/0227(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| Migration and forced displacement | Migration and illegal immigration |
| Text proposed by the Commission | Amendment |
|---|---|
| Migration and forced displacement | Migration and border security |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, including by intensifying the fight against migrant smuggling and trafficking in human beings, and by countering the role of both state and nonstate actors facilitating or instrumentalising irregular migration. And to support the return and reintegration of migrants and their families and forced displacement, including their root causes. Particular emphasis shall be placed on combating migrant smuggling and trafficking in human beings, strengthening border management capacities and protecting vulnerable persons, especially women and children, from exploitation and violence. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a common and human rights-based approach to migration, including to address forced displacement and its root causes. All actions shall be implemented in full respect of international law, including international human rights law, refugee law, Istanbul Convention and GAP III, and in line with the Union principles guiding its external action. A maximum of 10 % of the financial envelope for the Instrument should be dedicated particularly to actions supporting the management and governance of migration and forced displacement within the objectives of the Instrument. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive and mutually beneficial approach towards migration, mobility and forced displacement, in full respect of humanitarian and human rights obligations under international and Union law. It shall work to ensure that migration takes place in a safe and orderly manner and that support is provided to forcibly displaced populations and their host communities, including through the design and implementation of durable solutions, including safe, dignified, sustainable and effective voluntary returns and readmissions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union may engage with partner countries on the basis of a comprehensive and mutually beneficial approach towards migration, mobility and forced displacement, working to ensure that migration takes place in a safe and orderly manner and that support is provided to forcibly displaced populations and their host communities with a view to promoting inclusion, reducing vulnerabilities and preventing exploitation of migrants, refugees, stateless persons and asylum-seekers. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a holistic, comprehensive and mutually beneficial approach towards migration, mobility, and forced displacement, through sustainable development, poverty eradication, inclusive growth, education and job creation in partner countries, to ensure that migration takes place in a safe and orderly manner and support is provided to forcibly displaced populations and their host communities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent illegal and irregular migration, and forced displacement, including their root causes. Failure by partner countries to comply may result in the suspension of programmes. |
Jan-Christoph Oetjen, Marie-Agnes Strack-Zimmermann, Dan Barna, Abir Al-Sahlani, Irena Joveva, Fabienne Keller, Raquel García Hermida-Van Der Walle
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive, mutually beneficial approach towards migration, to support legal pathways and mobility partnerships, to encourage circular migration, and to address the root causes of irregular migration and forced displacement, in full respect of international law and human rights obligations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration that prioritises the prevention of irregular migration, the effective return of third country nationals who do not have a right to remain in the Union and the dismantling of organisations facilitating irregular migration. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, human smuggling and trafficking, the weaponisation of migration and forced displacement, including its root causes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent and combat irregular migration, the trafficking of migrants and forced displacement, including their root causes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach to migration, in particular to prevent irregular migration, instrumentalised immigration and migratory pressure, and to address their root causes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards better migration and border management, in particular to prevent irregular migration, and forced displacement, including their root causes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent irregular migration, and forced displacement, including their root causes. | 1. The Union shall engage with partner countries on the basis of a comprehensive approach towards migration, in particular to prevent illegal migration, and forced displacement, including their root causes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration, including through operational cooperation on border management, prevention of irregular migration, the fight against migrant smuggling and trafficking in human beings, returns, readmission and sustainable reintegration, taking into account the level of cooperation of partner countries in these areas. Such cooperation should contribute to a coordinated whole-of-route approach aimed at preventing irregular migration, reducing migratory pressures, combating criminal networks and strengthening mutually beneficial partnerships with countries of origin and transit, particularly in Africa and the Mediterranean region. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
Strengthens cooperation with partner countries on migration management, including border management, the fight against migrant smuggling and trafficking in human beings, returns, readmission and sustainable reintegration, while promoting a partnership-based and whole-of-route approach.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build mutually beneficial partnerships, paying specific attention to development-oriented solutions, while supporting reintegration programmes, labour mobility and legal pathways. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build bilateral, regional and international comprehensive partnerships. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration and shall comply with the principles and criteria for Official Development Assistance. The Instrument shall enable the Union to address ongoing and emerging forced displacement through flexible funding, while respecting the financial envelopes and relying on their flexible implementation. Those actions shall be implemented in full respect of international law, including international humanitarian, human rights and refugee law Union and national competences. The effectiveness of that approach shall be assessed, while ensuring that migration-related conditionality remains within the limits, scope and safeguards applicable under the NDICI – Global Europe framework. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build mutual beneficial comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route and human rights based approach. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration and shall fulfil the principles and criteria for ODA of migration actions. In line with OECD/DAC guidance on development effectiveness, migration-related funding shall not be used for border management or externalisation of EU responsibilities, as this undermines partner countries' ownership and long-term development outcomes. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
Development funding should not be suspended for lack of cooperation on readmission. Addressing root causes, protection, mobility, and forced displacement need to be in the center of EU policy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. Synergies with Member States´ actions shall be ensured, with a view to reinforcing the overall effectiveness of the Union´s external migration policy. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. Synergies with Member States´ actions shall be ensured, with a view to reinforcing the overall effectiveness of the Union´s migration policy. |
Jan-Christoph Oetjen, Marie-Agnes Strack-Zimmermann, Abir Al-Sahlani, Irena Joveva, Fabienne Keller, Raquel García Hermida-Van Der Walle
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach, while complying with the principles and criteria for Official Development Assistance in line with Article 6(5). Within this context, possible changes in allocation of funding related to migration may be made, if all objectives and programming principles of the Instrument as set out in Articles 4 and 14 continue to be fulfilled. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships while respecting the principle of subsidiarity and the competences of the Member States, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on preventing illegal migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a strict conditionality approach with mandatory changes in allocation of funding and redirection of development assistance in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14 in the event of a lack of cooperation on readmission and returns. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration and preventing irregular migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration and irregular migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements, and, in specific cases, their suspension, and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law applicable to migration in its current form, and of Union and national competences. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. The effectiveness of cooperation with partner countries on the matters referred to in paragraph 1 shall constitute a binding condition for the allocation and disbursement of funds under this Regulation. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. Allocations to partner countries shall reflect demonstrated cooperation, in particular on readmission, border management, cooperation against migrant-smuggling networks and the prevention of irregular departures. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This approach shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route approach. It shall combine all appropriate tools and the necessary leverage through a flexible approach with, as appropriate within this context, possible changes in allocation of funding related to migration in accordance with the objectives and programming principles of the Instrument as set out in Articles 4 and 14. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. | 2. This approach shall fully respect the principles and criteria for ODA and shall maximise synergies and build comprehensive partnerships, paying specific attention to countries of origin, transit and departure in a seamless whole-of-route and human-rights based approach. In this regard, it shall not be used for externalisation of EU responsibilities with regard international protection and shall not undermine partner countries ownership and long-term development outcomes. It shall take into account effective cooperation and implementation of Union agreements and arrangements and of dialogues on migration. Those actions shall be implemented in full respect of international law, including international human rights and refugee law, Union and national competences. |
| Text proposed by the Commission | Amendment |
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| 2 a. Within the geographical envelopes set out in Article 6(1), a dedicated indicative allocation of at least EUR 3 000 000 000 over the period 2028–2034 shall be reserved for cooperation with partner countries on border management, return cooperation, anti-smuggling cooperation and capacity-building in countries of origin and transit. |
| Text proposed by the Commission | Amendment |
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| 2 a. The Instrument may support operational cooperation aimed at preventing irregular border crossings, dismantling smuggling network and reinforcing border surveillance capacities in partner countries, as well as the smuggling of women and girls. |
| Text proposed by the Commission | Amendment |
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| 2 b. The Instrument should enable the Union, in cooperation with Member States, to comprehensively respond to challenges, needs and opportunities related to migration and forced displacement in a way that is coherent with and complementary to Union migration and asylum policy. Migration-related actions under the Instrument should contribute to the effective implementation of Union agreements and dialogues on migration with partner countries by encouraging cooperation relying on a flexible initiative approach and supported by a coordination mechanism under the Instrument. The coordination mechanism should enable ongoing and emerging migration and forced displacement challenges to be addressed under the Instrument, using all appropriate components through flexible funding, while respecting its financial envelopes and relying on their flexible implementation. Those actions should be implemented in full respect of international law, including international human rights law, international humanitarian law and refugee law, and Union and national competences while ensuring consistency with the Union's strategic interests and policy objectives in the area of migration management. |
| Text proposed by the Commission | Amendment |
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| 2 b. Where Union or Member State cooperation with partner countries includes the establishment of migration management infrastructure in third countries, including reception and external processing arrangements consistent with international law and the Geneva Convention, support for such cooperation shall be eligible under the dedicated allocation referred to in paragraph 2a. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | deleted |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | deleted |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | deleted |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with the EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may submit a proposal pursuant to Article 25a(5) of the Visa Code, and hold a dedicated enhanced engagement with the partner country concerned in order to improve the level of cooperation in relation to the international obligation to readmit that partner country’s own nationals. Provided that, following an enhanced engagement of at least 12 months from the date on which the Commission submits the proposal to the Council to adopt an implementing decision in accordance with Article 25a(5), point (a), of the Visa Code, an insufficient level of cooperation on this obligation persists, the Commission may suspend the approval of new programmes, new partnerships and the implementation of new activities. Such suspension shall not affect ongoing programmes, which shall continue until their completion. When the Commission adopts a decision to suspend the approval of new programmes, new partnerships or the implementation of new activities, it shall inform the European Parliament and the Council of the relevant information included in the reports produced, and assessments carried out, including appropriate data on the readmission trends with that partner country. In no case shall the suspension affect humanitarian assistance, the provision of basic services, protection of human rights and democracy, or support to civil society organisations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals, or nationals of third countries pursuant legally binding agreements or arrangements, from the Member States, the Commission may suspend payments or the implementation of a programme on the basis of justified and documented assessments demonstrating the nature and extent of the shortcomings, their impact on the objectives of the Instrument, as well as compliance with the principles of proportionality, the Union’s overall relations with the country concerned, and the Union's strategic interests. The Commission may take into account relevant actions of Member States in this regard. Such suspension shall be subject to appropriate reporting to the European Parliament and the Council, including the justification, duration, and conditions for lifting the suspension, and may be maintained for as long as the circumstances giving rise to it persist. In no case the suspension shall affect humanitarian assistance. |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the effective implementation of readmission agreements, cooperation on border management, or actions to combat migrant smuggling, the Commission shall suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. The Commission shall inform the European Parliament and the Council without delay of any suspension decision taken under this paragraph, including the reasons for the suspension and the conditions for its lifting. |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identify serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission shall suspend payments or the implementation of a programme within 90 days of the identification, unless it provides, in a reasoned decision transmitted to the European Parliament and to the Council, an objective justification for not suspending. In no case the suspension shall affect humanitarian assistance. |
The Commission's existing discretion to suspend payments in case of serious shortcomings on readmission has been used only rarely, in part because there is no obligation to take any decision at all. Converting 'may' into 'shall' - coupled with a 90-day forced-decision window and a reasoned-justification obligation towards the European Parliament and the Council where the Commission declines to suspend - creates a meaningful objective trigger. The humanitarian-assistance carve-out is preserved unaltered.
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies persistent shortcomings in a partner country related to cooperation on the prevention of irregular migration, on border management, on cooperation against migrant-smuggling networks or on the readmission of its own nationals from the Member States, the Commission shall suspend, reduce or reallocate payments or the implementation of a programme. In no case shall such measure affect humanitarian assistance financed under this Regulation, which shall continue to be provided in accordance with the principles of humanity, neutrality, impartiality and independence. |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission shall suspend payments or the implementation of a programme. The suspension shall not affect emergency humanitarian assistance intended directly for civilian populations experiencing a natural disaster, famine or armed conflict, excluding any funding channelled through organisations that facilitate or encourage irregular migration to EU territory. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services or the Member States in consultation with EEAS, identify serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States and their territories including OCTs, the Commission shall suspend payments or the implementation of a programme, and shall freeze the adoption of any new multiannual indicative programmes or action plans for that country until satisfactory cooperation is re-established. In no case the suspension shall affect humanitarian assistance. |
Jan-Christoph Oetjen, Marie-Agnes Strack-Zimmermann, Irena Joveva, Fabienne Keller, Raquel García Hermida-Van Der Walle
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country in line with Article 9(7) or related to the obligation to readmit its own nationals from EU Member States, the Commission may suspend payments or the implementation of a programme. Due consideration shall be given to the predictability and sustainability of programmes according to Article 5 and in no case the suspension shall affect humanitarian assistance. The decision for suspension shall be based on clear and measurable benchmarks. |
| Text proposed by the Commission | Amendment |
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| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. The Commission may take into account relevant actions of Member States in this regard. In no case the suspension shall affect humanitarian assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission must suspend payments or the implementation of a programme. In specific cases, suspension may affect certain forms of humanitarian aid. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission shall suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case the Commission services, in consultation with EEAS, identifies serious shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. | 3. In case the Commission services, in consultation with EEAS, identifies shortcomings in a partner country related in particular to the obligation to readmit its own nationals from the Member States, the Commission may suspend payments or the implementation of a programme. In no case the suspension shall affect humanitarian assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The serious shortcomings referred to in paragraph 3 shall also include non-cooperation with the implementation of Union restrictive measures, non-execution of European Arrest Warrants, and systematic non-compliance with assessments carried out under Article 25a of Regulation (EC) No 810/2009 and under Article 8 of Regulation (EU) 2018/1806. Where serious shortcomings are identified, the Commission shall, within 90 days, take a reasoned decision either to suspend payments or the implementation of the programme concerned, to maintain them subject to additional safeguards, or to maintain them unchanged, and shall communicate that decision, together with its underlying reasoning, to the European Parliament and the Council. Where the Commission decides to suspend payments under this paragraph, it shall, in parallel and in coordination with the Council, propose visa measures under Article 25a(5) of Regulation (EC) No 810/2009 and, where relevant, consider the activation of other Union leverage instruments, including measures under Regulation (EU) No 654/2014, the modification of trade preferences under the Generalised Scheme of Preferences, and the activation of Regulation (EU) 2023/2675. In no case shall measures adopted under this paragraph affect humanitarian assistance. |
This new paragraph layers on top of the existing Article 12(3) by broadening the trigger basis beyond readmission to cover non-cooperation with the implementation of Union restrictive measures, non-execution of European Arrest Warrants, and systematic non-compliance with assessments carried out under the Visa Code. The 90-day forced-decision window does not prejudge the outcome (suspension, suspension with safeguards, or maintenance) but eliminates the political comfort of inaction. The parallel-action obligation in respect of visa measures, the Anti-Coercion Instrument, the Trade Enforcement Regulation and the Generalised Scheme of Preferences builds an institutional bridge between this Instrument and the broader Union leverage acquis.
| Text proposed by the Commission | Amendment |
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| 4. To assess the existence of the serious shortcomings referred to in paragraph 3, and following consultations with the beneficiary country, the Commission shall rely on the assessments carried in accordance with Article 25a of Regulation (EC) No 810/200950 and with Article 8 of Regulation (EU) 2018/180651 , while taking into account the Union’s overall relations with the beneficiary country concerned, including in the field of migration, as well as the principle of proportionality. | deleted |
| 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1–58, ELI: http://data.europa.eu/eli/reg/2009/810/2024-06-28). | |
| 51 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39–58, ELI: http://data.europa.eu/eli/reg/2018/1806/2025-02-03). |
| Text proposed by the Commission | Amendment |
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| 4. To assess the existence of the serious shortcomings referred to in paragraph 3, and following consultations with the beneficiary country, the Commission shall rely on the assessments carried in accordance with Article 25a of Regulation (EC) No 810/200950 and with Article 8 of Regulation (EU) 2018/180651 , while taking into account the Union’s overall relations with the beneficiary country concerned, including in the field of migration, as well as the principle of proportionality. | deleted |
| 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1–58, ELI: http://data.europa.eu/eli/reg/2009/810/2024-06-28). | |
| 51 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39–58, ELI: http://data.europa.eu/eli/reg/2018/1806/2025-02-03). |
Development funding should not be suspended for lack of cooperation on readmission. The focus should shift towards addressing the root causes of forced displacement, right-based and consistent with development objectives and international law
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 4. To assess the existence of the serious shortcomings referred to in paragraph 3, and following consultations with the beneficiary country, the Commission shall rely on the assessments carried in accordance with Article 25a of Regulation (EC) No 810/200950 and with Article 8 of Regulation (EU) 2018/180651 , while taking into account the Union’s overall relations with the beneficiary country concerned, including in the field of migration, as well as the principle of proportionality. | deleted |
| 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1–58, ELI: http://data.europa.eu/eli/reg/2009/810/2024-06-28). | |
| 51 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39–58, ELI: http://data.europa.eu/eli/reg/2018/1806/2025-02-03). |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. To assess the existence of the serious shortcomings referred to in paragraph 3, and following consultations with the beneficiary country, the Commission shall rely on the assessments carried in accordance with Article 25a of Regulation (EC) No 810/200950 and with Article 8 of Regulation (EU) 2018/180651 , while taking into account the Union’s overall relations with the beneficiary country concerned, including in the field of migration, as well as the principle of proportionality. | deleted |
| 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1–58, ELI: http://data.europa.eu/eli/reg/2009/810/2024-06-28). | |
| 51 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39–58, ELI: http://data.europa.eu/eli/reg/2018/1806/2025-02-03). |
Jan-Christoph Oetjen, Marie-Agnes Strack-Zimmermann, Irena Joveva, Fabienne Keller, Raquel García Hermida-Van Der Walle
| Text proposed by the Commission | Amendment |
|---|---|
| 4. To assess the existence of the serious shortcomings referred to in paragraph 3, and following consultations with the beneficiary country, the Commission shall rely on the assessments carried in accordance with Article 25a of Regulation (EC) No 810/200950 and with Article 8 of Regulation (EU) 2018/180651 , while taking into account the Union’s overall relations with the beneficiary country concerned, including in the field of migration, as well as the principle of proportionality. | 4. To assess the existence of the serious shortcomings referred to in paragraph 3, and following consultations with the beneficiary country, the Commission shall assess the democratic, human rights and rule of law situation in the respective third country or rely on the assessments carried in accordance with Article 25a of Regulation (EC) No 810/200950 and with Article 8 of Regulation (EU) 2018/180651 , while taking into account the principle of proportionality. |
| 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1–58, ELI: http://data.europa.eu/eli/reg/2009/810/2024-06-28). | 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1–58, ELI: http://data.europa.eu/eli/reg/2009/810/2024-06-28). |
| 51 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39–58, ELI: http://data.europa.eu/eli/reg/2018/1806/2025-02-03). | 51 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39–58, ELI: http://data.europa.eu/eli/reg/2018/1806/2025-02-03). |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Commission considers that the reasons justifying the measure taken in accordance with paragraph 3 no longer apply, the Commission shall lift the suspension. | deleted |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Commission considers that the reasons justifying the measure taken in accordance with paragraph 3 no longer apply, the Commission shall lift the suspension. | deleted |
| Text proposed by the Commission | Amendment |
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| 5. Where the Commission considers that the reasons justifying the measure taken in accordance with paragraph 3 no longer apply, the Commission shall lift the suspension. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where the Commission considers that the reasons justifying the measure taken in accordance with paragraph 3 no longer apply, the Commission shall lift the suspension. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5 a. The Commission shall always strike a fair balance among the funding objectives. It shall issue an annual report to the European Parliament detailing the specific total amounts for each of them. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Actions under Article 3(2), point (a) and Article 3(3), point (a) shall be based on programming. | 1. Actions under Article 3(2), point (a) and Article 3(3), point (a) shall be based on programming and should be implemented in alignment with the objectives stated under Annex II. |
| Text proposed by the Commission | Amendment |
|---|---|
| On the basis of Article 8, programming documents shall provide a coherent framework for cooperation between the Union, partner countries or regions and other partners, consistent with the overall purpose and scope, objectives and principles set out in this Regulation. | On the basis of Article 8, programming documents shall provide a coherent framework for cooperation between the Union, partner countries or regions and other partners, consistent with the overall purpose and scope, objectives and principles set out in this Regulation. The Commission shall consult, at an early stage, local and regional governments, their associations and decentralised cooperation actors, at local and headquarters level, in order to promote coherence, complementarity and consistency among their cooperation activities. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| On the basis of Article 8, programming documents shall provide a coherent framework for cooperation between the Union, partner countries or regions and other partners, consistent with the overall purpose and scope, objectives and principles set out in this Regulation. | On the basis of Article 8, programming under the Instrument shall be based on the following: |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| On the basis of Article 8, programming documents shall provide a coherent framework for cooperation between the Union, partner countries or regions and other partners, consistent with the overall purpose and scope, objectives and principles set out in this Regulation. | On the basis of Article 8, programming documents shall provide a coherent framework for cooperation between the Union, Member States, partner countries or regions and other partners, consistent with the overall purpose and scope, objectives and principles set out in this Regulation. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| (a) programming documents shall provide a coherent framework for cooperation between the Union, partner countries or regions and other partners, consistent with the overall purpose and scope, objectives and principles set out in this Regulation. Programming documents shall in particular set out the envisaged actions to attain the Instrument’s objectives laid down in Article 4. Dedicated spending markers, including on democracy as well as on inequalities, shall be established to enable the tracking and monitoring of how and where Union funding is being channelled. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. On the basis of Article 11, the Commission shall also consult, at an early stage, members of the Team Europe at local and headquarters' level in order to promote coherence, complementarity and consistency among their cooperation activities. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall consult at an early-stage members of the Team Europe to incentivise coherence and complementary, other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. Consultations shall be conducted in a manner that ensures inclusiveness, timeliness and meaningful participation throughout all phases of the programming process. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall, at an early stage of and throughout the programming process, ensure a regular multi-stakeholder and inclusive dialogue with other donors and actors, including local authorities, representatives of civil society and the private sector, in order to ensure they play a meaningful role in the programming process. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall involve the European Parliament and Council in the programming phase, and ensure, at an early stage and throughout the programming process, a regular multi-stakeholder and inclusive dialogue with other donors and actors, including local authorities, representatives of civil society and the private sector. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall consult other donors and actors, including local authorities and representatives of civil society. Such consultation shall be carried out in an inclusive, timely and meaningful manner, ensuring transparency throughout the programming process. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall, at an early stage of and throughout the programming process, ensure a regular multi-stakeholder and inclusive dialogue with other donors and actors, including local authorities, representatives of civil society and the private sector, in order to ensure they play a meaningful role in the programming process. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector and other agents of development and growth such as churches and faith-based organisations, where relevant. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall consult other donors and actors, including local authorities, representatives of civil society and the private sector, where relevant. | The Commission shall consult other donors and actors, including local authorities, representatives of religious organisations and the private sector, where relevant. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall ensure that regular structured consultations with civil society organisations take place throughout programming, implementation and monitoring, and shall provide information on how the outcome of the consultations has been taken into account. This periodic involvement shall be sufficiently frequent to enable effective and meaningful participation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The Commission shall publish on the Union funding portal, and update at least quarterly, the list of final recipients of funding under the Instrument, including - where the recipient is a legal person - its name, country of establishment, ultimate beneficial owners within the meaning of Directive (EU) 2015/849, the amount received, the implementing entity, and the action financed. Publication may be deferred only to the extent strictly necessary to protect the safety of individuals or the legitimate commercial interests of the recipient, and shall in any event take place within 12 months of the disbursement. |
The proposal contains no instrument-wide obligation to publish final beneficiaries. Beneficial-ownership opacity is the principal enabler of mis-use of Union external assistance, from sanctions circumvention through shell companies to corruption in indirect management. The carve-out for the safety of individuals and the legitimate commercial interests of recipients is calibrated and time-limited (12-month maximum deferral). This obligation complements the beneficial-ownership-disclosure thresholds applicable to recipients under Article 20.
| Text proposed by the Commission | Amendment |
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| 2 a. In crisis-affected or fragile contexts, the Commission must use conflict analysis to ensure conflict-sensitive programming, protect vulnerable groups, improve coordination among all relevant actors. |
| Text proposed by the Commission | Amendment |
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| 3. The Instrument shall contribute to actions established under Regulation (EU) [XXX] [Erasmus+]. A single programming document shall be drawn up under this Regulation for the duration of the multiannual financial framework. Regulation (EU) [XXX] [Erasmus+] shall apply to the use of those funds. | 3. The Instrument shall contribute to actions established under Regulation (EU) [XXX] [Erasmus+]. A single programming document shall be drawn up under this Regulation for the duration of the multiannual financial framework. Regulation (EU) [XXX] [Erasmus+] shall apply to the use of those funds. Programming under this Regulation shall be results-based. Programming documents shall include specific objectives, expected results and indicators and shall, where appropriate, establish baselines and measurable targets to assess progress in achieving the objectives set out in this Regulation. |
| Text proposed by the Commission | Amendment |
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| 3. The Instrument shall contribute to actions established under Regulation (EU) [XXX] [Erasmus+]. A single programming document shall be drawn up under this Regulation for the duration of the multiannual financial framework. Regulation (EU) [XXX] [Erasmus+] shall apply to the use of those funds. | 3. The Instrument shall contribute to actions established under Regulation (EU) [XXX] [Erasmus+]. A single programming document shall be drawn up under this Regulation for the duration of the multiannual financial framework. Regulation (EU) [XXX] [Erasmus+] shall apply to the use of those funds. The programming documents shall include specific objectives, expected results and indicators and, where appropriate, establish baselines and measurable targets for assessing progress towards attainment of the objectives set in this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Instrument shall contribute to actions established under Regulation (EU) [XXX] [Erasmus+]. A single programming document shall be drawn up under this Regulation for the duration of the multiannual financial framework. Regulation (EU) [XXX] [Erasmus+] shall apply to the use of those funds. | 3. The Instrument shall contribute to actions established under Regulation (EU) [XXX] [Erasmus+]. A single programming document shall be drawn up under this Regulation for the duration of the multiannual financial framework. Regulation (EU) [XXX] [Erasmus+] shall apply to the use of those funds. The integration of Erasmus+ with the Global Europe program must never lead to the opening of new migration routes to Europe or facilitate the permanent settlement of third-country nationals within the European Union. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Programmes under the Instrument shall be tracked and monitored in accordance with the Performance Regulation. The results shall be published on the Single Gateway in a dedicated section for External Action by using specific performance indicators for measuring development and partnership actions, like the gender equality marker, ensuring transparency and public accessibility of information on the implementation, impact and contribution of actions financed under the Instrument. |
| Text proposed by the Commission | Amendment |
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| 3 a. The Instrument shall be guided by the priorities of the EU Global Health Strategy and the Global Health Resilience Initiative, and take into account, where relevant, the health situation and health system needs of partner countries, including disease burden, health workforce capacity, access to essential health products and services, and vulnerability to health emergencies. |
| Text proposed by the Commission | Amendment |
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| 3a. Funds dedicated to the thematic programmes (i) Human rights and democracy, (ii) civil society organisations and (iii) peace stability and conflict prevention, as laid down in Article 3.2(a) and Article 3.3(a), cannot be used to finance the Global Gateway Initiative. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned, including national, regional and local authorities, and involving civil society; | (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned, including national, regional and local authorities, especially indigenous communities through the inclusive and meaningful participation of civil society including grassroots organisations and women’s and LGTBIQ+ rights organisations; |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned, including national, regional and local authorities, and involving civil society; | (a) actions shall be based, on an early, continuous and inclusive dialogue between the Union, Member States, the European Parliament and the partner countries concerned, including national, regional and local authorities and parliaments, and involving the private sector and civil society; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned, including national, regional and local authorities, and involving civil society; | (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned, including national, regional and local authorities and shall ensure the inclusive and meaningful participation of civil society organisations; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned, including national, regional and local authorities, and involving civil society; | (a) actions shall be based, to the extent possible, on a dialogue between the Union, Member States and the partner countries concerned; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) programming may envisage cooperation activities funded from different allocations set out in Article 6(1) and from other Union programmes in accordance with the relevant legal acts. | (b) programming may envisage cooperation activities funded from different allocations set out in Article 6(1) and from other Union programmes in accordance with the relevant legal acts. Union funds provided by EU external assistance Financial Instruments should never be disbursed to third country state-owned, state-controlled or subsidised enterprises, and companies from these countries should be excluded from participating in procurement procedures. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| (b) programming may envisage cooperation activities funded from different allocations set out in Article 6(1) and from other Union programmes in accordance with the relevant legal acts. | (b) programming may envisage cooperation activities funded from different allocations set out in Article 6(1) and from other Union programmes in accordance with the relevant legal acts. Programming documents shall clearly display the different sources of funding. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Programming under Article 3(1), first subparagraph, points (a) to (e) shall provide a specific, tailor-made framework for cooperation based on, where relevant, the following elements: | 2. Programming under Article 3(1), first subparagraph, points (a) to (f) shall provide a specific, tailor-made framework for cooperation that ensures accountability, predictability, transparency and policy coherence for development. It shall consider partner countries’ level of development, on the basis of specific criteria, such as human development indices and inequality situations of fragility and the potential impact of Union support. Therefore, programming shall be based on, where relevant, the following elements: |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Programming under Article 3(1), first subparagraph, points (a) to (e) shall provide a specific, tailor-made framework for cooperation based on, where relevant, the following elements: | 2. Programming under Article 3(1), first subparagraph, points (a) to (e) shall provide a specific, tailor-made framework for cooperation that ensures predictability and policy coherence. Therefore, programming shall be based on, where relevant, the following elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) partner countries’ and regions’ priorities, established on the basis of the dialogue referred to in paragraph 1, taking also into account the national or regional strategy and plan; | (a) partner countries and regions’ capacity and commitment to promote shared values and principles, including the rule of law, democracy, the fight against corruption, the need for an open civic space and gender quality, assessed on the basis of clear and measurable indicators, and to support multilateral alliances and a rules-based international system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) for partner countries in the Neighbourhood South, the implementation of the Euro-Mediterranean partnership as set out in key partnership frameworks. |
| Text proposed by the Commission | Amendment |
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| (a a) partner countries and regions’ commitment to achieve measurable and verifiable progress in the field of human rights and fundamental freedoms; |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the partnership with the Union, including the promotion of mutual interests and shared priorities, as well as the level of ambition of commonly agreed objectives; | (b) the partnership with the Union, including the promotion of mutual interests and shared priorities, as well as the level of ambition of commonly agreed objectives; the needs of partner countries, identified on the basis of specific criteria and taking into account factors such as poverty, human development indicators, inequalities, in particular gender equality, human rights, preparedness for and resilience to climate change, economic vulnerability, and the effects of protracted and recurrent crises; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the partnership with the Union, including the promotion of mutual interests and shared priorities, as well as the level of ambition of commonly agreed objectives; | (b) the partnership with the Union, including the promotion of mutual interests and shared priorities, also as regards peace and security, respect for sovereignty, independence and territorial integrity as well as the level of ambition of commonly agreed objectives; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the partnership with the Union, including the promotion of mutual interests and shared priorities, as well as the level of ambition of commonly agreed objectives; | (b) the partnership with the Union, including the promotion of mutual interests and shared priorities, regards peace and security, respect for sovereignty, independence and territorial integrity, as well as the level of ambition of commonly agreed objectives; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis; | (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development, the fight against corruption and organised crime, and convergence of economic, social, agricultural and migratory standards with those of the Member States. Financing under the Instrument shall under no circumstances anticipate future accession to the Union, which shall remain a sovereign decision of the Member States. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis; | (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis; as well as their strategic and geopolitical importance to the EU; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis; | (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis notably in the fundamental areas of the rule of law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis; | (c) for candidate countries and potential candidates and partner countries in the Neighbourhood East region, results in the areas of political reform, economic and social development and convergence towards the EU acquis; notably in the fundamental areas of the rule of law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) partner countries and regions’ capacity and commitment to promote shared values and principles, and to support multilateral alliances and a rules-based international system; | (d) partner countries and regions' capacity and commitment to promote shared values and principles, and to support multilateral alliances and a rules-based international system, including the country's voting record in the United Nations General Assembly on resolutions concerning the sovereignty and territorial integrity of states, its position on Russia's war of aggression against Ukraine, and its track record in implementing Union restrictive measures and avoiding their circumvention; |
Translates the long-standing Union political principle that respect for the sovereignty and territorial integrity of states and constructive engagement at the United Nations are core conditions for partnership into a binding programming criterion. The proposal already lists 'shared values and principles' as a programming factor; this amendment makes that factor objective and measurable, by reference to documented voting patterns, positions on Russia's war of aggression, and the implementation of Union restrictive measures.
| Text proposed by the Commission | Amendment |
|---|---|
| (d) partner countries and regions’ capacity and commitment to promote shared values and principles, and to support multilateral alliances and a rules-based international system; | (d) partner countries and regions’ capacity and commitment to promote shared values and principles, including human rights, fundamental freedoms, democracy, the rule of law, good governance, the fight against corruption, the need for an open civic space, access to reliable and fact-based public-interest information, and gender equality, and to support multilateral alliances and a rules-based international system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) partner countries and regions’ capacity and commitment to promote shared values and principles, and to support multilateral alliances and a rules-based international system; | (d) partner countries and regions’ capacity and commitment to promote shared values and principles, in particular their treatment of population groups that have close historical and cultural ties to Europe, and to support multilateral alliances and a rules-based international system; |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| (d) partner countries and regions’ capacity and commitment to promote shared values and principles, and to support multilateral alliances and a rules-based international system; | (d) partner countries and regions’ capacity and commitment to promote shared values and principles, including access to independent and pluralistic media, and to support multilateral alliances and a rules-based international system; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions' level of development, their commitment and demonstrable track record in addressing the drivers of fragility and irregular migration and forced displacement, and in cooperating effectively with the Union and its Member States on the readmission of their nationals who do not have or who have lost the right to stay on the territory of a Member State; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes, as well as actors facilitating or instrumentalising irregular migration, and to support the return and readmission of their own nationals; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ level of development, and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes. The indicative financial envelope laid down in Article 6 shall be adapted on the basis of this cooperation. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ specificities, like small islands developing states and land locked developing countries, and the level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ level of development and capacity to address the drivers and root causes of forced displacement; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and migratory pressure, including their root causes; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ level of development their needs, their situations of fragility and their commitment to address the drivers of fragility and the root causes; |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and irregular migration and forced displacement, including their root causes; | (e) partner countries and regions’ level of development and commitment to address the drivers of fragility and forced displacement, including their root causes; |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) for candidate countries and potential candidate countries, allocations and programming shall adopt a differentiated, case-by-case approach that accounts for the country's actual reform progress, administrative maturity, and project pipeline readiness, avoiding a one-size-fits-all model. |
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) partner countries and regions’ demonstrated and measurable cooperation with the Union and its Member States on the prompt return and readmission of their nationals illegally present in the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) the existence and effectiveness of readmission agreements for nationals of partner countries; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f a) the partner country's exposure to Russian and other hostile-state hybrid operations, its track record in cooperating with the Union to counter such operations, and its alignment with the Union's restrictive measures regime, including the avoidance of circumvention through transit-hub jurisdictions; |
The exposure of partner countries to Russian and other hostile-state hybrid operations, and their track record in countering such operations, is a strategic factor with direct implications for the effectiveness of Union assistance. Anchoring this factor at the programming-principle level - rather than only as an objective of certain actions - ensures that envelope allocation reflects the partner country's real-world cooperation with the Union on sanctions implementation and on countering sanctions circumvention through transit-hub jurisdictions.
| Text proposed by the Commission | Amendment |
|---|---|
| (f a) the level of risk of corruption, fraud and irregularities in the management of public funds, including the existence and effectiveness of mechanisms for preventing, detecting and combating these phenomena, and the degree of transparency in how funds are spent; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f b) the partner country's demonstrated track record of cooperation with the Union on instruments creating mutual obligations, including: cooperation under Article 25a of Regulation (EC) No 810/2009 (visa-policy leverage on readmission); status and conduct under preferential trade arrangements, including under Regulation (EU) No 978/2012 (Generalised Scheme of Preferences) where applicable; implementation of Union restrictive measures and absence of circumvention; conduct under Regulation (EU) 2023/2675 (Anti-Coercion Instrument); and execution of European Arrest Warrants and other Union judicial-cooperation requests. Programming shall reflect this track record on the positive side, through enhanced envelopes and prioritised access to Global Gateway investment packages for cooperating partner countries, as well as on the negative side, in accordance with Article 21. |
Article 14 lists the binding factors for geographic programming but currently contains no factor capturing a partner country's behaviour under the Union's other leverage instruments. Without such a factor, the Commission can programme generous envelopes for partner countries that simultaneously fail to readmit their own nationals, circumvent Union restrictive measures, or refuse Union judicial-cooperation requests. Adding this point makes such track records a binding programming factor - not a discretionary consideration - and, equally, requires programming to reward demonstrated cooperation through enhanced envelopes and prioritised access to flagship Global Gateway investment packages.
| Text proposed by the Commission | Amendment |
|---|---|
| (g a) The countries most in need, in particular LDCs, low-income countries, countries in a situation of crisis, post-crisis, or fragility and vulnerability, including small island developing states and landlocked developing countries, shall be given priority in the resource allocation process. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. In cooperation with the EEAS, the Commission shall periodically review the principles and cooperation framework mentioned in paragraphs 1 and 2. Where serious and systemic violations of human rights or the principles of international law or actions undermining European security are identified, cooperation should be limited or suspended. Entities committing such violations should not benefit from privileged cooperation with the Union, and Union funds must not be used to lend them political legitimacy, or to sustain or strengthen them. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Multiannual indicative programmes adopted under Article 14 shall be published in full on the Commission's website upon adoption and shall be transmitted to the European Parliament and to the Council. Each multiannual indicative programme shall be subject to a mid-term review by the Commission, to be completed no later than 30 June 2031. The mid-term review shall include a structured assessment of the partner country's track record under Article 14(2), point (f b), and shall be transmitted to the European Parliament for scrutiny prior to any consequential reprogramming. Substantial revisions of multiannual indicative programmes, defined as revisions modifying the total envelope by more than 15% or reallocating more than 15% between thematic priorities, shall be adopted by means of delegated acts in accordance with Article 30. |
Multiannual indicative programmes are the operational documents through which more than EUR 100 billion of Union external assistance will actually be allocated to partner countries. The proposal treats those programmes as administrative implementing acts with limited parliamentary visibility. Full publication on the Commission's website, a structured mid-term review tied to the programming factors set out in Article 14(2), and a delegated-act gateway for substantial revisions together ensure that the major strategic decisions taken inside multiannual indicative programmes are subject to meaningful political oversight. The 15% threshold for delegated-act treatment is calibrated to capture material reorientation without burdening routine technical adjustments.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The multiannual indicative programmes referred to in paragraph 1 shall set out the priority areas selected for Union financing, the specific objectives and, where appropriate, the indicative financial allocations and the methods of implementation. | 2. The multiannual indicative programmes referred to in paragraph 1 shall set out the priority areas selected for Union financing, the specific objectives the expected results and indicators and, where appropriate, the indicative financial allocations and the methods of implementation, including, where relevant, the proportion of funding dedicated to civil society organisations. It shall also describe how these multiannual indicative programmes contribute to the instrument’s objectives set in article 4 of this regulation. Human rights standards contained in, and principles derived from, the European Convention on Human Rights, Universal Declaration of Human Rights and other international human rights instruments shall guide all multiannual indicative programmes referred to in paragraph 1. |
| The preparation and review of multiannual indicative programmes shall be carried out in accordance with Article 13. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The multiannual indicative programmes referred to in paragraph 1 shall set out the priority areas selected for Union financing, the specific objectives and, where appropriate, the indicative financial allocations and the methods of implementation. | 2. The multiannual indicative programmes referred to in paragraph 1 shall describe how they contribute to the general objectives and principles of the Union’s external action, the Instrument’s specific objectives as well as to relevant external policy frameworks, as trade agreements, strategic partnerships and the Global Gateway Strategy, the EU Action Plan on Human Rights and Democracy and the EU Gender Action Plan. The multiannual indicative programmes shall set out the priority areas selected for Union financing, the specific objectives, the expected results and, where appropriate, the indicative financial allocations and the methods of implementation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The multiannual indicative programmes referred to in paragraph 1 shall set out the priority areas selected for Union financing, the specific objectives and, where appropriate, the indicative financial allocations and the methods of implementation. | 2. The multiannual indicative programmes referred to in paragraph 1 shall set out the priority areas selected for Union financing, the specific objectives and, where appropriate, the indicative financial allocations and the methods of implementation. Each programme shall identify whether and how it contributes to the priorities of Regulations (EU) [XXX] [European Competitiveness Fund], (EU) [XXX] [Horizon Europe], and (EU) [XXX] [Connecting Europe Facility]. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Programming for candidate countries and potential candidate countries shall be flexible and capable of rapid adaptation to changing regional and security environments. It shall avoid the rigidities of long-term advance programming that hinder the capacity to drive rapid socioeconomic convergence. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a national or regional strategy accepted by the Commission as a basis for the corresponding multiannual indicative programme, at the time of adoption of the latter document. For Enlargement and Neighbourhood East partners covered under Article 3(1), first subparagraph, point (a), where relevant, this document may take the form of a performance-based plan and comply with the implementing rules set out in line with Article 31 of this Regulation. | (a) a national, local or regional strategy accepted by the Commission as a basis for the corresponding multiannual indicative programme, at the time of adoption of the latter document. For Enlargement and Neighbourhood East partners covered under Article 3(1), first subparagraph, point (a), where relevant, this document may take the form of a performance-based plan and comply with the implementing rules set out in line with Article 31 of this Regulation. Alignment with the Union aquis in the area of the Rule of Law, Democracy and Human Rights shall be the principal cornerstone of this strategy. The European Parliament and the Council shall be involved in the development of the performance-based plans. Funding for environmental protection, civil society and just transition of carbon-intensive regions, shall be subject to specific grant programmes and not subject to performance-based plans. Calls for funding shall be accessible directly to local authorities, without their projects having to be included in national government plans. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) a joint document between the Union and the partner or partners concerned setting out common priorities and mutual commitments. | (c) a joint document between the Union and the partner or partners concerned setting out common priorities and mutual commitments, including commitments to achieve progress in the field of human rights and fundamental freedoms. |
| Text proposed by the Commission | Amendment |
|---|---|
| The multiannual indicative programmes referred to in paragraph 1 shall set out the Union’s strategy, the priorities selected for Union financing, the specific objectives and the indicative financial allocations. | The multiannual indicative programmes referred to in paragraph 1 shall set out the Union’s strategy, the priorities selected for Union financing, the specific objectives and the indicative financial allocations. Each programme shall identify whether and how it contributes to the priorities of Regulations (EU) [XXX] [European Competitiveness Fund], (EU) [XXX] [Horizon Europe], and (EU) [XXX] [Connecting Europe Facility]. |
| Text proposed by the Commission | Amendment |
|---|---|
| The multiannual indicative programmes referred to in paragraph 1 shall set out the Union’s strategy, the priorities selected for Union financing, the specific objectives and the indicative financial allocations. | The multiannual indicative programmes referred to in paragraph 1 shall set out the Union’s strategy, the priorities selected for Union financing, the specific objectives the expected results and indicators and the indicative financial allocations. |
| Text proposed by the Commission | Amendment |
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| 1. The Commission shall adopt, by means of implementing acts, multiannual indicative programmes referred to in Articles 15 and 16. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. | 1. The Commission shall adopt, by means of delegated acts in accordance with Article 30, multiannual indicative programmes referred to in Articles 15 and 16 for the Europe Pillar referred to in Article 6(1), point (a). For all other multiannual indicative programmes, the Commission shall adopt them by means of implementing acts in accordance with the examination procedure referred to in Article 32(2). That procedure shall also apply to reviews referred to in paragraph 2 of this Article, save for reviews concerning the Europe Pillar, which shall be adopted by means of delegated acts, which have the effect of significantly amending the content of the multiannual indicative programme. |
Multiannual indicative programmes are the operational documents through which the financial envelope is actually distributed to partner countries. For the Europe Pillar - Enlargement and the Eastern Neighbourhood - the strategic stakes for the Union are most acute and full parliamentary oversight is most justified. Treating those programmes as delegated acts brings the European Parliament into the substantive decision-making chain, while implementing acts remain the appropriate procedure for other pillars in order to preserve operational flexibility.
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| 1. The Commission shall adopt, by means of implementing acts, multiannual indicative programmes referred to in Articles 15 and 16. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. | 1. The Commission shall adopt, by means of delegating acts, multiannual indicative programmes referred to in Articles 15 and 16. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Andrey Kovatchev, Christian Ehler
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| 1. The Commission shall adopt, by means of implementing acts, multiannual indicative programmes referred to in Articles 15 and 16. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. | 1. The Commission shall adopt, by means of delegated acts, multiannual indicative programmes referred to in Articles 15 and 16. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 30. That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. |
| Text proposed by the Commission | Amendment |
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| 1. The Commission shall adopt, by means of implementing acts, multiannual indicative programmes referred to in Articles 15 and 16. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. | 1. The Commission shall adopt, by means of delegated acts, multiannual indicative programmes referred to in Articles 15 and 16. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 30. That procedure shall also apply to reviews referred to in paragraph 2 of this Article, which have the effect of significantly amending the content of the multiannual indicative programme. |
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| 1 a. Multiannual indicative programmes shall be reviewed at mid-term, in connection with the implementation report for Global Europe referred to in Article 10(2) of Regulation (EU, Euratom) [XXX] [Performance Regulation]. |
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| 2. Multiannual indicative programmes may be reviewed on an ad hoc basis as necessary for effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 8 or following a situation of crisis or post-crisis. | 2. Multiannual indicative programmes shall be subject to a review following the mid-term evaluation of the Instrument. They may also be reviewed on an ad hoc basis as necessary for effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 8 or following a situation of crisis or post-crisis, always in consultation with the European Parliament and the Council. Any such review shall be duly justified and carried out in accordance with the principles set out in Article 13, ensuring predictability of Union support and respect for partner country ownership. |
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| 2. Multiannual indicative programmes may be reviewed on an ad hoc basis as necessary for effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 8 or following a situation of crisis or post-crisis. | 2. Multiannual indicative programmes may be reviewed on an ad hoc basis as necessary for effective implementation, in particular where there are substantive changes in the policy framework referred to in Article 8 or following a situation of crisis or post-crisis, provided that such revisions are duly justified and subject to appropriate reporting to the European Parliament and the Council. |
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| 3. On duly justified imperative grounds of urgency, such as crises or immediate threats to peace, democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual indicative programmes referred to in Articles 15 and 16 by means of immediately applicable implementing acts adopted in accordance with the procedure referred to in Article 32(5). | 3. On duly justified imperative grounds of urgency, such as crises or immediate threats to peace, democracy, the rule of law, human rights or fundamental freedoms, the Commission shall amend multiannual indicative programmes referred to in Articles 15 and 16 by means of immediately applicable implementing acts adopted in accordance with the procedure referred to in Article 32(5). Such amendments shall be limited to what is strictly necessary to address the situation concerned and shall not undermine the overall objectives of the programme. In this process, the Commission shall consult the European Parliament and the Council on such amendments. The European Parliament shall be empowered with the possibility of an emergency brake in which it can demand the Commission to cease funding to third country governments by means of the adoption of a resolution in the event of a stark degradation of the rule of law, democracy or human rights in that country. This shall only affect government to government funding. |
While flexibility to revise MIPs shall enable adaptation to new priorities and modalities, crisis-driven adaptation should remain the exception. Such revisions must not undermine core development principles, notably predictability, ownership and long-term planning.
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| 3. On duly justified imperative grounds of urgency, such as crises or immediate threats to peace, democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual indicative programmes referred to in Articles 15 and 16 by means of immediately applicable implementing acts adopted in accordance with the procedure referred to in Article 32(5). | 3. On duly justified imperative grounds of urgency, such as crises or immediate threats to peace, democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual indicative programmes referred to in Articles 15 and 16 by means of immediately applicable implementing acts adopted in accordance with the procedure referred to in Article 32(5) and without affecting humanitarian aid related actions as well as the provision of basic services for in need population |
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| 3. On duly justified imperative grounds of urgency, such as crises or immediate threats to peace, democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual indicative programmes referred to in Articles 15 and 16 by means of immediately applicable implementing acts adopted in accordance with the procedure referred to in Article 32(5). | 3. On duly justified imperative grounds of urgency, strictly limited to armed conflicts, major natural disasters or humanitarian crises, the Commission may amend multiannual indicative programmes referred to in Articles 15 and 16 by means of immediately applicable implementing acts adopted in accordance with the procedure referred to in Article 32(5). |
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| 3a. The Commission will publish an annual report indicating the amounts committed, the beneficiaries of the amounts, and the actual impact of the aid on economic, social or environmental development and on the structures, areas or authorities that received the aid. When the report is published, an annual debate will be held during the European Parliament’s plenary session in Strasbourg. |
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| 1. The Commission shall adopt annual or multiannual action plans and measures. Measures may take the form of individual measures, special measures, support measures or exceptional assistance measures. Action plans and measures shall take into account the specific context and shall specify for each action the objectives pursued, the expected results and relevant activities, the methods of implementation as well as the budget and any possible support expenditures. | 1. The Commission shall adopt annual or multiannual action plans and measures. Measures may take the form of individual measures, special measures, support measures or exceptional assistance measures. Action plans and measures shall ensure a gender perspective and take into account the specific context and shall specify for each action the objectives pursued, the expected results and relevant activities, the methods of implementation as well as the budget and any possible support expenditures. |
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| 1 a. In addition to the rules laid down in Article 15 of the Financial Regulation on making appropriations available again, commitment appropriations corresponding to the amount of decommitments made as a result of total or partial non-implementation of an action under the Instrument shall be made available again to the benefit of the budget line of origin. |
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| 2. Actions financed by programmable amounts shall be based on programming documents. Action plans shall be prepared in an inclusive, transparent and timely manner. | 2. Actions financed by programmable amounts shall be based on programming documents. Action plans shall be prepared in an inclusive, transparent and timely manner in consultation with the European Parliament and the Council, and with the meaningful involvement of civil society. |
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| 4. In the event of unforeseen needs or circumstances, and where funding is not possible from more appropriate sources, the Commission may adopt special measures not provided for in the programming documents. | 4. In the event of unforeseen needs or circumstances, and where funding is not possible from more appropriate sources, the Commission may adopt special measures not provided for in the programming documents while respecting the principles and objectives of the Instrument |
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| 4 a. Action plans must contain measures to counter corruption and fraud, including appropriate control, transparency and accountability mechanisms, ensuring sound financial management and guaranteeing that resources are not used in a manner that would be contrary to the interests of the Union and do not exacerbate issues relating to corruption and bad governance in partner countries; |
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| The Commission may adopt exceptional assistance measures for crisis, peace and foreign policy needs actions. | The Commission may adopt exceptional assistance measures for crisis, peace and foreign policy needs actions, subject to unanimous, ex ante approval of the exceptional assistance by the Member States in the Council. |
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| The Commission may adopt exceptional assistance measures for crisis, peace and foreign policy needs actions. | The Commission may adopt exceptional civil assistance measures for crisis, peace and conflict prevention |
The crisis and peace mechanism has to be clearly linked to extraordinary and exceptional situations and must be related to emergency and/ or to conflict situations. They need to be strictly civilian. The term "foreign policy needs " is vague and widens the scope of this mechanism to almost every situation where the EU- interest is concerned, which would make the mechanism applicable to almost every situation
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| In cases of protracted crisis and conflict, the Commission may adopt a second exceptional assistance measure of a duration of up to 18 months. In duly justified cases, further measures may be adopted where the continuity of the Union’s action is essential and cannot be ensured by other means. | In cases of protracted crisis and conflict, the Commission may adopt a second exceptional assistance measure of a duration of up to 18 months. In duly justified cases, further measures may be adopted where the continuity of the Union’s action is essential and cannot be ensured by other means. The European Parliament and the Council shall be informed in such event. |
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| 6 a. Environmental screening for climate change and biodiversity impacts shall be conducted for actions under applicable EU law, including Directive 2011/92/EU, potentially involving environmental impact assessments for sensitive projects like major infrastructure. Proportionate ex-ante assessments will also evaluate risks to human rights, access to natural resources, and social standards. Strategic environmental assessments may be used in sectoral programmes, with stakeholder participation and public access to results ensured. |
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| 1. Action plans and measures shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). | 1. Action plans and measures shall be adopted by means of delegated acts. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). |
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| 1. Action plans and measures shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2). | 1. Action plans and measures shall be adopted by means of delegated acts. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 30. |
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| (c) exceptional assistance measures referred to in Article 18(5) as well as action plans adopted in order to implement crisis, peace and foreign policy needs actions for which the Union’s funding does not exceed EUR 40 000 000; | (c) exceptional assistance measures referred to in Article 18(5) as well as action plans adopted in order to implement crisis, peace and actions for which the Union’s funding does not exceed EUR 40 000 000; |
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| (e) interest rate and borrowing cost subsidies provided to the beneficiary partner country linked to financial assistance if duly justified. | (e) And by way of derogation from Article 223(4)(e) of Regulation (E, Euratom) 2024/2509, interest rate and borrowing cost subsidies provided to the beneficiary partner country linked to financial assistance if duly justified. |
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| When adopted in accordance with this paragraph, action plans and measures, except exceptional assistance measures for crisis, peace and foreign policy needs, and technical amendments shall be communicated by the Commission to the European Parliament and to the Member States through the relevant committee referred to in Article 32(1) within one month of their adoption. | When adopted in accordance with this paragraph, action plans and measures, except exceptional assistance measures for crisis, peace and foreign policy needs, and technical amendments shall be communicated by the Commission to the European Parliament and to the Member States through the relevant committee referred to in Article 32(1) within two weeks of their adoption. |
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| When adopted in accordance with this paragraph, action plans and measures, except exceptional assistance measures for crisis, peace and foreign policy needs, and technical amendments shall be communicated by the Commission to the European Parliament and to the Member States through the relevant committee referred to in Article 32(1) within one month of their adoption. | When adopted in accordance with this paragraph, action plans and measures, except exceptional assistance measures for crisis and peace needs, and technical amendments shall be communicated by the Commission to the European Parliament and to the Member States through the relevant committee referred to in Article 32(1) within one month of their adoption. |
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| 3. Before the adoption or extension of exceptional assistance measures referred to in paragraph 2, first subparagraph, point (c), the Commission shall inform the European Parliament and the Council of the nature and objectives of those measures and of the financial amounts envisaged. The Commission shall inform the European Parliament and the Council before making significant substantive changes to exceptional assistance measures already adopted. The Commission shall take account of the relevant policy approach for the planning and subsequent implementation of such measures, in the interest of consistency of the Union’s external action. | 3. Before the adoption or extension of exceptional assistance measures referred to in paragraph 2, first subparagraph, point (c), the Commission shall consult the European Parliament and the Council of the nature and objectives of those measures and of the financial amounts envisaged. The Commission shall consult the European Parliament and the Council before making significant substantive changes to exceptional assistance measures already adopted. The Commission shall take account of the relevant policy approach for the planning and subsequent implementation of such measures, in the interest of consistency of the Union’s external action. |
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| (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients. | (g) member countries of the OECD, in the case of contracts implemented in a Least Developed Countries or a highly indebted country, as included in the list of ODA recipients and in the relevant list of highly indebted poor countries, provided that the financing modality is consistent with the partner country’s debt-carrying capacity and, where relevant, that grant-based support is prioritised for countries unable to contract new debt, in line with the IMF/World Bank Debt Sustainability Framework. |
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| (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients. | (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients. Highly Indebted Poor Countries, other low-income countries and IDA-only countries as defined by the OECD/DAC Recommendation on Untying Official Development Assistance. |
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| (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients. | (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients, on condition that effective reciprocal access to public markets is established with the Union and its Member States. |
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| (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients. | (g) a member country of the Organisation for Economic Cooperation and Development, in the case of contracts implemented in a least developed country as included in the list of ODA recipients and in a Highly Indebted Poor Country as included in the relevant list. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
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| 2 a. Subject to paragraphs 1, 2, 10 and 11 of this Article, entities which are nationals of, or effectively established in, a country that does not effectively ensure compliance with international standards relating to transparency in aid and public procurement, and with social, environmental and anti-corruption standards as set out in the relevant international instruments, shall not be eligible to participate in procurement procedures or grant and prize award procedures for actions financed pursuant to Article 3(1). The Commission shall be empowered to assess the requirements pursuant to this paragraph. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
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| 3. Subject to paragraph 10 of this Article, participation in procurement, grant and prize award procedures for actions financed under Article 3(1) first subparagraph, point (f) and Article 3 (2), point (b) (v) shall be open without limitations. | 3. Subject to paragraph 10 of this Article, participation in procurement, grant and prize award procedures for programmable humanitarian aid actions and actions financed under Article 3 (2), point (b) (i) and (v) and Article 3(3), point (b) (i) and (iv) shall be open without limitations. Non-programmable Humanitarian aid non-programmable crisis, peace and foreign policy needs. |
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| 4. Subject to paragraph 10 of this Article, participation in procurement, grant and prize award shall also be open to international organisations. | 4. Subject to paragraph 10 of this Article, participation in procurement, grant and prize award shall also be open to international organisations and local civil society organizations. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
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| 4. Subject to paragraph 10 of this Article, participation in procurement, grant and prize award shall also be open to international organisations. | 4. Subject to paragraph 10 of this Article, participation in procurement, grant and prize award shall also be open to international organisations and civil society organisations. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
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| 5. Subject to paragraph 10 of this Article, all products financed under the Instrument may originate from any country or territory. | 5. Subject to paragraph 10 of this Article, all products financed under the Instrument may originate from any country or territory, preference shall be given to entities originating within the Union adhering to high environmental, social and governance standards. |
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| 6 a. Without prejudice to paragraphs 10 and 11, recipients, partners, contractors and subcontractors at all tiers, whose individual award value exceeds EUR 500 000, shall disclose their ultimate beneficial owners within the meaning of Article 3(6) of Directive (EU) 2015/849 prior to the award. Enhanced due diligence shall apply where any such recipient, partner, contractor or subcontractor is established in, or has beneficial owners established in, a jurisdiction identified by the Financial Action Task Force as subject to a 'call for action' or as 'jurisdiction under increased monitoring', or in a jurisdiction listed in Annex I or Annex II to the EU list of non-cooperative jurisdictions for tax purposes. Where ultimate beneficial ownership cannot be reliably established, the participant shall be excluded from the award procedure. |
Beneficial-ownership opacity is the most important enabler of mis-use of Union external assistance, from sanctions circumvention through shell companies to corruption in indirect management. The EUR 500 000 threshold reflects the customer-due-diligence threshold under Directive (EU) 2015/849 and ensures that the obligation is proportionate. Tying enhanced due diligence to objective external benchmarks - the Financial Action Task Force lists and the EU list of non-cooperative jurisdictions for tax purposes - prevents the obligation from being neutralised by Commission discretion.
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| 6 a. Where involvement in corruption, fraud or serious irregularities in the management of public funds is established, participants shall be immediately excluded from taking part in actions funded under the Instrument. |
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| 6 b. Entities that act contrary to the fundamental values and interests of the EU, including by committing serious and systemic violations of human rights or the principles of international law or actions undermining European security, shall be immediately excluded from any action under the Instrument. |
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| 6 c. Companies from non-strategic ally countries engaged in proven state-subsidised dumping — particularly Chinese firms — shall be excluded from EU-funded tenders. This exclusion shall not apply to companies from countries that are close strategic allies of the EU, in particular, the United States of America. |
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| Subject to paragraph 10 of this Article, for actions implemented in direct or indirect management by entities referred to in Article 62(1), point (c) (ii) to (ix) of Regulation (EU, Euratom) 2024/2509, the countries and territories that are eligible in accordance with the rules of such entities for the purpose of participation to procurement, grants and prize award procedures shall be eligible, in addition to the countries and territories that are eligible under this Article. Products shall originate from the countries and territories eligible in accordance with the rules of those entities, in addition to the countries and territories eligible to procurement, grant and prize award procedures under this Article. | Subject to paragraph 10 of this Article, for actions implemented in direct or indirect management by entities referred to in Article 62(1), point (c) (ii) to (ix) of Regulation (EU, Euratom) 2024/2509, the countries and territories that are eligible in accordance with the rules of such entities for the purpose of participation to procurement, grants and prize award procedures shall be eligible, in addition to the countries and territories that are eligible under this Article. Products shall originate from the countries and territories eligible in accordance with the rules of those entities, in addition to the countries and territories eligible to procurement, grant and prize award procedures under this Article. For actions in indirect management, the rules of the entrusted entity shall, as regards eligibility and origin, ensure standards equivalent to those laid down in this Article and in particular preserve a level playing field for Union economic operators. Where the action involves Union financing of infrastructure, at least 25% of the contract value, calculated on a value-added basis, shall be supplied by economic operators established in the Union or in a country with which the Union has concluded a comprehensive trade agreement. The Commission shall verify compliance with this requirement before signing the related delegation agreement. |
Actions in indirect management are channelled through the rules of entrusted entities, several of which apply origin and eligibility standards weaker than those laid down in Article 20. This is the operational level at which State-controlled non-market firms most often succeed in major Union-financed infrastructure tenders. The 25% Union value-added content threshold preserves a level playing field for Union economic operators and is calibrated to be compatible with OECD/DAC tied-aid rules. The value-added basis is essential to prevent superficial workarounds based on final assembly in the Union.
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
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| Subject to paragraph 10 of this Article, for actions implemented in direct or indirect management by entities referred to in Article 62(1), point (c) (ii) to (ix) of Regulation (EU, Euratom) 2024/2509, the countries and territories that are eligible in accordance with the rules of such entities for the purpose of participation to procurement, grants and prize award procedures shall be eligible, in addition to the countries and territories that are eligible under this Article. Products shall originate from the countries and territories eligible in accordance with the rules of those entities, in addition to the countries and territories eligible to procurement, grant and prize award procedures under this Article. | Subject to paragraphs 10 and 11 of this Article, paragraphs 1 to 4 of this Article shall also apply to procurement, grant and prize award procedures implemented in direct or indirect management by entities referred to in Article 62(1), point (c) (ii) to (ix) of Regulation (EU, Euratom) 2024/2509. Products shall originate from the countries and territories eligible in accordance with the rules of those entities, in addition to the countries and territories eligible to procurement, grant and prize award procedures under this Article. |
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| 8. Where a third party provides financing to a trust fund established by the Commission or through external assigned revenues, the eligibility rules in the constitutive act of the trust fund or in the agreement with the third party in case of external assigned revenues shall apply. | deleted |
The lack of parliamentary control and scrutiny concerning trust funds has not been addressed sufficiently. Trust Funds as financing instrument do not fulfil the criteria of transparency and parliamentary control/scrutiny in a satisfactory manner.
| Text proposed by the Commission | Amendment |
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| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may exceptionally be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are strictly necessary for the effective implementation of the activity. Eligibility restrictions shall apply to high-risk suppliers, for security reasons and only in award procedures relating to information and communication technologies, telecommunications networks, digital infrastructure and other critical energy infrastructure. The Commission shall publish, in the action plans and measures referred to in Article 18, the list of suppliers excluded under this provision and the justification thereof. |
| Restrictions under this paragraph shall not result in the de facto tying of aid and shall be consistent with the 2001 OECD/DAC Recommendation on Untying Official Development Assistance, as revised. For actions qualifying as Official Development Assistance, no restriction shall limit eligibility to economic operators of the Union or of Member States, except where such restriction is justified by Union restrictive measures or by security reasons related to high-risk suppliers, as mentioned in the previous subparagraph. The Commission shall publish, on an annual basis, a public report listing all restrictions adopted under this paragraph, the justification thereof, the value and sectors of the contracts concerned, and shall transmit that report to the European Parliament and to the Council. |
| Text proposed by the Commission | Amendment |
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| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to governments whose foreign policy stance, particularly at the UN level, is in stark contrast to the EU's Common Foreign and Security Policy (CFSP), and which support governments that commit war crimes and crimes against humanity, such as the Russian and Belarusian leadership, who are waging a war of aggression against Ukraine. Eligibility restrictions shall apply to high-risk suppliers for security reasons. |
| Text proposed by the Commission | Amendment |
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| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers for security reasons, including economic operators subject to direct or indirect control by third-country governments, entities or persons, where their participation would pose a risk to the security, public order, strategic autonomy or critical infrastructure of the Union, Member States or partner countries. |
| Text proposed by the Commission | Amendment |
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| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. This reiterates the significant need for candidate countries to clearly and consistently demonstrate their geopolitical orientation towards the EU, including by fully aligning with the EU’s common foreign and security policy (CFSP). It stresses that full alignment remains a non-negotiable requirement for accession. |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, shall be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons, and to economic operators whose participation is enabled by foreign subsidies within the meaning of Regulation (EU) 2022/2560 or by State-controlled non-market practices, in accordance with Regulation (EU) 2022/1031. |
Article 20(10) as drafted leaves restriction of eligibility entirely to Commission discretion. In practice, this means that economic operators whose participation is enabled by foreign subsidies within the meaning of Regulation (EU) 2022/2560, or by State-controlled non-market practices addressed by Regulation (EU) 2022/1031, may continue to win Union-financed contracts unless the Commission affirmatively decides to exclude them. Converting 'may' into 'shall' and explicitly cross-referencing the Foreign Subsidies Regulation and the International Procurement Instrument turns existing Union law into a binding eligibility rule under this Regulation, securing a level playing field for Union economic operators.
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Nathalie Loiseau, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons, and to entities linked to foreign interference or actions undermining Union fundamental values and principles. |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, shall be restricted where such restrictions are in the strategic interests of the Union, required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, shall be restricted where such restrictions are in the strategic interests of the Union, required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. |
Malik Azmani, Engin Eroglu, Dan Barna, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country, may be restricted where such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity or where such restrictions are in the strategic interests of the Union. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. | The eligibility rules laid down in this Article or the type of participants in award procedures, including with respect to their direct and indirect control by entities of a partner country shall be restricted where such restrictions are in the strategic interests of the Union, such restrictions are required on account of the specific nature or objectives of the activity or the application of Union restrictive measures, or where those restrictions are necessary for the effective implementation of the activity. Eligibility restrictions shall apply to high-risk suppliers, for security reasons. |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . | The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . |
| Restrictions for the purposes of the strategic interests of the Union shall take the form of access to procurement, grant and prize award procedures limited to entities that are nationals of, or in the case of legal persons, whose beneficial owners are effectively established in, the following countries: | |
| (a) Member States, EU Candidate Countries and Contracting Parties to the Agreement on the European Economic Area (EEA) and the European Free Trade Association (EFTA); | |
| (b) A recipient country in which the action takes place and is financed under this Instrument; | |
| (c) Countries which provide reciprocal access to their external funding to entities from the Union. Reciprocity shall be deemed to exist where the Union is in ongoing negotiations to reach, or has concluded, an agreement establishing a free trade area or a customs union with a third country, or where a third country is a party to the Agreement on Government Procurement. | |
| Where the exhaustive application of the restrictions for the strategic interests of the Union renders the implementation of an action impossible or exceedingly difficult, paragraph 11 of this Article shall apply. | |
| 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). | 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . | The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . |
| Restrictions for the purposes of the strategic interests of the Union shall take the form of access to procurement, grant and prize award procedures limited to entities that are nationals of, or in the case of legal persons, whose beneficial owners are effectively established in, the following countries: | |
| (a) Member States, EU Candidate Countries and Contracting Parties to the Agreement on the European Economic Area (EEA) and the European Free Trade Association (EFTA); | |
| (b) A recipient country in which the action takes place and is financed under this Instrument; | |
| (c) Countries which provide reciprocal access to their external funding to entities from the Union. Reciprocity shall be deemed to exist where the Union is in ongoing negotiations to reach, or has concluded, an agreement establishing a free trade area or a customs union with a third country, or where a third country is a party to the Agreement on Government Procurement. | |
| Where the exhaustive application of the restrictions for the strategic interests of the Union renders the implementation of an action impossible or exceedingly difficult, paragraph 11 of this Article shall apply. | |
| 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). | 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . | The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . Any restriction applied pursuant to this paragraph shall be strictly limited to what is necessary and proportionate to achieve the stated objective and shall not have the effect of reserving procurement opportunities exclusively to Union or Member State suppliers in a manner inconsistent with the Union's international commitments on untying aid. |
| 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). | 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| The eligibility rules laid down in this Article may also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . | The eligibility rules laid down in this Article shall also be restricted by Union response measures adopted under the Regulation on the protection of the Union and its Member States from economic coercion by third countries and Regulation (EU) 2022/1031 of the European Parliament and of the Council52 . |
| 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). | 52 Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI) (OJ L 173, 30.6.2022, p. 1–16, ELI: http://data.europa.eu/eli/reg/2022/1031/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| Restrictions for the purposes of the strategic interests of the Union shall take the form of access to procurement, grant and prize award procedures limited to entities that are nationals of, or in the case of legal persons, whose beneficial owners are effectively established in, the following countries: | |
| a) Member States, EU Candidate Countries and Contracting Parties to the Agreement on the European Economic Area (EEA) and the European Free Trade Association (EFTA); | |
| b) A recipient country in which the action takes place and is financed under this Instrument; | |
| c) Countries which provide reciprocal access to their external funding to entities from the Union. Reciprocity shall be deemed to exist where the Union is in ongoing negotiations to reach, or has concluded, an agreement establishing a free trade area or a customs union with a third country, or where a third country is a party to the Agreement on Government Procurement. | |
| Where the exhaustive application of the restrictions for the strategic interests of the Union renders the implementation of an action impossible or exceedingly difficult, paragraph 11 of this Article shall apply. |
This amendment introduces targeted eligibility restrictions to ensure that Union funding under the Instrument primarily benefits entities established in the Union, candidate countries, EEA/EFTA partners, recipient countries, and countries that grant reciprocal access to Union entities.
| Text proposed by the Commission | Amendment |
|---|---|
| 10 a. The Commission shall publish on its website, on a quarterly basis, an aggregated overview of eligibility restrictions applied pursuant to paragraph 10, including the countries and types of entities concerned and the value of contracts to which the restrictions applied. The Commission shall further report annually to the European Parliament and to the Council on the application of paragraph 10, including on cases in which a tender financed under the Instrument was awarded to an economic operator from a country not maintaining a level playing field with the Union despite the application of Regulations (EU) 2022/2560 and (EU) 2022/1031. |
Without public data on how often eligibility restrictions are actually applied under Article 20(10), the cross-references to the Foreign Subsidies Regulation and the International Procurement Instrument risk remaining theoretical. Quarterly publication of aggregated data and an annual report to the European Parliament and the Council create a public-record mechanism that disciplines administrative practice and enables the Union legislator to identify any pattern of under-enforcement.
| Text proposed by the Commission | Amendment |
|---|---|
| 11. The eligibility rules laid down in this Article may be extended in the case of urgency or the unavailability of eligible participants in the markets of the countries or territories concerned, or in other duly substantiated cases where application of the eligibility rules would make the realisation of an action impossible or exceedingly difficult or where such extension is in the strategic interests of the Union. | 11. The eligibility rules laid down in this Article may be exceptionally extended in the case of urgency or the unavailability of eligible participants in the markets of the countries or territories concerned, or in other duly substantiated cases where application of the eligibility rules would make the realisation of an action impossible or exceedingly difficult. |
| Text proposed by the Commission | Amendment |
|---|---|
| 12. In order to promote local capacities, markets and purchases, where Regulation (EU, Euratom) 2024/2509 provides for an award on the basis of a single tender, priority shall be given to local and regional economic operators. In all other cases, participation of local and regional economic operators shall be promoted in accordance with the relevant provisions of that Regulation. Sustainability and due diligence criteria shall be promoted. | 12. In order to promote local capacities, markets and purchases, where Regulation (EU, Euratom) 2024/2509 provides for an award on the basis of a single tender, priority shall be given to local and regional economic operators. In all other cases, participation of local and regional economic operators shall be promoted in accordance with the relevant provisions of that Regulation. Sustainability and due diligence criteria shall be promoted, taking into account corporate social responsibility and responsible business conduct. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 12 a. The eligibility rules laid down in this Article shall apply the principle of the Most Economic Advantageous Tender, determined on the basis of the Best-Price Quality Ratio. |
| Text proposed by the Commission | Amendment |
|---|---|
| Excluded activities | Conditionality, suspension and excluded activities |
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. | 1. Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries, nor actions in support of military or paramilitary capabilities of partner countries not covered by other Union instruments, nor the financing of fossil-fuel infrastructure save where the action is necessary for the energy security of a Member State, candidate country or Neighbourhood East partner. |
| 2. The Commission, in consultation with the European External Action Service, shall conduct an annual conditionality assessment for each partner country in receipt of funding under the Instrument. The assessment shall cover, as a minimum: | |
| (a) the partner country's compliance with the principles of democracy, the rule of law and human rights; | |
| (b) the partner country's cooperation with the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors; | |
| (c) the partner country's track record in implementing Union restrictive measures and avoiding their circumvention, including through transit-hub jurisdictions; | |
| (d) the partner country's voting record in the United Nations General Assembly on resolutions concerning the sovereignty and territorial integrity of states. | |
| 3. Where the assessment establishes any of the following objective triggers, the Commission shall, within 90 days of the establishment of the trigger, initiate a formal suspension review and either propose suspension of payments or implementation of programmes or transmit to the European Parliament and to the Council a reasoned justification for not doing so: (a) two consecutive negative annual conditionality assessments; (b) documented non-cooperation with OLAF or EPPO; (c) documented diversion of funds disbursed under the Instrument; (d) three consecutive years of systematic voting against Union-supported United Nations General Assembly resolutions on the sovereignty and territorial integrity of states. | |
| 4. Where the Commission fails to act within the deadline set in paragraph 3, the European Parliament, acting by simple majority, may request the Commission to submit a formal explanation, to which the Commission shall reply within 30 days. | |
| 5. Humanitarian assistance under Regulation (EC) No 1257/96 shall not be affected by suspensions adopted under this Article. | |
| 6. The Commission shall publish annually a public summary of conditionality assessments conducted under this Article. |
Article 21 as drafted is a one-line residual provision listing categories of excluded activities. Converting it into a structured conditionality clause provides the Instrument with an operational architecture comparable to that of Regulation (EU, Euratom) 2020/2092 (Rule-of-Law Conditionality Regulation) and Regulation (EU) 2021/1060 (Common Provisions Regulation). The objective-trigger architecture — two consecutive negative annual assessments, documented non-cooperation with OLAF or EPPO, documented diversion of funds, and a sustained pattern of votes against Union priorities at the United Nations General Assembly — ensures that suspension is not left to political weather. The 90-day forced-decision window, the European Parliament's power to compel a reasoned reply by simple majority, and the public-summary requirement create the procedural backbone of meaningful conditionality. The humanitarian-assistance carve-out is preserved.
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. | Union funding under the Instrument shall not support actions or measures which: |
| (a) may result in the violation of human rights in partner countries; | |
| (b) are incompatible with the recipient country’s Nationally Determined Contribution (NDC) under the Paris Agreement, or with National Biodiversity Strategies and Action Plans under the Kunming-Montreal Global Biodiversity Framework; | |
| (c) promote investments in fossil fuels or in projects that degrade ecosystems, or that, according to the environmental screening and impact assessment, cause significant adverse effects on the environment or the climate; | |
| (d) In line with Regulation (EU, Euratom) [XXX] [Performance Regulation], the Instrument shall embody the Do No Significant Harm principle by excluding activities or measures which may lead to considerable environmental impacts. | |
| (e) benefit a partner country whose responsibility for violations of the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, or of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, has been established by the International Court of Justice or another competent international court or tribunal, or with regard to which the International Court of Justice has indicated provisional measures finding a plausible risk of irreparable prejudice to the rights protected by those Conventions. This exclusion shall not affect humanitarian aid implemented in accordance with Regulation (EC) No 1257/96, nor support to civil society organisations, human rights defenders, independent media, and United Nations agencies operating in the country concerned. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. | Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. Accordingly, the Commission shall take the necessary measures in the event of a degradation in democracy, human rights and the rule of law by a partner country, such as suspending programmes, financing agreements or payments. The Commission shall take the utmost account of any recommendations made by the European Parliament or its bodies to suspend assistance, including calls for suspension of assistance expressed in resolutions. |
| Within three months of the adoption of resolutions from the European Parliament, the Commission shall adopt a reasoned decision to implement measures called for in the relevant resolutions. In case it refuses to implement the requested measures, it shall present a reasoned justification to the European Parliament, including demonstration that circumstances have been addressed. | |
| The Commission shall report annually to the European Parliament and the Council on the follow-up given to resolutions referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. | Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights, democracy or the rule of law in partner countries. Accordingly, the Commission shall take the necessary measures in the event of a degradation of democracy, human rights and the rule of law by a partner country, such as suspending programmes, financing agreements or payments. The Commission shall take the utmost account of any recommendations made by the European Parliament or its bodies to suspend assistance |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Andrey Kovatchev, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. | Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries, nor actions or measures involving terrorism, incitement to violence or hatred, antisemitism, or the financing or glorification of terrorist acts. |
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions or measures which may result in the violation of human rights in partner countries. | Union funding under the Instrument shall not support actions or measures which may result in, contribute to, enable or facilitate violations of human rights, international humanitarian law, international refugee law or Union restrictive measures. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where the Commission proposes the suspension of assistance under this Article, or where assistance has been suspended in accordance with this Article, the Commission shall, within 60 days, and after consulting the European External Action Service, assess whether the underlying conduct of the partner country also justifies the activation of one or more of the following Union leverage instruments: | |
| (a) visa measures under Article 25a(5) of Regulation (EC) No 810/2009 and Article 8 of Regulation (EU) 2018/1806; | |
| (b) the withdrawal or modification of trade preferences under Regulation (EU) No 978/2012, where the partner country is a beneficiary; | |
| (c) the suspension or denunciation of essential-elements clauses in association, partnership and cooperation agreements with the Union; | |
| (d) response measures under Regulation (EU) No 654/2014; | |
| (e) measures under Regulation (EU) 2023/2675 (Anti-Coercion Instrument), where the conditions for activation are met; | |
| (f) restrictive screening of investments originating from the partner country under Regulation (EU) 2019/452. | |
| The Commission shall communicate the outcome of that assessment, together with any consequential proposals, to the European Parliament and the Council. Where the Commission concludes that one or more such instruments should not be activated despite the conditions being met, it shall provide a reasoned justification, which the European Parliament may, by simple majority, request to be supplemented or clarified within 30 days. |
This new paragraph builds a structural bridge between the Instrument's conditionality clause and the rest of the Union's external-policy acquis. Suspension under this Regulation alone is a comparatively soft signal; coupled with a documented assessment of the activation of visa measures, trade-preference modification, essential-elements-clause suspension, response measures under the Trade Enforcement Regulation, Anti-Coercion Instrument activation, or restrictive investment screening, it becomes a coherent escalation ladder. The 60-day assessment requirement prevents open-ended inaction; the parliamentary clarification mechanism preserves political accountability without infringing the Commission's right of initiative.
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support actions and measures which are incompatible with the Paris Agreement, or that, according to the environmental screening and impact assessment, cause significant adverse effects on the environment or the climate, unless such actions or measures are strictly necessary to achieve the objectives of the Instrument and are accompanied by appropriate measures to avoid, prevent or reduce and, if possible, off-set those effects, including support to phase out environmentally harmful fossil fuel subsidies. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| Funding under the Instrument shall not be made available, including through financial instruments, budgetary guarantees or indirect management, to entities involved in activities contrary to international law, including the production, acquisition, stockpiling or transfer of weapons prohibited under international law. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Nathalie Loiseau, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not be awarded to entities linked to foreign information manipulation and interference, or to entities whose actions demonstrably undermine Union fundamental values, principles, and democratic integrity. |
| Text proposed by the Commission | Amendment |
|---|---|
| Union funding under the Instrument shall not support entities directly or indirectly linked to terrorist organisations designated as such by the Union or one of its Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article21a | |
| Human Rights compliance and the Monitoring Mechanism | |
| (1) Union funding under the Instrument shall be implemented in full accordance with the Union obligation under Article 21 TEU to advance democracy, the rule of law and human rights and shall thus not support actions or measures which may result in the violation of human rights in partner countries. | |
| (2) The Commission shall ensure the establishment of a dedicated, sound and independent Mechanism with the purpose of monitoring compliance with Article 21(1). The Mechanism shall consist of a human rights officer, to be appointed after consultation with the European Parliament, and an adequate number of monitors to carry out its tasks under Article 21 (3) | |
| (3) The Mechanism shall perform the following tasks: | |
| (a) contributing to compliance with the Commission’s obligations under Article 21 (1), by issuing recommendations in the programming phase; | |
| (b) carrying out on-the-spot visits to projects funded under the Instrument in third countries; | |
| (c) monitoring the Commission’s compliance with fundamental rights, including by conducting investigations into any of its activities; | |
| (d) conducting regular human rights risks assessments and stakeholder analyses to identify potential or actual violations; | |
| (e) establishing clear accountability mechanisms and access to remedies for affected persons; | |
| (4) The Mechanism shall have the authority to propose a suspension of activities to the Commission in case activities funded by the EU contribute, directly or indirectly, to a violation of the obligations under Article 21 (1). It shall inform the European Parliament and the Council of such a proposal and its report; | |
| (5) The Commission shall ensure that the Mechanism is able to act autonomously and independently in the conduct of its duties. The Mechanism shall have sufficient and adequate human and financial resources at its disposal necessary for the fulfilment of its tasks. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article21b | |
| Human Rights emergency brake mechanism | |
| 1. Upon receiving reports as referred to in Article 21 (3), the European Parliament may, by means of a duly justified resolution, call on the Commission to suspend, in whole or in part, programmes, financing agreements or payments under the Instrument with regard to a partner country where it considers that activities are incompatible with Article 21(1). | |
| 2. Within three months of the adoption of such a resolution, the Commission shall adopt a reasoned decision either implementing the measures called for by way of delegated act, or engaging in a structured dialogue with the European Parliament and present a reasoned justification for its refusal to implement these measures, demonstrating that the circumstances which led to the suspension have been substantively addressed. | |
| 3. The Commission shall report annually to the European Parliament and the Council on the follow-up given to resolutions adopted under paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By way of derogation from Article 12(4) of Regulation (EU, Euratom) 2024/2509, unused commitment and payment appropriations under this Instrument shall be automatically carried-over and may be committed and used under this Instrument under the corresponding budget line specified under Article 6(1), respectively, up to 31 December of the following financial year. The amount carried over shall be used first in the following financial year. | deleted |
| The Commission shall inform the European Parliament and the Council of commitment appropriations carried-over in accordance with Article 12(6) of Regulation (EU, Euratom) 2024/2509. |
| Text proposed by the Commission | Amendment |
|---|---|
| By way of derogation from Article 12(4) of Regulation (EU, Euratom) 2024/2509, unused commitment and payment appropriations under this Instrument shall be automatically carried-over and may be committed and used under this Instrument under the corresponding budget line specified under Article 6(1), respectively, up to 31 December of the following financial year. The amount carried over shall be used first in the following financial year. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| By way of derogation from Article 12(4) of Regulation (EU, Euratom) 2024/2509, unused commitment and payment appropriations under this Instrument shall be automatically carried-over and may be committed and used under this Instrument under the corresponding budget line specified under Article 6(1), respectively, up to 31 December of the following financial year. The amount carried over shall be used first in the following financial year. | By way of derogation from Article 12(4) of Regulation (EU, Euratom) 2024/2509, unused commitment and payment appropriations under this Instrument may be carried over upon a reasoned decision of the Commission, subject to notification to and non-objection by the European Parliament and the Council within 30 days. Carried-over amounts shall be accompanied by a report explaining why the original commitment was not executed on time, identifying the responsible implementing entity, and setting out corrective measures. Systematic carry-overs from the same budget line for more than two consecutive years shall trigger a mandatory programme review. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall inform the European Parliament and the Council of commitment appropriations carried-over in accordance with Article 12(6) of Regulation (EU, Euratom) 2024/2509. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Decommitted funds may be used to provide Union support under this Regulation and shall be assigned to the budget line of origin of the Instrument. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 22a | |
| Specific provisions on transfers concerning humanitarian aid | |
| 1. By way of derogation from Articles 29 and 30 of Regulation (EU, Euratom) 2024/2509, the appropriations dedicated to humanitarian aid actions under this Regulation, as defined in Article 6(5c), fourth subparagraph, shall not be subject to transfers of appropriations to budget lines other than those dedicated to humanitarian aid, whether such transfers are carried out autonomously by the Commission or in accordance with the procedure laid down in Article 31 of that Regulation. | |
| 2. The Commission shall inform the European Parliament and the Council, on a quarterly basis, of all transfers carried out between budget lines dedicated to humanitarian aid under this Regulation, including the amounts concerned, the budget lines of origin and destination, and the justification for the transfer. |
Without a specific sectoral derogation, the binding minimum financial envelope established for Humanitarian aid could be eroded in practice through executive transfers. This amendment introduces an express derogation from the relevant provisions of the Financial Regulation.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Instrument shall be implemented either directly or indirectly through any of the entities listed in Article 62(1), point (c), of Regulation (EU, Euratom) 2024/2509 including those within the meaning of point (c) (ix). The Commission may also entrust budget implementation tasks to the Union Institute for Security Studies and the European Security and Defence College in accordance with Article 62(1), point (c) (viii) of Regulation (EU, Euratom) 2024/2509. | 1. The Instrument shall be implemented either directly or indirectly through any of the entities listed in Article 62(1), point (c), of Regulation (EU, Euratom) 2024/2509 including those within the meaning of point (c) (ix). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Union funding may be provided through the types of financing laid down in Regulation (EU, Euratom) 2024/2509, including contributions to trust funds set up by the Commission, in accordance with Article 238 of Regulation (EU, Euratom) 2024/2509, and those specifically authorised in this Instrument. The budgetary guarantee, financial instruments, including when combined with grants or with other forms of non-repayable support in blending operations, and financial assistance under the Instrument shall be implemented in accordance with Title X of Regulation (EU, Euratom) 2024/2509. | 2. Union funding may be provided through the types of financing laid down in Regulation (EU, Euratom) 2024/2509, including contributions to trust funds set up by the Commission, in accordance with Article 238 of Regulation (EU, Euratom) 2024/2509, and those specifically authorised in this Instrument. The budgetary guarantee, financial instruments, including when combined with grants or with other forms of non-repayable support in blending operations, and financial assistance under the Instrument shall be implemented in accordance with Title X of Regulation (EU, Euratom) 2024/2509. Such funding may also be implemented through simplified and accessible modalities for local and regional governments, their associations and decentralised cooperation actors, including direct grants, simplified calls for proposals and, sub-granting mechanisms and local framework partnership agreements, where appropriate. Where appropriate, the Commission should use triangular cooperation and procurement arrangements involving partner countries and other third countries in order to diversify suppliers, strengthen local and regional capacities, and secure better value for money, resilience and sustainability in the implementation of Union-funded actions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Union funding may be provided through the types of financing laid down in Regulation (EU, Euratom) 2024/2509, including contributions to trust funds set up by the Commission, in accordance with Article 238 of Regulation (EU, Euratom) 2024/2509, and those specifically authorised in this Instrument. The budgetary guarantee, financial instruments, including when combined with grants or with other forms of non-repayable support in blending operations, and financial assistance under the Instrument shall be implemented in accordance with Title X of Regulation (EU, Euratom) 2024/2509. | 2. Union funding may be provided through the types of financing laid down in Regulation (EU, Euratom) 2024/2509, The budgetary guarantee, financial instruments, including when combined with grants or with other forms of non-repayable support in blending operations, and financial assistance under the Instrument shall be implemented in accordance with Title X of Regulation (EU, Euratom) 2024/2509. |
The lack of parliamentary control and scrutiny concerning trust funds has not been addressed sufficiently. Trust Funds as financing instrument do not fulfil the criteria of transparency and parliamentary control/scrutiny in a satisfactory manner.
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Financial instruments, budgetary guarantees and blending operations under Article 23(2) shall: | |
| (a) Support sustainable and inclusive economic, environmental and social development and a stable environment for local businesses. | |
| (b) Strengthen resilience in partner countries by addressing poverty, inequality, sustainable development, climate and environmental protection, decent jobs, support for SMEs and vulnerable groups, and promoting human rights, gender equality, and youth and women’s empowerment. | |
| (c) Ensure effectively accessible complaint mechanisms for directly or indirectly affected communities and individuals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The Union's support to Ukraine under Article 6(2) may take the form of grants, loans, budgetary guarantees, blending operations or contributions to trust funds. The Commission shall, in cooperation with the European Investment Bank and Ukrainian authorities, ensure that reconstruction actions financed under the Instrument maximise the participation of Union and Ukrainian small and medium-sized enterprises, including through dedicated facilities for SMEs. The annual ratio between grants, loans, and other forms of support shall be reported in detail to the European Parliament and the Council. |
Ukraine reconstruction is the single largest line in the Instrument and is most exposed to capture by large prime contractors. Anchoring Union and Ukrainian small and medium-sized enterprise participation at article level, including through dedicated facilities, ensures that reconstruction supports a competitive economic base. Annual reporting on the grants/loans/guarantees mix is essential for budgetary control given the implications of each modality for risk exposure and contingent Union liabilities.
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Loans, financial instruments, budgetary guarantees and blending operations shall be used where they are appropriate to the policy objective pursued, demonstrate additionality and development impact, and do not undermine debt sustainability. Actions contributing primarily to the general objectives of Article 4(1)(a) and (b), including poverty eradication, human development, public services, social protection, gender equality, human rights and support to civil society shall be supported through grants, budget support or other non-debt creating forms of Union funding available under this Instrument. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Financial instruments and budgetary guarantees referred to in paragraph 2 of this Article shall support financing and investment operations which comply with the conditions laid down in Article 212(1 and 2) of Regulation (EU, Euratom) 2024/2509, in particular as regards the need to achieve additionality; |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. When working with civil society organisations and stakeholders of partner countries such as local authorities, the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the participation, the evaluation and award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. Specific modalities shall be encouraged in accordance with Regulation (EU, Euratom) 2024/2509, such as financial framework partnership agreements, financial support to third parties, grants awarded without a call for proposals, or simplified forms of funding referred to in Article 125(1) of Regulation (EU, Euratom) 2024/2509. | 3. When working with civil society organisations and stakeholders such as local authorities, especially of partner countries, the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the participation, the evaluation and award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. Specific modalities shall be encouraged in accordance with Regulation (EU, Euratom) 2024/2509, such as financial framework partnership agreements, financial support to third parties, grants awarded without a call for proposals, or simplified forms of funding referred to in Article 125(1) of Regulation (EU, Euratom) 2024/2509. |
| The Commission shall ensure and dedicate funding for civil society organisations and for the promotion and protection of human rights, through ring-fenced allocations within the Instrument. Funding modalities shall be accessible to enable the meaningful participation of civil society organisations throughout the full programme cycle. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. When working with civil society organisations and stakeholders of partner countries such as local authorities, the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the participation, the evaluation and award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. Specific modalities shall be encouraged in accordance with Regulation (EU, Euratom) 2024/2509, such as financial framework partnership agreements, financial support to third parties, grants awarded without a call for proposals, or simplified forms of funding referred to in Article 125(1) of Regulation (EU, Euratom) 2024/2509. | 3. When working with civil society organisations and stakeholders of partner countries including local authorities, the Commission shall take into account their specificities, including their needs and the relevant context, while ensuring proper financial safeguards, clear allocation of responsibilities, and adequate reporting and auditability of funds. Financing modalities, types of contributions, the participation, evaluation and award procedures and the administrative provisions shall be designed to facilitate access for local and small CSOs, including in fragile or high-risk environments, without creating undue administrative burden. Specific modalities shall be encouraged in accordance with Regulation (EU, Euratom) 2024/2509, such as financial framework partnership agreements, financial support to third parties, grants awarded without a call for proposals and other simplified forms of funding referred to in Article 125(1) of Regulation (EU, Euratom) 2024/2509, provided that transparency, accountability, and eligibility criteria are fully respected. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Andrey Kovatchev, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 3. When working with civil society organisations and stakeholders of partner countries such as local authorities, the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the participation, the evaluation and award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. Specific modalities shall be encouraged in accordance with Regulation (EU, Euratom) 2024/2509, such as financial framework partnership agreements, financial support to third parties, grants awarded without a call for proposals, or simplified forms of funding referred to in Article 125(1) of Regulation (EU, Euratom) 2024/2509. | 3. When working with civil society organisations and stakeholders of partner countries such as local authorities and small and medium enterprises the Commission shall take into account their specificities, including their needs and the relevant context, when defining the financing modalities, the type of contribution, the participation, the evaluation and award modalities and the administrative provisions for the management of grants, with a view to reaching and best responding to the widest possible range of such stakeholders. Specific modalities shall be encouraged in accordance with Regulation (EU, Euratom) 2024/2509, such as financial framework partnership agreements, financial support to third parties, grants awarded without a call for proposals, or simplified forms of funding referred to in Article 125(1) of Regulation (EU, Euratom) 2024/2509. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Financial instruments, budgetary guarantees and blending operations referred to in Article 23(7) of this Regulation shall in particular foster sustainable and inclusive economic, environmental and social development, the transition to a sustainable value-added economy and a stable environment for local business development. They shall also promote socio-economic and environmental resilience in partner countries with a particular focus on the eradication of poverty. They shall thus contribute to the reduction of socio-economic inequalities, sustainable and inclusive growth, climate change adaptation and mitigation, environmental protection and management, the creation of decent jobs, economic opportunities, skills and entrepreneurship, the promotion of human rights, gender equality and the empowerment of women and young people. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The Commission shall ensure that no budgetary guarantees, financial instruments or financial assistance under this Instrument are granted to entities involved in or indirectly facilitating gross human rights violations, particularly crimes against humanity, with special attention to security, defence and digital companies; |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. the Commission shall ensure that no budgetary guarantees, financial instruments or financial assistance under this Instrument are granted to entities involved in the manufacture, trade, financing, stockpiling, transfer or use of anti-personnel mines, cluster munitions or other weapons prohibited under international law; |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 3 c. the Commission shall ensure that no budgetary guarantees, financial instruments or financial assistance under this Instrument is granted to entities involved in the manufacture, trade, or financing from products produced in illegally occupied settlements; |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. By way of derogation from Article 198 of Regulation (EU, Euratom) 2024/2509, grants may be awarded without a call for proposals in the following cases: | 4. By way of derogation from Article 198 of Regulation (EU, Euratom) 2024/2509, grants may be awarded without a call for proposals only in the following limited cases: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) low-value grants to human rights defenders to finance urgent protection actions and needs, including through mechanisms for the protection of human rights defenders at risk, as well as to mediators and other civil society actors involved in crisis and armed conflict related dialogue, conflict resolution, reconciliation and peacebuilding, where appropriate without the need for co-financing; | (a) low-value grants to human rights defenders and independent journalists to finance urgent protection actions and needs, including through mechanisms for the protection of human rights defenders and independent journalists at risk, as well as to mediators and other civil society actors involved in crisis and armed conflict related dialogue, conflict resolution, reconciliation and peacebuilding, where appropriate without the need for co-financing; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) low-value grants to human rights defenders to finance urgent protection actions and needs, including through mechanisms for the protection of human rights defenders at risk, as well as to mediators and other civil society actors involved in crisis and armed conflict related dialogue, conflict resolution, reconciliation and peacebuilding, where appropriate without the need for co-financing; | (a) low-value grants to human rights defenders including women’s and LGBTQ+ rights defenders to finance urgent protection actions and needs, including through mechanisms for the protection of human rights defenders at risk, as well as to mediators and other civil society actors involved in crisis and armed conflict related dialogue, conflict resolution, reconciliation and peacebuilding, where appropriate without the need for co-financing; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate, including situations where there is a serious lack of fundamental freedoms, including violation of human rights, threats to democratic institutions, escalation of crisis or armed conflict, where human security is most at risk or where human rights organisations and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peacebuilding operate under the most difficult conditions; such grants shall not exceed EUR 1 000 000 and their duration shall not exceed 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation; | (b) emergency grants of up to EUR 100 000 to individuals or organisations facing imminent, documented personal risk in situations of genuine humanitarian emergency, subject to immediate notification to the European Parliament; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate, including situations where there is a serious lack of fundamental freedoms, including violation of human rights, threats to democratic institutions, escalation of crisis or armed conflict, where human security is most at risk or where human rights organisations and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peacebuilding operate under the most difficult conditions; such grants shall not exceed EUR 1 000 000 and their duration shall not exceed 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation; | (b) grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate, including situations where there is a serious lack of fundamental freedoms, including violation of human rights, threats to democratic institutions, increased migration pressures, escalation of crisis or armed conflict, where human security is most at risk or where human rights organisations and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peacebuilding operate under the most difficult conditions; such grants shall not exceed EUR 1 000 000 and their duration shall not exceed 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate, including situations where there is a serious lack of fundamental freedoms, including violation of human rights, threats to democratic institutions, escalation of crisis or armed conflict, where human security is most at risk or where human rights organisations and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peacebuilding operate under the most difficult conditions; such grants shall not exceed EUR 1 000 000 and their duration shall not exceed 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation; | (b) grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate, including situations where there is a serious lack of fundamental freedoms, including violation of human rights, threats to democratic institutions, and independent media, escalation of crisis or armed conflict, where human security is most at risk or where human rights organisations and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peacebuilding operate under the most difficult conditions; such grants shall not exceed EUR 1 000 000 and their duration shall not exceed 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation; |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| (c) grants to the Global Campus of Human Rights; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) grants to the Global Campus of Human Rights; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) grants to the Global Campus of Human Rights; | (c) grants to international, regional and national instruments and mechanisms promoting and protecting human rights, democracy and the rule of law, including the Office of the High Commissioner for Human Rights, the International Criminal Court and other relevant international, regional and national human rights mechanisms. Furthermore, the grants shall promote education and research on human rights and democracy, including programmes of the Global Campus of Human Rights and scholarships for students and human rights defenders from third countries; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) low value grants to civil society organisations using, to the extent possible, simplified forms of funding in accordance with Article 125 of Regulation (EU, Euratom) 2024/2509. | deleted |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Nathalie Loiseau, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| (d) low value grants to civil society organisations using, to the extent possible, simplified forms of funding in accordance with Article 125 of Regulation (EU, Euratom) 2024/2509. | (d) low value grants to civil society organisations and independent media using, to the extent possible, simplified forms of funding in accordance with Article 125 of Regulation (EU, Euratom) 2024/2509. |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where necessary and duly justified in the action plans and measures referred to in Article 18, grants to legal entities governed by private law which are effectively established in a Member State to facilitate investments that are in the strategic interest of the Union and support the objectives of the Instrument. | deleted |
The Commission's proposal sets no robust safeguards to ensure that direct awards to legal entities governed by private law remain exceptional. According to the European Court of Auditors' opinion 07/2026 on the Regulation of Global Europe, the possibility to use direct award to support investments in the strategic interest of the EU could go against the principle of competition, transparency and equal treatment.
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where necessary and duly justified in the action plans and measures referred to in Article 18, grants to legal entities governed by private law which are effectively established in a Member State to facilitate investments that are in the strategic interest of the Union and support the objectives of the Instrument. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where necessary and duly justified in the action plans and measures referred to in Article 18, grants to legal entities governed by private law which are effectively established in a Member State to facilitate investments that are in the strategic interest of the Union and support the objectives of the Instrument. | (e) where necessary and duly justified in the action plans and measures referred to in Article 18, grants to legal entities governed by private law which are effectively established in a Member State to facilitate investments that are in the strategic interest of the Union and support the objectives of the Instrument, provided that: (i) the grant is subject to a prior assessment demonstrating that the objectives of the action cannot be achieved effectively through a competitive call for proposals; (ii) the action has a demonstrable and primary development purpose in the partner country concerned and is not designed principally to generate commercial returns for the recipient entity or for the Member State in which it is established. |
Dan Barna, Engin Eroglu, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where necessary and duly justified in the action plans and measures referred to in Article 18, grants to legal entities governed by private law which are effectively established in a Member State to facilitate investments that are in the strategic interest of the Union and support the objectives of the Instrument. | (e) where necessary and duly justified in the action plans and measures referred to in Article 18, grants to legal entities governed by private law which are effectively established in a Member State to facilitate investments that are in the strategic interest of the Union and support the objectives of the Instrument. Such grants shall remain exceptional and strictly adhere to the financial thresholds and transparency requirements established in Regulation (EU, Euratom) 2024/2509." |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) grants may be awarded directly to international organisations, when it is more efficient for the Union to fund those international organisations rather than to act directly, namely where such direct award is duly justified by their mandate, comparative advantage, or their role in ensuring effective, timely and coordinated implementation of Union external action, in particular in fragile, crisis or humanitarian or displacement contexts. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. | 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. |
| It shall expand the use of re-granting schemes to reach frontline local and grassroots civil society organisations while maintaining accountability. It shall promote umbrella mechanisms through which organisations with fiduciary capacity channel funding to smaller, community-based women’s rights and LGBTIQ+ organisations, with proportionate oversight. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. | 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. The Instrument shall provide the possibility of using re-granting schemes and umbrella mechanisms, priotitising women funds, to channel funding to frontline actors and grassroots civil society organisations, including women’s rights and LGBTQIA+ organisations, while retaining accountability and proportionate oversight. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. | 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, independent media, investigative journalists, human rights defenders, anti-corruption actors and democratic opposition actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. In areas pertaining to the protection of human rights and democracy and support to civil society actors, the Union may provide assistance independently of the consent of governments and other public authorities of the partner countries concerned; those actions shall mainly support civil society actors, taking into account forms and methods of implementation, as referred to in paragraph 4 of this Article. | 5. The Union may provide assistance to civil society actors in partner countries through officially registered channels and in accordance with the laws of the partner country concerned. The Union's engagement with civil society shall respect the sovereignty of partner countries and shall not constitute interference in their internal affairs. The Union shall not fund organisations or activities that are prohibited under the laws of the partner country. |
| Text proposed by the Commission | Amendment |
|---|---|
| Budget support, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and the commitment of partner countries, taking into account their record and progress with regard to universal values, democracy, human rights and the rule of law, and aims to strengthen partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity building and improved governance, complementing partners’ efforts to collect more and to spend better in order to support sustainable, inclusive growth and decent job creation, including for young people poverty eradication, inequality reduction, and to build and consolidate democracies and peaceful societies. Budget support shall also contribute to gender equality. | Budget support, including through sector reform performance contracts, shall be based on strong country ownership, mutual accountability and the commitment of partner countries, taking into account their record and progress with regard to universal values, democracy, human rights and the rule of law, and aims to strengthen partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity building and improved governance, complementing partners’ efforts to collect more and to spend better in order to build and consolidate democracies and peaceful societies. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
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| Budget support, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and the commitment of partner countries, taking into account their record and progress with regard to universal values, democracy, human rights and the rule of law, and aims to strengthen partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity building and improved governance, complementing partners’ efforts to collect more and to spend better in order to support sustainable, inclusive growth and decent job creation, including for young people poverty eradication, inequality reduction, and to build and consolidate democracies and peaceful societies. Budget support shall also contribute to gender equality. | Budget support, including through sector reform performance contracts and policy-based loans, shall be based on country ownership, mutual accountability and the commitment of partner countries, taking into account their record and progress with regard to universal values, democracy, human rights and the rule of law, and aims to strengthen partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity building and improved governance, complementing partners’ efforts to collect more and to spend better in order to support sustainable, inclusive growth and decent job creation, including for young people, as well as access to inclusive, equitable and quality education and skills development, poverty eradication, inequality reduction, and to build and consolidate democracies and peaceful societies. Budget support and policy-based loans shall also contribute to gender equality. |
| Text proposed by the Commission | Amendment |
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| Budget support, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and the commitment of partner countries, taking into account their record and progress with regard to universal values, democracy, human rights and the rule of law, and aims to strengthen partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity building and improved governance, complementing partners’ efforts to collect more and to spend better in order to support sustainable, inclusive growth and decent job creation, including for young people poverty eradication, inequality reduction, and to build and consolidate democracies and peaceful societies. Budget support shall also contribute to gender equality. | Budget support, including through sector reform performance contracts and policy-based loans, shall be based on country ownership, mutual accountability and the commitment of partner countries, taking into account their record respect of universal values, democracy, human rights, gender equality and the rule of law, and aims to strengthen partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity building and improved governance, complementing partners’ efforts to collect more and to spend better in order to support sustainable, inclusive growth and decent job creation, including for young people poverty eradication, inequality reduction, and to build and consolidate democracies and peaceful societies. Budget support and policy-based loans shall also contribute to gender equality. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
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| Any decision to provide budget support shall be based on budget support policies agreed by the Union, a clear set of eligibility criteria and a careful assessment of the risks and benefits. | Any decision to provide budget support and policy-based loans shall be based on budget support policies agreed by the Union, a clear set of eligibility criteria and a careful assessment of the risks and benefits. |
| Text proposed by the Commission | Amendment |
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| Any decision to provide budget support shall be based on budget support policies agreed by the Union, a clear set of eligibility criteria and a careful assessment of the risks and benefits. | Any decision to provide budget support and policy-based loans shall be based on budget support policies agreed by the Union, a clear set of eligibility criteria and a careful assessment of the risks and benefits. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
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| Budget support shall be differentiated in such a way as to respond better to the political, economic, social and environmental context of the partner country, taking into account situations of fragility. | Budget support and policy-based loans shall be differentiated in such a way as to respond better to the political, economic, social and environmental context of the partner country, taking into account situations of fragility and, in the case of policy-based loans, of the country's ability to sustain its debt levels over the loan term. |
| Text proposed by the Commission | Amendment |
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| Budget support shall be differentiated in such a way as to respond better to the political, economic, social and environmental context of the partner country, taking into account situations of fragility. | Budget support and policy-based loans shall be differentiated in such a way as to respond better to the political, economic, social and environmental context of the partner country, taking into account situations of fragility and, in the case of policy-based loans, of the country’s ability to sustain its debt levels over the loan term. |
| Text proposed by the Commission | Amendment |
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| When providing budget support in accordance with Article 241 of Regulation (EU, Euratom) 2024/2509, the Commission shall clearly define and monitor criteria for budget support conditionality, including progress in reforms and transparency, and shall support the development of parliamentary control, national audit capacities and increased transparency and public access to information. | When providing budget support in accordance with Article 241 of Regulation (EU, Euratom) 2024/2509, the Commission shall clearly define and monitor criteria for budget support conditionality, including progress in reforms and transparency, and shall support the development of parliamentary control, national audit capacities and increased transparency and public access to information. Countries receiving budget support from the European Union should report to the Commission on the allocation and use of EU funds, including the projects financed and the amounts disbursed, the impact and added value of the actions undertaken, and provide a list of the final beneficiaries, in order to ensure full accountability, transparency, and traceability of EU funds. The Commission shall make this information available to the European Parliament. |
| Text proposed by the Commission | Amendment |
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| In accordance with the aforementioned Article, the Commission shall also ensure that financing agreements providing budget support to a third country contain a right for the Commission to suspend the financing agreement if the third country breaches an obligation relating to respect for human rights, democratic principles and the rule of law and in serious cases of corruption. The presence of independent national human rights institutions in line with the UN Principles relating to the Status of National Institutions (The Paris Principles) should be a prerequisite for funding eligibility. |
| Text proposed by the Commission | Amendment |
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| Disbursement of the budget support shall be based on indicators demonstrating satisfactory progress being made towards achieving the objectives agreed with the partner country. | Disbursement of the budget support shall be based on indicators demonstrating satisfactory progress being made towards achieving the objectives agreed with the partner country. |
| The conditions applicable to policy-based loans shall also be aligned with the conditions of budget support in accordance with Article 241(1) of Regulation (EU, Euratom) 2024/2509. | |
| The Commission shall ensure the full involvement of the EU budgetary authority, namely the European Parliament and the Council, in the adoption of policy-based loans with partner countries, including any accompanying loans. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Andrey Kovatchev, Christian Ehler
| Text proposed by the Commission | Amendment |
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| While grants remain an important component of Union support for low-income and fragile partner countries, sustainable long-term development also requires leveraging private capital, strengthening local economic resilience and making use of a diversified financing approach. |
| Text proposed by the Commission | Amendment |
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| 7. In accordance with Article 196 (2), second subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, in duly justified cases specified in the action plans and measures referred to in Article 18, activities supported under the Instrument and the underlying costs incurred in 2028 may be considered eligible as of 1 January 2028, even if those activities were implemented and those costs were incurred before the grant application was submitted. | 7. Implementation of actions in indirect management, including through financial instruments, budgetary guarantees and blending operations under the Instrument shall be entrusted whenever possible and in accordance with Article 157(1), first subparagraph of Regulation (EU, Euratom) 2024/2509, to the EIB, as the Union's primary lending arm, the EBRD, or a Member State organisation, possibly combined with other additional forms of financial support, both from Member States and third parties. Delegation agreements concluded with entrusted entities under this paragraph shall ensure that procurement and grant rules applied are equivalent to those laid down in Article 20, in particular as regards a level playing field for Union economic operators and the exclusion of economic operators whose participation is enabled by foreign subsidies within the meaning of Regulation (EU) 2022/2560. The Commission shall verify equivalence ex ante and report annually on its findings to the European Parliament. |
Actions in indirect management currently apply the procurement and grant rules of the entrusted entity — the European Investment Bank, the European Bank for Reconstruction and Development, or Member State agencies. Several of those rules are weaker than Article 20 in respect of exclusion of bidders enabled by foreign subsidies within the meaning of Regulation (EU) 2022/2560. The level-playing-field equivalence requirement, ex-ante verification by the Commission, and annual reporting to the European Parliament close that gap and ensure that Union financing routed through indirect management is subject to standards equivalent to those applied in direct management.
| Text proposed by the Commission | Amendment |
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| 7 a. Low-income or fragile partner countries, in particular those with unsustainable debt or limited borrowing capacity, shall primarily be provided with grant-based financing. |
| Text proposed by the Commission | Amendment |
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| 8. Implementation of actions in indirect management, including through financial instruments, budgetary guarantees and blending operations under the Instrument shall be entrusted whenever possible and in accordance with Article 157(1), first subparagraph of Regulation (EU, Euratom) 2024/2509, to the EIB, the EBRD, or a Member State organisation, possibly combined with additional other forms of financial support, both from Member States and third parties. | 8. Implementation of actions in indirect management, including through financial instruments, budgetary guarantees and blending operations under the Instrument shall be entrusted whenever possible and in accordance with Article 157(1), first subparagraph of Regulation (EU, Euratom) 2024/2509, to the EIB, the EBRD, or a Member State organisation, possibly combined with additional other forms of financial support, both from Member States and third parties. When implementing Union funds under this paragraph, those entities shall apply procurement and award procedures consistent with the principles of transparency, sound financial management, the protection of Union financial interests, the level playing field and the economic security and resilience objectives of the Instrument. |
Reinforces transparency, sound financial management, the protection of Union financial interests and the level playing field in indirect management operations supported by the Instrument, while ensuring consistency with the Instrument’s economic security and resilience objectives.
Malik Azmani, Engin Eroglu, Dan Barna, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
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| 13 a. The European Court of Auditors shall have the right to carry out audits on all entities entrusted with the implementation of funds under this Regulation, whether under direct, indirect or shared management, including international organisations, private entities and partner country bodies. Implementing agreements concluded pursuant to this Regulation with entities referred to in paragraph 1 shall include provisions explicitly guaranteeing the right of the European Court of Auditors to access documents and premises and to obtain information necessary for the performance of its audit mandate pursuant to Article 287 TFEU. Any restrictions to the access referred to in paragraphs 1 and 2 shall be reported by the Commission to the European Parliament and the Council without undue delay. |
Under current arrangements, the European Court of Auditors does not always have guaranteed access to documents, premises and information necessary to audit the final use of Union funds once they leave the Commission's direct control. This creates an accountability gap that is incompatible with the scale of the instrument. This amendment ensures that all implementing agreements concluded under the Regulation explicitly guarantee the Court of Auditors' audit mandate as established under Article 287 TFEU.
| Text proposed by the Commission | Amendment |
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| Article23a | |
| Financial instruments, budgetary guarantees and blending operations referred to in Article 23(7) of this Regulation shall support financing and investment operations which comply with the conditions set out in points (a) to (e) of Article 209(2) of the Financial Regulation concerning in particular the need to achieve additionality, including by addressing market failures or suboptimal investment situations, alignment of interest of the eligible counterparts, avoiding the distortion of competition, and, where appropriate, maximising private investment, and which: undergo, in line with Article 34 of the Financial Regulation, ex ante evaluations which shall be proportionate to the objectives and amounts of the envisaged operations to determine the possible implications and risks of these operations with regard to human rights, environmental, labour and social standards including in the form of impact assessments for major programmes that are expected to have a significant impact on these areas, and taking due account of the principle of free and prior informed consent of affected communities in land related investments; are economically and financially viable, with due regard to the possible support from, and co-financing by, private and public partners to the project, while taking into account the specific operating environment and capacities of countries identified as experiencing fragility or conflict, LDCs, small island developing states, landlocked developing countries and heavily indebted poor countries which may benefit from more concessional terms; are technically viable and are sustainable from an environmental and social point of view and maximise development impact; do not distort markets in partner countries and regions and do not compete unfairly with local actors; are implemented in accordance with the policy framework referred to in Article 8, applicable environmental, social and labour law obligations and standards and internationally agreed guidelines, principles and conventions on investments, in particular those adopted by the UN and the OECD, with full respect for international human rights law as well as in accordance with the objectives and general principles laid down in Articles 4 and 9. |
| Text proposed by the Commission | Amendment |
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| Article23b | |
| When designing the mix of grants, loans, budgetary guarantees and financial instruments under this Instrument, the Commission shall take due account of partner countries’ debt-carrying capacity, as assessed through the latest available IMF/World Bank Debt Sustainability Analysis. In particular: | |
| (a) support to least developed countries and low-income countries with weak or medium debt-carrying capacity shall be provided primarily through grants; | |
| (b) for partner countries at high risk of debt distress or in debt distress, support shall be consistent with the applicable debt sustainability analysis and shall not exacerbate debt vulnerabilities; | |
| (c) debt relief, forgiveness or other non-reimbursed debt treatment counted as ODA shall demonstrably contribute to development outcomes; | |
| (d) When non-grant instruments (such as loans or guarantees) are used for debt-vulnerable partner countries, the Commission must justify that the assistance maintains debt sustainability, and it delivers a positive development impact. |
| Text proposed by the Commission | Amendment |
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| 1. The Union may provide support in the form of a budgetary guarantee up to a maximum amount of EUR 95 000 000 000 in current prices. The amounts of financial assistance implemented as macro-financial assistance in the form of loans and as policy-based loans referred to in Article 23(2) as well as the amounts of the loans provided under Regulation (Euratom) [XXX] (INSC-D) shall reduce the maximum amount of the budgetary guarantee. | deleted |
| Text proposed by the Commission | Amendment |
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| 1. The Union may provide support in the form of a budgetary guarantee up to a maximum amount of EUR 95 000 000 000 in current prices. The amounts of financial assistance implemented as macro-financial assistance in the form of loans and as policy-based loans referred to in Article 23(2) as well as the amounts of the loans provided under Regulation (Euratom) [XXX] (INSC-D) shall reduce the maximum amount of the budgetary guarantee. | 1. The Union may provide support in the form of a budgetary guarantee up to a maximum amount of EUR 95 000 000 000 in current prices. The amounts of financial assistance implemented as macro-financial assistance in the form of loans and as policy-based loans referred to in Article 23(2) as well as the amounts of the loans provided under Regulation (Euratom) [XXX] (INSC-D) shall reduce the maximum amount of the budgetary guarantee, provided that all such operations are subject to appropriate risk assessment and that the European Parliament and the Council are duly informed and provided with the necessary information, including prior to key decisions, to enable them to exercise effective scrutiny. |
| Text proposed by the Commission | Amendment |
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| 2. The provisioning rate for the budgetary guarantee and financial assistance referred to in paragraph 1 shall range between 9 % and 50 % depending on the type of operations. The provisioning rate shall be 9% for the financial assistance and for budgetary guarantee covering sovereign risks associated with lending operations. | deleted |
| Text proposed by the Commission | Amendment |
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| 2. The provisioning rate for the budgetary guarantee and financial assistance referred to in paragraph 1 shall range between 9 % and 50 % depending on the type of operations. The provisioning rate shall be 9% for the financial assistance and for budgetary guarantee covering sovereign risks associated with lending operations. | 2. The provisioning rate for the budgetary guarantee and financial assistance referred to in paragraph 1 shall range between 9 % and 50 % depending on the type of operations. The provisioning rate shall be 9% for the financial assistance and for budgetary guarantee covering sovereign risks associated with lending operations. |
| The Commission shall ensure that the provisioning level remains proportionate to the financial risks incurred and shall report annually to the European Parliament and to the Council on the adequacy of the provisioning rate in light of portfolio performance, risk exposure and default levels in accordance with Article 215 of the Financial Regulation. |
| Text proposed by the Commission | Amendment |
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| 2. The provisioning rate for the budgetary guarantee and financial assistance referred to in paragraph 1 shall range between 9 % and 50 % depending on the type of operations. The provisioning rate shall be 9% for the financial assistance and for budgetary guarantee covering sovereign risks associated with lending operations. | 2. The provisioning rate for the budgetary guarantee and financial assistance referred to in paragraph 1 shall range between 9 % and 50 % depending on the type of operations. The provisioning rate shall be 9% for the financial assistance and for budgetary guarantee covering sovereign risks associated with lending operations. All disbursements shall be subject to ex-post evaluation and reporting to ensure transparency, risk control, and accountability. |
| Text proposed by the Commission | Amendment |
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| 3. The Union support to Ukraine in the form of budgetary guarantee and financial assistance shall not count toward the maximum amount referred to in paragraph 1 of this Article. | deleted |
| The Union may provide support to Ukraine in the form of a budgetary guarantee up to EUR 48 000 000 000 in current prices. The provisioning rate for the budgetary guarantee to guarantee operations supporting Ukraine shall initially be set at 70 %. | |
| No provisioning shall be constituted and, by way of derogation from Article 214(1) of Regulation (EU, Euratom) 2024/2509, no provisioning rate shall be set for the loans to Ukraine. |
Dan Barna, Engin Eroglu, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann
| Text proposed by the Commission | Amendment |
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| Any materialisation of contingent liabilities or losses arising from the Union support to Ukraine in the form of a budgetary guarantee or financial assistance backed by the headroom shall be covered by resources mobilised over and above the multiannual financial framework ceilings, ensuring no reallocation of funds from the geographic and global pillars referred to in Article 3(1). |
| Text proposed by the Commission | Amendment |
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| No provisioning shall be constituted and, by way of derogation from Article 214(1) of Regulation (EU, Euratom) 2024/2509, no provisioning rate shall be set for the loans to Ukraine. | Where necessary and in accordance with the principle of prudence, the Commission may establish complementary provisioning or other risk-mitigation safeguards to ensure adequate coverage against potential unexpected defaults on loans granted to Ukraine. |
| Text proposed by the Commission | Amendment |
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| 5. The Commission is empowered to adopt delegated acts in accordance with Article 30 to amend paragraphs 2 and 3 of this Article in order to adjust the provisioning rates therein, and to increase the maximum amounts referred to in paragraphs 1 and 3 of this Article by up to 20% and 30% of those amounts respectively. | deleted |
| Text proposed by the Commission | Amendment |
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| 5. The Commission is empowered to adopt delegated acts in accordance with Article 30 to amend paragraphs 2 and 3 of this Article in order to adjust the provisioning rates therein, and to increase the maximum amounts referred to in paragraphs 1 and 3 of this Article by up to 20% and 30% of those amounts respectively. | 5. The Commission is empowered to adopt delegated acts in accordance with Article 30 to amend paragraphs 2 and 3 of this Article in order to adjust the provisioning rates therein. Any increase in the maximum amounts referred to in paragraphs 1 and 3 of this Article shall be subject to the ordinary legislative procedure and require the express approval of the Council and the European Parliament. |
| Text proposed by the Commission | Amendment |
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| 9. The amounts referred to in Article 6(1), point (a) to (e) shall be used for the provisioning of the budgetary guarantee and financial assistance referred to in paragraph 1 of this Article. The provisioning of the Union support to Ukraine in the form of budgetary guarantee referred to in paragraph 3 shall be financed by the financial resources made available in accordance with Article 6 of Regulation Council Regulation [(EU, Euratom) 20XX/XXX * [MFF Regulation] referred to in Article 6(2), including where the budgetary guarantee is provided for activities under Regulation (Euratom) [XXX] (INSC-D). | 9. The amounts referred to in Article 6(1), point (a) to (e) shall be used for the provisioning of the budgetary guarantee and financial assistance referred to in paragraph 1 of this Article. |
| Text proposed by the Commission | Amendment |
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| 1. The budgetary guarantee shall be used to guarantee counterparts’ sovereign, sub-sovereign and private operations. | 1. The budgetary guarantee shall be used to guarantee counterparts’ sovereign, sub-sovereign and private operations. |
| A minimum amount of EUR 21bn of the budgetary guarantee referred to in Article 24(1) and a minimum amount of EUR 15bn of the budgetary guarantee referred to in Article 24(3) shall be allocated to the EIB; | |
| The EIB shall have exclusivity for sovereign and non-commercial sub-sovereign operations. Where the EIB cannot carry out, or decides not to carry out, such operations, they may be opened to other eligible counterparts owned by EU Member States or to international financial institutions in which EU Member States hold shares, under conditions laid down in the relevant agreements and taking into account the conditions offered to the EIB and the specific needs, circumstances and nature of the eligible counterpart. Priority shall be given to institutions owned by Member States; | |
| An indicative amount of EUR 6bn of the budget shall be allocated to the EIB for blending operations, advisory services and technical assistance. |
| Text proposed by the Commission | Amendment |
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| 1. The budgetary guarantee shall be used to guarantee counterparts’ sovereign, sub-sovereign and private operations. | 1. The budgetary guarantee shall be used to guarantee counterparts’ sovereign, sub-sovereign and private operations. An indicative amount of EUR XX of the budgetary guarantee referred to in Article 24(1) shall be allocated to the EIB. |
| Text proposed by the Commission | Amendment |
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| 1. The budgetary guarantee shall be used to guarantee counterparts’ sovereign, sub-sovereign and private operations. | 1. The budgetary guarantee shall be used to guarantee counterparts’ sovereign, sub-sovereign and private operations. Prevalence shall be given to civil society organisations as implementing partners. |
| Text proposed by the Commission | Amendment |
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| 2. Where partner countries contribute to financial instruments or the budgetary guarantee, eligible implementing entities or counterparts from the countries concerned may also be eligible implementing entities or counterparts. By way of derogation from Article 211(5), third subparagraph of Regulation (EU, Euratom) 2024/2509, eligible implementing entities or counterparts from partner countries benefitting from the budgetary guarantee or financial instruments may also be eligible. | 2. Where partner countries contribute to financial instruments or the budgetary guarantee, eligible implementing entities or counterparts from the countries concerned may also be eligible implementing entities or counterparts. By way of derogation from Article 211(5), third subparagraph of Regulation (EU, Euratom) 2024/2509, eligible implementing entities or counterparts from partner countries benefitting from the budgetary guarantee or financial instruments may also be eligible. Eligibility shall be based on clear, proportionate, and transparent criteria, including financial capacity, integrity, and compliance with reporting obligations. |
| Text proposed by the Commission | Amendment |
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| 3. By way of derogation from Article 62(1), first subparagraph, point (c), and Article 211(5) of Regulation (EU, Euratom) 2024/2509, where financial instruments or the budgetary guarantee are implemented in indirect management, bodies which provide adequate assurance of their financial capacity and governed by private law of a Member State, a partner country benefitting from the financial instruments or the budgetary guarantee, or a partner country which has contributed to the financial instruments or the budgetary guarantee shall be eligible. | 3. By way of derogation from Article 62(1), first subparagraph, point (c), and Article 211(5) of Regulation (EU, Euratom) 2024/2509, and in exceptional cases only where financial instruments or the budgetary guarantee are implemented in indirect management, bodies which provide adequate assurance of their financial capacity and governed by private law of a Member State, a partner country benefitting from the financial instruments or the budgetary guarantee, or a partner country which has contributed to the financial instruments or the budgetary guarantee shall be eligible where strictly necessary and duly justified. |
| Text proposed by the Commission | Amendment |
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| 3 a. The eligibility of bodies governed by private law pursuant to paragraph 3 shall be assessed primarily on the basis of adequate assurance of financial capacity, while ensuring that eligibility conditions and preference criteria in the selection of implementing entities remain limited to those set out in applicable Union law. The Commission shall take measures to ensure that private sector entities, including European small and medium-sized enterprises, are actively informed of opportunities to participate as implementing entities under this Regulation. |
The Instrument's budgetary guarantee and financial instruments increasingly rely on private sector implementing entities to deliver investment in partner countries. However, the current eligibility framework lacks clarity on the criteria governing access by private law bodies, creating legal uncertainty and inconsistent application across geographic pillars. This amendment establishes financial capacity as the primary assessment criterion, preventing the introduction of additional barriers beyond those set out in Union law that could discourage private sector participation.
| Text proposed by the Commission | Amendment |
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| 3 b. Eligible implementing entities and counterparts shall ensure that financing and investment operations supported by the budgetary guarantee or financial instruments under this Instrument do not involve high-risk suppliers where the involvement of such suppliers would pose risks to the security of the Union or its Member States. The Commission shall include this requirement in the guarantee agreements and investment guidelines concluded with implementing entities and counterparts. |
Article 20(10) restricts high-risk suppliers from direct EU procurement, grants and prizes, but a substantial share of Global Europe funding flows through budgetary guarantees and financial instruments implemented by the EIB, EBRD and other counterparts, whose contractor and supplier selection falls outside EU procurement rules. This creates a gap allowing high-risk suppliers, including those posing risks to the security of the Union or its Member States, to benefit from EU-backed financing without screening. This amendment closes that gap by requiring implementing entities to ensure their operations do not involve such suppliers.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall ensure the effective, efficient and fair use of available resources among eligible implementing entities and counterparts, including small and medium-sized counterparts, while promoting cooperation between them and taking due account of their capacities, added value and experience. | 4. In accordance with Article 23(7), in indirect management, the Commission shall give priority to Member State implementing entities; the Commission shall ensure the effective, efficient and fair use of available resources among eligible implementing entities and counterparts, including small and medium-sized counterparts, while promoting cooperation between them and taking due account of their capacities, added value and experience. The Commission shall ensure equivalent conditions are offered to the different implementing entities and partners for the same type of operations, taking into account the specific needs, circumstances and nature of the eligible counterpart implementing those operations. |
Malik Azmani, Engin Eroglu, Dan Barna, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall ensure the effective, efficient and fair use of available resources among eligible implementing entities and counterparts, including small and medium-sized counterparts, while promoting cooperation between them and taking due account of their capacities, added value and experience. | 4. The Commission shall ensure and foster the effective, efficient and fair use of available resources among eligible implementing entities and counterparts, including small and medium-sized counterparts, through open and transparent processes, while promoting cooperation between them and taking due account of their capacities, added value and experience. |
| Text proposed by the Commission | Amendment |
|---|---|
| A Global Europe Investment Board (the ‘Investment Board’) shall provide strategic and operational guidance to the Commission in the implementation of the budgetary guarantee referred to in Article 24 and blending. The Investment Board shall adopt its rules of procedure. The Investment Board shall meet at least once a year and, when possible, adopt opinions by consensus. | A Global Europe Investment Board (the ‘Investment Board’) shall provide strategic and operational guidance to the Commission in the implementation of the budgetary guarantee referred to in Article 24 and blending and contribute to their alignment with the guiding principles and objectives of the Union’s external action and development policy. The Investment Board shall adopt its rules of procedure. The Investment Board shall meet at least once a year and, when possible, adopt opinions by consensus. The minutes and agendas of the meetings of the Global Europe Investment Board shall, following their adoption, be made public. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Investment Board shall regularly consult stakeholders on the strategy and implementation of the budgetary guarantee and financial instruments. The Commission shall report annually on progress, and risk management shall align with the Instrument’s objectives using consistent risk assessment and remuneration methods for all investments. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States and of the EIB. The European Parliament shall have observer status. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States and of the EIB. The European Parliament shall have observer status. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. | The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States and of the EIB. The European Parliament shall have the right to designate two Members as full members of the Investment Board. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. Minutes of meetings of the Investment Board, together with opinions adopted, shall be transmitted to the European Parliament and the Council without delay. |
The Investment Board shapes the deployment of the budgetary guarantee under this Regulation. Limiting the European Parliament to observer status is inconsistent with the comparable arrangements under Regulation (EU) 2015/1017 establishing the European Fund for Strategic Investments, where the European Parliament holds a seat on the Steering Board, and under the European Fund for Sustainable Development plus (EFSD+) Strategic Board. Upgrading the European Parliament from observer to two full members brings governance into line with those precedents and improves accountability over a large guarantee envelope.
| Text proposed by the Commission | Amendment |
|---|---|
| The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States and of the EIB. The European Parliament shall have observer status. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. | The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States, of the European Parliament, and of the EIB. Member state implementing agencies, contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States and of the EIB. The European Parliament shall have observer status. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. | The Investment Board shall be composed of representatives of the Commission and of the High Representative, of all Member States, of the European Parliament and of the EIB. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations and other stakeholders may be given observer status, where appropriate. The Investment Board shall be co-chaired by the Commission and the High Representative. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. An amount of budgetary guarantee referred to in Article [*] shall be allocated to the EIB for operations with sovereign, sub-sovereign and non-sovereign counterparts (private sector), as well as operations promoting foreign direct investment, trade and promoting the mutual benefits for EU and partner countries’ economies, including through inward foreign direct investments, as well as other Union thematic priorities in support of the objectives of the Instrument and in line with the sustainable development goals, including with, but not limited to, European public and private sector entities, including Export Credit Agencies. The indicative amount of signatures in Global Europe regions excluding Ukraine covered by EU budgetary guarantee pursuant to the Article 24(1) () shall be for EUR 38 000 000 000. These may be structured in separate dedicated investment windows to accommodate for different risk and EU guarantee characteristics. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 b. The EIB shall have the exclusivity for operations with sovereign counterparts, and the EU guarantee shall cover [60%] of the aggregate amount disbursed and guaranteed under EIB financing operations, less amounts reimbursed, plus all related amounts. If the EIB cannot carry out or decides not to carry out operations with sovereign or non-commercial sub-sovereign counterparts, the implementation of these operations shall be open to other eligible counterparts owned by EU Member States or International Financial Institutions where EU Member States have a share, in accordance with conditions which shall be laid down in the relevant agreements, which shall take into account the conditions offered to the EIB for the same type of operations and the specific needs, circumstances and nature of the eligible counterpart implementing these operations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 c. A dedicated blending and technical assistance envelope should be allocated to the EIB for its activities in Global Europe regions excluding Ukraine, for the indicative amount of EUR 4 000 000 000 out of the financial envelope referred to in the Article 6(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 d. The indicative amount of signatures in Ukraine covered by the EU budgetary guarantee pursuant to the Article 24(3) shall be for EUR 12 000 000 000. A dedicated blending and technical assistance envelope should be allocated to the EIB for its activities in Ukraine, for the indicative amount of EUR 2 000 000 000 out of the financial envelope referred to in the [Article 6(2) / Article 6 of Regulation Council Regulation [(EU, Euratom) 20XX/XXX * [MFF Regulation]]. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 e. Taking into account the amount of budgetary guarantee, blending and technical assistance resources available and the implementation of non-EIB operations, the amount allocated to the EIB pursuant to the paragraphs [*] of this Article may be increased or decreased by up to [xx]% if the rate of approvals achieved by the EIB for operations under the budgetary guarantee by 31 December 2031 is above [xx]% or below [xx]%, respectively. Such a revision should also potentially entail guarantee level recalibration to ensure that EIB residual risk remains within acceptable parameters. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 f. In accordance with Article 212(2), point (f), of the Financial Regulation, due to the nature and policy objective of the EIB operations with sovereign counterparts and non-commercial sub-sovereign counterparts, the relevant guarantee agreement may provide that the Union shall not be remunerated for the guarantee on those operations. All further modalities applicable to the EIB [including in respect of guarantee level and cost coverage] shall be established in the framework agreement to be entered into between the Commission and EIB, together with enhanced reliance on EIB's rules, policies and procedures reflecting its unique governance and role as an EU Treaty body. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| Article25a | |
| Global Europe Investment Board | |
| 1. A Global Europe Investment Board (the ‘Investment Board’) shall be established, which shall also function as the Global Gateway Board. | |
| 2. The general task of the Investment Board shall be to provide strategic and operational guidance to the Commission for the implementation of this Regulation, of the Global Gateway strategy and of Team Europe Initiatives. The Investment Board shall in particular assist the Commission in:(a) implementing the budgetary guarantees referred to in Article 24 and blending operations;(b) defining and selecting projects under the Global Gateway strategy as well as proposing flagship projects of particular strategic importance. | |
| 3. The Investment Board shall be composed of representatives of the Commission and of the High Representative, of representatives from all Member States and of the EIB and of representatives of the European Parliament. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations, export credit agencies and other stakeholders may be given observer status, where appropriate, and may be invited to meetings of the Investment Board. The Investment Board shall be co-chaired by the Commission and the High Representative. The secretariat of the Investment Board shall be ensured by the Commission. | |
| 4. The Investment Board shall adopt its rules of procedure on the basis of a proposal submitted by the Commission. Those rules of procedure shall ensure that the Investment Board adopts its recommendations and opinion by consensus, where possible. | |
| The Investment Board shall meet at least four times per year. The Commission shall ensure inclusiveness and provide all members of the Investment Board with equal access to information. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25a | |
| Mutualisation of losses | |
| The budgetary guarantee referred to in Article 24 (1), the budgetary guarantee within the framework of EFSD+ inside the External Action Guarantee established by Regulation (EU) 2021/947 and the EFSD Guarantee established by Regulation (EU) No. 2017/1601 and the External Lending Mandates to the EIB whose provisioning was governed by Regulation (EC, Euratom) No 480/2009, except the loans referred to in paragraph 3, shall mutualise their provisions in the common provisioning fund. The Ukraine Guarantee established by Regulation (EU) No. 2024/792, the loan amounts disbursed after 15 July 2022 under European Investment Bank financing operations in Ukraine signed by the European Investment Bank before 31 December 2021, and guaranteed by the EU in accordance with Decision No 466/2014/EU, and the budgetary guarantee referred to in Article 24 (3) shall mutualise their provisions in the common provisioning fund and apply the provisioning rate referred to in Article 24 (3). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article25a | |
| Article 28b - Democratic control and oversight | |
| For the preparation of the Global Europe Dialogue in paragraph 2, as well as other identified topics of political priority, the institutions and their respective administrations shall cooperate at all levels. The Commission shall provide written information upon the request of the European Parliament and its bodies and make every effort to deliver input of high quality and meaningful detail, including on the amount of financial mobilisation, the expected policy impact, and the main human rights and human development considerations underlying the implementation of the Instrument, as well as information on the use of service providers, including non-European providers financed by the Union. Such information shall be provided in a timely manner and shall accompany the relevant agenda points, so as to enable a substantive, evidence-based political and strategic discussion. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 25a | |
| Global Europe Investment Board | |
| 3. The Investment Board shall be composed of representatives of the Commission and of the High Representative, of representatives from all Member States and of the EIB and of representatives of the European Parliament. Contributors, eligible implementing entities and counterparts, partner countries, relevant regional organisations, local authorities’ representatives and other stakeholders may be given observer status, where appropriate, and may be invited to meetings of the Investment Board. The Investment Board shall be co-chaired by the Commission and the High Representative. The secretariat of the Investment Board shall be ensured by the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article25b | |
| Article 28d – Evaluation and impact assessment | |
| 1. The Commission shall, on a regular basis, and at least at mid-term, evaluate the impact and effectiveness of the programming and implementation of the Instrument, including the achievement of its objectives, where appropriate by means of independent external evaluations. The European Parliament and the Council shall be able to request independent external evaluations on specific matters related to the implementation of this Regulation. The evaluations shall include ex ante and ex post assessments of the mobilisation of financial resources, the impact on human development, human rights and gender equality, and the extent to which the Instrument has delivered its intended results. | |
| 2. The Commission shall communicate the findings and conclusions of the evaluations, accompanied by its observations and follow-up, to the European Parliament and to the Council. Evaluations shall be made publicly available and shall be discussed at the request of the European Parliament pursuant to Article 28b. The Commission shall also present, in writing, the measures taken in response to the findings and conclusions of the evaluations, including any adjustments to programming, implementation or policy priorities, and shall explain where recommendations have not been followed. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article25c | |
| Article 28d – Evaluation and impact assessment | |
| 7. For the evaluation and impact assessment process, the Commission shall strengthen its cooperation with relevant stakeholders, including beneficiaries, international organisations, women rights organizations, civil society actors, notably academia in Member States and third countries, as well as local authorities. It shall seek to undertake joint evaluations with Member States and partner countries and shall seek to reinforce stakeholders’ capacities in data collection and rigorous impact assessments. The Commission shall also ensure the meaningful involvement of local evaluators and experts from partner countries, in particular as regards contextual knowledge, ownership, the design of projects, terms of reference, indicators and the quality and relevance of the data collected, in order to ensure that evaluations are meaningful, context-sensitive and evidence-based. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In addition to the elements laid down in Article 223(4) of Regulation (EU, Euratom) 2024/2509, loan agreements for policy-based loans shall lay down the maximum loan amount, the availability period, the maximum duration of each disbursement of the loan and the detailed terms and conditions of the support. Such agreements may also contain an amount of pre-financing and rules on clearing of pre-financing. | 2. In addition to the elements laid down in Article 223(4) of Regulation (EU, Euratom) 2024/2509, loan agreements for policy-based loans shall lay down the maximum loan amount, the availability period, the maximum duration of each disbursement of the loan and the detailed terms and conditions of the support. Such agreements may also contain an amount of pre-financing and rules on clearing of pre-financing. Such agreements shall be subject to the prior approval of the European Parliament, in particular as regards the Europe pillar of the Instrument. They shall also lay down detailed provisions on pre-financing, conditions for disbursement, financial reporting, monitoring, and ex-post evaluation obligations to avoid misuse of Union resources. |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Policy-based loans shall be subject to an assessment of debt sustainability and of the social, human rights and distributional impacts of the policy conditions attached to the loan. The loan terms and policy conditions shall be transparent and made public in a timely manner, except where duly justified confidentiality requirements apply. |
| Text proposed by the Commission | Amendment |
|---|---|
| The amounts referred to in Article 6(1), points (a) to (e), may be used to contribute to the capital endowment of European and other development finance institutions. | The amounts referred to in Article 6(1), points (a) to (e), may be used to contribute to the capital endowment of European development finance institutions. Non-European development finance institutions may be considered only in exceptional cases, justified by their unique and exclusive expertise, field presence or mandate. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The Global Gateway Initiative | |
| 1. In order to benefit from funding under this Regulation and with the purpose of strengthening global connectivity by fostering domains such as robust partnerships in digitalisation, climate and energy, transport, health, education and research, while promoting democratic values, and high social, environmental as well as governance standards, the Global Gateway Initiative shall be implemented in line with the objectives and principles set out in this Regulation. | |
| 2. The Global Gateway Initiative shall remain anchored in the primary objective of EU development cooperation, namely the reduction and long-term eradication of poverty, and shall also demonstrably contribute to progress towards the Sustainable Development Goals, in particular in fragile contexts. The Global Gateway Initiative shall actively contribute to European economic resilience and competitiveness, applying principles of tied aid where appropriate to directly benefit European industries and reduce strategic dependencies. The Global Gateway Initiative shall support an enabling environment for investments that uphold democracy, the rule of law and human rights by dedicating adequate funding in line with the 360-degree approach on topics of democratic resilience, transparency and accountability. | |
| 3. Partnerships and investments shall have at their core the European dimension as well as partner country ownership and priorities, through the involvement of European, partner countries' and trusted partners' private sectors. The Global Gateway Initiative shall mobilise funding from Union institutions, Member States, and financial institutions, aiming at leveraging private sector investment. | |
| 4. In order to benefit from funding under this Regulation, the process for selecting a Global Gateway project by the Investment Board shall be based on eligibility and assessment as laid down in this Regulation. Proposals shall be screened by the Investment Hub at the Commission. The advice of the Business Advisory Group and the Civil Society and Local Authorities Advisory Platform shall be taken into account. | |
| 5. The Commission shall demonstrate progress achieved and alignment with the objectives of this Regulation through an annual report, which shall be discussed at Investment Board meetings, as part of its evaluation and monitoring work. | |
| 6. A dedicated exchange of views shall be held on Global Gateway project implementation at the request of the competent committees of the European Parliament. | |
| 7. The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement or amend paragraphs 4, 5 and 6 of this Article in order to improve the governance of Global Gateway, where appropriate. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Nathalie Loiseau, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| 1 b. Democratic control and oversight | |
| 1. The European Parliament and the Council shall be able to provide and exercise political control and exercise oversight, and the Council shall be able to exercise its coordinating function over the implementation of this Regulation. | |
| 2. A Global Europe Dialogue in the European Parliament shall be convened at least twice a year with all relevant Commissioners and the Vice-President / High Representative, to review the state of progress in the implementation of the Instrument, and inter alia to inform the European Parliament of the amounts allocated to the common specific objectives encompassing human rights and democracy, civil society organisations, peace, stability and conflict prevention. Upon the request of the European Parliament, individual Global Europe Dialogues may be convened on an ad hoc basis with individual Commissioners in line with geographic or thematic priorities. | |
| 3. The Commission shall take into account the recommendations from the European Parliament including where possible the review of and shifts in policy priorities, especially to react to immediate threats to peace, democracy, rule of law, human rights and fundamental freedoms inter alia as stipulated under Article 21. The Commission shall report in the following year how it has taken the recommendations from previous years into account. | |
| 4. For the preparation of the Global Europe Dialogue in paragraph 2, as well as other identified topics of political priority, the institutions and their respective administrations shall cooperate at all levels. The Commission shall provide written information upon the request of the European Parliament and its bodies and make every effort to deliver input of high quality and meaningful detail. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Charles Goerens, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| 1 c. Monitoring and reporting | |
| The Commission shall monitor continuously the management and implementation of this Regulation. In order to enhance transparency, data shall also be made publicly available in an accessible manner on the Commission's website and updated regularly. The Commission shall in particular track the funding allocated to the common specific objectives referred to in Article 4(2), points (a), (b) and (c) and inform the European Parliament and the Council of the amounts allocated to them. For that purpose, the existing performance indicators established in the Financial Regulation and the Performance Regulation shall be applied. |
Dan Barna, Engin Eroglu, Malik Azmani, Helmut Brandstätter, Marjan Šarec, Hilde Vautmans, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius
| Text proposed by the Commission | Amendment |
|---|---|
| 1 d. Evaluation and impact assessment | |
| 1. The Commission shall, on a regular basis, and at least at mid-term, evaluate the impact and effectiveness of the programming and implementation of the Instrument, including the achievement of its objectives, only where strictly necessary by means of independent external evaluations. The European Parliament and the Council shall be able to request independent external evaluations on specific matters related to the implementation of this Regulation. | |
| 2. The Commission shall communicate the findings and conclusions of the evaluations, accompanied by its observations and follow-up, to the European Parliament and to the Council. Evaluations shall be made publicly available and shall be discussed at the request of the European Parliament pursuant to Article 28b. | |
| 3. The Commission shall conduct an impact assessment of 10 % of actions funded by the Instrument, selected on a risk-based approach, prioritising actions with the highest financial volume and strategic importance. Upon the request of the European Parliament or the Council, the Commission shall conduct an impact assessment of specific actions specified in that request. | |
| 4. The evaluation of actions and measures shall be based on effective indicators and shall seek to assess the impact in particular on decent job creation, including for young people, poverty eradication and inequality reduction. All indicators referring to individuals shall be disaggregated, whenever possible, by sex and age, only where such data is readily available without imposing undue administrative burden on implementing partners. | |
| 5. The evaluations conducted pursuant to this Article shall be accompanied, if appropriate, by legislative proposals setting out the necessary amendments to this Regulation. | |
| 6. For the evaluation and impact assessment process, the Commission shall strengthen its cooperation with relevant stakeholders, including beneficiaries, international organisations, civil society actors, notably academia in Member States and third countries, as well as local authorities. It shall seek to undertake joint evaluations with Member States and partner countries and shall seek to reinforce stakeholders’ capacities in data collection and rigorous impact assessments. | |
| 7. In accordance with Regulation (EU, Euratom) 2024/2509, by 31 December 2030 and every three years thereafter, the Commission shall evaluate, on the basis of an independent external evaluation, the use and functioning of blending instruments and budgetary guarantees as well as policy-based loans under this Regulation, in particular their contribution to the objectives, the achieved results and additionality. The Commission shall submit that evaluation report to the European Parliament and to the Council. That evaluation report shall be accompanied by an opinion of the Court of Auditors. The evaluation report and the opinion of the Court of Auditors shall be made publicly available. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The pillars referred to in Article 3(1), points (a) and (b) may contribute to cross-border cooperation programmes referred to in paragraph 1 of this Article co-financed by the Regulation (EU, Euratom) [XXX] of the European Parliament and Council [National and Regional Partnerships Regulation]. Up to 3% of the financial envelope for the pillars referred to in Article 3(1), point (a) may be indicatively allocated to support those programmes. | deleted |
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The pillars referred to in Article 3(1), points (a) and (b) may contribute to cross-border cooperation programmes referred to in paragraph 1 of this Article co-financed by the Regulation (EU, Euratom) [XXX] of the European Parliament and Council [National and Regional Partnerships Regulation]. Up to 3% of the financial envelope for the pillars referred to in Article 3(1), point (a) may be indicatively allocated to support those programmes. | 2. The pillars referred to in Article 3(1), points (a) and (b) may contribute to cross-border cooperation programmes referred to in paragraph 1 of this Article co-financed by the Regulation (EU, Euratom) [XXX] of the European Parliament and Council [National and Regional Partnerships Regulation]. 3% of the financial envelope for the pillars referred to in Article 3(1), point (a) may be allocated to support those programmes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Contributions to cross-border cooperation programmes shall be determined and used pursuant to Article XX of the Regulation (EU, Euratom) [XXX] [National and Regional Partnerships]. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The Commission will provide all information to the Parliament regarding funds spent, projects funded, impact and added value of projects undertaken, exact final beneficiaries, as well as other information requested by the Parliament in order for the Parliament to fulfil its role as the discharge authority |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Dedicated funding lines will be set up under the Global Gateway for civil society and local organisations to perform social, economic and environmental interventions as part of infrastructure projects. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. The Investment Board shall ensure the effective and structured involvement of the Global Gateway civil society and local authorities advisory platform. Local stakeholders, including civil society organisations, shall play a key role in fostering inclusive dialogue among all actors involved in the Global Gateway. They shall also act as implementing partners for human development action, integrating infrastructure investments and delivering a person-centred approach to development. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. The external audit of the activities undertaken in accordance with this Regulation are carried out by the European Court of Auditors in accordance with Article 287 of the Treaty on the Functioning of the European Union, as reflected further in Regulation (EU, Euratom) 2024/2509. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3c. Given its potential impact on developing countries, the Global Gateway initiative shall be fully in line with and subject to the principle of policy coherence for development, pursuant to Article 208(1) TFEU. This is crucial for the sake of a coherent, integrated and sustainable approach to geoeconomic development. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 28a | |
| Article 28a – The Global Gateway Initiative | |
| 1. In order to benefit from funding under this Regulation and with the purpose of strengthening global connectivity by fostering domains such as robust partnerships in digitalisation, climate and energy, transport, health, education and research, while promoting democratic values, and high social, environmental as well as governance standards, the Global Gateway Initiative shall be implemented in line with the objectives and principles set out in this Regulation. | |
| 2. The Global Gateway Initiative shall complement EU development cooperation, namely the reduction and long-term eradication of poverty, and shall also demonstrably contribute to progress towards the Sustainable Development Goals. The Initiative shall be driven by efforts to foster job creation, facilitate investments in small and medium-sized enterprises, strengthen local industries and improve access to education and vocational training. Equally crucial will be measures aimed at encouraging private sector development, fostering innovation and supporting infrastructure projects. The Global Gateway Initiative shall support an enabling environment for investments that uphold democracy, the rule of law and human rights by dedicating adequate funding in line with the 360-degree approach on topics of democratic resilience, transparency and accountability. The Commission shall sharpen the Global Gateway Initiative`s strategic edge and reap the Initiative`s full potential as a key instrument to further cement the EU`s geopolitical reach and visibility across the Globe. In this sense, the various projects under the initiative shall sustain common efforts to countervail – where necessary – attempts by other global actors pursuing policies detrimental to core EU interests, to unduly widen their sphere of influence, while actively undermining EU initiatives. The Commission shall reinforce financial due-diligence and procurement safeguards under the Global Gateway Imitative to prevent EU-funded infrastructure projects from creating or deepening strategic dependencies on actors promoting an agenda in direct contrast to the EU`s values and interests. Transparent procurement, risk mitigation and consistent application of EU standards shall be prioritized in the implementation of the aforementioned projects. | |
| 3. Partnerships and investments shall have at their core the European dimension as well as partner country ownership and priorities, through the involvement of European, partner countries' and trusted partners' private sectors. The Global Gateway Initiative shall mobilise funding from Union institutions, Member States, and financial institutions, aiming at leveraging private sector investment. | |
| 4. In order to benefit from funding under this Regulation, the process for selecting a Global Gateway project by the Investment Board shall be based on eligibility and assessment as laid down in this Regulation. Proposals shall be screened by the Investment Hub at the Commission. The advice of the Business Advisory Group and the Civil Society and Local Authorities Advisory Platform shall be taken into account. | |
| 5. The Commission shall demonstrate progress achieved and alignment with the objectives of this Regulation through an annual report, which shall be discussed at Investment Board meetings, as part of its evaluation and monitoring work. | |
| 6. A dedicated exchange of views shall be held on Global Gateway project implementation at the request of the competent committees of the European Parliament. | |
| 7. The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement or amend paragraphs 4, 5 and 6 of this Article in order to improve the governance of Global Gateway, where appropriate. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article28a | |
| Article 28 a - The Global Gateway Initiative | |
| 1. In order to benefit from funding under this Regulation and with the purpose of strengthening global connectivity by fostering domains such as robust partnerships in digitalisation, climate and energy, transport, health, education and research, while promoting democratic values, and high social, environmental as well as governance standards, the Global Gateway Initiative shall be implemented in line with the objectives and principles set out in this Regulation. Global Gateway actions shall be designed and implemented to ensure a clear and demonstrable link between Union external investment and tangible human development outcomes in partner countries. | |
| 2. The Global Gateway Initiative shall remain anchored in the primary objective of EU development cooperation, namely the reduction and long-term eradication of poverty, and shall also demonstrably contribute to progress towards the Sustainable Development Goals. The Global Gateway Initiative shall support an enabling environment for investments that uphold democracy, the rule of law and human rights by dedicating adequate funding in line with the 360-degree approach on topics of democratic resilience, transparency and accountability. | |
| 3. Partnerships and investments shall have at their core the European dimension as well as partner country ownership and priorities, through the involvement of European, partner countries' and trusted partners' private sectors. The Global Gateway Initiative shall mobilise funding from Union institutions, Member States, and financial institutions, aiming at leveraging private sector investment. 4. In order to benefit from funding under this Regulation, the process for selecting a Global Gateway project by the Investment Board shall be based on eligibility and assessment as laid down in this Regulation. Proposals shall be screened by the Investment Hub at the Commission. The advice of the Business Advisory Group and the Civil Society and Local Authorities Advisory Platform shall be taken into account. | |
| 5. The Commission shall demonstrate progress achieved and alignment with the objectives of this Regulation through an annual report, which shall be discussed at Investment Board meetings, as part of its evaluation and monitoring work. | |
| 6. A dedicated exchange of views shall be held on Global Gateway project implementation at the request of the competent committees of the European Parliament. | |
| 7. The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement or amend paragraphs 4, 5 and 6 of this Article in order to improve the governance of Global Gateway, where appropriate. |
Malik Azmani, Engin Eroglu, Dan Barna, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| Article28a | |
| Evaluation and Impact assessment | |
| 1. The Commission shall, on a regular basis, and at least at mid-term, evaluate the impact and effectiveness of the programming and implementation of the Instrument, including the achievement of its objectives, where appropriate by means of independent external evaluations. The European Parliament and the Council shall be able to request independent external evaluations on specific matters related to the implementation of this Regulation. | |
| 2. The Commission shall in this regard report annually to the European Parliament and the Council on how action plans, measures, and financing and investment operations under the Instrument have contributed to the priorities of Regulations (EU) [XXX] [European Competitiveness Fund], (EU) [XXX] [Horizon Europe], and (EU) [XXX] [Connecting Europe Facility], with a breakdown per geographic pillar and per thematic programme. | |
| 3. The Commission shall communicate the findings and conclusions of the evaluations, accompanied by its observations and follow-up, to the European Parliament and to the Council. Evaluations shall be made publicly available and shall be discussed at the request of the European Parliament pursuant to Article 28b. | |
| 4. Evaluations of actions and measures shall be based on effective indicators and shall assess the Union added value in line with Article 2 point (13a). | |
| 5. For the evaluation and impact assessment process, the Commission shall strengthen its cooperation with relevant stakeholders, including beneficiaries, international organisations, civil society actors, notably academia in Member States and third countries, as well as local authorities. It shall seek to undertake joint evaluations with Member States and partner countries and shall seek to reinforce stakeholders' capacities in data collection and rigorous impact assessments. | |
| 6. In accordance with Regulation (EU, Euratom) 2024/2509, by 31 December 2030 and every three years thereafter, the Commission shall evaluate, on the basis of an independent external evaluation, the use and functioning of blending instruments and budgetary guarantees as well as policy-based loans under this Regulation, in particular their contribution to the objectives, the achieved results and additionality. The Commission shall submit that evaluation report to the European Parliament and to the Council. That evaluation report shall be accompanied by an opinion of the Court of Auditors. The evaluation report and the opinion of the Court of Auditors shall be made publicly available. |
This amendment adjusts the Rapporteurs' AM 99 by introducing an annual reporting specifically on the Instrument's contribution to the priorities of the European Competitiveness Fund, Horizon Europe, and the Connecting Europe Facility, with a breakdown per geographic pillar and per thematic program. It also anchors the evaluation of actions and measures in the Union added value as defined in Article 2 point (13a) ensuring that the concept is consistently applied throughout the Instrument.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 28a | |
| Parliamentary scrutiny of the Global Gateway | |
| 1. The Commission shall transmit to the European Parliament and to the Council, by 30 April each year, a strategic report on the implementation of the Global Gateway strategy financed under the Instrument. The report shall cover, as a minimum: | |
| (a) the geographic and sectoral distribution of projects supported; | |
| (b) the share of the contract value executed by Union economic operators, by operators from like-minded partner countries, and by operators from countries not maintaining a level playing field with the Union; | |
| (c) the number of cases in which eligibility restrictions were applied under Article 20(10) and the value of contracts concerned; | |
| (d) the leverage ratio achieved between Union public financing and private and other public co-financing; | |
| (e) the alignment of projects with the Union's economic-security and critical-raw-materials strategies. | |
| 2. Before the conclusion of any Global Gateway project agreement with a value exceeding EUR 250 000 000, the Commission shall transmit to the European Parliament and to the Council a summary impact assessment, including the strategic-return assessment referred to in Article 9(7a) and an assessment of the participation prospects of Union economic operators. | |
| 3. The European Parliament may, at its initiative, invite the Commission and the High Representative for an exchange of views on the strategic report or on a specific Global Gateway project. |
The Global Gateway strategy mobilises substantial Union public financing in pursuit of strategic infrastructure objectives, yet currently provides limited parliamentary visibility at the level of individual projects. Anchoring annual strategic reporting and a EUR 250 million project-level impact-assessment threshold in primary law ensures that the European Parliament can carry out meaningful scrutiny of major Global Gateway operations, including the participation of Union economic operators and the alignment with Union economic-security objectives.
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Andrey Kovatchev, Davor Ivo Stier, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| Article28a | |
| Budgetary control and democratic accountability | |
| 1. The European Parliament shall be able to provide democratic accountability and exercise political and budgetary control. | |
| 2. A Global Europe Dialogue in the European Parliament shall be convened once per year with all relevant Commissioners and the Vice-President / High Representative, to review the state of progress in the implementation of the Instrument, and to inform the European Parliament of the amounts and progress in achieving the common specific objectives on the basis of external evaluations and impact assessments. Upon the request of the European Parliament, individual Global Europe Dialogues may be convened with individual Commissioners in line with geographic or thematic priorities.In the framework of the annual Global Europe Dialogue, the Commission shall report how recommendations from the European Parliament including on the possible review of and shifts in policy priorities. | |
| 3. For the preparation of the Global Europe Dialogue in paragraph 2, as well as other identified topics of political priority, the institutions and their respective administrations shall cooperate at all levels. The Commission shall provide written information upon the request of the European Parliament and its bodies and make every effort to deliver input of high quality and meaningful detail. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 28b | |
| Annual strategic report and accountability | |
| 1. The Commission shall, by 31 March each year, transmit to the European Parliament and the Council a comprehensive annual strategic report on the implementation of the Instrument, covering, as a minimum: | |
| (a) the execution of the financial envelope per pillar and per geographic region; | |
| (b) the application of conditionality assessments and suspensions under Article 21; | |
| (c) the application of Article 9(7a) strategic-return assessments; | |
| (d) the application of beneficial-ownership transparency requirements under Article 20(6d); | |
| (e) the application of eligibility restrictions and the level-playing-field principle under Article 20(7) and Article 20(10); | |
| (f) the application of visibility requirements; | |
| (g) the cases in which exceptional assistance measures, special measures or amendments to multiannual indicative programmes on imperative grounds of urgency were adopted; | |
| (h) the geographic distribution of indirect-management entrustments and direct awards among Member States. | |
| 2. The annual strategic report shall be the subject of an annual debate in the responsible committees of the European Parliament, with the participation of the Commission and the High Representative. | |
| 3. The European Court of Auditors shall, in accordance with Article 287 of the Treaty on the Functioning of the European Union, carry out external audits of activities performed under this Regulation. |
The proposal currently contains no single comprehensive reporting obligation covering the implementation of the Instrument. The European Parliament's scrutiny of a financial envelope of more than EUR 200 billion is consequently fragmented across multiple implementing-act information procedures. A consolidated annual strategic report, an annual parliamentary debate, and a renewed external-audit reference to the European Court of Auditors create a coherent accountability framework for the Instrument as a whole.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 28b | |
| Democratic control and oversight | |
| 2. A Global Europe Dialogue in the European Parliament shall be convened at least twice a year with all relevant Commissioners and the Vice-President / High Representative, to review the state of progress in the implementation of the Instrument, and inter alia to inform the European Parliament of the amounts allocated to the common specific objectives encompassing human rights and democracy, civil society organisations and local authorities, peace, stability and conflict prevention. Upon the request of the European Parliament, individual Global Europe Dialogues may be convened with individual Commissioners in line with geographic or thematic priorities. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| Article28b | |
| Monitoring and reporting | |
| The management, implementation and the progress towards achieving the common specific objectives in Article 4 (2), points (a) to (f) of this Regulation shall be tracked and monitored in accordance with the Performance Regulation. The results shall be published on the Single Gateway in a dedicated section for External Action by using specific performance indicators for measuring development and partnership actions like gender equality marker, ensuring transparency and public accessibility of information on the implementation, impact and contribution of actions financed under the Instrument. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| Article28c | |
| The Global Gateway Initiative | |
| 1. In order to benefit from funding under this Regulation and with the purpose of strengthening global connectivity by fostering robust partnerships and reliable supply chains amongst others in digitization, energy, minerals, food, transport, health and education while promoting democratic values, and high social, environmental as well as governance standards, the Global Gateway Initiative as outlined in the European Parliament’s Initiative Report 2025/2073 shall be implemented in line with the objectives and principles set out in this Regulation. | |
| 2. Partnerships and investments shall have at their core the European dimension as well as partner country ownership and priorities, through the involvement of European, partner countries' and trusted partners' private sectors. The Global Gateway Initiative shall draw funding from Union institutions, Member States and international financial institutions, aiming at de-risking and leveraging private sector investment. | |
| 3. In order to benefit from funding under this Regulation, the process for selecting Global Gateway projects by the Investment Board shall be based on eligibility and assessment as laid down in this Regulation. Proposals shall be screened by the European Commission through the Investment Hub according to transparent criteria. The advice of the Business Advisory Group and the Civil Society and Local Authorities Advisory Platform shall be taken into account. Global Gateway flagship projects will undergo additional political scrutiny. | |
| 4. The Commission shall demonstrate progress achieved and alignment with the objectives of this Regulation through an annual report, which shall be discussed at Investment Board meetings, as part of its evaluation and monitoring work. | |
| 5. A dedicated exchange of views shall be held on Global Gateway project implementation at the request of the competent committees of the European Parliament. | |
| 6. The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement or amend paragraphs 4, 5 and 6 of this Article in order to improve the governance of Global Gateway, where appropriate. |
| Text proposed by the Commission | Amendment |
|---|---|
| III a Chapter IV – | |
| Monitoring, Transparency, Accountability and Evaluation | |
| Article XX - Monitoring and Reporting | |
| 1. The Instrument shall be implemented in accordance with Regulation (EU, Euratom) [XXX] [Performance Regulation], which establishes rules including reporting and monitoring obligations. To ensure continuity with Article 41 of the Neighbourhood Development and International Cooperation Instrument – Global Europe Instrument Regulation and to prevent the loss of relevant information, the Commission shall publish detailed quantitative information, including budgetary commitments, contracted amounts, and payment appropriations, as well as the use of budgetary guarantees and financial instruments, broken down by implementing entity and geographic area, complemented by qualitative information on progress towards the objectives of the Instrument and the outcomes of monitoring and evaluation activities. | |
| 2. The Commission shall create and publish a contact point for impacted people and groups, rightsholders and stakeholders outside the Union affected by the Global Europe instrument, and shall adopt a delegated act on its functioning and response deadlines within three months of this Regulation entering into force. | |
| 3. The Commission shall ensure that any measures or information required under Article 41 Neighbourhood Development and International Cooperation Instrument – Global Europe Instrument Regulation but not included in the Performance Regulation are reported equivalently in the future, either through the proposed Single Gateway portal or as part of annual performance reporting | |
| Article XX- Transparency and accountability | |
| 1. The Commission shall ensure the highest possible degree of transparency and accountability to the European Parliament, the Council and the general public in line with Article 10 TEU and additional Treaty obligations. The European Parliament and the Council shall be provided with an equal level and detail of information and access to institutional meetings. Impact assessments, risk management frameworks and mitigating measures shall be made publicly available. | |
| The Commission shall use dedicated existing channels for the exchange of confidential information in order to adhere to this Article. The Commission shall issue an annual report that includes breakdowns of migration-related spending, including specific actions, equipment delivered and expected development enhancing results, as well as breakdowns of gender-related spending, including the funding volumes and channels reaching Women’s Rights Organisations. Corrective actions shall be taken if funding for Women’s Rights Organisations falls below the benchmarks. | |
| 2. The Commission shall create a public database of all projects funded under the Instrument, including Global Gateway projects, listing beneficiaries, aims and benchmarks for each project, as well as a specification of whether the project is considered ODA-eligible. The database shall encompass a dedicated, user friendly website, and shall include access to specific project details, such as Annual Reports and monitoring and evaluation reports, along with information about implementing partners. | |
| 3. The Commission may, on an exceptional and duly justified basis, deviate from the obligations set out in paragraph 2 where publication of specific information would demonstrably and seriously harm the Union’s strategic interests. Such deviations shall be limited to the strictly necessary information, and the Commission shall publish the maximum degree of information possible without harming these interests, together with a public justification for each deviation. Deviations shall be subject to annual proportionality reviews carried out in consultation with the competent committees of the European Parliament, which shall be granted access to the withheld information under appropriate confidentiality arrangements. | |
| 4. Members of the European Parliament shall be granted access to all reports monitoring the Instrument’s compliance with human rights. The Commission shall facilitate the provision of specific documents upon request by individual Members of the European Parliament within 15 working days of the acknowledgement of the request. Where the Commission is unable to meet this deadline, it shall inform the requesting Member in writing, stating the reasons and indicating a revised deadline which shall not exceed a further 15 working days. | |
| Article XX - Evaluation | |
| 1. The external audit of the activities undertaken in accordance with this Regulation are carried out by the European Court of Auditors in accordance with Article 287 of the Treaty on the Functioning of the European Union, as reflected further in the Financial Regulation (EU, Euratom) 2024/2509. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Given their strategic geographic location, Overseas Countries and Territories (OCTs) require a strengthened and mutually beneficial partnership with the Union, especially whenever they are exposed to growing external influence and interference from third countries such as China or are directly exposed to the spillover effects of the migration crisis from Venezuela, as it is the case for Aruba, Bonaire and Curaçao. In this context, strengthened Union support is necessary to enhance their resilience, border management capacities as well as democratic and socio-economic stability. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 b. The OCTs represent unique and strategic assets that benefit the Union as a whole – including proximity to third countries, exceptional conditions for space and astrophysics research, as well as, for some of them, a geographic positioning offering particularly favourable conditions for access to space, deployment of space infrastructure and support for European capabilities in that domain, abundant renewable energy potential, rich biodiversity, extensive maritime zones, and availability of mineral resources. The OCTs also constitute essential support points for presence, resilience, maritime security, surveillance of exclusive economic zones, protection of critical infrastructure and projection of Union's interests in major geopolitical spaces, particularly in the North Atlantic, the Arctic, the Indian Ocean, Indo-Pacific and the Antarctic. The European Competitiveness Fund should leverage their potential as geostrategic outposts, particularly in support of the Union’s objectives on security, preparedness, regional value chains, and competitiveness. The European Competitiveness Fund should also promote targeted investments in port infrastructure, maritime logistics and intermodal connectivity in the OCTs, recognising their critical role as entry points to global trade routes, hubs for supply chain diversification and enablers of the Union's presence in key maritime basins. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 c. Greenland also has significant unexploited reserves of critical raw materials, including manganese and graphite, and possesses significant potential for renewable and hydroelectric energy. Those reserves, together with those of other OCTs, notably New Caledonia with its significant nickel resources, could enhance the Union’s strategic autonomy and contribute to reducing dependencies on third countries. In addition, Greenland offers unique advantages for the development of the Union's space policy, including space access, ground infrastructure and research capabilities. Its geographic positioning provides strategic opportunities for satellite deployment, tracking and data collection, thereby contributing to the Union's technological sovereignty and autonomy in space. Any excavation of Greenlandic resources needs to be conducted in a sustainable manner and in close cooperation with the Greenlandic people. Greenland is already experiencing the severe impact of climate change, including accelerating ice sheet melt, coastal erosion and changing; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 d. Trilateral consultations between the Commission, the OCTs and the Member States to which they are linked, which shall be held on a regular basis. Those consultations shall be organised at least three times a year on the initiative of the Commission or at the request of OCTs and of the Member States to which they are linked. Member States and the European Parliament shall be informed about the results of the consultations appropriately, covering in particular the programming of funding, the resilience of critical infrastructure, maritime security, the surveillance of exclusive economic zones and the regional integration of OCTs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The power to adopt delegated acts to amend Article 6(5), Article 24(1), (2) and (3) and Annex II shall be conferred on the Commission for the period of validity of this Regulation. | 2. The power to adopt delegated acts to implement provisions laid down in Articles 17 and 19 and to amend Article 24(1), (2) shall be conferred on the Commission for the period of validity of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The power to adopt delegated acts to amend Article 6(5), Article 24(1), (2) and (3) and Annex II shall be conferred on the Commission for the period of validity of this Regulation. | 2. The power to adopt delegated acts to amend Article 24 and Annex II shall be conferred on the Commission for the period of validity of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The power to adopt delegated acts to amend Article 6(5), Article 24(1), (2) and (3) and Annex II shall be conferred on the Commission for the period of validity of this Regulation. | 2. The power to adopt delegated acts to amend Article 24(3) and Annex II shall be conferred on the Commission for the period of validity of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. In addition to Article 15 of the Financial Regulation, commitment appropriations decommitted because an action under the Instrument was not fully or partly implemented shall be made available again to the original budget line. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. | 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and the European Parliament in accordance with the principles laid down in the latest Interinstitutional Agreement on Better Law-Making. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 30a | |
| Mid-term performance review and sunset clause for discretionary powers | |
| 1. By 31 December 2031, the Commission shall present to the European Parliament and to the Council a comprehensive performance review of the Instrument, focusing on: | |
| (a) the use of the emerging challenges and priorities cushion, in particular against the criteria set out in Article 7; | |
| (b) the use of non-programmable actions and the share of programmable to non-programmable expenditure under Article 6(1a); | |
| (c) the application of conditionality under Article 21 and of parallel-action assessments under Article 21(7a); | |
| (d) the participation of Union economic operators in procurement procedures financed under the Instrument and the application of Article 20(7) and (10); | |
| (e) the geographic distribution of indirect-management entrustments under Article 11. | |
| 2. The review shall be accompanied by an external evaluation conducted by the European Court of Auditors and by independent experts. | |
| 3. Where the review identifies systematic mis-use of any discretionary power conferred on the Commission by this Regulation, the European Parliament and the Council may, on the basis of a proposal from the Commission to be presented within six months of transmission of the review, restrict that discretionary power, including by transferring it to a delegated-act procedure. The Commission's discretionary power to mobilise the cushion under Article 7 in excess of EUR 250 000 000 in a single decision shall in any case lapse on 31 December 2032 unless renewed by a legislative act of the European Parliament and of the Council. |
A mid-term performance review tied to objective metrics, combined with external evaluation by the European Court of Auditors and by independent experts, provides the European Parliament and the Council with a documented basis on which to constrain Commission discretion where it has been mis-used. The conditional sunset on cushion mobilisations exceeding EUR 250 000 000 in a single decision creates an automatic political trigger point at the mid-point of the multiannual financial framework, ensuring that the largest exercises of discretion are renewed by legislative act rather than presumed.
| Text proposed by the Commission | Amendment |
|---|---|
| For Enlargement and Neighbourhood East partners in the pillar referred to in Article 3(1), point (a), the Commission shall adopt an implementing act establishing uniform conditions for implementing this Regulation, in relation to the design and content of the performance-based plans, performance, structures and control systems to be set up in preparation of accession, also in the context of the management of structural, agricultural and cross-border cooperation funds. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2). | For Enlargement and Neighbourhood East partners in the pillar referred to in Article 3(1), point (a), the Commission shall adopt an implementing act establishing uniform conditions for implementing this Regulation, in relation to the design and content of the performance-based plans, performance, structures and control systems to be set up in preparation of accession, also in the context of the management of structural, agricultural and cross-border cooperation funds. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2). The Commission shall ensure the full involvement of the EU budgetary authority, in the adoption of performance-based plans with partner countries. In line with existing facilities, the Commission shall develop a methodology to guide the handling of cases in which the payment conditions—both qualitative and quantitative—set out in the performance-based plans have been fulfilled only partially. The methodology shall ensure transparency, consistency, and accountability in the application of performance-based plans. Performance-based plans must exclude payments for reforms committed to by partner countries under international agreements or treaties whose implementation deadlines have already passed. |
| Text proposed by the Commission | Amendment |
|---|---|
| For Enlargement and Neighbourhood East partners in the pillar referred to in Article 3(1), point (a), the Commission shall adopt an implementing act establishing uniform conditions for implementing this Regulation, in relation to the design and content of the performance-based plans, performance, structures and control systems to be set up in preparation of accession, also in the context of the management of structural, agricultural and cross-border cooperation funds. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2). | For Enlargement and Neighbourhood East partners in the pillar referred to in Article 3(1), point (a), the Commission shall adopt an implementing act establishing uniform framework conditions for implementing this Regulation, in relation to the design and content of the performance-based plans, performance, structures and control systems to be set up in preparation of accession, also in the context of the management of structural, agricultural and cross-border cooperation funds. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| For Enlargement and Neighbourhood East partners in the pillar referred to in Article 3(1), point (a), the Commission shall adopt an implementing act establishing uniform conditions for implementing this Regulation, in relation to the design and content of the performance-based plans, performance, structures and control systems to be set up in preparation of accession, also in the context of the management of structural, agricultural and cross-border cooperation funds. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2). | For Enlargement and Neighbourhood East partners in the pillar referred to in Article 3(1), point (a), the Commission shall adopt an implementing act establishing uniform framework conditions for implementing this Regulation, in relation to the design and content of the performance-based plans, performance, structures and control systems to be set up in preparation of accession, also in the context of the management of structural, agricultural and cross-border cooperation funds. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 32(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| The delegated act referred to in the first subparagraph shall give particular emphasis to ensuring that beneficiaries uphold and respect effective democratic mechanisms, including a multi-party parliamentary system, free and fair elections, pluralistic media, freedom of assembly, an independent judiciary and the rule of law, and guarantee respect for all human rights obligations, including the rights of persons belonging to minorities and communities. Moreover, the delegated act shall also set a funding target for the fundamentals first approach to support candidate countries’ democratic institutions in achieving performance-based plans, and to support non-state actors in monitoring and contributing to democratic reforms. The delegated act shall also define the modalities of the reverse conditionality approach to automatically repurpose programmable funds to independent actors when democratic backsliding occurs. |
Malik Azmani, Engin Eroglu, Dan Barna, Marie-Agnes Strack-Zimmermann, Petras Auštrevičius, Nathalie Loiseau
| Text proposed by the Commission | Amendment |
|---|---|
| The implementing acts referred to in paragraph 1 shall, in particular, lay down: | |
| a) requirements ensuring that performance-based plans are consistent with the membership eligibility criteria agreed by the European Council and with priority to reforms under the Fundamentals cluster of the accession negotiations; | |
| b) rules enabling the Commission to modulate future support in case of backsliding on rule of law by a beneficiary or where a beneficiary fails to make satisfactory progress or reverses agreed reforms included in its performance-based plan; | |
| c) arrangements allowing the Commission, in such cases, to redistribute reduced, unspent or suspended amounts among other beneficiaries in the Enlargement and Neighbourhood East region, in order to reward demonstrated and sustained commitment to reforms. |
The enlargement process must remain merit-based and anchored in the Copenhagen criteria and the fundamentals first approach. Performance-based plans should therefore be explicitly linked to the membership eligibility criteria and prioritise reforms under the Fundamentals cluster. This amendment establishes a clear mechanism for modulating support in cases of rule of law backsliding or reversal of agreed reforms and allows the redistribution of affected amounts to beneficiaries demonstrating sustained commitment to reforms.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The committee may convene in different formats. | 1. The Commission shall be assisted by a committee of which the European Parliament is a member. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The committee may convene in different formats. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The committee may convene in different formats. | 1. The Commission shall be assisted by a committee of which the European Parliament is a member. The committee may convene in different formats. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The Commission shall forward the draft multiannual indicative programmes referred to in Article 17 and the draft action plans and measures referred to in Article 19, where the total amount exceeds ten million euros, to the European Parliament and the Council at the same time as they are submitted to the Committee. The European Parliament may issue a reasoned opinion within ten working days of transmission. The Chair shall submit this opinion to the Committee without delay. The Committee shall take the opinion into account in its examination. If the Committee receives an opinion from the European Parliament, the Chair shall inform the European Parliament of the final result and the reasons for the rejection of the position of the European Parliament. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The Commission shall forward the draft multiannual indicative programmes referred to in Article 17 and the draft action plans and measures referred to in Article 19, where the total amount exceeds ten million euros, to the European Parliament and the Council at the same time as they are submitted to the Committee. The European Parliament may issue a reasoned opinion within ten working days of transmission. The Chair shall submit this opinion to the Committee without delay. The Committee shall take the opinion into account in its examination. If the Committee receives an opinion from the European Parliament, the Chair shall inform the European Parliament of the final result and the reasons for the rejection of the position of the European Parliament. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The rules of procedure of the committee shall provide for proportionate time limits allowing committee members early and effective opportunities to examine the draft implementing acts and express their views, in accordance with Article 3 of Regulation (EU) No 182/2011. | 3. The rules of procedure of the committee shall provide for proportionate time limits allowing committee members early and effective opportunities to examine the draft implementing acts and express their views. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Where the committee delivers no opinion, the draft implementing act may not be adopted and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply. In accordance with Article 10(4) of Regulation (EU) No 182/2011, the Commission shall make available to the European Parliament and to the Council, at the same time as to committee members, the agendas of committee meetings, the draft implementing acts submitted for opinion, and the final draft implementing acts following the committee opinion, whilst informing them of the availability of such documents. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. | 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The Commission shall immediately inform the European Parliament and the Council of the proposed measure, which is to be applied immediately, and shall submit it to the competent committee of the European Parliament within XX days of its adoption. The European Parliament may issue a reasoned opinion within ten working days of the submission. The Chair shall immediately submit that opinion to the committee during the examination referred to in Article 8(3) of Regulation (EU) No 182/2011. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. | 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5, shall apply. The Commission shall immediately inform the European Parliament and the Council of the proposed measure, which is to be applied immediately, and shall submit it to the competent committee of the European Parliament within XX days of its adoption. The European Parliament may issue a reasoned opinion within ten working days of the submission. The Chair shall immediately submit that opinion to the committee during the examination referred to in Article 8(3) of Regulation (EU) No 182/2011. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. In accordance with Article 10(4) of Regulation (EU) No 182/2011, the Commission shall make available to the European Parliament and to the Council, at the same time as to committee members, the agendas of committee meetings, the draft implementing acts submitted for opinion, and the final draft implementing acts following the committee opinion, whilst informing them of the availability of such documents. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. Member States may request the examination of any other matter concerning the implementation of the Instrument. | 8. Member States and the European Parliament may request the examination of any other matter concerning the implementation of the Instrument. |
Liudas Mažylis, Niels Geuking, Norbert Lins, Alexandra Mehnert, Dennis Radtke, Oliver Schenk, Axel Voss, Verena Mertens, Reinhold Lopatka, Sabine Verheyen, Marion Walsmann, Angelika Niebler, Niclas Herbst, Andrea Wechsler, Rosa Estaràs Ferragut, Tomas Tobé, Lukas Mandl, Miriam Lexmann, Christian Ehler
| Text proposed by the Commission | Amendment |
|---|---|
| 8. Member States may request the examination of any other matter concerning the implementation of the Instrument. | 8. Member States and the European Parliament may request the examination of any other matter concerning the implementation of the Instrument. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 33 | deleted |
| European External Action Service clause | |
| This Regulation shall be applied in accordance with Decision 2010/427/EU, in particular Articles 3 and 9 thereof. |
Regrets that the EEAS, was established as a “sui generis” institution which is not subject to any parliamentary control. Regrets that the EEAS was made responsible for defining the strategic orientation, but does not implement EU financial assistance. The Commission is and should be the only one responsible and accountable.
Andreas Schieder, Udo Bullmann, Nacho Sánchez Amor, Matjaž Nemec, Marta Temido, Sandra Gómez López, Cecilia Strada, Murielle Laurent, Chloé Ridel, Marco Tarquinio, Marit Maij, Christophe Clergeau, Giorgio Gori, Leire Pajín
| Text proposed by the Commission | Amendment |
|---|---|
| Article 34a | |
| Administrative and technical cooperation | |
| The Instrument shall support administrative and technical cooperation measures aimed at strengthening regulatory, policy and institutional capacities through expertise, training and related learning opportunities. These measures shall include Public Sector Expertise as a specific form of technical cooperation that promotes peer-to-peer knowledge exchange between public institutions, public law bodies or private-law entities entrusted with public service tasks in Member States and their counterparts in partner countries or regions. |
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Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 1054 - 1406 - Draft report Establishing Global Europe”. Text, 26 May 2026. docId CJ19-AM-789070. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/CJ19-AM-789070 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/CJ19-AM-789070 (CC BY 4.0).
BibTeX
@misc{epw-text-cj19-am-789070,
author = {{European Parliament}},
title = {{AMENDMENTS 1054 - 1406 - Draft report Establishing Global Europe}},
year = {2026},
date = {2026-05-26},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/CJ19-AM-789070}},
url = {https://news.eu-parl.st-solutions.dev/texts/CJ19-AM-789070},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId CJ19-AM-789070. Data: EP Open Data API: document record (CC BY 4.0)}
}