4 Amendments of Petri SARVAMAA related to 2022/0162(COD)
Amendment 108 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The application of the conditionality mechanism should be triggered without delay whenever breaches of the principles of the rule of law are identified to be affecting or seriously risking to affect the sound financial management of the Union budget or the protection of the financial interest of the Union in a sufficiently direct way
Amendment 123 #
Proposal for a regulation
Recital 103
Recital 103
(103) In order to enhance the protection of the Union financial interests the early- detection and exclusion system should be reinforced. It is important to avoid that a person or entity in an exclusion situation is able to apply to, or to be selected for implementing funds, or to receive such funds under a programme also in shared management. Where there is a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude a person or entity, provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in Article 139(1). In the absence of a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude, on the basis of a preliminary classification in law made by the panel referred to in Article 146, having regard to facts and findings established in the context of audits or investigations carried out by European Anti-fraud Office (OLAF), European Public Prosecutor Office (EPPO), the European Court of Auditors (ECA) or any other check, audit or control performed under the responsibility of the authorising officer. Such exclusion should be registered in the early-detection and exclusion system database established under Article 138(1). Member States’ authorities should take it into account by rejecting such persons or entities from being selected to implement Union funds or from receiving such funds. Payment applications from Member States also under shared management, including expenditure related to a person or entity that has been excluded, should not be reimbursed. Where funds are disbursed to Member States under performance-based frameworks, specific rules shall apply, as set out in sector-specific legislation.
Amendment 162 #
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
Amendment 233 #
Proposal for a regulation
Article 138 – paragraph 1 – subparagraph 1
Article 138 – paragraph 1 – subparagraph 1
In order to protect the financial interests of the Union, the Commission shall set up and operate an early-detection and exclusion system, applying to all management systems.