Activities of Petri SARVAMAA related to 2023/0200(COD)
Plenary speeches (1)
Establishing the Ukraine Facility (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on establishing the Ukraine Facility
Amendments (35)
Amendment 227 #
Proposal for a regulation
Recital 88
Recital 88
(88) In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) should be in a position to carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. OLAF should be provided with sufficient administrative capacities to conduct these investigations.
Amendment 230 #
Proposal for a regulation
Recital 89
Recital 89
(89) In accordance with Regulation (EU, Euratom) 2018/1046, the necessary rights and access should be granted to the Commission OLAF, the European Court of Auditors and, where applicable the European Public Prosecutor’s Office (EPPO) where relevant, including from third parties involved in the implementation of Union funds. Ukraine should also use the Early Detection and Exclusion System and report irregularities in relation to the use of the funds to the Commission.
Amendment 232 #
Proposal for a regulation
Recital 90
Recital 90
(90) The reinforcement of internal control systems, the fight against corruption, the promotion of transparency, good administration, and efficient public financial management are important reform prioritiesnd verification by an independent external auditor are important reform priorities for Ukraine and increase the legitimacy of support for Ukraine and should be supported by the Facility.
Amendment 237 #
Proposal for a regulation
Recital 91
Recital 91
(91) The Commission should ensure that the financial interests of the Union are effectively protected under the Facility. To this end, an independent Audit Board should be set up to provide the Commission with information on possible mismanagement of funds and guarantee that the correct level of assurance is obtained through an independent external audit. Such information should be made available to OLAF and where appropriate to the relevant Ukrainian authorities. The Commission, with the assistance of the Union delegation, should be entitled to perform checks on how Ukraine implements funds along the whole project life cycle. The Audit Board should ensure regular dialogue and cooperation with the European Court of Auditors.
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘Conditions’ means measurable qualitative or quantitative steps relating to ensuring the maintenance of economic and financial stability or relating to the implementation of the reforms and investments set out in the Ukraine Plan set out in Chapter III.
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) address the social, economic and, environmental and psychological consequences of the war, thereby contributing to the recovery, reconstruction and modernisation of the country;
Amendment 267 #
(c) progressively align with Union rules, values, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, prosperity and sustainability.
Amendment 291 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime, oligarch structures and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom and independence of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 324 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continues to uphold, develop and respect effective democratic mechanisms, including a multi-party parliamentary system and democratic opposition, and the rule of law, and to guarantee respect for human rights, including the rights of persons belonging to minorities.
Amendment 350 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the Facility setting out specific arrangements for the management, control, supervision, monitoring, evaluation, reporting and audit of funds under the Facility, as well as to prevent, detect, investigate and correct irregularities, fraud, corruption and conflicts of interest. The framework agreement shall be complemented by financing agreements in accordance with Article 10 and loan agreements in accordance with Article 21, setting out specific provisions for the management and implementation of funding under the Facility.
Amendment 353 #
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) the commitment of Ukraine to progress towards more efficient and effective control systems, and to strengthen rule of law and the fight against money laundering, corruption, oligarch structures, misuse of public funds, terrorism financing, tax avoidance, tax fraud or tax evasion;
Amendment 370 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Facility shall provide financing under this Chapter upon satisfactory fulfilment of conditions stemming from the Plan, taking the form of measurable qualitative or quantitative steps. Such conditions shall reflect the different objectives of the Facility, as defined in Article 3, and shall include conditions related to essential requirements, such as the maintenance of economic and financial stability, budget oversight and public financial management, and conditions related to the implementation of the reforms and investments set out in the Plan.
Amendment 381 #
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) for the reforms and investments, an indicative timetable, and the envisaged measurable qualitative and quantitative steps to be implemented by 31 December 2027;
Amendment 385 #
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) the arrangements for the effective monitoring, reporting and evaluation of the Ukraine Plan by Ukraine, including the proposed measurable qualitative and quantitative steps, and the related indicators;
Amendment 399 #
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) an explanation of Ukraine’s system to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interests, when using the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors;
Amendment 400 #
Proposal for a regulation
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) an explanation of the extent which planned measures are expected to contribute and promote to the rule of law;
Amendment 401 #
Proposal for a regulation
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) an explanation how Ukraine shall ensure an adequate level of protection of the EU financial interests by applying at least the same standards as provided for in the Financial Regulation and other related EU legislation;
Amendment 402 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Ukraine Plan shall be results- based and include indicatorsmeasurable indicators such as key performance indicators where applicable for assessing progress towards the achievement of the general and specific objectives referred to in Article 3.
Amendment 416 #
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) whether the Plan represents a coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote rule of law and the convergence with the Union, so that the Plan as a whole raises the growth rate of the Ukrainian economy;
Amendment 427 #
Proposal for a regulation
Article 18 – paragraph 3 – point c
Article 18 – paragraph 3 – point c
(c) whether the arrangements proposed by Ukraine are expected to ensure an effective monitoring, reporting and implementation of the Ukraine Plan, including the envisaged timetable, measurable qualitative and quantitative steps, and the related indicators;
Amendment 429 #
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) whether the arrangements proposed by Ukraine are expected to effectively prevent, detect and correct irregularities, fraud, corruption, oligarch structures and conflicts of interests, when using the funds provided under the Facility, and are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors.
Amendment 460 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Ukraine shall publish data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 5200 000 for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. Ukraine shall update those data twice a year, in June and December.
Amendment 495 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Assistance under this Chapter shall support the creation and strengthening of Ukrainian authorities responsible for ensuring appropriate use of funds, audit and effective fight against mismanagement of public funding, in particular fraud, corruption, oligarch structures, conflict of interests and irregularities incurred in relation to any amount spent to achieve the objectives of the Facility.
Amendment 500 #
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, oligarch structures, corruption, conflicts of interests and irregularities;
Amendment 502 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects under the Ukraine Plan;
Amendment 505 #
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) to accompany a request for payment as set out in Chapter III by a declaration that the funds were used in accordance with the principle of sound financial management and for their intended purpose and managed appropriately in particular in accordance with Ukrainian rules complemented by international standards, on prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests; accompanied by a declaration of assurance by the Ukrainian authorities;
Amendment 506 #
Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
Article 33 – paragraph 2 – point c a (new)
(ca) to use the Early Detection and Exclusion System;
Amendment 508 #
Proposal for a regulation
Article 33 – paragraph 2 – point e a (new)
Article 33 – paragraph 2 – point e a (new)
(ea) to provide a similar level of access to information and authority to carry out on-the-spot controls as the Commission and the Court of Auditors to the independent external auditor appointed by the Audit Board;
Amendment 511 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The Commission shall strive to make available to Ukraine an integrated and interoperable information and monitoring system including a single data- mining and risk-scoring tool to access and analyse the relevant data, including the data listed in paragraph 2(d). Where such a system is available, Ukraine shall use and feed the relevant data into the system, including with support referred to under Chapter V. Data shall be inserted in English to allow the Commission and other audit authorities to fulfil their duties without undue delay. The system shall allow for downloads in a machine- readable format.
Amendment 513 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. The agreements referred to in Articles 9, 10 and 21 shall also provide for the right of the Commission to reduce proportionately the support provided under the Facility and recover any amount spent to achieve the objectives of the Facility or to ask for early repayment of the loan, in cases of deterioration of rule of law or in cases of irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by Ukraine, or of a serious breach of an obligation resulting from such agreements. When deciding on the amount of the recovery and reduction, or the amount to be repaid early, the Commission shall respect the principle of proportionality and shall take into account the seriousness of the irregularity, fraud, corruption or conflict of interests affecting the financial interests of the Union, or of a breach of an obligation. Ukraine shall be given the opportunity to present its observations before the reduction is made or early repayment is requested.
Amendment 520 #
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3a. The Audit Board shall appoint an independent external auditor that provides an annual statement of assurance on the declarations by the Ukrainian authorities that accompany a request for payment. It shall also approve the annual work plan of the independent external auditor;
Amendment 521 #
Proposal for a regulation
Article 34 – paragraph 3 b (new)
Article 34 – paragraph 3 b (new)
3b. The Audit Board shall decide on recommendations to the Commission and the Ukrainian authorities on amounts to be recovered following the findings of the independent external auditor, and inform the Commission and the Ukrainian authorities of these recommendations;
Amendment 523 #
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
For that purpose, the Audit Board shall regularly report to the Commission, and the relevant committees of the Council and Parliament and transmit to the Commission without delay any information it obtains or is made aware of, on any identified cases of, or serious concerns in relation to, mismanagement of public funding incurred in relation with any amount spent to achieve the objectives of the Facility, including its performance.
Amendment 525 #
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 2
Article 34 – paragraph 7 – subparagraph 2
In addition, the Audit Board shall adopt recommendations to Ukraine on all cases where in its views competent Ukrainian authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by Ukrainian authorities. A summary of the recommendation shall be published by the Audit Board. Ukraine shall implement such recommendations, or provide a justification on why it has not done so. The information provided by the Ukrainian authorities on the recommendations shall also be published by the Audit Board.
Amendment 528 #
Proposal for a regulation
Article 34 – paragraph 10
Article 34 – paragraph 10
10. The functioning of the Audit Board shall be funded under Chapter V, including the funding for the appointed independent external auditor.