11 Amendments of Tomáš ZDECHOVSKÝ related to 2016/0282(COD)
Amendment 8 #
Proposal for a regulation
Recital 80
Recital 80
(80) It is important to be able to reinforce the deterrent effect achieved by the exclusion and the financial penalty. In that regard, the deterrent effect should be reinforced by the possibility to publish the information related to the exclusion and/or to the financial penalty, with full respect for the data protection requirements set out in Regulation (EC) No 45/2001 of the European Parliament and of the Council (6) and in Directive 95/46/ECRegulation (EU) 2016/679 of the European Parliament and of the Council (7). This should contribute to ensuring that the same conduct is not repeated. For reasons of legal certainty and in accordance with the principle of proportionality it should be specified in which situations a publication should not take place. In its assessment, the authorising officer responsible should have regard to any recommendation of the panel. As far as natural persons are concerned, personal data should only be published in exceptional cases justified by the seriousness of the conduct or its impact on the Union's financial interests.
Amendment 9 #
Proposal for a regulation
Recital 105
Recital 105
(105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation, audit or control or an official or an agent of a Union institution is in such a situation. All persons or entities potentially subject to conflict of interest should be encouraged to publish their declarations of interest, instead of a declaration of absence of conflict of interest. A self-evaluation of conflict of interest is a conflict of interest in itself. Therefore, the evaluation of conflict of interest should be done by an independent third party. In cases where an economic operator attempts to unduly influence a procedure or obtain confidential information, this should be treated as grave professional misconduct. In addition, economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest. For instance, a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified. A record of all cases of conflict of interest and revolving door identified in the Union institutions should be published on a regular basis.
Amendment 10 #
Proposal for a regulation
Recital 108
Recital 108
(108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators. All Union institutions conducting public procurement should publish clear rules on their websites regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 11 #
Proposal for a regulation
Recital 113
Recital 113
(113) A contracting authority should be able to cancel a procurement procedure before the contract is signed, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim compensation. This should be without prejudice to situations where the contracting authority has acted in such a way that it may be held liable for damages in accordance with the general principles of Union law.
Amendment 15 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Personal data collected pursuant to this Regulation shall be processed in accordance with Directive 95/46/EC (28 )Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EC) No 45/2001.A candidate or tenderer in a procurement procedure, an applicant in a grant award procedure, an expert in a procedure for the selection of experts, an applicant in a contest for prizes or an entity or person participating in a procedure for implementing Union funds in accordance with point (c) of Article 61(1)as well as a beneficiary, a contractor, a remunerated external expert or any person or entity that receives prizes or implements Union funds pursuant to point (c) of Article 61(1) shall be informed accordingly. _________________ 28OJ L 281, 23.11.1995, p. 31.
Amendment 23 #
Proposal for a regulation
Article 131 – paragraph 3 a (new)
Article 131 – paragraph 3 a (new)
3 a. In order to have an efficient early detection and exclusion system, clear rules shall be put in place for a real protection of whistle-blowers. Regular reports on whistle-blowers cases handled and finalised shall be published by relevant bodies.
Amendment 24 #
Proposal for a regulation
Article 165 – paragraph 1
Article 165 – paragraph 1
The contracting authority may, before the contract is signed, cancel the procurement procedure, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim any compensation.
Amendment 28 #
Proposal for a regulation
Article 183 – paragraph 2
Article 183 – paragraph 2
2. All grants awarded in the course of a financial year shall be published in accordance with paragraphs 1 to 4 of Article 36. In addition, all Union institutions conducting public procurement shall publish on their websites clear rules regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 30 #
Proposal for a regulation
Article 185 – paragraph 4 – point b
Article 185 – paragraph 4 – point b
(b) direct support paid to natural persons most in need, such as unemployed persons and refugees.
Amendment 34 #
Proposal for a regulation
Article 227 – paragraph 1
Article 227 – paragraph 1
1. For emergency, post-emergency or thematic external actions, the Commission may create, after informing the European Parliament and the Council, trust funds under an agreement concluded with other donors. The constitutive act of each trust fund shall define the objectives of the trust fund. The Commission decision establishing the trust fund shall include a description of the fund's objectives, the justification for its creation in accordance with paragraph 3, an indication of its duration and the preliminary agreements with other donors.
Amendment 35 #
Proposal for a regulation
Article 227 – paragraph 2
Article 227 – paragraph 2
2. The Commission shall consult the Parliament by establishing the fund and later submit its draft decisions concerning the establishment, the extension and the liquidation of a Union trust fund to the competent committee where provided for in the basic act under which the Union contribution to the Union trust fund is provided.