12 Amendments of Alexandra GEESE related to 2021/2071(INI)
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas the Regulation entered into force on 1 January 2021 and has been binding in its entirety and directly applicable in all Member States since that date to all payments made since the entry into force of the Regulation;
Amendment 36 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation and stresses the preventive aspect of the conditionality mechanism and the fact that it can serve as an ex-ante instrument;
Amendment 55 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the non-effective or untimely cooperation with EPPO and OLAF constitutes a ground for action under the Regulation; stresses that in the case of EPPO, effective and timely cooperation entails not only an obligation for national authorities to actively assist and support the criminal investigations and prosecutions of EPPO but also for the national government to ensure that its European and Delegated Prosecutors are appointed in a timely and impartial manner; is also of the opinion that the systematic lack of follow-up to OLAF recommendations is an omission in the meaning of the Regulation;
Amendment 60 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions; especially underlines the need to take into account final judgments of national, international and European courts, such as the European Court of Human Rights and the Court of Justice; calls on the Commission to include in its annual Rule of Law Report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way and to establish a systematic relationship between these two separate tools;
Amendment 81 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in sector-specific or financial legislation would not allow the Union budget to be protected more effectively enough; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests in the most effective and efficient manner, to be chosen on a case- by-case basis, and in parallel if needed, depending on their efficiency and effectiveness;
Amendment 84 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the Regulation covers all Union funds and applies also to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the Union budget or the protection of the financial interests of the Union, which may be difficult to address by other Union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred;
Amendment 87 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges and the judiciary or the neutrality of public authorities, and in particular, the proper functioning of public entities with a mandate to prevent and fight corruption, fraud, tax evasion and conflict of interest have in general a clear indirect impact on the proper management, spending and control of Union funds;
Amendment 94 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that Article 6(4) of the Regulation foresees the possibility for the Commission to request additional information to carry out its assessment both before and after having sent the written notification; stresses that such requests before the written notification should remain exceptional and punctual so as to not jeopardise the precise timeline for the adoption of measures provided for in the Regulation;
Amendment 101 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that measures taken under the Regulation should be proportionate, in the light of the actual or potential impact on the sound financial management of the Union budget or the financial interests of the Union, taking into account the nature, duration, gravity and scope of the breaches of the principles of the rule of law; considers that, in general, the seriousness of that impact will reflect the seriousness of the breacheunderlines the need to take into account the degree of cooperation of the Member State concerned, or its refusal to cooperate sincerely with the Commission in the context of the procedures pursuant to the Regulation, or a possible persistence or repetition of similar breaches, despite earlier recommendations or proposals made by the EU institutions;
Amendment 107 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that, unless the decision adopting the measures states otherwise, the imposition of appropriate measures under the Regulation does not affect the obligations of Member States towards legitimate interests of final recipients or beneficiaries, including the obligation to make payments;
Amendment 110 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to implement Article 5(4) of the Regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the Commission about any breach of the legal obligation to continue making payments after measures pursuant to this Regulation are adopted, such as a simple, easy-to-use and structured complaint form;
Amendment 114 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in shared management, measures under the Regulation cannot be considered to affect the availability of funding for payments of legitimate claims to beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards final recipients or beneficiaries;