882 Amendments of Mikuláš PEKSA
Amendment 21 #
2023/2184(INL)
Motion for a resolution
Recital F
Recital F
F. whereas specific Union legislative acts, such as Regulation (EU) 2022/2065 of the European Parliament and of the Council3 , limit the freedom of scientific research by submitting the academic sector to regimes primarily designed for regulating the internal market; _________________ 3 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 25 #
2023/2184(INL)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reaffirms the Union's commitment to upholding fundamental rights, including the right to freedom of thought, conscience, and religion, academic freedom as well as the freedom of scientific research and the arts as enshrined in the Charter of Fundamental Rights of the European Union; believes free and open science in all branches of research is essential to protect our European democratic values;
Amendment 27 #
2023/2184(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges the fundamental importance of freedom of scientific research in promoting innovation, progress, and wellbeing in the Unionadvancing our knowledge of natural and social phenomena, thereby contributing to the promotion of innovation, progress, and wellbeing in the Union and recalls that freedom of scientific research is a universal right and public good, to be applied to all scientific disciplines;
Amendment 32 #
2023/2184(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Estimates that freedom of scientific research must come with the responsibility to respect highest ethical standards and integrity in scientific research, and with the obligation to perform scientific research on the basis of Open Science;
Amendment 33 #
2023/2184(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises the decisive role of a properly designed and well implemented enabling framework to effectively protect and promote freedom of scientific research throughout the Union, taking into utmost account of available public support to facilitate production, sharing and spreading of knowledge, as a public good for our society, and to avoid any risk of interference or undermining of independence of scientific research by third parties promoting private interests or interests incompatible with our European values;
Amendment 36 #
2023/2184(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Insists on the relevance of open knowledge to ensure the freedom of scientific research; calls for efficient and transparent creation of knowledge without artificial barriers hindering the access to information and its dissemination; estimates that sharing results of scientific research for non- commercial purposes must be protected by European law and actively promoted; stresses that publicly funded scientific results shall be published in open-access academic journals and the results shall be accessible for everyone in an easily accessible way;
Amendment 38 #
2023/2184(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Suggests the introduction of European funding for development of free open source digital tools to help researchers access, use and disseminate all the relevant information needed for their work across the Union;
Amendment 42 #
2023/2184(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply concernedConsiders that the Commission, despite its strong words in the ERA Communication, is failing to use its legal authority to protect this freedom in the Union;
Amendment 53 #
2023/2184(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the completion of the ERA requires the fulldue respect and active promotion of the freedom of scientific research, and throughout the Union, and believes that any attempts to undermine or failure to actively promote this freedom will have negative consequences fornegatively impacts the development of a competitive and innovative ERA;
Amendment 57 #
2023/2184(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its concern with regard to the Commission's failure to use its legal authority to protect the freedom of scientific research is a serious abdication of its responsibility to uphold the Rule of Law in the Union, and calls on the Commission to take immediate action to remedy that situation;
Amendment 58 #
2023/2184(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the European Council to support the protection and promotion of the freedom of scientific research, and to ensure that this fundamental right is fulduly respected in all Member States;
Amendment 61 #
2023/2184(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Requests that the Commission submit, on the basis of Article 182(5), in conjunction with the Article 179(1), of the Treaty on the Functioning of the European Union, a proposal for an act on the freedom of scientific research, following the principles and aims set out in the Annex hereto to guarantee, protect and promote this freedom at the level of research organisations and of researchers all along their careers;
Amendment 71 #
2023/2184(INL)
Motion for a resolution
Annex I – point 5
Annex I – point 5
5. The freedom of scientific research is the right for individual researchers to disseminate their results, freely define research questions, tochoose and develop theories, gather empirical material, and employ sound scientific research methods, to challenge conventional wisdom and to propose new ideas and theories.
Amendment 76 #
2023/2184(INL)
Motion for a resolution
Annex I – point 6 – point b
Annex I – point 6 – point b
(b) the right to access information, public or private,freely access public information, and the right to access private information needed for scientific purposes, which is to be balanced with the rights of information holders;
Amendment 107 #
2023/2184(INL)
Motion for a resolution
Annex I – point 17
Annex I – point 17
17. Promoting the freedom of scientific research means that governmental bodies have to engage actively with third parties to advocate for the respect, protection and ensuring of the freedom of scientific research, and potentially to disengage from cooperation with third parties not abiding by the same set of principles and values.
Amendment 10 #
2023/2131(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Believes that the use of the unanimity voting procedure in the Council on certain policy areas is paralysing the EU’s decision-making process and therefore making it prone to blackmailing by Member States, especially those who fail to respect the rule of law; calls on the Council to apply the qualified majority voting procedures whenever possible and consider the review of the EU Treaties regulating the voting procedures; believes that the generalised shift to a qualified majority voting procedure in the Council is a crucial step towards a more efficient policy-making and ultimately a Federal Europe;
Amendment 18 #
2023/2131(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes that the internal audits were carried out within a wide range of areas; further welcomes that all recommendations concerning six of the seven audits were accepted; notes with concern that the results concerning the audit on the crypto management was not communicated because the audit report was classified; stresses that Parliament has systems to handle classified information and the results of the audit on crypto management could have been communicated using those systems;
Amendment 22 #
2023/2131(DEC)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Encourages the Council to engage with the European Data Protection Supervisor with a view to utilise the two open-source social media platforms, EU Voice and EU Video, that were launched as a public pilot project to promote the use of free and open -source social networks; encourages the Council to use decentralised social network alternatives to very large online platforms, such as Mastodon;
Amendment 47 #
2023/2130(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes with satisfaction the successfulthe organisation of mid-term elections in 2022 of the President, Vice- Presidents and the Quaestors in a remote format, as decided by the Conference of Presidents; acknowledges the importance of the plenary remote voting system in the successful running of such a sensitive and complex secret vote;
Amendment 159 #
2023/2130(DEC)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99a. Recalls the added-value of free and open source software in improving security since they make it possible for Parliament to identify and fix weaknesses, keep control over the data by hosting in its servers and designing solutions according to its own specifications, while being able to avoid vendor lock-in effects;
Amendment 160 #
2023/2130(DEC)
Motion for a resolution
Paragraph 99 b (new)
Paragraph 99 b (new)
99b. Recalls its preference for free and open source software solutions as against proprietary ones when considering new internal applications; asks for situations to be reported to the ICT governing bodies when open source solutions are not chosen;
Amendment 89 #
2023/2127(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas numerous critics, including by human rights organisations, have accused China of using the government-funded Confucius Institutes and their classrooms on campus as platforms to spread propaganda under the guise of teaching, interfere with academic freedom and free speech on campuses by means of censorship of certain topics and perspectives in course materials on political grounds, particularly topics related to ethnic minorities in China, and even to spy on students and other members of the Chinese diaspora abroad;
Amendment 167 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) continue engaging with China to tackle global challenges such as climate change and loss of biodiversity, health and pandemic preparedness, debt relief and humanitarian assistance, and increase dialogue with China on security issues in view of China’s increasingly critical role in global security;
Amendment 275 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) condemn Chinese authorities assimilationist policies in Tibet that violate the educational, religious, cultural and linguistic rights of the Tibetan people and threaten to ultimately eradicate Tibetan culture and identity, in particular the compulsory boarding school and pre- school system which separates over 1 million Tibetan children from their families and enforces Chinese-language education; urge China to immediately abolish the boarding school and pre- school system imposed on Tibetan children, to allow private Tibetan schools to be established and to ensure that Mandarin is not the only language of instruction in Tibet; consider adopting sanctions on Chinese officials responsible for designing and implementing the boarding school and preschool system in Tibet;
Amendment 286 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
(ib) condemn the promulgation of the “Administrative Measures for Religious Activity Venues” (also known as “Order number 19”) that came into force on 1 September 2023 and intensifies the ongoing repression on Tibetans and other ethnic and religious minorities, notably by requiring temples, monasteries, mosques, churches and other religious sites to “uphold the leadership of the CCP and the socialist system, thoroughly implement Xi Jinping’s ideology of socialism with Chinese characteristics for the new era (...) [and] adhere to the direction of Sinicization of China’s religions”;
Amendment 353 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) work closely towards fostering unity among the Member States’ approach towards China and strengthen the EU’s strategic autonomy to ensure that Europe is able to defend its values and economic interests, as well as the global rules-based order; to this end, take seriously into account the obligations relating to Business and Human Rights under international law, in particular the United Nations Guiding Principles on Business and Human Rights, as well as European rules on due diligence and the prohibition of goods made using forced labour;
Amendment 416 #
2023/2127(INI)
Motion for a resolution
Paragraph 1 – point t a (new)
Paragraph 1 – point t a (new)
(ta) express grave concern about the accusations of the misuse of Confucius Institutes as platforms to spread propaganda, to censor all debate about topics deemed “politically sensitive” by Chinese government, and to spy on students and the Chinese diaspora abroad; closely monitor the impact of Chinese government interference in academic freedom in European educational institutions and campuses;
Amendment 14 #
2023/2045(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the varying levels of digitalisation in the Member States needs to be addressed by the creation of more unified, interoperable and comparable administrative and reporting systems in the EU, which are functional and necessary for a solid comprehensive analysis and for the effective prevention of irregularities and countering of fraud and corruption; whereas Member States shall be encouraged to, in parallel, make use of EU-wide datamining tools such as Arachne or EDES;
Amendment 17 #
2023/2045(INI)
Motion for a resolution
Recital J
Recital J
J. whereas cooperation with international partners and global financial institutions is crucial to protect EU funds spent outside Europe and the revenue side of the EU budget;
Amendment 19 #
2023/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Shares the view of the Commission that fraud prevention and detection must rely on further digitalisation in order to increase the accessibility and use of data; points out that efficient anti-fraud governance and effective result-oriented processes and adequately equipped structures must be in place to ensure cooperation and coordination between all the components of the anti-fraud architecture and the relevant actors;
Amendment 23 #
2023/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Appreciates the improved overall coherence of the anti-fraud legislation across the EU, following the actions undertaken by Member States to transpose the EU rules into national systems correctly; observes that, in some respects, the situation is still sub- optimal, in particular as regards the detection and reporting of suspected fraud and irregularities and their follow-up, for which the differences between Member States are still very notable;
Amendment 25 #
2023/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets the fact that in many Member States national authorities do not always follow up on the Commission’s and OLAF’s recommendations, report exhaustively or adopt acknowledged good practices in a timely manner; points out that in many Member States, the percentage of irregularities that are still classified as suspected fraud many years after they were initially reported is extremely high, even in relation to cases indicated as closed; believes that such situations might suggests a lack of adequate follow-up, insufficient or inadequately trained resources, communication gaps or inefficient reporting channels, weak cooperation and coordination, or even the unjustified postponement of reclassifying irregularities as fraudulent in order to adjust the statistical reporting;
Amendment 28 #
2023/2045(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the number of cases of fraud and irregularities reported by the competent EU and national authorities – 12 455 in total – slightly increased in 2022 compared to 2021; observes that the affected financing related to these cases in 2022 decreased to EUR 1.77 billion (from EUR 3.24 in 2021); believes that these numbers are still extremely high and represent an important loss for the EU budget;
Amendment 30 #
2023/2045(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that involvement of civil society and the private sector in the efforts to combat fraud wouldis crucial to enhance prevention and detection, and that this implies support to confidential channels and/or whistleblowers and investigative journalists, and that the latter can be effective insofar as easy access is given to information on projects, beneficiaries and payments;
Amendment 31 #
2023/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 3 May 2023 on the fight against corruption (JOIN(2023)0012), acknowledging the seriousness of corruption, as it undermines the efficiency of public spending, the effectiveness of the single market and the sustainability of economic growth; points out that the fight against corruption is one of the most important commitments of the Union, on a par with transparency and integrity; stresses that also phenomena of nepotism with regard to state-owned entities and procurement for EU funds poses great risk to sound management and EU’s financial interests;
Amendment 39 #
2023/2045(INI)
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59a. Is concerned about the reports that OLAF’s investigation into corruption and conflict of interest concerning Member of the European Parliament has been obstructed by lack of access to their offices and work devices; calls on the EP President to grant OLAF access to the premises and all necessary information required for the sake of investigations;
Amendment 40 #
2023/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the fact that the Commission has included a specific section on anti-corruption in its annual report on the rule of law in order to provide an in- depth comparative analysis of the approaches, procedures and tools used by the Member States in their fight against corruption and to help to assess which areas are most at risk; asks the Commission to always include recommendations and follow-up observations for Member States to all sections of the rule of law report;
Amendment 47 #
2023/2045(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that this could be an indicator of the positive impact and deterrent effect of the amendments to the financial rules, which have been made applicable to all national authorities handling EU funds, together with the fact that one third of the cases were detected through sources external to the management and control system, including whistleblowers and investigative journalists, which suggests an adequate basic level of transparency and accessibility and contributions from civil society;
Amendment 52 #
2023/2045(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Observes that, in 2022, the overall number of fraudulent and not fraudulent irregularities related to Traditional Own Resources (TOR) (4 661) was 7.6 % higher compared to the five-year average (2018- 2022); notes with concern that the overall amounts affected by such irregularities, as estimated and established by Member States, also noticeably increased (by 47 %, reaching EUR 783 million); highlights, on the same issue, that the overall recovery rate in 2022 for both fraudulent and non- fraudulent cases was only 48 % (compared with 54 % in 2021) and that the figure for fraudulent cases was only 25 %, which was distributed across Member States very heterogeneously; asks the Commission to put more efforts into a speedy recovery of abused funds;
Amendment 62 #
2023/2045(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Regrets that during the period 2018-2022, in both rural development and direct payments, the contributions to the detection of fraudulent cases provided by risk analysis, whistleblowers, informants and investigative journalists has been very limited; is also concerned about the length of the administrative procedures opened to deal with the fraudulent cases reported, which, on average and during 2014-2022, required nearly four years from the start of the irregularity to arrive at a suspicion of fraudulent activity, and nearly three more years to close the case after reporting it to the Commission; points out that, for cohesion, it took about a year and a half to arrive at a suspicion that a fraudulent irregularity had been committed and more than two years to close the fraudulent case after reporting it to the Commission; asks the Commission to provide recommendations and follow-up more often with the Member States authorities to reduce the length of administrative procedures;
Amendment 64 #
2023/2045(INI)
36. NotesIs concerned that, between 2018 and 2022, average recovery remains at positive levelslevels were still low, with an average recovery rate of 56 % (resulting from 34 % for ‘irregularities reported as fraudulent’ and 59 % for ‘irregularities not reported as fraudulent’); asks the Commission to put more efforts into a speedy recovery of abused funds;
Amendment 71 #
2023/2045(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Remarks that the Commission’s audit work has confirmed variations in the internal control systems across the implementing and coordinating bodies, identifying good practices in some of the procedures in place to verify and prevent fraud, corruption, conflicts of interest and double funding; invites the Member States to share the best procedures in order to facilitate more coordinated and fraud- proof processing of the funds;
Amendment 89 #
2023/2045(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes that among the available options, Arachne was by far the most widely-used IT system (by 21 Member States), in support of the European Structural and Investment Funds (ESIF) and the RRF; observes with concern that many Member States used their own dedicated anti-fraud IT tools, often in conjunction with EU tools, although those tools were rarely interoperable and therefore hamper the detection and reporting of fraud to the Commission;
Amendment 97 #
2023/2045(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63a. Reiterates its call to the Commission to propose an extension of the EDES to all funds, including those under shared management;
Amendment 106 #
2023/2045(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Remarks that, in 2022, only 22 Member States already participated in the EPPO, with the same five countries as in 2021 abstaining, namely Hungary, Poland, Ireland, Denmark and Sweden refusing to take part; insists that Member States which have not yet participated, must do so without delay;
Amendment 111 #
2023/2045(INI)
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56a. Calls on the Commission to ensure that the efficiency and efficacy of OLAF’s work in corruption and fraud detection is maintained, thus the reduction of OLAF’s annual budget foreseen for full time employees shall be considered in line with the true business needs of OLAF, as reflected in their annual report;
Amendment 118 #
2023/2045(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Notes with concern that, by the end of 2022, onlystill three Member States (Finland, Ireland and Poland) indicated that they had not adopted any strategy for protecting the EU’s financial interests and five (Belgium, Spain, Luxembourg, the Netherlands and Romania) indicated that they were only in the process of establishing one, while the other Member States have alternative strategies at national, regional or sectoral level or, in some cases, combine them; urges Member States to adopt a NAFS to show that they take the protection of EU funds seriously;
Amendment 124 #
2023/2045(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Takes note of the Council decision of 16 December 2022 to suspend the disbursement of EUR 6.3 billion of EU funds to Hungary; expects the Commission and the Council to lift the adopted measures only where evidence is collected that the remedial measures adopted by the Hungarian Government have proven effective in practice and, in particular, that no regression has been detected on already adopted measures; reiterates, however, its opinion that the 17 measures alone, as negotiated by the Commission and the Hungarian Government, are not sufficient to address the existing systemic risk to the EU’s financial interests and regrets that the Commission did not request sufficient substantial changes and safeguards to restore the independence of the judiciary and reduce the level of corruption; is very concerned about the media reports affirming that the Commission is planning to lift the suspension measures in Hungary against the Government’s endorsement of aid for Ukraine; believes that the Commission should never give into blackmail, especially when it endangers the protection of the EU’s financial interests;
Amendment 130 #
2023/2045(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Believes that funds under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI-Global Europe) for assistance in non-EU countries and the resources allocated for Europe’s response to the war in Ukraine are not adequately monitored and controlled; calls on the Commission to put appropriate measures in place to ensure that EU funds sent to neighbouring countries ends up benefiting those that are most in need;
Amendment 3 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the UK and EU reaffirmation of their ambitions on energy efficiency and renewable energy for 2030; Welcomes the Memorandum of Understanding on offshore energy cooperation and calls for the further development of renewable energy in line with climate change objectives, and for the establishment of an effective framework for trading arrangements for electricity flows; Calls on accelerating the deployment of renewable energies in the North Sea while ensuring good marine spatial planning;
Amendment 10 #
2022/2188(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that the continued application of the EU energy acquis in Northern Ireland is necessary for ensuring continuity for the Single Electricity Market on the island of Ireland following the UK’s withdrawal from the EU; Recalls that maintaining solid ties between the UK’s and the EU’s energy markets, including with additional electricity interconnections, is in everyone’s own best interest;
Amendment 11 #
2022/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that existing energy legislation does not directly address any aspects of EU-UK relations and calls for the alignment of policies in this area, in particular on promotingreducing energy demand, promoting energy efficiency and renewable generation capacities, given the clear link between the two sides and the fact that any decisions made affect them both;
Amendment 13 #
2022/2188(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that an agreement on energy cooperation, which should be aligned with the overall agreement on future relations and based on robust governance and a level playing field, would be in the mutual interest of both parties to guarantee continued energy flows, as the current TCA is currently due to expire in June 2026;
Amendment 15 #
2022/2188(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the importance and the mutual benefits of continued cooperation in research and innovation between the EU and the UK;
Amendment 24 #
2022/2188(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines the need to cooperate in ensuring the resilience of digital communications, especially over internet, and participate in joint actions meant to increase cybersecurity;
Amendment 26 #
2022/2188(INI)
Draft opinion
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is concerned about the risk of disproportionate profiling and possible discrimination against EU citizens travelling to the UK; Underlines the importance of ensuring high level of data protection standards in the transferring and processing of personal data between the two parties, especially in the air transport sector, in line with the EU directive on passenger name record.
Amendment 25 #
2022/2152(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that the new MFF 2021- 2027, the last programmes for which were adopted in 2021, coupled with the NextGenerationEU recovery plan, provides the EU with EUR 1.8 trillion, representing an unprecedented volume of resources for which the auditing measures foreseen by the Councilare rather poor;
Amendment 31 #
2022/2152(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes with concern that the great majority of reported irregularities (fraudulent and non-fraudulent) are detected during ex post controls and that this results in a significant time lag between the moment in which irregularities are committed and when they are reported to the Commission, with this lag averaging from two and a half to three years; is also concerned that some Member States do not report any irregularities, which might also indicate insufficient detection efforts;
Amendment 48 #
2022/2152(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Asks the Commission to publish internal audit reports and findings before the end of the implementation period, which can take several years; believes that the public has the right to be aware of the actions Member States are required to take to protect the EU budget;
Amendment 54 #
2022/2152(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Observes that, in ESIF matters, infringements of public procurement rules were the most frequently reported non- fraudulent irregularities, but only in 4 % of these cases was fraud detected; believes that enhanced transparency in public procurement would ensure sounder management of resources; takes the view that reducing single bids by outlining them for ex-post controls, encouraging the adoption of electronic public procurement systems, and providing training on public procurement for micro, small and medium- sized enterprises would help boost participation and facilitate public scrutiny and controls, increase competition in public contracts and allow more efficient use of EU funds in public procurement, while reducing the risk of fraud and irregularities;
Amendment 56 #
2022/2152(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Calls on all Members States to keep a high level of checks and monitoring on emergency spending, in case of urgent procedures done as an ex- post control, use emergency procurement on the basis of a case-by-case assessment and finally complete the transition to e- procurement processes;
Amendment 59 #
2022/2152(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes that despite the reported figure, the proportion of cases of suspected fraud that have not led to conviction remains high, while the share of cases in which fraud is established is low, suggesting the need to invest more in investigating and prosecuting such cases; notes that the average indictment rate based on OLAF recommendations to Member States decreased to only 35% in 2021; asks OLAF and the Commission to systematically follow-up with Member States to understand why recommendations provided have not resulted in the launch of judicial proceedings;
Amendment 69 #
2022/2152(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Deeply regrets that there are still five Member States not participating in the EPPO, namely Poland, Hungary, Sweden, Denmark and Ireland;
Amendment 82 #
2022/2152(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Reiterates its concerns related to permanent understaffing at OLAF, the EPPO, Europol and Eurojust and their lack of financial and human resources, as they need an adequate and predictable budget to be able to organise and carry out the work to the best of their ability; reminds the Commission and the Council that every euro spent on investigation and anti-fraud actions returns to the EU budget;
Amendment 92 #
2022/2152(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Asks the Commission to strengthen the conflict of interests provisions in the review of the EU Financial Regulation to include the preparation of the budget by public officials;
Amendment 29 #
2022/2082(DEC)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Welcomes the proposal from the Secretary-General to enable the Bureau to debate draft decisions on important matters and decide on those at its following meeting; invites the Bureau and Quaestors to implement that practice;
Amendment 100 #
2022/2082(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62a. Calls on the Parliament to actively encourage Members and Parliamentary staff not to hold any meetings or participate in lobby activities with organisations, which are not registered in the EU Transparency Register and do not publish annual accounts, as well as the legal persons financing its activities;
Amendment 112 #
2022/2082(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Considers roll call votes (RCV) to be a key instrument for transparency and accountability towards the Union’s citizens; calls for introducing automatic RCV to any final vote except for secret ballots, and for increasing the number of RCV that are possible for a political group to ask for per part-session in Rule 190-2, or exempting legislative files from that limitation;
Amendment 134 #
2022/2082(DEC)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75a. Highlights the Parliament’s dependence for communications on social media on platforms with main establishment outside the EU, with poor track records with regards to data protection, privacy, freedom of information and freedom of expression; recalls in particular the 2018 Facebook- Cambridge Analytica scandal, the YouTube recommendation algorithm promoting extremist content, and the 2022 Twitter scandal regarding the suspension of journalists and the swift and opaque changes of verification policies; calls the Parliament to champion and support alternative social media, which are more in line with the European values, such as open-source, decentralised and interoperable networks;
Amendment 202 #
2022/2082(DEC)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112a. Recalls that in 2019 the Parliament launched a project to automate the registration of attendance with biometric technology in the central attendance register and signed a contract for this project at the end of 2020; stresses that the large-scale processing of biometric data should be avoided; again asks the Bureau to develop an alternative solution that does not involve the processing of biometric data and ensures that only Members entitled to the daily subsistence allowance actually receive it; regrets that this project is still being pursued despite the European Data Protection Supervisor’s adverse opinion at the end of March 2021 and reiterated in its Annual Report 2021, where it was stated that Parliament should consider less intrusive alternatives with regard to data protection;
Amendment 6 #
2022/2046(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates its utter concern as regards the significant delay in the implementation of cohesion policy for the 2021-2027 period, as well as its call for the Commission and the Member States to speed up the adoption of the partnership agreements and programmes, without undermining their quality and while respecting the EU’s political priorities and the applicable principles; reiterates the need for special consideration to be given to less-developed regions and islands in this context;
Amendment 19 #
2022/2046(INI)
3. Underlines the necessity of providing the regions with timely and appropriate financial means in order to deal with the waves of migration caused by the Russian aggression against Ukraine and its multifaceted consequences; emphasises the need to address the grave difficulties that the current rise in energy costs is causing for the regional and local authorities, for the citizens and the social and economic actors, and to identify suitable financial instruments to deal with them at a regional and local level;
Amendment 28 #
2022/2046(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Draws its attention to the worrying findings of the special report 09/2022 of the European Court of Auditors, which indicates that the Commission unduly recorded around €72 billion as climate spending in the 14-20 programming period and that the likely share of the EU budget that is climate-relevant amounts at around 13% (approximately €144 billion) rather than 20 %; acknowledges the bigger ambition on the 30% spending target on climate set out in the current Multiannual Financial Framework and some amendments to the current tracking methodology by the Commission; encourages, however, this latter to establish guidelines applicable to all policy areas relevant to climate spending, and to clearly disclose a coherent basis for reporting, and consistent treatment of similar projects(e.g. same climate coefficient) across the EU budget and the NextGenerationEU;
Amendment 37 #
2022/2046(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need for a swift approval of the European Parliament and of the Council of the Commission’s proposal on the three new categories of own resources (Carbon Border Adjustment Mechanism, the revised Emission Trading System, the minimum corporate tax); considers that the expected additional revenues are necessary but not sufficient for an updated and really ambitious MFF which should be able to tackle the multidimensional challenges that the EU as a whole will have to face in the coming months, such as the investment gap for the transition, the socio-economic consequences of Russian aggression to Ukraine, the digital connectivity throughout the EU, the need to increase citizen-driven energy actions that contribute to the clean energy transition; calls therefore on the European Commission to advance the expected new proposal on additional Own Resources, scheduled at the end of 2023, to the coming months;
Amendment 4 #
2022/2021(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reminds that large transport infrastructure contribute to the sustainable development of European regions by enhancing green connectivity, which contributes to protecting the environment though the reduction of CO2 emissions;
Amendment 12 #
2022/2021(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the number of high impact, successful projects co-financed by the EU budget; notes, in particular, the impact of projects such as: the construction of a high-speed railway platform (Spain, EUR 749 million); the doubling of the ‘Bari s. Andrea bitetto’ railway section (Italy, EUR 421 million); the construction of a new Route du Littoral (France, EUR 304 million); the modernisation of the Sofia-Plovdiv railway line: railway section Elin Pelin – Kostenets (Bulgaria, EUR 553 million); the construction of an express road between Craiova and Pitesti (Romania, EUR 832 million); the construction of the S7 expressway between Gdańsk and Elbląg, and Thorns and Elbląg (Poland, EUR 504 million); the improvement of TEN-T road connectivity with South Dalmatia (Croatia, EUR 418 million); works on the D35 motorway in the section MÚK Opatovice-Časy-Ostrov (Czechia, EUR 384 million); the construction of the Patras Pyrgos motorway (Greece, EUR 355 million); the modernisation of the railway line between Púchov and Žilina (Slovakia, EUR 349 million); upgrading the existing Maribor- Šentilj railway (Slovenia, EUR 195 million); modernising the Ovar-Gaia railroad (Portugal, EUR 140 million); carrying out stage III of the western bypass of Vilnius (Lithuania, EUR 92 million); works on state road No 2, Tallinn-Tartu- Võru-Luhamaa Võõbu-Mäo (Estonia, EUR 59 million); the construction of the main state motorway, A2 Riga-Sigulda-Estonian border (Latvia, EUR 44 million); and the construction of a multi-level road junction at EA20A & EA21 along the TEN-T (Malta, EUR 41 million); also points out to the role that the EIB plays in supporting innovative and sustainable infrastructure projects in the Member States, both on national and local level;
Amendment 22 #
2022/2021(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights that the project monitoring performed by the European Climate, Infrastructure and Environment Executive Agency is mainly oriented towards financial aspects and outputs and does not focus on projects’ broader results and impacts, such as on the local population and the environment; regrets that, consequently, there is only limited monitoring data that is suitable for the subsequent evaluation of these projects;
Amendment 24 #
2022/2021(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. NotesFinds it concerning that while the Union produces systematic ex post evaluations of programmes, the Commission has not performed, nor has it required project promoters to perform, systematic ex post assessments of individual EU co-funded large transport projects; notes that there is currently no legal obligation for them to do so;
Amendment 28 #
2022/2021(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is convinced that adequate control over fund implementation is a necessity as infrastructure projects are prone to irregularities including corruption; calls on the Commission and the Member States to put into mandatory use an open-source single integrated, interoperable information and monitoring system, including a single data-mining and risk-scoring tool to access and analyse the relevant data, including information on beneficial ownership, and increase control reliability, with a view to a generalised application, including with the help of the Technical Support Instrument; emphasises that such data should allow for the strengthening of the control and audit processes, notably as regards fraud and conflicts of interest;
Amendment 29 #
2022/2021(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Expresses its concern that there is a lack of systematic evaluation of large transport projects in the EU and that existing monitoring is focused mainly on financial inputs and outputs rather than outcomes; calls for the outcomes of such projects to be given greater visibility, as they play a significant role in building long-term socio-economic and environmental benefits; calls, additionally, for a review of the long-term benefits of large transport projects and for the evaluation of any benefits that are additional to the direct benefits produced by such projects8 ; _________________ 8 ITF (2014), Major Transport Infrastructure Projects and Economic Development, ITF Round Tables, No. 154, OECD Publishing, Paris, https://doi.org/10.1787/9789282107720-en.
Amendment 31 #
2022/2021(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to further strengthen ex post evaluation indicators by introducing criteria such as road safety; reduction of deaths and serious injuries; reduction of emissions; reduction of noise pollution; increase in the quality of air, and increase in economic activity; notes, in this regard, that the lack of effective enforcement related to the quality of infrastructure is a significant additional contributor to poor road safety resulting in deaths and injuries; believes that measuring economic and environmental impacts through regional or national macroeconomic models could assist in alleviating any potential risks arising from the lack of scrutiny9 ; _________________ 9 ibid.
Amendment 36 #
2022/2021(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the Commission to focus on the development of cross-border transport infrastructure to ensure a better and greener connectivity in Europe; recommends increasing the availability of international night trains to provide sustainable transport alternatives;
Amendment 37 #
2022/2021(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Believes that given the limited administrative capacity of Member States to handle all the funding available, a separate budget should be allocated for national and regional administrative tasks required to develop large-scale transport infrastructure projects, especially to help secure land sales agreements and avoid corruption of public officials;
Amendment 48 #
2022/0409(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to enable Member States and the European Public Prosecutor’s Office, to fight VAT fraud more effectively, a central electronic VAT information exchange system (‘central VIES’) for sharing VAT information should be established. That system should receive, from national electronic systems of Member States information about intra- Community transactions as reported by the respective suppliers and acquirers in different Member States. That system should also receive from Member States the VAT identification information of taxable persons making intra-Community transactions. Furthermore, whenever data are changed, the metadata for tracking the modification time should be uploaded into the central VIES as well.
Amendment 50 #
2022/0409(CNS)
(8) To assist Member States in their fight against VAT fraud and to detect fraudsters, VAT identification information and VAT information on intra-Community transactions should be retained for 5 years. That period constitutes the minimum period necessary for Member States and, if appropriate, the EPPO to carry out controls effectively and investigate suspected VAT fraud or detect such fraud. It is also proportionate considering the massive volume of the intra-Community transaction information and the sensitivity of the information as commercial and personal data.
Amendment 51 #
2022/0409(CNS)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) All data collected should, for security reasons and economic sovereignty, be stored physically within the Union.
Amendment 55 #
2022/0409(CNS)
Proposal for a regulation
Recital 13
Recital 13
(13) To fight VAT fraud, Member States’ Eurofisc liaison officials as referred to in Article 36 of Regulation (EU) No 904/2010 and the EPPO should be able to access and analyse VAT information on intra- Community transactions. To monitor the correct application of VAT laws, Member States’ officials who check whether the exemption of VAT for certain imported goods, which is laid down in Article 143(1), point (d), of Directive 2006/112/EC, applies, should also be able to access VAT identification information that is stored in the central VIES. Moreover, for the same reasons, Member States’ competent authorities should select other officials who need to have direct access to the central VIES and grant them such access where needed. Finally, duly accredited persons of the Commission should be able to access the information contained in the central VIES, but only to the extent that such access is necessary for the development and maintenance of that system.
Amendment 56 #
2022/0409(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) To investigate suspected VAT fraud and to detect such fraud, the information systems supporting the Eurofisc network in the fight against VAT fraud, including the Transaction Network Analysis system and the central electronic system of payment information (“CESOP”), and the EPPO should have direct access to the central VIES.
Amendment 57 #
2022/0409(CNS)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The EPPO should also have direct access to the central VIES in so far as necessary for the performance of its tasks, as laid down in Article 4 of Council Regulation 2017/1939, and in accordance with Article 43 of that Regulation.
Amendment 59 #
2022/0409(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right of protection of personal data laid down in Article 8 of the Charter. In that regard, this Regulation strictly limits the amount of personal data that will be made available to the tax authorities. Access by tax authorities to information on the personal purchases of individuals poses a serious risk to privacy. The processing of intra- Community transaction information pursuant to this Regulation should ontherefore only strictly occur for the purposes of this Regulation.
Amendment 62 #
2022/0409(CNS)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Article 36 of Regulation (EU) No 904/2010 was previously amended to take into account the role of Europol and OLAF. It should also reflect the role of the EPPO. As laid down in Article 13(1) of Regulation 2017/1939, the European Delegated Prosecutors of the EPPO act on behalf the EPPO in their respective Member States and have the same powers as national prosecutors in respect of investigations, prosecutions and bringing cases to judgment. In this capacity, they may engage with the Eurofisc liaison official in their respective Member State. They should be granted the same power in their capacity as European Delegated Prosecutors, in line with Article 43 of Regulation 2017/1939. In so far as necessary for the performance of the tasks of EPPO, direct reporting from Eurofisc to EPPO should be authorised. Selected staff of the EPPO should also be allowed to request information from Eurofisc.
Amendment 65 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 904/2010
Article 2 – paragraph 1 – point v a (new) and point v b (new)
Article 2 – paragraph 1 – point v a (new) and point v b (new)
(1a) in Article 2, pargraph 1, the following points are added: '(va) European Delegated Prosecutors” means the staff of the EPPO referred to in Article 13 of Council Regulation 2017/1939; (vb) staff of the EPPO” means staff of the EPPO as defined in Article 2 point 4 of Regulation 2017/1939.'
Amendment 66 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 904/2010
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
(3a) in Article 17, the following paragraph is inserted: ‘1a. The information referred to in paragraph 1 collected through e-invoicing and e-reporting shall not be stored outside the territory of the Union.’
Amendment 69 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2006/112/EC
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 71 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EU) No 904/2010
Article 33 – paragraph 2 – point d a (new)
Article 33 – paragraph 2 – point d a (new)
(3c) in Article 33, paragraph 2, the following point is added: ‘(da) cooperate with the EPPO within its respective mandate and competences.’
Amendment 72 #
2022/0409(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EU) No 904/2010
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
(3d) in Article 36, the following paragraph is added: ‘(5a) In so far as necessary for the performance of their tasks, European Delegated Prosecutors may request relevant information from any Eurofisc working field coordinator located in the same Member State as the European Delegated Prosecutor. In so far as necessary for the performance of their tasks, staff of the EPPO which has been designated by the EPPO for that purpose may request information from any Eurofisc working field coordinator located in one of the Member States that participate in enhanced cooperation on the establishment of the EPPO. To that end, Eurofisc may conclude a working arrangement with EPPO setting out the details of the cooperation between Eurofisc and the EPPO.’
Amendment 102 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24k – paragraph 2 – point b a (new)
Article 24k – paragraph 2 – point b a (new)
(ba) European Delegated Prosecutors and staff of the EPPO which has been designated by the EPPO for that purpose;
Amendment 103 #
2022/0409(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Regulation (EU) No 904/2010
Article 24k – paragraph 2 – point d
Article 24k – paragraph 2 – point d
(d) the electronic systems carrying out swift exchange, processing and analysis of targeted information on cross-border fraud by Eurofisc and EPPO.
Amendment 89 #
2022/0407(CNS)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
-1 The package ‘VAT in the Digital Age’ aims to ensure full respect for fundamental rights to privacy and personal data protection, as well as the applicability of Regulations (EU) 2016/6791a and (EU) 2018/17251b of the European Parliament and of the Council to the processing of personal data. The information collected should only be able to be processed for the purpose of combating fraud by the competent tax authorities.
Amendment 90 #
2022/0407(CNS)
Proposal for a directive
Recital -1 a (new)
Recital -1 a (new)
-1a The collection of individuals' personal data should not under any circumstances infringe on the right to privacy of individuals. Otherwise, it would be considered as equivalent to unlawful surveillance. Information contained in invoices may reveal sensitive information concerning specific natural persons, such as information concerning purchased goods (including intimate products), travel arrangements or legal services.
Amendment 113 #
2022/0407(CNS)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Summary invoices save time and costs and reduce the administrative burden related to invoicing. Moreover, they reduce the possibility of errors and simplify the work for suppliers and customers thanks to simplified record keeping. However, they could also be misused for fraud. Therefore summary invoices should remain for domestic business to business transactions and only covering a limited period of time.
Amendment 114 #
2022/0407(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate for taxable persons the transmission of the invoice data, Member States should put at the disposal of the taxable persons the necessary means for such transmission, which should allow that the data is sent by the taxable person directly or by a third party on that taxable person’s behalf. In particular SMEs, VSEs and not-for-profit bodies should be provided with the financial and other means that are necessary for such transmission.
Amendment 122 #
2022/0407(CNS)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Digitisation makes companies increasingly vulnerable to cybercrime and hacker attacks. The Commission and the Member States should ensure, each as far as they are concerned, the protection of data against cyber-attacks and attacks by hackers or zappers, during their transmission, transaction by transaction, and during their storage by tax authorities.
Amendment 137 #
2022/0407(CNS)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) As the establishment of a deemed supplier model will entail additional costs for small platforms concerned, incentives should be provided to encourage them to comply as soon as possible in order not to further strengthen the position of big platforms.
Amendment 151 #
2022/0407(CNS)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Recognising the importance of sustainable practices, it is important to ensure that the method for calculating the VAT on the profit margin for the sale of second-hand and collectible goods is simple and clear. The Union should consider whether other calculation methods (for example, an average VAT margin rate provided by the seller and by category of objects) are needed in order to improve the application and workings of the VAT margin scheme for second-hand goods.
Amendment 152 #
2022/0407(CNS)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39b) Some Member States do not generally exempt in kind donations from VAT, leading businesses to destroy consumer goods, notably returns, rather than donating them to charitable causes, even though such an exemption is possible under the existing VAT Directive. The Commission should issue guidance to Member States, clarifying that VAT exemptions for in kind donations are compatible with the existing Union law on VAT.
Amendment 153 #
2022/0407(CNS)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) The expansion of cloud computing services, as a result of digital reporting requirements, may lead to an increase in greenhouse gas emissions. The Commission should take measures and provide incentives to ensure the "greening" of the digital sector, for example by centralising data centres to optimise their functioning, by helping companies to use renewable energies instead of fossil fuels to power them and by using artificial intelligence to reduce their pollution.
Amendment 178 #
2022/0407(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/112/EC
Article 135 – paragraph 3
Article 135 – paragraph 3
3. The uninterrupted rental of accommodation for a maximum of 4530 days with or without the provision of other ancillary services shall be regarded as having a similar function to the hotel sector.;
Amendment 181 #
2022/0407(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 10 Directive 2006/112/EC
Article 2 – paragraph 1 – point 10 Directive 2006/112/EC
For the purposes of the exemption provided for in paragraph 1, point (ca), the Commission shall adopt an implementing act to introduce special measures to prevent certain forms of tax evasion or avoidance by, inter alia, linking the unique consignment number with the corresponding VAT identification number as referred to in Article 369q. It shall inform the European Parliament and EPPO thereof.
Amendment 206 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
Directive 2006/112/EC
Article 222 – paragraph 1
Article 222 – paragraph 1
For supplies of goods carried out in accordance with the conditions specified in Article 138 or for supplies of goods or services for which VAT is payable by the customer pursuant to Articles 194 and 196, an invoice shall be issued no later than 210 working days following the chargeable event.;
Amendment 212 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
2006/112/EC
Article 223 – paragraph 1
Article 223 – paragraph 1
(5) in Article 223 is deleted;, the first paragraph is replaced by the following: ‘In accordance with conditions to be laid down by the Member States in whose territory goods or services are domestically supplied, a summary invoice may be drawn up for several separate supplies of goods or services covering not more than a period of 1 month.’
Amendment 14 #
2022/0147(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance and off-premises is required in order to enhance consumer confidence in distance selling and off-premises sales.
Amendment 18 #
2022/0147(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Ensuring the same highan adequate level of consumer protection across the internal market is best achieved through fullminimum harmonisation. FullMinimum harmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalentsufficiently high level of protection of their interests and to create a well-functioning internal market. Member States should therefore not be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive, with the exception of such provisions that raise the level of consumer protection beyond the harmonised minimum level specified in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation.
Amendment 23 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract. Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the informadequate explanations to be provided to the consumer prior to the conclusion of the contract. __________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 35 #
2022/0147(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader should provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective from a contract easily, for example through use of thea withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use. The goal is to allow or another interactive tool. The use of this option should always be recorded on the side of the trader and the trader should ensure that it is visible and easy to reach. The trader shall inform other options of withdrawal and options that may be suitable for different devices. An explicit provision should also be included that specifies the information that the consumer is provided with during the commencement and the termination of the contract. consumer with simple and easily located information on termination of the contract, specifically the consequences termination would entail and the mechanisms via which it is executed. Or. enJustification
Amendment 40 #
2022/0147(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Marketing communications can heavily influence the decisions of retail investors about if and how to invest. Retail investors, and especially the younger, less experienced investors, are significantly exposed, especially on social media, for example through influencers, to misleading advertising promising a high return on investment without appropriate information of the risks. It is therefore necessary to require that any financial advertising is accompanied by a prominent warning about uncertain performances and risks of losing all the investment.
Amendment 42 #
2022/0147(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Comparison tools and automated advisors may combine the provision of advice with the sale of financial services. This practice often leads to misleading advice favouring certain offers over others. To allow consumers to take their decision based on unbiased advice, only comparison tools and automated advisors fulfilling a number of quality requirements should be allowed to identify themselves as such.
Amendment 47 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘(1b) ‘Articles 1 and 2, Article 3(2), (5) and (6), Article 46a, Articles 11a and 11b, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25 andto 267 shall apply to distance contracts and off-premises contracts concluded between a trader and a consumer for the supply of financial services.’
Amendment 50 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 2
Article 3 – paragraph 1b – subparagraph 2
Where contracts referred to in the first subparagraph comprise an initial service agreement followed by successive operations or a series of separate operations of the same nature performed, however, no operation of the same nature is performed for more than two years, the next operation will be deemed to be the first in a new series of ovper atimeons, the provisions referred to in the first subparagraph shall apply only to the initial agreement.
Amendment 59 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number and email address; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address, and identity, telephone number and email address of the trader on whose behalf he is acting;
Amendment 61 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point c
Article 16a – paragraph 1 – point c
(c) if different from the address information provided in accordance with point (b), the geographical address of the place of business of the trader, telephone number and email address and, where applicable, those that of the trader on whose behalf he is acting, where the consumer can address any complaints;
Amendment 82 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
Amendment 87 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2a (new)
Article 16a – paragraph 2a (new)
2 a. If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in points(f),(g),(i),(l), (m) and(q)of Article 16a(1). The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘Order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader does not comply with this subparagraph, the consumer shall not be bound by the contract or order.
Amendment 102 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a a (new)
Article 16a a (new)
Article 16a a (new) Cancellation option Member States shall ensure that the trader provides a possibility to use a simple cancellation option for long-term contracts in order to facilitate the consumer’s exercise of the right to terminate a contract if such a right to terminate the contract, different from the right of withdrawal, is foreseen under EU or national law. Such an option shall be clearly labelled with the words ‘Cancel contract’ or a corresponding unambiguous formulation. The cancellation option shall be placed in a prominent manner and permanently available on the same electronic interface as the one used to conclude the distance contract and directly and easily accessible on the website of the trader. The simple cancellation option shall then inform the consumer about cancellation possibilities for different contracts and about costs associated with the cancelation. The consumer should be able to commence the cancelation procedure as simply as possible thereafter. The trader shall inform the consumer without delay: a) when the right to terminate a contract is not applicable for the selected contract or; b) on further requirements to complete the cancellation process followed by a confirmation once the process is completed. Where a trader does not provide a simple cancellation option to the consumer in conformity with this paragraph, the consumer shall have the right to terminate the contract without any period of notice.
Amendment 112 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 1
Article 16b – paragraph 5 – subparagraph 1
Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use the trader provides a possibility to use a simple withdrawal option, for example in a form of a withdrawal button, in order to facilitate the consumer’s exercise of the right of withdrawal. Such buttoption shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation.
Amendment 117 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract and directly and easily accessible on the website of the trader. Where a confirmation e-mail is sent after the conclusion of the contract, it shall also include the withdrawal option. In addition, the trader may also provide the withdrawal buttoption through another channel.
Amendment 120 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activation of the simple withdrawal buttoption results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium. The trader shall inform the consumer without delay: a) whether the right of withdrawal is not applicable for the selected contract or; b) on further requirements to complete the withdrawal process followed by a confirmation once the process is completed.
Amendment 123 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3 a (new)
Article 16b – paragraph 5 – subparagraph 3 a (new)
The activation of the simple withdrawal option shall require consumers to identify themselves and the contract they want to withdraw from. The consumer shall be subsequently asked to confirm the withdrawal from the contract with a button labelled: “Withdraw now”.
Amendment 129 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 1 – introductory part
Article 16d – paragraph 1 – introductory part
1. Member States shall ensure that traders are required to provide adequate explanations to the consumer on the proposed financial services contracts that make it possible for the consumer to assess whether the proposed contract and ancillary services are adapted to his or her needs and financial situation. services and ancillary services are adapted to his or her needs and financial situation. Such explanations should be given free of charge and at least one day before concluding the agreement. The explanations shall include the following elements in simple, non-ambiguous terms:
Amendment 133 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 2 a (new)
Article 16d – paragraph 2 a (new)
2a. Member States shall require traders to document when and in what form such explanations were provided to the consumer.
Amendment 134 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 2 b (new)
Article 16d – paragraph 2 b (new)
2b. As regards compliance with this Article, the burden of proof shall be on the trader.
Amendment 138 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e – paragraph 1
Article 16e – paragraph 1
Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free, autonomous and informed decision or choice. Measures shall inter alia include the obligation for traders to: a) present the different options to consumers in an equivalent and non- preferential way, and b) present ancillary contracts in a neutral manner. __________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 141 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e a (new)
Article 16e a (new)
Article 16ea Comparison tools and automatic advisors Member States shall impose the following conditions on the use of the term ‘comparison-tool’ or ‘automated advisors’. A ‘comparison-tool’ or ‘automated advisor’ represents an entity such that the service: (a) acts in an operationally independent way by ensuring that financial service providers are given equal treatment in search results; (b) clearly discloses their owners; (c) sets out clear, objective criteria on which the comparison or advice will be based; (d) uses plain and unambiguous language and, where applicable, standardised terms; (e) provides accurate and up-to-date information, and states the time of the last update; (f) provides an effective procedure to report incorrect information; (g) clearly discloses if the comparison tool profits from any provisions from the traders. Where operators of comparison tools, automated advisors or robo-advisors do not fulfil these criteria, they shall clearly identify themselves as traders of financial services.
Amendment 144 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e b (new)
Article 16e b (new)
Article 16eb Advertising Member States shall require that advertising concerning financial services concluded at a distance includes, where relevant, a clear, prominent and concise risk warning, indicating that the financial service is related to instruments involving special risks related to their specific features or the operations to be executed or whose price depends on fluctuations in the financial markets outside the supplier's control and that historical performances are no indicators for future performances. Member States shall require that any persons who advertises a financial product disclose the nature, source and amount of compensation received in exchange for the advertising.
Amendment 100 #
2022/0085(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The differences between Union institutions, bodies and agencies require flexibility in the implementation since one size will not fit all. The measures for a high common level of cybersecurity should not include any obligations directly interfering with the exercise of the missions of Union institutions, bodies and agencies or encroaching on their institutional autonomy. Thus, those institutions, bodies and agencies should establish their own frameworks for cybersecurity risk management, governance and control, and adopt their own baselines and cybersecurity plans, based on the common framework set by this regulation.
Amendment 104 #
2022/0085(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to avoid imposing a disproportionate financial and administrative burden on Union institutions, bodies and agencies, the cybersecurity risk management requirements should be proportionate to the risk presented by the network and information system concerned, taking into account the state of the art of such measures. Each Union institution, body and agency should aim to allocate an adequate percentage of its IT budget to improve its level of cybersecurity; in the longer term a target in the order ofat least 105% should be pursued.
Amendment 106 #
2022/0085(COD)
(9) A high common level of cybersecurity requires cybersecurity to come under the oversight of an EU common board working with the highest level of management of each Union institution, body and agency, who should approve a cybersecurity baseline that should address the risks identified under the framework to be established by each institution, body and agency. Addressing the cybersecurity culture, i.e. the daily practice of cybersecurity, ismust become an integral part of a cybersecurity baseline in all Union institutions, bodies and agencies.
Amendment 108 #
2022/0085(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Union institutions, bodies and agencies should assess risks related to relationships with suppliers and service providers, including providers of data storage and processing services or managed security services, and take appropriate measures to address them. These measures should form part of the cybersecurity baseline and be further specified in guidance documents or recommendations issued by CERT-EU. When defining measures and guidelines, due account should be taken of relevant EU legislation and policies, including risk assessments and recommendations issued by the NIS Cooperation Group, such as the EU Coordinated risk assessment and EU Toolbox on 5G cybersecurity. In addition, considering the threat landscape and the importance of building up resilience for the Union institutions, bodies and agencies certification of relevant ICT products, services and processes couldmust be required, under specific EU cybersecurity certification schemes adopted pursuant to Article 49 of Regulation EU 2019/881.
Amendment 118 #
2022/0085(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The IICB should monitor compliance with this Regulation as well as follow-up of guidance documents and recommendations, and calls for action issued by CERT-EU. The IICB should be supported on technical matters by technical advisory groups composed as the IICB sees fit, including data protection institutions such as EDPS, which should work in close cooperation with CERT-EU, the Union institutions, bodies and agencies and other stakeholders as necessaryappropriate. Where necessary, the IICB should issue non- binding warnings and recommendquests for audits.
Amendment 122 #
2022/0085(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In supporting operational cybersecurity, CERT-EU should make use of the available expertise of the European Union Agency for Cybersecurity through structured cooperation as provided for in Regulation (EU) 2019/881 of the European Parliament and of the Council5 . Where appropriate, dDedicated arrangements between the two entities shouldall be established, within the two first years of entry into force of this Regulation, to define the practical implementation of such cooperation and to avoid the duplication of activities. CERT- EU should cooperate with the European Union Agency for Cybersecurity on threat analysis and share its threat landscape report with the Agency on a regular basis. _________________ 5 Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15).
Amendment 124 #
2022/0085(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) As the services and tasks of CERT- EU are in the interest of all Union institutions, bodies and agencies, each Union institution, body and agency with IT expenditure should contribute a fair shareproportionally to those services and tasks. Those contributions are without prejudice to the budgetary autonomy of the Union institutions, bodies and agencies.
Amendment 126 #
2022/0085(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The IICB, with the assistance of CERT-EU, should review and evaluate the implementation of this Regulation and should report its findings to the Commission. Building on this input, the Commission should report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions every year.
Amendment 128 #
2022/0085(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 17 May 2022.
Amendment 129 #
2022/0085(COD)
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25 b) All cybersecurity systems and services involved in the prevention, detection, and response to cyber threats should be compliant with the current data protection and privacy framework, and should take relevant technical and organisational safeguards to ensure this compliance in an accountable way.
Amendment 130 #
2022/0085(COD)
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25 c) The use of technologies for improving cybersecurity should not unduly interfere with the rights and freedoms of individuals. To avoid or mitigate those risks, data protection by design and by default requirements laid down in Article 27 of Regulation (EU) 2018/1725, should apply. Appropriate safeguards include pseudonymisation, encryption, data accuracy, data minimization, in the design, development and use of cybersecurity technologies and systems.
Amendment 131 #
2022/0085(COD)
Proposal for a regulation
Recital 25 d (new)
Recital 25 d (new)
(25 d) A peer-review mechanism should be introduced, allowing the assessment by experts drawn from one institution and one body or agency different from the one being reviewed of the implementation of cybersecurity policies, including the level of institutions, bodies and agencies’ capabilities and available resources.
Amendment 135 #
2022/0085(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) obligations on Union institutions, bodies, offices and agencies to establish an internal cybersecurity risk management, governance and control framework; (This amendment applies across the text, adding the word "offices" and aligning the reference to Union institutions, bodies, offices and agencies with the title whenever the wording "Union institutions, bodies and agencies" is used)
Amendment 145 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘highest level of management’ means a manager, management or coordination and oversight body at the most senior administrative level, taking account of the high-level governance arrangements in each Union institution, body or agency and without prejudice to the formal responsibilities of other levels of management for compliance and risk management in their respective areas of responsibility;
Amendment 150 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘significant incident’ means any incident unless it has limited impact and is likely to be, is already well understood in terms of method or technology and has been mitigated;
Amendment 154 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘major attack’ means any incident requiring more resources than are available at the affected Union institution, body or agency and at CERT-EU;
Amendment 162 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘cybersecurity risk’ means any reasonably identifiable circumstance or event having a potential adverse effect on the security of network and information systems;
Amendment 170 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘Joint Cyber Unit’ means a virtual and physical platform for cooperation for the different cybersecurity communities in the Union, with a focus on operational and technical coordination against major cross-border cyber threats and incidents within the meaning of Commission Recommendation of 23 June 2021;
Amendment 176 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. EBased on an full cybersecurity audit each Union institution, body and agency shall establish its own internal cybersecurity risk management, governance and control framework (‘the framework’) in support of the entity’s mission and exercising its institutional autonomy. This work shall be overseen by the entity’s highest level of management and be in its responsibility in order to ensure an effective and prudent management of all cybersecurity risks. The framework shall be in place by …. at the latest [15 months after the entry into force of this Regulation].
Amendment 185 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The highest level of management of each Union institution, body and agency shall provide oversight over the compliance of their organisation with the obligations related to cybersecurity risk management, governance, and control, without prejudice to the formal responsibilities of other levels of management for compliance and risk management in their respective areas of responsibility, such as data protection.
Amendment 188 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Each Union institution, body and agency shall appoint a Local Cybersecurity Officer or an equivalent function who shall act as its single point of contact regarding all aspects of cybersecurity. The Local Cybersecurity Officer shall cooperate with the data protection officer in accordance with Article 43of Regulation (EU) 2018/1725, when dealing with overlapping activities applying data protection by design and by default to cybersecurity measures, selecting cybersecurity measures that involve protection of personal data, integrated risk management, and integrated security incident handling;
Amendment 195 #
2022/0085(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The highest level of management of each Union institution, body and agency shall approve the entity’s own cybersecurity baseline to address the risks identified under the framework referred to in Article 4(1). It shall do so in support of its mission and exercising its institutional autonomy in full compliance with the requirements of this regulation, following the guidance and recommendations of IICB and CERT-EU and implementing the applicable EU cybersecurity schemes. The cybersecurity baseline shall be in place by …. at the latest [18 months after the entry into force of this Regulation] and shall address the domains listed in Annex I and the measures listed in Annex II.
Amendment 200 #
2022/0085(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The senior management and staff of each Union institution, body and agency shall follow specific trainings on a regular basis to gain sufficient knowledge and skills in order to apprehend and assess cybersecurity risk and management practices and their impact on the operations of the organisation.
Amendment 205 #
2022/0085(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Each Union institution, body and agency shall carry out a cybersecurity maturity assessment at least every threewo years, incorporating all the elements of their IT environment as described in Article 4, taking account of the relevant guidance documents and recommendations adopted in accordance with Article 13. The maturity assessment must be based on cybersecurity audits.
Amendment 211 #
2022/0085(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Following the conclusions derived from the maturity assessment and considering the assets and risks identified pursuant to Article 4, the highest level of management of each Union institution, body and agency shall approve a cybersecurity plan without undue delay after the establishment of the risk management, governance and control framework and the cybersecurity baseline. The plan shall aim at increasing the overall cybersecurity of the concerned entity and shall thereby contribute to the achievement or enhancement of a high common level of cybersecurity among all Union institutions, bodies and agencies. To support the entity’s mission on the basis of its institutional autonomy, the plan shall at least include the domains listed in Annex I, the measures listed in Annex II, as well as measures related to incident preparedness, response and recovery, such as security assessment of the suppliers and services, monitoring and logging. The plan shall be revised at least every threewo years, following the maturity assessments carried out pursuant to Article 6.
Amendment 214 #
2022/0085(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The cybersecurity plan shall include staff members’ roles, preparedness and responsibilities for its implementation.
Amendment 217 #
2022/0085(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The cybersecurity plan shall consider anyinclude the measures foreseen in all applicable guidance documents and recommendations issued by CERT-EU.
Amendment 219 #
2022/0085(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) monitoring the implementation of this Regulation by the Union institutions, bodies and agencies and making recommendations for achieving a common high level of cybersecurity;
Amendment 224 #
2022/0085(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – point k a (new)
Article 9 – paragraph 3 – subparagraph 1 – point k a (new)
(k a) the European Data Protection Supervisor (EDPS).
Amendment 228 #
2022/0085(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Members shall be nominated on a gender balance principle and may be assisted by an alternate. Other representatives of the organisations listed above or of other Union institutions, bodies and agencies may be invited by the chair to attend IICB meetings without voting power.
Amendment 243 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(a a) approve, on the basis of a proposal from the Head of CERT-EU, recommendations for achieving a common high level of cybersecurity, aimed at one or all Union institutions, bodies, offices and agencies;
Amendment 248 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i
Article 10 – paragraph 1 – point i
(i) establish as many technical advisory groups as necessary to assist the IICB’s work, approve their terms of reference and designate their respective chairs.
Amendment 249 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i a (new)
Article 10 – paragraph 1 – point i a (new)
(i a) Approve the methodology and content of a peer-review system for assessing the effectiveness of the institutions, bodies and agencies’ cybersecurity policies. The reviews shall be conducted by cybersecurity technical experts drawn from one institution and one body or agency different from the one being reviewed. The results of the peer- reviews shall be used in fulfilling the obligations foreseen in articles 7 and 8.
Amendment 265 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) recommendquest a relevant audit service to carry out an audit.;
Amendment 266 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(b a) inform the European Court of Auditors about the lack of compliance.
Amendment 275 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) raise to the attention of the IICB any issue relating to the implementation of this Regulation and of the implementation of the guidance documents, recommendations and calls for action and make proposals for recommendations;
Amendment 278 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point e a (new)
Article 12 – paragraph 2 – point e a (new)
(e a) conduct regular risk analysis of the interconnectivity among the Union institutions, bodies, offices and agencies.
Amendment 283 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. CERT-EU may provide to the Union institutions, bodies, offices and agencies the following services not described in its service catalogue (‘chargeable services’):
Amendment 285 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. CERT-EU mayshall organise cybersecurity exercises or recommend participation in existing exercises, in close cooperation with the European Union Agency for Cybersecurity whenever applicable, to test the level of cybersecurity of the Union institutions, bodies, offices and agencies on a regular basis.
Amendment 288 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. CERT-EU mayshall provide assistance to Union institutions, bodies, offices and agencies regarding incidents in classified IT environments if it is explicitly requested to do so by the constituent concerned.
Amendment 291 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. The processing of personal data carried out by CERT-EU under this Regulation shall be subject to Regulation (EU) 2018/1725 of the European Parliament and of the Council.
Amendment 293 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7 b. CERT-EU shall inform the EDPS when addressing significant vulnerabilities, significant incidents or major attacks that have the potential to result in personal data breaches and/or in the breach of confidentiality of electronic communications.
Amendment 294 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7 c (new)
Article 12 – paragraph 7 c (new)
7 c. CERT-EU shall inform the EDPS about preventive cybersecurity activities that would result in the collection of personal data.
Amendment 295 #
2022/0085(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) proposals to the IICB for recommendations addressed to individual or all Union institutions, bodies, offices and agencies.
Amendment 299 #
2022/0085(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) where appropriate, the use of common technology, open-source architecture and associated best practices with the aim of achieving control, interoperability and common standards within the meaning of Article 4(10) of Directive [proposal NIS 2].
Amendment 310 #
2022/0085(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission, after having obtained the unanimous approval of the IICB, shall appoint the Head of CERT-EU. The IICB shall be consulted at all stages of the procedure prior to the appointment of the Head of CERT-EU, in particular in drafting vacancy notices, examining applications and appointing selection boards in relation to this post. The final list of candidates shall include at least one men and one woman.
Amendment 316 #
2022/0085(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. CERT-EU may exchange incident- specific information with national counterparts in the Member States to facilitate detection of similar cyber threats or incidents without the consentauthorization of the affected constituent, as long as personal data is protected according to applicable GDPR provisions.. CERT-EU may only exchange incident-specific information which reveals the identity of the target of the cybersecurity incident with the consentauthorization of the affected constituent and in full compliance with applicable GDPR provisions.
Amendment 324 #
2022/0085(COD)
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. Information on the completion of security plans by the Union institutions, bodies, offices and agencies shall be shared with the discharge authorities;
Amendment 325 #
2022/0085(COD)
Proposal for a regulation
Article 18 – paragraph 5 b (new)
Article 18 – paragraph 5 b (new)
Amendment 333 #
2022/0085(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. CERT-EU may only exchange incident-specific information which reveals the identity of the Union institution, body or agency affected by the incident with the consent of that entity. CERT-EU may only exchange incident-specific information which reveals the identity of the target of the cybersecurity incident with the consent of the entity affected by the incident. In all cases, personal data shall be treated in accordance with applicable GDPR provisions.
Amendment 344 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Amendment 362 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 372 #
2022/0085(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Union institutions, bodies and agencies shall contribute to the inventory of available technical expertise by providing an annually updated list of experts available within their respective organisations detailing their specific technical skills.
Amendment 373 #
2022/0085(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. With the approval of the concerned Union institutions, bodies and agencies, CERT-EU may also call on experts from the list referred to in paragraph 2 for contributing to the response to a major attack in a Member State, in line with the Joint Cyber Unit’s operating procedures. Specific rules on access to and use of technical experts from Union institutions, bodies, offices and agencies shall be approved by IICB at the proposal of CERT EU.
Amendment 379 #
2022/0085(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
The Commission shall propose the reallocation of staff and financial resources from relevant Union institutions, bodies, offices and agencies to the Commission budget for the use of CERT-EU operations. The reallocation shall be effective at the same time as the first budget adopted following the entry into force of this Regulation.
Amendment 390 #
2022/0085(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7
Annex I – paragraph 1 – point 7
(7) system acquisition, development and, maintenance and transparency of the source code;
Amendment 391 #
2022/0085(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 a (new)
Annex I – paragraph 1 – point 7 a (new)
(7 a) cybersecurity audits;
Amendment 392 #
2022/0085(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 7 b (new)
Annex I – paragraph 1 – point 7 b (new)
(7 b) IT staff workload and overall satisfaction;
Amendment 397 #
2022/0085(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 a (new)
Annex II – paragraph 1 – point 2 a (new)
(2 a) the large scale deployment of end to end encrypted communications, including mandatory end to end encrypted messaging services, email encryption and secure digital signing;
Amendment 398 #
2022/0085(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 b (new)
Annex II – paragraph 1 – point 2 b (new)
(2 b) ensuring privacy by design and the enhanced security of all personal data;
Amendment 399 #
2022/0085(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 c (new)
Annex II – paragraph 1 – point 2 c (new)
(2 c) the large scale deployment and development of open source software, including inter-institutional software re- use and migrating from software solutions and service based on non-auditable source code;
Amendment 400 #
2022/0085(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 a (new)
Annex II – paragraph 1 – point 3 a (new)
(3 a) regular cybersecurity training of staff members;
Amendment 401 #
2022/0085(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 b (new)
Annex II – paragraph 1 – point 3 b (new)
(3 b) the deployment of mandatory penetration tests, based on the recommendation of CERT-EU;
Amendment 402 #
2022/0085(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 c (new)
Annex II – paragraph 1 – point 3 c (new)
(3 c) participation in interconnectivity risk analyses between the Union institutions, bodies and agencies;
Amendment 25 #
2022/0084(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) While ensuring a high level of protection for information, this Regulation is also providing a clear framework to enhance transparency, minimising and limiting in time the use of confidential documents, providing safeguards against use of classification that would prevent Union institutions and bodies to fulfil their mission and ensuring that the whistleblowers are adequately protected.
Amendment 29 #
2022/0084(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The principle of information security risk management should be at the core of the policy to be developed in the field by each Union institution and body. While the minimum requirements laid down in this Regulation must be met, each Union institution and body should adopt specific security measures for protecting information in accordance with the results of an internal risk assessment. In the same way, the technical means to protect the information should be adapted to the specific situation of each institution and body. However, the specific security measures should not constitute an impediment for the activity of other institutions and legal access to information, as for example unduly limiting the acces of the Members of European Parliament to the information produced or held by the European Commission.
Amendment 61 #
2022/0084(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Coordination Group shall adopt guidance documents on EUCI creation and classification, implementing the principle of minimisation of the use of classification and limiting in time the duration of such classification; The guidance must contain rules on assessment and justification for classifying information and material, aimed at increasing transparency and avoiding unjustified lock-in effects.
Amendment 62 #
2022/0084(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. In the case of the European Commission and the European Parliament, in the event of any doubt as to the confidential nature of an item of information or its appropriate level of classification, the two institutions shall consult each other without delay and before transmission of the document. In these consultations, Parliament shall be represented by the chair of the parliamentary body concerned, accompanied, where necessary, by the rapporteur, or the office-holder who submitted the request. The Commission shall be represented by the Member of the Commission with responsibility for that area, after consultation of the Member of the Commission responsible for security matters. In the event of a disagreement, the matter shall be referred to the Presidents of the two institutions so that they may resolve the dispute.
Amendment 63 #
2022/0084(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. This Article is without prejudice to Regulation No 1049/2001 regarding public access to European Parliament, Council and Commission documents.
Amendment 64 #
2022/0084(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3 a. The persons who report, within the organisation concerned or to an outside authority, or disclose to the public EUCI on a wrongdoing, obtained in a work- related context, help preventing damage and detecting threat or harm to the public interest that may otherwise remain hidden, is exempted from administrative and criminal liability.
Amendment 66 #
2022/0084(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point f a (new)
Article 41 – paragraph 1 – point f a (new)
(f a) the system owner or Information Assurance Operational Authority shall ensure that a process of identifying and reporting vulnerabilities is in place, including internal and external rewards as appropriate. This should be complemented by regular audits and penetration tests where appropriate.
Amendment 67 #
2022/0084(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The sub-group on EUCI sharing and exchange of classified information shall be composed of representatives from the Commission, the European Parliament, the Council and the European External Action Service and shall work by consensus. The sub-group shall ensure synergy with the Access to Documents Regulation and make sure that classification doesn't in itself prevent disclosure.
Amendment 69 #
2022/0084(COD)
Proposal for a regulation
Article 54 – paragraph 1 a (new)
Article 54 – paragraph 1 a (new)
1 a. The conditions in paragraph 1 letter a) are considered to be fulfilled when acces to EUCI is needed in order to fulfil the institution mandate or mission, as entrusted by the EU legislation, or would otherwise encroach on heir institutional autonomy.
Amendment 3 #
2021/2234(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— having regard to the Opinion No 1/2021 of January 2021by the OLAF Supervisory Committee on OLAF’s recommendations not followed by the relevant authorities,
Amendment 9 #
2021/2234(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the PIF report highlights the risks related to the COVID-19 pandemic both in terms of revenue and expenditure; notesis concerned in particular that customs fraud appears to have affected EU Member States to differing degrees; notes, moreover, that the use of simplified procedures and the lower quality of tender specifications in the emergency pose high risks to competitive public procurement, in particular by increasing the risk of conflicts of interest and corruption, and by inflating costs or reducing the quality of implementation; calls on all Members States to keep a high level of checks and monitoring on emergency spending, in case of urgent procedures done as an ex- post control, use emergency procurement on the basis of a case-by-case assessment and finally complete the transition to e- procurement processes;
Amendment 17 #
2021/2234(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Observes that in 2020, 451 irregularities were reported as revenue related fraud, 9 % lower than the average number of cases reported each year for 2016-2020; notes, moreover, that the affected amount of TOR estimated and established (EUR 108 million) in 2020 was 6 % greater than the average estimated and established amount for each year in 2016- 2020; notes that most cases reported in 2020 as fraudulent or non-fraudulent affecting EU revenue relate to undervaluation, incorrect classification/mis-description of goods or smuggling; notes, moreover, that inspections by national anti-fraud services were the most successful method of detecting fraud and that they surpassed post-release controls and release controls in detecting fraudulent duty evasion;
Amendment 19 #
2021/2234(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 23 #
2021/2234(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes that the PIF report mentions the importance of transparency with regards to the use of the public funds, as it constitutes a deterrent element and involves civil society in improving trust; calls on the Commission to work towards increasing transparency of beneficiaries, including contractors, sub-contractors and beneficial owners of EU funds; calls on Member States to also strengthen transparency in the use of EU funds, particularly for emergency procurement, since 8 Member States reported that they have still not done so;
Amendment 25 #
2021/2234(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that, over the period 2016- 2020, the detection of fraud in the context of the common agricultural policy (CAP) was concentrated in a small number of Member States and that this was not substantiated by a similar level of payments to those Member States from the CAP budget; is concerned by the fact that the reporting of fraud related to rural development for 2014-2020 had a slow start, which might indicate insufficient detection efforts in EU Member States; notes moreover that, the majority of fraudulent irregularities concerning support to agriculture involved the use of false documents or false requests for aid, and that their number remained largely stable; observes furthermore that, as a proportion of the payments received by the Member States, the rural development part of the budget was more affected by fraud than support for agriculture, with the exception of market measures, for which incidences of fraud were higher than for rural development; notes that in relation to rural development, the falsification of documents was the main fraudulent practice;
Amendment 44 #
2021/2234(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. CReiterates its calls on the Member States to use the ARACHNE risk scoring tool in the MFF 2021-2027 and the NextGenerationEU recovery plan, especially with regard to the implementation of the Recovery and Resilience Facility (RRF); believes that ARACHNE should be indicated as a one of the main tools endowing the national anti- fraud strategies (NAFS) that the Member States are expected to adopt in order to improve the integration of anti-fraud architecture; calls on the Commission to provide full direct access to ARACHNE for OLAF, EPPO and ECA;
Amendment 54 #
2021/2234(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. NotesIs concerned that by the end of 2020, only 14 Member States reported having adopted a NAFS, up from 10 in 2019; notes, however, that these strategies vary in scope and depth and that some need to be updated; is further concerned that 8 Member States have no yet started working on setting up their NAFS; calls for more Member States to adopt a NAFS and to report it to the Commission;
Amendment 59 #
2021/2234(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is concerned about the decrease of the indictment rate from 53 % in the 2007- 2014 period to 37 % in the 2016-2020 period in the cases put forward to the Member States by OLAF; calls on the Member States’ authorities to cooperate closely with OLAF and examine the transmitted investigation reports and the judicial recommendations carefully, and to open criminal cases wherever they are necessary to ensure that misused EU funds are recovered; invites OLAF to investigate the reasons for the low indictment ratefollow the recommendations of the Supervisory Committee in its Opinion No 1/2021, such as the review the current system of monitoring procedures and the more timely cooperation with national judicial authorities; calls on OLAF to regularly follow up on its judicial recommendations and add data about them into its annual report;
Amendment 63 #
2021/2234(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Notes that the Hercules programme III was deployed by OLAF to strengthen the operational capacity of national and regional anti-fraud authorities in the domain of training activities and IT support until 2020;notes that the assessment of Hercules III was finalised at the end of 2021 and concluded that the programme was highly relevant and effective in protecting the EU’s financial interests, as it successfully met its general, specific and operational objectives; notes that Hercules III has been replaced by the Union Anti-Fraud Programme for the duration of the multiannual financial framework 2021- 2027;
Amendment 68 #
2021/2234(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the fact that the EPPO became operational on 1 June 2021; expects its first annual report very soon; deeply regrets that there are still five Member States not participating in the EPPO, including Poland, Hungary, Sweden, Denmark and Ireland; calls on these Member States to join the EPPO as soon as possible; is concerned that Poland refuses any kind of cooperation with the EPPO, while, from the non-participating countries, it counts the highest number of investigations involving its citizens;
Amendment 80 #
2021/2234(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Welcomes the adoption of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget; notes the ruling of the European Court of Justice of 16 February 2022 dismissing he actions by Hungary and Poland against the Rule of Law Conditionality Regulation, as well as the Court’s conclusions that the regulation is perfectly in line with EU law; reiterates that it entered into force on 1 January 2021 and that it has therefore been applicable since then;
Amendment 85 #
2021/2234(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Is of the opinion that it is high time for the Commission to fulfil its duties as ‘guardian of the Treaties’ and to tackle the ongoing violations of the principles of the rule of law in several Member States like Poland and Hungary, which represent a serious danger to the Union’s financial interests; calls on the Commission, therefore, to take urgent action and apply the Rule of Law Conditionality Mechanism immediately by sending a written notification under Article 6(1) of Regulation (EU, Euratom) 2020/2092;
Amendment 94 #
2021/2234(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Considers that the financing of the EU has entered a new era with the adoption of the NextGenerationEU recovery plan and that this provides the EU’s anti-fraud architecture with additional challenges; is therefore strongly of the opinion that the anti-fraud architecture needs to be further strengthened; stresses that OLAF, the EPPO, Europol and Eurojust are understaffed and lacking in financial resources; reminds the Commission and the Council that every euro spent on monitoring and investigation returns to the EU budget;
Amendment 5 #
2021/2201(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the OECD public consultation document of 22 March 2022 entitled ‘Crypto-Asset Reporting Framework and Amendments to the Common Reporting Standard’,
Amendment 6 #
2021/2201(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the use of new technologies in the EU single market and the digitalisation of tax administrations across Europe iscan facilitate better compliance and transforming relations between taxpayers, citizens and companies, as taxpayers, along with nwith national tax authorities; whereas the EU could play a leading role in ensuring that the procedural and technical aspects of the digitalisational of tax authorities, are facilitating better compliancedministrations are coordinated to avoid barriers to interoperability of national technical platforms;
Amendment 12 #
2021/2201(INI)
Motion for a resolution
Recital B
Recital B
B. whereas tax authorities face many challenges nowadays regarding effective tax enforcement and most in particular cross-border cooperation, given the acceleration of digital transactions, the increasing mobility of taxpayers, the number of cross-border transactions and the internationalisation of economic operations and business models;
Amendment 13 #
2021/2201(INI)
Motion for a resolution
Recital C
Recital C
C. whereas tax authorities need to keep up with potential risks for the sustainability of tax systems and their abilitybe provided with the tools and means to enforce national and European legal frameworks regarding taxation;
Amendment 14 #
2021/2201(INI)
Motion for a resolution
Recital D
Recital D
D. whereas new technological solutions, such as blockchain, can be used by tax administrations to better serve the needs ofcollect revenues more effectively, also from those more mobile taxpayers and lower the administrative burden for all tax payers, while such technologies can also be abused and serve as a vehicle for illicit activities, with the criminal intent to avoid paying taxes; whereas achieving policy objectives in a digitalising world and a more economically integrated internal market will require the harmonisation of technical infrastructure;
Amendment 22 #
2021/2201(INI)
Motion for a resolution
Recital E
Recital E
E. whereas tax administrations across Europe, within different degrees, are taking important steps towards the digitalisation of processes, making tax compliance easier, faster and more effective; whereas the use of new technologies is significantly different between Member States; whereas national tax administrations, in general, need a further push to realise their full potential in the field of technological and digital transformation; whereas technology can help facilitating cooperation between the different government bodies: customs, tax, social security, financial intelligence units, ministry of justice, and ministry of finance achieving a whole of government approach;
Amendment 25 #
2021/2201(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the increasing use of crypto-assets is forcing tax administrations to adapt current taxing ppose a significant risk to recent gains in global tax transparency as crypto-asset activity has reduced tax administrations’ visibility on tax- relevant activities and therefore calls for tax administractices within the single marketons to engage in cross-border collaboration and coordination;
Amendment 27 #
2021/2201(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the OECD Common Reporting Standard (CRS) has improved international tax transparency by requiring jurisdictions to obtain information on offshore assets held with financial institutions and automatically exchange that information with the jurisdictions of residence of taxpayers on an annual basis, however, crypto-assets will in most instances not fall within the scope of the CRS, which applies to traditional financial assets and fiat currencies;
Amendment 30 #
2021/2201(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there isequivalent to other tangible and international effort and commitment to better regulate the fairangible assets, crypto- assets need to be subject to taxation ofin the digital economy; whereas, in this context, it is crucial that the EU take a leading role, namely on strong cooperation between Member States to tax, in a fair and transparent way, crypto-assetsEU, tax competition leading inevitably to a race to the bottom between Member States should be avoided and curtailed;
Amendment 33 #
2021/2201(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas it is estimated that the revenue potential for the EU of taxing realized Bitcoin capital gains in 2020 could amount to approximately EUR 800million to EUR 900 million;
Amendment 40 #
2021/2201(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Union has already taken important steps towards a clear definition of crypto-assets and this definition must facilitate the fair and simple taxation of these assets; and whereas definitions of such crypto-assets must be highly aligned with international standards, namely withe OECD and the Financial Action Task Force;
Amendment 45 #
2021/2201(INI)
Motion for a resolution
Recital I
Recital I
I. whereas tax policy is a national competence, but strong cooperstrong cooperation and where needed harmonisation between Member States is essential to respond to the challenges posed to the integrity of the single market, namely and the sustainability of tax systems by the increasing the use of crypto- assets; whereas a framework of 27 significantly different taxation approaches to crypto-assets taxation could lead to significant obstacles for the fulfilment of the objectives of the European digital single marketwould be highly undesirable;
Amendment 50 #
2021/2201(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the European Union and its single market must ensure an innovation-friendly environment for companies (namely small and medium- sized enterprises (SMEs) and start-ups) regarding new technologies in the area of financial services and crypto-assets; whereas this main goal requires a strong commitment from Member States with policies, namely on taxation, thatfuture legislative proposals in the area of the taxation of crypto-assets and the utilisation of new technologies should ensure a stable, clear and certain legal framework for citizens and businesses to thrive and contribute to economic growthsustainable prosperity; whereas, finally, this effort requires strong commitment to safeguard citizens’ rights, as taxpayers and consumers of financial services;
Amendment 62 #
2021/2201(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that national tax administrations should be better equipped with the adequate resources to better serve taxpayers and ensure compliance and that, in the context ofcollect revenues, enforce rules, facilitate taxpayers and ensure compliance; calls on Member States to commit, in light of the increased challenges of the digital transition,; this means proper commitment from Member States witho investment more in human resources, training, digital infrastructures and specialised personnel and equipment;
Amendment 64 #
2021/2201(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to explore in future legislative proposals how to simultaneously set the necessary technology that puts the newly adopted legislation in motion in such way that the technology is intrinsically linked to the correct implementing of the legislation;
Amendment 68 #
2021/2201(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that adapting the IT capacities of tax authorities through new emerging technologies, such as potential distributed ledger technologies like blockchain or artificial intelligence, promises to foster intelligent, effective and efficient tax and administrative procedures, facilitate tax compliance by citizens and businesses, and increase the traceability and identification of taxable transactions in a globalised environment where cross- border transactions have increased; and ownership of tangible and intangible assets, especially above a certain threshold, in a globalised environment, and creates opportunities for better and fairer designed tax systems to tax equally mobile taxpayers and assets;
Amendment 72 #
2021/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to identify the best ways to use technology to strengthen the analytical capacity of tax administrations (through better data analysis), to standardise data to reduce administrative burdens on SMEs and citizens, to ensure that taxation better reflects the business environment in the digital age and at the same time guarantees high levels of data protection;
Amendment 73 #
2021/2201(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to set the area of coordinated action at EU level in terms of interoperability of the systems as regards standardisation of data and its automatic real-time sharing in across- border context; calls the Commission to provide for a common infrastructure that ensures automation of tax outcomes in a limited number of areas that are within the scope of already existing harmonisation – withholding taxes and VAT;
Amendment 77 #
2021/2201(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to promote an assessment of the different national policies regarding the combat against tax fraud and evasion in the field of crypto-assets, underlining best practices and potential loopholes, and taking advantage of cooperation platforms in the field of taxation, namely the Fiscalis programme; calls on the Commission and the Code of Conduct to tackle harmful tax practices in the area of crypto-assets in the EU leading to a race to the bottom;
Amendment 82 #
2021/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Invites the Commission to continue evaluating the operational impact and tax governance aspects of blockchain technology, notably through the Fiscalis programme; notes that for blockchain technology to be effective a certain level of harmonisation of the underlying rules is needed;
Amendment 91 #
2021/2201(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that crypto-assets must be subject to fair, transparent and effective taxation, in order to guarantee fair competition between businea level playing field between the tax treatment of assets in the area of financial services; understands that decisions on the taxation of crypto- assets lie with Member States, according to the Treatieand financial products and between financial services providers; invites authorities to consider a simplified tax treatment for occasional or small traders and small transactions; stands for an innovation- friendly environment in the digital single market, where entrepreneurs, SMEs and start-ups can thrive, generate growth, create jobs and contribute to economic recovery through tax revenues;
Amendment 98 #
2021/2201(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that the definition of the tax base for crypto-assets is one of the core issues for tax policy; notes that there is currently no internationally-agreed standard definition of crypto-assets and types of assets to be included; understands the need for such a definition as a main priority in the European legislative framework in order to guarantee a leading position for the Union at international level; understand the OECD,mandated by the G20, is working on a new global tax transparency framework to provide for the reporting and exchange of information with respect to crypto-assets;
Amendment 104 #
2021/2201(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that each country tends to use their own terminology when designing their national regulatory solutions to crypto-assets, which could cause legal uncertainty for citizens and companies, at the same time emerge asbe a threat to the integrity of the European single market, open the door to harmful tax competition in the EU and be exploited to undermine existing international tax transparency such as the Common Reporting Standard;
Amendment 108 #
2021/2201(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the rapid growth of crypto-assets4 refers to the key question ofmakes it urgent to have rules in place defining the type of taxation to be applied, when a taxable event happens, and its valuation; _________________ 4 The economic size of the cryptocurrencies market was valued at EUR 2.2 trillion in May 2021, with a peak of EUR 2.5 trillion in October 2021 (Joint Research Centre of the Commission, 2021).
Amendment 114 #
2021/2201(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to consider the dimension of crypto-assets in the planned proposals for corpor, digitalisation and new technologies in all its future legislative proposals in the tax field; calls on Member States taxation legal instruments, namely the Business in Europe: Framework for Income Taxationo ambition to lead at international level on this front;
Amendment 116 #
2021/2201(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 128 #
2021/2201(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the crypto-asset landscape is global andtax treatment of crypto-assets requires an international approach; understands, in this regard, the need to furwork lead by the OECD and ther negotiate ed to have a coordinaternational instruments on the matterd approach with the revision of the Common Reporting Standard;
Amendment 137 #
2021/2201(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that a fully integrated European single market requires a common approach on the taxation of crypto-assets, respecting competences defined by the Treaties; therefore calls on the Council, in its Economic and Financial Affairs Council formation,; therefore calls on the Council to initiate a structured dialogue with Parliament on this matter; calls also on the President of the Eurogroup to put forward a debate on the taxation of crypto-assets with the Finance Ministers of the Euro Area;
Amendment 141 #
2021/2201(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that it is necessary to amend the scope of the Directive on Administrative Cooperation5 (DAC8) sto that European legislators can further assess if other categories of income and assets such as crypto-assets are to be includedreflect the future OECD recommendations and revisions of the Common Reporting Standards; calls on the Commission to put forward a legislative proposal as soon as the OECD has finalised its work; calls on the Commission to include in its future revision of DAC the adopted recommendations in the European Parliament’s DAC implementation report; calls on the Council to swiftly adopt these proposed changes; _________________ 5 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation, OJ L 64, 11.3.2011, p. 1.
Amendment 145 #
2021/2201(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and national public authorities to ensure that blockchain technology develops inused to enforce rules or provide public services compliances with the rules on the processing of personal data, on cybersecurity and on anti-money laundering/combating the financing of terrorism;
Amendment 11 #
2021/2115(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Understands that the current provisions on procurement set down in the Financial Regulation for application by Delegations in third countries have proved to be inefficient; agrees with the EEAS’ call for a revision of the relevant procurement provisions either by the integration of a separate chapter for Delegations in third countries or by adjusting the value threshold, in both cases aiming to adapt the rules in force to the capacities and the local context of the Delegations;
Amendment 13 #
2021/2115(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes that the EU Delegation to Syria was the only one to express a reservation (since 2017) on the management of administrative expenditure due to the current security climate; notes with appreciation that the EEAS succeeded to resolve two pending issues in 2020, regarding income tax of local agents and access to the Delegation's Syrian bank account;
Amendment 15 #
2021/2115(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the implementation of the Multi-Annual Strategic Audit Plan developed by the IAS; calls on the EEAS to inform the discharge authority about the results and lessons learnt from this strategy;
Amendment 28 #
2021/2115(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Notes that in 2020 the EEAS recruited 41 remunerated Blue Book Trainees for a 5-month traineeship in its HQ; notes that 385 trainees were employed for 101 Delegations, for traineeships with an average length of 5 months; points outregrets that 39 traineeships were still unpaid; notes that all the trainees received a personal computer to telework; calls on the EEAS to take the appropriateurgent steps to ensure that all its trainees receive a decent remuneration; recommends to allocate more budget to pay trainees;
Amendment 32 #
2021/2115(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes that in 2020 the EEAS examined only 25 notifications of intention to engage in an occupational activity after leaving the service, out of which six notifications came from former senior members of staff; asks the EEAS to automatically request information on the intended occupation of senior staff members leaving their positions; underlines that the geopolitical sensitive information senior staff members have access to cannot be compromised; welcomes the retroactive publication of its decisions on occupational activities of former senior officials in compliance with Article 16(3) of the Staff Regulations; is aware of the automatic application of a lobbying and advocacy ban to every official having left the service;
Amendment 37 #
2021/2115(DEC)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Observes that EEAS has received 20 requests for information from OLAF related to possible cases of fraud, involving Union staff or external actors and in the case of five of them OLAF decided to open an investigation; observes that the Ombudsman has handled 14 cases concerning EEAS without issuing any recommendation; welcomes that cooperation with the EPPO is being explored on the advice and with the support of OLAF; calls on the EEAS to timely and diligently inform the discharge authority about the outcome of those investigations;
Amendment 40 #
2021/2115(DEC)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Encourages the EEAS to prioritise open source technology in order to retain control over its own technical systems, avoid dependency and vendor lock-in, provide stronger safeguards for user’s privacy and data protection, as well as increase security and transparency for the public;
Amendment 41 #
2021/2115(DEC)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Supports the EEAS in its efforts to increase the use of colocations in its Delegations, which has more than doubquadrupled over the past 5 years (from 20 in 2011 to 116 in 2020) and represents 7 % of the total office surface; appreciates that the management of colocations viathe Framework Agreement with each colocation partner has facilitated the recovery of EUR 12 million of costs in 2020;
Amendment 45 #
2021/2115(DEC)
Motion for a resolution
Paragraph 60 a (new)
Paragraph 60 a (new)
60 a. Deeply regrets that the EEAS has given into Chinese pressure, as it toned down the language of one of its reports initially calling China a “propagator of disinformation” related to the COVID-19 pandemic; notes that the High Representative admitted that Chinese officials had “expressed their concerns” over the leak of the draft publication, which led to the changes; asks the EEAS to set up strong measures to protect the EEAS staff from foreign interference;
Amendment 49 #
2021/2115(DEC)
Motion for a resolution
Paragraph 69 a (new)
Paragraph 69 a (new)
69 a. Is concerned by researchers accusing EU vs Disinfo of not respecting the International Fact-Checking Network’s code of principles because its methodology would not be transparent enough, it would violate the right to freedom of expression and of the press by labelling publishers and media outlets that report on third party opinions as “disinforming outlets”, as well as it would fail to provide objective impartiality, as it does not provide the right to be heard; asks the EEAS to provide more information to the Parliament on the compliance of its review methodology with EU law and international standards;
Amendment 2 #
2021/2111(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Understands the impact that the pandemic had on the activity of the Union institutions, including the tight deadlines for adopting new legislation and thus, for the consultative committees to deliver their opinions; recalls that the Committee adopted, prior to the approval of its amended procedure, 13 position papers in response to referrals to ensure an effective and timely contribution to the Union response; is aware that the Committee monitors its compliance with the institutional deadlines set for its opinions and that ad hoc measures have been adopted following an internal audit report from 2019; asks the Committee to report on these measures and other possible actions in this regard; recalls its recommendations made in previous discharge resolutions to enhance the interinstitutional cooperation and consequently the impact of the Committee’s work; further recalls its recommendation for the Committee to carry out a qualitative impact assessment of its opinions; acknowledges the importance to maintain the Committee as a strong consultative body, enabling the dialogue between the social partners, namely employers, employees and representatives of various other interests;
Amendment 4 #
2021/2111(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note of the judgment of the Court of Justice of the European Union (“Court of Justice”) of 23 February 2022 on the case of possible harassment reported in 2018 by which the Court of Justice annuls the Decision No 293/19 of the Committee of 5 December 2019 that imposed the minimal possible penalty consisting of a written warning, dismisses the action as to the remainder, and orders the Committee to pay the costs; expects an internal reflection following this judgment in particular on the procedural violations, such as the one related to the right of defence, found by the Court of Justice in relation to the internal inquiry; observes with concern that, once again, it is undeniable that a serious breach of the Committee’s duty of care towards its members of staff has persisted for too long, creating a regrettable culture of impunity and harassment as a result of reprehensible managerial styles, illustrated by, among other elements, the recurrent emergence of requests for assistance and cases reported to OLAF;
Amendment 5 #
2021/2111(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the conclusion of the settlement agreements with the two victims of moral harassment in December 2020 and March 2021 respectively; takes note that the last pending point for the full implementation of both settlement agreements depends on an upcoming change to the organisation chart in agreement with the Committee of the Regions and planned for implementation on 1 October 2022; calls on the Committee to promptly report to the budgetary authority on the eventual effective enforcement of this point; once again expresses its regret over the long lapse of time with respect to the Committee's enforcement of those settlement agreements, as legally required;
Amendment 8 #
2021/2111(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the conclusion in April 2022 and the full implementation of the settlement agreement with one of the victims of serious misconduct; acknowledges as well the partial implementation of the measures agreed in March 2021 between the other victim of serious misconduct, former Committee member, and the Committee president; welcomes in particular the public statement by the Committee president, published on the Committee’s website, reiterating her sincere apologies to all those concerned for the true suffering caused by these wrongdoings; regrets, however, that the Committee still refuses to launch an external investigation to review the Committee’s HR procedures and the effectiveness thereof, with a focus on addressing harassment claims and ensuring the well-being of the staff;
Amendment 11 #
2021/2111(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the Committee’s monthly updates and the follow-up to Parliament’s observations in the 2020 discharge resolution; recalls that the OLAF report on case OC/2018/0666/A.1 only concerns the behaviour of the perpetrator towards the victims and that the judgement delivered by the Court of Justice in case T-377/20 simply examines the validity of the Bureau decision of 9 June 2020; points out that the long handling of the case by the Committee’s administration and particularly the shortcomings in the implementation of internal procedures have therefore in no way been examined or validated; believes that the cases occurred require a more in-depth analysis and strongly reiterates, therefore, its repeated call for an external investigation specifically on the action, or lack thereof, of the administrative hierarchy of the Committee over the extent of the case which led to the flagrant breach of its duty of care towards the staff; is deeply concerned that its reiterated and unambiguous calls for an exercise of accountability have been consistently ignored by the Committee and insists on the need to determine the responsibility of the administrative hierarchy of the Committee and, where applicable, apply Article 22 of the Staff Regulations;
Amendment 13 #
2021/2111(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its concern about the fact that quantifying the total final cost of this case, estimated at approximately EUR 150 000 for the time being, is not yet possible because depends on the outcome of the legal procedure currently ongoing before the Belgium criminal court, in which the Committee is also a civil party; asks the Committee to promptly report to the budgetary authority on the conclusion of the legal procedure and to update the total final cost to the Union budget; reiterates its request to claim back from the perpetrator the corresponding amounts compensated to the victims by the Committee;
Amendment 5 #
2021/2108(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Understands that the Council’s budget is mostly administrative with a large part of it being used for expenditure in relation to staff, buildings (including furniture and equipment) and miscellaneous running costs; reiterates its repeated calls for separate budgets for the European Council and the Council in order to improve transparency, accountability and expenditure efficiency for both institutions;
Amendment 8 #
2021/2108(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the improvements in the GSC’s internal organisation, focusing in particular on dealing with the working limitations arising from the COVID-19 pandemic situation, such as an increase of the platforms and bandwidth for teleworking activities and the installation of appropriate videoconferencing equipment in small meeting rooms to facilitate hybrid meetings; regrets, however, that there are very few access codes provided to Member States representatives to join the Council meetings remotely, hindering the efficient work of some Member States representations to the Union;
Amendment 16 #
2021/2108(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the political agreement on the Transparency Register for interest representatives, reached by Parliament, the Council and the Commission on 15 December 2020; emphasises the importance for the Council, including the Member States’ representatives, of harmonising, improving and enforcing the existing ethics rules, in particular with regard to conflicts of interest, revolving doors and lobby transparency rules; regrets, however, that the Transparency Register does not apply to the Member States representatives working through the Council, who are heavily lobbied;
Amendment 20 #
2021/2108(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Regrets the use of corporate sponsorship to cover some of the expenses incurred by Member States to finance their Council presidency; reiterates its concern with respect to the possible reputational damage that such practice might cause to the Council and to the Union; regrets that a common set of clear, concrete and binding rules has not been set out in the guidance on sponsorship included in 2021 in the Council ‘s Presidency Handbook; reiterates its call on the Council to examine budgeting the Council Presidency; reiterates that any actual or perceived conflict of interests jeopardises the reputation of the Council and the Union as a whole; asks the Council explore the possibility of providing permanent support staff to the Council presidencies in order to ensure continuity and efficiency of the working process;
Amendment 23 #
2021/2108(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Is aware of the Council’s key role in nomination and appointment procedures for the Union institutions and bodies, in particular for the European Council, the Commission, the Court and the consultative Committees (the Committee of the Regions and the European Economic and Social Committees); strongly recommends considering a review of that role with a view to guaranteeing and strengthening the democratic participation of relevant stakeholders; regrets that the Council repeatedly failed to take into consideration the recommendations of the Parliament in its consultative role regarding the appointment of the members of the Court;
Amendment 26 #
2021/2108(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is reminded of the Court's statement in its Special Report no 13/2019: The ethical frameworks of the audited EU institutions: scope for improvement that ethical conduct “contributes to sounder financial management and increased public trust, which is indispensable if public policies are to succeed” and, in particular, that “any unethical behaviour by staff and Members of the EU institutions attracts high levels of public interest and reduces trust in the EU”; calls on the Council, therefore, to avoidreject the appointment of candidates who represent a reputational risk for the Union as a whole, taking into account, in particular, existing investigations by the European Anti-Fraud Office (OLAF), legal proceedings underway against them and negative recommendations by Parliament or the Commission;
Amendment 32 #
2021/2108(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Supports the Ombudsman’s remarks on the need to improve legislative transparency by recording and making the Member States’ positions more accessible and by making more trilogue documents available; in a machine-readable format;
Amendment 34 #
2021/2108(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Encourages the Council to prioritise open source technology in order to retain control over its own technical systems, avoid dependency and vendor lock-in, provide stronger safeguards for user’s privacy and data protection, and increase security and transparency for the public;
Amendment 37 #
2021/2108(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes the increased audience on several social media platforms from 2019 to 2020 with an increase of 39 % in visits to the Council’s website, approximately 443 000 followers on Facebook (an increase of 8 %), approximately 561 000 followers on Twitter (an increase of 22 %) and approximately 167 000 followers on Instagram (an increase of 37 %); observes that there were more than 16 million visits to the Council’s website in 2020; encourages the Council to establish a presence on free and open-source social media networks, such as Mastodon, to achieve further transparency and broader outreach to Union citizens;
Amendment 44 #
2021/2108(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
Amendment 6 #
2021/2107(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the response given by Parliament in the adversarial procedure which accepted the Court’s recommendation; notes that in 2019, Parliament launched a project to automate the registration of attendance with biometric technology in the central attendance register and in the parliamentary chambers, and that this technology aimed to eliminate mistakessigned a contract for this project at the end of 2020; stresses that the large-scale processing of biometric data should not become a normality; asks the Bureau to develop an alternative solution that does not involve the processing of biometric data and ensures that only Members entitled to the daily subsistence allowance actually receive it; regrets that due to the COVID- 19 pandemic the p, in line with the European Data Projtect has had some delays; notes that Parliament’s administrion Supervisor’s recommendations, as mandated by its Bureau, signed a contract for this project at the end of 2020, and also that Parliament’s data controller is currently assessing the European Data Protection Supervisor’s recommendations which were received at the end of March 2021such as a system relying on badges or Members’ mobile phones in combination with random and periodic checks by human monitoring;
Amendment 172 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88 a. Deeply regrets that some parliamentary committee secretariats require Members to exclusively use proprietary software from Microsoft or Apple; believes that all Members should remain able to use any IT equipment they wish, including open-source technology;
Amendment 173 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 b (new)
Paragraph 88 b (new)
88 b. Recalls the added-value of free and open-source software in improving security since they make it possible for Parliament to identify and fix weaknesses, keep control over the data by hosting in its servers and designing solutions according to its own specifications, while being able to avoid vendor lock-in effects;
Amendment 174 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 c (new)
Paragraph 88 c (new)
88 c. Recalls its preference for free and open-source software solutions as against proprietary ones when considering new internal applications; asks for situations to be reported to the ICT governing bodies when open source solutions are not chosen;
Amendment 175 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 d (new)
Paragraph 88 d (new)
88 d. In line with the previous Parliament discharge resolution and in order to significantly increase the confidentiality of its internal communication, asks the relevant services to test the integration and deployment of solutions for instant messaging and virtual meetings that are open source based, hosted in the Parliament's servers, and which enable secure communication such as Matrix and Jitsi;
Amendment 176 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 e (new)
Paragraph 88 e (new)
88 e. Appreciates that Parliament's services are working to further improve the quality and accessibility of the publicly available data of the institution by adopting open data principles for re- use and redistribution, which were presented to the Bureau working group on ICT Innovation in April 2021; welcomes Parliament’s open data portal initiative, which aims to accommodate publicly available datasets in an easily accessible and user-friendly way, as well as provide data in an interoperable, machine-readable format and thus put into practice the open data principles on technical, legal, practical and social openness;
Amendment 177 #
2021/2107(DEC)
Motion for a resolution
Paragraph 88 f (new)
Paragraph 88 f (new)
88 f. Welcomes the fact that the Security-General adopted the information security policy in June 2020, identifying the different categories of data and establishing the related conditions that must be observed for their handling and storage, based on a data protection impact assessment and security assessment; notes the Commission’s intension to propose for a regulation covering the information security and aiming at improved harmonisation of treatment among the different institutions, bodies and agencies;
Amendment 198 #
2021/2107(DEC)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Recalls that, according to Article 38 of Regulation (EU, Euratom) No 1141/20149a, Parliament adopted its report on the application of the regulation on 26 October 202110 ; welcomes the Commission legislative proposal of 25 November 2021 to amend the regulation11 ; _________________welcomes the fact that the Commission clarified the rules regarding transparency and democratic accountability of European political parties; regrets, however, that the Commission did not take into consideration Parliament’s call for more inclusive registration and membership criteria to ensure a fair representation for smaller European political parties; _________________ 9aRegulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (OJ L 317 4.11.2014, p. 1). 10 Report on the application of Regulation (EU, Euratom) No 1141/2014 on the statute and funding of European political parties and European political foundations of 26 October 2021 (2021/2018(INI). 11Proposal for a Regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast) of 25 November 2021, COM(2021)0 734.
Amendment 13 #
2021/2054(INL)
Motion for a resolution
Recital L
Recital L
L. whereas some companies and natural persons operate in more than one Member State; and, therefore, receive EU subsidies in several Member States without the Commission being able to keep track of the total amount of money accumulated by each of these multinational companies;
Amendment 18 #
2021/2054(INL)
Motion for a resolution
Recital N
Recital N
N. whereas all these factors illustrate that there is an urgent need to create a standardisedtransparent standardised open-source Union-wide interoperable digital system for Member States‘ implementing authorities to report about the beneficiaries of CAP and structural and cohesion funds in order to enable national control and audit authorities, Union institutions and the public to obtain reliable information about the identity of final beneficiaries, how much they receive and from which funds;
Amendment 21 #
2021/2054(INL)
Motion for a resolution
Recital O
Recital O
O. whereas such a system should be open-source, ensure data format harmonisation, be machine readable, contain unique identification numbers, include search and sort functions and be interoperable so that data can be aggregated not only in respect of one policy or fund but across all policies, funds and Member States;
Amendment 24 #
2021/2054(INL)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the Union budget should finance the development of such a system, which should be made available to Member States and regional authorities in charge of running and maintaining such reporting systems, as well as for journalist, civil society representatives and the general public, together with training courses for officials in charge of the daily operation of the systems;
Amendment 25 #
2021/2054(INL)
Motion for a resolution
Recital R
Recital R
R. whereas the reporting systems for CAP and structural and cohesion policies cannot realistically be constantly updated with the most recent information about company ownerships and thereby ultimate beneficiaries, the systems should therefore be automatically linked to public company databases and common databases about ultimate beneficiaries;
Amendment 28 #
2021/2054(INL)
Motion for a resolution
Recital U
Recital U
U. whereas data on recipients of funds from CAP and structural and cohesion funds should be available to the public for a minimum period of fiveten years;
Amendment 38 #
2021/2054(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that transparency of public funds ensures better accountability and enhanced trust from citizens in public authorities; recommends that all political parties in Europe operate with transparent bank accounts, which allows citizens to consult the transaction history and identify potential fraudulent behaviour such as corruption of public officials or conflicts of interests;
Amendment 41 #
2021/2054(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that transparency about final beneficiaries will ensure that auditing, control and discharge authorities in national and regional administrations, the Commission, the Council and the Parliament will have much better and more accurate possibilities to ensure that money is being spent efficiently according to rules and policy ambitions;
Amendment 42 #
2021/2054(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines furthermore, that transparency about final beneficiaries will give journalists, civil society representatives and the general public much better possibilities to raise legitimate questions and concerns and thereby to expose potential cases of misuse or fraud of Union funds or problematic involvement from Politically Exposed Persons (PEPs);
Amendment 46 #
2021/2054(INL)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Believes that the review of the Financial Regulation should include a solid legal basis for mandatory use of open and standardized public procurement data, as well as to make budgetary control IT-systems mandatory, public and interoperable with national and regional databases;
Amendment 48 #
2021/2054(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the revision should ensure that it is possible to identify final beneficiaries of funds and therefore the revision should, among other things, contain an obligation for reporting systems to use standardised datasets, which include detailed information about the type of beneficiary and unique identifiers for all direct beneficiaries;
Amendment 49 #
2021/2054(INL)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Stresses that the Commission should ensure that the use of integrated and standardised reporting and monitoring tools is mandatory and fully implemented in the Member States and thus no longer operates solely on voluntary basis;
Amendment 52 #
2021/2054(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that in situations where the direct recipient is a company which is owned by another company, it should be ensured that it is possible to identify the owners of the second company also, and that this obligation should continue to apply no matter how manyto all companies are involved in the ownership structure;
Amendment 58 #
2021/2054(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to develop and make available to financial actors and entities responsible for tasks of budget implementation, including competent national and regional authorities under shared management, a system to ensure the digitalisation of European reporting, monitoring and audit for the CAP, cohesion and structural funds policies and other policies;
Amendment 60 #
2021/2054(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that such a system shall be based on standardiseopen-source principles and use standardised datasets and measures to collect, compare and aggregate information and figures on the final recipients and beneficiaries of Union funding, for the purposes of control and audit;
Amendment 62 #
2021/2054(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights that such a system should be accessible to journalist, civil society representatives and the general public in order to facilitate research on the use of public funds and possibly uncover fraud, while respecting the GDPR rules;
Amendment 63 #
2021/2054(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks for this system to be developed as quickly as possiblewithin two years and to be made available, free of charge, and mandatory for the reporting authorities in Member States;
Amendment 64 #
2021/2054(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines that the development of such a system should be accompanied with the enabling of national and regional authorities and relevant Union institutions, including the Parliament, the Commission, ECA, OLAF and EPPO where relevant, to ensure efficient checks on conflicts of interests, irregularities, issues of double funding and any misuse of the funds including the use of modern IT tools such as ARACHNE;
Amendment 65 #
2021/2054(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Asks for the Commission to ensure that the necessary funding for such a system is made available in the Union budget together with appropriations for training and technical assistance for staff of national and regional authorities that will be using this system;
Amendment 67 #
2021/2054(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Asks that information about recipients of Union funds is made publicly available for a minimum period of fiveten years;
Amendment 70 #
2021/2054(INL)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Highlights that such a system shall be effectively protected from cyberthreats; asks the Commission to invest in high level cybersecurity software and run periodic tests to identify potential vulnerabilities;
Amendment 71 #
2021/2054(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that the system should respect rules concerning minimum amounts that will not be made publicly available; stresses that the responsible authorities should nevertheless always aggregate all the funds that are being paid to a single beneficiary and if the total amount that is being paid to any single beneficiary exceeds the minimum amount, information regarding all the payments made to that beneficiary should be maddisclosed to the public;
Amendment 72 #
2021/2054(INL)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Stresses that the existing Early Detection and Exclusion System (EDES) also plays an important role in the protection of the Union's financial interests; is concerned that it only applies to funds under direct management, which only represent about 20% of the EU funds; is equally concerned that economic operators identified by OLAF as abusing public funds are not automatically excluded from contracts financed by the EU budget or subject to financial penalties; urges the Commission to extend the scope of the EDES in the upcoming revision of the Financial Regulation in order to make it more effective;
Amendment 15 #
2021/2018(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the Commission’s intention to review Regulation Nº 1141/2014 on the statute and funding of European political parties and European political foundations, at the end of 2021, with a view to go beyond the current objective of addressing financing and transparency rules and ease the registration conditions under Article 3 and open membership to all EU citizens to provide for a more inclusive representation of political parties active at the European level;
Amendment 17 #
2021/2018(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls the recommendations of academics presented during the European Parliament AFCO committee hearing on 25th May 2021, namely lowering the threshold for registration and introducing citizen support as an alternative to parliamentary support to fulfil representational criterion;
Amendment 18 #
2021/2018(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes with concern that several existing trans-national political parties active in European politics and represented in the European Parliament are not permitted to register officially as European political parties due to requirements listed in Regulation Nº1141/2014, consequently hindering the democratic representation of smaller political parties at the European level; suggests that in this view the European Commission should make an ambitious reform proposal by the end of 2021;
Amendment 24 #
2021/2018(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights that funding of European Political Parties and European Political Foundations is inherently linked to registration criteria listed in Regulation Nº 1141/2014, meaning that both issues will need to be addressed in the legislative proposal of the Commission to amend the Regulation;
Amendment 28 #
2021/2018(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Requests that every European party’s application for EU funding is made publicly-available on the Authority for European Political Parties and European Political Foundations’ website, ahead of the European Parliament’s decision to approve the application; notes that the vast majority of European parties’ funding comes from public sources and, therefore, requires the highest level of transparency and accountability;
Amendment 42 #
2021/2018(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the Regulation (EU, Euratom) NoNº 1141/2014 requires national members parties to display the logo, the political programme and the website link of their EU party of affiliation on their websites as a condition for accessing funds; calls on the Commission to clearly define the requirementsof accessing funds; is concerned that, according to the λogos project1a, national member parties overwhelmingly fail to properly implement the Regulation’s display requirement, as only 15% of member parties display the logo in a clear and user-friendly manner; calls on the Commission to clearly define and provide more specific display the requirements, as well as detailed guidelines, related to the visibility of the European party of affiliation. _________________ 1a https://eudemocracy.eu/logos-project
Amendment 134 #
2021/0376(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure consistent harmonisation of the notification process in the area of delegation, power should be delegated to the Commission to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council30 to specify the contents, forms and procedures to standardise the notification process of the AIFMs’ delegation arrangements. The notification form should contain qualitative and quantitative data fields indicating the activities making up the risk and portfolio management functions in order to determine whether an AIFM has delegated more of such functions than it has retained. Those regulatory technical standards should be adopted on the basis of a draft developed by ESMA. __________________ 30 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
Amendment 141 #
2021/0376(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Conflict of interests provisions should be amended to address issues potentially arising from white label services.
Amendment 143 #
2021/0376(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Common rules should also be laid down to establish an efficient internal market for loan-originating AIFs, to ensure a uniform level of investor protection in the Union, to make it possible for AIFs to develop their activities by originating loans in all Member States of the Union and to facilitate the access to finance by EU companies, a key objective of the Capital Markets Union (‘CMU’).31 However, given the fast-growing private credit market, it is necessary to address the potential micro risks and macro prudential risks that loan originating AIFs could pose and spread to the broader financial system. The rules applicable to AIFMs managing loan- originating funds should be harmonised in order to improve risk management across the financial market and increase transparency for investors. The rules should take into account the specificities of impact and sustainable funds. __________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A Capital Markets Union for people and businesses-new action plan (COM/2020/590 final).
Amendment 148 #
2021/0376(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Long-term, illiquid loans held by AIF may create liquidity mismatches if the AIFs open-ended structure allows investors to redeem their fund units or shares on a frequent basis. It is therefore necessary to mitigate risks related to maturity transformation by imposing a closed-ended structure for AIFs originating loans because close-ended funds would not be vulnerable to redemption demands and could hold originated loans to maturity. More stringent liquidity management rules are envisaged for smaller impact investment funds in order to allow them to keep their open-ended structure.
Amendment 162 #
2021/0376(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) Liquidity management tools should go hand in hand with stronger preventive measures to strengthen the ex- ante liquidity position of AIFs.
Amendment 166 #
2021/0376(COD)
Proposal for a directive
Recital 28
Recital 28
(28) To support supervisory convergence in the area of delegation ESMA should conduct peer review on the supervisory practices with a particular focus on preventing the creation of letter- box entities. ESMA’s analysis of the peer reviews will feed into the review of the measures adopted in this Directive and inform the European Parliament, the Council and the Commission of any additional measures that may be needed to support the effectiveness of the delegation regimes laid down in Directive 2011/61/EU. To ensure a homogeneous understanding of what defines a letter-box entity, ESMA is also empowered to develop regulatory technical standards to define the notion of letter-box entities.
Amendment 177 #
2021/0376(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to better protect investors, undue costs being charged to the AIFs and its unit-holders must be avoided.
Amendment 184 #
2021/0376(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) Better transparency needs to be ensured for investors to have clarity on the sustainability of their investments. To prevent greenwashing, a definition of "environmentally sustainable AIFs" based on the taxonomy regulation is introduced. ESMA is empowered to clarify where the name of an AIF or UCITS could be materially deceptive or misleading to the investor.
Amendment 210 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/61/EU
Article 4 – paragraph 1 – point ap a (new)
Article 4 – paragraph 1 – point ap a (new)
(ap a) ‘AIFM marketed as environmentally sustainable’ means an AIF where the fund manager provides investors with a commitment or any form of pre-contractual claim that the fund will invest in economic activities that contribute to an environmental objective as defined in Regulation (EU) 2020/852
Amendment 219 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2011/61 EU
Article 4 – paragraph 1 – point ap b (new)
Article 4 – paragraph 1 – point ap b (new)
Amendment 227 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2011/61 EU
Article 7 – paragraph 2 – point a – point i a (new)
Article 7 – paragraph 2 – point a – point i a (new)
(i a) a description of its current and previous fund management history and any other experience relevant for the management of the AIF;
Amendment 234 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2011/61/EU
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall, on a quarterly basis, inform ESMA of authorisations granted or withdrawn or denied in accordance with this Chapter.
Amendment 236 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Where an AIFM delegates more portfolio management or risk management functions to entities located in third countries than it retains in terms of assets under management or number of staff performing relevant day-to-day operational activities, the competent authorities shall, on an annual basis, notify ESMA of all such delegations (‘delegation notifications’).
Amendment 240 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
(g a) the share of total assets under management that have been delegated to third parties;
Amendment 241 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2011/61/EU
Article 7 – paragraph 5 – subparagraph 4 – point g b (new)
Article 7 – paragraph 5 – subparagraph 4 – point g b (new)
(g b) share of staff performing day-to- day portfolio/risk management tasks within the licensed entity;
Amendment 242 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2011/61/EU
Article 7 – paragraph 5 – subparagraph 4 – point g c (new)
Article 7 – paragraph 5 – subparagraph 4 – point g c (new)
(g c) the share of fees generated by licensed entities vis-à-vis forwarded or paid to the delegates.
Amendment 243 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Directive 2011/61/EU
Article 7 – paragraph 6
Article 7 – paragraph 6
(b a) In paragraph 6, the first subparagraph is replaced by the following: "6. In order to ensure consistent harmonisation of this Article, ESMA may develop draft regulatory technical standards to specify the information to be provided to the competent authorities in the application for the authorisation of the AIFM, including the programme of activity. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:174:0001:0073:EN:PDF), and to specify situations where the name of the AIFs it intends to manage could be materially deceptive or misleading to the investor. Or. en (https://eur-
Amendment 256 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a (new)
Article 1 – paragraph 1 – point 4 – point a (new)
(a) in Article 8, the following paragraph is added: ‘(6a) The competent authority of the AIFM shall communicate to the fund the reason for its refusal to grant authorisation as an AIF. The competent authority of the AIF shall also communicate its decision to the ESMA which shall keep record of rejected applications. ESMA shall provide information regarding fund managers whose authorisation has been denied to competent authorities upon request.’
Amendment 260 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2011/61/EU
Article 14
Article 14
(4 a) Article 14 is amended as follows: (a) paragraph 2a is added: 2a. AIFMs intending to provide White-Label services shall submit to the competent authorities of their home Member State detailed explanations and evidence on their compliance with paragraphs 1 and 2. In particular, they shall specify how they prevent systematic conflicts of interest or any other material conflicts of interest arising from their White-Label business activities and how any existing or potential conflicts are effectively managed in the best interest of investors and this is clearly and comprehensively disclosed to investors. (b) paragraph 5 is added: 5. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft regulatory technical standards to specify: (a) the types of White-Label services and conflicts of interest as referred to in paragraph 2a; (b) the steps AIFMs are expected to take in terms of structures and organisational and administrative procedures in order to identify, prevent, manage, monitor and disclose conflicts of interest arising from the provision of White-Label services; (c) criteria to be used by the relevant competent authorities to assess whether AIFMs comply with their obligations under paragraph 2a. Power is conferred on the Commission to adopt the regulatory technical standards referred to in this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 275 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2011/61/EU
Article 15 – paragraph 4 e – subparagraph 1
Article 15 – paragraph 4 e – subparagraph 1
An AIFM shall ensure that the AIF it manages retains, on an ongoing basis, 510% of the notional value of the loans it has originated and subsequently sold on the secondary market.
Amendment 277 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
4e a. All the revenues arising from efficient portfolio management techniques, net of direct and indirect operational costs, shall be returned to the AIF. Those costs and fees shall not include hidden revenue for the AIFM or affiliated parties.
Amendment 281 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2a a (new)
Article 16 – paragraph 2a a (new)
2a a. By way of derogation from paragraph 2a, a loan originating AIF may be open-ended, subject to the approval of the competent authorities and based on a demonstration by the AIF manager of the compatibility of its liquidity management system with its redemption policy, which must meet at least the following criteria: (a) the debt-to-equity ratio should not be higher than 1:1; (b) the AIF has as its primary objective the active management of the loans it originates and as such it retains, on an ongoing basis, a portion of the originated loans until the end of their maturity which is at most equal to 50% of its net asset value; (c) the AIF invests at least 5% of its assets in cash or other liquid assets that qualify as cash equivalents within the meaning of the applicable accounting framework; (d) the AIF offers its investors redemption rights at most on a quarterly basis; (e) the AIFM clearly communicates the application of redemption schedules or gates, if applicable, to its investors in the disclosures referred to in Article 23(1); (f) the assets under management of the AIF do not exceed EUR 3 billion.
Amendment 300 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2h a (new)
Article 16 – paragraph 2h a (new)
2h a. AIFMs shall, for each open-ended AIF investing in inherently less liquid assets that they manage, demonstrate that the investment strategy can be maintained in all foreseeable market conditions. ESMA shall develop draft regulatory technical standards to specify inherently less liquid assets and to ensure uniform conditions of application of this paragraph. ESMA shall submit those draft regulatory technical standards to the Commission by ... [36 months after the entry into force of this Directive]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the second subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.’
Amendment 302 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2011/61/EU
Article 18 – paragraph 10 a (new)
Article 18 – paragraph 10 a (new)
(6a) In Article 18, the following paragraph 10a is inserted: ‘Member States shall require management companies to act in such a way as to prevent undue costs being charged to the AIFs and its unit-holders. ESMA shall develop draft regulatory technical standards to establish the definition of undue costs.’
Amendment 307 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2011/61/EU
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The AIFM’s liability towards its clients, the AIF and its investors shall not be affected by the fact that the AIFM has delegated functions to a third party, or by any further sub-delegation, nor shall the AIFM delegate its functions to the extent that, in essence, it can no longer be considered to be the manager of the AIF or the provider of the services and to the extent that it becomes a letter-box entity.; ESMA shall provide draft regulatory technical standards on the notion of ‘letter-box entity’, specifying quantitative criteria referred to in this paragraph.
Amendment 329 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2011/61/EU
Article 22 – paragraph 2 – point f a (new)
Article 22 – paragraph 2 – point f a (new)
(8 a) Article 22 is amended as follows: The following point (f a) is added to paragraph 2: (f a) The share of assets complying with the criteria laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation 2020/852 in which the AIFM invested.
Amendment 331 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a – point ii a (new)
Article 1 – paragraph 1 – point 9 – point a – point ii a (new)
Directive 2011/61/EU
Article 23 – paragraph 1 – point ii a (new)
Article 23 – paragraph 1 – point ii a (new)
(ii a) information on the alignment of the AIFM investment decisions with the Green Deal objectives, including the share of its investments effectively allocated to assets that meet the taxonomy requirements as laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852
Amendment 343 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b a (new)
Article 1 – paragraph 1 – point 10 – point b a (new)
Directive 2011/61/EU
Article 24 – paragraph 5 – subparagraph 2
Article 24 – paragraph 5 – subparagraph 2
(b a) the second subparagraph of paragraph 5 is replaced by the following: In exceptional circumstances and where required in order to ensure the stability and integrity of the financial system, or to promote long-term sustainable growth, ESMA after consulting the ESRB may request the competent authorities of the home Member State to impose additional reporting requirements. ’ Or. en (https://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:174:0001:0073:EN:PDF)
Amendment 350 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2011/61/EU
Article 24 – paragraph 7 – subparagraph 1 – point a
Article 24 – paragraph 7 – subparagraph 1 – point a
(a) the format and data standards for the reports referred to in paragraphs 1 and 2, which shall include in particular global legal entity identifiers (LEIs) and international securities identification numbers (ISINs). In developing those draft technical standards, ESMA shall take into account international developments and standards agreed at Union or global level;
Amendment 351 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2011/61/EU
Article 24 – paragraph 7 – subparagraph 1 – point b a (new)
Article 24 – paragraph 7 – subparagraph 1 – point b a (new)
(b a) the reporting template that includes a minimum set of indicators that would be relevant in exceptional circumstances referred to in paragraph 5.
Amendment 354 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2011/61/EU
Article 24 – paragraph 7 – subparagraph 1 – point b b (new)
Article 24 – paragraph 7 – subparagraph 1 – point b b (new)
(b b) methods and arrangements for submitting the reports referred to in paragraphs 1 and 2, including methods and arrangements to improve data standardisation and efficient sharing and use of data already reported within any Union reporting framework by any relevant competent authority, at Union or national level, taking into account the findings of the report issued in accordance with paragraph 2 of Article 69b.
Amendment 371 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2011/61/EU
Article 38a – paragraph 1
Article 38a – paragraph 1
1. ESMA shall, on a regular basis and at least every two years, conduct abefore the review of this Directive, conduct a one-off comprehensive peer review analysis of the supervisory activities of the competent authorities in relation to the application of Article 20. That peer review analysis shall focus on the measures taken to prevent that AIFMs, which delegate performance of portfolio management or risk management to third parties located in third countries, become letter-box entities.
Amendment 383 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2011/61/EU
Article 43
Article 43
(16 a) Article 43 is amended as follows: The following paragraph is inserted: 1a. For investment vehicles that are distributed to retail investors, both directly and indirectly, Member States must impose EU independent members – with equal powers – in the board of directors or executive management of the fund to ensure proactive behaviour towards acting in the best interests of clients. The following paragraph is added: 2a. An AIF marketed as environmentally sustainable shall avoid principal adverse impacts and invest at least 60% in assets that meet the taxonomy requirements as laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852.
Amendment 428 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive 2009/65/EC
Article 5 – paragraph 8
Article 5 – paragraph 8
(1a) In Article 5, paragraph 8 is replaced by the following "In order to ensure consistent harmonisation of this Article the European Supervisory Authority (European Securities and Markets Authority) (hereinafter ‘ESMA’), established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council ( 13 ) may develop draft regulatory technical standards to specify the information to be provided to the competent authorities in the application for authorisation of a UCITS. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A02009L0065-20140917) and situations where the name of a UCITS could be materially deceptive or misleading to the investor. Or. en
Amendment 446 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Where a management company delegates more portfolio management or risk management functions to entities located in third countries than it retains in terms of assets under management or number of staff performing relevant day-to-day operational activities, the competent authorities shall, on an annual basis, notify ESMA of all such delegations (‘delegation notifications’).
Amendment 450 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3 – subparagraph 2 – point g a (new)
Article 13 – paragraph 3 – subparagraph 2 – point g a (new)
(g a) the share of total assets under management that have been delegated to third parties
Amendment 451 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3 – subparagraph 2 – point g b (new)
Article 13 – paragraph 3 – subparagraph 2 – point g b (new)
(g b) share of staff performing day-to- day portfolio/risk management tasks within the licensed entity
Amendment 452 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3 – subparagraph 2 – point g c (new)
Article 13 – paragraph 3 – subparagraph 2 – point g c (new)
(g c) the share of fees generated by licensed entities vis-à-vis forwarded or paid to the delegates.
Amendment 468 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) Article 14 is amended as follows: (a) paragraph 3a is added: 3a. Management Companies intending to provide White-Label services shall submit to the competent authorities of their home Member State detailed explanations and evidence on their compliance with paragraph 1. In particular, they shall specify how they prevent systematic conflicts of interest or any other material conflicts of interest arising from their White-Label business activities and how any existing or potential conflicts are effectively managed in the best interest of investors and this is clearly and comprehensively disclosed to investors. (b) paragraph 3 b is added: 3b. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft regulatory technical standards to specify: (a) the types of White-Label services and conflicts of interest as referred to in paragraph 1; (b) the steps management companies are expected to take in terms of structures and organisational and administrative procedures in order to identify, prevent, manage, monitor and disclose conflicts of interest arising from the provision of White-Label services; (c) criteria to be used by the relevant competent authorities to assess whether management companies comply with their obligations under paragraph 2a. Power is conferred on the Commission to adopt the regulatory technical standards referred to in this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 481 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 1
Article 20a – paragraph 1
1. A management company shall regularly report to the competent authorities of its home Member State on the markets and instruments in which it trades on behalf of the UCITS it manages. It shall provide information on the instruments in which it is trading, on markets of which it is a member or where it actively trades, and on the exposures of each of the UCITS it manages.
Amendment 487 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 1 a (new)
Article 20a – paragraph 1 a (new)
1 a. A management company shall, for each of the UCITS it manages, provide the following to the competent authorities of its home Member State: (a) if relevant, information on tools used for managing the liquidity of the UCITS according to Article 84(2); (b) the current risk profile of the UCITS and the risk management systems employed by the management company to manage the market risk, liquidity risk, counterparty risk and other risks including operational risk; (c) the level of global exposure; (d) the results of the stress tests performed.
Amendment 489 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 1 b (new)
Article 20a – paragraph 1 b (new)
1 b. The competent authorities of the home Member State of the management company shall ensure that all information gathered under this Article in respect of all management companies that they supervise is made available to competent authorities of other relevant Member States, ESMA and the ESRB.
Amendment 496 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
ESMA shall develop draft regulatory technical standards specifying the details to be reported in accordance with paragraph 1, 2 and 6. ESMA shall take into account other reporting requirements to which the management companies are subject and the report issued in accordance with Article 20b.
Amendment 500 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(a) the format and data standards for the reports referred to in paragraph 1;, 2 and 6 which shall include in particular global legal entity identifiers (LEIs) and international securities identification numbers (ISINs). In developing those draft technical standards, ESMA shall take into account international developments and standards agreed at Union or global level.
Amendment 503 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 3 – subparagraph 1 – point b a (new)
Article 20a – paragraph 3 – subparagraph 1 – point b a (new)
(b a) methods and arrangements for submitting the reports referred to in paragraphs 1, 2 and 6, including methods and arrangements to improve data standardisation and efficient sharing and use of data already reported within any Union reporting framework by any relevant competent authority, at Union or national level, taking into account the findings of the report issued in accordance with Article 20b(2).
Amendment 506 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 3a (new)
Article 20a – paragraph 3a (new)
3 a. Where necessary for the effective monitoring of systemic risk, the competent authorities of the home Member State may require additional reporting to that described in paragraph 1, on a periodic or on an ad-hoc basis. The competent authorities shall inform ESMA about the additional reporting requirements. In exceptional circumstances and where required in order to ensure the stability and integrity of the financial system, or to promote long-term sustainable growth, ESMA after consulting the ESRB may request the competent authorities of the home Member State to impose additional reporting requirements.
Amendment 508 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
3 b. Under stressed market circumstances, for each UCITS that it manages, the management company shall report a subset of key indicators, on a daily basis, to the competent authority of its home Member State. The competent authority shall without undue delay make available any information reported in accordance with this paragraph to competent authorities of other relevant Member States, ESMA and the ESRB. The Commission shall adopt a delegated act in order to supplement this Regulation by specifying what should be understood by the stressed market circumstances referred to in this paragraph.
Amendment 545 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2009/65/EC
Article 101a – paragraph 1
Article 101a – paragraph 1
1. ESMA shall, on a regular basis and at least every two years, conduct abefore the review of this Directive, conduct a one-off comprehensive peer review analysis of the supervisory activities of the competent authorities in relation to the application of Article 13. That peer review analysis shall focus on the measures taken to prevent that management companies, which delegate performance of portfolio management or risk management to third parties located in third countries, become letter-box entities.
Amendment 43 #
2021/0240(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the important role of thematic reviews in AML/CFT supervision across the Union as they enable to identify and compare the level of exposure to risks and trends in relation to obliged entities under supervision, and that currently supervisors in different Member States do not benefit from these reviews, it is necessary that the Authority identifies national thematic reviews that have a similar scope and time-frame and ensures their coordination at the level of the Union. To avoid situations of possibly conflicting communications with supervised entities, the coordination role of the Authority should be limited to interaction with relevant supervisory authorities, and should not include any direct interaction with non- selected obliged entities. For the same reason, the Authority should explore the possibility of aligning or synchronisinge the timeframe of the national thematic reviews, request additional thematic reviews if it identifies a gap in the areas covered and facilitate any activities that the relevant supervisory authorities may wish to carry out jointly or similarly.
Amendment 44 #
2021/0240(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Authority should have the opportunity to request a transfer ofbe able to take over supervisory tasks and powers relating to a specific obliged entity on its own initiative in case of inaction or failure to follow its instructions within the provided deadline. Since the transfer of tasks and powers over an obliged entity without the specific request of the financial supervisor to the Authority would require a discretionary decision on the part of the Authority, the Authority should address a specific request to that end to the Commission. In order for the Commission to be able to take a decision coherent with the framework of the tasks allocated to the Authority within the AML/CFT framework, the request of the Authority should encloseThe Authority should notify the Commission, providing an appropriate justification, and should indicate aindicating the precise duration of the reallocation of tasks and powers towards the Authority. The timeframe for the reallocation of powers should correspond to the time the Authority requires to deal with the risks at entity level, and should not exceed three years. The Commission should adopt a decision transferring powers and tasks for supervising the entity to the Authority swiftly, and in any case within a month.
Amendment 46 #
2021/0240(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to analyse suspicious activity affecting multiple jurisdictions, the relevant FIUs that received linked reports should be able to efficiently conduct joint analyses of cases of common interest. To this end, the Authority should be able to propoorganise, coordinate and support with all appropriate means the joint analyses of cross-border suspicious transactions or activities. The joint analyses should be triggered where there is a need to conduct just such joint analyses pursuant to the relevant provisions in Union law. Upon the explicit consent of the FIUs participating in the joint analyses, tThe staff of the Authority supporcoordinating the conduct of joint analyses should be able to receive and process all necessary data and information, including the data and information pertaining to the analysed cases.
Amendment 48 #
2021/0240(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to facilitate and improve cooperation between FIUs and the Authority, including for the purposes conducting joint analyses, the FIUs should be able to delegate one staff member per FIU to the Authority on a voluntary basis. The national FIU delegates should support the Authority’s staff in carrying out all the tasks relating to FIUs, including the conduct of joint analyses and the preparation of threat assessments and strategic analyses of money laundering and terrorist financing threats, risks and methods. Apart from the joint analyses, the Authority should encourage and facilitate various forms of mutual assistance between FIUs, including training and staff exchanges in order to improve capacity building and enable the exchange of knowledge and good practices amongst FIUs.
Amendment 49 #
2021/0240(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Authority should manage, host, and maintain FIU.net, the dedicated IT system allowing FIUs to cooperate and exchange information amongst each other and, where appropriate, with their counterparts from third countries and third parties. The Authority should, in cooperation with Member States, keep the system up-to-date. To this end, the Authority should ensure that at all times the most advanced available state-of-the- art technology is used for the development of the FIU.net, subject to a cost-benefit analysis. The Authority should ensure that the FIU.net remains a decentralised computer network.
Amendment 50 #
2021/0240(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The Chair of the Authority should chair the General Board meetings and have a right to vote when decisions are taken by simple majority. The Commission should be a non-voting member on the General Board. To establish good cooperation with other relevant institutions, the General Board should also be able to admit other non-voting observers, such as a representative of the Single Supervisory Mechanism and of each of the three European Supervisory Authorities (EBA, EIOPA and ESMA) and of the European Union Agency for Fundamental Rights (FRA) for the General Board in its Supervisory Composition and Europol, the EPPO and Eurojust for the General Board in its FIU composition, where matters that fall under their respective mandates are discussed or decided upon. To allow a smooth decision making process, decisions of the General Board should be taken by a simple majority, except for decisions concerning draft regulatory and implementing technical standards, guidelines and recommendations which should be taken by a qualified majority of Member State representatives in accordance with voting rules of the TFEU.
Amendment 52 #
2021/0240(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The governing body of the Authority should be the Executive Board composed of the Chair of the Authority and of five full time members, appointed by the General Board based on the shortlist by the Commission, after having received the binding approval of the European Parliament. With the aim of ensuring a speedy and efficient decision making process, the Executive Board should be in charge of planning and execution of all the tasks of the Authority except where specific decisions are explicitly allocated to the General Board. In order to ensure objectivity and appropriate rapidity of the decision-making process in the area of direct supervision of the selected obliged entities, the Executive Board should take all binding decisions addressed to selected obliged entities. In addition, together with a representative of the Commission the Executive Board should be collectively responsible for the administrative and budgetary decisions of the Authority. The consent of the Commission should be required when the Executive Board is taking decisions related to the budget administration, procurement, recruitment, and audit of the Authority, given that a portion of funding of the Authority will be provided from Union budget.
Amendment 53 #
2021/0240(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for swift decisions, all decisions of the Executive Board, including the decision where the Commission has a right to vote, should be taken by simple majority, with the Chair holding a casting vote in case of a tied vote. To ensure sound financial management of the Authority, the Commission’s consent should be required for decisions related to budget, administration and recruitment. The voting members of the Executive Board other than the Chair should be selected by the General Board, based on a short-list established by the Commission, after having received the binding approval of the European Parliament.
Amendment 55 #
2021/0240(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post- public employment conflicts of interests, a cooling-off period of two years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced; during the cooling- off period the persons concerned should be prohibited from acquiring any role in an obliged entity that may give rise to conflicts of interest or to situations which may objectively be perceived as a conflict of interest.
Amendment 56 #
2021/0240(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The Chair of the Authority should be appointed based on objective criteria by the Council after the binding approval by the European Parliament. He or she should represent the Authority externally and should report on the execution of Authority’s tasks.
Amendment 57 #
2021/0240(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Executive Director of the Authority should be appointed by the Executive Board based on a shortlist from the Commission, after the binding approval of the European Parliament. The Executive Director of the Authority should be a senior administrative official of the Authority, in charge of the day-to-day management of the Authority, and responsible for budget administration, procurement, and recruitment and staffing.
Amendment 60 #
2021/0240(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Without prejudice to the obligations of the Member States and their authorities, the processing of personal data on the basis of this Regulation for the purposes of the prevention of money laundering and terrorist financing should be considered necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Authority under Article 5 of Regulation (EU) 2018/1725 of the European Parliament and of the Council41 and Article 6 of Regulation 2016/679of the European Parliament and of the Council42 . When developing any instruments or taking any decisions that may have a significant impact on the protection of personal data, the Authority should closely cooperate, where relevant,onsult with the European Data Protection Board established by Regulation (EU) 2016/679 and with the European Data Protection Supervisor established by Regulation (EU) 2018/1725 to avoid duplication. _________________ 41 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 63 #
2021/0240(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The Authority should establish cooperative relations with the relevant Union agencies and bodies, including Europol, Eurojust, the EPPO, the EDPS, the FRA and the European Supervisory Authorities, namely the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority. To improve cross-sectoral supervision and a better cooperation between prudential and AML/CFT supervisors the Authority should also establish cooperative relations with the authorities competent for prudential supervision of financial sector obliged entities, including the European Central Bank with regard to matters relating to the tasks conferred on it by Council Regulation (EU) No 1024/201343 , as well as with resolution authorities as defined in Article 3 of Directive (EU) 2014/59/EU of the European Parliament and the Council44 and designated Deposit Guarantee Schemes authorities as defined in Article 2 (1), point 18 of Directive 2014/49/EU of the European Parliament and the Council45 . To this end, the Authority should be able to conclude agreements or memoranda of understanding with such bodies, including with regard to any information exchange which is necessary for the fulfilment of the respective tasks of the Authority and these bodies. The Authority should make its best efforts to share information with such bodies on their request, within the limits posed by legal constraints, including data protection legislation. In addition, the Authority should enable effective information exchange between all financial supervisors in the AML/CFT supervisory system and the aforementioned authorities, such cooperation and information exchanges should take place in a structured and efficient way. _________________ 43 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63). 44 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). 45 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149).
Amendment 64 #
2021/0240(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Public-private partnerships (‘PPPs’) have become increasingly important cooperation and information exchange fora between FIUs, various national supervisory and law enforcement authorities and obliged entities in some Member States. Where the Authority would act as direct supervisor of selected obliged entities which are part of a PPP in any Member State, it could be beneficial for the Authority toshould also participate therein, on conditions determined by the relevant national public authority or authorities that set up such PPP, and with their explicit agreement.
Amendment 68 #
2021/0240(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point f a (new)
Article 1 – paragraph 3 – point f a (new)
(f a) providing training and assistance to selected obliged entities, financial and non-financial supervisors, and FIUs.
Amendment 71 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes under the Union restrictive measurll financial sanctions, including asset freezes, imposed under international, Union and national law against individuals, entities and bodies, across the internal market;
Amendment 74 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)
Article 5 – paragraph 3 – point g a (new)
(g a) provide training and assistance to financial supervisors.
Amendment 75 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point f a (new)
Article 5 – paragraph 4 – point f a (new)
(f a) provide training and assistance to non-financial supervisors.
Amendment 76 #
2021/0240(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point i a (new)
Article 5 – paragraph 5 – point i a (new)
(i a) provide training and assistance to FIUs.
Amendment 77 #
2021/0240(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By the end of each year, the Chair of the Authority shall present to the General Board in supervisory composition as referred to in Article 46(2) a consolidated planning of the thematic reviews that supervisory authorities intend to undertake during the following year. The General Board in supervisory composition may request that supervisory authorities include additional thematic reviews in their next working programme
Amendment 78 #
2021/0240(COD)
2. The Authority shall organise, facilitate and encourage at least the following activities:
Amendment 79 #
2021/0240(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Each supervisory authority may submit a request for mutual assistance related to its supervisory tasks to the Authority, specifying the type of assistance that can be provided by the staff of the Authority, the staff of one or more supervisory authorities, or a combination thereof. If the request concerns activities that relate to the supervision of specific obliged entities, the requesting supervisory authority shall ensure that access to any information and data necessary for the provision of assistance may be granted. The Authority shall keep and regularly update the information on specific areas of expertise and on the capacities of supervisory authorities to provide mutual assistance. The Authority may identify potential areas of interest and invite supervisory authorities to request mutual assistance.
Amendment 80 #
2021/0240(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. The Authority shall consult the European Data Protection Supervisor to establish storage limitation periods for each type of data processed.
Amendment 83 #
2021/0240(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’); and the share of final beneficiaries of Union funds;
Amendment 84 #
2021/0240(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The JST coordinator shall ensure the coordination of the work within the joint supervisory team. Joint supervisory team members shall follow the JST coordinator’s instructions as regards their tasks in the joint supervisory team. This shall not affect their tasks and duties within their respective financial supervisors. The JST coordinator shall be delegated from the Authority to the financial supervisor in the Member State where a selected obliged entity has its headquarters, upon agreement of the relevant financial supervisors. The duration of the delegation shall be limited to the time period during which the Authority carries out supervisory tasks with respect to the selected obliged entity.
Amendment 85 #
2021/0240(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Authority shall disclose to the public every administrative pecuniary sanction and periodic penalty payment that has been imposed on a selected obliged entity pursuant to Articles 21 and 22, unless such disclosure to the public would cause disproportionate damage to the parties involved.
Amendment 86 #
2021/0240(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Authority shall refer matters for criminal prosecution to the relevant national authorities or, when relevant, to the EPPO, where, in carrying out its duties under this Regulation, it finds that there are serious indications of the possible existence of facts liable to constitute criminal offences. In addition, the Authority shall refrain from imposing administrative pecuniary sanctions or periodic penalty payments where a prior acquittal or conviction arising from identical facts, or from facts which are substantially the same, has acquired the force of res judicata as the result of criminal proceedings under national law.
Amendment 87 #
2021/0240(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Authority shall produce a report setting out the results of each assessment. That report shall be prepared by the staff of the Authority, or by the staff of the Authority jointly with the staff of the financial supervisors where the staff of financial supervisors were involved in the review on an ad-hoc basis. The report shall be adopted by the Executive Board, taking into account the observations of the General Board in supervisory composition. The report shall explain and indicate any specific follow-up measures required to be taken by the financial supervisor or financial supervisors subject to the assessment that are deemed appropriate, proportionate and necessary as a result of the assessment. The follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 43 including recommendations addressed to all or several financial supervisors or to any specific financial supervisor, as appropriate. Those guidelines and recommendations shall be published on the website on the Authority at the same time as they are sent to the financial supervisors.
Amendment 88 #
2021/0240(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) assist in the organisation oforganise college meetings, where requested by the relevant financial supervisors;
Amendment 89 #
2021/0240(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) assist in the organisation oforganise joint supervisory plans and joint examinations;
Amendment 90 #
2021/0240(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. For the purposes of paragraph 1, the staff of the Authority shall have full participation rights in the AML supervisory colleges and shall be able to organise and participate in their activities, including on- site inspections, carried out jointly by two or more financial supervisors.
Amendment 91 #
2021/0240(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 92 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Where the financial supervisor concerned does not comply with the request referred to in paragraph 2 andor does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may request the Commission to grant permission to transftake over the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the non-selected obliged entity from the financial supervisor concerned to the Authority.
Amendment 93 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 5 – introductory part
Article 30 – paragraph 5 – introductory part
5. The requestnotification from the Authority to the Commission shall contain:
Amendment 94 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 5 – point c
Article 30 – paragraph 5 – point c
(c) a time limit, which shall not exceed three years, for the requested transftake over of the relevant tasks and powers;
Amendment 95 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
Amendment 96 #
2021/0240(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. On the tenth working daye month after the notification of the decision by the Authority authorising the transfake over of tasks and powers in relation to the non-selected obliged entity, the non- selected obliged entity referred to in paragraph 2 shall be deemed a selected obliged entity for the purposes of the exercise of the tasks referred to in Article 5(2) and the powers referred to in Article 6(1) and Articles 16 to 22. The Commission decisionAuthority shall set a time-limit for the exercise of these tasks and powers, upon the expiry of which they shall be automatically transferred back to the financial supervisor concerned.
Amendment 97 #
2021/0240(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Authority shall publish the findings of the peer review, as well as the guidelines and recommendations, on its website and submit an opinion to the Commission where, having regard to the outcome of the peer review or to any other information acquired by the Authority in carrying out its tasks, it considers that further harmonisation of Union rules applicable to obliged entities in the non- financial sector or to non-financial supervisors would be necessary from the Union’s perspective.
Amendment 98 #
2021/0240(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. Where the supervisory authority in the non-financial sector has not complied with Union law within one month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or may on its own initiative, issue a formal opinion requiring the supervisory authority in the non- financial sector to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation.
Amendment 99 #
2021/0240(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Article 32 – paragraph 4 – subparagraph 1
The CommissionAuthority shall issue such a formal opinion within three months after the adoption of the recommendation. The CommissionAuthority may extend this period by one month.
Amendment 100 #
2021/0240(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
Amendment 101 #
2021/0240(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The supervisory authority in the non-financial sector shall, within ten working days of receipt of the formal opinion referred to in paragraph 5, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion.
Amendment 102 #
2021/0240(COD)
Proposal for a regulation
Article 32 – paragraph 6 – subparagraph 1
Article 32 – paragraph 6 – subparagraph 1
Amendment 104 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where, pursuant to Article 25 of [OP please insert the next number to the AMLD, COM(2021)423], a FIU of a Member State identifies a potential need to conduct a joint analysis with one or several FIUs in other Member States, it shall notify the Authority thereof. The Authority shall inform the FIUs in all the relevant Member States and invite them to take part in the joint analysis within five days of the initial notification. The Authority may also take the initiative to organise a joint analysis between two or more FIUs if it identifies a potential benefit. To this end, the Authority shall use secured channels of communication. The FIUs in all the relevant Member States shall consider taking part in the joint analysis. The Authority shall ensure that the joint analysis is launched within 20 days of the initial notification.
Amendment 105 #
2021/0240(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Upon explicit consent of the FIUs participating in the joint analysis, tThe staff of the Authority supportorganising the joint analysis shall be granted access to all the data pertaining to the subject-matter of the joint analysis and shall be able to process those data.
Amendment 106 #
2021/0240(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. On the basis of the feedback referred to in paragraph 2, or on its own initiative, the Authority mayshall issue follow- up reports relating to the conduct of joint analyses, including specific suggestions on adjustments regarding the methods and procedures for the conduct of the joint analyses, and conclusions on the outcome of the joint analyses. The procedural and operational aspects of the follow-up report shall be shared with all FIUs, without disclosing confidential or restricted information on the case. The conclusions and recommendations relating to the conduct of the joint analyses shall be shared with the FIUs that participated in the relevant joint analyses, and with all the other FIUs insofar as these conclusions do not contain confidential or restricted information.
Amendment 107 #
2021/0240(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The FIU of each Member State mayshall delegate one staff member to the Authority. The national FIU delegate shall have his or her regular place of work at the seat of the Authority.
Amendment 109 #
2021/0240(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) personnel exchanges and secondment schemes, including secondment of FIU staff from a Member State to the Authority or from the Authority to the FIUs;
Amendment 110 #
2021/0240(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Any FIU may submit to the Authority a request for assistance related to the tasks of the FIU, specifying the type of assistance that can be provided by the staff of the Authority, the staff of one or more than one FIU, or a combination thereof. The FIU requesting assistance shall ensure the access to any information and data necessary for the provision of such assistance. The Authority shall keep and regularly update information on specific areas of expertise and capacity of FIUs to provide mutual assistance. The Authority may also suggest assistance to FIUs.
Amendment 111 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Authority shall ensure uninterrupted functioning of the FIU.net and keep it and up to date. Where necessary to support or strengthen the exchange of information and cooperation between the FIUs and based on the needs of FIUs, the Authority shall design and implement, or otherwise make available, upgraded or additional functionalities of FIU.net. The Authority shall ensure that FIU.net remains a decentralised computer network.
Amendment 112 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 3 – point b
Article 37 – paragraph 3 – point b
(b) organise, coordinate, manage and support any testing activities;
Amendment 113 #
2021/0240(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. For the purposes of carrying out the tasks referred to in paragraphs 1, 2 and 3, the Authority shall be empowered to conclude or enter into legally binding contracts or agreements with third party service providershave dedicated staff to ensure the functioning and security of FIU.net .
Amendment 114 #
2021/0240(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Before submitting them to the Commission, the Authority shall conduct open public consultations on draft regulatory technical standards and shall analyse the potential related costs and benefits, unless those consultations and analyses are highly disproportionate in relation to the scope and impact of the draft regulatory technical standards concerned or in relation to the particular urgency of the matter.
Amendment 115 #
2021/0240(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
The Commission shall conduct open public consultations on draft regulatory technical standards and analyse the potential related costs and benefits, unless such consultations and analyses are disproportionate in relation to the scope and impact of the draft regulatory technical standards concerned or in relation to the particular urgency of the matter.
Amendment 116 #
2021/0240(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Where appropriate, the European Parliament or the Council may invite the responsible Commissioner, together with the Chairperson of the Authority, within onthree months of the notice referred to in paragraph 1, for an ad hoc meeting of the competent committee of the European Parliament or the Council to present and explain their differences.
Amendment 117 #
2021/0240(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
Before submitting draft implementing technical standards to the Commission, the Authority shall conduct open public consultations and shall analyse the potential related costs and benefits, unless such consultations and analyses are highly disproportionate in relation to the scope and impact of the draft implementing technical standards concerned or in relation to the particular urgency of the matter.
Amendment 119 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
The Authority shall publish the fact that a supervisory authority does not comply or does not intend to comply with that guideline or recommendation. The Authority may also decide, on a case-by- case basis, to publish and the reasons provided by the supervisory authority for not complying with that guideline or recommendation. The supervisory authority shall receive advanced notice of such publication.
Amendment 120 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 3
Article 43 – paragraph 3 – subparagraph 3
Amendment 121 #
2021/0240(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 3 a (new)
Article 43 – paragraph 3 – subparagraph 3 a (new)
In the report on the execution of its tasks, referred to in Article 72(2), the Authority shall inform the European Parliament, the Council and the Commission of the guidelines and recommendations that it has issued, stating which national authority has not complied with them and outlining how the Authority intends to ensure that its recommendations and guidelines are followed in the future.
Amendment 122 #
2021/0240(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The Authority mayshall, upon a request from the European Parliament, from the Council or from the Commission provide technical advice to the European Parliament, the Council and the Commission in the areas set out in the legislative acts referred to in Article 1(2).
Amendment 123 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The General Board may decide to admit observers. In particular, the General Board in FIU composition shall admit as an observer a representative of OLAF, Europol, Eurojust and the EPPO to meetings when matters fall under their respective mandates. The General Board in supervisory composition shall admit a representative nominated by the Supervisory Board of the European Central Bank and a representative of each of the European Supervisory Authorities, where matters within the scope of their respective mandates are discussed. A representative of FRA may also be invited as an observer to meetings of the General Board.
Amendment 129 #
2021/0240(COD)
Proposal for a regulation
Article 52 – paragraph 7 – introductory part
Article 52 – paragraph 7 – introductory part
7. During a period of onetwo years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
Amendment 130 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of twohree qualified candidates for the position of the Chair of the Authority. The Council, afterBefore the binding approval, candidates shall subject themselves to hearings by the competent committee(s) of the European Parliament after which hearings the European Parliament shall select one of the three candidates for the position of Chair. Following the binding approval by the European Parliament, the Council shall adopt an implementing decision to appoint as the Chair of the Authority the candidate selected by the European Parliament.
Amendment 132 #
2021/0240(COD)
2. If the Chair of the Authority no longer fulfils the conditions required for the performance of his or her duties or has been guilty of serious misconduct, the Council may, following a proposal by the General Board in either composition and after having received the binding approval of the European Parliament, adopt an implementing decision to remove the Chair of the Authority from office. The Council shall act by qualified majority.
Amendment 135 #
2021/0240(COD)
Proposal for a regulation
Article 58 – paragraph 5 – subparagraph 1
Article 58 – paragraph 5 – subparagraph 1
The Executive Director may be removed from office by the Executive Board on proposal by the Commission or the European Parliament.
Amendment 137 #
2021/0240(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 138 #
2021/0240(COD)
Proposal for a regulation
Article 68 – paragraph 8 a (new)
Article 68 – paragraph 8 a (new)
8 a. By 1 October each year the Executive Director shall submit to the European Parliament detailed follow-up addressing the main recommendations made in the discharge decision taken earlier that year.
Amendment 139 #
2021/0240(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. TBy the end of 2024, the Authority shall have acceded to the Interinstitutional Agreement concerning internal investigations by OLAF and shall have immediately adopted appropriate provisions for all staff of the Authority.
Amendment 140 #
2021/0240(COD)
Proposal for a regulation
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3 a. The Authority shall request annual reports on ICT related incidents from the FIUs.
Amendment 141 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
2. The Authority shall submit on an annual basis to the European Parliament, to the Council, and to the Commission a report on the execution of the tasks conferred on it by this Regulation, including information on the planned evolution of the structure and amount of the supervisory fees referred to in Article 66, as well on guidelines and recommendations it has issued following the procedure set out in Article 43. The Chair of the Authority shall present that report in public to the European Parliament.
Amendment 142 #
2021/0240(COD)
Proposal for a regulation
Article 72 – paragraph 4
Article 72 – paragraph 4
4. The Authority shall reply orally or in writing to questions put to it by the European Parliament as soon as possible and in any case at the latest within five weeks of their notification to the Authority.
Amendment 143 #
2021/0240(COD)
Proposal for a regulation
Article 77 – title
Article 77 – title
Cooperation with European Supervisory Authorities and the European Data Protection BoardSupervisor
Amendment 144 #
2021/0240(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall closely cooperate withonsult the European Data Protection BoardSupervisor established by Regulation (EU) 2016/6798/1725 to avoid duplication, inconsistencies and legal uncertainty in the sphere of data protection.
Amendment 145 #
2021/0240(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
Where relevant for the fulfilment of the tasks referred to in Sections 3 and 6 of Chapter II, the Authority mayshall participate in existing cooperation arrangements established in one or across several Member States by supervisory authorities or FIUs, where such arrangements involve, inter alia, cooperation and information exchange between the aforementioned authorities and selected obliged entities. Participation of the Authority shall be subject to consent of the relevant national authority that has established such arrangement.
Amendment 146 #
2021/0240(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The Authority shall establish and maintain a close relationship with OLAF, Europol, Eurojust, and the EPPO. To that end, by the end of 2024, the Authority shall have concluded separate working arrangements with OLAF, Europol, Eurojust, and the EPPO setting out the details of their cooperation. The relationship shall aim in particular to ensure the exchange of strategic information and trends in relation to money laundering and terrorist financing threats facing the Union.
Amendment 147 #
2021/0240(COD)
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
When drafting guidelines and recommendations in accordance with Article 43, having a significant impact on the protection of personal data, the Authority shall, after being authorized by the Commission, consult the European Data Protection Supervisor established by Regulation (EU) 2018/1725. The Authority may also invite national data protection authorities as observers in the process of drafting such guidelines and recommendations.
Amendment 148 #
2021/0240(COD)
Proposal for a regulation
Article 86 – paragraph 6
Article 86 – paragraph 6
6. A delegated act adopted pursuant to Article 25 and Article 65 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of onthree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 149 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point c
Article 88 – paragraph 1 – point c
(c) the impact of the activities related to support and coordination of FIUs, and in particular the organisation and coordination of the joint analyses of cross- border activities and transactions conducted by FIUs;
Amendment 150 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point j a (new)
Article 88 – paragraph 1 – point j a (new)
(j a) the effectiveness of the Authority’s anti-fraud measures;
Amendment 152 #
2021/0240(COD)
Proposal for a regulation
Article 88 – paragraph 3 a (new)
Article 88 – paragraph 3 a (new)
3 a. The evaluation and review of this Regulation shall be coordinated with the evaluation and review of the other files in the comprehensive package aiming at strengthening the Union’s AML/CFT framework, including Directive [please insert reference – proposal for 6th Anti- Money Laundering Directive], Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847] and Regulation [please insert reference – proposal for the Anti-Money Laundering Regulation].
Amendment 9 #
2020/2246(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the 31st Annual report on the protection of the EU’s financial interests and the fight against fraud, which underlines the achievements of 2019 with regards to the consolidation of the institutional framework on the fight against fraud and irregularities at Union level achieved by the transposition into national law by 12 Member States of the measures provided for in the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (‘the PIF Directive’), with the remaininghile 22 Member States doingid so by June 2020; regrets that the Commission had to send reasoned opinions to Ireland and Romania on 3 December 2020 for failing to transpose into national law the PIF Directive;
Amendment 26 #
2020/2246(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges Member States together with the Commission to cooperate more closely with regard to exchanges of information, improving data collection, and enhancing the effectiveness of controls; in this regard calls on Member States to publish data on final beneficiaries in an uniform machine-readable format and ensure the interoperability with the Commission monitoring tools;
Amendment 29 #
2020/2246(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes from the 2020 VAT Gap Report that in 2018 the EU VAT Gap dropped to EUR 140 billion and could fall below EUR 130 billion in 2019; however, is concerned that the VAT Gap may reach EUR 164 billion in 2020 dueand asks the Commission for a thorough explanation on whether this increase was anyhow related to the COVID-19 pandemic;
Amendment 32 #
2020/2246(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that between 2017 and 2019 the Commission carried out on-the-spot inspections on the control strategy in the field of customs value in all Member States and found that the Union’s financial interests were not effectively protected, leading to significant losses of Traditional Own Resources to the EU budget; Notes that OLAF has issued investigation reports with recommendations to six Member States which have not fully implemented the necessary measures to tackle undervaluation fraud consistently; calls on the Commission to report back to the Parliament specifically naming the Member States which could share their best practice and also those where significant challenges remain;
Amendment 33 #
2020/2246(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that solar panels were the goods most affected by fraud and irregularities in monetary terms in 2019, as was also the case in 2018, and 2017; calls on the Commission andto recognise the systemic nature of such fraud, fully informs the Council and together with Member States to takes strong action in this regard;
Amendment 37 #
2020/2246(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates that a combination of different detection methods (release controls, post-release controls, inspections by anti-fraud services and others) is most efficient for detecting fraud, and that the efficiency of each method depends on the Member State concerned, the efficient coordination of its administration, and the ability of the relevant Member State services to communicate with each other; calls on the Commission to inform the Council which member States could share their 'best practice' experience and where significant challenges for improvements remain;
Amendment 42 #
2020/2246(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the complexity of the analysis on cohesion policy’s data and the different phases of PPs 2007-2013, notes that the financial amounts reported are significantly lower than the exceptional year of 2018 but on average are trending upwards for the Cohesion Fund; underlines the importance of cooperation with the judicial authorities and considers the need for closer attention to the unexpected downturn of fraudulent irregularities as well as non-fraudulent, excluding ‘exceptional’ cases, for PP 2014-2020 in 2019 of the financial amounts involved in fraudulent irregularities for all funds and in particular regarding the ERDF; notes, moreover, thestresses an urgent need for the Commission, the OLAF and the EPPO to fully investigate if Member States’ different reporting patterns in terms of their tendency to detect fraudulent irregularities with high financial amounts involved are somehow related to possible conflicts of interests of Member States' stakeholders or even criminal activity;
Amendment 47 #
2020/2246(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates the transparency requirements for CAP and cohesion policies, which oblige the responsible authorities of the Member States to maintain a publicly available list of final beneficiaries; strongly calls on Member States to publish such data in an uniform machine- readable format and ensure the interoperability of the information; calls ondemands that the Commission to collects and aggregates the data and publish lists of the largest beneficiaries from each fund in each Member State;
Amendment 48 #
2020/2246(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that in 2019 actions related to health infrastructure were affected by breaches of public procurement rules; among the fraudulent irregularities the most common issues detected concerned supporting documents; fifteen Member States reported irregularities in actions related to health infrastructures; seven of these also detected fraud; notes that non- reporting of irregularities in this area by other Member States is not an indication that they awere not affected by such risks and calls on the Commission, the OLAF and the EPPO that fraudulent activities, especially those related to fighting the COVID-19 pandemic do not remain unresolved;
Amendment 68 #
2020/2246(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the importance of prioritising the development and establishment of National Anti-Fraud Strategies (NAFSs) by all Member States, also in the light of the new challenges of the COVID-19 crisis and the Recovery and Resilience Plans; is concerned that Sixteen Member States have not yet adopted a NAFS; calls on Member States who have not yet adopted a NAFS to do so without delay;
Amendment 79 #
2020/2246(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Urges the five Member States that have not yet joined the EPPO to do so without undue delay; regrets that Finland and Slovenia have so far failed to put forward suitable European prosecutors to join the Office; recalls that the prosecutors must be independent from national influence; is concerned that the Council decided not to follow the recommendations by the European selection panel when appointing several prosecutors;
Amendment 84 #
2020/2246(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Asks the Commission to increase the EPPO’s financial and staff resources to enable it to tackle the challenges that will arise from the spending of the exceptionally large recovery fund;
Amendment 108 #
2020/2246(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of the Early Detection and Exclusion System (EDES); invites the Commission to analyse the impact of a possible extension of EDES to shared managementrequest an extension of EDES to shared management in the upcoming review of the Financial Regulation; asks the Commission to provide this system with the necessary financial and staff resources to operate on a full time basis;
Amendment 123 #
2020/2246(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. NoteRegrets that only 13 Member States made use of ARACHNE during their risk analysis; reiterates the importance of this tool, as well as of interoperability of IT systems and databases for fraud risk analysis and fraud detection purposes; reiterates its call on the Commission to consider makingmake the use of ARACHNE mandatory;
Amendment 3 #
2020/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas financial and economic crime includesmakes use of corruption, fraud, coercion, violence, collusion, obstruction, money laundering and and intimidation for unlawful gain, concealing the money of illegal origin through money laundering, with the option of using it for further unlawful purposes, including the financing of terrorism;
Amendment 4 #
2020/2221(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a rising number of organised crime groups are active in the EU, often with cross-border reach; whereas the phenomenon is increasingly complex with new criminal markets and new ways of operating that are emerging due to globalisation and new technologies; whereas Mafia-style organisations are particularly active in their attempts to intercept EU funds in various Member States;
Amendment 5 #
2020/2221(INI)
Motion for a resolution
Recital D
Recital D
D. whereas technology brings new detection and monitoring capabilities, reducmaking the burdeaction onf investigators more effective and enabling the design of smarter enforcement measures;
Amendment 10 #
2020/2221(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that value-added tax (VAT) fraud is another major component of revenue fraud; points out that one of the sectors most at risk is the fuel sector, where criminal networks abuse VAT exemption rules and price differences among different types of fuel, resulting in huge losses of tax revenue; is concerned by the fact that criminal groups have been proven to exchange knowledge, information and intelligence in the area of VAT fraud;
Amendment 13 #
2020/2221(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its regret that subsidies are an area affected by fraud on the expenditure side of the Union budget; notes that subsidy fraud happens in many areas of EU spending, such as agriculture policy, cohesion policy, research and development and environmental policy; points out that many such fraudulent activities are carried out by organised crime gangs, including Mafia-style gangs;
Amendment 15 #
2020/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the special impact of organised crime in the misuse of common agricultural policy (CAP) funds; reiterates its concern that the current structure of CAP subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent EU funding from reaching its intended beneficiaries; reiterates that the development of proper Union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; reiterates firmly that an improved cooperation between the Commission and Member States is necessary, as well as tightening of rules with regard to data collection and management for final beneficiaries of CAP subsidies;
Amendment 17 #
2020/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the special impact of organised crime in the misuse of common agricultural policy (CAP) funds; reiterates its concern that the current structure of CAP subsidies incentivises land grabbing by criminal and oligarchical structures; stresses that limited transparency in combination with corruption enables criminal organisations to keep their actions out of sight and prevent EU funding from reaching its intended beneficiaries; reiterates that the development of proper Union-level legal instruments against land grabbing and the enabling effective information sharing are crucial in this regard; points to the need for greater scrutiny by the Commission or the relevant agencies, including with regard to livestock, with particular reference to the funds granted per head of cattle, whose actual existence must be properly verified;
Amendment 18 #
2020/2221(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 22 #
2020/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the Commission and OLAF have identified fraud in public tenders and procurement as a major trend among fraudsters; points out thatregrets that in many Member States there is no specific legislation against organised crime in the face of fraud schemes which often take place on a transnational level and can span several (EU and non-EU) countries, making them difficult to identify and dissolve;
Amendment 24 #
2020/2221(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the COVID-19 pandemic creates new opportunities for fraudsters and organised crime; notes with concern that Europol observed a rise in coronavirus-related criminal activities in the form of cybercrime, fraud and counterfeiting, including that of medical equipment and personal protective equipment (PPE); recalls the scams and fake offers of vaccines detected by EU countries, as one of many harmful examples, where fraudsters tried to sell more than 1.1 billion vaccine doses for a total price of over EUR 15.4 billion;
Amendment 26 #
2020/2221(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned by the assessment of the PIF Report, which found that seven Member States detected fraud in relation to health infrastructure in 2019 and that health infrastructure was particularly affected by violations of public procurement rules; points out that the dependence on emergency procurement procedures in response to the COVID-19 crisis may have aggravated these problems and calls on the Commission and Member States to carryout a representative sample of ex-post controls in cases where emergency procurement procedures were used;
Amendment 28 #
2020/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is extremely worried by Europol’s expectation that the recession following the pandemic will create new opportunities for organised crime; warns that as organised crime follows the money, the unprecedented increase in EU spending in the context of the NextGenerationEU recovery plan offers major potential for misuse of funds by organised crime; reiterates its call to the Council to agree with additional 40 posts for auditors with the European Court of Auditors and to the OLAF and EPPO to make sure they allocate sufficient resources in discovering and prosecuting criminal activities targeting the NextGenerationEU;
Amendment 29 #
2020/2221(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that organised crime, in particular Mafia-style crime, has already, in the past, geared its business to renewable energy; warns that, since they are already active in this sector, criminal organisations can easily intercept funds earmarked for the ecological transition, which account for a significant percentage of Next Generation EU funds;
Amendment 30 #
2020/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note with concern of the facilitators of organised crime, such as money laundering, cybercrime, document fraud, corruption, fake registration and the use of shell companies; stresses that these actions impact on the authorities’ ability to effectively monitor whether EU money is spent as intended;
Amendment 35 #
2020/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the 2019 PIF Report counted 514 fraudulent irregularities on the expenditure side with a financial value of EUR 381.4 million, and 425 fraudulent irregularities on the revenue side, totalling EUR 79.7 million; emphasises that these numbers do not capture the true extent of fraud, which is likely to be significantly greater; further highlights that not all fraud is committed by organised crime gangs, especially on the expenditure side, where fraud is frequently committed by individuals or individual companies and can even include high public or government officials;
Amendment 36 #
2020/2221(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses with concern that corruption is an integral part of nearly all the activities of criminal organisations and that it poses a serious threat to the financial interests of the European Union, with an estimated GDP loss ranging between EUR 170 and 990 billion and a cost to the EU of more than EUR 5 billion per year for the public procurement part of the budget alone1 a; _________________ 1a 'The Cost of Non-Europe in the area of Organised Crime and Corruption: Annex II: Corruption' RAND Europe, 2016
Amendment 44 #
2020/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the establishment of the European Public Prosecutor’s Office (EPPO), with its mandate to investigate, prosecute and bring to judgment crimes against the EU budget, as an important asset in the fight against fraud and organised crime in the EU; calls for effective funding for the EPPO; regrets that five Member States have not yet joined the EPPO; regrets the lack of nominations of European delegated prosecutors, in particular by Slovenia, and considerable delays in many other Member States; highlights that this may represent a substantial hindrance in the EPPO’s effectivepoints out that EPPO’s lack of mandate to operate in Member States who did not join EPPO severely weakens the efficiency and effectiveness of the pan-European fight against cross-border crimes;
Amendment 45 #
2020/2221(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the establishment of the European Public Prosecutor’s Office (EPPO), with its mandate to investigate, prosecute and bring to judgment crimes against the EU budget, as an important asset in the fight against fraud and organised crime in the EU; calls for effective funding for the EPPO; regrets that five Member States have not yet joined the EPPO and for those countries calls for greater oversight on the part of the Commission; regrets the lack of nominations of European delegated prosecutors, in particular by Slovenia, and considerable delays in many other Member States; highlights that this may represent a substantial hindrance in the EPPO’s effective fight against cross-border crime;
Amendment 51 #
2020/2221(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets that the national approaches to tackle organised crime vary significantly across Member States in terms of legislation, strategies and operational capacity; notes that this is partly due to varying levels of adoption and implementation of EU legislation; regrets greatly that some Member States continuously choose not to implement OLAF’s recommendations following the conclusion of an investigation and do not launch judiciary actions aiming at recovering defrauded EU funds;
Amendment 58 #
2020/2221(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that although the Commission has encouraged Member States to develop national anti-fraud strategies (NAFS), only 13 Member States have done so and none of them used the template provided by the Commission; notes with concern that these differences across Member States pose obstacles for efficient cooperation; calls, therefore, on the Commission to take more resolute action with a view to making it mandatory for the Member States to lay down rules to prevent fraud against the EU;
Amendment 60 #
2020/2221(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Is of the view that, given the transnational dimension of the fraudulent activities of criminal organisations, it is of vital importance to take action through measures to prevent and combat crime, including Mafia-style crime, and through the approximation of criminal laws in the Member States;
Amendment 61 #
2020/2221(INI)
22. Is concerned that the current system of differing national approaches prevents an effective, cross-border approach to address the problem, which gives criminals an opportunity to continue their actions without being held accountable; calls on the Member States to cooperate closely with EU bodies and each other and to make use of the Union’s tools and services in the fight against organised crime in order to excel data exchange and facilitate cross- border operations targeting organised crime activities against the EU budget;
Amendment 65 #
2020/2221(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States and the Commission to consider a more coherent use of all the available tools to detect and tackle fraud, in particular the Arachne IT platform and EDES; emphasises that the interoperability of Arachne, EDES, institutional and national databases is crucial for ensuring an effective information exchange aimed at preventing and identifying fraud against the EU budget; calls on the Commission to consider the extension of the application of EDES to funds under shared management; calls on the Commission to make the use of Arachne, especially for funds under CAP, mandatory for the Member States;
Amendment 69 #
2020/2221(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States, with the support of the Commission, to provide training to national authorities to equip them with adequate knowledge for using tools such as EDES and Arachne effectively and in accordance with EU reporting standards; calls for Anti-Money Laundering trainings schemes allowing authorities to detect risk of potential fraud before the funds are disbursed, particularly in area of KYC and unrevealed involvement of PEPs in CAP subsidies, projects and grants;
Amendment 71 #
2020/2221(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Believes that transparency of public funds is crucial to maintain a high level of accountability and avoid conflicts of interests or corruption; recommends that all political parties in Europe operate with transparent bank accounts, which allow citizens to consult they transaction history and identify potential fraudulent behaviour such as links to organised crime;
Amendment 74 #
2020/2221(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that an important step in fighting organised crime is making it less profitable; recalls in this regard the work of OLAF, whose investigations are a crucial tool in the fight against fraud; regrets that the indictment rate following recommendations by OLAF to Member States is low and follows a downward trend, as it decreased from 53 % in the 2007-2014 period to 37 % in the 2016- 2020 period; further notes that the extent to which financial amounts recommended for recovery are actually recovered has not been assessed in recent years, and that the most recent assessment covering the years 2002 to 2016 indicates a recovery rate of 30 %; calls on OLAF and the Commission to investigate the underlying reasons and on the Member States to cooperate closely with the Union bodies, to ensure that funds misused by organised crime are effectively recovered; takes the view that decisive action to recover funds, including through preventive or value-based seizures, can deter criminal organisations from committing fraud against the European Union, thereby protecting its financial interests;
Amendment 8 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to assess the environmental impact of data sharing and the infrastructures required to ensure a sustainable digital deployment in line with the Green Deal.; Stresses that, despite the current high carbon footprint of development, deployment and use of artificial intelligence, robotics and related technologies, including automated decisions and machine learning, those technologies can contribute to the reduction of the current environmental footprint of the ICT sector; calls for the introduction of an EU digital sustainability index based on an analysis of product life cycles;
Amendment 30 #
2020/2216(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Points out that SMEs and other economic actors should use cooperation as much as possible, working in an ecosystem that benefits citizens and is able to support growth. The use of open source is a path towards open and sustainable digital transformation, both through open source software and open hardware - progressing towards European strategic autonomy in digital;
Amendment 34 #
2020/2216(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that an innovative and competitive data economy is built on openness ; stresses in this context the need to avoid service provider or technological lock-in for public data collection processes and calls for all Union public procurement processes and funding programmes to include open data access, mandatory interoperability and portability requirements, as well as to promote the use of open-source software and hardware;
Amendment 45 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that enabling sharing and access to essential and well-defined data sets will be key to fully unlock the potential of the Green Deal; calls on the Commission to assess which datasets are essential for the ecological transition in the context of sustainable products and services, inter alia in product manufacturing, transportation, carbon, energy and biodiversity impact, as well as their end-of life handling; calls on the Commission to consider extending the scope of the high value datasets defined in Directive (EU) 2019/1024 on Open Data to private actors;
Amendment 54 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 58 #
2020/2216(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that there is an urgent need to incentivise access to the data that is currently locked in the private sector, while ensuring that the use of public money always result in public data. To that regard, calls for the establishment of a "public money, public data" principle and call for incentives meant to give SMEs access to non personal data produced by other private stakeholders in a voluntary and mutually benefiting process;
Amendment 89 #
2020/2216(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls for impact assessments on the consequences of a digital future on people. Recalls that those without digital skills are left behind and digital infrastructure cannot evolve and function without proper operators. Calls for mitigation of negative impact through reskilling and upskilling. Underlines that the gender dimension needs to be taken into account, given the insufficient representation of women in STEM and digital companies;
Amendment 117 #
2020/2216(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Points out that the most efficient way of reducing bias in data based systems is by ensuring that the maximum of non-personal data is available to train them, for which it is necessary to limit any unnecessary barrier to text-and-data mining,and to facilitate cross-border uses; notes in addition that public domain or freely licensed data are often used by AI and machine learning developers when selecting training data, both for ease of access and to avoid potential infringement liability exposure, which creates a particular form of selection bias in training data, which can often lead to other forms of more harmful bias in results; emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that developers may still face;
Amendment 123 #
2020/2216(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Highlights that the sharing of data should be used to enhance competition; emphasises the need for adequate safeguards against market failures on data markets; suggest that the Commission takes advantage of the review of horizontal and vertical competition guidelines to introduce new tools to counter excessive market concentration, inherent to data markets, including, inter alia ongoing monitoring for at-risk- markets and, where necessary, ex-ante regulation;
Amendment 127 #
2020/2216(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Considers that at all times, protection of private data should remain a priority. Data minimization should be the principle followed by purpose limitation, in full compliance with GDPR;
Amendment 138 #
2020/2216(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls to safeguards meant to ensure that we will always having human control on algorithms and ensure that proper and effective redress mechanisms are in place; To that regard, calls to ensure that algorithms are openly auditable; Calls for a ban on facial recognition algorithms for the wide damage they poseto fundamental rights of individuals;
Amendment 152 #
2020/2216(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls to avoid encouraging a business model based on restricting access to data and knowledge, which is especially harmful to SMEs; Therefore we would caution against pushing for new IPR limitations and the use of trade secrets as a barrier, while advocating for removing restrictions on databases and ensuring that public data maintains it's open character and cannot be privatised; Reminds that according to the first evaluation of Directive 96/9/EC on the legal protection of databases, the introduction of a new “sui generis right” has led to a decrease in the production of European produced databases; therefore encourages the Commission to repeal Directive 96/9/EC;
Amendment 156 #
2020/2216(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls for further support for European trade competition regulation making sure that European market will be active, highly competitive and resistant to foreign take overs;
Amendment 158 #
2020/2216(INI)
Draft opinion
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Calls for further support on screening procedures for further investment, with special scrutiny to be given to take overs of technological companies including startups;
Amendment 16 #
2020/2149(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the operational difficulties encountered by the EEAS in the financial management of the EU network of Delegations due to various crisis situations; recognises that those difficult situations can lead to significant budgetary impact, namely in the management of certain administrative expenditure and costs such as security and evacuation costs, and further logistical costs linked to the COVID 19 pandemic; asks the EEAS to swiftly inform the Parliament Committee on Budgetary Control of the budgetary impacts and expenses incurred because of the pandemic;
Amendment 20 #
2020/2149(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges that the number of budget lines used to finance the operations related to Commission staff in the delegations (34 different lines originating in various Headings of the Commission budget, plus the EDF Funds) increases the complexity of budget management; invites the EEAS to consider better structuring its budget reporting to loosen the complexity;
Amendment 22 #
2020/2149(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EEAS to better illustrateimprove the definition of its results-based management framework in the next annual activity report, based on a set of adequate key performance indicators (KPIs) for its different administrative areas, including the related number of human resources, in order to better assess the achievements of EEAS policy objectives;
Amendment 23 #
2020/2149(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that digitalisation of procurement and budget management is key; recalls that ‘Document management’ one of the weakest components identified in the previous internal control survey, deserves regular attention from all EEAS stakeholders for the benefit of institutional memory and the traceability of management operations; therefore, calls on the EEAS to improve its digital systems and document management, introducing advanced management and archiving tools, as well as paperless document management processes where possible;
Amendment 24 #
2020/2149(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes that the EEAS uses free and open-source software whenever possible; encourages the EEAS to prioritise open-source technologies in order to prevent vendor lock-in, retain control over its own technical systems, provide stronger safeguards for user’s privacy and data protection and increase security and transparency for the public;
Amendment 25 #
2020/2149(DEC)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Encourages the EEAS to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective to achieve digital sovereignty, avoid vendor lock-in and lack of control, as well as to ensure the protection of personal data;
Amendment 27 #
2020/2149(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes the rate of anomalies detected in ex ante verifications of commitments and payments (respectively, 308 errors out of 1193 and 394 out of 2119); is concerned that in both cases errors are of an administrative nature i.e. incorrect amounts for commitments or missing supporting documents for payments presented for ex-ante financial verification; calls on the EEAS to investigate and resolve cases of administrative errors and report back to the Parliament on its achievements;
Amendment 33 #
2020/2149(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Is concerned by the findings from renown researchers that the EU Disinformation Review (EU vs Disinfo), operated by the EEAS, would allegedly not respect the International Fact- Checking Network’s code of principles because its methodology is not transparent, it would violate the right to freedom of expression and of the press by labelling publishers and media outlets that report on third party opinions as “disinforming outlets”, as well as it would fail to provide objective impartiality, as it does not provide the right to be heard; asks the EEAS to provide more information to the Parliament on the compliance of its review methodology with Union law and international standards;
Amendment 35 #
2020/2149(DEC)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Notes that the EEAS makes use of the following proprietary social media channels: Facebook, Instagram and Twitter, for which the number of followers increased significantly in 2019; encourages the EEAS to establish a presence on free and open-source social media networks, such as Mastodon, to achieve further transparency and broader outreach;
Amendment 37 #
2020/2149(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the EEAS to provide further information in the EEAS annual activity report on the Inspections programme in order to get an overview of the performance and the functioning of the EU Delegations; considers also that it will be useful to better illustrate the articulation of inspections of Delegations with the EEAS assurance framework and to show how the use of the outcomes and recommendations of inspections contributed to greater coherence, homogeneity and efficiency in the Delegations’ working methods; highlights the importance of analysing the effectiveness and correctness of financial management in the respective Delegations;
Amendment 39 #
2020/2149(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the fact that the EEAS is continuously adapting its anti-fraud strategy in conjunction with all the RELEX directorates general and with a dedicated format with OLAF; believstresses that all necessary efforts have tomust be made to share and exchange information on their operational challenges to better identify risky areas in their activities and programmes;
Amendment 40 #
2020/2149(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Encourages the EEAS to urgently devote efforts to organise systematic trainings and awareness sessions in the field of proper conduct (ethics, anti-fraud, anti-corruption, anti-harassment, confidentiality levels) to its staff; believes such session should be part of compulsory on-boarding trainings for newly recruited staff;
Amendment 41 #
2020/2149(DEC)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Strongly recommends for the EEAS to join the EU Transparency Register, on the basis of a service level agreement, in order to improve transparency by disclosing all meetings with all lobby organisations that try to influence the law-making and policy implementation process of the Union institutions; does not agree with the EEAS’ opinion that an obligation to record meetings with lobbyists in third countries, would make it difficult for Heads of Union Delegations to engage with Union's economic interests in third countries; believes that citizens should be allowed to know which organisations Union Ambassadors are meeting;
Amendment 42 #
2020/2149(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines that post-public employment and ‘revolving door’ conflict of interests situations is a recurring issue in the EU institutions; calls for the EEAS for the effective and consistent application of the Staff Regulations, in particular Article 16 thereof, in order to prevent conflicts of interests, in particular – but not only – concerning senior officials; is concerned about the EEAS' seeming lack of commitment in this regard as became evident through its handling of recent revolving door cases; calls on the EEAS to systematically review potentially problematic transitions to the private sector or to third countries organisations and to continue to monitor the occupation of the former senior official until the end of the mandatory cooling-off period;
Amendment 44 #
2020/2149(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. IDeeply regrets that the EEAS has not published any of its decisions on occupational activities of former senior officials for six years, including 2019, in breach of its obligations under Article 16 of the Staff Regulation; welcomes that it has started to publish them in 2020, including the retrospective publishing of decisions from previous years; insists in this regard that the EEAS from now on publishes annually its decisions on occupational activities of former senior officials on an annual basis and that it monitors on a constant basis whether they adhere to the conditions imposed on them and, if appropriate, take decisive action to enforce compliance with these conditions;
Amendment 45 #
2020/2149(DEC)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Underlines that Article 16 enables Union institutions to turn down a former official's request to take a specific job if restrictions are not sufficient to protect the legitimate interests of the institutions; fears that it is often not possible to enforce conditions imposed upon post-public employment activities; encourages Union institutions and agencies, therefore, to consider the full range of tools made available under Article 16 of the Staff Regulation;
Amendment 46 #
2020/2149(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Encourages the EEAS to continue in this direction of pooling of means with Member States in the management of buildings and to further developing local co-operation, with specific attention to be devoted to best value for money, security issues and the Union’s image and visibility, as well as budget optimisation;
Amendment 51 #
2020/2149(DEC)
Motion for a resolution
Paragraph 49
Paragraph 49
49. RegretsIs concerned by the fact that there is an increase in cases reported to the mediation service, reaching 183 in 2019 (compared to 135 cases in 2018), including five requests for assistance for psychological harassment; asks the EEAS to review and remedy the issues that arose by transferring the cases, which require additional investigation, to OLAF without any delay;
Amendment 53 #
2020/2149(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Regrets the factIs highly concerned that there are still unpaid trainees in the EU dDelegations; encourages the EEAS to take step to assure that trainees have means to support themselvcalls on EEAS to always hire trainees on a paid contract with an allowance that covers at least the living costs; recommends to allocate more budget to pay trainees;
Amendment 54 #
2020/2149(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Notes with appreciation that in 2019 the EEAS adopted a mandate to set up an environmental management system for EEAS headquarters with the intention to extend it to the network of delegations.; urges the EEAS to take all the necessary measures to decrease the carbon footprint of the Headquarters and in the Union Delegations by implementing paperless processes and with emphasis on its energy mix, promoting and renewable sources of energy;
Amendment 9 #
2020/2148(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that the Supervisor staff consists of 19 Union nationalities and has a gender representation of 39 % male staff and 61 % female staff in 2019; notes that the most important actions supporting gender equality were the nominations at middle management level (one male and three female heads of unit); notes further the introduction of greater flexibility as concerns remote working; appreciates an equal opportunity clause, included both in the recruitment materials and vacancy notice, stating that the Supervisor is an equal opportunities employer and welcomes applications from those with disabilities; believes that such a clause shall be maintained and included by default in all future vacancy notices;
Amendment 12 #
2020/2148(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. AsksCalls on the Supervisor to envisage the preparation of a code of conduct for the EDPB Chaisenior mandagement (Chair, Vice Chairs, etc); highlights that the two revised codes of conduct (for staff and for the Supervisor) were adopted on 6 December 2019; notes that the revised code of conduct for staff has paid particular attention to whistle blower protection; welcomes the fact that all newcomers are provided with an awareness-raising session on the Supervisor’s ethical framework and the new code of conduct for staff.;
Amendment 19 #
2020/2148(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. EncouragInvites the Supervisor to explore the possibility of joining the transparency registry on the basis of a SLA; acknowledges the inter-institutional cooperation through SLA between the Supervisor and other Union institutions and bodies; is interested to see if any cost benefit analysis takes place before entering in any agreement;
Amendment 20 #
2020/2148(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Appreciates the fact that the Supervisor continued to work with its regional and international partners to mainstream data protection in international agreements and ensure consistent protection of personal data worldwide over the past five years; welcomes the fact that the Supervisor has dedicated significant time and energyffort to the development of greater data protection convergence globally, as data flows internationally, across borders, while data protection rules are still decided on a largely national, and even regional basis;
Amendment 21 #
2020/2148(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the Supervisor's efforts to improve digitalisation and cybersecurity of Union institutions through the inspection of their websites using an open source software tool, which revealed that several of the websites were not compliant with the EUDPR or with the ePrivacy Directive and did not follow the EDPS Guidelines on web services; invites the EDPS to report to the Parliament on any persisting issues regarding the non-compliance of institutions with EUDPR and the ePrivacy Directive;
Amendment 22 #
2020/2148(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes the set up an internal Task Force on COVID-19, which produced a number of orientation papers and technology primers to improve data protection compliance of contact tracing apps, provided feedback to the Commission on their interoperability solution and worked with the EDPB to fight the potential misuse of digital data in the context of the pandemic; encourages the EDPS to continue providing the institutions with detailed opinions regarding the data protection issues that may arise from digital initiatives used to counter the pandemic, including contact tracing-apps and vaccination or tests certificates;
Amendment 24 #
2020/2148(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the efforts made by the Supervisor to improve transparency and communication to the public through a dedicated transparency officer, publication on the official website, newsletter, social media campaigns, open source platforms and awareness raising events; encourages the EDPS to establish a presence on additional free and open- source social media networks, such as Mastodon, to achieve further transparency and broader outreach;
Amendment 26 #
2020/2148(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is aware that the Supervisor uses a number of key performance indicators (KPIs) to help the monitoring of its performance; welcomes the fact that the Supervisor met or surpassed - in some cases significantly - the targets set in six out of the eight KPIs, e.g. the number of cases dealt with at international level were 62 in 2019 (exceeding a target of 10), and the number of opinions/comments issued in response to consultation requests (26 consultations in 2019, exceeding a target of 10 consultations); invites the Supervisor to closely monitor and adapt where needed weaker performing objectives;
Amendment 27 #
2020/2148(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is aware that the Commission’s internal auditor (IA) is the internal auditor of the Supervisor; notes that during 2019, the IA did not perform any audit, but rather issued its annual internal audit report for 2019 with only two statements and there are no open recommendations; asks the Supervisor to facilitate closer cooperation with the IA and ensure proper annual auditing;
Amendment 33 #
2020/2148(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Appreciates that the Supervisor is closely following the EMAS initiatives and has started to convert human resources processes (selections, appraisal) and financial and administrative processes (payments, MiPS) into paperless procedures; agrees to the Supervisor’s strategy in providing more flexible ways of working for its staff (occasional and structural teleworking) which helps to reduce energy as well as to use office space in a more optimal way; invites the Supervisor to consider actions reducing further the carbon footprint, such as choosing clean and renewable sources of energy;
Amendment 34 #
2020/2148(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Agrees that data controllers and processors within the Union now benefit from one single set of rules bringing a single interlocutor through the one-stop- shop mechanism to an increasing extent; agrees that the GDPR also contributes to an increased global visibility of the Union legal framework; appreciates that the Supervisor has greatly contributed to creating a culture of data protection in the Union institutions and has elevated the status of data protection as a fundamental right under Article 8 of the EU Charter of Fundamental Rights;
Amendment 36 #
2020/2148(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Supervisor to strengthen further its efforts on ensuring that the Union institutions are able to effectively implement the data protection rules; notes that the Supervisor launched four investigations in 2019 with the objective of improving data protection practices; notwelcomes in particular the investigation into the use of Microsoft products and services by Union institutions, providing so a platform for discussion both on how to take back control over the IT services and products offered by the big IT service providers and the need to collectively create standard contracts instead of accepting the terms and conditions as they are written by these providers;
Amendment 12 #
2020/2147(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls the Ombudsman’s repeated request to enhance the Union institutions' work ethics and transparency; calls for an enhanced mutual cooperation with the future Independent Ethics Body (IEB), generating a steady information exchange within their respective mandates;
Amendment 15 #
2020/2147(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Invites the Ombudsman to tackle personnel-related issues and look into ways of improving the recruitment processes, so that the vacant posts do not remain unfilled for an excessive period of time, which has a direct negative impact on the workload distribution and could - combined with the decrease in the number of contract agents - harm the efficiency of the institution;
Amendment 19 #
2020/2147(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 20 #
2020/2147(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes that the categories of complaints that saw the biggest increase are: respect for fundamental rights, proper use of discretion(including infringement procedures), culture of service, transparency and respect for procedural rights; encourages the Ombudsman to continue reporting to the Parliament on the recommendations made to Union institutions in this regard;
Amendment 24 #
2020/2147(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the opportunity to congratulate the Ombudsman on the opening of an investigation (OI/2/2017) on the transparency of the Council’s legislative work in 2017 in order to allow citizens to more easily follow the legislative process of the Union; welcomes the recent positive echoing by the Ombudsman of the new transparency steps taken by the Council, for example by proactively publishing progress reports on negotiations on draft laws, a development which is in line with proposals made by the Ombudsman as a result of her inquiries; nevertheless, recalls the Ombudsman’s opinion that the Council should further step up its transparency efforts by, inter alia, publishing Council legislative documents including minutes of Working Group meetings, trilogue and other milestone working documents;
Amendment 26 #
2020/2147(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Appreciates the Ombudsman’s efforts to increase the transparency of Union public spending; deeply regrets that the Parliament’s leadership rejected the Ombudsman’s recommendation to grant public access to documents related to the revision of the list of expenses that may be covered by the General Expenditure Allowance granted to Members;
Amendment 27 #
2020/2147(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Welcomes that the Ombudsman automatically publishes inquiries on its website unless a complainant specifically requested confidentiality or a case contains personal data;
Amendment 30 #
2020/2147(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Welcomes that the Ombudsman uses and promotes the use of free and open-source software whenever possible for external and internal communication; appreciates that the Ombudsman recognizes the added value of open-source software to increase transparency and gives it priority when developing new IT projects;
Amendment 31 #
2020/2147(DEC)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Encourages the Ombudsman to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective to achieve digital sovereignty, avoid vendor lock-in and lack of control, as well as to ensure the protection of personal data;
Amendment 35 #
2020/2147(DEC)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Appreciates the Ombudsman’s efforts to keep developing its digital presence and online communication tools; encourages the Ombudsman to continue with its project to establish a presence on additional free and open- source social media networks, such as Mastodon, to achieve further transparency and broader outreach;
Amendment 36 #
2020/2147(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the Ombudsman’s commitment to reducing its environmental footprint via concrete actions such as the extensive use of videoconference facilities for internal and inter-institutional meetings, and which have made it possible to reduce missions; notes the teleworking policy, which is used by many members of staff (and by all staff during the COVID-19 crisis), which limits individual transportation; encourages the Ombudsman to continue undertaking actions aiming at reducing the carbon footprint as well as to pay close attention to the energy mix used by the institution, with emphasis on promoting clean and renewable sources.
Amendment 11 #
2020/2146(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. AcknowledgNotes that the situation in terms of gender balance in middle and senior management positions has remained relatively stablenot improved since 2018 with 35 % of these positions being filled by women; acknowledges that a new equal opportunity strategy containing concrete objectives to be reached by 2025 is being adopted and should enter in force in 2020; calls on the Committee to report back to the discharge authority on its implementation and first results on an annual basis;
Amendment 14 #
2020/2146(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes the attention paid to achieving a geographical balance in the Committee’s staff; notes that all Union nationalities were represented in 2019, with the exception of Luxembourg; encourages the Committee to enhance its communication efforts in the Member States that are under-represented;
Amendment 18 #
2020/2146(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Appreciates the Committee’s focus on developing and upholding high-quality health and well-being services based on prevention and early intervention through close cooperation between the HR services concerned, and awareness-raising programmes among staff and managers; welcomes the training sessions held with managers at both junior, middle and senior level on the topic of absence management and successful integration of colleagues after long-term absence; welcomes the increased flexitime and teleworking arrangements to improve the work-life balance of staff, as well as the continuation of the stress and burnout prevention programme;
Amendment 22 #
2020/2146(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that an external evaluation of the communication strategy of the Committee was carried out in accordance with the standards applied by all other Union institutions using a shared framework contract; notes that the overall quality of the Committee’s communication mostlydid not always meets audience needs andbut is overall effective as key stakeholders have a positive perception of the Committee;
Amendment 24 #
2020/2146(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Asks the Committee to continue its efforts to improve the visibility of the studies it produces; underlines that, in addition to online publication, there is a need for pro-active promotion of studies towards all stakeholders; encourages the Committee to reach out to Parliament to enhance cooperation, for instance through the organisation of joint meetings and events;
Amendment 25 #
2020/2146(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Requests the Committee to report on how it plans towill implement efficiently the recommendations of the evaluation report; notes that the biggest successes of the Committee’s communication are the citizens' dialogues with the Commission and the Committee’s own local dialogues, the flagship events ‘EuroPCom’ (European conference on public communication) and the ‘European week of the regions and cities’;
Amendment 26 #
2020/2146(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes that the Committee is using proprietary social media network, such as Instagram, Twitter and LinkedIn; encourages the Committee to establish a presence on free and open source social media networks, such as Mastodon, to achieve further transparency and broader outreach;
Amendment 27 #
2020/2146(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is awareWelcomes that the bureau of the Committee adopted a digital strategy at the beginning of 2019, on the basis of the Tallinn Declaration on e-Government with its core principle of 'Digital by default', and that the implementation started following the adoption; notes that the main deliverables of the strategy are member-centric information systems to support the political work of the Committee, information systems to support paperless administrative processes and a digital workplace programme;
Amendment 29 #
2020/2146(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Welcomes the Committee’s active policy on open-source technology; encourages the Committee to prioritise open source technology in order to prevent vendor lock-in, retain control over its own technical systems, provide stronger safeguards for the privacy and data protection of the users, as well as increase security and transparency for the public; notes that, in 2019, 39 open source software applications were included in the inventory of software packages and that there are currently active projects taking place to implement a new digital signature portal and a management console based on open source technology;
Amendment 30 #
2020/2146(DEC)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Encourages the Committee to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective of achieving digital sovereignty, avoid vendor lock-in and lack of control and ensure the protection of personal data;
Amendment 32 #
2020/2146(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the fact that a series of measures has been implemented to ensure adequate building security standards, such as the installation of new equipment for access control; notes that the related security standards have reached the same level as the standards of Parliament and the Commission and that, moreover, first steps have been taken to buy athe procurement process started for the new visitor's management system that will be implementas planned to be installed in 2020;
Amendment 36 #
2020/2146(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that a compliance and effectiveness exercise was launched in 2019 to assess to what extent the Committee complies with the 16 internal control standards; notes that the 2019 compliance exercise has shown that the overall state of implementation and effectiveness of the requirements remained satisfactory and stable as compared to 2018; notes, however, that areas for further improvement have been identified including the alignment of the Committee’s mission and organisational structure with new priorities, further digitalisation of data storage and simplification of administrative processes as well as an in-depth revamp of the existing business continuity plan arising from the experiences acquired during the current COVID-19 situation; calls on the Committee to report on the implementation of these much needed improvements in a follow-up to the 2019 discharge;
Amendment 54 #
2020/2146(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Congratulates the Committee on the ongoing efforts in the framework of the environmental management system as regards the lowering of the carbon footprint and plastic, food and paper waste; agrees that the reduction of the carbon footprint is among the most important objectives for the coming years; calls on the Committee to pay due attention to the energy mix of its sources of electricity and encourages the procurement of electricity generated by wind, solar, bio and hydroplants; encourages the Committee to participate in related projects with the other Union bodies and to elaborate a comprehensive plan for the Committee to implement the principles and recommendations presented in the European Green Deal, with the general objective of becoming climate neutral by 2030;
Amendment 58 #
2020/2146(DEC)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Asks the Committee to start the procedure to join the inter-institutional agreement on the mandatory Transparency Register, which was recently reached between the Parliament, Commission and Council; recalls the importance of a high level of transparency with respect to lobby meetings that might influence members and staff in their advisory role to the Union institutions;
Amendment 61 #
2020/2146(DEC)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Reiterates what the Court stated in its Special Report 13/2019, the ethical frameworks of the audited EU institutions: scope for improvement, namely that ethical conduct in public affairs contributes to sounder financial management and increased public trust, and that any unethical behaviour by staff and members of the Union institutions and bodies attracts high levels of public interest and reduces trust in Union institutions;
Amendment 65 #
2020/2146(DEC)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Welcomes that the President and the Secretary General of the Committee made a firm commitment to reach an amicable settlement and thus conclude the case; notes that on 4 December 2020 under the auspices of Parliament’s mediator, Ms Sophie in't Veld, and the then 2019 discharge rapporteur, Cristian Ghinea, Mr McCoy and the President and the Secretary General of the Committee concluded a joint statement on the principles governing the resolution of the case in line with Parliament's demands since 2004 and that the Committee, with Mr McCoy’s consent, have published the Joint Statement on its website.
Amendment 66 #
2020/2146(DEC)
Motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46 b. Acknowledges that in the Joint Statement, the Committee in particular accepts without reserve the OLAF report and its conclusions and acknowledges its past mistakes and shortcomings; recognises, like Parliament, that Mr McCoy was right to take his concerns directly to Parliament and that it should have done more to comply with Parliament’s 2004 demands, including that Mr McCoy must suffer no adverse consequences as a result of having reported wrongdoing; recognises Mr McCoy as a bona fide whistle-blower as conferred politically in 2004 by Parliament and is sorry that Mr McCoy was not protected despite having offered him the protection as a whistle-blower in 2003; sincerely regrets the considerable harm the Committee has caused Mr McCoy, the way in which it treated him and its insufficient duty of care; and accepts that the case should never have been allowed to remain unresolved for more than seventeen years;
Amendment 67 #
2020/2146(DEC)
Motion for a resolution
Paragraph 46 c (new)
Paragraph 46 c (new)
46 c. Notes with satisfaction that the President and the Secretary-General of the Committee has presented their formal apology to Mr McCoy on these accounts and for the Committee’s mishandling of his case, that the Committee and Mr McCoy have committed to settle the financial aspects of the settlement with support from Parliament's legal service and under the political guidance of Parliament's Committe on Budgetary Control, and that the Committee has reiterated its full commitment to the rules and principles of whistle-blower protection and, more particularly to the inalienable principles of equity and fairness, has drawn the necessary conclusions from Mr McCoy’s case and has taken all necessary steps in respect of its internal governance to ensure that such a situation cannot arise again; urges all parties to reach a financial agreement as soon as possible;
Amendment 68 #
2020/2146(DEC)
Motion for a resolution
Paragraph 46 d (new)
Paragraph 46 d (new)
46 d. Acknowledges the efforts of the negotiating teams to reconcile the two parties and commends them for brokering the potential basis for a fair, just and appropriately honourable resolution to this dispute;
Amendment 70 #
2020/2146(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Urges all parties to conclude an agreement on a fair financial settlement as a follow-up to the joint statement without further undue delay; recognises the sincere request by the Committee to Parliament’s Legal Service for its assistance in concluding such financial settlement; calls on the Committee in case Parliament’s Legal Service will not be able to assist to obtain an independent draft proposal for a settlement from an independent private legal office with the experience needed in this field;
Amendment 5 #
2020/2145(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the bureau of the Committee in 2020 adopted a decision allowing for the reimbursement of expenses for remote participation in cases where a member was prevented from travelling to Brussels as a result of COVID-19 related issues.; calls on the Committee to withdraw this decision, which is not proportionate to the real cost of participation but does represent a serious cost for the Union budget and damages the reputation of the Committee; asks the Committee to look into new remuneration practices to ensure a fair and proportionate remuneration for members, which is not based mostly on travel expenses and does not rely solely on physical presence of members in Brussels;
Amendment 9 #
2020/2145(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Welcomes that the Committee uses free and open source software whenever possible; notes that for 2019 39 open source software applications were included in the inventory of software packages, encourages the Committee to prioritise open source technologies in order to prevent vendor lock-in, retain control over its own technical systems, provide stronger safeguards for the privacy and data protection of the users as well as increase security and transparency for the public;
Amendment 10 #
2020/2145(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Encourages the Committee to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective of achieving digital sovereignty, avoid vendor lock-in and lack of control and ensure the protection of personal data;
Amendment 14 #
2020/2145(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Asks the Committee to develop a global sustainability plan; congratulates the Committee on the ongoing efforts in the framework of the environmental management system as regards the lowering of the carbon footprint and plastic, food and paper waste; agrees that the reduction of the carbon footprint is among the most important objectives for the coming years; calls on the Committee to pay due attention to the energy mix of its sources of electricity and encourages the procurement of electricity generated by wind, solar, bio and hydroplants; encourages the Committee to participate in related projects with the other Union bodies and to arrive at a comprehensive plan for the Committee to implement the principles and recommendations presented in the European Green Deal, with the general objective of becoming climate neutral by 2030;
Amendment 20 #
2020/2145(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Committee to explore the possibility of joining the tjoin the Union Transparency rRegistry on the basis of a service level agreement in order to increase transparency of lobby meetings; acknowledges the inter- institutional cooperation through service level agreements between the Committee and other Union institutions and bodies such as with the Commission to further optimise processes in HR, finance, IT and other administrative areas; is interested in being informed if cost benefit analysis takes place before entering into any agreement;
Amendment 23 #
2020/2145(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Remarks that at the end of 2019 the Committee's main Twitter account had 43.300 followers, while the main Facebook account had 32.600 followers; notes that the Committee’s fastest growing social media presence is on LinkedIn, which saw an increase during 2019 of 54 % in the number of followers to 14.500 followers at the end of 2019; notes that with this combination of channels, the Committee reaches a well-balanceencourages the Committee to establish a presence on free and open source social media networks, such as Mastodon, to achieve further transparency and gbroup of followersader outreach;
Amendment 43 #
2020/2145(DEC)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Is highly concerned that in 2019 there were 15 unpaid trainees at the Committee; calls on the Committee to always hire trainees on a paid contract with an allowance that covers at least their living costs;
Amendment 46 #
2020/2145(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Welcomes the fact that the Committee continuesstarted to promote respect in the workplace with the aim of ensuring that all staff are familiar with the current ethical framework; notes that a wide-ranging awareness-raising campaign started in 2019, called respect@work and which takes on board a number of proposals from the Report of the European Ombudsman on dignity at work in the EU institutions and agencies (SI/2/2018/AMF); welcomes the fact that the network of confidential counsellors was reinforced; notes that following a decision of the European Ombudsman the Committee adopted its guidelines on managing conflicts of interest of staff in the performance of their duties and provided relevant information to all staff; notes that the guidelines are intended to serve as a practical handbook for staff in cases where they need to perform overlapping duties, such as management duties in parallel with staff representation activities;
Amendment 54 #
2020/2145(DEC)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Recalls that several members of staff have suffered acts of psychological harassment by the then president of Group I for an long period of time; regretcondemns that the anti-harassment measures in place in the Committee failed to tackle and remedy this case sooner because of the senior position of the member concerned; regrets that the measures taken to protect the victims until the end of the investigation by OLAF seem to have been improvised and insufficient, especially in light of the judgement of the Civil Service Tribunal of 12 May 2016 in in Case F-50/157 1a, FS v European Economic and Social Committee (EESC), which should have served as a lesson for the Committee; notes with concern that shortcomings in the internal proceedings resulted in the inaction by the Committee's administration which translated into a breach of the duty of care and of the obligation to report to OLAF; regretcondemns the length of time that the Committee took to take the necessary measures to adapt the Committee's rules of procedure and code of conduct in order to avoid such situation in the future; notes that the four victims and multiple whistle- blowers were calling on the administration, especially on the Secretary General, to act immediately against Mr Krawczyk already in 2018; _________________ 71aJudgment of the Civil Service Tribunal (Third Chamber) of 12 May 2016, FS v European Economic and Social Committee (EESC), F-50/15, ECLI:EU:F:2016:119.
Amendment 56 #
2020/2145(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. welcomes the efforts made by the new leadership of the Committee to follow Parliament’s recommendations regarding the reinforcement of the ethics and integrity framework by facilitating dialogue with the staff and ensuring proper measures to penalise misconduct at all levels of seniority with the aid of the newly adopted code of conduct; recommends that the new leadership of the Committee gets full access to the OLAF conclusions regarding the case of Mr Krawczyk and that it takes a more active role in negotiations on settlement agreements with the victims of harassment and misconduct with the aim of reaching a fair and satisfactory agreement supported by all sides, as well as to avoid any conflict of interests;
Amendment 59 #
2020/2145(DEC)
Motion for a resolution
Paragraph 49
Paragraph 49
49. AcknowledgNotes that the Committee informed Parliament that it is well aware of the political impact of the refusal of the 2018 discharge and is striving to further strengthen its capacity to tackle harassment situations; condemns the internal communication that was given orally to the staff saying that the 2018 discharge refusal by Parliament was only “an orange light for warning”; notes that a detailed action plan will be endorsed at the latest by the end of 2020; agreurges that the Committee continues to raise staff and management awareness through better targeted internal communication; reminds the Committee that being refused discharge is a serious matter which requires immediate actions;
Amendment 62 #
2020/2145(DEC)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Calls on the Committee to take notice of the damages caused to the victims and whistle-blowers, both in material and moral terms, resulting from insufficient support and lack of rightful rehabilitation and compensation; is deeply concerned that the victims filed a complaint because of the inaction of the Committee’s administration in the rehabilitation procedure; calls on the Committee to swiftly reach a settlement agreement with the victims and report in detail on the protective and compensatory measures offered;
Amendment 63 #
2020/2145(DEC)
Motion for a resolution
Paragraph 49 b (new)
Paragraph 49 b (new)
49 b. Expects settlements with the victims to be based on the principles of transparency and decency and to include a public apology, fair conditions of the settlement, full rehabilitation of the victims to their working environment and guaranteed protection against further consequences from the case; emphasises that the Committee should not prevent the victims from disclosing any details of the final settlement and therefore strongly opposes any pressure applied on the victims to sign clauses of non-disclosure and preventing them from confidentially providing any information regarding the settlement to Parliament's Committee on Budgetary Control;
Amendment 70 #
2020/2145(DEC)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Notes that the mandate given by the bureau in June 2020 to draft proposals to revise the code of conduct and the provisions of the rules of procedure concerning the code of conduct was postponed by the bureau on 15 September 2020 because of Mr Krawczyk, active as president of Group 1, advised to carry over the advisory committee's decision on the rules of procedure to after October 2020; is concerned that a member who was found responsible for harassment was still active in the bureau after the OLAF recommendation and managed to delay the adoption of the new code of conduct for members;
Amendment 74 #
2020/2145(DEC)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Welcomes the new strengthened code of conduct for members adopted on 28 January 2021, based on the recommendations of the European Ombudsman and Parliament's observations in the context of the refusal to grant discharge for the 2018 budget, in order to better tackle issues related to fraud and misconduct, such as harassment; notes that in the most severe cases, it will be possible to expel a member from the Committee; is however deeply concerned that there is no clause mentioning the immediate expulsion of a member found responsible by OLAF of harassment; asks the Committee to start the necessary procedure to expel Mr Krawczyk, who has been found responsible by OLAF of harassment and misconduct relating to several staff members for a number of years and whose immunity has been lifted for prosecution by the Belgian authorities;
Amendment 75 #
2020/2145(DEC)
Motion for a resolution
Paragraph 52 b (new)
Paragraph 52 b (new)
52 b. Is concerned that despite the bureau decision of July 2020, the bureau approved on 1 December 2020 the establishment of Mr Krawczyk as representative of Group 1 for the category on transport, automatically putting Mr Krawczyk in contact with staff of Group 1, including his victims;
Amendment 76 #
2020/2145(DEC)
Motion for a resolution
Paragraph 52 c (new)
Paragraph 52 c (new)
52 c. Asks the Committee to provide its legal service with a formalised working strategy to ensure that it is officially and systematically involved in the most important matters of the Committee without leaving the decision on whether to consult it up to the different services; considers the replies to the questions in this regard insufficient and asks the Committee to report to Parliament on what has been done to include its legal service in a more systematic and independent manner;
Amendment 77 #
2020/2145(DEC)
Motion for a resolution
Paragraph 52 d (new)
Paragraph 52 d (new)
52 d. Asks the Committee to inform the Council and the Member States representatives, in due time before any re- appointment, about members who are under investigation by OLAF, have been found responsible by OLAF of breaching the code of conduct, or are subject to disciplinary sanctions by the Committee; believes that the Committee should do everything it legally can to avoid the re- appointment of a member found responsible for harassment and misconduct towards its staff;
Amendment 79 #
2020/2145(DEC)
Motion for a resolution
Paragraph 53
Paragraph 53
53. ValuNotes the Committee’s commitment to tacklinge harassment in the working environment and to fostering a culture of zero tolerance with regard to harassment by working on the revision of the ethics and integrity framework and the revision of the Committee’s decisions on harassment, whistleblowing and administrative enquiries; welcomes that a related, detailed action plan is supposed to be endorsed by the end of 2020 and covers a number of measures such as the revision of the code of conduct for members, the possible creation of an independent internal ombudsman function, a brochure focusing on respect and dignity at work, the establishment of a dedicated compulsory learning path before entrusting staff management responsibilities, whether on Committee’s managers or on members, and regular awareness-raising activities,; appreciates that an internal audit on ethics and integrity will take the form of a mapping exercise followed by an analysis aimed at establishing a comprehensive overview of rules, standards and measures in relation to ethics and integrity; notes that the audit will also tackle issues such as gifts and entertainment, outside activities and assignments, conflicts of interest and post-Union employment;
Amendment 83 #
2020/2145(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Emphasises in relation to the OLAF findings of harassment against Mr Krawczyk, a member of the Committee, and pursuant to the decision of 9 June 2020 of the Committee’s bureau that the member in question is fully discharged from all tasks related to the management and administration of the Group I secretariat's staff; notes that as of 7 September 2020, the member is no longer a candidate for the Committee’s presidency; is, however, strongly concerned that he has been appointed as member for a new mandate and that victims and whistle- blowers risk facing retaliation by him or by people supporting him in the Committee;
Amendment 87 #
2020/2145(DEC)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Notes that the plenary session of the Committee on 15 and 16 July 2020 confirmed the decision of 9 June 2020 of the bureau as regards joining as a civil party in the procedure that will be opened by the Brussels Labour Auditor before the Brussels Criminal Court; notes that the Brussels Labour Auditor has been informed of the waiving of the memberMr Krawczyk 's immunity, but no further information about the proceedings have been received to date.
Amendment 2 #
2020/2144(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Appreciates the fact that the Court willis looking into the suggestion of the 2018 discharge resolution that an independent annual report on the Union institutions should be presented as part of the reflections on the Court’s strategy for the 2021-2025 period, which should be adopted by the end of 2020;
Amendment 4 #
2020/2144(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the Court’s dedication to prepare the first report on the performance under the Union budget, following the request of the Parliament, aimed at assessing the results achieved from spending under the Union budget and, in particular, by providing an assessment of the performance under each Union policy; believes that performance audit is essential to evaluate the real impact of Union investments; is deeply concerned that Member States are providing the Union institutions with unreliable data, providing an over- optimistic view of the value for money of the funds spent; requests that the Court relies less on audits conducted by Member States but rather conducts more audits itself;
Amendment 8 #
2020/2144(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Appreciates that the Court, in accordance with its 2018-2020 strategy, has extended its contacts with researchers, academia and think-tanks and that the Court has as of 1 June 2020 seconded 15 staff members to other international institutions; notes that the Court regularly hosts staff seconded from other international bodies and that the Court also provided 55 internships (compared to 60 in 2018) for university graduates for periods of three to five months; notes that, in 2019, six internships were unpaid; asks the Court to offer an allowance to interns that covers at least their living costs, even in the case of short-term internships; welcomes the fact that the Court entered into several partnerships with universities and professional organisations with a view to future cooperation;
Amendment 10 #
2020/2144(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Appreciates the fact that the Court’s activities related to staff well-being such as the Court’s network of confidential contact persons across the organisation to provide professional, and, if requested, anonymous support to members of staff; notes that the Court also provides free access to psychologists;
Amendment 19 #
2020/2144(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes the setup of the Digital Steering Committee with the aim to move forward with the digital transformation of the audit under an initiative called “ECA audit goes digital”; notes that in 2019, the ECA Lab supported ten audit tasks, including a pilot on using big data for performance audit; asks the Court to report to the Parliament on any obstacles encountered while requesting data in a machine readable format from Union institutions;
Amendment 20 #
2020/2144(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the fact that the Court's Decision No 6-2019 on the open data policy and the reuse of documents was published in April 2019 and that the Court’s IT systems are based on solid architectural principles that take into account a cost/benefit approach in relation to mainstream technologies procured inter- institutionally; notwelcomes that open source technologies are used at the Court in accordance with those principles; encourages the Court to prioritise open source technologies in order to prevent vendor lock-in, retain control over its own technical systems, provide stronger safeguards for the privacy and data protection of users and increase security and transparency for the public;
Amendment 22 #
2020/2144(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Encourages the Court to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective of achieving digital sovereignty, avoid vendor lock-in and lack of control, and ensure the protection of personal data;
Amendment 23 #
2020/2144(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Court to explore the possibility ofStrongly recommends the Court to joining the transparency registry on the basis of a service level agreement; acknowledges the inter- institutional cooperation through service level agreements between the Court and other Union institutions and bodies; is interested to know if any cost benefit analysis takes place before entering into any agreement;
Amendment 26 #
2020/2144(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the administrative arrangement signed in 2019 between the European Anti-Fraud Office (OLAF) and the Court in order to provide a structured framework for co-operation between OLAF and the Court, and to facilitate their timely exchange of information under Regulation (EU, Euratom) No 883/201361a and the Court’s decisions related to internal investigations; notes that this arrangement also contains provisions on non-operational issues such as the organisation of training sessions, workshops and exchange of staff; notes that in 2019, the Court reported ten cases of suspected fraud compared to nine cases in 2018 (eight identified in the course of audit work and two denunciations made by third parties); asks the Court to report back to Parliament's Committee on Budgetary Control on how these suspected fraud cases were handled and resolved by the respective authorities in charge; _________________ 61a Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (EUT L 248 af 18.9.2013, s. 1).
Amendment 28 #
2020/2144(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Notes that the Court makes use of the following proprietary social media channels: LinkedIn, Facebook, Instagram and Twitter, and that social media posts about the Court’s publications were displayed nearly 24 million times, more than four times higher than in 2018; notes that the number of followers increased by 31 %; encourages the Court to establish a presence on free and open- source social media networks, such as Mastodon, to achieve further transparency and broader outreach;
Amendment 31 #
2020/2144(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recognises that the Court applies a set of key performance indicators to monitor progress made, such as for example measuring the implementation rate of the Court’s recommendations; notes that the Court’s analysis showed that 96 % of the recommendations made in the 2015 annual report and 94 % of the recommendations made in the 2015 special reports have been implemented in full, mostly or in some respects; notes that the Court issued six annual reports, three opinions, 18 audit previews and four other publications, being part of the altogether 67 publications it issued in 2019; invites the Court to consider reviewing its key performance indicators to improve its reporting with the aid of better defined targets;
Amendment 35 #
2020/2144(DEC)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Notes that the Court of Justice found that Mr Pinxten breached the Court’s Code of Conduct for the Members of the Court by abusing of the rights and privileges attached to his position in the context of activities unrelated to his duties, by leaving for unjustified absences and failing to declared external activities, transmitting confidential information in an unauthorised fashion, as well as being in a conflict of interest; welcomes the fact that the Court asked OLAF to conduct an investigation, brought the case before the Court of Justice and is committed to comply with the recommended sanctions to recover all losses to the Union budget;
Amendment 40 #
2020/2144(DEC)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Is deeply concerned that Mr Opioła was nominated by the Polish government and then appointed to the Court by the Council despite a very large majority of the Parliament (536 to 156 votes) being against his candidacy based on his involvement in national politics, his clear lack of experience with respect to budgetary control and his previous misuse of state property for political campaign purposes;
Amendment 44 #
2020/2144(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes that members are authorised to use official vehicles in the performance of official duties; notes that the use of official cars for other journeys is additional to the performance of such duties and that since 1 January 2017, the costs and kilometres related to the use of official cars have decreased significantly; notes that new rules entered into force on 1 January 2020 and introduced a monthly EUR 100 contribution for the non-official use of the vehicles as well as a liability on the part of the members and the secretary-general for certain costs and charges; is of the opinion that the Court vehicles should only be used for official use; asks the Court to reconsider the new rules on the use of vehicles, as the monthly fee is not proportionate to the real costs to the Union budget;
Amendment 48 #
2020/2144(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Highlights the fact that the supreme audit institutions of Poland and Croatia carried out a significant peer review of the Court’s ethical framework; notes that in the opinions of the peers the Court’s ethics control system should be further improved by a more comprehensive assessment of ethics risks, greater consistency and clarity in its rules on ethics, and improved information and communication activities; calls for enhanced mutual cooperation with the future Independent Ethics Body (IEB), generating a steady information exchange within the respective mandates of the Court and the IEB;
Amendment 51 #
2020/2144(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Court to provide information on any decisions taken related to the process of reviewing and amending the code of conduct for its members; supports the conclusions of the peer review with respect to the need to introduce regular updates of declarations of interest, which would increase their reliability; is in agreement that the ethics committee plays a crucial role to the extent that the president and the members may seek its advice on any question pertaining to ethics and on the interpretation of the code of conduct; notes, moreover, that the committee is entrusted with approving any external activity undertaken by the members, including former members who intend to carry out an activity in the year after they leave the Court, which is an efficient tool in ensuring the absence of conflicts of interest.
Amendment 7 #
2020/2143(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. HighlightStresses the importance of addressing the lack of gender balance within the college of judges; welcomes, however, the fact that efforts in the field of equal opportunities are becoming increasingly visible at the administrative level with a share of women in middle management amounting to 41 % and in senior management amounting to 40 %; notes that the staff in general has a distribution of 39 % men and 61 % women and for AD staff a distribution of46 % men and 54 % women;
Amendment 11 #
2020/2143(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern the high number of cases of burn out reported in recent years within the CJEU; welcomes the fact that in 2019 the CJEU undertook several actions to prevent and address burnout cases such as the hiring of a psychologist, training for staff and an obligatory training programme for managers including a significant wellbeing component; considers that any decisions regarding budgetary cuts and staff reduction measures should be consistent with the principle of maintaining high quality deliverables and take into consideration the constantly increasing workload of the CJEU over the past number of years; urges the CJEU to closely monitor the effectiveness of the newly introduced actions against the increasing workload and deploy more substantial efforts to prevent burnouts where needed;
Amendment 14 #
2020/2143(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that only 46 % of traineeships at the CJEU were paid in 2019; notes, however, that this share rose from 24,1 % in 2018; recognises that 2019 was a transition year towards the gradual introduction of the new regime (CJEU’s decision of 3 December 2018, providing for the possibility of taking on trainees paid by the institutions); notes the estimation that for 2020 the CJEU will remunerate 75 % of its trainees; notes that all traineeships cancelled in the context of the COVID-19- crisis were unpaid traineeships; welcomes the fact that the CJEU foresees the possibility of increasing further the number of paid traineeships, highlights the fact that the possibility of hosting unpaid trainees should only be maintained in theurgently calls on the CJEU to hire its trainees on paid contracts providing allowances covering at least living expenses, with the exception of cases where such trainees receive payments from other sources, based on inter-institutional agreements signed by the CJEU;
Amendment 22 #
2020/2143(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes the rules in place governing post-office employment of the members of the CJEU; notes that the code of conduct sets out different kinds of restrictions such as a three-year waiting period during which former members must not represent parties in cases before the CJEU, notes further that former members must not be involved, in any manner whatsoever, in cases which were pending before the court of which they were a member or in cases connected with other cases, whether pending or concluded, which they had dealt with as a member of the court; urges the CJEU to fully implement existing provisions of the code of conduct to regulate cases concerning ‘revolving doors'; asks the CJEU to report back to Parliament on all the actions it undertook over the past four years (since revised code of conduct entered into force on 1 January 2017) to prevent conflicts of interests by regulating cases concerning ‘revolving doors’ after a member leaves the CJEU, including the number of cases it scrutinised, the number of cases for which it issued specific instructions and how the CJEU made sure these instructions were followed;
Amendment 24 #
2020/2143(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned that the declarations of financial interests continue to be of a self- declaratory nature; calls on the CJEU to accelerate the process of examining whether this mechanism could be improved in regard to the principle of judicial independenceundertake actions aiming at independently verifying the information provided and report back to Parliament’s Committee on Budgetary Control; notes that each member submits a declaration of financial interests upon taking office and updates it when necessary; notes that the president of each court examines the declarations with a view to avoiding conflicts of interest when assigning cases to the different judge rapporteurs; reiterates, however, that it should be for a third independent party to review declarations of financial interests and to assess the existence of conflicts of interest;
Amendment 27 #
2020/2143(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Appreciates that the CJEU is continuously improving its environmental performance by applying Regulation (EC) No 1221/20096 (EMAS III)which requires monitoring of the different environmental aspects based on indicators; welcomes the fact that most of the 28 indicators, in the form of a ratio per FTE (Full-Time Equivalent), showed a favourable trend in 2019 compared to 2015, the base year of the CJEU’s EMAS system; encourages the CJEU to continue reducing its environmental footprint by implementing carbon-neutral work solutions and clean sources of energy; _________________ 6Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (EUT L 342 af 22.12.2009, s. 1).
Amendment 29 #
2020/2143(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes with interest that one of the main points of the CJEU’s communication activities in 2019 was an increased use of proprietary social media in order to ensure a greater dissemination of its information; notes that in November 2019, the CJEU started to actively use LinkedIn to further inform interested parties of its work; encourages the CJEU to establish a presence on free and open-source social media networks, such as Mastodon, to achieve further transparency and broader outreach; welcomes the fact that in 2019, the CJEU’s website received a total of 8 150 232 visits (compared to 8 270 495 in 2018) and 36 065 064 page-views (compared to 32 808 573 in 2018); notes that in both 2018 and 2019 a total of EUR 60 000 was budgeted for the outsourcing of some media- monitoring work, which could no longer be carried out in-house, due to the need to redeploy certain human resources to other tasks;
Amendment 30 #
2020/2143(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the CJEU to enhance transparency and welcomes the CJEU’s decision to livestream the delivery of the judgments of its grand chamber through Europe by Satellite (EbS), the Union's TV information service; takes note that the livestreaming of hearings themselves would be an extremely complex and costly matter since it operates in 24 languages and without access to simultaneous interpretation it would be meaningless for the vast majority of Union citizens; welcomes also the fact that as of November 2019 the CJEU publishes requests for preliminary ruling from national courts, internal research notes and national judicial decisions on the website of the Judicial Network of the European Union;
Amendment 32 #
2020/2143(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Acknowledges that the CJEU continued to ensure the security of its IT operations in close collaboration with the Computer Emergency Response Team for the EU institutions, bodies and agencies; notes that during 2019 the CJEU was able to handle all cyber-attacks with which it was faced and to ensure the protection of the entire IT landscape without major incident; welcomes the fact that the protection of highly sensitive information was improved by implementing new security measures, including the use of a high-level encryption software; stresses that any encryption software should be open source to avoid security breach through possible backdoors; notes that equipment has been purchased to limit the risk of a breach of sensitive information during the judges’ deliberations; welcomes the fact that, besides the technical and operational measures taken to ensure cyber protection, the CJEU in 2019 launched major awareness raising initiatives;
Amendment 33 #
2020/2143(DEC)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Notes that the CJEU established an innovation lab in order to explore the use of artificial intelligence (AI) for judiciary systems; is concerned about the human rights impact of using AI in judiciary systems; asks the CJEU to provide more information about the activities of the innovation lab to Parliament;
Amendment 34 #
2020/2143(DEC)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Welcomes the fact that the CJEU reinforced its internal legal framework in the field of data protection in order to establish independent supervision authorities responsible for monitoring the processing of personal data by the Court of Justice and the General Court when acting in their judicial capacity;
Amendment 35 #
2020/2143(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Underlines that the CJEU was the subject of two investigations by the European Data Protection Supervisor (EDPS) in 2019; highlights that the first investigation, launched in 2018, concerned the use of web services on the CJEU’s website, welcomes the fact that following the EDPS’ recommendations and in the light of a judgment of the Court of Justice71a the website has been adapted; notes that a second investigation into the CJEU’s use of Microsoft products is ongoing; notes that the CJEU’s policy is that of having a flexible approach, by considering both open-source technologies and commercial off-the-shelf software and hardware, depending on its needs; encourages the CJEU to prioritise open source technologies in order to prevent vendor lock-in, retain control over its own technical systems, provide stronger safeguards for the privacy and data protection of users and increase security and transparency for the public; _________________ 7 1aJudgment of the Court of Justice of 1 October 2019, Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH, C-673/17, ECLI:EU:C:2019:801.
Amendment 36 #
2020/2143(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Encourages the CJEU to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective of achieving digital sovereignty, avoid vendor lock-in and lack of control, as well as ensuring the protection of personal data;
Amendment 38 #
2020/2143(DEC)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Welcomes the reduction of the average length of proceedings before the Court of Justice and the General Court, while 2019 saw a very significant increase in the number of new cases brought before the Court of Justice (an increase of 14 % as compared to 2018), to a great extent attributable to the considerable rise in the number of appeals;
Amendment 2 #
2020/2142(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2019 / Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2019;
Amendment 8 #
2020/2142(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the Council’s budget is mostly administrative with a large amounpart of it being used for expenditure concerning persons, buildings, furniture, equipment and miscellaneous running costs; calls on the Council, as it has repeatedly done in previous discharge resolutions, to separate the budget of the European Council and the Council into one budget for each institution for reasons of transparency and to improve accountability and expenditure efficiency for both institutions;
Amendment 11 #
2020/2142(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Congratulates the Council on the successful commitment and payment rate of 100 % for the budget line ‘Delegations’ travel expenses’; notes also the 100 % commitment rate for ‘Computer systems’ and ‘Information’; notepoints, however thato these have abudget lines' carry-over rate to 2020 of 35,4 % and 32,9 %, respectively;
Amendment 13 #
2020/2142(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. NotWelcomes in the context of modernisation the creation of a flatter management structure, by removing layers of hierarchy, with the aim of improving communication, making decision-making easier and empowering staff by allowing greater ownership of files; notes the introduction of a well-tested HR IT tool (SYSPER) and other IT tools used for managing the mission lifecycle;
Amendment 15 #
2020/2142(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges that an internal control framework is in place to provide reasonable assurance of achievement of the objectives; noteswelcomes the fact that in relation to the year 2019 no mention of misuse of funds nor irregularities has been made in the control by the internal auditor, the Court of Auditors or in the opinions of the audit committee; notes also that all departments applied risk management by keeping risk registers with identified risks, assessment thereof and selected risk treatment; notes that no critical risk levels were reported in 2019 and that no significant risks materialised; welcomes that 93 % of the issued recommendations during the years 2016 - 2018 have been or are in the process of being implemented;
Amendment 21 #
2020/2142(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets not having achiereceived more information about any improvements to the Council’s ethical culture and standards such as a dedicated website link presenting specific training on public ethics, a code of conduct that is applicable to all staff setting out the expectations regarding integrity and ethical values, internal guidance on frequently-asked questions on ethical matters or procedures on whistleblowing that will ensure that information flows when normal channels are ineffers’ protectiveon;
Amendment 24 #
2020/2142(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Shares the Court's concern about the absence of a common Union ethical framework governing the work of Member States’ representatives in the Council; emphasises the importance for the Council, including the Member States’ representatives working in the Council, to join a future interinstitutional agreement setting up the Independent Ethics Body (IEB) in view of the Court's and the European Ombudsman’s repeated requests to enhance the ethics and transparency of the Council; recalls the Council’s obligation to deal with high- level conflicts of interest, revolving doors and lobbying transparency rules;
Amendment 25 #
2020/2142(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls againStrongly reiterates its call on the Council to bring the code of conduct for the President of the European Council in line with those of Parliament and the Commission in order to have rules in place to approve activities related to Union legislation after the President of the European Council leaves the Council;
Amendment 26 #
2020/2142(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Reiterates its deep concern over the conflict of interests of a number of Member State representatives involved in policy and budget decision-making processes; repeats Parliament’s strong call on the Council to ensure that Member State representatives who are subject to benefit directly from Union subsidies through the businesses they own do not participate in the related policy or budgetary discussions and votes; requests the Council to provide Parliament with information on the necessary measures put in place to avoid any conflict of interests;
Amendment 28 #
2020/2142(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Welcomes the efforts done by the Council to reduce its environmental footprint across its buildings, which are registered under the European eco- management and audit scheme (EMAS) since 2016; welcomes the publishing of a detailed environmental statement in October 2020 based on 2019 data;
Amendment 29 #
2020/2142(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Encourages the Council to use open-source technology in order to prevent vendor lock-in, retain control over its own technical systems, provide stronger safeguards for the privacy and data protection of the users, as well as increase security and transparency for the public;
Amendment 30 #
2020/2142(DEC)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Encourages the Council to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the EU institutions and Microsoft in 2018, with the objective of achieving digital sovereignty, avoiding vendor lock-in and lack of control and ensuring the protection of personal data;
Amendment 31 #
2020/2142(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. WelcomNotes the fact that the draft guidance for best practise for the presidency on the issue of sponsorship were sent on 29 June 2020 by the General Secretariat of the Council to the delegations, following to the Council’s approval of the recommendation of the European Ombudsman (the Ombudsman) on guidance for Member States related to sponsorship and the regular reminders of the Parliament’s Committee on Budgetary Control; reiterates that any actual or perceived conflict of interests jeopardises the reputation of the Council and the Union as a whole;
Amendment 33 #
2020/2142(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Encourages the Council to advise the presidencies properly in establishing clear and transparent rules on sponsorship; urges the Council to make progress with respect to the guidelines without delay and reflect on the currently non-binding character of the guidance, paying strong attention to the possible conflict of interests in cases when corporate sector has explicit interests in the decisions passed by the Council; urges the Council to make progress with respect to the guidelines without delay and reflect on the currently non-binding character of the guidance; reiterates again its deep concerns about the corporate sponsorship of Member States hosting the Union presidency; is highly concerned by the possible reputational damage and the risk of loss of that this practice might cause the Union, its institutions and especially the Council in the eyes of the Union citizens;
Amendment 34 #
2020/2142(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls that Parliament in its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU overwhelmingly supported the Ombudsman’s proposals on legislative transparency and encouragesdemands that the Council to continue its efforts tofurther improves legislative transparency, particularly by recording and publishing member state positions and making available more trilogue documents; urges the Council to step up its transparency efforts by, inter alia, publishing Council working documents in a machine-readable format;
Amendment 36 #
2020/2142(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Draws attention to a complaint- based inquiry in which the Ombudsman asked the General Secretariat of the Council to keep a full record of any meetings held between lobbyists and the President of the European Council or members of his cabinet; echoestrongly supports the Ombudsman’s statement that members of the President’s cabinet should only meet with, or attend events organised by, interest representatives that are registered in the transparency register;
Amendment 38 #
2020/2142(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is pleased that the three institutions (Parliament, Council and Commission) reiterated their common ambition to reach an agreement on a tri-institutional transparency register to boost the transparency of interactions with interest representatives; congratulates the Council on the positive steps and further achievements under the German Presidency, expressed in the fifth inter- institutional negotiation meeting of 6 October 2020, and encourages all actors involved to agree on the reforms, so that the registry will become mandatory by including the Council; urges the Council to expand the scope of the agreement in making it mandatory for lobbyists to register in order to meet with the ambassador of the current or forthcoming presidency as well as their deputies in the Committee of the Permanent Representatives (Coreper), the Council’s secretary-general and directors-general;
Amendment 39 #
2020/2142(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes however that seven complaints were lodged with the Ombudsman and that one strategic inquiry took place, all concerning transparency; observnotes that out of the seven complaints, the Ombudsman considered in two cases that there was no maladministration and in two further complaintsconsidered that there had been cases of maladministration; notes that one case was closed, two were considered not to entail maladministration while the remaining two complaints are still pending; notes that in the inquiry, which concerned the transparency of the bodies involved in preparing Eurogroup meetings, the Ombudsman found that the Council had taken steps to further improve its transparency policy and decided to close this strategic inquiry;
Amendment 41 #
2020/2142(DEC)
34 a. Notes that the Council makes use of the following proprietary social media channels: LinkedIn, Facebook, Instagram and Twitter; encourages the Council to establish a presence on free and open- source social media networks, such as Mastodon, to achieve further transparency and broader outreach;
Amendment 51 #
2020/2142(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that the current situation, where Parliament can only check the reports of the Court and of the European Ombudsman as well as the information on the Council’s web page but does not receive written or oral answers from the Council during the annual discharge procedure, makes it impossible for Parliament to take an informed decision on granting discharge, which has a lasting negative effect for both institutions and discredits the procedure for political scrutiny of budget management;
Amendment 52 #
2020/2142(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Underlines the need to re-start negotiations with the Council with a view to reach a mutually satisfactory agreement to overcome finally this situation of deadlock;
Amendment 56 #
2020/2142(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. AdvRecognises that the positive trend of this process has been interrupted by the COVID-19-epidemic; recalls, however, that in autumn 2020 all attempts from Parliament’s side to meet for a first preliminary exchange with the Council failed;
Amendment 78 #
2020/2141(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Underlines its obligation to manage directly or at least have direct control over the management of its critical infrastructures and sensitive, confidential data; instructs its administration to implement that obligation;
Amendment 81 #
2020/2141(DEC)
Motion for a resolution
Paragraph 65 d (new)
Paragraph 65 d (new)
65 d. Recognises the inherent risks to information security and privacy when Members and staff use third-party- dependent solutions for sharing sensitive data without Parliament being able to control how the data is handled; in compliance with the cybersecurity strategic orientations approved by the Bureau and in order to remedy that situation, requests to host in its servers its own, open source-based and secure solutions for virtual meetings and instant messaging, as it is now the case in core institutions among Member States such as the French central administration and the German Bundeswehr;
Amendment 83 #
2020/2141(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Requests that it be ensured that appropriate security measures are taken regarding the implementation of cloud solutions for Parliament to allow workloads to move between onsite and cloud-based computincluding those enabling its institutional sovereignty; insists that the latter should be obtained by ensuring data ownership, data localisation on Union territory, no vendor lock-in effects and a multi-vendor approach allowing workloads and data to be migrated seamlessly between the different layers of the hybrid cloud (on premises, private and public cloud) as well as between cloud service providers as needs change and to provide therefore greater agility and more data deployment options via a hybrid cloud strategynot only during the cloud services exit phase, in order to achieve greater agility and more data deployment options, as agreed by the ICT Innovation Strategy Working Group and confirmed at the Bureau last year;
Amendment 47 #
2020/0365(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that all relevant entities are subject to those requirements and to reduce divergences in this respect, it is important to lay down harmonised rules allowing for a consistent identification of critical entities across the Union, while also allowing Member States to reflect national specificities. This Directive addresses the need to ensure continuity of the services essential for the maintenance of vital societal functions or economic activities, without prejudice to national competence in organising and delivering public services. Therefore, criteria to identify critical entities should be laid down. In the interest of effectiveness, efficiency, consistency and legal certainty, appropriate rules should also be set on notification and cooperation relating to, as well as the legal consequences of, such identification. In order to enable the Commission to assess the correct application of this Directive, Member States should submit to the Commission, in a manner that is as detailed and specific as possible, relevant information and, in any event, the list of essential services, the number of critical entities identified for each sector and subsector referred to in the Annex and the essential service or services that each entity provides and any thresholds applied.
Amendment 50 #
2020/0365(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Given that under the NIS 2 Directive entities identified as critical entities, as well as identified entities in the digital infrastructure sector that are to be treated as equivalent under the present Directive are subject to the cybersecurity requirements of the NIS 2 Directive, the competent authorities designated under the two Directives should cooperate, particularly in relation to cybersecurity risks and incidents affecting those entities. In particular Member States, in the transposition acts for NIS 2 Directive and this Directive, should provide measures to avoid double reporting and control, to ensure strategies and requirements are complementary and that entities can benefit from simplified enforcement and reporting conditions.
Amendment 51 #
2020/0365(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should support critical entities in strengthening their resilience, in compliance with their obligations under this Directive, without prejudice to the entities’ own legal responsibility to ensure such compliance. Member States cshould in particular develop guidance materials and methodologies, support the organisation of exercises to test their resilience and provide training to personnel of critical entities. Moreover, given the interdependencies between entities and sectors, Member States should establish information sharing tools to support voluntary information sharing between critical entities, without prejudice to the application of competition rules laid down in the Treaty on the Functioning of the European Union.
Amendment 57 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down obligations for Member States to take certain measures aimed at ensuring the continuous provision in the internal market of services essential for the maintenance of vital societal functions or economic activities, in particular to identify critical entities and entities to be treated as equivalent in certain respects, and to enable them to meet their obligations;
Amendment 59 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not apply to matters covered by Directive (EU) XX/YY [proposed Directive on measures for a high common level of cybersecurity across the Union; (‘NIS 2 Directive’)], without prejudice to Article 7and Regulation [XX/YY] on digital operational resilience for the financial sector, without prejudice to Article 7. Entities covered by the NIS 2 Directive that are subject to obligations under this Directive, shall benefit from a single point of contact and common set of rules provided that all the other conditions are met.
Amendment 73 #
2020/0365(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience. That support mayshall include, among others, developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 82 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 2 – point -a (new)
Article 13 – paragraph 2 – point -a (new)
(-a) the impact on human life and the environmental consequences;
Amendment 83 #
2020/0365(COD)
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
Amendment 85 #
2020/0365(COD)
Proposal for a directive
Article 16 – paragraph 7 a (new)
Article 16 – paragraph 7 a (new)
Amendment 86 #
2020/0365(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In order to receive and properly use the information received in accordance with Article 13(4a) the Commission shall keep a European registry of incidents and develop a common European reporting centre, with the aim of developing and sharing best practices and methodologies.
Amendment 74 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the right to privacy and the right to protection of personal data, the freedom of expression and information and the freedom to conduct a business, and the right to non-discrimination.
Amendment 77 #
2020/0361(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activitieresponsibility to uphold fundamental rights. _________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 82 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and alsto covers information relating to illegal content, products, services and activities following the Member State of origin principle. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 91 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to meanAccordingly, where access to information requires registration or admittance to a group of users, that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined personshould be considered to be disseminated to the public only where users seeking to access the information are automatically registered or admitted without a human decision or selection of whom to grant access. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation, as they are not considered to be disseminated to the public. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. _________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 92 #
2020/0361(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The general collection of personal data concerning every use of a digital service interferes disproportionately with the right to privacy in the digital age. In line with the principle of data minimisation and in order to prevent unauthorised disclosure, identity theft and other forms of abuse of personal data, recipients should have the possibility to access information society services and pay for information society services anonymously wherever technically possible. Similarly users have a right not to be subject to tracking when using information society services. To this end, the processing of personal data concerning the use of services should be limited to the extent strictly necessary to provide the service and to bill the users.
Amendment 93 #
2020/0361(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) Applying effective end-to-end encryption to data is essential for trust in and security on the Internet, as it effectively prevents unauthorised third party access and helps to ensure confidentiality of communications.
Amendment 96 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give itthe provider of intermediary services has actual knowledge of, or meaningful control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 102 #
2020/0361(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved within the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted.
Amendment 106 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 108 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 110 #
2020/0361(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The exemptions from liability established in this Regulation should not affect the possibility of injunctions of different kinds against providers of intermediary services, even where they meet the conditions set out as part of those exemptions. Such injunctions could, in particular, consist of orders by courts or administrative authorities requiring the termination or prevention of any infringement, including the removal of illegal content specified in such orders, issued in compliance with Union law, or the disabling of access to it.
Amendment 111 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 117 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, cloud infrastructure services or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 119 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature nor should they use automated tools for content moderation. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
Amendment 138 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 152 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimesUnder certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be openreadily available to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 165 #
2020/0361(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
Amendment 166 #
2020/0361(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In view of the particular responsibilities and obligations of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this Regulation. For the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this Regulation, the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipients of the service in the Union, in standardised formats and through standardised Application Programming Interfaces.
Amendment 167 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. The surveillance-led advertising model has generated deep changes in the way information is presented and has created new data collection patterns and business models that might negatively affect privacy, personal autonomy, democracy, quality news reporting and facilitates manipulation and discrimination. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure data collection is kept to a minimum, the maximisation of revenue from advertising does not limit the quality of the service and that the recipients of the service have certainextensive individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 174 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concernchallenges to fundamental rights, there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 178 #
2020/0361(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Very large online platforms are used in a way that strongly influences safety online, the shaping of public opinion and discourse, as well as on online trade. The way they design their services is generally optimised to benefit their often advertising-driven business models and can cause societal concerns. In the absence of effective regulation and enforcement, they canwere able to set the rules of the game, without effectively identifying and mitigating the risks and the societal and economic harm they can cause. Under this Regulation, very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service, as well as by potential misuses by the recipients of the service, and take appropriate mitigating measures.
Amendment 182 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 184 #
2020/0361(COD)
(60) Given the need to ensure verification by independent experts, very large online platforms should be accountable, through independent external auditing, for their compliance with the obligations laid down by this Regulation and, where relevant, any complementary commitments undertaking pursuant to codes of conduct and crises protocols. They should give the auditor access to all relevant data necessary to perform the audit properly. Auditors should also be able to make use of other sources of objective information, including studies by vetted researchers. Auditors should guarantee the confidentiality, security and integrity of the information, such as trade secrets, that they obtain when performing their tasks and have the necessary expertise in the area of risk management and technical competence to audit algorithms. Auditors should be independent, so as to be able to perform their tasks in an adequate and trustworthy manner. If their independence is not beyond doubt, they should resign or abstain from the audit engagement.
Amendment 187 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the on the use of recommender systems, and that recipients can easily control the way information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. TheyVery large online platforms should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
Amendment 190 #
2020/0361(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
Amendment 191 #
2020/0361(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65 a) Interoperability requirements for very large online platforms are desirable as they can create new opportunities for the development of innovative services, overcome the lock-in effect of closed platforms and ensure competition and user choice. These requirements should allow recipients to benefit from cross- platform interaction. Very large online platforms should provide an application programming interface through which third-party platforms and their recipients can interoperate with the main functionalities and recipients of the core services offered by the platform. Among the main functionalities can be the ability to receive information from certain accounts, to share provided content and react to it. The interoperability requirements do not prevent platforms from offering non-core additional features to their recipients.
Amendment 193 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanationsobjective reasons, such as technological incompatibility, by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 194 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
Amendment 206 #
2020/0361(COD)
Proposal for a regulation
Recital 95
Recital 95
(95) In order to address those public policy concerns it is therefore necessary to provide for a common system of enhanced supervision and enforcement at Union level. Once an infringement of one of the provisions that solely apply to very large online platforms has been identified, for instance pursuant to individual or joint investigations, auditing or complaints, the Digital Services Coordinator of establishment, upon its own initiative or upon the Board’s advice, should monitor any subsequent measure taken by the very large online platform concerned as set out in its action plan. That Digital Services Coordinator should be able to ask, where appropriate, for an additional, specific audit to be carried out, on a voluntary basis, to establish whether those measures are sufficient to address the infringement. At the end of that procedure, it should inform the Board, the Commission and the platform concerned of its views on whether or not that platform addressed the infringement, specifying in particular the relevant conduct and its assessment of any measures taken. The Digital Services Coordinator should perform its role under this common system in a timely manner and taking utmost account of any opinions and other advice of the Board.
Amendment 207 #
2020/0361(COD)
Proposal for a regulation
Recital 97
Recital 97
(97) The Commission should remain free to decide whether or not it wishes to intervene in any of the situations where it is empowered to do so under this Regulation. However, it should justify any inaction. Once the Commission initiated the proceedings, the Digital Services Coordinators of establishment concerned should be precluded from exercising their investigatory and enforcement powers in respect of the relevant conduct of the very large online platform concerned, so as to avoid duplication, inconsistencies and risks from the viewpoint of the principle of ne bis in idem. However, in the interest of effectiveness, those Digital Services Coordinators should not be precluded from exercising their powers either to assist the Commission, at its request in the performance of its supervisory tasks, or in respect of other conduct, including conduct by the same very large online platform that is suspected to constitute a new infringement. Those Digital Services Coordinators, as well as the Board and other Digital Services Coordinators where relevant, should provide the Commission with all necessary information and assistance to allow it to perform its tasks effectively, whilst conversely the Commission should keep them informed on the exercise of its powers as appropriate. In that regard, the Commission should, where appropriate, take account of any relevant assessments carried out by the Board or by the Digital Services Coordinators concerned and of any relevant evidence and information gathered by them, without prejudice to the Commission’s powers and responsibility to carry out additional investigations as necessary.
Amendment 210 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) contribute to the proper functioning of the internal market for intermediary services and encourage competition;
Amendment 219 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5 a. This Regulation shall not apply to matters relating to information society services covered by Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 229 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not in compliance with Union law or the law of a Member State in which it is hosted, irrespective of the precise subject matter or nature of that law;
Amendment 244 #
2020/0361(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Privacy protection User profiling done by information society service providers shall be conducted only on the basis of the data provided with the user´s explicit and informed consent, as defined in Article 4(11) of Regulation (EU) 2016/679. Any profiling must be done only in relation to users of the service. Information society service providers shall not profile individuals who are not users of the service. Users shall not be profiled regarding their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health, sex life or sexual orientation.
Amendment 245 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
Amendment 251 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the informationillegal content at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.
Amendment 254 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
Amendment 261 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
Amendment 263 #
2020/0361(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 269 #
2020/0361(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
No general monitoring or active fact- findingutomated content moderation obligations
Amendment 270 #
2020/0361(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Providers of intermediary services should never be obliged to use automated content moderation and the non-user of such technologies should not be considered as an aggravating factor when attributing liability.
Amendment 274 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 276 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— information about redress mechanisms available to the provider of the service and to the recipient of the service who provided the content;
Amendment 280 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Any requests to providers of intermediary services, made on the basis of this legislation, shall be transmitted through the Digital Service Coordinator in the Member State of establishment, who is responsible for collecting requests and communication from all relevant sources.
Amendment 289 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objectivetransparent, non- discriminatory, coherent, predictable, diligent, non-arbitrary and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 294 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Terms and conditions of providers of intermediary services shall respect the essential principles of fundamental rights as enshrined in the Charter and international law.
Amendment 296 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2 b. Terms and conditions that do not comply with this Article shall not be binding on recipients.
Amendment 297 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 c (new)
Article 12 – paragraph 2 c (new)
2 c. All changes in terms and conditions should fully comply with this article. Intermediary service providers should inform the users of all changes in terms and conditions at least a month in advance.
Amendment 298 #
2020/0361(COD)
2 d. Providers shall use as similar terms and conditions in the whole single market as possible, with divergences being clearly marked and justified.
Amendment 302 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, categorised by the type of reason and basis for taking those measures, as well as the measures taken to train content moderators and the safeguards to ensure that non-infringing content is not affected;
Amendment 331 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c a (new)
Article 14 – paragraph 2 – point c a (new)
(c a) where an alleged infringement of an intellectual property right is notified, evidence that the entity submitting the notice is the rights holder of the intellectual property right that is allegedly infringed or is authorised to act on behalf of that rights holder;
Amendment 333 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 335 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. Upon receipt of the notice of alleged copyright infringement the service provider shall notify the information providers, using available contact details, of the elements referred to in paragraph 2 and give them the opportunity to reply, within minimum 5 working days, before taking a decision and, if applicable, before disabling access to the referred content.
Amendment 336 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 4 b (new)
Article 14 – paragraph 4 b (new)
4 b. The provider shall ensure that decisions on notices are taken by qualified staff to whom adequate training as well as appropriate working conditions are to be provided, including, where necessary, the opportunity to seek professional support and qualified psychological assistance.
Amendment 337 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The provider shall also, without undue delay, notify that submitting individual or entity and the information provider of its decision in respect of the information to which the notice relates, providing information on the redress possibilities in respect of that decision.
Amendment 342 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objectivenon-arbitrary manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 353 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means used in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 365 #
2020/0361(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Exclusion for micro and, small or medium sized enterprises
Amendment 370 #
2020/0361(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 374 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service and qualified entities as defined in Article 3, point (4) of Directive (EU) 2020/1828 , for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 378 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to the information; , demote, demonetise, restrict or in any other way modify access to the information or otherwise impose sanctions against it;
Amendment 383 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objectivenon-arbitrary manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay. If the complaining entity wishes so, the online platform shall also publicly confirm the reversal of decision.
Amendment 389 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means. and always includes meaningful human oversight.
Amendment 390 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
1. Recipients of the service addressed by the decisions referred to in Article 17(1), and qualified entities as defined in Article 3, point (4) of Directive (EU) 2020/1828 shall be entitled to select any out-of- court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected by the recipient with a view to resolving the dispute and shall be bound by the decision taken by the body.
Amendment 393 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) it has the necessary legal expertise in relation to the issues arising in one or more particular areas of illegal content, or in relation to the application and enforcement of terms and conditions of one or more types of online platforms, allowing the body to contribute effectively to the settlement of a dispute;
Amendment 395 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
3. If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall notever be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 402 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The status of trusted flaggers under this Regulation shall be awarded, upon application by any entities, by the Digital Services Coordinator of the Member State in which the applicant is established or by the Commission, where the applicant has demonstrated to meet all of the following conditions:
Amendment 411 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators and the Commission shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2.
Amendment 413 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices or notices regarding legal content through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents.
Amendment 414 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Digital Services Coordinatorentity that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received by third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
Amendment 420 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shallmay suspend, only for a reasonable short period of time and after having issued a prior warning and after providing a comprehensive explanation, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Amendment 447 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
Amendment 449 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 460 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. ThVery large online platforms shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
Amendment 466 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned, including the period for redress. They shall subsequently delete the information.
Amendment 481 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3 a. Online platforms shall clearly state how and for what purpose they collect data from users of the service and how, to whom and for purpose they disseminate data collected further.
Amendment 493 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed and how to change these parameters.
Amendment 529 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
Amendment 536 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights, in particular the rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination, algorithmic biases and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 537 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) malfunctioning or intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.fundamental rights
Amendment 541 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
Article 26 – paragraph 1 – point c a (new)
(c a) readiness to participate in the crisis protocols referred to in Article 37;
Amendment 543 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, howthe effects of their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 547 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2 a. To ensure a high level of public control and transparency, these yearly risk assessments should be made as transparent as possible, by means of open access data. The outcome of the risk assessment and supporting documents shall be communicated to the Board and the Digital Services Coordinator of establishment. A summary version of the risk assessment shall be made publicly available in an easily accessible format.
Amendment 550 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shallmay put in place reasonable, proportionate and effective mitigation measures, tailored toeasures to cease, prevent and mitigate the specific systemic risks identified pursuant to Article 26 without disproportionately impacting fundamental rights. Such measures may include, where applicable:
Amendment 556 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(a a) ensuring appropriate staffing to deal with notices and complaints;
Amendment 559 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
Article 27 – paragraph 1 – point d a (new)
(d a) targeted measures to mitigate environmental risks and promote sustainability through their services and establishing criteria for energy-sufficient digital services.
Amendment 560 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
Amendment 565 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. The reports referred to in paragraph 2 shall be disseminated to the general public and include standardised, open data describing the systemic risks, especially risks to fundamental rights.
Amendment 567 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, may issue general guidelinerecommendations on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelinerecommendations the Commission shall organise public consultations.
Amendment 575 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
Amendment 579 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. Audits shall be performed at least on the following: i. the clarity, coherence and predictable enforcement of terms of service with particular regard to the applicable fundamental rights as enshrined in the Charter; ii. the completeness, methodology and consistency of the transparency reporting obligations as set out in Articles 13, 23, 24 and 30 as well as respect for highest possible standards on transparency reporting; iii. accuracy, predictability and clarity of the provider's follow-up for recipients of the service and notice providers to notices of illegal content and terms of service violations and the accuracy of classification (illegal or terms and conditions violation) of removed information; iv. internal and third-party complaint handling mechanisms; v. interaction with trusted flaggers and independent assessment of accuracy, response times, efficiency and whether there are indications of abuse; vi. diligence with regard to verification of the traceability of traders; vii. the effectiveness of and compliance with codes of conduct; viii data sufficiency, aiming at the reduction of data generation, in general, and traffic, wherever possible, in particular, do so including the reduction of associated electricity consumptions and resources from data centres, as referred to in Article 27; ix. readiness to participate in the crisis protocols referred to in Article 37; Audits on the subjects mentioned in points (i) to (vii) may be combined where the organisation performing the audits has subject-specific expertise on the subject matters at hand.
Amendment 581 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Audits performed pursuant to paragraphs 1 and 1a shall be performed by organisations which:
Amendment 590 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. The audits shall, immediately after completion, be submitted to Digital Services Coordinators, European Union Agency for Fundamental Rights and to the Commission. Audit findings, not including sensitive information, shall be made public. Digital Services Coordinators, European Union Agency for Fundamental Rights and the Commission may provide a public comment on the audits.
Amendment 597 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large oOnline platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available,. Very large online platforms must includinge at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679, as well as keep a log of all the significant changes implemented to the recommender system.
Amendment 605 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.
Amendment 607 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2 a. Only data provided voluntarily by the user and with clear consent can be used in recommender systems. Refusing consent shall be as easily visible and not more time-consuming for the recipient than to consent. The provision of an information society service by very large online platforms shall not be conditional on consent to user profiling.
Amendment 630 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 through online databases or application programming interfaces, as appropriate. This shall include personal data only where it is lawfully accessible to the public.
Amendment 638 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7 a. Research conducted under this regime should always be built on open access principles and use standardised data sets to ensure high level of transparency and accountability on proper use of provided data.
Amendment 639 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 7 b (new)
Article 31 – paragraph 7 b (new)
7 b. Upon completion of their research, the vetted researchers that have been granted access to data shall publish their findings without disclosing personal data.
Amendment 645 #
2020/0361(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a Interoperability 1. Very large online platforms shall make the core functionalities of their services interoperable with other online platforms to enable cross-platform communication. This obligation shall not limit, hinder or delay their ability to solve security issues and should be in compliance with all their responsibilities, especially regarding fundamental rights and protection of privacy. Online platforms shall not process information obtained for the purpose of cross-platform information exchange for other purposes. 2. Very large online platforms shall publicly document all application programming interfaces they make available and update them continuously. 3. The Commission shall adopt implementing measures specifying the nature and scope of the obligations set out in paragraphs 1 and 2, taking in account not only the individual cases of different very large online providers, but also the market as a whole.
Amendment 649 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. In order to facilitate the implementation of national and global environmental policy, as well as to allow individuals to make informed choices and improve competition, the European Commission shall support and promote the development and implementation of standards for the reporting of the environmental impact of the provision of the services provided by very large online platforms.
Amendment 652 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
Amendment 657 #
2020/0361(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
Article 36 – paragraph 2 – point b a (new)
Amendment 661 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The Board may recommend the Commission to initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health. The Commission is responsible for drafting, implementation and scrutiny of the crisis protocols and shall annually report on it to the European Parliament.
Amendment 662 #
2020/0361(COD)
Proposal for a regulation
Article 37 – paragraph 5 a (new)
Article 37 – paragraph 5 a (new)
5 a. All crisis protocols are to be subjected to scrutiny by the European Parliament and need approval from it before being put in place.
Amendment 663 #
2020/0361(COD)
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Amendment 679 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Member StatesThe Commission shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are implemented in accordance with Article 41.
Amendment 680 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 682 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member StatesThe Commission shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this Regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or turnover of the provider concerned.
Amendment 685 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Member StatesThe Commission shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily turnover of the provider of intermediary services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
Amendment 40 #
2020/0268(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 51 #
2020/0268(COD)
Proposal for a directive
Article 6 – paragraph 1 – point 4
Article 6 – paragraph 1 – point 4
Directive 2014/65/EU
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 162 #
2020/0266(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Establishing and maintaining adequate network and information system infrastructures is also a fundamental precondition for effective risk data aggregation and risk reporting practices, which are in turn an essential requisite for the sound and sustainable risk management and decision-making processes of credit institutions. In 2013, the Basel Committee on Banking Supervision published a set of principles for effective risk data aggregation and risk reporting(‘BCBS 239’) based on two overarching principles of governance and IT infrastructure, to be implemented by the beginning of 2016. According to the Basel Progress Report of April 2020 and the ECB Report on the Thematic Review of May 2018 on effective risk data aggregation and risk reporting, the implementation progress made by global systemically important banks was unsatisfactory and a source of concern. In order to facilitate compliance and alignment with international standards, the Commission, in close cooperation with the ECB and after consulting EBA and ESRB, should produce a report in order to assess how the BCBS 239 principles interact with the provisions of the DORA Regulation and, if appropriate, how those principles should be incorporated into Union law.
Amendment 163 #
2020/0266(COD)
Proposal for a regulation
Recital 12 – point 1
Recital 12 – point 1
Through this exercise, which consolidates and updates rules on ICT risk, all provisions addressing digital risk in finance would for the first time be brought together in a consistent manner in a single legislative act. This initiative should thus fill in the gaps or remedy inconsistencies in some of those legal acts, including in relation to the terminology used therein, and should explicitly refer to ICT risk via targeted rules on ICT risk management capabilities, reporting and testing and third party risk monitoring. This initiative also intends to raise awareness of ICT risks and acknowledges that ICT incidents and lack of operational resilience might jeopardise the financial soundness of financial entities.
Amendment 165 #
2020/0266(COD)
Proposal for a regulation
Recital 13 – introductory part
Recital 13 – introductory part
(13) Financial entities should follow the same approach and the same principle- based rules when addressing ICT risk. Consistency contributes to enhancing confidence in the financial system and preserving its stability especially in times of overushigh reliance ofn ICT systems, platforms and infrastructures, which entails increased digital risk.
Amendment 168 #
2020/0266(COD)
Proposal for a regulation
Recital 16 – introductory part
Recital 16 – introductory part
(16) As this Regulation raises the level of harmonisation on digital resilience components, by introducing requirements on ICT risk management and ICT-related incident reporting that are more stringent in respect to those laid down in the current Union financial services legislation, this constitutes an increased harmonisation also by comparison to requirements laid down in Directive (EU) 2016/1148. Consequently, for the financial sector, this Regulation constitutes lex specialis to Directive (EU) 2016/1148.
Amendment 171 #
2020/0266(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is also important to ensure consistency with both the European Critical Infrastructure (ECI) Directive, which is currently being reviewed in order to enhance the protection and resilience of critical infrastructures against non-cyber related threats, and the Directive on Resilience of Critical Entities, with possible implications for the financial sector.31 _________________ 31Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).
Amendment 186 #
2020/0266(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) With ICT threats becoming more complex and sophisticated, good detection and prevention measures depend to a great extent on regular threat and vulnerability intelligence sharing between financial entities. Information sharing contributes to increased awareness on cyber threats, which, in turn, enhances financial entities’ capacity to prevent threats from materialising into real incidents and enables financial entities to better contain the effects of ICT-related incidents and recover more efficiently. In the absence of guidance at Union level, several factors seem to have inhibited such intelligence sharing, notably uncertainty over the compatibility with the data protection, anti- trust and liability rules. It is therefore important to strengthen cooperation arrangements and reporting amongst financial entities and the competent authorities as well as information-sharing with the public, with a view to developing an open intelligence sharing framework and a 'security by design' approach, which are essential in order to increase the operational resilience and preparedness of the financial sector with regard to cyber threats.
Amendment 206 #
2020/0266(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) To address the systemic impact of ICT third-party concentration risk, a balanced solution through a flexible and gradual approach should be promoted since rigid caps or strict limitations may hinder business conduct and contractual freedom. Financial entities should thoroughly assess contractual arrangements to identify the likelihood for such risk to emerge, including by means of in-depth analyses of sub-outsourcing arrangements, notably when concluded with ICT third-party service providers established in a third country. At this stage, and with a view to strike a fair balance between the imperative of preserving contractual freedom and that of guaranteeing financial stability, it is not considered appropriate to provide for strict caps and limits to ICT third-party exposures. The ESA designated to conduct the oversight for eachJoint Oversight Body overseeing critical ICT third- party provider (“the Lead Overseer”) should in the exercise of oversight tasks pay particular attention to fully grasp the magnitude of interdependences and discover specific instances where a high degree of concentration of critical ICT third-party service providers in the Union is likely to put a strain on the Union financial system’s stability and integrity and should provide instead for a dialogue with critical ICT third-party service providers where that risk is identified.38 _________________ 38In addition, should the risk of abuse by an ICT third-party service provider considered dominant arise, financial entities should also have the possibility to bring either a formal or an informal complaint with the European Commission or with the national competition law authorities.
Amendment 214 #
2020/0266(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Contractual arrangements should provide for clear termination rights and related minimum notices as well as dedicated exit strategies enabling, in particular, mandatory transition periods during which the ICT third-party service providers should continue providing the relevant functions with a view to reduce the risk of disruptions at the level of the financial entity or allow the latter to effectively switch to other ICT third-party service providers, or alternatively resort to the use of on-premises solutions, consistent with the complexity of the provided service. In addition, credit institutions should also ensure that the relevant ICT contracts are robust and fully enforceable in the event of resolution of the credit institution. In that regard, credit institutions should include, in the relevant contracts for ICT services, resolution- resilient clauses, which ensure, among other requirements, non-termination, suspension or modification on the grounds of resolution as long as substantive obligations continue to be performed.
Amendment 219 #
2020/0266(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) To leverage the current multi- layered institutional architecture in the financial services area, the Joint Committee of the ESAs should continue to ensure the overall cross-sectoral coordination in relation to all matters pertaining to ICT risk, in accordance with its tasks on cybersecurity, supported bythrough a new SubcCommittee (the Joint Oversight Forum) carrying out preparatory workBody) adopting for both individual decisions addressed to critical ICT third-party service providers and collective recommendations, notably on benchmarking the oversight programs of critical ICT third-party service providers, and identifying best practices for addressing ICT concentration risk issues.
Amendment 220 #
2020/0266(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) To ensure that ICT third-party service providers fulfilling a critical role to the functioning of the financial sector are commensurately overseen on a Union scale, one of the ESAsthe Joint Oversight Body should be dresignated as Lead Overseer forponsible for the supervision of each critical ICT third-party service provider and rely on joint examination teams.
Amendment 223 #
2020/0266(COD)
Proposal for a regulation
Recital 62 – introductory part
Recital 62 – introductory part
(62) Lead OverseersThe Joint Oversight Body should enjoy the necessary powers to conduct investigations, onsite and offsite inspections at critical ICT third-party service providers, access all relevant premises and locations and obtain complete and updated information to enable them to acquire real insight into the type, dimension and impact of the ICT third- party risk posed to the financial entities and ultimately to the Union’s financial system.
Amendment 227 #
2020/0266(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) To leverage technical expertise of competent authorities’ experts on operational and ICT risk management, Lead Overseers should draw on national supervisory experience and set up dedicated examination teamsthe Joint Oversight Body should rely on joint examination teams composed by national supervisory experts and dedicated ESAs staff for each individual critical ICT third- party service provider, pooling together multidisciplinary teams to supporting both the preparation and the actual execution of oversight activities, including onsite inspections of critical ICT third-party service providers, as well as needed follow-up thereof.
Amendment 233 #
2020/0266(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Competent authorities, including the Joint Oversight Body, should possess all necessary supervisory, investigative and sanctioning powers to ensure the application of this Regulation. Administrative penalties should, in principle, be published. Since financial entities and ICT third-party service providers can be established in different Member States and supervised by different sectoral competent authorities, close cooperation between the relevant competent authorities, including ECB with regard to specific tasks conferred on it by Council Regulation (EU) No 1024/201339 , and consultation with the ESAs should be ensured by the mutual exchange of information and provision of assistance in the context of supervisory activities. The Single Resolution Board and national resolution authorities should be involved in the mechanisms for the mutual exchange of information for entities referred to in Article 7 of Regulation (EU) No 806/2014. National resolution authorities should provide a summary of the reported incidents for entities under their remit to the Single Resolution Board on a quarterly basis. _________________ 39 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
Amendment 247 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) central securities depositories and operators of securities settlement systems,
Amendment 264 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(u a) operators of payment schemes and payment systems.
Amendment 268 #
2020/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Chapter III of this Regulation applies to all payment service providers as defined in Directive (EU) 2015/2366.
Amendment 273 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘digital operational resilience’ means the ability of a financial entity to build, assure and review its operational integrity from a technological perspective by ensuring, either directly or indirectly, through the use of services of ICT third- party providers, the full range of ICT- related capabilities needed to address the security of the network and information systems which a financial entity makes use of, and which support the continued provision of financial services and their quality;
Amendment 276 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘ICToperational risk’ means any reasonably identifiable circumstance in relation to the use of network and information systems, - including a malfunction, capacity overrun, failure, disruption, impairment, misuse, loss or other type of malicious or non- malicious event - which, if materialised, may compromise the security of the network and information systems, of any technology-dependant tool or process, of the operation and process’ running, or of the provision of services, thereby compromising the integrity or availability of data, software or any other component of ICT services and infrastructures, or causing a breach of confidentiality, a damage to physical ICT infrastructure or other adverse effects;
Amendment 282 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘ICT-relatedoperational incident’ means an unforeseen identified occurrence in the network and information systems, whether resulting from malicious activity or not,y event which compromises the security of network and information systems, of the information that such systems process, store or transmit, or has adverse effects on the availability, confidentiality, continuity or authenticity of financial services provided by the financial entity;
Amendment 290 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘major ICT-relatedoperational incident’ means an ICT-related incident with a potentially high adverse impact on the network and information systems that support critical functions of the financial entity;
Amendment 300 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15 a) 'intra-group ICT third-party service provider' means an ICT third- party service provider that is in a consolidated situation with a financial entity, or that is within the same group as a financial entity, as defined in Regulation (EU) No 575/2013.
Amendment 341 #
2020/0266(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) allocate and periodically review appropriate budget to fulfil the financial entity’s digital operational resilience needs in respect of all types of resources, including relevant training on ICT risks and skills for all relevant staff;
Amendment 355 #
2020/0266(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Financial entities other than microenterprises shall assign the responsibility for managing and overseeing ICT-related risks to a control function and ensure the independence and objectivity of that control function to avoid conflicts of interest. They shall ensure appropriate segregation of ICT management functions, control functions, and internal audit functions, according to the three lines of defense model, or an internal risk management and control model.
Amendment 371 #
2020/0266(COD)
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
10. Upon approval of competent authorities, financial entities may delegate the tasks of verifying compliance with the ICT risk management requirements to intra-group or external undertakings. Where such outsourcing occurs, the financial entity shall remain fully accountable for the verification of compliance with ICT risk management requirements.
Amendment 398 #
2020/0266(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) prevent information leakagebreach of confidentiality;
Amendment 440 #
2020/0266(COD)
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. Financial entities referred to in point (f) of Article 2(1) shall maintain or ensure that their ICT third-party providers maintain at least one secondary processing site endowed with resources, capabilities, functionalities and staffing arrangements sufficient and appropriate to ensure business needs.
Amendment 488 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Financial entities shall report major ICT-relatedoperational incidents to the relevant competent authoritysingle EU hub as referred to in Article 419, within the time- limits laid down in paragraph 3. Where the major operational incident also amounts to a personal data breach, financial entities shall notify it to the relevant data protection authority and to the affected data subjects, where relevant, in line with Article 33 of Regulation 2016/679.
Amendment 491 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
For the purpose of the first subparagraph, financial entities shall produce, after collecting and analysing all relevant information, an incident report using the template referred to in Article 18 and submit it to the competent authoritysingle EU hub.
Amendment 497 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a major ICT-related incident has or may have an impact on the financial interests of service users and clients, financial entities shall, without undue delay, inform their service users and clients about the major ICT-related incident and shall as soon as possible inform them of all measures which have been taken to mitigate the adverse effects of such incident. Where such incident materialises, the financial entities shall release a public statement, in addition to individually informing their service users and clients.
Amendment 499 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. Where the risk of a major ICT- related incident emerges but does not materialise due to the counter measures adopted, financial entities may release a public statement instead of individually informing their service users and clients.
Amendment 500 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2 b. Where a major operational incident causes financial losses to their service users and clients, financial entities shall be liable for the compensation of the proven losses incurred by those service users and clients.
Amendment 501 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Financial entities shall submit to the competent authoritysingle EU hub as referred to in Article 419:
Amendment 503 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) an initial notification, without delay, but no later than the end of the business day, or, in case of a major ICT- related incident that took place later than 2 hours before the end of the business day, not later than 4 hours from the beginning of the next business day, or, where reporting channels are not available, as soon as they become available24 hours after the operational incident is classified as major by the financial entity;
Amendment 516 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 521 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 525 #
2020/0266(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. EBA, ESMA or EIOPA and the ECB, in cooperation with ENISA, shall assess the relevance of the major ICT- related incident to other relevant public authorities and notify them accordingly as soon as possible. The ECB shall notify the members of the European System of Central Banks on issues relevant to the payment system. Based on that notification, the competent authorities shall, where appropriate, take all of the necessary measures to protect the immediate stability of the financial system.
Amendment 527 #
2020/0266(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The ESAs, through the Joint Committee and ENISA after consultation with ENISA and the ECB, shall develop:
Amendment 532 #
2020/0266(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The ESAs, through the Joint Committee and in consultation with ECB and ENISA, shall prepare a joint report assessing the feasibility of further centralisation of incident reporting through the establishment of shall establish and operate a single EU Hub for major ICT-relatedoperational incident reporting by financial entities. The report shall explore ways to facilitate the flow of ICT-related incident reporting, reduce associated costs and underpin thematic analyses with a view to enhancing supervisory convergence.
Amendment 536 #
2020/0266(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 540 #
2020/0266(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. The EU Hub shall collect and maintain incident data and shall ensure that the entities referred to in paragraph 3 have direct and immediate access to the relevant information.
Amendment 542 #
2020/0266(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The ESAsU Hub shall submit the report referred to in the paragraph 1 to the Commission, the European Parliament and to the Council by xx 202x [OJ: insert date 3 years after the date of entry into force]. make the necessary information available to the following entities to enable them to fulfil their respective responsibilities and mandates: (a) competent authorities as referred to in Article 41; (b) EBA, ESMA or EIOPA, as appropriate; (c) the ECB, as appropriate, in the case of financial entities referred to in points (a), (b) and (c) of Article 2(1); (d) the single point of contact designated under Article 8 of Directive (EU) 2016/1148; (e) the Single Resolution Board (SRB), for entities referred to in Article 7(2) of Regulation (EU) No 806/2014, and national resolution authorities in relation to entities referred to in Article 7(3) of Regulation (EU) No 806/2014.
Amendment 543 #
2020/0266(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3 a. The ESAs, through the Joint Committee and after consultation with ENISA and the ECB, shall develop common draft regulatory technical standards specifying the following: (a) modalities and operational standards for the collection and aggregation of incident reporting information and for the entities referred to in paragraph 3 to access that information; (b) the terms and conditions, the arrangements and the required documentation under which access to the EU Hub is granted to the entities referred to in paragraph 3; (c) the conditions for membership of financial entities.
Amendment 561 #
2020/0266(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Where ICT third-party service providers are included in the remit of the threat led penetration testing, the financial entity shall take the necessary measures to ensure the participation of these providers. Such testing shall not adversely impact other users of the ICT third-party service providers.
Amendment 572 #
2020/0266(COD)
Proposal for a regulation
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. EBA, ESMA and EIOPA shall,The ESAs shall, in coordination with ENISA and after consulting the ECB and taking into account relevant frameworks in the Union which apply to intelligence-based penetration tests, develop one set of draft regulatory technical standards to specify further:
Amendment 604 #
2020/0266(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 8 a (new)
Article 25 – paragraph 1 – point 8 a (new)
8 a. With a view to reducing the risk of disruptions at the level of the financial entity, in duly justified circumstances and in agreement with their competent authorities, financial entities may not terminate the contractual arrangement with the ICT third-party service provider until they are able to switch to another ICT third-party service provider or change to on-premises solutions consistent with the complexity of the service provided, in accordance with the exit strategy referred to in paragraph 9.
Amendment 636 #
2020/0266(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point j
Article 27 – paragraph 2 – point j
(j) termination rights and related minimum notices period for the termination of the contract, in accordance with competent authorities’ and resolution authorities' expectations;
Amendment 640 #
2020/0266(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point k – point i
Article 27 – paragraph 2 – point k – point i
(i) during which the ICT third-party service provider will continue providing the respective functions or services with a view to reduce the risk of disruptions at the financial entity or to ensure its effective resolution and restructuring;
Amendment 648 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The ESAs, through the Joint Committee and upon recommendation from theJoint Oversight ForumBody established pursuant to Article 29(1), after consultation with the ENISA, shall:
Amendment 649 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(a a) be responsible for the supervision and oversight of critical ICT third-party service providers in relation to the services they provide to financial entities.
Amendment 651 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) appoint either EBA, ESMA or EIOPA as Lead Overseer for each critical ICT third-party service provider, depending on whether the total value of assets of financial entities making use of the services of that critical ICT third-party service provider and which are covered by one of the Regulations (EU) No 1093/2010 (EU), No 1094/2010 or (EU) No 1095/2010 respectively, represents more than a half of the value of the total assets of all financial entities making use of the services of thedopt decisions addressed to critical ICT third- party service provider, as evidenced by the consolidated balance sheets, or the individual balance sheets where balance sheets are not consolidated, of those financial entities.
Amendment 669 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The ESAs, through the Joint CommitteeJoint Oversight Body, in consultation with ENISA, shall establish, publish and yearly update the list of critical ICT third- party service providers at Union level.
Amendment 678 #
2020/0266(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 679 #
2020/0266(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Joint Committee, in accordance with Article 57 of Regulation (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010,Oversight Body shall be establish the Oversight Forum as a sub-committeed for the purposes of supporting the work of the Joint Committee and the Lead Overseer referred to in point (b) of Article 28(1) in the area of ICT third-party risk across financial sectors. The Oversight Forum shall prepare the draft joint positions and common acts of the Joint Committee in that areaoverseeing ICT third-party risk across financial sectors and conducting direct oversight of ICT third-party service providers designated as critical pursuant to Article 28.
Amendment 681 #
2020/0266(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 685 #
2020/0266(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. In accordance with Article 16 of Regulation (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, the ESAs shall issue guidelines onThe Commission is empowered to adopt a delegated act in accordance with Article 50 to specify the cooperation modalities between the ESAsJoint Oversight Body and the competent authorities for the purposes of this Section on the detailed procedures and conditions relating to the execution of tasks between competent authorities and the ESAsJoint Oversight Body and details on exchanges of information needed by competent authorities to ensure the follow-up of recommendatthe decisions addressopted by Lead Overseersthe Joint Oversight Body pursuant to point (d) of Article 31(1) to critical ICT third- party providers.
Amendment 688 #
2020/0266(COD)
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The ESAs, through the Joint Committee and based on preparatory work conducted by theJoint Oversight Forum,Body shall present yearly to the European Parliament, the Council and the Commission a report on the application of this Section.
Amendment 689 #
Amendment 690 #
2020/0266(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The LeadJoint Overseeright Body shall assess whether each critical ICT third-party service provider has in place comprehensive, sound and effective rules, procedures, mechanisms and arrangements to manage the ICT risks which it may pose to financial entities.
Amendment 695 #
2020/0266(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Powers and responsibilities of the LeadJoint Overseeright Body
Amendment 696 #
2020/0266(COD)
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. For the purposes of carrying out the duties laid down in this Section, the LeadJoint Overseeright Body shall have the following powers in respect of the services provided by critical ICT third-party service providers to financial entities:
Amendment 698 #
2020/0266(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point d – introductory part
Article 31 – paragraph 1 – point d – introductory part
(d) to address recommendattake decisions on the areas referred to in Article 30(2), in particular concerning the following:
Amendment 702 #
2020/0266(COD)
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. When exercising the powers referred to in paragraph 1, the Joint Oversight Body shall coordinate with the relevant national competent authority established by Directive (EU) 2016/1148 to avoid inconsistencies or duplication with rules established under Directive (EU) 2016/1148.
Amendment 703 #
2020/0266(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 710 #
2020/0266(COD)
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. The ESAsJoint Oversight Body shall disclose to the public every periodic penalty payment that has been imposed, unless such disclosure to the public would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved.
Amendment 726 #
2020/0266(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Within 30 calendar days after the receipt of the rdecommendatisions issued by Lead Overseersthe Joint Oversight Body pursuant to point (d) of Article 31(1), critical ICT third-party service providers shall notify the Lead Overseer whether they intend to followwhether they have complied with those rdecommendations. Lead Overseersisions. The Joint Oversight Body shall immediately transmit this information to the competent authorities of the financial entities concerned.
Amendment 729 #
2020/0266(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Competent authorities shall monitor whether financial entities take into account the risks identified in the rdecommendatisions addressed to critical ICT third-party providers by the LeadJoint Overseeright Body in accordance with points (d) of Article 31(1). The Joint Oversight Body shall monitor whether the critical ICT third-party providers have addressed the risks identified in those decisions.
Amendment 731 #
2020/0266(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Competent authoritiesThe Joint Oversight Body may, in accordance with Article 44, require financial entitiesafter consultation with the competent authorities of the financial entities concerned, require the critical ICT third- party service provider to temporarily suspend, either in part or completely, the use or deployment of a service provided byto the critical ICT third-party providerfinancial entities concerned until the risks identified in the rdecommendatisions addressed to critical ICT third-party providers have been addressed. Where necessary, they may require financial entitiesthe critical ICT third-party service provider to terminate, in part or completely, the relevant contractual arrangements concluded with the critical ICT third-party service providerfinancial entities.
Amendment 738 #
2020/0266(COD)
Proposal for a regulation
Article 37 – paragraph 4 – introductory part
Article 37 – paragraph 4 – introductory part
4. When taking the decisions referred to in paragraph 3, competent authoritiesthe Joint Oversight Body shall take into account the type and magnitude of risk that is not addressed by the critical ICT third-party service provider, as well as the seriousness of the non-compliance, having regard to the following criteria:
Amendment 749 #
2020/0266(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. To foster cooperation and enable supervisory exchanges between the competent authorities designated under this Regulation and the Cooperation Group established by Article 11 of Directive (EU) 2016/1148, the ESAs and the competent authorities, may request to be invited to the workings of Cooperation Groupshall participate in the work of the Cooperation Group as set out in Article 11 of Directive (EU) 2016/1148 in so far as that work concerns any aspect of the subject matter set out in Article 1 of this Regulation.
Amendment 750 #
2020/0266(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2 a. The Joint Oversight Executive Body shall inform and cooperate with the relevant competent authorities designated under Directive (EU) 2016/1148 before conducting general investigations and inspections in accordance with Article 31(1)(b), and Articles 33 and 34 of this Regulation.
Amendment 751 #
2020/0266(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Competent authorities, EBA, ESMA or EIOPA, national resolution authorities, the SRB and the ECB shall cooperate closely with each other and exchange information to carry out their duties pursuant to Articles 42 to 48. They shall closely coordinate their supervision in order to identify and remedy breaches of this Regulation, develop and promote best practices, facilitate collaboration, foster consistency of interpretation and provide cross-jurisdictional assessments in the event of any disagreements.
Amendment 753 #
2020/0266(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. CThe Joint Oversight Body and the competent authorities shall have all supervisory, investigatory and sanctioning powers necessary to fulfil their duties under this Regulation.
Amendment 754 #
2020/0266(COD)
Proposal for a regulation
Article 44 – paragraph 4 – point e a (new)
Article 44 – paragraph 4 – point e a (new)
(e a) provide an automatic compensation to their service users and clients where an operational incident hampered the use of financial services for a period of more than 48 hours;
Amendment 756 #
2020/0266(COD)
Proposal for a regulation
Article 48 – paragraph 3 – introductory part
Article 48 – paragraph 3 – introductory part
3. Where the competent authority, following a case-by-case assessment, considers that the publication of the identity, in the case of legal persons, or of the identity and personal data, in the case of natural persons, would be disproportionate, jeopardise the stability of financial markets or the pursuit of an on- going criminal investigation, or cause, insofar as these can be determined, disproportionate damages to the person involved, it shall adopt either of the following solutions in respect to the decision imposing an administrative sanction:
Amendment 757 #
2020/0266(COD)
Proposal for a regulation
Article 48 – paragraph 3 – point c
Article 48 – paragraph 3 – point c
(c) refrain from publishing it, where the options set out in points (a) and (b) are deemed either insufficient to guarantee a lack of any danger for the stability of financial markets, or where such a publication would not be proportional with the leniency of the imposed sanction.
Amendment 49 #
2019/2098(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 52 #
2019/2098(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes with concern from the Court’s report that shortcomings were found related to excessive dependency on contractors, external consultancy and interims, to the use of inadequate award criteria and the conclusion of contracts with abnormally low tenderers without reasonable justification; notes that several agencies have outsourced, extensively, regular activities and occasionally core business activities, which weakens the internal expertise and control over contract execution, with some weaknesses in the procurement process which may impair fair competition and the achievement of best value for money procurements; notes that for six agencies the framework contract terms for the provision of IT maintenance and equipment were weak, as they allowed the purchase of items not specifically mentioned therein and not subject to an initial competitive procedure, and it also allowed the contractor to charge uplifts on the prices of items purchased from other suppliers; notes that although agencies have no power to change the basic contractual arrangements, their related ex - ante controls did not check the accuracy of the up-lifts charged by the contractor; calls on all agencies and bodies of the Union to strictly abide by public procurement rules; underlines that digitalisation is a great opportunity for the agencies to increase efficiency and transparency, including in the field of procurement; calls, therefore, on all agencies and bodies to rapidly finalize and implement e-tendering, e- submission, e-invoicing and e-forms for public procurement;
Amendment 58 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Notes with concern that not all agencies and bodies of the Union have published on their respective websites the declarations of interest for members of the management boards, executive leadership and seconded experts; regrets that some agencies still publish declarations of absence of conflict of interest; highlights that it is not up to the board members or executives to declare themselves out of conflict of interest; calls for a unified model of declarations of interest to be implemented by all agencies; stresses the importance of establishing an independent ethics body to assess conflict of interest and revolving doors situations throughout the institutions, agencies and other bodies of the Union; urges the Member States to ensure that all seconded experts publish their respective declarations of interest and CVs on the respective agency websites;
Amendment 61 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Notes that, in spite of whistle- blowing rules being in place in all agencies and other bodies of the Union, there are hardly any cases reported, raising concern of either staff not being aware of existing rules, or a lack of trust in the system; points out the necessity of an independent disclosure, advice and referral body, with sufficient budgetary resources, in order to support and ensure the proper implementation of whistle- blowing rules and procedures;
Amendment 63 #
2019/2098(DEC)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Considers regrettable that there are still no clear guidelines and a consolidated policy on the revolving doors issue; stresses the fact that this issue is of key importance, particularly in the case of those agencies working with the industries; calls on the Commission to provide stronger rules, better controls and clear guidelines on cooling-off periods for out-going staff and other revolving-doors related measures;
Amendment 7 #
2019/2064(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with appreciation the simplification of budget management with the entire financing of the common overhead costs relating to all delegations’ offices in 2018, (rent, security, cleaning and other overheads), including European Development Fund delegations, from the budget lines of the EEAS for the third consecutive year; supports the EEAS efforts to modernise and simplify its administration through the “Innovative 2019” project, which includes 20 proposals under examination; asks the EEAS to report back to the Budgetary Control Committee on the proposals under examination;
Amendment 21 #
2019/2064(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Observes that gender and geographic balance should also be respected with regard to the EU special representatives, two out of eight EU special representatives being women; considers also that ethical standards have to be taken into account to avoid potential conflicts of interests; supports the EEAS’ preparation of a decision on ethics, taking the specificities of work in delegation into account;
Amendment 22 #
2019/2064(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Highlights the same situation in the staff overall distribution by gender in management posts, while noting an slight improvement in 2018 with 27,1 % compared to 24,5 % in 2017, representing 71 women, i.e. 60 out of 211 positions at middle management positions (or 28,4 % compared to 26 % in 2017) and 11 out of 51 senior management posts (or 21,57 % compared to 18 % in 2017);
Amendment 23 #
2019/2064(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Observes that the number of seconded national experts (SNE) from Member States has been stabilised to 449 with the same number as 2017 and following a regular increase since 2011; notes that 87,31 % of seconded national experts are posted at EEAS headquarters with the rationale that they reply to very specialised needs within the EEAS structure; recalls that SNE should not exceed a certain proportion of the overall staff of the EEAS in order to preserve a strong and sustainable team spirit and asks the EEAS again to set such a threshold; calls on also the EEAS to pay particular attention to the potential issue of conflict of interest in its recruitment policy for seconded national experts; is of the opinion that additional budget is necessary to replace SNEs with staff in order to ensure a high-level of independence;
Amendment 24 #
2019/2064(DEC)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Recalls the importance of cooling- off periods for officials formerly employed by the Union institutions or agencies as unaddressed conflict-of-interest situations may compromise the enforcement of high ethical standards throughout the European administration; underlines that Article 16 enables Union institutions and agencies, including the EEAS, to turn down a former official’s request to take a specific job if restrictions are not sufficient to protect the legitimate interests of the institutions; fears that it is often not possible to enforce conditions imposed upon post-public employment activities; encourages the EEAS, all other agencies and Union institutions, therefore, to consider the full range of tools made available under Article 16 of the Staff Regulations, in particular when they are notified of a transfer to an organisation or company which has registered in the transparency register in order to exclude any risk of former officials lobbying the Union institutions within two years after their termination of office; stresses that, for example, in the case of former EEAS official Mr Gerhard Sabathil leaving directly to the lobby firm EUTOP, prohibition of a direct move to EUTOP might have been considered under Article 21(3)(b) of Commission Decision C(2018)4048, in that EUTOP can be seen as an ‘opposing party’ or representing opposing party’s interests; further calls on all institutions and agencies, including the EEAS, to strictly publish their assessment of each case as required under Article 16 of the Staff Regulations;
Amendment 25 #
2019/2064(DEC)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Considers the further pooling of experience in enforcement and supervision of Article 16 of the Staff Regulations and related ethics rules across all Union institutions necessary; welcomes the commitment of Commission President Ursula von der Leyen for a Union ethics body common to the Union institutions;
Amendment 27 #
2019/2064(DEC)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
38b. Welcomes the progress made on reducing the number of delegations exceeding the maximum space of 35 m2 per person, following the Court's recommendation in order to make the best use of EEAS premises and avoid unnecessary spending;
Amendment 28 #
2019/2064(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Reiterates that the Union took a step towards fair remuneration for all within its institutions; stresses that the EEAS should ensure its trainees in headquarters and in delegations to receive a decent remuneration infor all types of internships (Blue Book, Bruges and Other); welcomes the implementation of paid traineeships in delegations and the termination of offering unpaid traineeships on the Ombudsman’s recommendations; notes that the number of trainees in delegations have more than quadrupled, from 26 in 2017 to 109 in 2018; however, regrets that out of the total 404 traineeships offered by the EEAS in 2018, 126 were not remunerated, as they were part of a compulsory training for students; calls on the EEAS to guarantee an appropriate allowance to all EEAS trainees in order to avoid the reinforcement of discrimination on economic grounds;
Amendment 30 #
2019/2064(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes with concern the 135 mediation cases treated in 2018 concerning delegations and headquarters; calls on the EEAS, in particular the mediation service now reporting directly to the secretariat general, to continue giving the highest priority to this issue in the resource management; reiterates the importance of developing a culture of zero tolerance towards harassment with a strict following up on reported cases; welcomes the anti- harassment awareness raising initiative launched in 2018 by the EEAS Secretary General with the aim of providing more information on the EEAS anti- harassment policy;
Amendment 32 #
2019/2064(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Invites also, in this context, the EEAS to extend the network of confidential counsellors, currently representing 6 people, especially in the network of delegations by possibly increasing the number of trained volunteer counsellors in delegations; encourages the EEAS to foster the social dialogue regardless the origin of the staff and the different status of the staff;
Amendment 33 #
2019/2064(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Observes that the EEAS, after having updated its administrative arrangement with the European Anti-Fraud Office and reinforced its cooperation on fraud related issues with directorates- general acting in external affairs, such as Directorate-General for Foreign Policy Instruments (DG FPI), Directorate-General for European Neighbourhood Policy and Enlargement Negotiations (DG NEAR) and Directorate-General for International Cooperation and Development (DG DEVCO) in 2017, has continued its efforts to refine its anti-fraud strategy; stresses that further cooperation with the European Anti-Fraud Office and Commission (the directorates-general acting in external affairs, such as DG FPI, DG NEAR and DG DEVCO) should be implemented; notes with appreciation the awareness raising of the heads of delegation in agreement with DG DEVCO an DG NEAR on fraud prevention and reporting via its internal control principle ‘Prevention of fraud’; welcomes the fact that the EEAS is a member of the Fraud and Detection Network chaired by OLAF;
Amendment 34 #
2019/2064(DEC)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Notes that in 2018 there was one reported case of alleged whistleblowing by an external person against a staff member of the Commission in an EU delegation; asks the EEAS to provide the Parliament with information concerning the policy and procedures it has in place, especially in delegations, when facing a case of whistleblowing;
Amendment 35 #
2019/2064(DEC)
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45b. Supports the EEAS efforts to improve transparency by promoting and improving the e-EEAS Register, through which citizens can request access to documents; notes with satisfaction that citizens used the e-EEAS Register on a higher frequency compared to 2017;asks the EEAS to ensure a quick response to citizens 'requests;
Amendment 36 #
2019/2064(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 40 #
2019/2064(DEC)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Welcomes the creation of the Rapid Alert System, set up among the EU institutions and Member States to facilitate the sharing of best practises related to disinformation campaigns and coordinate responses based on open- source information provided by academia, fact-checkers, online platforms and international partners; encourages the EEAS to develop a long-term vision for the Rapid Alert System and foster coordination with Members States and other key partners; further, encourages the EEAS to promote the EU vs Disinfo.eu website, which contains over5,000 disinformation cases but generated only 1.2 million page views in 2018;
Amendment 41 #
2019/2064(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Supports the EEAS’s efforts in order to reinforce the all range of physical and IT security issues from the staff and buildings security with the purchasing of new security equipment, to the training of regional security officers to preserve the EEAS’s security interests and provide further security know-how by implementing a formal security risk management policy as well as the cybersecurity challengeand cybersecurity policy; particularly welcomes the launch of the Security Awareness Programme to reduce risks in the headquarters, based on2018 staff survey, and the Security Risk Management system in the delegations to standardise the reporting of local security threats, including risks regarding health and safety;
Amendment 43 #
2019/2064(DEC)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50a. Recognises the added value that Free and Open Source Software can bring to the EEAS; underlines in particular their role in increasing transparency and avoiding vendor lock-in effects; recognises also their potential for security improvements as they permit to identify and fix the weaknesses; strongly recommends any software developed for the institution to be made publicly available under free and open-source software licence;
Amendment 46 #
2019/2064(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Welcomes new initiatives to improve the communication in relation with Union citizens concerning the importance of public diplomacy and strategic communications as an integral aspect of the Union's external relations; encourages the EEAS to invest in digital communications, through social media and its websites; commends that the EEAS starteds engaging multipliers to running Europe- wide public campaigns.-awareness campaigns; further encourages the use of free open-source self-hosted social network platforms having special regards to users data protection;
Amendment 47 #
2019/2064(DEC)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Regrets that the EEAS does not yet have an Environmental Management System; notes that efforts were made to promote the use of video conference; however asks the EEAS to put in place a concrete action plan in order to lower its environmental footprint its headquarter and delegations;
Amendment 10 #
2019/2063(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates the importance of data protection in relation to cybersecurity; welcomes the EDPS' efforts in providing guidance to the Union institutions on how to protect personal data when implementing cybersecurity measures, how comprehensive information security management systems serve as the basis for fulfilling both data protection and cybersecurity obligations and on how to carry out data protection notification and information obligations in relation to personal data breaches; notes that the scandal over the misuse of Facebook data by Cambridge Analytica and the growing evidence of illegal interference in elections request responses from the EDPS; underlines that the EDPS must fight against potential misuse of digital data;
Amendment 11 #
2019/2063(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recognises the added value that free and open source software can bring to the EDPS; underlines in particular their role in increasing transparency and avoiding vendor lock-in effects; recognises also their potential for security improvements as they permit to identify and fix the weaknesses; strongly recommends any software developed for the institution to be made publicly available under free and open-source software licence;
Amendment 12 #
2019/2063(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes that the decision on anti- harassment has been made available to the entire staff via the EDPS intranet; notes with appreciation that the EDPS is currently working on revising the anti- harassment decision, as well as on a mandate to appoint additional confidential counsellors; notes that 69 % of colleagues acknowledged in the 2018 staff survey that they are aware of the existing policy on psychological and sexual harassment; welcomes that in 2018 a team of twoone confidential counsellors was set uptrained;
Amendment 13 #
2019/2063(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes the EDPS’ initiative in 2018 to no longer offer unpaid traineeships but only offer paid traineeships through the Blue Book trainee program; notes that this change in the EDPS recruitment process of trainees was made following a recommendation from the Ombudsman to adapt eligibility criteria of paid traineeships; reiterates the need to guarantee an appropriate allowance to all Union institutions' trainees in order to avoid the reinforcement of discrimination on economic grounds;
Amendment 14 #
2019/2063(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Welcomes the EDPS’ targeted initiatives to lower the environmental footprint of the institution; encourages the EDPS to put in place a concrete action plan to lower its environmental footprint;
Amendment 15 #
2019/2063(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes that the importance of the EDPS communication activities has increased considerably over the past years; recognises the efforts to improve the impact of its online presence; notes the organisation of two important communication campaigns, namely the 2018 International Conference focusing on Debating Ethics by reaching the widest possible audience with the debate on digital ethics, and, in December 2018, its communication campaign on the new data protection regulation for the Union institutions; further encourages the use of free open-source self-hosted social network platforms having special regard to users data protection;
Amendment 1 #
2019/2061(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. GPostpones its decision on grantsing the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2018;
Amendment 7 #
2019/2061(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Appreciates the Committee’s success on social media with 12 658 page likes on Facebook in 2018 (compared to 9 013 in 2017) and 3 727 followers on Twitter in 2018 (compared to 3 425 in 2017); acknowledges the successful use of the online survey/mobile app 'Have your say on Europe!' across the Union; congratulates the Committee with its new website with 101 983 page views in 2018 (compared to 43 748 in 2017); welcomes the open online course (MOOC) in January 2018 under the headline “make the most of EU resources for your region or city” with almost 15 000 participants (compared to 8 500 in 2015 and 5 500 in 2016); further encourages the use of free open-sources self-hosted social network platforms, having special regards to users' data protection;
Amendment 8 #
2019/2061(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Welcomes the Committee's achievement in increasing its publication of studies, amounting 27 and surpassing the target of 15; notes that all studies have been published on the Committee’s website and are, therefore, accessible to the public;
Amendment 15 #
2019/2061(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes all the measures implemented so far to ensure adequate (cyber-)security standards; notes that, following the installation of the new equipment for access control and the IT Security actions, the related security standards have reached the same level as the standards of Parliament and the Commission;
Amendment 16 #
2019/2061(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Recognises the added value that free and open source software can bring to the Committee; underlines in particular its role in increasing transparency and avoiding vendor lock-in effects; recognises also its potential for security improvements as it permits the identification and fixing of weaknesses; recommends strongly any software developed for the Committee to be made publicly available under free and open-source software licence;
Amendment 22 #
2019/2061(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes an establishment plan of 538 staff members in 2018 (compared to 533 in 2017); welcomes the lower vacancy rate of posts in 2018 (less than 2 %) than in 2017 (approximately 2,5 %); welcomes that a workload assessment exercise was initiated in 2018 to have an overview of the efficient use of human resources in the Committee and to identify possible gaps; notes that the final report will beas delivered in spring 2019; requests a detailed follow-up of the situation in its next annual activity report;
Amendment 23 #
2019/2061(DEC)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Welcomes that the absenteeism rate has decreased over the years (from 4,86 % in 2015 to 4,6 % in 2016 to 4,5 % in 2017 and 4,29 % in 2018); notes, however, that 23 staff members were on sick leave for more than 90 days in 2018, including three cases which respectively lasted 352, 296.5, and 280.5 days and corresponded to serious illnesses; acknowledges the Committee’s comprehensive policy on absence management, including follow-up of absences and the implementation of a structured return-to-work policy;
Amendment 29 #
2019/2061(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Recalls that on 23 August 2018 a former internal auditor lodged a complaint with the appointing authority against the Committee on the basis of Article 90(2) of the Staff Regulation, following the Committee's decision of 24 May 2018 to refuse to recognise him as a bona fide whistleblower; deeply regrets the Committee’s decision that is in contradiction with Parliament's position that the internal auditor is a bona fide whistleblower, confirmed in Parliament’s resolution of 13 January 2004; encourages the Committee to fully recognise the internal auditor's status and to publicly apologise for the mishandling of his case;
Amendment 30 #
2019/2061(DEC)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Notes that on 20 December 2019, the Committee made a proposal to the formal internal auditor for an out of court settlement subject to a non-disclosure agreement, which was rejected by the former internal auditor based on the lack of transparency; encourages the Committee to revise its proposal in order to formally recognise the formal internal auditor as a bona fide whistleblower and to allow any conciliation agreement to be public in the interest of transparency;
Amendment 31 #
2019/2061(DEC)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37 c. Regrets that the launch of a mediation process between the Committee and the former internal auditor, requested in Resolution (EU) 2019/14291a, has not taken place yet and is only planned for the beginning of 2020; further regrets that it took over twenty years for the Committee to enter into a mediation process with the former internal auditor; reiterates its strong support, as expressed in numerous Parliament's resolutions, for the just and fair settlement with the former internal auditor and Committee's public apology for its wrongdoings in handling of this case; _________________ 1aResolution (EU) 2019/1429 of the European Parliament of 26 March 2019 with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section VII — Committee of the Regions (OJ L 249, 27.9.2019, p. 123).
Amendment 1 #
2019/2057(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2018 / Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2018;
Amendment 15 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Observes that the President of the European Council must abide by an 18 months notification period for post-office activities related to Union legislation and does not require prior approval; asks for the Code of Conduct for the President of the European Council to be brought in line with that of the Commission and the Parliament, in order to insure formal approval for activities related to Union legislation until three years after having left the Council;
Amendment 17 #
2019/2057(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that related to the proposal for a new Interinstitutional Agreement on a mandatory Transparency Register, accessible in a machine-readable format, for interest representatives covering the Parliament, the Council and the Commission two negotiating rounds took place in 2018 under the Bulgarian Presidency and one in 2019 under the Romanian Presidency; recalls the Ombudsman’s decision of 18 June 2019 that the General Secretariat of the Council should keep a full record of any meetings held between interest representatives and the President of the European Council or members of his cabinet and that this should be made public; calls on the Council to follow-up negotiations to reach a successful outcome which will finally include the Council in the registry;
Amendment 19 #
2019/2057(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recognises the added value that free and open source software can bring to the Council; underlines in particular its role in increasing transparency and avoiding vendor lock-in effects; recognises also its potential for security improvements as it permits the identification and fixing of weaknesses; strongly recommends any software developed for the Council to be made publicly available under free and open-source software licence;
Amendment 20 #
2019/2057(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes the intense media coverage and the particularly high level of media interest in the Brexit negotiations; welcomes the continuous development of the Council’s website and the intense work to increase its audience on all channels (increases of 9 % visits on the website, 13 % fans on Facebook, 26 % followers on Twitter and 92 % followers on Instagram); notes the high amount of background briefings and press conferences; notes the newsroom platform which allows the press and media to view, download and embed the Council’s video and photo output in high-resolution quality; encourages further the use of non-proprietary social- network platforms, having special regards to users data protection;
Amendment 21 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recalls the conclusions of the Ombudsman’ Special Report in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process, in February 2018, which found that 'the Council’s current practices constitute maladministration'; recalls the joint non- paper by Belgium, Denmark, Estonia, Ireland, Latvia, Luxembourg, Slovenia, Sweden and the Netherlands, from October 2019, on increasing the transparency and accountability of the EU, which specifically asks the Council to 'increase openness in trilogue negotiations by systematic publication of legislative milestone documents'; asks the Council to seriously considers these recommendations in the interest of transparency and report back to Parliament;
Amendment 24 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Council to strengthen its efforts to make the legislative process more traceable and reader friendly, to centre transparency around milestones in the legislative process and to normalise the publication of Member States inputs in a machine-readable format (statements, proposals for amendments) into legislative debates; acknowledges the Council’s efforts to improve transparency with ongoing changes to its website and the activities of its internal transparency team; encouragescalls on the Ccouncil to introduce further measures in order to reach a successful transparency policy allowing the public to follow the Union legislative process with greater ease;
Amendment 29 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Is deeply concerned by the current practice of Council presidencies sponsorships from private companies; recalls the Ombudsman's recommendation to issue guidance on the sponsorship of Council Presidencies, on 6 January 2020, so as to mitigate the reputational risks to the Union; notes that the Council argues that the issue of sponsorship is the sole responsibility of the government of the Member State holding the Presidency; is of the same opinion as the Ombudsman that the public does not distinguish between the Council Presidency and the Member State holding Presidency; asks the Council to take these recommendations into serious consideration and report back to Parliament;
Amendment 30 #
2019/2057(DEC)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Is deeply concerned by the conflict of interests allegations against a number of Member State representatives involved in the high-level policy and budget decision-making process; asks the Council to ensure that Member State representatives who are subject to benefit directly from Union subsidies through the businesses they own are not participating in the related policy or budgetary discussions and votes; further asks the Council to join Parliament in its call to the Commission to propose new audit procedures to speed up the investigation of urgent and grave cases of conflict of interests and ensure that Parliament be properly informed of the audit conclusions;
Amendment 38 #
2019/2057(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that during the course of almost twenty years Parliament has developed the practice of granting discharge to all Union institutions and bodies; notes that all Union institutions and bodies accept to participate in Parliament’s discharge procedure, with the only exception being the Council; regrets that the Council refused to answer the questions submitted by the Parliament's Budgetary Control Committee on 12 November 2019;