211 Amendments of Jozef MIHÁL
Amendment 66 #
2024/0006(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should not only cover cases where measures considered by management can reasonably be expected to directly affect employees in more than one Member State, but also cases where such measures can reasonably be expected to affect workers in only one Member State, but the consequences of those measures can reasonably be expected todo also have direct, immediate and substantial consequences affecting workers in at least one other Member State. This is necessary to cover cases where undertakings envisage measures, such as lay-offs and redundancies, which do explicitly target establishments in only one Member State but nevertheless can reasonably be expected to have consequences affecting employees in another Member State, for instance due to changes in the cross-border supply chain or production activities, where such measures could lead to substantial changes in work organisation or in contractual relations. The broadening of the definition should however not lead to more legal uncertainty or any duplication between the information and consultation process of the European Work Council and the one that might be happening at the local or national one. Such duplication might indeed create unnecessary work and possible conflicts, thus weakening one of the two outcomes of the information and consultation process. To determine the transnational character of a matter, it is therefore essential to ensure that there is a direct causal link between the measure undertaken in one Member State and the consequences on workers in another one.
Amendment 66 #
2024/0006(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should not only cover cases where measures considered by management can reasonably be expected to directly affect employees in more than one Member State, but also cases where such measures can reasonably be expected to affect workers in only one Member State, but the consequences of those measures can reasonably be expected todo also have direct, immediate and substantial consequences affecting workers in at least one other Member State. This is necessary to cover cases where undertakings envisage measures, such as lay-offs and redundancies, which do explicitly target establishments in only one Member State but nevertheless can reasonably be expected to have consequences affecting employees in another Member State, for instance due to changes in the cross-border supply chain or production activities, where such measures could lead to substantial changes in work organisation or in contractual relations. The broadening of the definition should however not lead to more legal uncertainty or any duplication between the information and consultation process of the European Work Council and the one that might be happening at the local or national one. Such duplication might indeed create unnecessary work and possible conflicts, thus weakening one of the two outcomes of the information and consultation process. To determine the transnational character of a matter, it is therefore essential to ensure that there is a direct causal link between the measure undertaken in one Member State and the consequences on workers in another one.
Amendment 68 #
2024/0006(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to the coverage of the associated legal fees. With a view to ensuring such coverage, it should be clarified that central management is to bear reasonable costs incurred by members of special negotiation bodies, which the latter should be required to notify in advance. It is appropriate to limit that obligation to reasonable legal costs to ensure that management is not liable for manifestly disproportionate costs, costs without justifiable link to the provision of relevant legal advice or representation, or costs created by manifestly unfounded, frivolous, or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating body and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating boardy’s functions must be borne by the central management. Member States are encouraged to lay down such rules and set certain price ranges for each relevant expense category to prevent situations where undertakings will be notified with disproportionate costs. The same logic should also apply to subsidiary requirements and agreements of European Works Councils, thus reducing the risk of disputes on this matter. Therefore, the provisions referring to the number of experts to be funded by central management are redundant and should be deleted.
Amendment 68 #
2024/0006(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to the coverage of the associated legal fees. With a view to ensuring such coverage, it should be clarified that central management is to bear reasonable costs incurred by members of special negotiation bodies, which the latter should be required to notify in advance. It is appropriate to limit that obligation to reasonable legal costs to ensure that management is not liable for manifestly disproportionate costs, costs without justifiable link to the provision of relevant legal advice or representation, or costs created by manifestly unfounded, frivolous, or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating body and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating boardy’s functions must be borne by the central management. Member States are encouraged to lay down such rules and set certain price ranges for each relevant expense category to prevent situations where undertakings will be notified with disproportionate costs. The same logic should also apply to subsidiary requirements and agreements of European Works Councils, thus reducing the risk of disputes on this matter. Therefore, the provisions referring to the number of experts to be funded by central management are redundant and should be deleted.
Amendment 76 #
2024/0006(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the special negotiating body, the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union6, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account other criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phase. _______________________ 6 Judgment of the Court of Justice of 28 March 2000, Badeck and Others, C- 158/97, ECLI:EU:C:2000:163.
Amendment 76 #
2024/0006(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the special negotiating body, the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union6, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account other criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phase. _______________________ 6 Judgment of the Court of Justice of 28 March 2000, Badeck and Others, C- 158/97, ECLI:EU:C:2000:163.
Amendment 81 #
2024/0006(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation toMember States should develop mechanisms to encourage mediation and they shall provide for alternative dispute mechanisms, thus avoiding an unnecessary increase of court cases. At the same time, Member States should ensure effective remedies and access to justice and the supervision byit is necessary for the Commission ofto supervise their compliance with that obligation. For that purpose, Member States should be required to notify the Commission ofabout which alternative dispute mechanisms have been put in place and how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, nor prejudice rightsholders’ right to bring legal proceedings.
Amendment 81 #
2024/0006(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation toMember States should develop mechanisms to encourage mediation and they shall provide for alternative dispute mechanisms, thus avoiding an unnecessary increase of court cases. At the same time, Member States should ensure effective remedies and access to justice and the supervision byit is necessary for the Commission ofto supervise their compliance with that obligation. For that purpose, Member States should be required to notify the Commission ofabout which alternative dispute mechanisms have been put in place and how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, nor prejudice rightsholders’ right to bring legal proceedings.
Amendment 86 #
2024/0006(COD)
Proposal for a directive
Recital 21
Recital 21
(21) European Works Councils operating based on the subsidiary requirements set out in Annex 1 to Directive 2009/38/EC have the right to meet with central management once a year, to be informed and consulted on the progress of the business of the relevant Community-scale undertaking or Community-scale group of undertakings and its prospects. In order to strengthen the transnational information and consultation of those European Works Councils, it is appropriate to increase the number of such annual plenary meetings in the subsidiary requirements to two. To allow for meaningful information and consultation at lower environmental and financial costs, at least one of these plenary meetings shall be held virtually, unless agreed otherwise.
Amendment 86 #
2024/0006(COD)
Proposal for a directive
Recital 21
Recital 21
(21) European Works Councils operating based on the subsidiary requirements set out in Annex 1 to Directive 2009/38/EC have the right to meet with central management once a year, to be informed and consulted on the progress of the business of the relevant Community-scale undertaking or Community-scale group of undertakings and its prospects. In order to strengthen the transnational information and consultation of those European Works Councils, it is appropriate to increase the number of such annual plenary meetings in the subsidiary requirements to two. To allow for meaningful information and consultation at lower environmental and financial costs, at least one of these plenary meetings shall be held virtually, unless agreed otherwise.
Amendment 100 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Those conditions shall be deemed to be met where the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected:
Amendment 100 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Those conditions shall be deemed to be met where the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected:
Amendment 107 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
(a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected too directly affect workers in undertakings or establishments in more than one Member State;
Amendment 107 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
(a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected too directly affect workers in undertakings or establishments in more than one Member State;
Amendment 116 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected too directly affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in at least another Member State can reasonably be expected to be affected by thare substantially affected by the direct and immediate consequences of those measures.”;
Amendment 116 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected too directly affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in at least another Member State can reasonably be expected to be affected by thare substantially affected by the direct and immediate consequences of those measures.”;
Amendment 137 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘reasonable costs‘ concern expenses that are directly related to the proper functioning and operating of the special negotiating body or the European Works Council, the training of their members or those, which have a justifiable link to the provision of relevant advice or representation to fulfil their mission. When a European Works Council agreement is reached, it shall include a price range for each relevant category of expenses.
Amendment 137 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘reasonable costs‘ concern expenses that are directly related to the proper functioning and operating of the special negotiating body or the European Works Council, the training of their members or those, which have a justifiable link to the provision of relevant advice or representation to fulfil their mission. When a European Works Council agreement is reached, it shall include a price range for each relevant category of expenses.
Amendment 152 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2009/38/EC
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
“(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together. The special negotiating bodies shall strive to represent the diversity of the workforce and a gender-balanced representation, whereby women and men each comprise at least 40% of special negotiating body members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 152 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2009/38/EC
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
“(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together. The special negotiating bodies shall strive to represent the diversity of the workforce and a gender-balanced representation, whereby women and men each comprise at least 40% of special negotiating body members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 184 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
“(f) the reasonable financial and material resources to be allocated to the European Works Council, including at least with respect to the following aspects:
Amendment 184 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
“(f) the reasonable financial and material resources to be allocated to the European Works Council, including at least with respect to the following aspects:
Amendment 205 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The requirement to determine the elements listed in the first subparagraph, as amended by [OP: insert reference to this amending Directive*], shall apply also with respect to European Works Council agreements concluded before [OP: insert date laid down in the second subparagraph of Article 2 of this amending Directive.]. , without necessarily affecting the other provisions of the already existing agreement if both parties decide so. _______________________ * [OP: insert OJ reference to this amending Directive.]”;
Amendment 205 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The requirement to determine the elements listed in the first subparagraph, as amended by [OP: insert reference to this amending Directive*], shall apply also with respect to European Works Council agreements concluded before [OP: insert date laid down in the second subparagraph of Article 2 of this amending Directive.]. , without necessarily affecting the other provisions of the already existing agreement if both parties decide so. _______________________ * [OP: insert OJ reference to this amending Directive.]”;
Amendment 208 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representativesrepresenting the diversity of the workforce, and for attaining, as far as possible, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members, without prejudice to national laws on electing workers representatives. If this objective is not reached, the reasons should be explained in written.”;
Amendment 208 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representativesrepresenting the diversity of the workforce, and for attaining, as far as possible, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members, without prejudice to national laws on electing workers representatives. If this objective is not reached, the reasons should be explained in written.”;
Amendment 246 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information. Based on the objective criteria mentioned in paragraph 1, and defined in national legislation, the Community-scale undertaking or Community-scale group of undertakings may be allowed to not provide any justification.”;
Amendment 246 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information. Based on the objective criteria mentioned in paragraph 1, and defined in national legislation, the Community-scale undertaking or Community-scale group of undertakings may be allowed to not provide any justification.”;
Amendment 254 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence. In general, the use of digital means of communication and coordination shall be encouraged during the exercise of the information and consultation procedure.
Amendment 254 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence. In general, the use of digital means of communication and coordination shall be encouraged during the exercise of the information and consultation procedure.
Amendment 299 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, including the number of affected workers, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 299 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, including the number of affected workers, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 305 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
“4. Member States are encouraged to develop out-of-court mediation procedures enabling both parties to find acceptable solutions. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 305 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
“4. Member States are encouraged to develop out-of-court mediation procedures enabling both parties to find acceptable solutions. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 307 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/38/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The arrangements for the links between the information and consultation of the European Works Council and national employee representation bodies shall be established by the agreement referred to in Article 6 so as to avoid duplication and ensure a good coordination between information and consultation processes within the European Works Council and those established at national level. That agreement shall be without prejudice to the provisions of national law and/or practice on the information and consultation of employees.
Amendment 307 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/38/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The arrangements for the links between the information and consultation of the European Works Council and national employee representation bodies shall be established by the agreement referred to in Article 6 so as to avoid duplication and ensure a good coordination between information and consultation processes within the European Works Council and those established at national level. That agreement shall be without prejudice to the provisions of national law and/or practice on the information and consultation of employees.
Amendment 308 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/38/EC
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 308 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/38/EC
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 318 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1
Article 14 a – paragraph 1
1. Where, following the transposition of [OP: insert reference to this amending Directive], a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative.
Amendment 318 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1
Article 14 a – paragraph 1
1. Where, following the transposition of [OP: insert reference to this amending Directive], a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative.
Amendment 321 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 2
Article 14 a – paragraph 2
2. Where the European Works Council agreement or agreement on an information and consultation procedure contains procedural arrangements for its adaptation or renegotiation, the adaptation may be negotiated pursuant to those arrangements. Otherwise, the adaptation shall follow the procedure set out in Article 5 in conjunction with Article 13, second and third paragraphs.
Amendment 321 #
2024/0006(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 2
Article 14 a – paragraph 2
2. Where the European Works Council agreement or agreement on an information and consultation procedure contains procedural arrangements for its adaptation or renegotiation, the adaptation may be negotiated pursuant to those arrangements. Otherwise, the adaptation shall follow the procedure set out in Article 5 in conjunction with Article 13, second and third paragraphs.
Amendment 339 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Directive 2009/38/EC
Annex 1 – point 1– point d d
Annex 1 – point 1– point d d
“(dd) as far as possible, the European Works Council members and those of select committee shall represent the diversity of the workforce and women and men shall each comprise at least 40% of European Works Council members and of select committee members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 339 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Directive 2009/38/EC
Annex 1 – point 1– point d d
Annex 1 – point 1– point d d
“(dd) as far as possible, the European Works Council members and those of select committee shall represent the diversity of the workforce and women and men shall each comprise at least 40% of European Works Council members and of select committee members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 340 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2009/38/EC
Annex 1 – point 2
Annex 1 – point 2
“2. The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. To avoid the increase of the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs, one of these meetings shall be held in the virtual setting.”
Amendment 340 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2009/38/EC
Annex 1 – point 2
Annex 1 – point 2
“2. The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. To avoid the increase of the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs, one of these meetings shall be held in the virtual setting.”
Amendment 344 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2009/38/EC
Annex 1 – point 4 a (new)
Annex 1 – point 4 a (new)
4a. Information and consultation procedures within the European Works Council shall be carried out without prejudice to those taking place at the national level. When a procedure is already taking place at the national level, European Works Council shall ensure that the two procedures can complement each other with respect to the content and the timing of the procedures.
Amendment 344 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2009/38/EC
Annex 1 – point 4 a (new)
Annex 1 – point 4 a (new)
4a. Information and consultation procedures within the European Works Council shall be carried out without prejudice to those taking place at the national level. When a procedure is already taking place at the national level, European Works Council shall ensure that the two procedures can complement each other with respect to the content and the timing of the procedures.
Amendment 349 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 5 – point a
Annex I – paragraph 1 – point 5 – point a
Directive 2009/38/EC
Annex 1 – point 6 – subparagraph 3 a (new)
Annex 1 – point 6 – subparagraph 3 a (new)
(a) the following subparagraph is inserted between the third and fourth subparagraphs: “The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings, which shall, when applicable, fall within the price ranges provided for in national legislation. Operating expenses shall be notified to central management before they are incurred.”;
Amendment 349 #
2024/0006(COD)
Proposal for a directive
Annex I – paragraph 1 – point 5 – point a
Annex I – paragraph 1 – point 5 – point a
Directive 2009/38/EC
Annex 1 – point 6 – subparagraph 3 a (new)
Annex 1 – point 6 – subparagraph 3 a (new)
(a) the following subparagraph is inserted between the third and fourth subparagraphs: “The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings, which shall, when applicable, fall within the price ranges provided for in national legislation. Operating expenses shall be notified to central management before they are incurred.”;
Amendment 7 #
2023/2182(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that, following a formal decision by the Management Board of Eurofound, the Executive Directors of ETF, the European Union Agency for Fundamental Rights (FRA) and the European Institute for Gender Equality (EIGE) participated in person or were represented at the Management Board meeting for the first time, joining colleagues from EU-OSHA and Cedefop, who already joined the meetings in the past; notes that such participation is in line with the reinforced cooperation foreseen in the Commission’s 2019 staff working document on the evaluation of the EU agencies working in the employment and social affairs policy field; appreciates and encourages the close collaboration among the agencies under the remit of the Committee on Employment and Social Affairs in order to ensure synergies, complementarity and sharing resources;
Amendment 13 #
2023/2182(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the deepened cooperation between the agencies within the framework of the European Union Agencies Network (EUAN) which is an important inter-agency cooperation platform to enhance agencies’ visibility, identify and promote possible efficiency gains, add value and ensure efficient communication between the agencies and relevant stakeholders with a focus on sharing services, knowledge and expertise; appreciates and encourages the close collaboration among the agencies under the remit of the Committee on Employment and Social Affairs in order to ensure synergies, complementarity and sharing resources;
Amendment 1 #
2023/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Highly values the Foundation’s mission to provide knowledge to support the development of better informed social, employment and work-related policies in Europe, and appreciates work done by the Foundation in this field; believes that the Foundation can play a crucial role in further analysing the increase in telework and related impacts on work–life balance and quality of working conditions, dissemination of best practices and assessing possible policy responses; welcomes the Foundation’s work programme to analyse policy options to improve working conditions, industrial relations, employment and living;
Amendment 1 #
2023/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Highly values the Foundation’s mission to provide knowledge to support the development of better informed social, employment and work-related policies in Europe, and appreciates work done by the Foundation in this field; believes that the Foundation can play a crucial role in further analysing the increase in telework and related impacts on work–life balance and quality of working conditions, dissemination of best practices and assessing possible policy responses; welcomes the Foundation’s work programme to analyse policy options to improve working conditions, industrial relations, employment and living;
Amendment 9 #
2023/2167(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Takes note that some weaknesses related to Foundation’s traineeship programme in 2022 were found related to updating trainees’ remuneration and; welcomes however the fact that the Foundation made the necessary corrections; also takes note ofappreciates the fact that in order to avoid such issues in the future, the Foundation updated its rules for 2023 accordingly;
Amendment 9 #
2023/2167(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Takes note that some weaknesses related to Foundation’s traineeship programme in 2022 were found related to updating trainees’ remuneration and; welcomes however the fact that the Foundation made the necessary corrections; also takes note ofappreciates the fact that in order to avoid such issues in the future, the Foundation updated its rules for 2023 accordingly;
Amendment 2 #
2023/2166(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the fact that due to high inflation rates, the year 2022 was characterised by a significant increase in the staff salary cost and various other services such as rent and facility management expenditure, gas and electricity supply, and other administrative support;
Amendment 2 #
2023/2166(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the fact that due to high inflation rates, the year 2022 was characterised by a significant increase in the staff salary cost and various other services such as rent and facility management expenditure, gas and electricity supply, and other administrative support;
Amendment 3 #
2023/2166(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Agency’s activities to develop, gather and provide reliable and relevant information, analysis and tools on national and EU priorities in the field of occupational safety and health, which contribute to the Union policy aiming to promote healthy and safe work places across the Union; notes in particular the role the Agency can play in supporting national and EU organisations involved in making and implementing policies in the field; believes the Agency can provide useful information on the impact of telework and digitalisation of work in a post-Covid-19 Europe for both employers and workers;
Amendment 3 #
2023/2166(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Agency’s activities to develop, gather and provide reliable and relevant information, analysis and tools on national and EU priorities in the field of occupational safety and health, which contribute to the Union policy aiming to promote healthy and safe work places across the Union; notes in particular the role the Agency can play in supporting national and EU organisations involved in making and implementing policies in the field; believes the Agency can provide useful information on the impact of telework and digitalisation of work in a post-Covid-19 Europe for both employers and workers;
Amendment 5 #
2023/2166(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Appreciates the Agency’s continued significant contribution, through several actions carried out alone or in collaboration with others, to safer and healthier workplaces in Europe further to the global health crisis triggered by the COVID-19 pandemic; congratulates the Agency on the good results achieved; Welcomes in this regard the Agency’s research paying particular attention to the impact of the pandemic on psychosocial risks and mental health;
Amendment 5 #
2023/2166(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Appreciates the Agency’s continued significant contribution, through several actions carried out alone or in collaboration with others, to safer and healthier workplaces in Europe further to the global health crisis triggered by the COVID-19 pandemic; congratulates the Agency on the good results achieved; Welcomes in this regard the Agency’s research paying particular attention to the impact of the pandemic on psychosocial risks and mental health;
Amendment 9 #
2023/2166(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes however the fact that the Agency has completed actions taken to the Court’s prior observations on public procurement procedure, which are related to the implementation of the budget for the financial year 2021;
Amendment 9 #
2023/2166(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes however the fact that the Agency has completed actions taken to the Court’s prior observations on public procurement procedure, which are related to the implementation of the budget for the financial year 2021;
Amendment 7 #
2023/2164(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes from the Agency’s follow-up to Parliament’s horizontal observations made in connection with the 2021 discharge procedure, as well as from the Agency’s follow-up report, that in recent years (as from 2019) the Agency has been using the services of an external law firm (specialised in Union civil service law) when dealing with cases of alleged harassment (i.e. requests for assistance under article 24 of the USR); observes in this context that the Agency’s Legal Services Unit performs an assessment to determine whether there is a need to request support or advice from an external law firm and that unit manages the relevant procedure and collaborates with the Agency’s Human Resources Unit in all those cases; recalls however, from Parliament’s discharge resolution for 2017 refusing to grant the Agency’s former executive director discharge for that year’s budget implementation, the Agency’s commitment to end outsourcing legal counselling by the establishment of an internal legal service; calls on the Agency to inform the discharge authority as to why that commitment has not been kept;
Amendment 9 #
2023/2164(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the Court’s finding that in 2020 the Agency had 16 vacant management posts, with 10 of those occupied on an acting basis for more than one year, as well as other issues such as acting managers occupying two posts, in the Agency’s establishment plan; notes with appreciation from the Agency’s follow-up report the subsequent mitigating actions it took in order to comply with Article 7(2) of the USR, first by reducing the number of temporary occupations of management posts exceeding one year to two at the end of 2022, and, as of 2023, discontinuing them altogether, whereas no staff members are on temporary management positions for longer than a year anymore; welcomes the Agency’s commitment to prioritise recruitment of managerial posts; commends the Agency for the progress made in 2022 and 2023 with regard to recruitment procedures for various middle and senior management positions, including that of the Deputy Executive Director, whereas, according to the Agency’s follow-up report, two selection procedures are completed, while nine selection procedures are ongoing or not finalised; calls on the Agency to keep the discharge authority informed of the outcome of all those procedures; observes lastly from the Agency’s website that as at 15 January 2024, the head of the Agency’s Administration Centre is on an ad interim position, while the head of the Agency’s Institutional and Horizontal Affairs Centre on an acting position; notes that the selection procedure for the Head of the Administration Centre is ongoing and is expected to be finalized in Q1 2024; further notes that the selection procedure for the Head of the Institutional and Horizontal Affairs Centre is ongoing and is expected to be finalized in Q1 2024; calls on the Agency to keep the discharge authority informed of the outcome of all those procedures;
Amendment 2 #
2023/2163(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Appreciates the Foundation’s activities in helping transition and develophe Union’s neighbouring countries harness the potential of their human capital and improve the employment prospects of their citizens through the reform of education, vocational training, skills and labour market systems, in the context of the Union’s external relations policies;
Amendment 3 #
2023/2163(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes in particular the Foundation’s new concept of entrepreneurial centres of vocational excellence (CoVEs) that have been developed to contribute to the international debate in the entrepreneurial learning community, and to inspire training centres to better respond to the changing needs of citizens, economies and societies;
Amendment 7 #
2023/2163(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern that the Court reported weaknesses in some public procurement procedures in particular on the legality and regularity of transactions; calls on the Foundation to further improve its public procurement procedures, ensuring full compliance with the applicable rules, to ensure they achieve the best possible value for money, notably by simplifying its methodology and together with relevant Commission services discuss possible alternative methods to implement activities in the Foundation’s partner countries;
Amendment 1 #
2023/2160(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. stresses the importance of continuing support all initiatives for a better common understanding of Technical Specifications for Interoperability (TSIs) contributing to the development of a strong and competitive European rail industry ;
Amendment 1 #
2023/2160(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. stresses the importance of continuing support all initiatives for a better common understanding of Technical Specifications for Interoperability (TSIs) contributing to the development of a strong and competitive European rail industry ;
Amendment 2 #
2023/2160(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Insists for more support for innovation in rail freight and intermodal transport services to achieve competitive integration into the logistic value chain, with automation and digitalisation of freight rail
Amendment 2 #
2023/2160(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Insists for more support for innovation in rail freight and intermodal transport services to achieve competitive integration into the logistic value chain, with automation and digitalisation of freight rail
Amendment 1 #
2023/2157(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes from the Court’s report that the Centre, although it paid interest for only one late payment, had a significant number of payments wrongly flagged as late (107 out of 1 595) by the Centre’s financial and accounting management (ABAC) because of the incorrect parametrisations and/or incorrect data inputs regarding the due date of payment or the reception of the documents entailing a payment obligation; notes from the Centre’s reply that the inconsistent flagging of late payments did not affect the regularity of the operations involved; notes further that the Centre has adopted some measures to minimize the referred risk for ‘false positive’ and to further ensure that its ABAC system may provide for a clear and accurate picture of the actual late payments; calls on the Agency to continue to monitor this issue and mitigate possible future reputational risks associated to this issue;
Amendment 2 #
2023/2157(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes with appreciation that in 2022 the Centre released a new rapid mixed-method trendspotter study to assess the initial service response to the needs of displaced Ukrainians in neighbouring countries within the Union; commends the Centre for collaborating with Europol for preparing the fourth edition of the joint EU Drug Markets: In-depth analysis, the findings of which are presented in a series of modules, each focusing on the market for a particular drug and covering trends along the supply chain from production and trafficking to distribution and use; commends in this context the launch in 2022 of the first two modules on cocaine and methamphetamine;
Amendment 2 #
2023/2155(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the year 2022 was the first year after the Authority gained financial autonomy (in May 2021) and that the Authority is still in a growing stage reaching full resources only in 2024; notes that the budget of the Authority for the financial year 2022 was EUR 54 million (EUR 31 million in 2021)1 ; expresses its satisfaction that the Authority’s budget for 2022 was executed by 97% (95,8% in 2021); nevertheless, notes with concern the high rates of carry-overs of available 2022 commitment appropriations to 2023; which contradicts the budgetary principle of annuality and might indicate structural issues in the budget process and implementation cycle. _________________ 1 These budget figures were taken from the ECA’s Annual report on EU agencies for the financial year 2022 and are based on the total payment appropriations available during the financial year.
Amendment 2 #
2023/2155(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the year 2022 was the first year after the Authority gained financial autonomy (in May 2021) and that the Authority is still in a growing stage reaching full resources only in 2024; notes that the budget of the Authority for the financial year 2022 was EUR 54 million (EUR 31 million in 2021)1 ; expresses its satisfaction that the Authority’s budget for 2022 was executed by 97% (95,8% in 2021); nevertheless, notes with concern the high rates of carry-overs of available 2022 commitment appropriations to 2023; which contradicts the budgetary principle of annuality and might indicate structural issues in the budget process and implementation cycle. _________________ 1 These budget figures were taken from the ECA’s Annual report on EU agencies for the financial year 2022 and are based on the total payment appropriations available during the financial year.
Amendment 3 #
2023/2155(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Authority’s work to assist Member States and the Commission in ensuring a fair and effective enforcement of Union rules on labour mobility and social security, and in facilitating effective labour mobility in Europe through European Employment Services (EURES) activities, and in effectively, making it easier for citizens and businesses to reap the benefits of the internal market; In this regard, welcomes the work of the Authority’s four working groups on Information, Inspections, Mediation and European Platform tackling undeclared work;
Amendment 3 #
2023/2155(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Appreciates the Authority’s work to assist Member States and the Commission in ensuring a fair and effective enforcement of Union rules on labour mobility and social security, and in facilitating effective labour mobility in Europe through European Employment Services (EURES) activities, and in effectively, making it easier for citizens and businesses to reap the benefits of the internal market; In this regard, welcomes the work of the Authority’s four working groups on Information, Inspections, Mediation and European Platform tackling undeclared work;
Amendment 6 #
2023/2155(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that at the end of 2022, the proportion of temporary workers (seconded national experts (SNEs) and interims) at the Authority was 58 %, the highest proportion compared to all EU decentralised agencies; calls for the conversion of some of the SNEs posts into temporary agents posts (TAs) to ensure the need for appropriate staffing for the Authority to be able to continue fulfilling its mission; notes that high reliance on temporary workers leads to a regular high staff turnover, entailing the risk of losing expertise (specialised knowledge, contact networks built with stakeholders), which could negatively affect ELA’s operational capabilities; notes that a high staff turnover may also impact business continuity; and could negatively affect ELA's overall performance.
Amendment 6 #
2023/2155(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that at the end of 2022, the proportion of temporary workers (seconded national experts (SNEs) and interims) at the Authority was 58 %, the highest proportion compared to all EU decentralised agencies; calls for the conversion of some of the SNEs posts into temporary agents posts (TAs) to ensure the need for appropriate staffing for the Authority to be able to continue fulfilling its mission; notes that high reliance on temporary workers leads to a regular high staff turnover, entailing the risk of losing expertise (specialised knowledge, contact networks built with stakeholders), which could negatively affect ELA’s operational capabilities; notes that a high staff turnover may also impact business continuity; and could negatively affect ELA's overall performance.
Amendment 10 #
2023/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern that the Court reported weaknesses in public procurement procedures, particularly regarding the legality and regularity of transactions; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules, to ensure they achieve the best possible value for money;
Amendment 10 #
2023/2155(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with concern that the Court reported weaknesses in public procurement procedures, particularly regarding the legality and regularity of transactions; calls on the Authority to further improve its public procurement procedures, ensuring full compliance with the applicable rules, to ensure they achieve the best possible value for money;
Amendment 13 #
2023/2155(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that the Court found systematic weaknesses in the Authority’s management and control systems and calls on the Authority to address these weaknesses; welcomes ELA’s acknowledgement of the Court's observations and its commitment to address these deficiencies in a timely manner;
Amendment 13 #
2023/2155(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Regrets that the Court found systematic weaknesses in the Authority’s management and control systems and calls on the Authority to address these weaknesses; welcomes ELA’s acknowledgement of the Court's observations and its commitment to address these deficiencies in a timely manner;
Amendment 17 #
2023/2155(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Authority to develop an active cooperation with other agencies and to report regularly to the European Parliament on its progress made.
Amendment 17 #
2023/2155(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Encourages the Authority to develop an active cooperation with other agencies and to report regularly to the European Parliament on its progress made.
Amendment 9 #
2023/2152(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the Institute’s commitment to digitalise its procurement procedures through the onboarding of the Public Procurement Management Tool, expected to be completed in Q4 of 2023; notes from the Institute’s replies that it has updated its cybersecurity policy in 2022 to enhance security measures; recalls the importance to update regularly arrangements for cybersecurity audits, tests and IT risk assessments;
Amendment 10 #
2023/2152(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Insists on the importance of its report on feminicide published in 2022 (Feminicide indicators: pilot study of data availability and feasibility assessment) and encourages the Institute to continue its campaign to raise the visibility of feminicide in national policies and highlight the potential benefits of recognising as a separate criminal offence;
Amendment 1 #
2023/2146(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Underlines that EBA is an active member of the EU Agencies Network, and synergies are constantly being developed with the other European Supervisory Authorities, such as shared of recruitment reserve lists between EBA-ESMA-EIOPA;
Amendment 2 #
2023/2146(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RecallAppreciates that in 2022, the Board of Supervisors adopted an amendment to its Rules of Procedure, as well as those of the Management Board and the mandates of the Standing Committees on Resolution and on anti-money laundering and countering terrorist financing, obliging members who have declared a conflict of interest to be absent from both the vote and the discussion itself, without exception;
Amendment 3 #
2023/2146(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights that the guidelines on whistleblowing, encompassing anti- corruption guidelines, have been incorporated into the course material of the EBA's training programs focusing on ethics and integrity;
Amendment 1 #
2023/2144(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Agency reacted rapidlyCommends the Agency for its rapid response to the unjustified war in Ukraine, and for delivereding a tailor made open source intelligence (OSINT) course for the Ukrainian General Prosecutors Office, in cooperation with the Council of Europe;
Amendment 3 #
2023/2144(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes with concern from the Court’s report that, since the 2020 financial year, the Court has raised for the Agency new procurement- related observations every year; highlights from the Court’s report the observation representing the basis for the Court’s qualified opinion on the legality and regularity of 359 payments of a total value of EUR 4,1 million made in 2022 under two framework contracts implemented directly through order forms (service requests) that were sent by Agency’s staff members who did not have the delegated authority to enter into legal commitments on behalf of the Agency, or by interim employees who could not legally have such delegated authority because of their interim status; takes note of the Agency's reply to the Court’s observation that, even if there was a weakness in the formalisation of the legal commitment, the services were ordered in line with the Agency’s needs and controls were applied in full to ensure that the funds were used for the intended purpose and no actual loss was incurred; notes from the Agency’s replies to Parliament’s written questions that those contracts were not affected by other irregularities and the Agency has taken measures to address the Court’s observation by amending the Agency’s internal procedures to ensure that orders will only be communicated to the travel agent by statutory staff, who have been delegated by an authorising officer to engage in a legal commitment; notes the Agency’s reply whereby the Agency has immediately introduced corrective measures, even before the end of the audit process; calls on the Agency to fully address these observations and improve its procurement procedures in order to avoid similar situations in the future years;
Amendment 4 #
2023/2144(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights further from the Court’s report the qualified opinion according to which all the amounts paid in 2022 (EUR 152 655) for the implementation of a framework contract (for educational editorial services) could not be reconciled with the services provided and some categories of tasks did not reflect the nature of actual work performed, and for some categories, the amount of work paid for did not correspond to the amount actually done, thereby rendering those amounts irregular; notes the Agency's explanation that the number of pages ordered, delivered and paid did not fully match, as due to nature of work, namely editorial and educational content development, this was not always precisely quantifiable in advance; notes further that, according to the Agency's reply, checks were carried out on the deliverables and the categories of tasks were based on those listed in a previous contract with the Publications Office; calls on the Agency to put in place measures allowing the Agency to better quantify deliverables in advance and avoid such situations in the future;
Amendment 3 #
2023/2143(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Appreciates the Cedefop’s activities, providing research, analyses and technical advice and expertise in vocational education and training (VET), qualifications and skills policies; welcomes, in particular, the Centre's work in helping to analyse the impact of the pandemic and digital transition on adapting business practices to the new realities in the Union labour market through e.g. the COVID-19 European Company Survey in conjunction with Eurofound;
Amendment 4 #
2023/2143(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Centre’s role in compiling and disseminating research on the skills mismatch; highlights, in this regard, the Centre’s sectoral skills foresight exercises, thus a forward- looking approach to understand which are the skill profiles that are needed for the twin transition;
Amendment 5 #
2023/2143(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Recalls the importance of the Centre's role in ensuring digital skills are integrated into VET across the Union and monitoring the implementation and impact of the Council Recommendations on the Skills Agenda for Europe, vocational education and training (VET) for sustainable competitiveness, social fairness and resilience and the Digital Education Action Plan;
Amendment 6 #
2023/2143(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Congratulates Cedefop for its commitment to the European Year of Youth and for successfully co-leading with Eurofound the 5-Agency event ‘Youth first! Employment, skills and social policies that work for young Europeans in times of uncertainty’, hosted by the European Parliament in September 2022; Appreciates that the event was an additional opportunity to discuss youth policies as well as opportunities and challenges young people are facing, in terms of employment, working conditions, wellbeing and mental health;
Amendment 8 #
2023/2143(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets that the Court found observations on budgetary management, particularly that the contribution calculation method was not correctly applied; Welcomes however the fact that the Centre has undertaken necessary measures to address these observations;
Amendment 2 #
2023/2131(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the current situation implieallows thate Parliament can onlyto check the reports of the Court and of the Ombudsman as well asbut only the publicly available information on the Council’s website, something thatince the Council continues its malpractice of non- cooperation with the Partiament which makes it impossible for Parliament to make an informed decision on granting discharge;
Amendment 6 #
2023/2131(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that, while the current situation has to be improved through better interinstitutional cooperation within the framework of the Treaties, a revision of the Treaties could render the discharge procedure clearer and more transparent by givinggive Parliament the explicit competence to grant discharge to all Union institutions, bodies, offices and agencies individually;
Amendment 7 #
2023/2131(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points outRegrets the serious gender imbalance in the Court, where, at the end of 2022, there were only 9 female members compared to 17 male members; understandsnotes that the difficulties in achieving gender balance in the Court because ofare due to the current nomination procedure; reiterates its call on the Council to reconsider the nomination procedure with the aim of tackling this problem with concrete actions, such as making it compulsory for Member States to nominate at least two candidates of different genders for each vacancy;
Amendment 12 #
2023/2131(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Believes that the use of the unanimity voting procedure in the Council on certain policy areas is paralysing the Union’s decision-making process; calls on the Council to apply the qualified majority voting procedures whenever provided by the Treaties, and to consider the review of the Treaties regulating the voting procedures; believes that the generalised shift to a qualified majority voting procedure in the Council is a crucial step towards more efficient policy-making;
Amendment 14 #
2023/2131(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that the Council carried out 64 budgetary transfers in 2022, all on basis of Article 29 of the Financial Regulation, significantly up from 43 in 2021; further notes that six of the transfers involved informing the budgetary authority and that the major reason for those transfers was increased water, gas, electricity and heating costs and higher-than-expected salary increases;
Amendment 16 #
2023/2131(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Welcomes that the General Secretariat of the Council has provided a summary of the number and type of internal audits carried out in the General Secretariat in 2022 and a synthesis of the recommendations and the action taken on those recommendations in line with Article 118(8) of the Financial Regulation; notes that the internal auditor has established a three year work programme for the period 2022-2024, which is being broken down into annual work programmes; further notes that seven internal audits were carried out in 2022; notes finallywith concern that, at the end of 2022, only 72 % of the recommendations from the 2019-2021 work programme were implemented and 27 % of the recommendations are still open;
Amendment 17 #
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; noteregrets 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 20 #
2023/2131(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. NotObserves that, according to its financial activity report for 2022, the General Secretariat of the Council had 2 924 occupied posts by 31 December 2022; furthermore notes that the Council website states that the Council Secretariat had 3 108 staff (officials, temporary and contract staff and seconded national experts) on 1 January 2023; calls on the Council to avoid publishing discrepant information in its open sources;
Amendment 21 #
2023/2131(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes that all 27 Member States are represented on the staff but that there are serious geographical imbalances with 527 Belgian members of staff, equivalent to 17 %, while only 0,2 % are Cypriot and 0,3 % Luxembourgish; underlines the importance of a fair geographical balance of the members of staff at all levels, especially at middle and senior management levels, while at the same time fulfilling the requirements in the staff regulation in relation to competences and merits of candidates;
Amendment 2 #
2023/2130(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas there is always scope for improvement in terms of quality, efficiency and effectiveness, as well as transparency in the management of public finances; whereas thorough scrutiny is necessaryimperative to ensure that political leadership and Parliament’s administration are held accountable to Union citizens;
Amendment 10 #
2023/2130(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that, at the meeting between the committee responsible and the internal auditor held on 4 December 2023, the internal auditor presented his annual report and described the assurance audits he carried out and consulting services he provided and reported on the outcome of the current state of play, which in 2022 covered a transversal follow-up of open actions from internal audit reports, an audit of staff missions, a review of Parliament’s risk management framework, an audit of the procurement process in DG INLO, an audit of the purchase and use of security equipment and services in DG SAFE, an audit of the financing of European political parties and European political foundations – second assignment, and a periodic review of the ADENAUER 2 building project – Phase 3 (completion of East Wing);
Amendment 15 #
2023/2130(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Acknowledges that, in accordance with Article 118(9) of the Financial Regulation, the reports and findings of the internal auditor, as well as the report of the Union institution concerned, shall be accessible to the public afters soon as the internal auditor has validated the action taken for their implementation; welcomes the fact that the internal auditor reports to the Committee on Budgetary Control on the annual audit activities carried out;
Amendment 16 #
2023/2130(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that as a consequence of a post that remained vacant throughout the year, envisaged for an information systems auditor, one planned audit in the field of IT (on cybersecurity staff awareness) could not be carried out in 2022; notes the difficulty in finding specific audit staff profiles, including in the field of IT, to perform audits as planned according to their requirements; calls the Internal Audit Service to address the issue in order to ensure the completion of the remaining audit in time for the next discharge cycle;
Amendment 24 #
2023/2130(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the prompt actions taken by Parliament on the events related with suspected corruption cases concerning Members and employees in December 2022; welcomes the contribution of DG PRES to the 14-point action plan proposed by the President and its efforts in implementing the new rules on integrity and transparency; further welcomes the efforts by Parliament’s political authorities to enhance transparency, integrity and accountability at Parliament; calls on the administration to track the budgetary and financial impact of these measures;
Amendment 28 #
2023/2130(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recalls that, in July 2021, Parliament, the CommissNotes that 2022 marked the first year of the full implementation andof the Council adopted anmandatory transparency register under the revised Interinstitutional Aagreement (IIA) on a mandatory transparency register, adopted in July 20212aby the Parliament, the Commission and the Council; notes that while introducing some principles to enhance a common culture of transparency, the IIA leaves the three signatories to implement the conditionality and subsequent complementary measures as they see fit; _________________ 2a Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register, OJ L 207, 11.6.2021, p. 1.
Amendment 30 #
2023/2130(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that 2022 was the first year of the full implementation of the mandatory transparency register under the revised IIA adopted in 20212 and that the register is a key tool for promotRecalls the significance of this register2 as a pivotal instrument in fostering transparent and ethical interest representation at Union level because, establishing mandatory registration ias a preconditionrequisite for interest representatives to be able to carry out certainengage in specific activities with the Union institutions, including Parliament; _________________ 2 Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the EuropeanUnion and the European Commission on a mandatory transparency register, OJ L 207, 11.6.2021, p. 1.
Amendment 34 #
2023/2130(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the increased use of the transparency register as an information and reference tool for interest representation activities at Union level; notes the continuous improvement in the quality of information on the public database resulting from eligibility and; recalls the necessity to keep strengthening data quality checks of new applicants; welcomes the regular communication, helpdesk and awareness-raising activities undertaken by the Secretariat among stakeholders both within the institutions and outside, as well as the development of IT solutions to improve the transparency register;
Amendment 37 #
2023/2130(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls, as a consequence of the events of alleged corruption within the European Parliament that occurred at the end of 2022, for the establishment of robust standards on transparency and access to institutions for all entities listed in the transparency register, including NGOs; recalls that NGOs were allegedly used as vectors of foreign interference in European Parliamentarism; reiterates, in this context, the need for comprehensive financial pre-screening of all entities, disclosing all funding sources, before they are listed in the transparency register;
Amendment 40 #
2023/2130(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Stresses the need for a thorough pre-check as part of registration in the transparency register to disclose all funding sources; notes that funding from Union funds must be traceable from the direct recipient to the final beneficiary when funds are passed on in a chainCalls the European Commission to ensure that all Union funds are effectively traceable from the direct recipient to the final beneficiary when funds are passed on in a chain; as requested in the INI report “Transparency and accountability for NGO funded from EU Budget” adopted on the 17th of January 20243a ; calls for a revision of the guidelines for registration in the transparency register to disclose all incoming and outgoing funds, including the transfer of funds from one NGO and stakeholder to another; underlines that NGOs receiving money from third parties, whose registration in the transparency register is not required, need to disclose the source of their funding by specifying the same information as all regular registrants;_________________ 3a P9_TA(2024)0036
Amendment 53 #
2023/2130(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that DG COMM’s key tasks are to collaborate with the media, to inform, explain and enhance the visibility of Parliament’s work, to increase awareness of Parliament among citizens, stakeholders and opinion leaders through the European Parliament Liaison Offices (EPLOs) located in the Member States, to foster interaction with citizens through enhanced visitor projects, events and information campaigns and its presence on social media, and to provide expertise to Members and political groups on topics such as media intelligence and public opinion monitoring; and to combat disinformation by all means, particularly in the lead-up to elections;
Amendment 59 #
2023/2130(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that, on 10 March 2022, the President issued a revised decision on ‘Security measures to limit the spread of COVID-19’ which meant physical presence for several activities was restored, including re-admitting visitor groups; notwelcomes the decision to increase the paid financial contributions for travel, accommodation, meals and minor local expenses by 10 % for the sponsored visitor groups in 2022 leading to improved cost coverage; notes the decision by the Bureau to consequently reduce the annual quota of sponsored visitors per member from 110 to 100 and from 55 to 50 for election years; underlines that while this demonstrates a prudent financial management and expenditure controls, it simultaneously diminishes access to the Parliament for European citizens; highlights that the decision to carry over the unused quota from 2020 to 2022, 2023 and 2024 remained unchanged;
Amendment 64 #
2023/2130(DEC)
Motion for a resolution
Paragraph 47
Paragraph 47
47. WRecalls the ongoing struggle in which the European Union is involved to safeguard European values and uphold the integrity of our democratic processes; welcomes the actions undertaken on theby the Parliament in the pursuit of these objectives, fighting against disinformation and information manipulation; calls on the DG COMM to keep developing and implementing effective strategies to counter disinformation and information manipulation, especially within an electoral context ; highlights that one of the most powerful toolweapons against disinformation is positive, factual-based communication aboutregarding the Parliament’s workactivities;
Amendment 81 #
2023/2130(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Acknowledges that the work of APAs is an integral part of the work of Members and therefore of Parliament; notes that following the adoption of the APA statute in 2009, their status over the years has been recognised; notes the efforts made by Parliament to create a framework for providing support to APAs; calls for due adherence to the rules in place; notes, that since then, APAs participate in official missions to Parliament’s three places of work; calls on the Parliament administration to explore the feasibility to introduce a notice period within APA's contracts in the event of a MEP's unexpected departure, whether voluntary or involuntary.
Amendment 94 #
2023/2130(DEC)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Recalls the decision of the Secretary-General of November 2022 on the new rules for teleworking in Parliament applicable to the Parliament Secretariat; recalls that Members and political groups may also decide to apply the teleworking rules as set out in this decision; remarks that a balanced use of a hybrid working environment could beis beneficial and productive and therefore welcomes the decision to maintain teleworking possibilities; recalls also that physical presence is of crucial importance for the efficient interaction of all actors in every parliamentary process;
Amendment 108 #
2023/2130(DEC)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Welcomes Parliament’s efforts to encourage staff to use sustainable means of transport for commuting by putting an increased number of traditional and electric bicycles at their disposal free of charge and by reimbursing part of the cost of public transport tickets in exchange for limiting access to the car park;
Amendment 122 #
2023/2130(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Takes note of the Bureau minutes of the additional meeting of 6 July 2022 where the Bureau took note and endorsed the results of the International Architectural Design Competition for the Renewal of the SPAAK building; notes that 5 laureates were endorsed by the Bureau; notes that no other decision was taken during 2022 on this topic and there were thus no financial consequences; takes further note of the Bureau decision of 6th July 2022, to endorse the overall strategy for the future development of the Strasbourg seat, focusing on improving hosting and accommodation capacity, optimizing the use of Parliament premises, enhancing accessibility and consolidating staff functionality;
Amendment 142 #
2023/2130(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Notes with satisfaction that DG FINS was able to take advantage of the efficiency of its processes and the commitment of its staff to ensure continuity of the services for which it is responsible and the achievement of the objectives set in its annual work programme; notes the concerns expressed by Members about undue and often significant delays in the processing of reimbursements; welcomes that Parliament is continuously modernising its processes in order to offer Members better services by applying automation, simplification and digitisation; calls DG FINS for further speeding up of the workflows to provide more expedited procedures; notably by equipping its agents with the necessary tools and softwares to manage workloads efficiently, thereby reducing processing time;
Amendment 3 #
2023/2129(DEC)
1. Is worried by the fact that by the end of 2022, total outstanding commitments reached a record level of over €450 billion; takes note, however, that, according to the Commission, after a further increase to some €460 billion in 2023, the outstanding commitments should decrease duringfrom 2024 tountil 2027 to €314 billion;
Amendment 9 #
2023/2129(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Is greatly worried that the overall level of error was material at 4.2 %, thus is higher compared to 3.0 % in 2021; and is particularly worried that the level of error is mainly driven by ‘Cohesion, resilience and values’, which was the biggest contributor to this rate (2.5 %); recognises that the majority of spending in this area is deemed high-risk expenditure as mainly reimbursement-based and often subject to complex rules; notes that the most common errors under the Cohesion heading were ineligible projects and infringements of internal market rules, in particular non- compliance with public procurement and state aid rules; calls for urgent action to decrease the error rate in the future, especially for the new funding period, and calls on the Commission to assist the agencies to improve their internal procedures in order to ensure compliance with applicable public procurement and state aid rules;
Amendment 10 #
2023/2129(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that the Commission should substantially reduce the level of outstanding commitments; Notes that in the light of high outstanding commitments which await payment from future EU budgets, the Commission should identify ways to help member states accelerate the use of EU funds, in particular of shared management funds under the Common Provisions Regulation, while respecting sound financial management;
Amendment 11 #
2023/2129(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the importance of the Union budget for achieving the Union’s political priorities, as well as its role in assisting Member States in unforeseen circumstances such as the COVID-19 pandemic, international conflicts or crisis and their consequences; notes in this regard the continuing relevance of investments and support from the Union budget for reducing disparities between Member States and regions, for promoting economic growth and employment, for combating poverty and social exclusion, and thus for improving the daily life of Union citizens and economic impact within the EU;
Amendment 11 #
2023/2129(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the importance of the Union budget for achieving the Union’s political priorities, as well as its role in assisting Member States in unforeseen circumstances such as the COVID-19 pandemic, international conflicts or crisis and their consequences; notes in this regard the continuing relevance of investments and support from the Union budget for reducing disparities between Member States and regions, for promoting economic growth and employment, for combating poverty and social exclusion, and thus for improving the daily life of Union citizens and economic impact within the EU;
Amendment 13 #
2023/2129(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the sound and timely implementation of the budget contributes to addressing more efficiently and effectively the needs and challenges in different policy areas; warns that the implementation of the budget under time pressure may lead to an increase in errors and irregularities; recalls the role of the Commission as guardian of the treaty to protect the European financial interests;
Amendment 13 #
2023/2129(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the sound and timely implementation of the budget contributes to addressing more efficiently and effectively the needs and challenges in different policy areas; warns that the implementation of the budget under time pressure may lead to an increase in errors and irregularities; recalls the role of the Commission as guardian of the treaty to protect the European financial interests;
Amendment 16 #
2023/2129(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the Recovery and Resilience Facility (RRF)'s contribution to support Member States in recovering from the economic and social consequences of the COVID-19 pandemic and creating a resilient Union that can shoulder the challenges of the future; notes the contribution of the RRF and RePowerEU in addressing the energy-related challenges caused by the Russia’s war of agression against Ukraine; calls on the Commission and the Member States to implement the associated actions swiftly in accordance with the agreed milestones and targets; regrets that milestones have not been better defined and more strictly monitored by the Commission;
Amendment 16 #
2023/2129(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the Recovery and Resilience Facility (RRF)'s contribution to support Member States in recovering from the economic and social consequences of the COVID-19 pandemic and creating a resilient Union that can shoulder the challenges of the future; notes the contribution of the RRF and RePowerEU in addressing the energy-related challenges caused by the Russia’s war of agression against Ukraine; calls on the Commission and the Member States to implement the associated actions swiftly in accordance with the agreed milestones and targets; regrets that milestones have not been better defined and more strictly monitored by the Commission;
Amendment 20 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the crucial role the Union budget played in 2022 in addressing the fall-out of Russia’s war of aggression against Ukraine to secure food supply chains, address energy-related challenges, support Member States in welcoming Ukrainian refugees, and provide assistance to Ukraine in caring for its citizens; notes that this has put pressure on the budget and that all available flexibility measures have been used; notes in that regard the proposals made by the Commission in the Multi- annual Financial Framework (MFF) review to re-orient funds and to raise fresh funds, and calls on the Council to swiftly move forward with the adoption of the proposals;
Amendment 20 #
2023/2129(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the crucial role the Union budget played in 2022 in addressing the fall-out of Russia’s war of aggression against Ukraine to secure food supply chains, address energy-related challenges, support Member States in welcoming Ukrainian refugees, and provide assistance to Ukraine in caring for its citizens; notes that this has put pressure on the budget and that all available flexibility measures have been used; notes in that regard the proposals made by the Commission in the Multi- annual Financial Framework (MFF) review to re-orient funds and to raise fresh funds, and calls on the Council to swiftly move forward with the adoption of the proposals;
Amendment 29 #
2023/2129(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the utmost importance of carrying out an ex-post evaluation of financial programmes created to respond to a crisis concerning their effectiveness, economic impact and performance, efficiency, relevance, coherence and Union added value;
Amendment 29 #
2023/2129(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the utmost importance of carrying out an ex-post evaluation of financial programmes created to respond to a crisis concerning their effectiveness, economic impact and performance, efficiency, relevance, coherence and Union added value;
Amendment 35 #
2023/2129(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the role and the importance of a strengthened cooperation of the European anti-fraud office (OLAF), the European Public Prosecutor's Office (EPPO), the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Union Agency for Law Enforcement Cooperation (Europol) in the fight against corruption; calls for the capacities of the EPPO and OLAF, as well as cooperation between them, to be strengthened further; calls for common anti-corruption rules applicable to all staff of Union bodies and calls to make the interinstitutional Transparency register mandatory for all EU institutions even agencies;
Amendment 35 #
2023/2129(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the role and the importance of a strengthened cooperation of the European anti-fraud office (OLAF), the European Public Prosecutor's Office (EPPO), the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Union Agency for Law Enforcement Cooperation (Europol) in the fight against corruption; calls for the capacities of the EPPO and OLAF, as well as cooperation between them, to be strengthened further; calls for common anti-corruption rules applicable to all staff of Union bodies and calls to make the interinstitutional Transparency register mandatory for all EU institutions even agencies;
Amendment 38 #
2023/2129(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the measures undertaken by the Commission in 2022 and 2023 under the Rule of Law conditionality mechanism for the protection of the Union budget and asks the Commission to continue to be vigiladuct thorough assments and ensure adequate control mechanisms to guarantee the sound financial management and the proatectiveon of the EU Budget in the current and future cases when the lack of respect for Union values and the Rule of Law affect or threaten to affect the Union’s financial interests; call on the Commission to make full use of the tools available to address the clear risk of a serious breach of the EU values on which the Union is founded;
Amendment 38 #
2023/2129(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the measures undertaken by the Commission in 2022 and 2023 under the Rule of Law conditionality mechanism for the protection of the Union budget and asks the Commission to continue to be vigiladuct thorough assments and ensure adequate control mechanisms to guarantee the sound financial management and the proatectiveon of the EU Budget in the current and future cases when the lack of respect for Union values and the Rule of Law affect or threaten to affect the Union’s financial interests; call on the Commission to make full use of the tools available to address the clear risk of a serious breach of the EU values on which the Union is founded;
Amendment 44 #
2023/2129(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 44 #
2023/2129(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 50 #
2023/2129(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the late adoption of several sectoral regulations governing different Union policies, such as the Cohesion policy, resulted in a significant delay in the implementation of the 2021- 2027 programming period; urges the Commission and the Member States once moreto take all the necessary measures to continue to speed up the implementation of the policies on the ground with a better geographical balance, while keeping a high focus on compliance with the rules, achievement of results and protection of the financial interests of the Union; highlights in this context the importance of avoiding decommitments which in turn would decrease the impact of the Union budget;
Amendment 50 #
2023/2129(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the late adoption of several sectoral regulations governing different Union policies, such as the Cohesion policy, resulted in a significant delay in the implementation of the 2021- 2027 programming period; urges the Commission and the Member States once moreto take all the necessary measures to continue to speed up the implementation of the policies on the ground with a better geographical balance, while keeping a high focus on compliance with the rules, achievement of results and protection of the financial interests of the Union; highlights in this context the importance of avoiding decommitments which in turn would decrease the impact of the Union budget;
Amendment 52 #
2023/2129(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to take initiatives such as technical assistance to increase the absorption rate in the Member States on a permanent basis; calls on the Commission to closely monitor the progress of implementation in Member States, in particular in the cases of under-implementation and low absorption rates and to deliver a country- analysis to the discharge authority, identifying the recurrent problems, as well as the measures taken to optimise the situation;
Amendment 52 #
2023/2129(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to take initiatives such as technical assistance to increase the absorption rate in the Member States on a permanent basis; calls on the Commission to closely monitor the progress of implementation in Member States, in particular in the cases of under-implementation and low absorption rates and to deliver a country- analysis to the discharge authority, identifying the recurrent problems, as well as the measures taken to optimise the situation;
Amendment 70 #
2023/2129(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the Court estimates the level of error for the 2022 expenditure to be 4,2 % (3 % in 2021), which is above the materiality threshold; notes the Commission’s confidence that the risk at payment is estimated at 1.9 % for 2022 (similar to 2020, 2021 and 2022), is representative of the level of error at the time of payment; notes that the Commission’s estimation of the risk at closure, after ex-post controls and corrections have been applied, is 0.9 %; notes thecalls to find a common understanding to avoid such divergence between the Court’s overall error rate and the Commission’s risk at payment, which is observed for the overall Union budget expenditure in 2022, although not in all expenditure areas;
Amendment 70 #
2023/2129(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the Court estimates the level of error for the 2022 expenditure to be 4,2 % (3 % in 2021), which is above the materiality threshold; notes the Commission’s confidence that the risk at payment is estimated at 1.9 % for 2022 (similar to 2020, 2021 and 2022), is representative of the level of error at the time of payment; notes that the Commission’s estimation of the risk at closure, after ex-post controls and corrections have been applied, is 0.9 %; notes thecalls to find a common understanding to avoid such divergence between the Court’s overall error rate and the Commission’s risk at payment, which is observed for the overall Union budget expenditure in 2022, although not in all expenditure areas;
Amendment 74 #
2023/2129(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the general estimate of the level of error in the Union budget, as presented in the Court’s Statement of Assurance, is an estimate of the money that should not have been paid out because it was not used in accordance with the applicable rules and regulations, and not a measure of fraud or of inefficiency or waste; regrets that the general estimate of the level of error in the Union budget gives each year a bad opinion to citizens on the managemùent of EU funds even more before European elections;
Amendment 74 #
2023/2129(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the general estimate of the level of error in the Union budget, as presented in the Court’s Statement of Assurance, is an estimate of the money that should not have been paid out because it was not used in accordance with the applicable rules and regulations, and not a measure of fraud or of inefficiency or waste; regrets that the general estimate of the level of error in the Union budget gives each year a bad opinion to citizens on the managemùent of EU funds even more before European elections;
Amendment 81 #
2023/2129(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the Court’s audit effortbased on international audit standards are focused only on the year under review and cannot take account of the lifecycle of Union programmes and funds covering multiple years, as well as corrections and recoveries after the end of the year under review;
Amendment 81 #
2023/2129(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the Court’s audit effortbased on international audit standards are focused only on the year under review and cannot take account of the lifecycle of Union programmes and funds covering multiple years, as well as corrections and recoveries after the end of the year under review;
Amendment 82 #
2023/2129(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 82 #
2023/2129(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 85 #
2023/2129(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that both approaches serve different purposes and have their benefits, disadvantages, strengths, and weaknesses, and should be used to complement each other while understanding the differences and particularities, such as the different concepts of error and the risk categorisation used by each institution; commends the Commission’s approach for its sheer size and the resulting granularity in identifying where additional efforts are most beneficial and where improvements are needed; considers the Court’s error rate to be an important indicator of compliance with legality and regularity of the implementation of the Union budget; welcomes in this regard the Court’s findings, observations and recommendations as a very useful contribution to the further improvement of the budget management and implementation under different management modes and by all relevant stakeholders;
Amendment 85 #
2023/2129(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that both approaches serve different purposes and have their benefits, disadvantages, strengths, and weaknesses, and should be used to complement each other while understanding the differences and particularities, such as the different concepts of error and the risk categorisation used by each institution; commends the Commission’s approach for its sheer size and the resulting granularity in identifying where additional efforts are most beneficial and where improvements are needed; considers the Court’s error rate to be an important indicator of compliance with legality and regularity of the implementation of the Union budget; welcomes in this regard the Court’s findings, observations and recommendations as a very useful contribution to the further improvement of the budget management and implementation under different management modes and by all relevant stakeholders;
Amendment 90 #
2023/2129(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that, on several issues, the Court’s and Commission’s findings are aligned, most notably concerning the main sources of irregularities in ‘Cohesion’, and the higher risks for market measures and rural development in ‘Natural resources and environment’; notes that specifically in ‘Cohesion’ some cases of eligibility errors identified and quantified by the Court do not allow the Commission to qualify the error as an irregularity to be corrected in line with the definition laid down in Article 2(36) of Regulation (EU) No 1060/2021 (‘the Common Provisions Regulation’ or CPR)2 and thus, the Commission cannot pursue financial correction procedures, and such errors would not enter into the Commission’s estimate of risk at payment; _________________ 2 OJ L 231 30.6.2021, p. 159
Amendment 90 #
2023/2129(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that, on several issues, the Court’s and Commission’s findings are aligned, most notably concerning the main sources of irregularities in ‘Cohesion’, and the higher risks for market measures and rural development in ‘Natural resources and environment’; notes that specifically in ‘Cohesion’ some cases of eligibility errors identified and quantified by the Court do not allow the Commission to qualify the error as an irregularity to be corrected in line with the definition laid down in Article 2(36) of Regulation (EU) No 1060/2021 (‘the Common Provisions Regulation’ or CPR)2 and thus, the Commission cannot pursue financial correction procedures, and such errors would not enter into the Commission’s estimate of risk at payment; _________________ 2 OJ L 231 30.6.2021, p. 159
Amendment 96 #
2023/2129(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the total outstanding commitments reached an all-time high of EUR 450 billion in 2022, caused by both increased commitments related to NGEU (with all National Recovery and Resilience Plans adopted in 2022) and the start of the implementation of the 2021-2027 programming period; notes that the Commission expects this amount to further increase in 2023, and foresees a decrease from 2024 to 2027 when committed amounts for both NGEU and the 2021- 2027 programming period should be paid out; regrets the lack of initiatives taken by the Commission, in conjunction with the Member States, to increase the absorption capacity of the programs and thus bring about a sharp and lasting reduction in outstanding commitments;
Amendment 96 #
2023/2129(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the total outstanding commitments reached an all-time high of EUR 450 billion in 2022, caused by both increased commitments related to NGEU (with all National Recovery and Resilience Plans adopted in 2022) and the start of the implementation of the 2021-2027 programming period; notes that the Commission expects this amount to further increase in 2023, and foresees a decrease from 2024 to 2027 when committed amounts for both NGEU and the 2021- 2027 programming period should be paid out; regrets the lack of initiatives taken by the Commission, in conjunction with the Member States, to increase the absorption capacity of the programs and thus bring about a sharp and lasting reduction in outstanding commitments;
Amendment 111 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point ii
Paragraph 36 – point ii
(ii) continue to simplify rules and procedures without compromising the quality of the controls; and continue to digitalize audit procedures;
Amendment 111 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point ii
Paragraph 36 – point ii
(ii) continue to simplify rules and procedures without compromising the quality of the controls; and continue to digitalize audit procedures;
Amendment 114 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point iv
Paragraph 36 – point iv
(iv) continue to support the administrative capacity of Member States’ authorities; identify ways to help member states accelerate the use of EU funds, notably in shared management funds under the Common Provisions Regulation;
Amendment 114 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point iv
Paragraph 36 – point iv
(iv) continue to support the administrative capacity of Member States’ authorities; identify ways to help member states accelerate the use of EU funds, notably in shared management funds under the Common Provisions Regulation;
Amendment 120 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point vi
Paragraph 36 – point vi
(vi) continue monitoring the possible risk of corruption and fraud across all funds, using feedback from investigations by the EPPO and OLAF; and encourage the systematic use of Archane and EDES databases systems;
Amendment 120 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point vi
Paragraph 36 – point vi
(vi) continue monitoring the possible risk of corruption and fraud across all funds, using feedback from investigations by the EPPO and OLAF; and encourage the systematic use of Archane and EDES databases systems;
Amendment 122 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point vi a (new)
Paragraph 36 – point vi a (new)
(vi a) assess the impact on the EU budget of high inflation continuing over several years and identify tools to mitigate resulting key risks;
Amendment 122 #
2023/2129(DEC)
Motion for a resolution
Paragraph 36 – point vi a (new)
Paragraph 36 – point vi a (new)
(vi a) assess the impact on the EU budget of high inflation continuing over several years and identify tools to mitigate resulting key risks;
Amendment 123 #
2023/2129(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Considers the overview of special reports, which spans the largest part of chapter three of the Court’s Annual report, gives a good overview of reports presented by the Court that relate to 2022 strategic areas but is limited and incomplete in terms of the content of those reports and the replies provided by the auditees; considers that an; a deep analysis of the performance of the Union budget requires more than acould be an added value to the follow-up of the auditor recommendations, despite their undeniable value in terms of budgetary control; notes the issue of timing concerning to the publication of the AMPR;
Amendment 123 #
2023/2129(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Considers the overview of special reports, which spans the largest part of chapter three of the Court’s Annual report, gives a good overview of reports presented by the Court that relate to 2022 strategic areas but is limited and incomplete in terms of the content of those reports and the replies provided by the auditees; considers that an; a deep analysis of the performance of the Union budget requires more than acould be an added value to the follow-up of the auditor recommendations, despite their undeniable value in terms of budgetary control; notes the issue of timing concerning to the publication of the AMPR;
Amendment 128 #
2023/2129(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Calls the Commision to conduct a deep analysis of all amounts recovered on the basis of EPPO notfications and to inform the discharge authority about the results; recalls that Commission plays the primary role in the follow up and recovery of damages to the EU budget, following EPPO notifications. Regrets that EPPO until now is not aware of the mechanisms set up by the Commission to that effect; notes that the issue of EPPO notifications has been raised in the Annual Meetings on the implementation of the Commission; welcomes the EPPO Working Arrangement and the set up of a working group to ensure that EPPO notifications will enable the Commission to maximize recovery to the EU budget;
Amendment 128 #
2023/2129(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Calls the Commision to conduct a deep analysis of all amounts recovered on the basis of EPPO notfications and to inform the discharge authority about the results; recalls that Commission plays the primary role in the follow up and recovery of damages to the EU budget, following EPPO notifications. Regrets that EPPO until now is not aware of the mechanisms set up by the Commission to that effect; notes that the issue of EPPO notifications has been raised in the Annual Meetings on the implementation of the Commission; welcomes the EPPO Working Arrangement and the set up of a working group to ensure that EPPO notifications will enable the Commission to maximize recovery to the EU budget;
Amendment 137 #
2023/2129(DEC)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Stresses the importance to have transparent and clear rules applied to the selection procedure and to the public procurement procedures in all executive agencies; regrets the rise of complaints of reaserchers for non transparency notably for the Research Excutive Agency; recalls that under the 2021-2027 EU long-term budget, the REA manages several EU programmes and support services; calls for Commission to conduct an assessment of all procedures and an ex-post evaluation of the added value of all their executive agencies in accordance with Art 3 .1 of the Council Regulation (EC No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (Official Journal L 011 , 16/01/2003 P. 0001 – 0008));
Amendment 137 #
2023/2129(DEC)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Stresses the importance to have transparent and clear rules applied to the selection procedure and to the public procurement procedures in all executive agencies; regrets the rise of complaints of reaserchers for non transparency notably for the Research Excutive Agency; recalls that under the 2021-2027 EU long-term budget, the REA manages several EU programmes and support services; calls for Commission to conduct an assessment of all procedures and an ex-post evaluation of the added value of all their executive agencies in accordance with Art 3 .1 of the Council Regulation (EC No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (Official Journal L 011 , 16/01/2003 P. 0001 – 0008));
Amendment 154 #
2023/2129(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Notes that in the annual activity reports, the Commission reports error rates, for each programme and overall for the funds, that strictly refer to irregularities leading to financial corrections; notes that to impose financial corrections, the Commission needs to conclude that an irregularity within the meaning of the Article 2(36) of the CPR has occurred, while not all formal breaches and errors included by the Court as quantifiable errors in its estimated error rate lead to ineligible expenditure because they do not qualify as an irregularity as defined in Article 2(36) of the CPR;
Amendment 154 #
2023/2129(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Notes that in the annual activity reports, the Commission reports error rates, for each programme and overall for the funds, that strictly refer to irregularities leading to financial corrections; notes that to impose financial corrections, the Commission needs to conclude that an irregularity within the meaning of the Article 2(36) of the CPR has occurred, while not all formal breaches and errors included by the Court as quantifiable errors in its estimated error rate lead to ineligible expenditure because they do not qualify as an irregularity as defined in Article 2(36) of the CPR;
Amendment 156 #
2023/2129(DEC)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 156 #
2023/2129(DEC)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 166 #
2023/2129(DEC)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Notes thatUrges the Commission is closely monitoringto monitor closely the situation, in particular when RRF national coordinating authorities are the same as for cohesion policy funds, and insisted on having sufficient additional administrative capacity and human resources allocated to the different strands of Union funding;
Amendment 166 #
2023/2129(DEC)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Notes thatUrges the Commission is closely monitoringto monitor closely the situation, in particular when RRF national coordinating authorities are the same as for cohesion policy funds, and insisted on having sufficient additional administrative capacity and human resources allocated to the different strands of Union funding;
Amendment 168 #
2023/2129(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Welcomes that for the moment neither the Court nor the Commission identify any cases where the obligatory national co-funding of a cohesion project was paid for by RRF funds in the 2022 RRF disbursements;
Amendment 168 #
2023/2129(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Welcomes that for the moment neither the Court nor the Commission identify any cases where the obligatory national co-funding of a cohesion project was paid for by RRF funds in the 2022 RRF disbursements;
Amendment 170 #
2023/2129(DEC)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Notes that the Court considers that the Commission’s desk reviews and compliance audits have inherent limitations in confirming the validity of the residual total error rates reported by audit authorities; takes note ofcalls on the Commission’s reply that its assessment, based on a combination of desk and on- the-spot audit work covering the different individual programmes and assurance packages, enables it to establish a reasonable and fair estimate of the error rates for each programme, every year, and cumulatively for cohesion policy funds;
Amendment 170 #
2023/2129(DEC)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Notes that the Court considers that the Commission’s desk reviews and compliance audits have inherent limitations in confirming the validity of the residual total error rates reported by audit authorities; takes note ofcalls on the Commission’s reply that its assessment, based on a combination of desk and on- the-spot audit work covering the different individual programmes and assurance packages, enables it to establish a reasonable and fair estimate of the error rates for each programme, every year, and cumulatively for cohesion policy funds;
Amendment 174 #
2023/2129(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Notes with concern the Court’s finding that the proportion of assurance packages with residual error rates of above 2 % reached a peak of 61 % of the expenditure in the Court’s sample in 2022 compared to 39 % in the previous year, reflecting the persistent shortcomings in the work of the audit authorities; stresses with concern that the Court’s audit results over the last six years demonstrate that the controls currently in place do not yet sufficiently offset the high inherent risk of error in cohesion, and that managing authorities do not always effectively prevent or detect irregularities in expenditure declared by beneficiaries; notes with concern that the errors found by the Court represent significant weaknesses in the audit authorities’ work on verifying the eligibility of expenditures and projects, and the compliance with internal market rules; notes that a part of the residual error rates recalculated by the Court above 2 % in the audited assurance packages are attributable to the aforementioned divergences;
Amendment 174 #
2023/2129(DEC)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Notes with concern the Court’s finding that the proportion of assurance packages with residual error rates of above 2 % reached a peak of 61 % of the expenditure in the Court’s sample in 2022 compared to 39 % in the previous year, reflecting the persistent shortcomings in the work of the audit authorities; stresses with concern that the Court’s audit results over the last six years demonstrate that the controls currently in place do not yet sufficiently offset the high inherent risk of error in cohesion, and that managing authorities do not always effectively prevent or detect irregularities in expenditure declared by beneficiaries; notes with concern that the errors found by the Court represent significant weaknesses in the audit authorities’ work on verifying the eligibility of expenditures and projects, and the compliance with internal market rules; notes that a part of the residual error rates recalculated by the Court above 2 % in the audited assurance packages are attributable to the aforementioned divergences;
Amendment 176 #
2023/2129(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Is concerned about the persistent shortcomings observed by the Court in the national audits, which can be due to inadequate scope, unclear documentation of audits and sample filtering performed by national audit authorities, as well as resource issues, including inadequate funding and a lack of a skilled workforce within national audit authorities; recalls the recommendations in the INI report 2022/2020 on possibilities to increase the reliability of audits and controls by national authorities in shared management; notes that the Commission considers the work of the majority of the audit authorities to be reliable and that only 7 out of 81 audit authorities need serious improvements;
Amendment 176 #
2023/2129(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Is concerned about the persistent shortcomings observed by the Court in the national audits, which can be due to inadequate scope, unclear documentation of audits and sample filtering performed by national audit authorities, as well as resource issues, including inadequate funding and a lack of a skilled workforce within national audit authorities; recalls the recommendations in the INI report 2022/2020 on possibilities to increase the reliability of audits and controls by national authorities in shared management; notes that the Commission considers the work of the majority of the audit authorities to be reliable and that only 7 out of 81 audit authorities need serious improvements;
Amendment 193 #
2023/2129(DEC)
Motion for a resolution
Paragraph 89 – point iv
Paragraph 89 – point iv
(iv) continue the implementation of its targeted 4th revision of the“action plan on public procurement” in cooperation with Member States to help programme authorities and contracting authorities to improve their practices in the area of public procurement, including how to avoid the most common errors in public procurement linked to the management of the ESI Funds, as well as targeted training sessions for Member States’ officials;
Amendment 195 #
2023/2129(DEC)
Motion for a resolution
Paragraph 89 – point v
Paragraph 89 – point v
(v) further enhance simplification in the implementation of cohesion programmes and work closely with Member States to identify best practices regarding the digitalisation of practices and procedures; furthermore encourages the Commission to implement tools for digitalisation of public procurement based on the the model of e.procurement , and to help Members states in this transition;
Amendment 208 #
2023/2129(DEC)
Motion for a resolution
Paragraph 97
Paragraph 97
97. WelcomNotes the Commission’s statement that the 2023-2027 CAP delivery model aims to simplify rules and to emphasise the use of new technologies, such as the Area Monitoring System, that will help reduce errors; notes that, together with errors made by the farmers, the Land Parcel Identification System (LPIS) is the basis for the geospatial aid application and recalls the significant potential benefits of technologies for monitoring area aid for farmers, administrations and the environment;
Amendment 209 #
2023/2129(DEC)
Motion for a resolution
Paragraph 98
Paragraph 98
Amendment 212 #
2023/2129(DEC)
Motion for a resolution
Paragraph 101
Paragraph 101
101. Welcomes the increased interest in andRegrets the fact that the use of the integrated IT tool for data mining ARACHNE by the Member States, with 13 Member States using the tool for at least some measures, and five Member States participating in a general introduction workshop on ARACHNEis not compulsory; notes the obstacles reported by Member States and the continued efforts ofasks the Commission to improve ARACHNE;
Amendment 227 #
2023/2129(DEC)
Motion for a resolution
Paragraph 114
Paragraph 114
114. Welcomes that the participation of SMEs in the EDF (European Defence Fund) (in particular the cross- border participation of SMEs in industrial consortia) is being facilitated through targeted EDF calls, financial bonuses, specific award criteria, and the use of SCOs to decrease the administrative burden; notes that in the 2022 EDF calls, 38,2 % of the participating entities were SMEs, and 20 % of the total funding available through these calls will be for SMEs (EUR 166 million);
Amendment 259 #
2023/2129(DEC)
Motion for a resolution
Paragraph 130 – point ii
Paragraph 130 – point ii
(ii) continue ensuring that all contracts involving Union funding fully respect applicable UE values, Union legislation, including accountability, transparency and protection of Union funds; make the participation of entities, NGOs,individuals or groups affiliated with terrorist organisations or promoting hate speech and discrimination categorically incompatible with any Union funding; and ensure that strict monitoring and ex ante and ex post control mechanisms make sure that all individuals involved in Union funded actions exclusively pursue the EU objectives and activities approved for Union funding;
Amendment 261 #
2023/2129(DEC)
Motion for a resolution
Paragraph 130 – point iii
Paragraph 130 – point iii
(iii) put in place adequate ex ante and ex post control measures in unstable or conflict zones to ensure the proper control of spending of Union funds and ways to recover the EU funds;
Amendment 300 #
2023/2129(DEC)
Motion for a resolution
Paragraph 156
Paragraph 156
156. WelcomNotes the systematiceffort made in the audit work of the Court regarding the RRF, with emphasis on the protection of the Union’s financial interests, which is providing a thorough analysis of the relevant aspects of the Facility and valuable insight into its implementation; notes with satisfaction that the Commission broadly accepts and applies the Court’s recommendations and acknowledges that many of the issues identified by the Court are related to the legal basis of the RRF and linked to its innovative nature and functioning; considers that the Court’s recommendations stemming from its audit work on the RRF are particularly relevant to the co-legislators for future Union performance-based financing instruments;
Amendment 306 #
2023/2129(DEC)
Motion for a resolution
Paragraph 158
Paragraph 158
158. WelcomNotes that, based on the Court’s recommendations and the experience gained, the Commission presented its methodologies on (i) assessing the satisfactory fulfilment of M&Ts, (ii) calculating the suspended amounts in case of non-fulfilment of a milestone or target, and (iii) dealing with potential situations where M&Ts initially assessed as satisfactorily fulfilled by the Commission were subsequently reversed by the Member State; welcomeregrets that the Ccommission accepts the recommendation to carry out a revision of its ex-post audit procedures to verify thedoes not foresee any post-2026 monitoring on potential reversals of targets after the payment,milestones or targets although is concerned that the methodology does not provide legal clarity in case a milestone or target is reversed after the implementation period of the RRF;
Amendment 355 #
2023/2129(DEC)
Motion for a resolution
Paragraph 171 – point i a (new)
Paragraph 171 – point i a (new)
(i a) work in close cooperation with the discharge authority as co legislator to reform the RRF regulation by providing a methodology to monitor potential reversals of milestones or targets 2 years after the end of the implementation;
Amendment 16 #
2023/0393(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to facilitate the exercise of rights byright to freedom of movement of persons with disabilities when travelling to or visiting another Member State for a short periodstay, Directive …./… [proposal for a Directive]3 established the framework, rules and common conditions, including a common standardised modeland accessible format, for a European Disability Card as proof of recognised disability status for accessing on equal terms and conditions any special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to any parking conditions and facilities reserved for persons with disabilities4 . in a Member State other than that of which they are a resident. _________________ 3 COM(2023) 512 final 4 COM(2023) 512 final
Amendment 19 #
2023/0393(COD)
Proposal for a directive
Recital 2
Recital 2
(2) To helpensure that Member States respect and fulfil their national equal treatment, inclusion and non-discrimination obligations under international, Union and national law vis-à-vis persons with disabilities who are third- country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effective participation and inclusion in society of persons with disabilities who are third- country nationals on an equal basis with Union citizens with and without disabilities, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to persons with disabilities who are third country nationals legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.
Amendment 25 #
2023/0393(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) The UNCRPD recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. In particular, it recognises the principle of gender equality, that women and girls with disabilities are often at greater risk and subject to multiple and intersectional discrimination and that State Parties should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. Therefore, the European Disability Card and European Parking Card for persons with disabilities should have a clear intersectional and gender equality perspective including for third country nationals with disabilities, in particular women and girls, who are often at greater risk of such discrimination.
Amendment 30 #
2023/0393(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Therefore, Member States shall take the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal and appeal thereof, mutual recognition and data protection of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, as well as the rights for beneficiaries, including access on equal terms and conditions to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or any parking conditions and facilities offered to or reserved for persons with disabilities or any person(s)s accompanying or assisting them including their personal assistant(s)s or assistance animals, set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law. Both the European Disability Card and the European Parking Card for persons with disabilities should be issued and renewed free of charge to the beneficiary.
Amendment 52 #
2023/0393(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not affect the applicable Union rules governing mobility across the Union of third country nationals legally residing in a Member State across the Union, and who are entitled to move or travel to other Member States in accordance with Union law, but should rather facilitates the exercise of their right to move or travel when they already have such a right to mobility.
Amendment 61 #
2023/0393(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Member States shall ensure that the rules, rights and obligations laid down in [Directive (EU) XXXXX] apply to third country nationals not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence, as well as to any persons accompanying or assisting them, including personal assistant(s) within the means or assistance animals as defined ing Article 3 points (d) and (h) of that Directive.
Amendment 66 #
2023/0393(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall not affect the applicable Union rules governing mobility across the Union, of third country nationals legally residing in the territory of a Member State across the Union.
Amendment 81 #
2023/0393(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.deleted