Activities of Ingeborg GRÄSSLE related to 2014/0180(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union PDF (786 KB) DOC (537 KB)
Amendments (41)
Amendment 24 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and, Articles 322 and 325 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community, pursuant to which the Commission submitted the proposal to Parliament (C8- 0029/2014),
Amendment 25 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 322 and 325 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Amendment 28 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) It is appropriate to identify and treat distinctly different cases usually referred to as situations of "conflict of interest". The notion of "conflict of interest" should be solely used for cases where an official or agent of a Union institution is in such situation. If an economic operator attempts to unduly influence a procedure or obtain confidential information, this is to be treated as "grave professional misconduct". Finally, economic operators may be in a situation where they cannot implement a contract because of a professional conflicting interest, for instance a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified.
Amendment 30 #
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EU, Euratom) No 966/2012
Article 58 – paragraph 8
Article 58 – paragraph 8
(-1) Article 58(8) is replaced by the following: "8. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the methods of implementation of the budget, including direct management, the exercise of powers delegated to executive agencies, and specific provisions for indirect management with international organisations, with bodies referred to in Articles 208 and 209, with public law bodies or bodies governed by private law with a public service mission, with bodies governed by the private law of a Member State and entrusted with the implementation of a public-private partnership and with persons entrusted with the implementation of specific actions in the CFSP. Non-profit organisations which do not have the status of an international organisation set up by intergovernmental agreements shall not be assimilated to such an international organisation."
Amendment 31 #
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EU, Euratom) No 966/2012
Article 60 – paragraph 3
Article 60 – paragraph 3
(1a) Article 60(3) is replaced by the following: "3. The entities and persons entrusted pursuant to point (c) of Article 58(1) shall prevent, detect and correct irregularities and fraud when executing tasks relating to the implementation of the budget. To this end, they shall carry out, in accordance with the principle of proportionality, ex ante and ex post controls including, where appropriate, on-the-spot checks on representative and/or risk-based samples of transactions, to ensure that the actions financed from the budget are effectively carried out and implemented correctly. They shall also recover funds unduly paid and, bring legal proceedings where necessary in this regard. , and notify the Commission about any fraud case detected."
Amendment 32 #
Proposal for a regulation
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Regulation (EU, Euratom) No 966/2012
Article 66 – paragraph 9 – subparagraph 2
Article 66 – paragraph 9 – subparagraph 2
(1b) The second subparagraph of Article 66(9) is replaced by the following: "The activity report shall indicate the results of the operations by reference to the objectives set, the risks associated with those operations, the use made of the resources provided and the efficiency and effectiveness of internal control systems, including an overall assessment of the costs and benefits of controls. The report shall also include an assessment of the extent to which the operations have contributed to policy achievements and generated Union added value, as well as of the overall performance of those operations."
Amendment 33 #
Proposal for a regulation
Article 1 – point 1 c (new)
Article 1 – point 1 c (new)
Regulation (EU, Euratom) No 966/2012
Article 66 – paragraph 9 – subparagraph 3
Article 66 – paragraph 9 – subparagraph 3
(1c) The third subparagraph of Article 66(9) is replaced by the following: "No later than 15 June each year, the Commission shall send to the European Parliament and the Council a summary of the annual activity reports for the preceding year. The annual activity report of each authorising officer by delegation shall also be made available to the European Parliament and the Council., as well as the annual activity reports of the authorising officers/authorising officers by delegation of the other institutions, offices, bodies and agencies, shall also be made available to the European Parliament and the Council and be published on the website of the respective institution, office, body or agency no later than 30 June each year for the preceding year."
Amendment 35 #
Proposal for a regulation
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Regulation (EU, Euratom) No 966/2012
Article 99 – paragraph 5
Article 99 – paragraph 5
Amendment 36 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 101 – paragraph 7 a (new)
Article 101 – paragraph 7 a (new)
7 a. 'Administrative decision' means a decision of an administrative authority having final and binding effect in accordance with the legal provisions of the country in which the economic operator is established, with those of the Member State of the contracting authority, or with the applicable Union legal provisions.
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 102 – paragraph 2 a (new)
Article 102 – paragraph 2 a (new)
Amendment 40 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EU, Euratom) No 966/2012
Article 104 – paragraph 5
Article 104 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the types of procurement procedures, dynamic purchasing system, joint procurement, low value contracts and payment aga for the award of contracts with reference to their value in comparison to the thresholds referred to in Article 118(1), on a dynamic purchasing system, and on joinst invoicesprocurement.
Amendment 41 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 105 – paragraph 2
Article 105 – paragraph 2
2. In the procurement documents, the contracting authority shall identify the subject matter of the procurement by providing a description of its needs and the characteristics required of the works, supplies or services to be bought and specify the applicable exclusion, selection and award criteria. It shall also indicate which elements define the minimum requirements to be met by all tenders.
Amendment 43 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 1 a (new)
Article 106 – paragraph 1 a (new)
1a. "Professional misconduct" shall mean violation of laws or regulations or of ethical standards of the profession to which the economic operator belongs, as well as any wrongful conduct which has an impact on its professional credibility. Professional misconduct shall only give rise to exclusion where it denotes a wrongful intent or gross negligence. Any of the following conducts are deemed to be grave professional misconduct: (a) misrepresenting information; (b) entering into agreement with other economic operators with the aim of distorting competition; (c) violating intellectual property rights; (d) attempting to influence the decision- making process of the contracting authority during the procedure; (e) attempting to obtain confidential information on the procedure.
Amendment 44 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 1 a (new)
Article 106 – paragraph 1 a (new)
1a. Evidence may include: (a) facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or control made under the responsibility of the contracting authority; (b) administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics, decisions of the ECB, the EIB, international organisations, or the Commission relating to the infringement of the Union's competition rules or decisions of a national competent authority.
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 3 – subparagraph 1
Article 106 – paragraph 3 – subparagraph 1
3. Except for cases provided for in point (d) of paragraph 1, the contracting authoritypanel may decide not to exclude the economic operator concerned where it has taken remedial measures to demonstrate its reliability.
Amendment 46 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 3 – subparagraph 2 a (new)
Article 106 – paragraph 3 – subparagraph 2 a (new)
The contracting authority shall report annually to the European Parliament and the Council, in accordance with the provisions of Title IX, on any decisions it has taken pursuant to the second subparagraph.
Amendment 47 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 7
Article 106 – paragraph 7
7. The contracting authority may also verify whether a subcontractor is not in a situation of exclusion listed in paragraph 1 of this Article or is in one of the cases referred to in paragraph 3 of this Articleapply paragraphs 1 to 3 to a subcontractor of the economic operator, and shall require that a candidate or tenderer replaces a subcontractor or an entity on whose capacity it intends to rely, which is in an exclusion situation.
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 107 – paragraph 1 a (new)
Article 107 – paragraph 1 a (new)
1 a. Before taking a decision to reject an economic operator from a given procedure, the contracting authority shall give the economic operator the opportunity to submit its observations, unless the rejection has been justified, in accordance with point (a) of paragraph 1, by an exclusion decision taken with regard to the economic operator, following the examination of its observations.
Amendment 49 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 2 – subparagraph 1 – point a
Article 108 – paragraph 2 – subparagraph 1 – point a
(a) by OLAF in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council* where an OLAF investigation in progress shows that it might be appropriate to take precautionary measures to protect the financial interests of the Union, with due regard to the respect for procedural and fundamental rights, and to the protection of whistleblowers;
Amendment 50 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 2 – subparagraph 1 – point b
Article 108 – paragraph 2 – subparagraph 1 – point b
(b) by an authorising officer of the Commission or of an executive agency in case of presumed grave professional misconduct, irregularity, fraud, corruption or serious breach of contract;
Amendment 51 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 2 – subparagraph 1 – point c
Article 108 – paragraph 2 – subparagraph 1 – point c
(c) by another institution, body or a European office in case of presumed grave professional misconduct, irregularity, fraud, corruption or serious breach of contract.
Amendment 52 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 3 – subparagraph 1 – introductory part
Article 108 – paragraph 3 – subparagraph 1 – introductory part
3. For the situations referred to in points (b), (d), (e) and (f) of Article 106(1), a panel shall be set up by the Commission at the request of an authorising officer of the Commission or of an executive agency or a joint panel at the request of another institution, body or European office. The panel shall appoint a standing high-level board and be composed of members with technical and legal competences. The Commission shall ensure that the panel can work independently. The panel, on behalf of the Commission and its executive agencies, other institutions, bodies or European offices, shall apply the following procedure:
Amendment 53 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 3 – subparagraph 1 – point c
Article 108 – paragraph 3 – subparagraph 1 – point c
(c) where the request of the authorising officer is based, inter alia, on the information provided by OLAF, the Office shall cooperate with the panel in accordance with Regulation (EU, Euratom) No 883/2013, with due regard to respect for procedural and fundamental rights, and to the protection of whistleblowers;
Amendment 54 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 3 – subparagraph 1 – point f
Article 108 – paragraph 3 – subparagraph 1 – point f
(f) the panel may take an exclusion decision including as regards the duration of the exclusion and/or may impose a financial penalty on the basis of evidence and information received taking into account the principle of proportionality; the financial penalty shall represent between 2 % and 10 % of the total value of the contract, without prejudice to the application of liquidated damages or other contractual penalties;
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 5 – subparagraph 1 – introductory part
Article 108 – paragraph 5 – subparagraph 1 – introductory part
5. TWhere the conduct of economic operators has been detrimental to the Union's financial interests, the authorities of the Member States and third countries as well as the ECB, the EIB, the European Investment Fund and the entities participating in the implementation of the budget in accordance with Articles 58 and 61 shall:
Amendment 56 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 5 – subparagraph 2 a (new)
Article 108 – paragraph 5 – subparagraph 2 a (new)
2 a. Where the budget is implemented in indirect management with third countries, the Commission may take an exclusion decision or impose a financial penalty in accordance with the procedure referred to in paragraph 3, following the failure of the third country entrusted pursuant to point (c) of Article 58(1) to do so. This does not affect the responsibility, under Article 60(3), of the third country to prevent, detect and correct irregularities and fraud.
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 8
Article 108 – paragraph 8
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the Union’s system for the protection of the Union's financial interests, including its standardised procedures and the details subject to publication, the time limits to exclude, the organisation of the panel, the criteria for membership of the panel, the selection process for members of the panel, the prevention and management of conflicts of interest of members of the panel, the duration of exclusion and financial penalties.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 110 – paragraph 1 – point c a (new)
Article 110 – paragraph 1 – point c a (new)
(ca) the candidate or tenderer is not subject to conflicting interests which may negatively affect the performance of the contract.
Amendment 59 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 110 – paragraph 2
Article 110 – paragraph 2
2. The contracting authority shall base the award of contracts on the most economically advantageous tender in accordance with Article 67 of Directive 2014/24/EU.
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 110 – paragraph 2 a (new)
Article 110 – paragraph 2 a (new)
2 a. The contracting authority may decide not to award a contract to the tenderer submitting the most economically advantageous tender where it has established that the tender does not comply with the applicable environmental, social and labour law obligations established by Union or national legislation, collective agreements or the international environmental, social and labour conventions listed in Annex X to Directive 2014/24/EU.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 115 – paragraph 1 – point c
Article 115 – paragraph 1 – point c
(c) ensure full performance of the contract after payment of the balanceduring the contract liability period.
Amendment 63 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 5 – subparagraph 2 a (new)
Article 108 – paragraph 5 – subparagraph 2 a (new)
Where the budget is implemented in indirect management with third countries, the Commission may take an exclusion decision or impose a financial penalty in accordance with the procedure referred to in paragraph 3, following the failure of the third country entrusted pursuant to point (c) of Article 58(1) to do so. This does not affect the responsibility, under Article 60(3), of the third country to prevent, detect and correct irregularities and fraud.
Amendment 64 #
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU, Euratom) No 966/2012
Article 114a – paragraph 2
Article 114a – paragraph 2
2. The contracting authority may modify a contract or framework contract substantially without a procurement procedure only in cases provided for in paragraph [2a] or in the delegated acts adopted pursuant to this Regulation and provided the substantial modification does not alter the subject matter or overall nature of the contract or framework contract.
Amendment 65 #
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU, Euratom) No 966/2012
Article 114a – paragraph 2 a (new)
Article 114a – paragraph 2 a (new)
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU, Euratom) No 966/2012
Article 118 – paragraph 2
Article 118 – paragraph 2
2. Subject to exceptions and conditions to be specified in the delegated acts adopted pursuant to this Regulation, in the case of contracts above the thresholds set out in paragraph 1, the contracting authority shall not sign the contract or framework contract with the successful tenderer until a standstill period has elapsed. Contracts signed before the end of the standstill period shall be void.
Amendment 67 #
Proposal for a regulation
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Regulation (EU, Euratom) No 966/2012
Article 139 – paragraph 5
Article 139 – paragraph 5
(10a) Article 139(5) is replaced by the following: "5. Where financial instruments are implemented under shared management with Member States, the provisions applying to those instruments, including rules for contributions to financial instruments managed directly or indirectly in accordance with this Title, shall be laid down in the Regulations referred to in Article 175. Notwithstanding the foregoing, Article 140(8) shall also apply to financial instruments under shared management."
Amendment 68 #
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 162 – paragraph 1
Article 162 – paragraph 1
(11a) Article 162(1) is replaced by the following: "1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 30 June, any observations which are, in its opinion, such that they should appear in the annual report. Those observations shall remain confidential and shall be subject to an adversarial procedure. They shall nevertheless be made available to the European Parliament on request, if appropriate, on a confidential basis. Each institution shall address its reply to the Court of Auditors by 15 October. The replies of institutions other than the Commission shall be sent to the Commission at the same time."
Amendment 70 #
Proposal for a regulation
Article 1 – point 11 b (new)
Article 1 – point 11 b (new)
Regulation (EU, Euratom) No 966/2012
Article 163 – paragraph 1
Article 163 – paragraph 1
11b. Article 163(1) is replaced by the following: "1. The Court of Auditors shall transmit to the institution or the body concerned any observations which are, in its opinion, such that they should appear in a special report. Those observations shall remain confidential and shall be subject to an adversarial procedure. The institution or the body concerned shall inform the Court of Auditors, within two and a half monthin general within five weeks of transmission of those observations, of any replies it wishes to make in relation to those observations. The Court of Auditors shall adopt the definitive version of the special report the month following receipt of the replies made by the institution or body concernedreplies of the institution or the body concerned shall directly and exclusively address those observations. The Court of Auditors shall ensure that special reports are drawn up and adopted within an appropriate period of time, which shall, in general, not exceed 12 months. The special reports, together with the replies of the institutions or bodies concerned, shall be transmitted without delay to the European Parliament and the Council, each of which shall decide, where appropriate in conjunction with the Commission, what action is to be taken in response. The Court of Auditors shall take all necessary steps to ensure that the replies to its observations from each institution or body concerned, as well as the timeline for the drawing up of the special report, are published together with the special report."
Amendment 72 #
Proposal for a regulation
Article 1 – point 11 c (new)
Article 1 – point 11 c (new)
Regulation (EU, Euratom) No 966/2012
Article 164
Article 164
11c. Article 164 is replaced by the following: "1. The European Parliament, upon a recommendation from the Council acting by qualified majority, shall, before 15 May of year n + 2, give a discharge to the Commission in respect of the implementation of the budget for year n to the Union institutions and the bodies referred to in Articles 208 and 209. 2. If the date provided for in paragraph 1 cannot be met, the European Parliament or the Council shall inform the Commissioninstitutions and bodies concerned of the reasons for the postponement. 3. If the European Parliament postpones the decision giving a discharge, the Commissioninstitutions and bodies concerned shall make every effort to take measures, as soon as possible, to remove or facilitate removal of the obstacles to that decision."
Amendment 73 #
Proposal for a regulation
Article 1 – point 11 d (new)
Article 1 – point 11 d (new)
Regulation (EU, Euratom) No 966/2012
Article 165 – paragraph 3
Article 165 – paragraph 3
Amendment 74 #
Proposal for a regulation
Article 1 – point 11 e (new)
Article 1 – point 11 e (new)
Regulation (EU, Euratom) No 966/2012
Article 166
Article 166
11e. Article 166 is replaced by the following: "1. In accordance with Article 319 TFEU and Article 106a of the Euratom Treaty, the Commission and the other institutions and bodies shall take all appropriate steps to act on the observations accompanying the European Parliament’s discharge decision and on the comments accompanying the recommendation for discharge adopted by the Council. 2. At the request of the European Parliament or the Council, the institutions and bodies shall report on the measures taken in the light of those observations and comments, and, in particular, on the instructions they have given to any of their departments which are responsible for the implementation of the budget. The Member States shall cooperate with the Commission by informing it of the measures they have taken to act on those observations so that the Commission may take them into account when drawing up its own report. The reports from the institutions shall also be transmitted to the Court of Auditors."