30 Amendments of Jean-Pierre AUDY related to 2013/0241(NLE)
Amendment 12 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovesGives a favourable opinion on the Commission proposal as amended;
Amendment 13 #
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal as amended;
Amendment 37 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Commission’s internal auditor should exercise the same powers over the BBI Joint Undertaking as those exercised in respect of the Commission. A corresponding arrangement should apply to the Court of Auditors and the European Parliament.
Amendment 39 #
Proposal for a regulation
Recital 28
Recital 28
(28) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding that opinion, which does not constitute an audit, the accounts of the BBI Joint Undertaking should not be subject to examination by the Court of Auditors.
Amendment 55 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The maximum Union contribution, including EFTA appropriationscontributions from member states of the European Free Trade Association (EFTA), to the BBI Joint Undertaking to cover administrative costs and operational costs shall be EUR 1 000 million. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation.
Amendment 63 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2 paragraph 1(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director ishall be authorised to sub-delegate those powers. The Executive Director shall report at the next meeting of the Governing Board on the exercise of the powers thus delegated or sub-delegated.
Amendment 64 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the Union shall apply to the Executive Director and members of the Governing Board of the BBI Joint Undertaking and its staff.
Amendment 66 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the BBI Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff and members of the Governing Board in the performance of their duties.
Amendment 67 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 68 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 74 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budgetin respect of implementation with regard to the Union contribution toof the budget of the BBI Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with thea procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and in Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council; it shall be given on the basis of the audit report of the Court of Auditors.
Amendment 76 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a If the European Parliament refuses to give discharge, the Executive Director shall tender his or her resignation to the Governing Board, which shall determine, according to the circumstances, what final decision is to be taken.
Amendment 77 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. Members of the staff of the Joint Undertaking, the Executive Director, and members of the Governing Board shall, without delay and without incurring any personal liability in so doing, report such fraud as might have come to their knowledge in the performance of their duties or office in OLAF. Should they fail to fulfil the above obligation, they shall become personally liable for the consequences of the fraud which came to their knowledge and which they did not report to OLAF.
Amendment 87 #
Proposal for a regulation
Annex 1 – part 2 – paragraph 1 – point b
Annex 1 – part 2 – paragraph 1 – point b
(b) upon acceptance of these Statutes, by means of a letter of endorsementdecision of its governance body, the Bio- based Industries Consortium Aisbl (hereinafter referred to as BIC), a non- profit organization established under Belgium law (registration number: 0521- 857-822), with its permanent office in Brussels, Belgium
Amendment 91 #
Proposal for a regulation
Annex 1 – part 3 – paragraph 3
Annex 1 – part 3 – paragraph 3
3. The Governing Board shall assess the application taking into account the relevance and the potential added value of the applicant for the achievement of the objectives of the BBI Joint Undertaking. It shall then decide on the application. and, without delay, notify its decision to the Commission, which, if the application has been accepted, shall have the right to object to the applicant’s membership except where the applicant is a Union Member State.
Amendment 94 #
Proposal for a regulation
Annex 1 – part 3 – paragraph 4
Annex 1 – part 3 – paragraph 4
4. Any Member may terminate its membership tof the BBI Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Member shall be discharged from any obligations other than those approved or incurred by the BBI Joint Undertaking prior to terminating the membership. In the event of withdrawal, the outgoing Member and the BBI Joint Undertaking shall set up an account to settle outstanding financial obligations.
Amendment 95 #
Proposal for a regulation
Annex 1 – part 3 – paragraph 5
Annex 1 – part 3 – paragraph 5
5. Membership of the BBI Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. That agreement shall be notified to the Commission, which shall have the right to object.
Amendment 105 #
Proposal for a regulation
Annex 1 – part 7 – paragraph 2 – point f
Annex 1 – part 7 – paragraph 2 – point f
(f) appoint, dismiss, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;Does not affect English version.)
Amendment 109 #
Proposal for a regulation
Annex 1 – part 7 – paragraph 2 – point t a (new)
Annex 1 – part 7 – paragraph 2 – point t a (new)
(ta) on the basis of a public invitation to tender, appoint the independent audit body which shall be called upon to deliver the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.
Amendment 110 #
Proposal for a regulation
Annex 1 – part 8 – paragraph 1 – subparagraph 1
Annex 1 – part 8 – paragraph 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other Members of the BBI Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object.
Amendment 111 #
Proposal for a regulation
Annex 1 – part 8 – paragraph 6
Annex 1 – part 8 – paragraph 6
Amendment 112 #
Proposal for a regulation
Annex 1 – part 9 – paragraph 4 – introductory part
Annex 1 – part 9 – paragraph 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 113 #
Proposal for a regulation
Annex 1 – part 9 – paragraph 4 – point c
Annex 1 – part 9 – paragraph 4 – point c
(c) submit for approvaldraw up the annual accounts with a view to their submission to the Governing Board the annual accountsfor approval;
Amendment 115 #
Proposal for a regulation
Annex 1 – part 9 – paragraph 4 – point m a (new)
Annex 1 – part 9 – paragraph 4 – point m a (new)
(ma) organise the public invitation to tender on the basis of which the Governing Board shall appoint the independent audit body to be called upon to deliver the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.
Amendment 137 #
Proposal for a regulation
Annex 1 – part 13 – paragraph 1 a (new)
Annex 1 – part 13 – paragraph 1 a (new)
Should any Member of the BBI Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member’s membership is to be revoked or if any other measures are to be taken until its obligations have been met. As an initial step, after the Member has been heard and a regularisation procedure proposed, the voting rights of any Member failing to meet its obligations may be suspended by the Governing Board.
Amendment 139 #
Proposal for a regulation
Annex 1 – part 16 – paragraph 4 – subparagraph 1
Annex 1 – part 16 – paragraph 4 – subparagraph 1
4. The accounts of the BBI Joint Undertaking shall be examined by an independent audit body as laid downthe Court of Auditors under the discharge procedure. In its proceedings the Court shall take into consideration those of the independent audit body to be called upon to deliver the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.
Amendment 144 #
Proposal for a regulation
Annex 1 – part 16 – paragraph 4 – subparagraph 2
Annex 1 – part 16 – paragraph 4 – subparagraph 2
Amendment 147 #
Proposal for a regulation
Annex 1 – part 19 – paragraph 2
Annex 1 – part 19 – paragraph 2
2. The BBI Joint Undertaking Governing Board mayshall adopt rules for the prevention and management of conflicts of interest in respect of its Members, bodies and staff. In those rules provision shall be made to avoid a conflict of interest for the representatives of the Members serving in the Governing Board.
Amendment 149 #
Proposal for a regulation
Annex 1 – part 20 – paragraph 4
Annex 1 – part 20 – paragraph 4
4. When the BBI Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the BBI Joint Undertaking. Any such surplus distributed to the Union shall be returned to the Specific Programme implementing the Horizon 2020 Framework Programme under the Union budget.