37 Amendments of Jean-Pierre AUDY related to 2013/0244(NLE)
Amendment 33 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApproveCommends the Commission proposal as amended;
Amendment 34 #
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 44 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission's internal auditor should exercise the same powers over the Clean Sky 2 Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 47 #
Proposal for a regulation
Recital 17
Recital 17
(17) 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 set up under Article 209 of 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 the above- mentioned opinion, which does not constitute an audit, the accounts of the Clean Sky 2 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 the Member States of the European Free Trade Area (EFTA), to the Clean Sky 2 Joint Undertaking, to cover administrative costs and operational costs, shall be EUR 1,8 billion. 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 Article 58(1)(c)(iv), Article 60 and Article 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation.
Amendment 64 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) in-kind contributions for additional activities of at least EUR 990 million over the period defined in Article 1 by the members other than the Union or their affiliated entities, consisting of the costs incurred by them in implementing additional activities outside the work plan of the Clean Sky 2 Joint Undertaking contributing to the objectives of the Clean Sky Joint Technology Initiative. Other Union funding programmes may support those costcomplement those activities in compliance with the applicable rules and procedures. In such cases, Union financing shall not substitute for the in-kind contributionadditional activities from the Members other than the Union or their affiliated entities.
Amendment 65 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The costs referred to in point (b) shall not be eligible for financial support by the Clean Sky 2 Joint Undertaking. The corresponding activities shall be set out in an additional activities plan that shall indicate the estimated value of those contributions.
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The members of the Clean Sky 2 Joint Undertaking other than the Union shall report each year by 31 January to the Governing Board of the Clean Sky 2 Joint Undertaking on the value of the contributions referred to in paragraph 2 made in each of the previous financial yearsprivate Members shall update and inform on the Declaration of additional activities when needed and at least two times during the Clean Sky 2 Programme duration.
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. For the purpose of valuing the contributions referred to in point (b) of paragraph 2 and clause 15(3)(b) of the Statutes set out in Annex I, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation of the contributions shall be verified by the Clean Sky 2 Joint Undertaking. In case of remaining uncertainties, it mayThe costs incurred in additional activities shall not be audited by the Clean Sky 2 Joint Undertaking or by any other Union body.
Amendment 72 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 75 #
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(1) of the Staff Regulations and 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 is authorised to sub-delegate those powers. The Executive Director shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 76 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 77 #
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 Clean Sky 2 Joint Undertaking and its staff.
Amendment 78 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the event of non-contractual liability, the Clean Sky 2 Joint Undertaking shall make good any damage caused by its staff and members of the Governing Board in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
Amendment 79 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 80 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 83 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union contribution tof the Clean Sky 2 Joint Undertaking shall be part of the discharge given by the European Parliament, upon on the recommendation of the Council, to the Commission following accordance with the procedure procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 85 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 86 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result. If they fail to meet this obligation and to inform OLAF of instances of fraud known to them, they shall become personally liable for the consequences thereof.
Amendment 91 #
Proposal for a regulation
Annex 1 – part 1 – point a
Annex 1 – part 1 – point a
(a) 'Associate' means a legal entity that has been selected under Regulation (EC) No 71/2008 and has accepted the present Statutes by signing a letter of endorsementfollowing deliberation by the body responsible for its governance and whose membership shall be terminated as soon as the actions initiated under Regulation (EC) No 71/2008 in which it is involved end, and at the latest on 31 December 2017;
Amendment 92 #
Proposal for a regulation
Annex 1 – part 1 – point b
Annex 1 – part 1 – point b
(b) 'Core Partner' means a legal entity participating in an ITD or IADP or in Transverse Activities that has been selected following a call as set out in clause 4(2) and has accepted the present Statutes by signing a letter of endorsementfollowing deliberation by the body responsible for its governance;
Amendment 97 #
Proposal for a regulation
Annex 1 – part 3 – point 1 – point b
Annex 1 – part 3 – point 1 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsementfollowing deliberation by the body responsible for its governance, the Leaders and the Associates as listed in Annex II to this Regulation, and the Core Partners to be selected in accordance with clause 4(2).
Amendment 100 #
Proposal for a regulation
Annex 1 – part 4 – point 3
Annex 1 – part 4 – point 3
3. Any member may terminate its membership to the Clean Sky 2 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 Clean Sky 2 Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the Clean Sky 2 Joint Undertaking.
Amendment 101 #
Proposal for a regulation
Annex 1 – part 4 – point 4
Annex 1 – part 4 – point 4
4. Membership of the Clean Sky 2 Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 104 #
Proposal for a regulation
Annex 1 – part 7 – point 1
Annex 1 – part 7 – point 1
1. The Commission representative shall hold 50 % of the voting rights. The vote of the Commission shall be indivisible. Each other representative shall hold an equal number of votes. The representatives shall use their best endeavours to achieve consensus. Failing consensus, the Governing Board shall take decisions by a majority of at least 75% of allEach individual member of the Governing Board shall have one equal vote. Governing Board shall make decisions by a two-thirds majority of all eligible votes. The Governing Board decides with a two- third majority whenever the decision can not be taken by consensus. Eligible votes, including the votes ofe all members, even those whoich are not in attendance. The Commission shall hold veto right.
Amendment 106 #
Proposal for a regulation
Annex 1 – part 8 – point 2 – point f
Annex 1 – part 8 – point 2 – point f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 107 #
Proposal for a regulation
Annex 1 – part 8 – point 2 – point t a (new)
Annex 1 – part 8 – point 2 – point t a (new)
Amendment 108 #
Proposal for a regulation
Annex 1 – part 9 – point 1 – subparagraph 1
Annex 1 – part 9 – point 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 Clean Sky 2 Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object.
Amendment 109 #
Proposal for a regulation
Annex 1 – part 9 – point 6
Annex 1 – part 9 – point 6
6. The Executive Director may be dismissremoved only upon a decision of the Governing Board acting on a proposal from the Commission associating the private members as appropriate.
Amendment 110 #
Proposal for a regulation
Annex 1 – part 10 – point 4 – introductory part
Annex 1 – part 10 – point 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 111 #
Proposal for a regulation
Annex 1 – part 10 – point 4 – point c
Annex 1 – part 10 – point 4 – point c
(c) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 112 #
Proposal for a regulation
Annex 1 – part 10 – point 4 – point v a (new)
Annex 1 – part 10 – point 4 – point v a (new)
(va) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body to be entrusted with the task of submitting an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council;
Amendment 136 #
Proposal for a regulation
Annex 1 – part 18 – paragraph -1 (new)
Annex 1 – part 18 – paragraph -1 (new)
Should any member of the Clean Sky 2 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 defaulter's membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 138 #
Proposal for a regulation
Annex 1 – part 20 – point 4
Annex 1 – part 20 – point 4
4. The accounts of Clean Sky 2 Joint Undertaking shall be examined by an independent audit body as laid down inthe Court of Auditors as part of the discharge procedure. In its deliberations, the Court shall take account of the findings of the independent audit body required to deliver an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012. of the European Parliament and the Council;
Amendment 143 #
Proposal for a regulation
Annex 1 – part 20 – point 4 – subparagraph 2
Annex 1 – part 20 – point 4 – subparagraph 2
Amendment 147 #
Proposal for a regulation
Annex 1 – part 23 – point 2
Annex 1 – part 23 – point 2
2. The Governing Board mayshall adopt rules to prevent and manage conflicts of interest applicable to 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 24 – point 4
Annex 1 – part 24 – point 4
4. When the Clean Sky 2 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 Clean Sky 2 Joint Undertaking. Any such surplus distributed to the Union shall be returned to the specific programme implementing the Horizon 2020 Framework Programme, within the Union budget.