Activities of Jean-Pierre AUDY related to 2013/0445(NLE)
Shadow reports (1)
REPORT on the proposal for a Council regulation establishing the Shift2Rail Joint Undertaking PDF (337 KB) DOC (423 KB)
Amendments (28)
Amendment 25 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 50 #
Proposal for a regulation
Recital 21
Recital 21
(21) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may precludview of the specific nature and the current status of the Joint Undertakings, and in order to ensure continuity with the 7the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Framework Programme, the Joint Undertakings should continue to be subject to a separate discharge. By way of derogation from Articles 60(5)7) and 209 of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies 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 that the accounts of the S2R Joint Undertaking should not be subject to examinatiodischarge for the implementation of the budget of the S2R Joint Undertaking should therefore be given by the European Parliament on the recommendation of the Council. Hence, the reporting requirements set out in Article 60(5) should not apply to the contribution of the Union to the S2R Joint Undertaking but they should be aligned to the extent possible to the ones foreseen for bodies under Article 208 of Regulation (EU, Euratom) No 966/2012. The auditing of accounts and of the legality and regularity of the underlying transactions should be undertaken by the Court of Auditors.
Amendment 71 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The maximum Union financial contribution to the Shift2Rail initiative shall be EUR 450 million, including EFTAthe contributions from the Member States of the European Free Trade Association (EFTA), 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. This amount includes:
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 82 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the S2R 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 or members of the Governing Board in the performance of their duties.
Amendment 88 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. TBy way of derogation from Articles 60(7) and 209 of Regulation No 966/2012, the discharge of the budget implementation with regard to the Union contribution to the S2R Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with the procedure provided for in Article 319 of the Treaty.the financial rules of the S2R Joint Undertaking
Amendment 92 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to clause 19(4) of the Statutes set out in Annex I, tThe S2R Joint Undertaking shall grant Commission staff and other persons authorised by the S2R Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.
Amendment 93 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. 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.
Amendment 95 #
Proposal for a regulation
Annex 1 – part 1 – point 1
Annex 1 – part 1 – point 1
1. 'Associated Member' means a legal entity or a grouping or consortium of legal entities, established in a Member State or in a country associated to the Horizon 2020 Framework Programme, that has been selected according to the procedure set out in clause 4(2), that fulfils the conditions set out in clauses 4(3) and 4(4), and that has accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for its governance;
Amendment 96 #
Proposal for a regulation
Annex 1 – part 1 – point 2
Annex 1 – part 1 – point 2
2. 'Founding Member other than the Union' refers to the contributors listed in Annex II, having individually committed to an own contribution of at least EUR 30 million for the duration of the S2R Joint Undertaking and accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for its governance;
Amendment 102 #
Proposal for a regulation
Annex 1 – part 1 – point 3 – point c
Annex 1 – part 1 – point 3 – point c
(c) Cost-efficient and Reliable High CapacityTrains, including High Capacity Trains and High Speed Infrastructure;
Amendment 113 #
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 endorsement, following a decision by the body responsible for its governance, the Founding Members of the S2R Joint Undertaking other than the Union, listed in Annex II to this Regulation, as well as the Associated Members to be selected in accordance with clause 4. These members shall jointly be referred to as the members other than the Union.
Amendment 114 #
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 endorsement following a decision by the body responsible for its governance, the Founding Members of the S2R Joint Undertaking other than the Union, listed in Annex II to this Regulation, as well as the Associated Members to be selected in accordance with clause 4. These members shall jointly be referred to as the members other than the Union.
Amendment 115 #
Proposal for a regulation
Annex 1 – part 3 – point 2 a (new)
Annex 1 – part 3 – point 2 a (new)
2 a. Should any member of S2R 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. 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 116 #
Proposal for a regulation
Annex 1 – part 4 – point 2
Annex 1 – part 4 – point 2
2. The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call. The first call for Associated Members shall be launched within three months at the latest following the establishment of the S2R Joint Undertaking. Any additional calls shall be driven by the need for key capabilities to implement the S2R Master Plan. All calls shall be published on the S2R websi launched by the Commission and subject to a transparent evaluation by the Governing Board. This evaluation selection shall take into account, inter and communicated through the States Representatives Grouplia, the relevance and other channels in order to ensure the widest possible participation in the interest of the achievement of the objectives of the S2R Master Plan. The S2R Joint Undertaking shall encourage the participation of SMEs, and of actors from the entire rail value chain, as well as from outside the traditional rail sector potential added value of the applicant for the achievement of the objectives of the S2R Joint Undertaking, the financial soundness of the applicant, and any potential conflicts of interest regarding the objectives of S2R.
Amendment 117 #
Proposal for a regulation
Annex 1 – part 4 – point 2
Annex 1 – part 4 – point 2
2. The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call. The first call for Associated Members shall be launched within three months at the latest following the establishment of the S2R Joint Undertaking. Any additional calls shall be driven by the need for key capabilities to implement the S2R Master Plan. All calls shall be published on the S2R website and communicated through the States Representatives Group launched by the Commission and subject to a transparent evaluation by the Governing Board. This evaluation shall takes into account, inter alia, the relevance and other channels in order to ensure the widest possible participation in the interest of the achievement of the objectives of the S2R Master Plan. The S2R Joint Undertaking shall encourage the participation of SMEs, and of actors from the entire rail value chain, as well as from outside the traditional rail sector potential added value of the applicant for the achievement of the objectives of the S2R Joint Undertaking, the financial soundness of the applicant, and potential conflicts of interest regarding the objectives of S2R.
Amendment 118 #
Proposal for a regulation
Annex 1 – part 4 – point 2 a (new)
Annex 1 – part 4 – point 2 a (new)
2 a. Taking into account the results of the evaluation, the Commission shall make the final decision with a view to ensuring geographical balance, as well as balanced participation of SMEs, of the research community and of actors from the entire rail value chain, including from outside the traditional rail sector.
Amendment 119 #
Proposal for a regulation
Annex 1 – part 4 – point 2 a (new)
Annex 1 – part 4 – point 2 a (new)
2 a. Taking into account the results of the evaluation, the Commission shall make the final decision with a view to ensuring geographical balance, as well as balanced participation of SMEs, of the research community and of actors from the entire rail value chain, including from outside the traditional rail sector.
Amendment 122 #
Proposal for a regulation
Annex 1 – part 4 – point 5
Annex 1 – part 4 – point 5
5. Any member may terminate its membership to the S2R 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 S2R 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 S2R.
Amendment 123 #
Proposal for a regulation
Annex 1 – part 4 – point 6
Annex 1 – part 4 – point 6
6. Membership of the S2R Joint Undertaking may not be transferred to a third party without the prior and unanimous agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 126 #
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point c
Annex 1 – part 6 – paragraph 1 – point c
(c) at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). TheseAssociated Member fulfilling, as a single legal entity, the criteria listed in clause 1(2) shall be represented in the Governing Board. The other representatives wishall be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector.
Amendment 127 #
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point c
Annex 1 – part 6 – paragraph 1 – point c
(c) at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). TheseAssociated Member fulfilling, as a single legal entity, the criteria listed in clause 1(2) shall be represented in the Governing Board. The other representatives wishall be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector.
Amendment 141 #
Proposal for a regulation
Annex 1 – part 9 – point 1
Annex 1 – part 9 – point 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 European Parliament shall be entitled to object.
Amendment 161 #
Proposal for a regulation
Annex 1 – part 19 – point 2 – introductory part
Annex 1 – part 19 – point 2 – introductory part
2. By 15 February of eachWithin two months of the closure of each financial year, the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the S2R Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall include, inter alia, information on the following matters:
Amendment 162 #
Proposal for a regulation
Annex 1 – part 19 – point 2 – point c a (new)
Annex 1 – part 19 – point 2 – point c a (new)
(c a) (a) progress towards the achievement of the S2R objectives (as defined in Article 2(2)) and proposals for further necessary work to achieve these objectives.
Amendment 163 #
Proposal for a regulation
Annex 1 – part 19 – point 3
Annex 1 – part 19 – point 3
Amendment 166 #
Proposal for a regulation
Annex 1 – part 19 – point 4 – introductory part
Annex 1 – part 19 – point 4 – introductory part
4. The accounts of the S2R Joint Undertaking shall be examined by an independent audit body as laid down in1. By 1 March of the following financial year, the accounting officer of the S2R Joint Undertaking shall send the provisional accounts to the Commission's accounting officer and the Court of Auditors. By 31 March of the following financial year, the S2R Joint Undertaking shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors. On receipt of the Court of Auditors' observations on the S2R Joint Undertaking's provisional accounts pursuant to Article 148 of Regulation (EU, Euratom) No 966/2012, the accounting officer shall draw up the S2R Joint Undertaking's final accounts and the Executive Director shall submit them to the Governing Board for an opinion. The Governing Board shall deliver an opinion on the S2R Joint Undertaking's final accounts. The Executive Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Governing Board's opinion. The final accounts shall be published in the Official Journal of the European Union by 15 November of the following year. The Executive Director shall send the Court of Auditors a reply to its observations made in its annual report by 30 September. The Executive Director shall also send this reply to the Governing Board. The Executive Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 60(5165(3) of Regulation (EU, Euratom) No 966/2012.
Amendment 167 #
Proposal for a regulation
Annex 1 – part 19 – point 4 – paragraph 1
Annex 1 – part 19 – point 4 – paragraph 1