23 Amendments of Marian-Jean MARINESCU related to 2018/0136(COD)
Amendment 49 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'government entity' means allny public authoritiesy at all levels of government, including national, regional and local authorities, as well as Member State organisations within the meaning of [point 42 of Article 2] of Regulation (EU, Euratom) No […] (the ‘Financial Regulation’).
Amendment 132 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate measures shallmay be taken, by the government entities at the request of the Commission, where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensuring the proper functioning of the authorities of that Member State implementing the Union budget, in particular in the context of public procurement or grant procedures, and when carrying out monitoring and controls;
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ensuring the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, corruption or other breaches of Union law relating to the implementation of the Union budget;
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) theimplementing an effective judicial review by independent courts of actions or omissions by the authorities referred to in points (a) and b);
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ensuring the prevention and sanctioning of fraud, corruption or other breaches of Union law relating to the implementation of the Union budget, and the imposition of effective and dissuasive penalties on recipients by national courts or by administrative authorities;
Amendment 146 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) assuring the recovery of funds unduly paid;
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) providing the effective and timely cooperation with the European Anti-fraud Office and with the European Public Prosecutor’s Office in their investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation.
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 1
Article 4 – paragraph 1 – point a – point 1
(1) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article [131(3)] of the Financial Regulation for/with the respective government entity;
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2
Article 4 – paragraph 1 – point a – point 2
(2) a prohibition to enter into new legal commitments for the respective government entity;
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1
Article 4 – paragraph 1 – point b – point 1
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 2
Article 4 – paragraph 1 – point b – point 2
(2) a suspension of commitments for one program;
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3
Article 4 – paragraph 1 – point b – point 3
(3) a reduction of commitments, for one programme, including through financial corrections or transfers to other spending programmes from the same Member State;
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
Article 4 – paragraph 1 – point b – point 4
(4) a reduction of pre-financing for one program;
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 5
Article 4 – paragraph 1 – point b – point 5
(5) an interruption of payment deadlines for one program;
Amendment 184 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6
Article 4 – paragraph 1 – point b – point 6
(6) a suspension of payments for one program.
Amendment 212 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission, after a period of evaluation of the effects of the application of the remedial measures, considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council.
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Council, acting by a qualified majority, may adopt the proposal of the Commission or may amend the Commission’s proposal and adopt the amended text as a Council decision.
Amendment 236 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assess, by one month from the date of receiving the Member State request, the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6 and 78 of Article 5 shall apply.