1598 Amendments of Monica MACOVEI
Amendment 1 #
2014/2817(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to its interim resolution of 15 September 2011 containing the European Parliament’s recommendations to the Council, the Commission and the EEAS on the negotiations between the EU and the Republic of Moldova (Moldova) on the Association Agreement1 , __________________ 1 Texts adopted, P7_TA(2011)0385.
Amendment 5 #
2014/2817(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in the last few years, due to the political determination of its government, the Republic of Moldova has made significant progress in reforms and in strengthening relations with the EU;
Amendment 6 #
2014/2817(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in the last few years the Republic of Moldova has made significant progress in reforms and in strengthening relations with the EU; (This amendment applies throughout the text.)
Amendment 16 #
2014/2817(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EaP has created a meaningful political framework for deepening relations, accelerating political association and furthering economic integration between the EU and Moldova - two entities linked by strong geographical, historical and cultural ties - by supporting political and socio-economic reforms and facilitating approximation, particularly in the light of Russia's economic sanctions and destabilizing actions against the Republic of Moldova;
Amendment 20 #
2014/2817(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the conclusion of the Association Agreement is not an end in itself, but is part of a broader process of bringing Moldova into the European mainstream economically, politically and sociallyEuropean integration process of the Republic of Moldova, and, to this end, implementation is essential;
Amendment 32 #
2014/2817(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Draws attention to the fact that at present only four Member States have ratified the Agreement; urges the remaining Member States to complete the ratification procedure of the Agreement as soon as possible and at the latest by the end of 2014;
Amendment 37 #
2014/2817(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the Agreement covers the entire territory of the Republic of Moldova, including Gagauzia and Transnistria, and is for the benefit of the whole population; calls on Moldova to ensure that the reforms are anchored and deeply rooted in the institutional framework;
Amendment 51 #
2014/2817(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes with satisfaction the progress made by the Republic of Moldova's authorities in carrying out the European reform agenda, including the reform of the justice and law enforcement, as pointed out in the European Commission's report of 27 March 2014, the restructuration of the anti-corruption framework, the implementation of the human rights action plan and the action plan in support of the Roma people, the maintenance of its dialogue with Tiraspol and the continuation of challenging regulatory and sectorial reforms;
Amendment 53 #
2014/2817(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on MoldovaUnderlines, nevertheless, the need to tackle with renewed strength the reform of the judiciary and the law enforcement systems; stresses the need to intensify the fight against corruption at all levels, inter alia by fully implementing the legislative package adopted in 2013; calls on the Moldovan authorities to ensure that the mechanisms belonging to the anti- corruption system, particularly the National Anti-Corruption Centre and the National Integrity Centre, are properly financed and staffed and free from undue influenceindependent, fully- functioning, properly financed and staffed;
Amendment 71 #
2014/2817(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the political determination to fulfil the requirements of the Association Agreement and praises the modernisation efforts undertaken in the country; is aware, however, of the need to further consolidate democratic institutions and encourages the Government of the Republic of Moldova to continue to work hard on the implementation of the necessary measures; believes that political stability and enduring consensus on reforms, especially as regards the rule of law and independence from state institutions, are of paramount importance to Moldova's European aspirations;
Amendment 73 #
2014/2817(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Continues to emphasise the need for a transparent business and investment environment, and appropriate regulatory reform and for the continuation of the privatisation process, in order to boost the competitiveness of the Moldovan economy, encourage foreign direct investment and secure the sustainability of the measures taken to address the structural economic problems;
Amendment 84 #
2014/2817(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on Chisinau and Tiraspol to continue to engage constructively in order to find an effective solution to the Transnistria conflict and to take concrete steps to improve the lives of the region’s population; stresses that the so-called ‘5+2’ framework for negotiations has so far failed to ensure a solution, and calls on the HR/VP and the EEAS to proactively seek an improved process for solving this conflict with a greater role for the EU; notes the need to ensurefor an enhanced EU status to that of a negotiating partner, emphasizes that the Transnistrian region, as an integral part of Moldova, is meant to be covered by the reach and effects of the Agreement;
Amendment 92 #
2014/2817(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Stresses that the EU and its Member States must stand ready to defend the European choice and territorial integrity of the Republic of Moldova against any Russian retaliatory actions following the conclusion of the Association Agreement;
Amendment 63 #
2014/2816(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the efforts by the Georgian authorities in the area of democratic reforms, including tackling the reform of the judiciary, and the need to investigate properly and fully all allegations of violations of human rights; recognises the fundamental principle of equality before the law and the guarantee of procedural rights; stresses, however, that all prosecutions should be transparent, proportionate and free from political motivation, and should adhere strictly to due process; emphasises the need to build up an enforcement record of cases of prosecutions and convictions against which progress can be measured; calls for the unification of jurisprudence in order to ensure a predictable judicial system and public trust; reminds that effective implementation of the justice sector reform strategy should be continued;
Amendment 77 #
2014/2816(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Georgian authorities to continue the fight against corruptionorganised crime, corruption, frauds and money laundering at all levels and in all spheres of life, and to develop a fully functioning, properly staffed, independent judiciary, inter alia, to increase public trust in the judiciary and to defend the licit economy;
Amendment 2 #
2014/2006(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Article 6 of the European Convention on Human Rights,
Amendment 3 #
2014/2006(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken (Final Report)
Amendment 5 #
2014/2006(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to its resolution of 15 September 2011 on the EU's efforts to combat corruption
Amendment 6 #
2014/2006(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the proposal for a Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States,
Amendment 7 #
2014/2006(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the Commission proposal on the establishment of the European Public Prosecutor's Office addresses the need of the creating a EU criminal justice area,
Amendment 16 #
2014/2006(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there is a need for cooperation among national authorities and a common understanding of the EU legislation in criminal law
Amendment 22 #
2014/2006(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the harmonisation of criminal law in the EU should contribute to the achievement of a common EU culture against crime;
Amendment 25 #
2014/2006(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas excessive duration of judicial proceedings remains the first reason for the European Court of Human Rights to condemn European Member States;
Amendment 27 #
2014/2006(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the work of the EU institutions should be based on close cooperation and interaction, and should draw on best practices and the expertise of the various bodies of the Council of Europe so as to avoiding overlapping activities;
Amendment 31 #
2014/2006(INI)
Motion for a resolution
Recital I
Recital I
I. whereas Parliament has repeatedly called for a strengthening of existing mechanisms to ensure that the values of the Union set out in Article 2 TEU are respected, protected and promoted, and for crisis situations in the Union and the Member States to be addressed in a rapid and efficient way; whereas a debate is under way within Parliament, the Council and the Commission on the creation of a ‘new mechanism’;
Amendment 32 #
2014/2006(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the independence of the judiciary as well as of judges and public prosecutors in Member States must be protected from any political intereferences,
Amendment 36 #
2014/2006(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas, there is a need for a coherent and comprehensive administration of justice as differences between the Member States criminal systems must not be exploited by criminals crossing borders;
Amendment 46 #
2014/2006(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to build on experience and lessons learnt and involve all institutional actors, researchers and practitioners such as judges, defence lawyers, prosecutors, police officers in promoting awareness and exchange of expertise;
Amendment 52 #
2014/2006(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on national parliaments to exercise an active role in their contribution to EU criminal law and policies is essential issue of EU democratic deficit;
Amendment 60 #
2014/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to address Parliament’sthe repeated request of the European Parliament and propose a mechanism for the regular assessment of Member States’' compliance with the fundamental values of the EU, as set out in Article 2 TEU, providing a basis for an early warning tool, with appropriate interventions shouldand efficient interventions, which include the possibility of sanctions in case systematic breaches of the principles of democracy and rule of law occur, and should the appropriate checks and balances fail to function in a Member State;
Amendment 66 #
2014/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that such a mechanism shouldall be applied to all Member States on an efficient, transparent and uniform and equal footing, and shouldall seek complementarity with the work of other international institutions, such as the Council of Europe and, in particular, its Venice Commission;
Amendment 73 #
2014/2006(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Emphasises that the Justice scoreboard in criminal matters will serve in the future as a fundament for continuous harmonization of laws and practices in all EU Member States and understanding on how criminal sanctions provide extra benefits for people and businesses;
Amendment 5 #
2013/2260(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Asks the Commission to bear in mind the need to maintain a balance between the risks and the benefits, in particular as regards the management of conflicts of interest on the one hand, and the objective of obtaining the best possible scientific advice on the other; notes with concern, furthermore, that the proliferaadoption of ethical standards, codes and guidelines does not guarantee the absence of conflicts of interest; observes that this will require the implementation of simple and applicable standards, together with effective controlregular and effective ex ante and ex post controls and clear sanctions, thereof, in the context of a culture of honesty, integrity and transparency;
Amendment 7 #
2013/2260(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on the Court of Auditors to continue to monitoring the measures put in place by the agencies to follow-up on its recommendations, to extend the scope of its audit to the other agencies and to present its observations in a future special report on this matter in the near future; urges the agencies to continue to report to the discharge authority on the significant progress made in this area;
Amendment 8 #
2013/2260(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Welcomes the Court of Auditors' findings that Union assistance has contributed to progress in the area of building the capacity of Kosovo customs; notes with concern, however, the findings that Union assistance has made only a modest contribution to building the capacity of the Kosovo police and that little progress has been made inat significant progress must still be made in order to fight organised crime, improve the capacity of the Kosovo police and root out corruption; calls, therefore, on the Kosovo authorities to continue investing the Union's pre-accession assistance in programmes and projects aiming at strengthening the judicial reform and the fight against corganised crimeruption and securing the rule of law;
Amendment 9 #
2013/2260(DEC)
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. Recognises the geographical disparity in the rule of law establishment in Kosovo, in particular due to the lack of control by the Pristina-based Kosovo authorities over the northern part of the territory; urges the Commission to take the particular challenges faced by northern Kosovo into account when planning its assistance;
Amendment 22 #
2013/2260(DEC)
Motion for a resolution
Paragraph 253 – point a
Paragraph 253 – point a
(a) with a view to programming for the 11th EDF and the design of future Union programmes, (i) pay increased attention to ensuring an appropriate balance of aid between provinces, especially the poorer ones, in order to avoid geographical disparities in the distribution of development aid while bearing in mind the importance of stabilising the Great Lakes region as a whole; (ii) combine support at a central level with programmes at the provincial level that link political and territorial decentralisation with improved natural resource management strategies and infrastructure rehabilitation and development; and (iii) reconsider Union support for improved management of natural resources on the basis of a comprehensive needs assessment;
Amendment 23 #
2013/2260(DEC)
Motion for a resolution
Paragraph 253 – point d
Paragraph 253 – point d
(d) in all governance areas covered by the Union cooperation strategy, systematically consider the need to support the fight against fraud and corruption, as well as the reform of the judiciary;
Amendment 24 #
2013/2260(DEC)
Motion for a resolution
Paragraph 254 – point b
Paragraph 254 – point b
(b) establish measures to prevent or mitigate risks and clearly define the course of action to be followed if risks become reality, bearing in mind the risks of fraud and corruption in particular;
Amendment 25 #
2013/2260(DEC)
Motion for a resolution
Paragraph 255 – point b
Paragraph 255 – point b
(b) set out a time frame with regular evaluation assessments which is better adapted to the programme environment;
Amendment 33 #
2013/2256(DEC)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Considers that following the publication of the Commission’s guidelines, the agencies need to redraft their policies for the prevention and management of conflicts of interest to bring them in line with the Commission’s guidelines and the Court of Auditor’s’ recommendations without hesitation, and calls on the agencies to report; acknowledges that most agencies planned to review their respective policy on the prevention and management of conflicts of interest based on those guidelines; calls on the agencies to report to the discharge authority on this matter as well as on the actions taken in the framework of the 2012 discharge follow-up before the end of 2014;
Amendment 36 #
2013/2256(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Regrets that the declarations of interests and CVs of the majority of members of the agencies’ management boards, management staff and external and in-house experts are still not publicly available; reiterates its view that a high level of transparency is a key element to mitigate risks of conflicts of interest; calls, therefore, on the agencies that have not yet done so to make available on their websites their policy and/or arrangements on the prevention and management of conflict of interests and their implementing rules as well as the list of their management boards’ members, management staff and external and in-house experts, together with their respective declarations of interests and curriculum vitae;
Amendment 4 #
2013/2252(DEC)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 5 #
2013/2252(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; urges the Joint Undertaking to develop and adopt a comprehensive policy on the prevention and management of conflicts of interests;
Amendment 6 #
2013/2252(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules, as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs available on its website;
Amendment 7 #
2013/2252(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Invites the Court of Auditors to monitor the Joint Undertaking's policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 4 #
2013/2251(DEC)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 5 #
2013/2251(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; acknowledges that the Joint Undertaking has Conditions that enforce a Code of Conduct on the independent experts that evaluate the research proposals; urges nevertheless the Joint Undertaking to develop and adopt a comprehensive policy on the prevention and management of conflicts of interests;
Amendment 6 #
2013/2251(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs, available on its website;
Amendment 7 #
2013/2251(DEC)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Invites the Court of Auditors to monitor the Joint Undertaking's policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 9 #
2013/2250(DEC)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 10 #
2013/2250(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; urges the Joint Undertaking, in the framework of the future ECSEL Joint Undertaking, to develop and adopt a comprehensive policy on the prevention and management of conflicts of interests;
Amendment 11 #
2013/2250(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules, as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs, available on its website;
Amendment 12 #
2013/2250(DEC)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Invites the Court of Auditors to monitor the Joint Undertaking's policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 5 #
2013/2249(DEC)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Prevention and management of conflict of interest and transparency
Amendment 6 #
2013/2249(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; urges the Joint Undertaking to develop and adopt a comprehensive policy on the prevention and management of conflicts of interests;
Amendment 10 #
2013/2249(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules, as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs, available on its website;
Amendment 11 #
2013/2249(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Invites the Court of Auditors to monitor the Joint Undertaking's policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 4 #
2013/2248(DEC)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 5 #
2013/2248(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; acknowledges that the Joint Undertaking has updated its Code of Conduct in 2012 that sets clear rules regarding the prevention and management of conflicts of interests;
Amendment 6 #
2013/2248(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs available on its website;
Amendment 7 #
2013/2248(DEC)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Invites the Court of Auditors to monitor the Joint Undertaking's policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 5 #
2013/2247(DEC)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 6 #
2013/2247(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; acknowledges that the Joint Undertaking has adopted a Decision in 2013 that sets rules regarding the prevention and management of conflicts of interests;
Amendment 7 #
2013/2247(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs, available on its website;
Amendment 8 #
2013/2247(DEC)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Invites the Court of Auditors to monitor the Joint Undertaking's policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 9 #
2013/2245(DEC)
Motion for a resolution
Subheading 6
Subheading 6
Prevention and management of conflicts of interests and transparency
Amendment 10 #
2013/2245(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Observes that the CVs and Declarations of Interests of the members of the Management Board and senior management as well as the Declaration of Interests of the Executive Director are not publicly available; calls on the Office to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2242(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Institute of Innovation and Technology (‘"the Institute’") for the financial year 2012 was EUR 95 300 000 for commitment appropriations, representing an increase of 48,87 % compared to 2011, and EUR 77 090 000 for payment appropriations,
Amendment 9 #
2013/2242(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to its financial statements, the overall contribution of the Union to the Institute's budget for 2012 amounted to EUR 68 697 863, compared to EUR 8 043 439.83 in 2011,
Amendment 10 #
2013/2242(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 11 #
2013/2242(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Acknowledges that the Institute has two framework rules regulating conflicts of interests; calls on the Institute to inform the discharge authority of its intention to revise those framework rules based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies;
Amendment 12 #
2013/2242(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Observes that the Declarations of Interests of members of the Governing Board, the Executive Director and senior management are not publicly available; calls on the Institute to remedy the situation as a matter of urgency;
Amendment 10 #
2013/2241(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the Body of European Regulators for Electronic Communications (‘"the Body’") for the financial year 2012 was EUR 3 190 000, representing an increase of 170,6 % compared to 2011 and whereas the Body's entire budget derives from the Union budget;
Amendment 26 #
2013/2241(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 27 #
2013/2241(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that personal conflicts of interests declarations are requested from the members of the Office Management Committee and the Board of Regulators as well as from its staff members and that declarations of conflicts of interests of the members of the recruitment Selection Committees has been updated, based on the recommendations from the Court of Auditors; calls on the Body to inform the discharge authority of its plan to review its conflict of interest arrangements based on the Commission's guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies;
Amendment 28 #
2013/2241(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Observes that the CVs and Declarations of Interests of the members of the Management Committee, the Administrative Manager and senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2240(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the European Agency for the Cooperation of Energy Regulators (‘"the Agency’") for the financial year 2012 was EUR 7 241 850, representing an increase of 51, 11 % compared to 2011; whereas the entire budget of the Agency derives from the Union budget,
Amendment 10 #
2013/2240(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 11 #
2013/2240(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Acknowledges that the Agency is reviewing its policy on the prevention and management of conflicts of interests based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Agency to inform the discharge authority of the assessment results once available;
Amendment 12 #
2013/2240(DEC)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Observes that the CVs and Declarations of Interests of the Board of Regulators' members, the Executive Director, senior management and the experts participating in the Agency's expert groups, as well as the CVs of the Administrative Board and Board of Appeal's members are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2239(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the budget of the European Securities and Markets Authority (‘"the Authority’") for the financial year 2012 was EUR 20 279 000, representing an increase of 19,53 % compared to 2011,
Amendment 9 #
2013/2239(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to its financial statements, the overall contribution of the Union to the Authority's budget for 2012 amounted to EUR 6 408 000, representing a decrease of 5,54 % compared to 2011,
Amendment 13 #
2013/2239(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 14 #
2013/2239(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges that following the Court of Auditors' Special Report No 15/2012, the Authority revised its Ethics Guidelines jointly with EBA and EIOPA, based on the Commission's guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; welcomes the fact that the Authority's ethics guidelines were assessed by the lnternal Audit Service in 2013 and were considered best practices;
Amendment 15 #
2013/2239(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Observes that the CVs and Declarations of Interests of the members of the Board of Supervisors and members of the Management Board, as well as the Declarations of Interests of the Executive Director and senior management are not publicly available; calls on the Authority to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2238(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the European Insurance and Occupational Pensions Authority (‘"the Authority’") for the financial year 2012 was EUR 15 655 000, representing an increase of 46,76 % compared to 2011,
Amendment 9 #
2013/2238(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the overall contribution of the Union to the Authority's budget for 2012 amounted to EUR 5 484 109.07, representing an increase of 28,52 % compared to 2011,
Amendment 13 #
2013/2238(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 14 #
2013/2238(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the adoption of policies and rules on the management of conflicts of interests for members of the Board of Supervisors and the Management Board, as well as for staff members and contractual parties; acknowledges that the Authority adopted its Ethics Rules in 2011 and established specific provisions for the Authority's Stakeholders Groups and Board of Appeal to handle potential conflicts of interests; calls on the Authority to inform the discharge authority of its intention to review its Ethic Rules based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies;
Amendment 15 #
2013/2238(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the fact that the Authority is currently working on the structure of its website, including the establishment of a dedicated webpage on conflicts of interests; observes that the CVs and Declarations of Interests of the members of the Management Board and the Board of Supervisors, as well as the Declarations of Interests of the Executive Director and senior management are not publicly available; calls on the Authority to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2237(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Banking Authority (‘"the Authority’") for the financial year 2012 was EUR 20 747 000, representing an increase of 63,56 % compared to 2011,
Amendment 12 #
2013/2237(DEC)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 13 #
2013/2237(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the adoption of Ethics Guidelines by the Authority; notes that those guidelines were developed jointly with EIOPA and ESMA; acknowledges that the Authority is finalising its conflicts of interests policy; calls on the Authority to inform the discharge authority of the adoption of the policy;
Amendment 14 #
2013/2237(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interests of the members of the Management Board and the Board of Supervisors, as well as the Declarations of Interests of the Executive Director and senior management, are not publicly available; calls on the Centre to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2236(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Institute for Gender Equality (‘"the Institute’") for the financial year 2012 was EUR 7 741 800, representing an increase of 2,81 % compared to 2011 and whereas the Institute's entire budget derives from the Union budget,
Amendment 13 #
2013/2236(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 14 #
2013/2236(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges that the Institute's Conflict of Interest Policy was transmitted to the Commission for consultation on 12 November 2013; calls on the Institute to inform the discharge authority of the consultation results and the final adoption of the policy;
Amendment 15 #
2013/2236(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management are not publicly available; calls on the Institute to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2235(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the European Police Office (‘"Europol’") for the financial year 2012 was EUR 84 152 000, representing a decrease of 0,73 % compared to 2011,
Amendment 10 #
2013/2235(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 11 #
2013/2235(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Office will establish an additional specific policy on conflicts of interests management and the handling of gift items in 2014;
Amendment 12 #
2013/2235(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 8 #
2013/2233(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statementsthe Court of Auditors' report, the final budget of the European Chemicals Agency (‘"the Agency’") for the financial year 2012 was EUR 32 912 70898 900 000, representing an increase of 6,12 % compared to 2011,
Amendment 9 #
2013/2233(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Agency received Union subsidies of EUR 4 184 040 from the Commission, as well as a pre-financing sum of EUR 500 000 from DG Environment as contractual compensation for undertaking preparatory activities for the Regulation on Biocide Products and IPA pre- financing amounting to EUR 185 676,
Amendment 11 #
2013/2233(DEC)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 12 #
2013/2233(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that following the recommendation of the discharge authority, the Agency will include information and statistics on the management of conflicts of interests in its 2013 annual activity report;
Amendment 13 #
2013/2233(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interests of certain members of the Management Board are not publicly available; notes from the Agency that the missing CVs mainly concern members in the process of being replaced but emphasises that no explanation has been provided for the missing Declarations of Interests; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2232(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Fisheries Control Agency (‘"the Agency’") for the financial year 2012 was EUR 9 216 900, representing a decrease of 28,27 % compared to 2011,
Amendment 9 #
2013/2232(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to its financial statements, the initial contribution of the Union to the Agency's budget for 2012 amounted to EUR 10 216 900, representing a decrease of 13,78 % compared to 2011,
Amendment 11 #
2013/2232(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 12 #
2013/2232(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Agency will assess its policy on the prevention and management of conflicts of interests based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Agency to inform the discharge authority of the assessment results once available;
Amendment 13 #
2013/2232(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declaration of Interests of the members of the Administrative and Advisory Boards, as well as the Declarations of Interests of the Executive Director and senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2231(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the budget of the European GNSS Agency (‘"the Agency’") for the financial year 2012 was EUR 20 848 718, representing a decrease of 46,12 % compared to 2011,
Amendment 10 #
2013/2231(DEC)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 11 #
2013/2231(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Agency did not answer the discharge authority questionnaire on the management and prevention of conflicts of interests; urges the Agency to describe to the discharge authority the actions implemented following the Court of Auditors' Special Report No 15/2012 and Parliament's recommendation that all agencies should develop and implement comprehensive independence policies and procedures, inter alia, establishing a breach of trust mechanism and clear sanctions or changing those already in place;
Amendment 12 #
2013/2231(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interests of the members of the Administrative Board, as well as the Declarations of Interests of the Executive Director and senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 10 #
2013/2230(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (‘the Agency’) for the financial year 2012 was EUR 89 578 000, representing a decrease of 24,21 % compared to 2011,
Amendment 11 #
2013/2230(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to its financial statements, the overall contribution of the Union to the Agency's budget for 2012 amounted to EUR 84 000 000, representing a decrease of 24,32 % compared to 2011,
Amendment 13 #
2013/2230(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 14 #
2013/2230(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Acknowledges that the Agency has put in place several measures to manage and prevent situations of conflicts of interests and developed a detailed disciplinary procedure; calls on the Agency whether it has established a specific policy for the prevention and management of conflict of interest based on the Commission's guidelines;
Amendment 15 #
2013/2230(DEC)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Observes that the CVs and Declarations of Interests of the members of the Management Board, as well as the Declarations of Interests of the Executive Director and senior management, are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2229(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Police College (‘"the College’") for the financial year 2012 was EUR 8 450 640, representing an increase of 1, 31 % compared to 2011; whereas the entire budget of the Authority derives from the Union budget,
Amendment 9 #
2013/2229(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 10 #
2013/2229(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges that the College will review its conflicts of interests arrangements currently in place with the aim of developing a specific conflict of interest policy in 2014 based on the Commission's draft guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; notes that members of the Governing Board and working groups or other categories of stakeholders directly collaborating with the College but not employed by the College will be considered within the scope of this exercise; calls on the College to inform the discharge authority on the review results once available;
Amendment 11 #
2013/2229(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Observes that the CVs and Declarations of Interests of the Governing Board members, the Executive Director and the senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2228(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the budget of the European Railway Agency (‘"the Agency’") for the financial year 2012 was EUR 25 799 000, representing a decrease of 0,72 % compared to 2011,
Amendment 11 #
2013/2228(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 12 #
2013/2228(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Agency will review its policy on the prevention and management of conflicts of interests in 2014 based on the Commission's draft Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Agency to inform the discharge authority on the assessment results once available;
Amendment 13 #
2013/2228(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interests of the members of the Management Board are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2222(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the European Network and Information Security Agency (‘"the Agency’") for the financial year 2012 was EUR 8 158 163, representing an increase of 0, 68 % compared to 2011 and whereas the Agency's entire budget derives from the Union budget,
Amendment 9 #
2013/2222(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 10 #
2013/2222(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Management Board approved and signed the decision on practical arrangements for implementing transparency and confidentiality rules in October 2013;
Amendment 11 #
2013/2222(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interests of the members of the Management Board are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 9 #
2013/2220(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Food Safety Authority (‘the Authority’) for the financial year 2012 was EUR 78 279 000, representing an increase of 1,25 % compared to 2011; whereas the Authority's entire budget derives from the Union budget,
Amendment 10 #
2013/2220(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that budget monitoring efforts during the financial year 2012 resulted in a budget implementation rate of 99,30 % and that the payment appropriations execution rate was 88,00 %; notes that in comparison with 2011, the amounts committed and paid out in 2012 increased by 2,1 % and 8, 6 % respectively ;
Amendment 11 #
2013/2220(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges that the relocation of the Authority to its new premises generated savings of EUR 3,94 million which were reallocated to operational activities such as scientific cooperation and the recruitment of scientific staff;
Amendment 18 #
2013/2220(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Acknowledges that the Authority has initiated a review of the implementation of its independence policy in the last quarter of 2013 and that the results will be available by October 2014; believes that the current declarations of interest forms could be further improved and should include information, inter alia, on: (i) whether the interest declared was remunerated, (ii) the amount of the remuneration, (iii) the participation in industry-linked conferences and the institution/person covering the expenses;
Amendment 19 #
2013/2220(DEC)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Regrets that the Management Board refused to elect its Chair and Vice-Chairs by open ballot, despite the recommendation of the discharge authority and expects further transparency in this respect in the future electing procedure;
Amendment 20 #
2013/2220(DEC)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Observes that the Authority engaged in a structured dialogue with civil society on matters relating to conflicts of interests; views this development in a positive manner and calls on the Authority to hold structured dialogue regularly in the future;
Amendment 8 #
2013/2219(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Aviation Safety Agency (‘"the Agency’") for the financial year 2012 was EUR 158 848 191, representing an increase of 7 % compared to 2011,
Amendment 9 #
2013/2219(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the overall contribution of the Union to the Agency's budget for 2012 amounted to EUR 38 651 354.83, representing an increase of 6,95 % compared to 2011,
Amendment 13 #
2013/2219(DEC)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 15 #
2013/2219(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that following the recommendation of the discharge authority, the Agency will include information and statistics on the management of conflicts of interests in its 2013 annual activity report;
Amendment 16 #
2013/2219(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that the Agency is currently assessing the Declarations of Interests of managers and of person holding sensitive functions; regrets, however, that the CVs and Declarations of Interest of Management Board members and observers, as well as the Declarations of Interests of the Executive Director are still not publicly available on the Agency's website; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 17 #
2013/2219(DEC)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Regrets the lack of information available of the Agency's website regarding the members of the Board of Appeal; believes that the names, CVs and Declarations of Interests of those members should be made public and calls, therefore, on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2218(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the budget of the European Maritime Safety Agency (‘"the Agency’") for the financial year 2012 was EUR 55 127 505, representing a decrease of 2,33 % compared to 2011; whereas the Agency's entire budget derives from the Union budget,
Amendment 12 #
2013/2218(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 13 #
2013/2218(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges that the Agency adopted a policy for the avoidance of conflicts of interests in safety assessment and inspection activities in April 2012, as well as a conflicts of interests policy for the members of the Administrative Board in November 2013;
Amendment 14 #
2013/2218(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Observes that the CVs and Declarations of Interests of the members of the Administrative Board, the Executive Director and the senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2217(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the budget of the European Training Foundation (‘"the Foundation’") for the financial year 2012 was EUR 20 144 530, representing an increase of 1,48 % compared to 2011,
Amendment 10 #
2013/2217(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 11 #
2013/2217(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the adoption of guidelines on preventing and managing conflicts of interests in June 2013; calls on the Foundation to make those guidelines available on its website;
Amendment 12 #
2013/2217(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Observes that the CVs and Declarations of Interests of the members of the Governing Board, as well as the Declarations of Interests of the Executive Director and senior management, are not publicly available; calls on the Foundation to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2216(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of Eurojust for the financial year 2012 was EUR 33 322 996 representing an increase of 6.27% compared to 2011,
Amendment 9 #
2013/2216(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to its financial statements, the contribution of the Union to the Agency's budget for 2012 amounted to EUR 32 967 000, representing an increase of 5,21 % compared to 2011,
Amendment 12 #
2013/2216(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 13 #
2013/2216(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Acknowledges Eurojust's arrangements for the prevention and management of conflicts of interests; calls on Eurojust to inform the discharge authority on its intention to review its arrangements based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies;
Amendment 14 #
2013/2216(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management are not publicly available; calls on Eurojust to remedy the situation as a matter of urgency;
Amendment 9 #
2013/2215(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the European Medicines Agency (‘"the Agency’") for the financial year 2012 was EUR 222 489 000, representing an increase of 6,52 % compared to 2011,
Amendment 10 #
2013/2215(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to its financial statements, the overall contribution of the Union to the Agency's budget for 2012 amounted to EUR 31 341 107.18, representing a decrease of 6, 50 % compared to 2011,
Amendment 13 #
2013/2215(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 15 #
2013/2215(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the fact that for the second year in a row, the Agency held a public workshop on conflicts of interests, aimed at defining the right balance between ensuring the impartiality and independence of experts involved in the Agency's work while securing the best possible scientific expertise;
Amendment 17 #
2013/2215(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Acknowledges that the Agency revised its policy on the handling of conflicts of interests by the Scientific Committees' members and experts which is expected for endorsement by the Management Board in March 2014; calls on the Agency to present its revised policy to the discharge authority once adopted;
Amendment 8 #
2013/2214(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the Translation Centre for the Bodies of the European Union (‘the Centre’) for the financial year 2012 was EUR 48 292 749, representing a decrease of 5,86 % compared to 2011,
Amendment 10 #
2013/2214(DEC)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 12 #
2013/2214(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Centre will assess its policy on the prevention and management of conflicts of interests based on the Commission’s Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Centre to inform the discharge authority of the assessment results once available;
Amendment 13 #
2013/2214(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interest of the Management Board members, the Executive Director and senior management are not publicly available; calls on the Centre to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2213(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the budget of the European Agency for Safety and Health at Work (‘"the Agency’") for the financial year 2012 was EUR 15 260 512, representing an increase of 6,95 % compared to 2011,
Amendment 10 #
2013/2213(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 11 #
2013/2213(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges that the Agency will adopt a conflict of interest policy in 2014 based on the Commission's guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Agency to inform the discharge authority upon the adoption of the policy;
Amendment 12 #
2013/2213(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Observes that the CVs and Declarations of Interests of the members of the Management Board, the Executive Director and senior management are not publicly available; calls on the Authority to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2212(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Environment Agency (‘"the Agency’") for the financial year 2012 was EUR 41 700 000, representing an increase of 1,25 % compared to 2011,
Amendment 9 #
2013/2212(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to its financial statements, the contribution of the Union to the Agency's budget for 2012 amounted to EUR 35 363 354.85, representing a decrease of 0,23 % compared to 2011,
Amendment 11 #
2013/2212(DEC)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 12 #
2013/2212(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that the Agency will carry out an assessment to identify its degree of exposure with a view to strengthening or supplementing its policy on the management and prevention of conflicts of interests and with a view to assessing its implementation, monitoring and reporting during the first quarter of 2014 based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Agency to inform the discharge authority of the assessment results once available;
Amendment 13 #
2013/2212(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Observes that the CVs and Declarations of Interests of the members of the Management Board, the members of the Scientific Committee, the Executive Director and senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2211(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the budget of the European Monitoring Centre for Drugs and Drug Addiction (‘"the Centre’") for the financial year 2012 was EUR 16 317 000 representing an increase of 0,26 % compared to 2011,
Amendment 9 #
2013/2211(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the overall contribution of the Union to the Centre's budget for 2012 amounted to EUR 15 550 920, representing an increase of 0, 98 % compared to 2011;
Amendment 12 #
2013/2211(DEC)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 13 #
2013/2211(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Acknowledges that the Centre will review its policy on the prevention and management of conflicts of interests based on the Commission's guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Centre to inform the discharge authority on the assessment results once available;
Amendment 14 #
2013/2211(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Observes that the CVs and Declarations of Interests of the members of the Management Board and the senior management of the Centre, as well as the Declaration of Interest of the Executive Director, are not publicly available; calls on the Centre to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2210(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the final budget of the European Foundation for the Improvement of Living and Working Conditions (‘"the Foundation’") for the financial year 2012 was EUR 21 430 000, representing an increase of 4,03 % compared to 2011,
Amendment 9 #
2013/2210(DEC)
Motion for a resolution
Subheading 5
Subheading 5
Prevention and management of conflicts of interests and transparency
Amendment 10 #
2013/2210(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Observes that the CVs of the members of the Management Board and the Declarations of Interests of the Executive Director and senior management are not publicly available; calls on the Foundation to remedy the situation as a matter of urgency;
Amendment 8 #
2013/2209(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas according to its financial statements, the budget of the European Union Agency for Fundamental Rights (‘"the Agency’") for the financial year 2012 was EUR 20 376 000, representing an increase of 0, 97 % compared to 2011,
Amendment 12 #
2013/2209(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 13 #
2013/2209(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges that the Agency will review its policy on the prevention and management of conflicts of interests based on the Commission's Guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Agency to inform the discharge authority on the assessment results once available;
Amendment 8 #
2013/2208(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, according to its financial statements, the final budget of the European Centre for the Development of Vocational Training (‘the Centre’) for the financial year 2012 was EUR 19 216 951, representing an increase of 1, 83 % compared to 2011,
Amendment 9 #
2013/2208(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to its financial statements, the overall contribution of the Union to the Centre’s budget for 2012 amounted to EUR 16 933 900, representing a decrease of 0,31 % compared to 2011,
Amendment 12 #
2013/2208(DEC)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 13 #
2013/2208(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Acknowledges that the Centre will assess its policy on the prevention and management of conflicts of interests based on the Commission’s guidelines on the Prevention and Management of Conflict of Interest in EU Decentralised Agencies; calls on the Centre to inform the discharge authority of the assessment results once available;
Amendment 14 #
2013/2208(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Observes that the CVs and Declarations of Interests of the Governing Board members, as well as the Declarations of Interests of the Executive Director and senior management, are not publicly available; calls on the Centre to remedy the situation as a matter of urgency;
Amendment 1 #
2013/2206(DEC)
Proposal for a decision 1
Citation 5
Citation 5
– having regard to the annual report of the Court of Auditors on the activities funded by the Eighth, Ninth and Tenth European Development Funds concerning the financial year 2012, together with the Commission's replies1 and to the Court of Auditors’ special reports No 13/2012 on the European Union development assistance for drinking water supply and basic sanitation in sub-Saharan countries, No 17/2012 on The European Development Fund (EDF) contribution to a sustainable road network in sub- Saharan Africa and No 9/2013 on EU support for Governance in the Democratic Republic of the Congo, __________________ 1 OJ C 331, 14.11.2013, p. 261.
Amendment 2 #
2013/2206(DEC)
Proposal for a decision 1
Citation 15 a (new)
Citation 15 a (new)
- having regard to the Commission's Communications of 13 October 2011 entitled "Increasing the impact of EU development cooperation – an Agenda for Change" and "The Future Approach to EU Budget Support to Third Countries",
Amendment 4 #
2013/2206(DEC)
Proposal for a decision 2
Citation 5
Citation 5
– having regard to the annual report of the Court of Auditors on the activities funded by the Eighth, Ninth and Tenth European Development Funds concerning the financial year 2012, together with the Commission's replies11 and to the Court of Auditors' special reports, No 13/2012 on the European Union development assistance for drinking water supply and basic sanitation in sub-Saharan countries, No 17/2012 on The European Development Fund (EDF) contribution to a sustainable road network in sub- Saharan Africa and No 9/2013 on EU support for Governance in the Democratic Republic of the Congo, __________________ 1 OJ C 331, 14.11.2013, p. 261.
Amendment 5 #
2013/2206(DEC)
Proposal for a decision 2
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Commission's Communications of 13 October 2011 entitled "Increasing the impact of EU development cooperation – an Agenda for Change" and "The Future Approach to EU Budget Support to Third Countries",
Amendment 7 #
2013/2206(DEC)
Motion for a resolution
Citation 5
Citation 5
– having regard to the Court of Auditors' annual report on the activities funded by the Eighth, Ninth and Tenth European Development Funds concerning the financial year 2012, together with the Commission's replies1 and to the Court of Auditors' special reports, __________________ 1 No 13/2012 on the European Union development assistance for drinking water supply and basic sanitation in sub-Saharan countries, No 17/2012 on The European Development Fund (EDF) contribution to a sustainable road network in sub- Saharan Africa and No 9/2013 on EU support for Governance in the Democratic Republic of the Congo, __________________ 1 OJ C 331 14.11.2013, p. 261. OJ C 331 14.11.2013, p. 261.
Amendment 8 #
2013/2206(DEC)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the Commission's Communications of 13 October 2011 entitled "Increasing the impact of EU development cooperation – an Agenda for Change" and "The Future Approach to EU Budget Support to Third Countries",
Amendment 10 #
2013/2206(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas the EDFs are funded by the Member States and whereas the Commission, as the implementing body, is accountable for the discharge of the EDFs;
Amendment 11 #
2013/2206(DEC)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas global commitments, individual commitments and payments reached respectively EUR 3 745 million, EUR 3 817 million and EUR 3 292 million for the financial year 2012;
Amendment 12 #
2013/2206(DEC)
Motion for a resolution
Recital E
Recital E
E. whereas budget support, while playing a key role in driving change and in addressing the main development challenges, carries a considerable fiduciary risk and should be granted only if it providesthe beneficiary state is able to demonstrate a sufficient level of transparency, traceability, accountability and effectiveness prior to receiving budget support assistance;
Amendment 13 #
2013/2206(DEC)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas fostering transparency and fighting corruption and fraud are key for the success of Union budget support operations as highlighted in the above- mentioned Commission's Communication entitled "The Future Approach to EU Budget Support to Third Countries";
Amendment 14 #
2013/2206(DEC)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas cooperation and coordination with other donors and international financial institutions is of paramount importance to avoid duplication, ensure aid effectiveness and foster capacity building of development aid in the beneficiary countries;
Amendment 16 #
2013/2206(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes that 85 % and 53 % of EuropeAid's 2010 Annual Audit Plan and 2011 Annual Audit Plan was respectively completed by the end of 2012; reiterates that the lack of (adequate) supporting documents and the incorrect application of the procurement procedures by contractors and beneficiaries are among the main weaknesses pointed out by the audit findings; calls on the Commission to further reinforce its control mechanisms and training policies in order to prevent the occurrence of those weaknesses in the future;
Amendment 18 #
2013/2206(DEC)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Welcomes the Commission's greater focus on the fight against fraud and corruption in particular when assessing the Public Financial Management eligibility criterion in terms of budget support; notes in this respect that corruption and fraud constitute one of the five risk categories identified by the Commission as part of its Risk Management framework developed for budget support programmes; insists that existing reporting on corruption and fraud levels must be taken into account before granting any budget support programme; insists furthermore that an independent national audit body must be an ultimate precondition for granting budget support;
Amendment 19 #
2013/2206(DEC)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Takes note that programmes related to good governance are financed in order to support developing countries in their fight against fraud, corruption and financial mismanagement; stresses that a corruption-free judicial system is a condition sine qua non to ensure good governance and the rule of law; calls on the Commission to put a strong emphasis on the judiciary reform programmes;
Amendment 20 #
2013/2206(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
36. WNotes that the phasing-in period of the Risk Management framework established for budget support programmes was completed as of the 2012 year-end and that the framework has been made mandatory for all new contracts and disbursements as of 1 January 2013; welcomes the strengthening of the risk management framework for budget support programmes and requests within the framework of the next discharge procedure a report on the risk strategy and response implemented;
Amendment 21 #
2013/2206(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Commission and the EEAS, in coordination with other development partners, in particularcluding Member States, and with a view to programming for the 11th EDF and the design of future Union programmes, to pay increased attention to ensuring an appropriate balance of aid between all provinces, especially the poorer ones, in order to avoid geographical disparities in the distribution of development aid; calls for combined support at a central level for programmes at provincial level that link political and territorial decentralisation with improved natural resource management strategies and infrastructure rehabilitation and development; reconsiders Union support for the improved management of natural resources on the basis of a comprehensive needs assessment;
Amendment 22 #
2013/2206(DEC)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Insists that EDF funding should support the long-term restructuring of central judicial bodies in DRC in order to ensure the sustainable establishment of the rule of law in the country; notes in this respect REJUSCO and PAG, two programmes which were granted EUR 7,9 million and EUR 9 million from the 9th EDF; regrets that those programmes failed to achieve their foreseen outcomes and takes note that the Commission's contribution has been consequently reduced for REJUSCO and stopped in the case of PAG; calls on the Commission to assess the specific shortcomings encountered during the preparation and implementation of those two programmes in order to develop more sustainable programmes on the judicial reform with better-tailored objectives under the 11th EDF;
Amendment 23 #
2013/2206(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Believes that the Commission should focus its objectives on a limited number of priorities, set out a time frame with regular evaluation assessments which is better adapted to the programme environment and provide for flexibility during programme implementation so that objectives can be reviewadapted promptly where appropriate;
Amendment 31 #
2013/2206(DEC)
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84a. Underlines that budgetisation would reduce transaction costs and would simplify reporting and accounting requirements by having only one set of administrative rules and decision-making structures instead of two;
Amendment 5 #
2013/2155(INI)
Motion for a resolution
Recital D
Recital D
D. whereas secrecy and discretion belong to an era when Europe was built by diplomats and civil servants; whereas transparency is essential to a democratic political uEuropean Union of citizens in which they can fully participate in the democratic process and exercise public scrutiny; whereas transparent administration benefits the interests of citizens, the fight against corruption and the legitimacy of the Union’s political system and legislation;
Amendment 13 #
2013/2155(INI)
Motion for a resolution
Recital F
Recital F
F. whereas citizens are clamouring for more transparency, including from EU institutions, as exemplified by recent initiatives such as Wikileaks, LobbyPlag, VoteWatch and other revelations made by whistlebloweraccountability and for a stronger fight against corruption, including from EU Institutions;
Amendment 15 #
2013/2155(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas citizens have a right to know how the decision-making process works, how their representatives act, hold them accountable and to know how public money is allocated and spent;
Amendment 20 #
2013/2155(INI)
Motion for a resolution
Recital L
Recital L
L. whereas litigation entails extremely lengthy processes, the risk of high, even prohibitive costs, and an uncertain outcome, putting an unreasonable burden on citizens who wish to challenge a decision to refuse (partial) access; whereas this meanis in practice that there is nan obstacle to effective legal remedy against a negative decision on a request for access to documents;
Amendment 26 #
2013/2155(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas international agreements have binding effects and impact on EU legislation; whereas negotiation documentsdocuments related to them should be public in principle, without prejudice to legitimate exceptions; whereas the application of the exception for the protection of international relations applies as stated in paragraph 19 of In ‘t Veld v Council (T-529/09);
Amendment 38 #
2013/2155(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that transparency enhances citizens' trust in the European Institutions, by allowing them to be informed and participate in the Union's decision making process and contribute in this way in making the EU more democratic;
Amendment 43 #
2013/2155(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU institutions, bodies, offices and agencies to further develop a more proactive approach on transparency by making publicly accessible on their internet websites as many categories of documents as possible; considers that this approach helps ensuring effective transparency as well as preventing unnecessary litigation, which might cause unnecessary costs and burdens for both the Institutions and the citizens;
Amendment 57 #
2013/2155(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that eachCalls on the EU institutions or body appoint from within its management structures a Transparency Officer, to be responsible for compliance and for improvto ensure adequate compliance and improve monitoring and reporting practices;
Amendment 79 #
2013/2155(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that international agreements have binding effects and impact on EU legislation, and that the negotiation documentsdocuments related to them should therefore be public in principle;
Amendment 67 #
2013/2149(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls the achievements and ambitions of the EaP, which is the political framework for strengthening relations between the EU andpurpose of the EaP, which is the strengthening of the political, economic and cultural European integration of the Eastern Partners, founded on mutual interests, and the commitments, shared ownership and joint responsibility, as well as the institutional basis for political cooperation, and a forum for dialogue between the partner countries to international law, fundamental values, good governance and the market economy and based on shared ownership and joint responsibility; welcomes, in this connection, the establishment of the Euronest Parliamentary Assembly and other cooperation platforms, such as the EaP Civil Society Forum and the Eastern Europe Initiatives Congress; notes however that the recent developments in some EaP countries have drawn attention to the fragility of the political process;
Amendment 107 #
2013/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that more rapid progress can be made on the establishment of the visa- free regime and stresses that, following the European Commission's proposal and based on merits and accomplishments, the Republic of Moldova should be granted a free circulation regime in the European Union by the end of February 2014; notes, in this connection, that visa liberalisation is only one of a number of processes aimed at bringing the societies closer together, and that more efforts are required in this area, particularly with regard to advancing cooperation in the field of education and culture; considers that greater emphasis should be placed on the fact that the EaP project is directed at societies rather than authorities;
Amendment 111 #
2013/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that more progress can be made on the establishment of the visa-free regime; notes, in this connection, that visa liberalisation is only one of a number of processes aimed at bringing the societies closer together, and that more efforts are required in this area, particularly with regard to advancing cooperation in the field of education and culture; considers that greater emphasis should be placed on the fact that the EaP project is directed at societies rather than authorities; stresses that following the European Commission's proposal and based on merits and accomplishments, the Republic of Moldova should be granted a free circulation regime in the European Union by the end of February 2014;
Amendment 131 #
2013/2149(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the EU to support the Eastern Partnership countries in need with projects of interconnection in transport infrastructure for electric and natural gas energy in order to ensure their independence and resist to the pressure exercised by the Russian Federation;
Amendment 150 #
2013/2149(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a more individualised approach to partner countries, implementing the principle of differentiation, evaluating the progress of each partner country based on the basis of clear benchmarks and on its own merits, but with overall coordination; further insists on enforcing the "more for more" principle;
Amendment 167 #
2013/2149(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets, furthermore, the insufficient desire among EaP partner countries to build a common message and engage in common efforts vis-à-vis the EU; notes that cooperation should nevertheless continue, where possible, on a bilateral basis between the EU, on the one side, and the partner countries, on the other;
Amendment 178 #
2013/2149(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. UStrongly urges that athe Association aAgreements be signed and implemented, where applicable, with the partner countries, in order to promote good governance and the rule of law, human rights, particularly the right to a fair trial, and the fight against corruption, and to support the building and modernisation of partners’ economies and business-friendly legisl, including the Deep and Comprehensive Free Trade Area with Moldova, initialled at Vilnius, should be signed before the end of June, in order to support the democratic force, the modernisation and reform process and enable the provisional entry into forces of the Association Agreement as soon as possible and ensure visible results of its implementation;
Amendment 189 #
2013/2149(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. In view of Russian Federations' massive pressure on the Eastern Partnership countries, urges the European Union to enhance the political and economical support for the pro- european forces in Eastern Partnership countries;
Amendment 190 #
2013/2149(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Further calls on the European Commission and the European Council to offer the necessary technical and financial assistance, as well as political support, to Moldova and Georgia in order to help them complete the reform process and face the kind of diplomatic and economic pressure that the Russian Federation has been using in order to deter the initialling of the Association Agreements and the DCFTAs;
Amendment 213 #
2013/2149(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that reform of judicial systems in the partner countries, ensuring the independence of the judiciary, should be a priority, efficiency and responsability of the judiciary, should be key priorities; stresses the need to build up a track record of cases involving prosecutions and convictions against which progress can be measured; calls for the unification of jurisprudence in order to ensure a predictable judicial system and public trust;
Amendment 1 #
2013/2132(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to the report from the Commission to the European Parliament and the Council entitled ‘Protection of the European Union’s financial interests – Fight against fraud – Annual Report 2012’ (COM(2013)0548) and its accompanying documents (SWD(2013)0283, SWD(2013)0284, SWD(2013)0285 and SWD(2013)0286 and SWD(2013)0287),
Amendment 4 #
2013/2132(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to the proposal for a regulationRegulation (EU) No XXX/2014 of the European Parliament and of the Council on the Hercule IIIf XX/XX/2014 establishing a programme to promote activities in the field of the protection of the European Union’s financifinancial interests of the European Union (Hercule III programme) and repeal interests (COM(2011)0914),g Decision No 804/2004/EC1 a, __________________ 1a To be published in the OJ
Amendment 6 #
2013/2132(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/19992 a, __________________ 2a OJ L 248, 18.9.2013, p. 1.
Amendment 7 #
2013/2132(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to Opinion No 1/2014 of the Supervisory Committee of the European Anti-Fraud Office (OLAF) on OLAF Investigation Policy Priorities,
Amendment 12 #
2013/2132(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European Anti-Fraud Office (OLAF) has the responsibility to protect the Union's financial interests by investigating fraud, corruption and any other illegal activities and whereas its Supervisory Committee was established in order to reinforce and guarantee OLAF's independence by regularly monitoring the implementation of OLAF's investigative function,
Amendment 15 #
2013/2132(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that it is incumbent on both the Commission and the Member States to do everything in their power to combafight fraud, corruption and all other forms of illegal activity detrimental to the Union’'s financial interests, in accordance with the provisions of the Treaty on the Functioning of the European Union; points out that close cooperation and coordination between the Commission and the Member States is essential in order to ensure that the Union’'s financial interests are protected effectively, and hence such cooperation and coordination must, as a matter of priority, be strengthened and made as effective as possible; points out that protecting the Union’'s financial interests demands an equally vigilant approach to both resources and expenditure;
Amendment 18 #
2013/2132(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the main initiatives taken by the Commission, at the European Parliament’'s request, to shape a new EU legislative landscape for anti-fraud policy, and in particular the Commission’'s amended proposal for amending Regulation (EC) No 1073/1999 concerning investigations conducted by OLAF and the strengthening of the procedural rights of persons concerned by OLAF investigations; the proposal for a directive on the fight against fraud to the Union’'s financial interests by means of criminal law, which aims to clarify and harmonise Member States’' provisions in criminal law on offences related to the EU budget (COM(2012)363); the proposal for a Council regulation on the establishment of the European Public Prosecutor’'s Office (COM(2013)534); and the proposal for a regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) (COM(2013)535), all of which will; recognizes the importance for these different pieces of legislation to be well calibrated and thoroughly evaluated; calls on the Council to take the necessary time and not to finalise negotiations in a rush, in order to constitute a robust European legal framework and strengthening the existing institutional tools for protecting the Union’'s financial interests; stresses that a premature transition to the enhanced cooperation procedure should be avoided;
Amendment 20 #
2013/2132(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that there was virtually no change in 2012, as against 2011, in the number of fraudulent irregularities and their financial impact, ,with 1231 cases of irregularity, involving reported as fraudulent, while their financial impact slightly decreased to a total of EUR 392 million, reported as fraudulent; notes that the incidence of fraud was highest in the areas of cohesion policy and agriculture – especially rural development and fisheries – which remain the two sectors of most concern, suffering an estimated financial impact from fraud of EUR 279 million and EUR 143 million respectively; underscores, however, the general point that the number of fraudulent irregularities reported and the corresponding sums of money reflect the notion of fraud in its broadest sense and should not be seen as a reliable yardstick for fraud levels as such; calls for clear distinctions to be drawn between cases of fraud, cases of error and cases of irregularity in the 2013 Annual Report on protection of the European Union's financial interests – Fight against fraud;
Amendment 21 #
2013/2132(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Observes that the recommendations made by the Commission to Member States in 2011 – particularly on reported fraudulent and non-fraudulent irregularities, the recovery of amounts improperly paid, the monitoring of the results of criminal investigations and the improvement of national fraud statistics – were generally appropriate, and finds it regrettable that a number of concerns were not fully addressed; calls on Member States to ensure thatfollow-up on the Commission’'s recommendations made in 2011 and to ensure that those made to them in its 2012 report are followed in full, and that where action on recommendations cannot be taken they submit a reasoned explanation;
Amendment 23 #
2013/2132(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Acknowledges that the amount to be recovered following fraud and other irregularity cases in 2012 reached EUR 444 million of which EUR 208 million were already recovered by the Member States; notes that further EUR 83 million were recovered in 2012 which related to cases detected between 1989 and 2011;
Amendment 35 #
2013/2132(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to reform their national tax systems, making them simpler, fairer and more effective so as to facilitate compliance, discourageeter and sanction tax fraud and evasion and boost the efficiency of tax collection; also asks Member States to take heed of the country-specific recommendations made by the Commission in 2013; welcomes the Commission’'s renewed call to Member States to extend their national tax bases and to restrict tax exemptions and deductions, thus enabling them not only to simplify their tax systems but also to avoid increasing their standard VAT rates;
Amendment 39 #
2013/2132(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Observes that, on the expenditure side, both the number of cases of irregularity reported as fraudulent and their value are low, that they involve already identified forms of irregularity and that over the period 2008 to 2012, fraud accounted for 5% of the cases reported; notes that, as in previous years, cohesion policy was the field in which most of the fraudulent irregularity – 50% of all cases and 63% in terms of value – was detected; stresses that, only a tiny proportionut of the 1194 cases of irregularity reported as fraudulent, 9 related to corruption butand that all cases were detected in the cohesion policy area; is concerned that the incidence of such cases is rising; highlights with concern the trend towards simpler forms of fraud, probably reflecting the phenomenon of beneficiaries who would not normally break the law engaging in attempted fraud because of the economic crisis; believes that thisose trends should be monitored and studied in the years ahead;
Amendment 41 #
2013/2132(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Acknowledges that in the agriculture and rural development area, Member States recovered EUR 169.4 million from the beneficiaries during the financial year 2012 while EUR 1 216.8 million remains to be recovered from the beneficiaries at the end of that financial year was; takes note that the recovery rate of 43% is significantly affected by the low recovery rates (below 30%) displayed by six Member States3 a; calls on those Member States to take the adequate measure to ensure significantly higher level of recovery rate; __________________ 3a Belgium (23%), Bulgaria (4%), Greece (18%), France (22%), Slovenia (25%) and Slovakia (26%)
Amendment 42 #
2013/2132(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets however the lack of information on the amounts to be recovered and the recovery rates related to the cohesion policy for the financial year 2012; calls on the Commission to provide detailed information on this respect in its future annual report;
Amendment 43 #
2013/2132(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the continuing wide divergence in Member States’' approaches to fraud, reflecting chiefly legal and organisational differences, both between countriamong Member States and between administrations in the same country, but also the fact that fraud detection is approached in a variety of ways; points out, too, that Member States are still failing to forward data on time or are supplying inaccurate data, thus impeding comparison and objective country-by-country evaluation of the scale ofis notably concerned that in cases of fraudulent irregularities some Member States limit their actions to the application of financial corrections instead of investigating the potential criminal offence; emphasizes that such failure to investigate criminal offences could encourage fraudulent behaviours hence undermining the fight against fraud, and that this makes it very hard to assess the real situationfraudsters; calls on those Member States to invest more resources to counter fraud including through criminal proceedings; asks the Commission to continue to monitor closely the workings and effectiveness of Member States’' current surveillance and control systems and stresses how important it is that the Commission should establish uniform reporting principles for all the Member States and ensure that the data collected are comparable, reliable and sufficient; calls on Member States to implement the Commission’'s recommendations, particularly with regard to early detection, simplification of the rules and rapid reporting; calls, too, for Member States to ensure that the information they submit is as exhaustive as possible, that it reflects the facts and that it is supplied on time;(The information related to statistical data would be better placed in a separate paragraph)
Amendment 44 #
2013/2132(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 45 #
2013/2132(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Underlines that greater transparency allowing for proper scrutiny is key to detect fraud schemes; recalls that in previous years the Parliament urged the Commission to take action to ensure one- stop transparency of all beneficiaries of EU-funds from all Member States by publishing on the same Commission's site all beneficiaries of EU funds , independently of the administrator of the funds and based on standard categories of information to be provided by all Member States in at least one working language of the Union; calls on the Member States to cooperate with and provide to the Commission full and reliable information regarding the beneficiaries of the EU funds managed by Member States; regrets that this measure has not been implemented and calls on the Commission to implement it urgently;
Amendment 46 #
2013/2132(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Notes that in 2012 OLAF made 54 recommendations for judicial action were sent to national authorities and about EUR 284 000 000 was recommended for recovery; regrets the lack of information on the number of judicial proceedings launched and the level of amounts actually recovered based on OLAF recommendations as well as the conviction rate in cases involving offences against the Union's budget; reiterates its call on the Commission and the Member States to ensure the effective and timely implementation of the recommendations made once cases have been investigated by OLAF;
Amendment 48 #
2013/2132(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Is however seriously concerned that in some instances OLAF dismissed cases and transferred those cases back to Directorate Generals for appropriate action while they have no investigative competencies;
Amendment 51 #
2013/2132(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that since 2012 OLAF establishes Investigation Policy Priorities (IPPs) on a yearly basis in order to improve its investigation selection procedure; observes significant changes between the IPPs selected in 2012, 2013 and 2014 and is therefore concerned by the risk entailed of a lack of consistency in the overall investigation selection procedure; is of the opinion that future IPPs should always be subject to a thorough evaluation assessing based on concrete needs, measurable indicators and lessons learnt from past IPPs; calls on OLAF to provide detailed information on the way it decides on IPPs;
Amendment 52 #
2013/2132(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Is seriously concerned that the financial indicators for the 2012 IPPs and 2013 IPPs were excessively high and established without adequate consultation with the relevant stakeholders revealing a lack of consistency with the Commission's anti-fraud strategy and putting at risk the effective protection of the Union's financial interests; highlights in particular that OLAF defined the financial indicator for the rural development priority as over EUR 250 000 thus ruling-out 99,83% of cases since the majority of the beneficiaries receives subsidies below that threshold; takes note that the policy on financial indicators has been reviewed but is worried by the absence of financial indicators for the draft IPPs for 2014; supports OLAF's Supervisory Committee recommendations and insists that balanced financial indicators defined in consultation with the relevant stakeholders are key to ensure an efficient case selection procedure;
Amendment 62 #
2013/2132(INI)
Motion for a resolution
Subheading 6
Subheading 6
New-look European anti-fraud policy and programmes
Amendment 67 #
2013/2132(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the first report onpublication of the first anti- corruption policyreport and all the suggestions for intensifying exchanges of current good practice and identifying relevant new measures to be taken at EU level; regrets however that the content of the report presents a limited overview of corruption in the European Union; calls for further efforts, commensurate with the large sums of money at stake, in order to prevent and penalisesanction efficiently corruption, which corrodes the Europe’san economy and undermine, harms Member States’' revenue from taxation and undermines the citizens' trust in their institutions;
Amendment 71 #
2013/2132(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Welcomes the publication of the Commission study "Identifying and Reducing Corruption in Public Procurement in the EU" following the Parliament's request which develops a methodology to measure costs of corruption in public procurement concerning the Union's funds; notes that the overall direct costs of corruption in public procurement in 2010 is estimated to EUR 1.4 - 2.2 billion for the five sectors studied in 8 Member States 4 a; underlines that the study recommended inter alia further transparency in public procurement, improved auditing and evaluation mechanisms, the development of a central collection of public procurement data, an update of the TED- database as well as a reinforced whistle- blowers protection; calls on the Commission to provide information on the policies and measures implemented in order to address those recommendations; __________________ 4a Road & rail, Water & waste, Urban/utility construction, Training and Research & development in France, Hungary, Italy, Lithuania, the Netherlands, Poland, Romania and Spain
Amendment 73 #
2013/2132(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. SNotes that according to official estimates EU Member States lose over 11 billion euro per year in tax revenues due to cigarette smuggling at the benefit of organised crime networks; strongly supports the Commission and OLAF on the introduction of an action plan to combat cigarette smuggling;
Amendment 76 #
2013/2132(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the adoption of the Regulation establishing Hercule III for the financial period 2014-2020; notes that with a budget of over EUR 104 million the programme will co-finance inter alia scanning equipment to identify smuggled goods in trucks, automated container- code and number-plate recognition systems in order to reinforce the fight against smuggling and counterfeiting; regrets the lack of transparency observed during the implementation of Hercule II on the purchase and utilisation of technical equipment by the beneficiaries and reminds that the situation led the Parliament to hold in reserve some of OLAF's appropriations from the 2013 and 2014 Union's budget pending appropriate information to be received on this matter; calls on OLAF continue to provide those information including details on the current status and impact of the financed equipment and to demonstrate greater transparency in the implementation of Hercule III;
Amendment 2 #
2013/2129(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Charter of Fundamental Rights of the European Union,
Amendment 3 #
2013/2129(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
Amendment 4 #
2013/2129(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to the Council conclusions of 8 June 2011 on the memory of the crimes committed by totalitarian regimes in Europe,
Amendment 5 #
2013/2129(INI)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
– having regard to its many previous resolutions on democracy and respect for fundamental rights and freedoms, including that of 13 January 1983 on the situation in Estonia, Latvia and Lithuania, of 27 January 2005 resolution on remembrance of the Holocaust, anti- semitism and racism, of 12 May 2005 on the 60th anniversary of the end of the Second World War in Europe on 8 May 1945, of 28 September 2005 on the 25th Anniversary of Solidarity and its message for Europe, of 26 October 2006 on the 50th anniversary of the 1956 Hungarian Uprising and its historical meaning for Europe, of 23 October 2008 on the commemoration of the Holodomor, and that of 15 January 2009 on Srebrenica,
Amendment 60 #
2013/2129(INI)
Motion for a resolution
Recital C
Recital C
C. whereas for many European countries the end of the Second World War did not lead to full freedom; whereas Latvia, Lithuania and Estonia and part of Romania were forcefully incorporated into the Soviet Union in 1940; whereas many eastern and central European countries were held captive by Soviet imposed communist dictatorships; whereas democracy was stifled in parts of Southern Europe until the late 1970s; whereas for many years after the war Europe was divided, and its central and eastern parts not fully liberated until after 1989, when the opportunity presented itself for genuine integration across the entire continent;
Amendment 143 #
2013/2129(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the presentation and teaching of history should be based not on political interpretation but on solid research work; whereas the full opening up of historical archives, including those of the former internal security services, secret police and intelligence agencies, will make it possible to carry out diligent research and to verify ‘historical lies’;
Amendment 154 #
2013/2129(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the creation of athe Platform of European Memory and Conscience is an essential step on the road to genuine reconciliation among European nations, and whereas EU financial support is essential for this project to achieve its mission;
Amendment 163 #
2013/2129(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas activities related to the awareness and education and research of the crimes committed by totalitarian communist regimes are only in place in the Member States which experienced such crimes, while in other Member States there is insufficient awareness of these crimes;
Amendment 168 #
2013/2129(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas legislation on the denial of the Holocaust exists in 10 Member States, only four Member States have national legislation on the denial of crimes committed by totalitarian regimes which explicitly includes crimes committed by totalitarian communist regimes;
Amendment 170 #
2013/2129(INI)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas all Member States have commemoration days of the Holocaust, while 9 Member States commemorate European Day of Remembrance for the Victims of Stalinism and Nazism, as called upon by the declaration of the European Parliament adopted on 23 September 2008;
Amendment 171 #
2013/2129(INI)
Motion for a resolution
Recital K d (new)
Recital K d (new)
Kd. whereas the dominant historical experience of Western Europe was Nazism, and whereas Central and Eastern European countries have experienced both Communism and Nazism; whereas understanding has to be promoted in relation to the double legacy of dictatorship borne by these countries;
Amendment 172 #
2013/2129(INI)
Motion for a resolution
Recital K e (new)
Recital K e (new)
Ke. whereas Europe will not be united unless it is able to form a common consciousness, recognises Nazism, Stalinism and fascist and Communist regimes as a common legacy and brings about an honest and thorough debate on their crimes in the past century;
Amendment 173 #
2013/2129(INI)
Motion for a resolution
Recital K f (new)
Recital K f (new)
Kf. whereas there can be no reconciliation without truth and remembrance;
Amendment 230 #
2013/2129(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that it is unacceptable to apply double standards when assessing and critically analysing Communism and National Socialismcritical assessment and analysis of the National Socialist and other totalitarian regimes should be pursued with equal perseverance;
Amendment 254 #
2013/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that historical truth and memory, nurtured among other things by educational activities and cultural events, will reinforce genuine reconciliation between nations and authentic European integration based on truth and therefore recommends that greater efforts should be made to teach the history of Eastern Europe in Western Europe and vice versa;
Amendment 262 #
2013/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognizes that raising awareness about the totalitarian experiences of Member States will help form a common consciousness and therefore recommends support of the teaching of a comparative history of totalitarian regimes;
Amendment 276 #
2013/2129(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the proposal for aof the Platform of European Memory and Conscience, the aim of which is to establish an international judicial body to deal with the most serious crimes of the Communist dictatorships;
Amendment 285 #
2013/2129(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to support ambitious history teaching programmes which do not gloss over the most difficult episodes; recognises that while Member States have complete autonomy as regards the content of their teaching syllabuses, they have to be based on common European values;
Amendment 335 #
2013/2129(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the European Union should support cooperation between institutes and organisations which foster historical memory, and in this context calls on the Commission to ensure financial support for professional historical research to form the basis for future educational and cultural projects; calls for historical archives, particularly archives of repressive forces of the totalitarian dictatorships, to be fully opened up to research historians;
Amendment 351 #
2013/2129(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for efforts to make education on totalitarianism in Europe more comprehensive, including education, research and remembrance on crimes committed by the totalitarian Communist regimes, which could not have been adequately addressed during the post-war decades;
Amendment 352 #
2013/2129(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Condemns the trivialization of totalitarianism through the public use of its symbols by the media, advertising and others;
Amendment 353 #
2013/2129(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that archives are essential for research and in turn research for the promotion of education and knowledge, therefore calls for a Statute of European Heritage for historical archives, including those of the former internal security services, secret police and intelligence agencies, which would provide a safeguard for the common history of the European Union;
Amendment 2 #
2013/2117(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission has issued the EU Justice Scoreboard, which is a comparative tool aiming to assess the effectiveness of national justice systems, with the goal of better defining justice policies, and its scope focuses on the parameters of justice systems which contribute to improving the business and investment climate in the European Union;
Amendment 3 #
2013/2117(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU Justice Scoreboard compares national justice systems using particular indicators, but does not present an overall ranking of national justice systems;
Amendment 5 #
2013/2117(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the justice systems of Member States in 2010, the average disposal time for first-instance non- criminal cases was 249 days, the average disposal time for civil and commercial cases was 183 days; the average enforcement disposal time was 345 days, and the average disposal time for administrative law cases was 514 days;
Amendment 6 #
2013/2117(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, in one third of Member States, the duration of proceedings is at least twice as long as the average for all Member States;
Amendment 7 #
2013/2117(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas, according to a World Economic Forum survey on Judicial Independence, the perceived independence of national justice systems varies widely across the EU, as certain Member States have some of the highest levels of perceived independence, while others have lower rankings;
Amendment 38 #
2013/2117(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Expresses the hope that the scoreboard will serve, in the future, as a foundation for the continuing harmonisation of laws and practices across all Member States;
Amendment 32 #
2013/2109(INL)
Motion for a resolution
Recital C – point iii – point a (new)
Recital C – point iii – point a (new)
a) the lack of harmonised application of EAW across Member States for crimes perpetuated prior to the entry into force of Framework Decision 2002/584/JHA;
Amendment 53 #
2013/2109(INL)
Motion for a resolution
Recital C – point ix
Recital C – point ix
(ix) the poor and inhuman conditions in a number of detention facilities across the Union and the impact that this has on the effectiveness and functioning of Union mutual recognition instruments as well as on mutual confidence;
Amendment 95 #
2013/2109(INL)
Motion for a resolution
Paragraph 4 – point a (new)
Paragraph 4 – point a (new)
(a) Calls on Member States to take all appropriate measures needed to ensure that Framework Decision 2002/584/JHA can apply to crimes committed prior to June 2002;
Amendment 101 #
2013/2109(INL)
Motion for a resolution
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Calls on Member States to ensure that their judicial authorities resort to EAWs only in cases of suspects involved in major offences;
Amendment 109 #
2013/2109(INL)
Motion for a resolution
Paragraph 7 – point a (new)
Paragraph 7 – point a (new)
(a) Calls on the Member States to address the shortcomings related to the EAW's implementation at national level.
Amendment 121 #
2013/2109(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to explore the legal and financial means available at Union level to improve detention conditions and differences in protection for defence rights in Member States.
Amendment 27 #
2013/2078(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
– having regard to its resolution of 15 September 2011 on the EU's efforts to combat corruption1, __________________ 1 Text adopted, P7_TA(2011)0388.
Amendment 28 #
2013/2078(INI)
Motion for a resolution
Citation 37 b (new)
Citation 37 b (new)
Amendment 59 #
2013/2078(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas corruption causes social harm and breaches in fundamental rights, as organised crime groups use it to commit other serious crimes, such as trafficking in human beings; whereas an efficient, independent and impartial judicial system is essential for the rule of law and to ensure the protection of fundamental rights and civil liberties of citizens in Europe;
Amendment 95 #
2013/2078(INI)
Motion for a resolution
Paragraph 3 – point a a (new)
Paragraph 3 – point a a (new)
(aa) ensure the promotion of a substantial rule of law approach which takes into account how the fundamental rights are protected in practice;
Amendment 96 #
2013/2078(INI)
Motion for a resolution
Paragraph 3 – point a b (new)
Paragraph 3 – point a b (new)
(ab) acknowledge that there is a need of a strong political will to address these issues especially in times of economic and financial crisis;
Amendment 99 #
2013/2078(INI)
Motion for a resolution
Paragraph 3 – point c
Paragraph 3 – point c
(c) plan ambitious, efficient and far- reaching policies and action programs for fundamental rights and common European values;
Amendment 111 #
2013/2078(INI)
Motion for a resolution
Paragraph 3 – point e a (new)
Paragraph 3 – point e a (new)
(ea) establish a common criminal law approach across Member States;
Amendment 133 #
2013/2078(INI)
Motion for a resolution
Paragraph 4 – point e
Paragraph 4 – point e
(e) develop and adopt a set of recommendations and penaltielong with effective and proportionate penalties for both natural and legal persons (e.g. the temporary suspension of Fund commitments, the application of certain acts, etc.) to deal with violations of Article 2 and Article 7 of the EU Treaty;
Amendment 182 #
2013/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates its call for a full investigation into collaboration by European States in the ‘'extraordinary rendition’' programme of the United States and the CIA, flights and secret prisons within the territory of the Union, and insists that Member States must perform effective, impartial, in-depth, independent and transparent investigations and that there is no place for impunity; reminds the Member States that the ban on torture is absolute and, therefore, that State secrecy cannot be invoked to limit the obligation on States to investigate serious human rights violations; stresses that in case of non-compliance with the above, the Member States' reputation and trust in their commitment to protect fundamental rights is at stake;
Amendment 223 #
2013/2078(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses its concern about the numerous breaches of the right of asylum and of the obligation to extend protection in the event of removal, expulsion and extradition of any migrant; stresses the obligation to comply with international human rights conventions, particularly the Geneva Convention and the principle of non-refoulement, and the obligation to come to the assistance of people at sea who are risking their lives to reach the European Union, and to arrange for reception conditions and procedures which respect their dignity and fundamental rights; welcomes the adoption of the ‘asylum’ package and calls on Member States to make the necessary legislative and administrative reforms to effectively implement it; deplores, however, the fact that minors can still be placed in detention and calls for them to be systematicallyas far as possible excluded from expediaccelerated procedures; reiterates its calls for the establishmentCommission to draw up strategic guidelines based on best practices in a form of common minimum standards for the reception and the protection of unaccompanied minors;
Amendment 332 #
2013/2078(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the entry into force of the Lisbon Treaty makes it necessary to increase transparency and openness in the UnionEuropean Union, in particular in its institutions, bodies, offices and agencies; is of the opinion that transparency and openness are key principles that must be further strengthened and promoted in order to ensure good governance and full participation of civil society in the European decision-making process; deplores the interinstitutional blockage of the revision of Regulation (EC) No 1049/2001 on the right of access to documents and information; calls on the Council and Commission to resume their work on the revision of this Regulation, on the basis of the proposals by Parliament;
Amendment 16 #
2013/2074(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas corruption is part of the good governance principle, such as upheld and defined by articles 9(3) and 97 of the Cotonou Agreement;
Amendment 20 #
2013/2074(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas corruption is generally deeply entrenched in the mentality of the societies where it permeates and all efforts to combat it should focus first and foremost on the education system, targeting people at the earliest age possible;
Amendment 21 #
2013/2074(INI)
Motion for a resolution
Recital D
Recital D
D. whereas states may enable and even foster violations of rights of their citizens bysometimes failing to act in preventing or punishing corruption in public and private sectors, in breach of their international obligations under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and the other relevant international and regional human rights instruments;
Amendment 26 #
2013/2074(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, according to the World Bank, corruption represents 5% of global GDP (US$ 2.6 trillion) with over US$ 1 trillion paid in bribes each year. Corruption adds up to 10% of the total cost of doing business on a global basis and 25% to the cost of procurement contracts in developing countries1; __________________ 1 From International Chamber of Commerce, Transparency International, UN Global Compact, World Economic Forum, Clean Business is Good Business, 2009
Amendment 27 #
2013/2074(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the World Bank estimates that each year, US$ 20 to US$ 40 billion, corresponding to 20% to 40% of official development assistance, is stolen through high-level corruption from public budgets in developing countries and hidden overseas; 2 __________________ 2 International Chamber of Commerce, Transparency International, UN Global Compact, World Economic Forum, Clean Business is Good Business, 2009
Amendment 28 #
2013/2074(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Amendment 35 #
2013/2074(INI)
Motion for a resolution
Recital J
Recital J
J. whereas human rights defenders, media and civil society organisations (CSOs) and investigative journalists play a crucial role in the fight against corruption by scrutinising public budgets, monitoring government activities, offering capacity- building skills and expertise and demanding transparency and accountability; whereas journalists reporting on corruption and organised crime are increasingly targeted and harassed by organised crime groups, ‘parallel powers’ and the public authorities, especially in developing countries;
Amendment 46 #
2013/2074(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas 25% of the total opened investigations by the European Anti- Fraud Office regarded European external aid to third countries, and 17.5 millions Euros were recovered as a result of these investigations;4 __________________ 4 OLAF Annual Report 2011
Amendment 52 #
2013/2074(INI)
Motion for a resolution
Recital N
Recital N
N. whereas aid donors and international financial institutions (IFIs), such as the World Bank (WB) and the International Monetary Fund (IMF), have lost the opportunity toshould foster truhe governance reform in debtor countries in the past and haveand contributed to the corruption and concentration of power by the elites by not assessing and addressing the risks of corruption and degradation of human rightan effective fight against corruption, also by addressing the risks sometimes associated with many measures imposed in the context of structural adjustment programmes (SAPs), such as the privatisation of state-owned businesssuch as the privatization of state-owned industries and resources, foreseen in the Structural Adjustment Programmes;
Amendment 65 #
2013/2074(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. HighlightWelcomes, in this regard, the need to further the use of automatic information exchange and to extend the scoperenegotiation of the Savings Taxation Directive in order, meant to effectively end banking secrecy; considers that strengthening the regulation of, and transparency as regards, company registries and registers of trusts in all EU Members States is a prerequisite for dealing with corruption, both in the EU and in third countries; believes that EU rules should impose an obligation of registration on all legal structures and their beneficial ownership data, and that these data should be published, at no charge, online, electronically tagged, and in a searchable format;
Amendment 82 #
2013/2074(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. UrgesCalls on the Commission to propose an extension of the definition of human rights defenders in the EU Guidelines on Human Rights Defenders to include anti-corruption activists, investigative journalists and, notably, whistleblowers;
Amendment 85 #
2013/2074(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that the EU, as a majorworld leading donor, should follow and expand recent instances of linking the delivering of EU external aid to budget reforms towards greater transparency, access to data and participatory processes and harmonising guiding principles in this regard with other donors; is of the opinion that the EU should establish clear and public benchmarks and incentives for recipient governments to open up their budget processes and incorporate transparency, public participation and oversight components into their efforts, through training or technical assistance; urges the EU to promote and support the development of an enabling environment for oversight bodies in developing countries (including parliaments, courts of auditors, CSOs and the media) to carry out their core functions and therefore fight corruption;
Amendment 86 #
2013/2074(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out, on the other hand, that the EU should not foster ‘advanced partnerships’ with kleptocratic regimes which do not show the political will to genuinely implement the above-mentioned principles, unless dialogue, pressure and cooperation from the EU towards the need for reform is visible and transparentthat the EU should use the framework of 'advanced partnerships' in order to pressure those regimes that suffer from endemic corruption to adopt reforms; takes the view that the EU should publicly condemn the enactment of laws which restrict the freedom of the media and the activities of civil society as cornerstones of accountability and that it should draw up strategies to adapt relations with those countries so as to foster reform in a visible way;
Amendment 90 #
2013/2074(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 94 #
2013/2074(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the G20 Seoul Anti- Corruption Action Plan and believes that the momentum created should be sustained so as to ensure a coordinated international effort meant to combat corruption in key areas;
Amendment 100 #
2013/2074(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the European Commission to consolidate the cooperation with other donors and the International Organisation of Supreme Audit Institutions to develop capacities of Supreme Audit Institutions in aid recipient countries, in order to implement the International Standards for Supreme Audit Institutions in developing countries;
Amendment 102 #
2013/2074(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Invites the EU Member States to support the establishment of a UN Special Rapporteur on corruption and human rights with a comprehensive mandate, including an objectives-oriented plan and on a periodic evaluation of the anti-corruption measures taken by States;
Amendment 114 #
2013/2074(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the agreements reached between the European Parliament and the Council requiring companies in the extractive sector and loggers of primary forests to disclose payments to governments on a country-by-country and project basis; urges governments of all partner countries to require country-by-countryequivalent disclosure of payments of transnational companies registered or listed on financial markets in their jurisdiction; urges the EU to promote this standard of reporting in the context of its relations with partner countries;
Amendment 119 #
2013/2074(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Points out that all efforts to combat corruption should be accompanied by support for programmes meant to prevent corruption through education and awareness-raising campaigns;
Amendment 121 #
2013/2074(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Is of the opinion that the standard human rights clause introduced in all agreements with third countries should also include a commitment towards the protection and promotion of good governance;
Amendment 122 #
2013/2074(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Encourages the Commission to propose in the next revision of the Cotonou Agreement the respect of good governance as an essential element of the Agreement and to widen the scope of the definition of corruption, allowing the sanctioning of breaches of the good governance clause in all serious circumstances, and not only when related to economic and sectoral policies and programmes on which the European Union is a significant partner in terms of the financial support;
Amendment 123 #
2013/2074(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that a human rights- based approach to the asset-recovery process by states emerging from corrupt dictatorships, namely Arab Spring countries, demands that Member States, as recipient countries, understand repatriation not as a discretionary measure but as a duty arising from the obligations of international cooperation and assistance; considers, moreover, that a human rights-based approach requires that repatriated funds be appropriately used in the creation of conditions to assure compliance with human rights obligations and to avoid new corruption- based diversions; requires that the EU assist in ensuring that repatriated funds be appropriately administered in a transparent and efficient manner that benefits the citizens of the country in question, in full compliance with international human rights obligationWelcomes the decision of the EU- Egypt and EU-Tunisia Task Forces to finalise a roadmap for the return of the illicitly acquired assets which are still frozen in a number of third countries; considers that asset-recovery provisions will support the efforts of countries to redress the worst effects of corruption and urges the EU and its Member States to make further significant efforts aimed at facilitating the return of misappropriated assets stolen by the former regimes to the people of Arab Spring countries;
Amendment 126 #
2013/2074(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. CallPoints onut the EU and its Member States to take a lead in the UN efforts to ratify and implement the International Arms Treaty, establishing common binding standards, based on international human rights and humanitarian law, to assess international weapons transfers; encourages the EU to go beyond the treaty and set up independent mechanisms to monitor all arms transfers and combat the opaqueness in the arms trade sector and demand far greater transparency, especially in at corruption in the arms trade represents a large proportion of the corruption present in global transactions; welcomes the Arms Trade Treaty (ATT) adopted by the UNGA on 2 April 2013; welcomes the commitment of the Member States to sign the Arms Trade Treaty at the earliest possible date and calls on them to also take a lead in the UN efforts for the rapid ratification and implementation of the International Arms Trelation to the use of intermediaries and economic/industrial offsety by all UN member states;
Amendment 81 #
2013/0445(NLE)
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 report back to the Governing Board on the delegated powers and shall be authorised to sub-delegate those powers.
Amendment 140 #
2013/0445(NLE)
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 on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following the publication of a call for expressions of interest in the Official Journal of the European Union and elsewhere, and based on a positive opinion of the European Parliament. Before being appointed, the candidate selected by the Governing Board shall answer the questions by the members of the Committee on Industry, Research and Energy and the Committee on Budgetary Control of the European Parliament.
Amendment 144 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 10 – point 5 – introductory part
Annex 1 – part 10 – point 5 – introductory part
5. The Executive Director shall set up a Programme Office for the execution, under his/ her responsibility, of all support tasks arising from this Regulation. The Executive Director shall establish for the Joint Undertaking and within a year following the date of its set-up: - an anti-fraud strategy, - a strategy for preventing and managing conflict of interests, and - a strategy on the protection of whistle- blowers. The Executive Director shall submit each strategy to the Governing Board. The Executive Director shall establish regular review exercises for each strategy and its respective implementing rules. The Programme Office shall be composed of the staff of the S2R Joint Undertaking and shall in particular carry out the following tasks:
Amendment 19 #
2013/0255(APP)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the principle of zero tolerance against the EU budget should be applied in order to address fraud against the financial interests of the European Union in a coherent and efficient manner;
Amendment 31 #
2013/0255(APP)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers the Commission proposal to be a further step towards the establishment of a European criminal justice area and in strengthening the tax payers’ confidence in the EU;
Amendment 44 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point i a (new)
Paragraph 4 – point i a (new)
(ia) the European Public Prosecutor’s Office should be given full independence both from national governments and from EU institutions and be protected from any political pressure;
Amendment 104 #
2013/0255(APP)
Motion for a resolution
Paragraph 6 – point i
Paragraph 6 – point i
(i) in order to ensure a successful and fair outcome for investigations and their coordination, those who are required to conduct them should have in-depth knowledge of the legal systems of the countries concerned. To that end, the organisational model of the EPPO should include, centrally, at least one representative per Member State;
Amendment 20 #
2013/0234(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) to align strategies with Member States to attract private investment and contribute to the effectiveness of public support by avoiding unnecessary duplication and fragmentation of efforts, apply a simplified operating model and simplification measures, and easing participation for actors involved in research and innovation;
Amendment 23 #
2013/0234(NLE)
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 shall be authorised to sub-delegate those powers. report back to the Governing Board on the delegated powers and shall be authorised to sub-delegate those powers. The Executive Director shall be appointed by the Governing Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following the publication of a call for expressions of interest in the Official Journal of the European Union and elsewhere. The Governing Board shall decide in accordance with the opinion of the European Parliament based on the joint recommendation of the Committee on Industry, Research and Energy and the Committee on Budgetary Control. Before being appointed, the candidate selected by the Governing Board shall answer the questions by the members of the Committee on Industry, Research and Energy and the Committee on Budgetary Control of the European Parliament. The Executive Director shall establish for the Joint Undertaking and within 6 months following the date of its set-up: - an anti-fraud strategy, - a strategy for preventing and managing conflict of interests, and - a strategy on the protection of whistle- blowers. The Executive Director shall submit each strategy to the Governing Board. The Executive Director shall establish regular review exercises for each strategy and its respective implementing rules. The first review shall take place within 6 months from the establishment of the three strategies.
Amendment 25 #
2013/0234(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
In exceptional circumstances, the Governing Board may decide to temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the latter, and exercise them itself or delegate them to one of its members or to a staff member of the ECSEL the Joint Undertaking other than the Executive Director. The Governing Board shall inform in writing the Commission and the European Parliament on such decisions of suspension within 5 working days, provide detailed reasons and specify the implementing rules of new or temporary provisions with regard to the management of the Joint Undertaking
Amendment 40 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 6 – paragraph 2
Annex – section 6 – paragraph 2
2. The Governing Board shall elect by open ballot a chairperson for a period of at least one year.
Amendment 45 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 8 – paragraph 1 – subparagraph 1
Annex – section 8 – paragraph 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, followingafter an open and transparent selection procedure. The Commission shall associate the representation from the ocompetition, following the publication of a call for expressions of interest in the Official Journal of the European Union and elsewhere. The Governing Board shall decide in accordance with the opinion of the European Parliament. Before being appointed, the candidate selected by the Governing Board shall answer the questions by ther members of the ECSEL Joint Undertaking in the selection procedure as appropriateCommittee on Industry, Research and Energy and the Committee on Budgetary Control of the European Parliament.
Amendment 51 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 9 – paragraph 4 a (new)
Annex – section 9 – paragraph 4 a (new)
4 a. The Executive Director shall establish for the Joint Undertaking and within 6 months following the date of its set-up: - an anti-fraud strategy, - a strategy for preventing and managing conflict of interests, and - a strategy on the protection of whistle- blowers. The Executive Director shall submit each strategy to the Governing Board. The Executive Director shall establish regular review exercises for each strategy and its respective implementing rules. The first review shall take place within 6 months from the establishment of the three strategies.
Amendment 33 #
2013/0106(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Legal harmonisation over the obligations regarding persons in need of international protection is essential for joint Union action in order to save human lives and ensure the security of the Union.
Amendment 35 #
2013/0106(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The lack of a Union burden sharing system also contributes to the overburdening of the Member States bordering the Mediterranean Sea.
Amendment 95 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In case of disembarkation in a third country, the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation. They shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non-refoulement. Persons in need of international protection who arrive by sea shall be treated equally to other applicants in search of protection arriving on mainland.
Amendment 154 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. When there are reasonable grounds to suspect that a ship is engaged in trafficking of human beings and illegal immigration: (a) assistance shall be given to victims; (b) all goods and instrumentalities used in activities related to trafficking of human beings and illegal immigration shall be frozen with the view to preserve the evidence and ensure confiscation where ordered.
Amendment 104 #
2013/0025(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Furthermore, the misuse of the financial system to channel criminal or even clean money to terrorist purposes poses a clear risk to the integrity, proper functioning, reputation and stability of the financial system. Accordingly, the preventive measures of this Directive should cover not only the manipulation of money derived from crime but also the collection of money or property for terrorist purposes. It should also address the vulnerabilities of the financial systems in the different EU Member States.
Amendment 124 #
2013/0025(COD)
Proposal for a directive
Recital 11
Recital 11
(11) It is important to ensure and enhance the traceability of payments. The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entities.
Amendment 176 #
2013/0025(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. For the purposes of this Directive, the following conduct, when committed intentionally, shall be regarded as money laundering:
Amendment 177 #
2013/0025(COD)
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the conversion or transfer of property, knowing, or should have known based on concrete facts and circumstances, that such property is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of avoiding freezing or confiscation orders or of assisting any person who is involved in the commission of such activity to evade the legal consequences of his action;
Amendment 306 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) whenever a company is formed.
Amendment 359 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entitieentities, including trusts, foundations, holdings and all other similar, in terms of structure and function, existing or future legal arrangements established within their territory obtain and hold adequate, accurate and current information on their beneficial ownershipr governed under their law, obtain, hold and transmit to a public register, adequate, accurate and current information on their beneficial ownership, at the moment of establishment or any changes thereof. The public register shall contain but not be limited to the following information: a) name, legal form and status of the corporate or legal entity; b) proof of incorporation; c) address of the registered office; d) basic regulatory powers; e) list of directors; f) shareholder information including names, dates of birth, the number of shares per shareholder, and categories of shares. The requirements stipulated in this paragraph shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on this information as sufficient to fulfil these obligations.
Amendment 368 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Regarding trusts or other types of legal entities and arrangements with a similar structure and function, the information shall also include the trust deed, the letters of wishes, identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in Article 10(b), (c) and (d). Member States shall ensure that the trust is registered before the business relationship is established or the occasional transaction is performed.
Amendment 389 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member States shall ensure that the information referred to in paragraphs 1 and 1a of this Article canshall be accessed in a timely mannerible by competent authorities and by obliged entities, obliged entities and the general public in a timely manner. The information should be available online, in an open data format.
Amendment 420 #
2013/0025(COD)
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate financial, technical and human resources in order to fulfil its tasks. Member States shall ensure that the FIU is free from undue interference.
Amendment 431 #
2013/0025(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Without prejudice of paragraph 1, Member States shall require obliged entities to address systematically to the FIU of each Member State concerned by the operation reported, other kind of information, such as threshold-based transactions defined at national level on specific situations considered at risk for money laundering and financing terrorism, with all relevant elements of information.
Amendment 438 #
2013/0025(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect whistle blowers and employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats or hostile action.
Amendment 462 #
2013/0025(COD)
Proposal for a directive
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. Member States shall require that obliged entities appoint the member(s) of the management board who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.
Amendment 470 #
2013/0025(COD)
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Member States shall ensure that the competent authorities have adequate powers, including the power to compel the production of any information that is relevant to monitoring compliance and perform checks, and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of these authorities maintain high professional standards, including standards of confidentiality and data protection, they shall be of high integrity and be appropriately skilled. Member States shall ensure that conflict of interests do not arise among members of the Boards and staff of competent authorities. A conflict of interests exists where the impartial and objective exercise of the functions of a person is compromised for reasons involving family, emotional life, political, professional activity or national affinity, economic interest or any other shared interest with an obliged entity;
Amendment 480 #
2013/0025(COD)
Proposal for a directive
Article 50 – paragraph 2 – subparagraph 1 (new)
Article 50 – paragraph 2 – subparagraph 1 (new)
Especially, when a FIU based in the Union wants to obtain additional information from an obliged entity of another Member State which operates on its territory, the request shall be addressed to the FIU of the Member State in whose territory the obliged entity is situated. This FIU shall transfer requests and answers promptly and without any filter.
Amendment 509 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1a. Member States shall ensure that non- conviction based confiscation of property on the balance of probabilities, extended confiscation and confiscation from third parties should be extensively used. In all cases confiscation must be ordered by a court be it criminal or civil.
Amendment 2 #
2012/2287(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to the outcomes of the EU- US Summit held on 28 November 2011 in Washington D.C.,
Amendment 3 #
2012/2287(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the joint declarations by the 71st Transatlantic Legislators' Dialogue (TLD) held in December 2011 in Jacksonville, the 72nd TLD held in June 2012 in Copenhagen and Strasbourg, and the 73rd TLD held in Washington D.C. in November 2012,
Amendment 15 #
2012/2287(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the global economic downturn has led to significant defence spending cutbacks in both the EU and US;
Amendment 27 #
2012/2287(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in parallel to the shift in the global landscape triggered by the rise of the East,Eastern Asia and the increasing role of the BRICS; think-tanks, international organisations and some governments have recently been highlighting the growing importance of the Atlantic Basin as a whole, including its southern dimension, and the need for cooperation between the countries of which it is composed, so as to enable all of them to deal with problems that are common to the wider region;
Amendment 60 #
2012/2287(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the High Representative for Foreign Affairs and Security Policy/Vice- President of the European Commission (HR/VP), the Council, the Commission and the EU Member States to enhance their coordination of EU policy vis-à-vis the US administration, in such a way as to allow the EU to be considered a coherent and efficient international player; highlights the importance of also strengthening the common security and defence policy, given the different crises that may arise in the EU's neighbouring regions and the US's ‘leading from behind’ doctrine;
Amendment 66 #
2012/2287(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the fact that the NATO's Active Layered Theatre Ballistic Missile Defence shield has reached interim capability as of 2012; sees the cooperation and assistance of Germany, Poland, Romania and Turkey in completing this program as a significant moment, where their contributions will greatly benefit the entire EU and NATO countries; regrets the decision to abandon the final phase of the missile shield; believes that this decision should be reconsidered in the light of the present threats;
Amendment 82 #
2012/2287(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WReiterates the growing importance of cyber defence and welcomes the creation, at the 2010 Summit, of the Working Group on Cyber- Security and Cyber-Crime; believes that the EU and the US should give special priority to their cooperation on countering cyber attacks and cyber-crime;
Amendment 122 #
2012/2287(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that democracy, the rule of law and respect for human rights must be a central feature of the Atlantic Basin countries; encourages further cooperation between EU - US programs promoting democracy, legitimate elections and the preservation of human rights;
Amendment 141 #
2012/2287(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes President Obama's renewed commitment to the fight against climate change; urges the partners to agree, as early as possible, on binding commitments on the reduction of greenhouse gas emissions; highlights the need to involve the Atlantic countries in this effort, especially because of the impact of climate change on food production, biodiversity, desertification and deforestation in Latin America and Atlantic Africa;
Amendment 157 #
2012/2287(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the partners to closely coordinate in supporting the democratic transition in North Africa and the Middle East on the basis of a comprehensive and conditional strategy; urges the partners to maintain pressure on Russia and China in order to urgently reach a diplomatic solution to the tragic crisis in Syria; encourages cooperation in order to support democratization programmes in the area;
Amendment 160 #
2012/2287(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need for coordination between the EU, US, AU, ECOWAS, UN and other actors to support the implementation of the roadmap to transition in Mali and to provide the African-led International Support Mission to Mali with financial and logistical support with a view to establishing a UN peacekeeping operation;
Amendment 177 #
2012/2287(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Highlights the importance of continual international cooperation in combating piracy off the coast of Somalia and in the Gulf of Aden; commends partners for their actions within European Union Naval Force Atalanta and Operation Enduring Freedom;
Amendment 190 #
2012/2287(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges both partners to coordinate their policies towards a critical engagement with Russia; calls on the EU and the US to contribute to the process of Russian modernisation; calls on both partners to engage in constructive discussions with Russia on Moldova and Georgia;
Amendment 191 #
2012/2287(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes the shift of international attention towards the Eastern Asia due to the political and economic growth of the Asia-Pacific region; welcomes the fact that closer consultation between the EU and the US on that region has recently been established;
Amendment 1 #
2012/2285(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to its 2011 Resolution on the EU's efforts to combat corruption1, its Written Declaration 2/2010 on the Union's efforts in combating corruption2, and the 2011 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee "Fighting corruption in the EU"3,
Amendment 4 #
2012/2285(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the report from the Commission to the European Parliament and the Council on the Protection of the European Union's financial interests - Fight against fraud - Annual Report 20118 (‘the Commission's annual report’); regrets, however, that the report is limited to the data reported by the Member States in different ways and therefore does not indicate the actual scale of irregularities and fraud, and that consequently; points out that Member States use different definitions for similar types of offence and do not all collect similar and detailed statistical data following common criteria which makes it difficult to collect reliable and comparable statistics at EU level; regrets therefore that it is not possible to evaluate the actual overall scale of irregularities and fraud in individual Member States or to identify and discipline those Member States with the highest level of irregularities and fraud as has been repeatedly requested by Parliament;
Amendment 7 #
2012/2285(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the factNotes that, according to the Commission's annual report, in 2011 there was a significant decrease in irregularities reported as fraudulent1230 irregularities were reported as fraudulent and that their financial impact decreased by 37% in comparison with 2010 and amounted to EUR 404 million; acknowledges that cohesion policy and agriculture remain the two main areas suffering from the highest level of fraud with a respective estimated financial impact of EUR 204 million and EUR 77 million; questions, however, whether this decrease reflects the actual state of affairs in terms of fraudulent activities or is, rather, a sign that the supervisory and control systems in the Member States are deficient;
Amendment 10 #
2012/2285(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that 233 investigative reports have been published on cases of fraud related to the misuse of EU funds over a period of 5 years within the 27 Member States with UK, Slovakia, Germany, Bulgaria, Spain Romania and Estonia being the Member States with the most active reporting 1; is of the opinion that investigative journalism proved to play a major role in exposing fraud impacting the Union's financial interests and represents a valuable source of information to be considered by OLAF and law enforcement or other relevant authorities in Member States;
Amendment 14 #
2012/2285(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that the conviction rate in cases involving offences against the Union's budget varies considerably across the European Union from one Member State to another, ranging from 14 % to 80 %; underlines that harmonisation of the Member States' criminal law systems remains limited while judicial cooperation needs reinforcement; calls for ambitious European legislation together with better cooperation and coordination between all Member States in order to ensure severe sanction against fraudsters and deter fraudulent behaviours;
Amendment 15 #
2012/2285(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Acknowledges that the amount to be recovered following irregularities detected in 2011 reached EUR 321 million of which EUR 166 million has already been recovered by the Member States; notes in this respect that in 2011 the recovery rate for Traditional Own Resources improved to 52% in comparison with 46% in 2010;
Amendment 20 #
2012/2285(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recognises that the eEastern border represents a particularly problematicvulnerable geographical area in this context; welcomes the publication by the Commission of an action plan to fight against cigarette and alcohol smuggling along the EU Eastern border16 ; 1 The OLAF report 2011, table 6, p. 22
Amendment 24 #
2012/2285(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Underlines that greater transparency allowing for proper scrutiny is key to detect fraud scheme; recalls that in previous years the Parliament urged the Commission to take action to ensure one- stop transparency of the beneficiaries of EU-funds; regrets that this measure has not been implemented; reiterates therefore its call to the Commission to design measures to increase the transparency of legal arrangements and a system where all beneficiaries of EU funds are published on the same website, independently of the administrator of the funds and based on standard categories of information to be provided by all Member States in at least one working language of the Union; calls on the Member States to cooperate with and provide to the Commission full and reliable information regarding the beneficiaries of the EU funds managed by Member States; invites the Commission to evaluate the system of 'shared management' and provide Parliament with a report as a matter of priority;
Amendment 25 #
2012/2285(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Notes that in 2011 the Commission decided financial corrections for a total amount of EUR 1 068 million and that financial corrections were implemented for EUR 822 million; notes with concern that in 2011 the recovery rate for Agriculture and rural development decreased to 77% in comparison with 85% in 2010;
Amendment 26 #
2012/2285(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. IRemains concerned that in the Commission'by the suspiciously low fraud rates reported by France, Germany, Spain and United Kingdom, especially considering their size and financial support received; regrets that in its annual report ithe Commission did not offer a definitive answer to the question of whether the low suspected fraud rates reported by France, Germany, Spain and the UK are the result of non-compliance with reporting principles, or of the ability of the control systems put in place in these Member States to detect fraud; calls on the aforementioned Member States to provide detailed and thorough explanation on their low suspected fraud rates reported as soon as possible;
Amendment 28 #
2012/2285(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
Amendment 32 #
2012/2285(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. WNotes that EUR 26 million have been recovered from the cases reported in 2011; welcomes the fact that the 2011 recovery rate in the area of pre-accession assistance has improved compared with the previous years; stresses, however, that the overall cumulative recovery rate (standing in excess of 60 %) is still unsatisfactory;
Amendment 33 #
2012/2285(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Acknowledges that following OLAF's investigations EUR 691,4 million was recovered in 2011 of which EUR 389 million relates to a single case in the Calabria region of Italy under structural funds programmes for the financing of roadworks;
Amendment 45 #
2012/2285(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets that between 2006 and 2011 Member States only took judicial actions following OLAF investigations in 46% of the cases; is of the opinion that this is insufficient and reiterates its call on the Commission and the Member States to ensure the effective and timely implementation of the recommendations made once cases have been investigated by OLAF;
Amendment 49 #
2012/2285(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Welcomes that following the Parliament's request the Commission is currently developing a methodology to measure costs of corruption in public procurement concerning the Union's funds;
Amendment 50 #
2012/2285(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Welcomes the Commission's new Anti- Fraud Strategy17 and the Internal Action Plan 117anew for its implementation adopted in June 2011, which aims at improving the prevention and detection of fraud at EU level; 1 17anewcalls in this respect on the Commission to report on and evaluate the anti-fraud strategies established within each Directorate General; Or. en SEC(2011) 787 final
Amendment 7 #
2012/2253(DEC)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Prevention and management of conflicts of interests and transparency
Amendment 8 #
2012/2253(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Observes that the CVs and Declarations of Interest of the members of the Management Board, the Executive Director and senior management members are not publicly available; calls on the Joint Undertaking to remedy the situation as a matter of urgency; urges the Joint Undertaking, in the framework of the future ECSEL Joint Undertaking, to develop and adopt a comprehensive policy on the prevention and management of conflicts of interests;
Amendment 9 #
2012/2253(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Regrets that the declarations of interests and CVs of members of the management board, management staff and external and in-house experts of the Joint Undertaking are not publicly available; believes that a high level of transparency is a key element in order to mitigate the risks of conflicts of interests; calls, therefore, on the Joint Undertaking to make its policy and/or arrangements on the prevention and management of conflicts of interests and its implementing rules as well as the list of the members of the management boards, management staff and external and in-house experts, together with their respective declarations of interests and CVs, available on its website;
Amendment 10 #
2012/2253(DEC)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Invites the Court of Auditors to monitor the Joint Undertaking’s policies as regards the management and prevention of conflicts of interests by drafting a Special Report on the matter by the next discharge procedure;
Amendment 6 #
2012/2214(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the importance of the tasks performed by agencies, and their direct impact on the daily lives of citizens, for example relating to the quality of medicines, food safety, aviation security, the control of outbreaks of infectious diseases; emphasises, in this context, the utmost importance of their autonomy and independence, in particular of the regulatory agencies and those with the function of collecting independent information collectionduring the certification process, and recalls that the main reason for establishing agencies was for the purpose of making independent technical or scientific assessments;
Amendment 6 #
2012/2214(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds all the agencies of their obligation to send to the authority responsible for discharge a report drawn up by their director summarising the number and nature of internal audits conducted by the internal auditor, the recommendations made and the follow-up to them, as provided for in Article 72(5) of the framework Financial Regulation;
Amendment 13 #
2012/2214(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends the good cooperation with the responsible committee from the side of the Union Agencies Network (‘"the Network’"), a forum for coordination, information exchange and agreement of common positions on issues of common interest for agencies, and encourages the strengthening of the Network; notes with satisfaction the availability and openness of the directors of the agencies contacted in the framework of the annual discharge procedure; proposes that the Network be supported by an external independent coordinator, for example a former Executive Director of one of the agencies, when further discussinghas noted with surprise the Network's letter of 19 October 2012 asking the Parliament to "revert to its practice of earlier years"; on the contrary encourages and expects the Network to support the changes requested by the Parliament in the previous discharge for an improved management, transparency and anti-conflict of interest measures to the benefit of consumers and taxpayers' money; (Justification: Creating a new position for and implementnformal structure is questionable ing the Roadmap;erms of accountability and financial impact)
Amendment 26 #
2012/2214(DEC)
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
– potential conflicts of interest on boards, including at the Agencies' management board level;
Amendment 27 #
2012/2214(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes, in this context, the reply of the Network; welcomes the coordinated action of the agencies and their intention to tackle the challenges identified by the Court of Auditors and urges the sNetting up of specialised sub-networks of the Network which will be involved to guarantee technical expertise; commends the identified approach aimwork, as well as the individual agencies, to report back to the discharge authority on the progress of the implementation of the concrete measures to redress the shortcomings identified by the Court of Auditors and the Parliament ing to she discharge best practices and, wherever possible, draft guiprocedure for the financial year 2010; underlines that can be voluntarily adopted by each Agency or that can be a starting point for the Commission for further activities in the area;the responsibility lies with each Executive Director and the Management Board of the Agencies; (Justification: Responsibilities should not be diluted, especially given that the Network is an informal structure without task and/or power making it accountable;)
Amendment 29 #
2012/2214(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 38 #
2012/2214(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the agencies undergo numerous different audit and control procedures in the course of the year which are often very unevenly distributed and which may create difficulties for the agencies; believes that the matter should be addressed primarily by better coordination of those various audits in order to cover all Agencies, as reflected in action point 53 of the Roadmap; believes that Agencies should be consulted in order to find practical solutions which would not hamper the performance of their core tasks; invites the Court of Auditors, the Commission, and the agencies and the Network to come up with an approach suitable for all involved parties; (Justification: In case of uneven control, the risk is not that Agencies face too much control but that some are not controlled enough)
Amendment 49 #
Amendment 50 #
2012/2214(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Is of the opinion that the added- value of Special Report 15/2012 lies in the regular monitoring of the Agencies' progress regarding the management and prevention of conflicts of interest; invites therefore the Court of Auditors to plan a follow-up Special Report on the issue and to extend the scope of its audit to other Agencies;
Amendment 54 #
2012/2214(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Takes note that the Court of Auditors identified a number of significant shortcomings related to post- employment issues which weakens the prevention of 'revolving doors' type of conflict of interest situations; supports the Court of Auditors' recommendation stressing the need to address the post- employment issues and takes the view that the 'cooling-off' period of anyone who has served as director of an agency or has discharged major responsibilities within an agency needs to be clarified;
Amendment 56 #
2012/2214(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Endorses the Court of Auditors' recommendation inviting all Union institutions and decentralised bodies to examine whether the recommendations of the Special Report 15/2012 are relevant and applicable to them; is of the opinion that all Agencies should develop and implement comprehensive independence policies and procedures, establishing inter alia a breach of trust mechanism and clear sanctions, or change those already in place based on the lessons learned and recommendations from the Court of Auditors' Special Report 15/2012; calls therefore on all Agencies to inform the discharge authority on this matter before the end of 2013;
Amendment 58 #
2012/2214(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the Court of Auditors' recommendation for the Union legislator to consider further developing the Union regulatory framework dedicated to the management of conflict of interest situations, notes, however, that the OECD guidelines, on which the Court of Auditors has based its work on Special Report 15/2012, while offering an international benchmark on the issue, are not fully applicable to an agency and they do not fully meet the specific needs of the decentralised agencies as a large variety of actors are involved in its work;
Amendment 60 #
2012/2214(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Welcomes the interinstitutional Joint Statement on decentralised agencies and its provisions on the management and prevention of conflict of interest (paragraphs 11 and 18) and on the Agencies' independence (paragraph 20);
Amendment 63 #
2012/2214(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Reminds that a high level transparency is key to mitigate risks of conflict of interest; calls therefore on the Agencies that have not yet done so to make available on their website the list of their Management Boards members, their management staff, external and in-house experts together with their respective declaration of interests and curriculum vitae;
Amendment 68 #
Amendment 69 #
2012/2214(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 86 #
2012/2214(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 1 #
2012/2205(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note that Europol's budget amounted EUR 31 733 740 for the financial year 2011 and that Europol is entirely financed by the European budget; notes further that in 2011 the Agency committed respectively 99,1%, 75% and 95,1% of the appropriations received under Title 1 (Staff), Title 2 (Administrative) and Title 3 (Operations); observes that in terms of paid appropriations the Agency's execution rate stands at 96,8% under Title 1, 33,8% under Title 2 and 47,1% under Title 3; calls on Europol to implement specific measures to improve its budgeting process and execution rate of payment in the case of administrative and operational expenditure;
Amendment 2 #
2012/2205(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the comments made by the Court of Auditors regarding the lack of procedures for exceptions, the not yet fully validated accounting system, the room for improvement regarding procurement procedures, the not yet adopted detailed rules and procedures to implement Europol's financial regulation, the non- inclusion of provisions on dilapidation costs of the new building, the weaknesses found as regards the physical verification and recording of assets before and after the move to the new headquarters, the room for improving the transparency of recruitment procedures as well as the high percentage of staff who carried over annual leave in excess of 12 days to the following year which can only be done in exceptional circumstances; welcomacknowledges Europol's replies on these comments and the improvements announced by Europol; calls on Europol to improve its management in order to reduce the amount of comments by the Court of Auditors in next year's report;
Amendment 3 #
2012/2205(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the comments made by the Court of Auditors regarding the lack of procedures for exceptions, the not yet fully validated accounting system, the considerable room for improvement regarding procurement procedures, the not yet adopted detailed rules and procedures to implement Europol's financial regulation, the non- inclusion of provisions on dilapidation costs of the new building, the weaknesses found as regards the physical verification and recording of assets before and after the move to the new headquarters, the considerable room for improving the transparency of recruitment procedures as well as the high percentage of staff who carried over annual leave in excess of 12 days to the following year which can only be done in exceptional circumstances; welcomes Europol's replies on these comments and the improvements announced by Europol; calls on Europol to improve its management in order to reduce the amount of comments by the Court of Auditors in next year's report;
Amendment 6 #
2012/2205(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Europol to publish the proceedings of its management board meetings on its website;
Amendment 8 #
2012/2205(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Generally considers that there should be further focus omore effort needs to be invested in auditing the Europol'’s sound financial management, namely the economy, efficiency and effectiveness with which Europol has used its appropriations in carrying out its responsibilities.
Amendment 9 #
Amendment 9 #
2012/2205(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that Europol used its information and operational expertise to support Member States authorities in 13 697 cross-border cases which represents an increase of 17% compared to 2010; notes moreover that more than 25% of the Agency's operations were in relations to drugs, that the Agency supported among others 22 high level human trafficking investigations, 9 major European operations targeting criminal networks facilitating illegal immigration and operations against child sexual exploitation such as Operation Rescue which led to 250 arrests worldwide and to the protection of 252 children; congratulates the Agency on these results and supports it to continue further.
Amendment 10 #
2012/2205(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that in 2011 the Office committed respectively 99,1 %, 75 % and 95,1 % of the appropriations received under Title I (Staff Expenditure), Title II (Administrative Expenditure) and Title III (Operational Expenditure); observes that in terms of paid appropriations the Office's execution rate stands at 96,8% under Title I, 33,8% under Title II and 47,1% under Title III; takes note of the Office's statement that the costs related to the new headquarters had a substantial impact on the execution rates for Titles II and III which would have reached respectively 53% and 58% without this factor; calls nevertheless on the Office to implement specific measures to improve its budgeting process and execution rate of payment in the case of administrative and operational expenditure;
Amendment 11 #
2012/2205(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Takes note of the Office's statement that it saved EUR 2,6 million on its allocated 2011 budget by reducing the number of management board meetings and the translation costs while modernizing its internal capabilities in order to meet the increase in demand for the Office's services;
Amendment 7 #
2012/2203(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that according to the findings of the Court of Auditors, at the time of completion of the field work (October 2011), the Agency did not adequately manage situations involving conflict of interest; moreover, the Agency's policies for managing conflict of interest were incomplete, declarations of interest were neither screened nor published but sealed and training on conflict of interest was absent;
Amendment 10 #
2012/2203(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Agency to introduce in its annual activity reports a special section describing the actions taken to prevent and manage conflict of interest, which shall include, inter alia: - the number of conflict-of-interest cases verified, - the number of revolving door cases, - the measures taken in each category of cases, - the number of breach of trust procedures launched and their outcomes; - the sanctions applied;
Amendment 11 #
2012/2203(DEC)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Points out that all Management Board members' declaration of interest are available on the Agency's website unlike some curriculum vitae; calls on the Agency to inform the discharge authority of the progress made on this matter as soon as possible;
Amendment 1 #
2012/2200(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that Frontex’s final budget amounted EUR 118 200 000 for the financial year 2011 with an Union contribution representing EUR 111 000 000; acknowledges that Frontex’s budget was the subject to three amending budgets which purpose was threefold: - to introduce the budget item ‘Eurosur’ under Title 3, - to increase Frontex’s budget by EUR 12 700 000 as part of the emergency response package to the developments in Northern Africa, - to include a package of EUR 31 800 000 in commitment appropriations for the Emergency Response Package in the Mediterranean;
Amendment 2 #
2012/2200(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Observes that in terms of paid appropriations the Agency’s execution rate stands at 96% under Title 1 (Staff), 74% under Title 2 (Administrative) and 58% under Title 3 (Operations); calls on Frontex to implement specific measures to improve its budgeting process and execution rate of payment in the case of administrative and operational expenditure;
Amendment 5 #
2012/2200(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the fact that in March 2011 Frontex successfully finalised the first Rapid Border Intervention Team Operation;
Amendment 7 #
2012/2200(DEC)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 8 #
2012/2200(DEC)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Observes that in terms of paid appropriations the Agency's execution rate stands at 96% under Title I (Staff Expenditure), 74% under Title II (Administrative Expenditure) and 58% under Title III; calls on the Agency to implement specific measures to improve its budgeting process and execution rate of payment in the case of administrative and operational expenditure;
Amendment 11 #
2012/2200(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Agency adopted and implemented ex-post control strategy in 2012 and carried out three on-the-spot- visits covering 9% of the EUR 73 million grant payments made in 2011; welcomes the fact that the error rate was found to be below 1 % and that six on- the-spot-visits are planned in 2013;
Amendment 1 #
2012/2199(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note that CEPOL’s budget amounted EUR 8 341 000 for the financial year 2011 and that the Agency is entirely financed by the European budget; notes further that in 2011, CEPOL committed 96,74% of the appropriations received which represents a slight decrease compared to 2010 (99,56%); observes however a substantial increase from 59,12% to 75,21% in terms of paid commitment between 2010 and 2011; acknowledges CEPOL’s efforts to improve the budgeting and commitment process;
Amendment 2 #
2012/2199(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes with concern the weaknesses reported by the Court of Auditors concerning the high level of carryovers, the high level of cancellations and the numerous transfers representing a total of EUR 1 800 000; believes that budget planning and budget implementation procedures should be further strengthened;
Amendment 3 #
2012/2199(DEC)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Acknowledges CEPOL’s reporting of financial management inefficiencies such as the use of payments on incorrect budget lines within chapter or titles; calls on CEPOL to provide the discharge authority with further details on the issue, including the amounts and budget lines involved and the measures implemented in order to remedy the situation;
Amendment 4 #
2012/2199(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes CEPOL’s overall progress in financial management achieved in recent years and encourages CEPOLthe Agency to continue this way and address the reported shortcomings in a timely and proper manner; in this context takes note of the weaknesses in budget planning, notably as regards the high level of carry-overs and transfers, as well as regarding transparency in the recruitment procedures as indicated in the opinion of the Court of Auditors and in CEPOL’s reply;
Amendment 6 #
2012/2199(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Commends CEPOL’s efforts in streamlining and improving the efficiency of its Governance for instance through the implementation of measures to disband committees and the reduction of the number of Governing Boards meetings per year which should now focus essentially on policy and decision- making at the strategic and long-term level;
Amendment 8 #
2012/2199(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the comment made by the Court of Auditors that the UK National Policing Improvement Agency whose premises in Bramshill CEPOL is using is due to close at the end of 2012 and that it is unclear whether CEPOL can continue using its current premises; believes that the Commission together with the Council, the Parliament and CEPOL should take the opportunity to discuss the issue of the relocation of the Agency to the Hague where Europol is based; is of the opinion that this issue should be clarified urgently;
Amendment 11 #
2012/2199(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges from the College's Final Financial Statements that financial management inefficiencies such as the use of payments on incorrect budget lines within chapter or titles took place in 2011; calls on the College to provide the discharge authority, as soon as possible, with further details on the issue, including the amounts and budget lines involved and the measures implemented in order to remedy the situation;
Amendment 12 #
2012/2199(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note from the Court of Auditors' report that in 2011, the College made 38 budgetary transfers amounting to EUR 1,8 million; is of the opinion that budget planning and budget implementation procedures should be further strengthened and calls on the College to inform the discharge authority of the actions taken to address this deficiency as it indicates weaknesses in budget planning and is at odds with the principle of specification;
Amendment 13 #
2012/2199(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the College is using premises of the UK National Policing Improvement Agency (NPIA) in Bramshill; notes that NPIA is due to close at the end of 2012 and that the College will have to relocate in 2014; calls on the College to persevere in its efforts to reach a satisfactory solution and to repit is unclear whether CEPOL can continue using its current premises or will have to relocate in 2014; believes that the Commission together with the European Parliament, the Council and the College should take the opportunity to discuss the issue of the relocation of the Agency in the Hague where Europol and Eurojust are located; is of the opinion that this issue should be clarified urgently and therefore the efforts to the discharge authority on thisreach a satisfactory solution should increase;
Amendment 15 #
Amendment 16 #
2012/2199(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Commends the College's efforts in streamlining and improving the efficiency of its Governance for instance through the implementation of measures to disband committees and the reduction of the number of Governing Boards meetings per year which should now focus essentially on policy and decision- making at the strategic and long-term level;
Amendment 10 #
Amendment 13 #
2012/2196(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that according to the findings of the Court of Auditors, at the time of completion of the field work (October 2011), the Authority did not adequately manage conflict of interest situations; notes, however, that in the meantime the Authority had already developed advanced policies for managing conflicts of interest;
Amendment 25 #
2012/2196(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Acknowledges the Authority's efforts to improve its prevention and management of conflict of interests; notes however that the independence and competence of its external experts remain questioned by watchdog NGOs or even fellow food safety experts as for instance in the case of the working group on endocrine disruptors experts; underlines that as a consequence the Authority's work is challenged such as during the Joint JRC-NIEHS Workshop on Low Dose Effects of Endocrine Active Chemicals in Berlin in December 2012;
Amendment 26 #
2012/2196(DEC)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Is of the opinion that watchdog NGOs can provide additional valuable inputs to the Authority in order to assess its expert's independence; encourages therefore the Authority to engage in a constructive dialogue with these NGOs;
Amendment 27 #
2012/2196(DEC)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Notes that the Management Board elected its Chair in a publicly-held meeting; recalls however that in the 2010 discharge procedure the Parliament called for an open ballot for electing the Management Board's Chair and expects its request to be implemented;
Amendment 32 #
2012/2196(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 34 #
2012/2196(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines the Authority's commitment to launch in October2012 its first evaluation of a random sample of declarations of interest to verify their coherence with its newly adopted independence policy and implementing rules; notes however that protocols still needed to be completed, which led to the postponement of the evaluation; calls on the Authority to inform the discharge authority on the reasons behind this delay and on the calendar foreseen for the organisation of the evaluation;
Amendment 38 #
2012/2196(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 16 #
Amendment 18 #
2012/2194(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reminds that the Agency should refrain from assigning a staff member recruited from an aircraft manufacturer to work for the certification of the aircraft he/she used to work on while employed by the manufacturer given that this could result in a conflict of interest situation; notes that such situation occurred at least in one certification case; points out that the sole principle of collegiality for technical assessments and decision- making process is not by itself avoiding the risks of conflict of interest;
Amendment 21 #
2012/2194(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Agency to introduce in its annual activity reports a special section describing the actions taken to prevent and manage conflict of interest, which shall include inter alia: - the number of conflict-of-interest cases verified, - the number of revolving door cases, - the measures taken in each category of cases, - the number of breach of trust procedures launched and their outcomes; - the sanctions applied;
Amendment 22 #
2012/2194(DEC)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Acknowledges that the curriculum vitae of the Agency's Executive Director and 4 other Directors are now available on its website together with their respective declaration of interest; notes the Agency's efforts for greater transparency but remains of the opinion that these provisions should also apply to any expert/staff member involved in the certification process of aircrafts as expressed during the 2010 discharge procedure; calls on the Agency to inform the discharge authority of the progress made on this matter as soon as possible;
Amendment 23 #
2012/2194(DEC)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Regrets that neither the curriculum vitae (including at least the professional background) nor the declaration of interest of the Management Board Members and Observers are publicly available on the website of the Agency as requested during the previous discharge procedure; urges on the Agency and its Management Board to take immediate measures to remediate this issue;
Amendment 24 #
2012/2194(DEC)
Motion for a resolution
Paragraph 13 – indent 1
Paragraph 13 – indent 1
– on 1 August 2012, the Agency adopted a revised ‘"Code of Conduct for staff of EASA’" (CoC), including a policy on gifts and hospitality together with a policy on the prevention and mitigation of conflicts of interest, covering the recommendations of the Court of Auditors and in line with the guidelines of the Organisation for Economic Co-operation and Development; the CoC is applicable to all managers, staff members having sensitive positions and external experts involved in the Agency's core activities,;
Amendment 38 #
2012/2194(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges from the Annual Report on Internal Audit for 2011, that in 2011, the Internal Audit Service (IAS) performed an assessment of the progress made by the Agency in implementing their recommendations resulting from their 2006 audit on the implementation of the Commission's internal control standards, the subsequent follow-up in 2007, the 2008 audit of Revenues and Direct Costs and the 2009 audit of Human Resources Management; notes, moreover, that the IAS confirmed that 16 of the 18 recommendations have been adequately and effectively implemented; calls on the Agency to keep the discharge authority informed on the actions undertaken to complete the two remaining recommendations;
Amendment 39 #
2012/2194(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes from the AAR that in 2011, the Agency concluded 85 new contracts of employment and that at year-end it employed a total of 642 staff members; (To be placed under subtitle "Recruitment procedures")
Amendment 1 #
2012/2191(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that the Agency's budget amounted EUR 31 733 740 for the financial year 2011 and that the Agency is entirely financed by the European budget; notes further that in 2011 the Agency committed respectively 93%, 99% and 96% of the appropriations received under Title 1 (Staff), Title 2 (Administrative) and Title 3 (Operations); observes that in terms of paid appropriations the Agency's execution rate stands at 90% under Title 1, 78% under Title 2 and 58% under Title 3; calls on the Agency to implement specific measures to improve its budgeting process and execution rate of payment;
Amendment 2 #
2012/2191(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the very high level of carry- overs of Eurojust which amounts EUR 5 200 000 and represents 16% of total payment appropriations; observes that, of this amount, EUR 3 100 000 was related to Title 3 (operational expenditure) and represents 39% of the payment appropriations under this Title; underlines that the Court of Auditors in its report now again, as last year, qualified as ‘"excessive’"; notes that Eurojust acknowledges the Court of Auditor's comment and has taken steps to improve the budget forecasting and implementation; requests that Eurojust takes decisive measures to avoid excessive carry-overs in the future;
Amendment 3 #
2012/2191(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Acknowledges that a cooperation agreement regarding the Agency's new premises as of 2015 was signed with the Host State;
Amendment 5 #
2012/2191(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the number of cases where Member States requested the Agency's assistance in fighting serious cross-border crime increased from 1,421 in 2010 to 1,441 in 2011; acknowledges in particular that 218 fraud cases were registered in 2011 and that the number of coordination meetings in fraud increased from 17 in 2010 to 58 in 2011; welcomes that the same year the Agency together with the Economic Crimes Team finalised the strategic project on enhancement of exchange of information and mutual legal assistance between judicial authorities of the Member States in the area of VAT fraud;
Amendment 6 #
2012/2191(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Takes note that 26 corruption cases were registered in 2011 against 31 in 2010; highlights that the number of coordination meetings increased from 11 in 2010 to 19 in 2011; welcomes that the same year a Joint Investigation Team on corruption achieved positive outcome with a Member State firm paying a settlement of around EUR 3 000 000 following a cross-border corruption case with global aspects;
Amendment 7 #
2012/2191(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note that in 2011, Eurojust executed 95,6% of its budget andcommitted respectively 93%, 99% and 96% of the appropriations received under Title I (Staff Expenditure), Title II (Administrative Expenditure) and Title III (Operations Expenditure); observes that in terms of paid appropriations Eurojust's execution rate stands at 90% under Title I, 78% under Title II and 58% under Title III and therefore calls on Eurojust to implement specific measures to improve its budgeting process and execution rate of payment; notes further that a total of 7 300 transactions (commitments and payments) were processed;
Amendment 8 #
2012/2191(DEC)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Follow-up of the discharge 2010 recommendations (To be placed after paragraph 3).
Amendment 9 #
2012/2191(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that Eurojust has not provided the discharge authority with a report presenting the measures adopted and implemented following the discharge authority's recommendations of 2010 as required by article 96(2) of the Framework Financial Regulation; urges Eurojust to send the report as soon as possible in order to enable the discharge authority to evaluate whether the progress were made;
Amendment 10 #
2012/2191(DEC)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Eurojust to provide the report pursuant to Article 96(2) of the Framework Financial Regulation related to the 2011 discharge procedure in due time for the discharge procedure;
Amendment 12 #
2012/2191(DEC)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Performance (To be placed after paragraph 13).
Amendment 13 #
2012/2191(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that the number of cases where Member States requested the assistance of Eurojust in fighting serious cross-border crime increased from 1,421 in 2010 to 1,441 in 2011; acknowledges in particular that 218 fraud cases were registered in 2011 and that the number of coordination meetings in fraud increased from 17 in 2010 to 58 in 2011; welcomes that the same year Eurojust together with the Economic Crimes Team finalised the strategic project on enhancement of exchange of information and mutual legal assistance between judicial authorities of the Member States in the area of VAT fraud;
Amendment 14 #
2012/2191(DEC)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Takes note that 26 corruption cases were registered in 2011 against 31 in 2010; highlights that the number of coordination meetings increased from 11 in 2010 to 19 in 2011; welcomes that the same year a Joint Investigation Team on corruption achieved positive outcome with a Member State firm paying a settlement of around EUR 3 000 000 following a cross-border corruption case with global aspects;
Amendment 7 #
2012/2190(DEC)
Motion for a resolution
Recital D
Recital D
D. whereas the overall contribution of the Union to the Agency's budget for 2011 was EUR 39 765 191,39, compared to EUR 36 755 652,07 in 2010;
Amendment 8 #
Amendment 10 #
2012/2190(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Observes that in terms of committed and paid appropriations the Agency's execution rate stands respectively at 95.21% and 81.97% against 95.65% and 79.10% in 2010; calls on the Agency to continue its efforts to improve its execution rate of payment;
Amendment 11 #
2012/2190(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that as in its previous reports, the Court of Auditors has noted the need to introduce a system of remuneration for services provided by Member State authorities, based on their real costs; regrets that no progress has been made on the issue since 2009, when a proposal for a new payment system was presented to the Management Board but no agreement was reached; notes that the Agency will present a new proposal for a new payment system to the Management Board in March 2013; urges the Agency to inform the discharge authority about the developments on this issue, inter alia on the state of play as regards the new action plan and the Management Board's position on it;
Amendment 13 #
2012/2190(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that in 2011, the Agency advertised 15 vacancies for temporary agent positions and that at year-end the total number of staff at the Agency increased from 656 to 689; (To be placed under subtitle "recruitment procedures")
Amendment 17 #
2012/2190(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that according to the findings of the Court of Auditors, at the time of completion of the field work (October 2011), the Agency did not adequately manage conflict of interest situations but has developed one of the most advanced policies and procedure for declaring, assessing and managing conflicts of interest;
Amendment 20 #
2012/2190(DEC)
Motion for a resolution
Paragraph 12 – introductory part
Paragraph 12 – introductory part
12. Notes that the Agency has taken a number of steps following the discharge authority's recommendations for 2010, the Court of Auditors' audit and the publication of Special Report 15/2012, in particular:
Amendment 21 #
2012/2190(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the Agency's commitment to undertake in the first half of 2013 a review of the implementation of its revised policy on the handling of conflicts of interests and that an ex ante and ex post check on the handling of conflicts of interests is currently being developed for implementation in the second quarter of 2013; calls on the Agency to keep the discharge authority informed on their respective outcomes;
Amendment 22 #
2012/2190(DEC)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Welcomes that after the former Head of Legal Service left the Agency to join as senior counsel a US-based law firm having a number of pharmaceutical industry companies as clients in June 2012 the Executive Director of the Agency launched a review of his work as Head of the Legal Service, Chair of the Joint Committee, Chair of the Disciplinary Committee and member of the Advisory Committee on Procurement and Contracts; acknowledges that no evidence of conflicts of interest nor breach of obligations provided in Articles 11 and 11a of the Staff Regulations could be identified ; welcomes that in accordance with Article 16 of the Staff Regulations the Executive Director imposed some restrictions to the activities of the former Head of Legal Service for a period of two years following his leaving the EMA; calls on the Agency to provide the discharge authority with detailed information on those restrictions;
Amendment 7 #
2012/2187(DEC)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Anti-Fraud Office (OLAF) opened an internal investigation concerning the Agency;
Amendment 9 #
2012/2187(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes from the Court of Auditors' report that the Agency made a payment to an international environmental organisation amounting to EUR 6 061 which was related to the participation of Agency staff in expeditions organised by that organisation in February and May 2011; notes that no procurement procedure had taken place and no contract had been drawn up for those expeditions ; notes that the Agency bore the travel costs, amounting to EUR 11 625; points out that already in 2010 expeditions with the same international environmental organisation had already been financed by the Agency for 29 of its staff members; notes the Court of Auditors' finding that the Agency's Executive Director was a member of the international environmental organisation's board of trustees until April 2011 and that this could constitute a conflict of interest;
Amendment 10 #
2012/2187(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Agency to provide the discharge authority with the list of the staff members who participated in theses expeditions together with their position at the Agency as soon as possible;
Amendment 12 #
Amendment 13 #
2012/2187(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 15 #
2012/2187(DEC)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 16 #
2012/2187(DEC)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Has been informed by the Agency's Executive Director1 that OLAF is currently investigating on these video- production contracts;
Amendment 21 #
2012/2187(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that the Management Board and the Agency's administration have strengthened the Agency's conflicts of interest policy in order to avoid any potential problemssimilar problems from those disclosed in the precedent discharge procedure in the future; welcomes the introduction of an ex ante approval by the Management Board for the Executive Director to accept membership on external boards and advisory bodies;
Amendment 1 #
2012/2186(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that EMCDDA's budget amounted EUR 16 270 000 for the financial year 2011 with an Union subsidy amounting EUR 15 349 118; notes further that in 2011 the Centre committed respectively 99,83% and 97,18% of the appropriations received under Title 1 (Staff) and 2 (Administrative) and under Title 3 (Operations); observes that in terms of paid appropriations the Centre's execution rate stands at 99,86% under Title 1&2 and at 97,58% under Title 3;
Amendment 2 #
2012/2186(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that contrary to last year's report,Observes that the Court of Auditors made several critical comments covering a number of different issues;
Amendment 4 #
2012/2186(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the comments made by the Court of Auditors regarding the costs of about EUR 275 000 for unused office space born by the Centre; takes note of the Centre's reply that it ‘"is pursuing and increasing its efforts in this field’;"; requests a more precise answer and concrete information; also requests that this matter be solved with urgency;
Amendment 6 #
2012/2186(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note of further comments made by the Court of Auditors regarding the decommittment of outstanding commitments which doIs concerned that the Court of Auditors identified 51 cases in which appropriations carried over to 2012 were not related to legal obligations, the lack of treasury policy and the lack of policy on exceptions, as well as the shortcomings regarding recruitment procedures and procurement files; welcomes the Centre's replies announcing action on all these matters; requests the Centre to take all remedial measures as announced without delayexisting legal commitments; notes that these cases represent a total value of EUR 90 053 which should have been decommitted and paid back to the Commission by the end of 2011; notes further that the Centre launched the decommittment process too late and that the funds will be blocked one year before been decommitted and paid back to the Commission; calls on the Centre to improve its planning in order to avoid such situations in the future;
Amendment 7 #
2012/2186(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Establishes from the AAR that an assessment of the procurement and contracting processes was carried out in 2011; takes note of the Centre's statement that it developed actions based on the results of the assessment, namely on (i) the rationalisation of the tendering procedures and the reduction of negotiated procedures, (ii) the implementation of specific measures to ensure the proper execution of contracts and (iii) the conduction of tendering processes earlier than in 2010;
Amendment 8 #
2012/2186(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges that the third external evaluation of the Centre was launched by the Commission in 2011 in accordance with Article 23 of Regulation (EC) No 1920/2006 and was due to completion in 2012; calls on the Centre to inform the discharge authority on the measures implemented in light of the recommendations made by the abovementioned external evaluation;
Amendment 8 #
2012/2186(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned by the lack of treasury policy and the lack of policy on exceptions, as well as the shortcomings regarding recruitment procedures and procurement files; notes the Centre's replies announcing action on all these matters; requests the Centre to take all remedial measures as announced without delay;
Amendment 9 #
2012/2186(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes noteIs concerned that the Court of Auditors identified 51 cases, with a total value of EUR 90 053, in which appropriations carried over to 2012 were not related to existing legal commitments and should have been de-committed and paid back to the Commission by the end of 2011; however, the Centre initiated the process too late and as a consequence, due to restrictions imposed by the IT system, the funds will be blocked for one year and will only be de-committed and paid back at the end of 2012; calls on the Centre to improve its planning in order to avoid such situations in the future;
Amendment 9 #
2012/2186(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that an assessment of the procurement and contracting processes was carried out in 2011; takes note of the Centre's statement that it developed actions based on the results of the assessment, namely on (i) the rationalisation of the tendering procedures and the reduction of negotiated procedures, (ii) the implementation of specific measures to ensure the proper execution of contracts and (iii) the conduction of tendering processes earlier than in 2010;
Amendment 10 #
2012/2186(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Establishes fromIs concerned by the Court of Auditors' reportfinding that the Centre has not yet adopted and implemented a treasury policy to minimise and spread financial risk while aiming at adequate returns; calls on the Centrenotes the Centre's replies announcing action on all those matters; calls on the Centre to take all remedial measures as announced without delay and to inform the discharge authority of the actions taken to address that deficiency;
Amendment 10 #
2012/2186(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes that in 2011, the Internal Audit Service (IAS) performed an audit on 'Annual activity report and building blocks of assurance' and recommended to (i) include the Management Board's analysis and an assessment of the Authorising Officer's Annual Report in future annual activity reports, (ii) improve the accuracy of future declarations signed by the Authorising Officer, and (iii) include an assessment of effectiveness of the Centre's internal control system in future annual activity reports; calls on the Centre to inform the discharge authority on the measures undertaken to implement the IAS 2011 recommendations and those from prior IAS audits which remain open;
Amendment 11 #
2012/2186(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes noteIs concerned that the Centre has not yet adopted a comprehensive policy on exceptions and deviations from established processes and procedures; calls on the Centrenotes the Centre's replies announcing action on all those matters; calls on the Centre to take without delay all remedies as announced and to inform the discharge authority of the actions taken to address that deficiency;
Amendment 12 #
2012/2186(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Acknowledges that the third external evaluation of the Centre was launched by the European Commission in 2011 in accordance with Article 23 of EMCCDA's recast Regulation and was due to completion in 2012; calls on the Centre to inform the discharge authority on the conclusions and recommendations of the aforementioned external evaluation;
Amendment 13 #
2012/2186(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that in 2011, the IAS performed a compliance audit on ‘"Annual Activity Report and building blocks of assurance’"; notes that based on the results of the abovementioned audit, the IAS raised eight recommendations, two of which rated as ‘"very important ’" and six as ‘"important’"; calls on the Centre to implement the 2011 IAS recommendations together with those from prior IAS audits which remain open and to keep the discharge authority informed;
Amendment 13 #
2012/2186(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Welcomes the mandate given in 2011 by the Management Board to the Director of the Centre in order to negotiate a Memorandum of Understanding to formalise cooperation between the Centre and the Republic of Moldova;
Amendment 14 #
2012/2186(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Takes note of the action plan adopted and the initiatives undertaken to further develop the functioning, management and visibility of the Reitox network; notes in particular the development of the Reitox Focus Group Initiative and the Reitox Week; believes that this new strategy will enhance the Centre's efficiency in performing its responsibilities;
Amendment 1 #
2012/2185(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes note that the Agency's final budget amounted EUR 20 180 000 for the financial year 2011 with an Union contribution representing EUR 19 978 200;
Amendment 2 #
2012/2185(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Acknowledges that in 2011 the Agency committed 100 % of the appropriations received; observes however that in terms of paid appropriations the Agency's execution rate stands at 75% under Title 2 and at only 27% under Title 3; calls on the Agency to implement specific measures to improve its budgeting process and execution rate of payment in the case of administrative and operational expenditure;
Amendment 3 #
2012/2185(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Congratulates the Agency for the factTakes note that the Court of Auditors did not make any critical remarks in its report;
Amendment 5 #
2012/2185(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes with concern that the European Ombudsman has launched a investigation on 6 July 20111 as regards harassment following of the complaint a staff member of the Agency; underlines that already in 2009 the European Data Protection Supervisor mentioned on the case of another Agency's staff member that it has strong elements of harassment; __________________ 1 ref. 0917/2011/(PMC)EIS
Amendment 6 #
2012/2185(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Is also deeply concerned by another case of harassment against a staff member responsible of overseeing all matters relating to public procurement; notes that the case is allegedly related to the backdating of a contract to disguise the illegality of the carry-over of appropriations to which the staff member opposed; observes that after an internal procedure the Director concluded that there was no evidence of harassment by decision of 16 October 2009; emphasizes the European Union Civil Service Tribunal's judgment of 18 September 2012 which annuls the decision of 16 October 2009 of the Agency due to the lack of impartiality on the part of the investigator and his refusal to guarantee the anonymity of the witnesses, and orders the Agency to pay legal fees and damages to the victim; is of the opinion that the amount for damages should be recovered from the Director who confirmed the investigator's conclusions which were annulled by the Tribunal; calls moreover on the Director to identify the individuals responsible; if no action is taken this would lead to reputational risks for the Agency and would diminish trust in the Agency; urges the Agency to keep the discharge authority informed on this matter;
Amendment 7 #
2012/2185(DEC)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Has been informed that OLAF carried out a visit to the premises of the Agency in December 2012; expects to receive information on ongoing administrative investigations related to the Agency;
Amendment 8 #
2012/2185(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Acknowledges that in 2011 the Agency committed 100 % of the appropriations received; observes however that in terms of paid appropriations the Agency's execution rate stands at 75% under Title II (Administrative expenditure) and at only 27% under Title III (Operational expenditure); calls on the Agency to implement specific measures to improve its budgeting process and execution rate of payment in the case of administrative and operational expenditure;
Amendment 10 #
2012/2185(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that in 2012, there were three cases dealt by the Court of Justice of the European Union regarding whistleblowing, harassment and labour disputes in the Agency, and that on 6 July 2011, the Ombudsman opened Case 0917/2011/ (PMC) EIS, which is based on allegations regardingexpressed by one of the whistleblowers;
Amendment 12 #
2012/2185(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that in one of the cases referred to in paragraph 4, the European Union Civil Service Tribunal decided in favour of the applicant in Case F-58/10 (judgement of 18 September 2012 in Case F-58/10, Timo Allgeier v European Union Agency for Fundamental Rights which) and annulled the Agency's decision of 16 October 2009 and ordered inot to bring disciplinary proceedings against two pay legal fees and damages to Mr Allgeier), while in case F-112/10 (Cornelia Trentea v European Agency for Fundamental Rights) the Tribunal decided in favour of the Agency; in case F-38/12 (BP v European Agency for Fundamental Rights)members of staff for alleged psychological harassment due to the lack of impartiality on the part of the investigator and his refusal to guarantee the anonymity of the witnesses and ordered it to pay damages to the applicant and the costs; notes that in case F-112/10 the Tribunal decided in favour of the Agency but the applicant brought an appeal before the General Court against the judgment while in case F-38/12 judgement is pending;
Amendment 15 #
2012/2185(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Given the reputational risks at stake, urges the Agency to inform the discharge authority in details on the rules of procedure, legal framework and hearing modalities established for the launch and conduction of internal investigations and the protection of witnesses' anonymity in the occurrence of such internal investigations; (Justification: the explanations provided by the Executive Director of the Agency on this particular issue at the hearing on the 2011 discharge of the decentralised agencies organised by the Budgetary Control Committee on 24 January 2013 were not informative enough and require further details)
Amendment 18 #
2012/2185(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that accordingevery two years the Agency, it takes the issue of staff well- being and satisfaction launches an anonymous well- being survey among staff; notes in particular from the 2012 survery seriously and, every two years, launches an anonymous well-being survey among staff; acknowledges, moreover, that it hasthat concerns have been raised regarding the handling of in-house conflicts and the attention paid to the well-being of the staff; takes note that the Agency introduced an anti-harassment policy and a network of confidential counsellors in order to minimise situations of conflict in the workplace and to address such allegationsthem in a comprehensive manner;
Amendment 21 #
2012/2185(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that on 12 and 14 December 2012, the Agency presented to its Executive Board and to its Management Board the draft rules on whistleblowing; notes that the decision was taken to adopt those rules formally after consultation with the Commission services; notes that in the meantime, the Agency follows the principles of the Commission guidelines; apply and calls on the Agency to inform the discharge authority when the rules will be adopted and implemented;
Amendment 23 #
Amendment 24 #
2012/2185(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 72 #
2012/2168(DEC)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Welcomes the finalisation by the Bureau on 23 March 2011 of an Action Plan for the period 2011-2014 which aims at implementing the Parliament's updated Communication Strategy; notes that the Action Plan focuses on the 2014 parliamentary elections and that it defines a set of 21 specific activities in order to raise the citizens' awareness of and encourage their participation in the Parliament's legislative work; (To be placed after subtitle "DG Communication - Parliaments' Communication Policy")
Amendment 74 #
2012/2168(DEC)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Welcomes that following the success of the European Parliament's Visitors Programme the annual quota of visitors per Member has been raised from 100 to 110; notes that one of the major risks identified by the Internal Audit Service in the specific audit of the Visitors' service relates to the subsidy paid to groups invited by Members; underlines that the Bureau adopted new rules governing those subsidies which provide a clear breakdown of amounts paid for travel and accommodation that came into force as of 1 January 2012; believes that the European Parliament's Visitors Programme is key to increase the citizens knowledge and interest in the Parliament's legislative work and that efforts should be made to allow as many citizens as possible to take part in the programme; calls therefore for a further increase of the annual quota of visitors per Member;
Amendment 91 #
2012/2168(DEC)
Motion for a resolution
Subheading 13 a (new)
Subheading 13 a (new)
Directorate-General for Internal Policies (DG IPOL)
Amendment 92 #
2012/2168(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Points out that a new Directorate for Impact Assessment has been set up within DG IPOL in July 2011 by decision of the Bureau; notes that the Directorate's main objective is to provide the Parliament with independent impact assessments in order to support its legislative work; welcomes that the Directorate's creation has been budgetary neutral;
Amendment 97 #
2012/2168(DEC)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Acknowledges that a new methodology, similar to provisions adopted by the Commission, was established in 2011 for the survey and procurement of property; notes that under the new methodology transparency and competition will be further strengthened through the publication of procurement- related documents in the Official Journal; observes that the new methodology has already been implemented by the Buildings Committee to examine the applications and bids received for the property market survey in Brussels, i.e. the replacement of the Eastman and Montoyer 63 buildings and the search for new premises;
Amendment 17 #
2012/2167(DEC)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(ba) The Commission should report on and evaluate the anti-fraud strategies established within each Directorate General following the adoption of the Commission's new Anti-Fraud Strategy1 and the Internal Action Plan2 for its implementation in June 2011;
Amendment 88 #
2012/2167(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that the current system does not ensure a full transparency of the beneficiaries of European Regional Development Fund (ERDF)/Cohesion Fund (CF) support; in the current framework, the Commission provides a portal with access to lists of beneficiaries available on national websites, which are only in the respective national language and without following common criteria; expects the future regulation covering the structural instruments to ensure that Member States provide the data on the final beneficiaries of ERDF/CF funds to be published on the Commission's official website in one of the three working languages of the Union and based on a set of common criteria to allow comparison and detection of errors;
Amendment 98 #
2012/2167(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Urges all Member States to follow the example ofPoints out that the annual summaries provided by the 15 Member States that have included an ‘overall level of assur"in [their] current form [have] been seen to provide little added value" and that "the compliance statelement’ in their annual summaries for structural actions in the European Social Fund (ESF) and the ERDF*; 1 See the Commission's Synthesis report, point 3.3, in footnote 9 on page 11 of COM(2012)0281. 2 See the reply given by Commissioner Andor to the wrs of the current annual summary simply duplicate information readily available from other sources"2; urges therefore all Member States to increase the usefulness of their annual summaries by including an overall analysis of the results and an overall level of assurance statement to demonstrate their committmen question 18 in preparation of the hearing in the Committee on Budgetary Control on 26 November 2012 together with the 2011 Annual Activity Report - Directorate Gent to the sound financial management of Union funds and transparency; urges in particular all Member States to follow the example of the 15 Member States that have included an "overall Regional Policy, page 84. 3 See the Commisslevel of assurance statement" in their annual summaries for structural action's Synthesis report, point 3.3, in footnote 9 on page 11 of COM(2012)0281.in the European Social Fund (ESF) and the ERDF3;
Amendment 127 #
2012/2167(DEC)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Notes that numerous errors derive from the incorrect application of national rules (in particular, as regards the ESF errors in 2011, breaches of national rules have contributed 86% of the error rate), and that eligibility error (especially for grant beneficiaries) and breaches of public procurement rules (in particular for shared and indirectly managed funds) are the two main sources of errors;
Amendment 155 #
2012/2167(DEC)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Welcomes that EUROFISC, a common operational structure allowing Member States to react rapidly to cross- border VAT fraud, became fully operational and notes that a specific working field was created in February 2011 in order to exchange targeted information on fraudulent transactions using the customs procedure 42;
Amendment 157 #
2012/2167(DEC)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Welcomes the Commission's Action Plan to strengthen the fight against tax fraud and tax evasion* 1; commends in particular the Commission's proposal to set up a Quick Reaction Mechanism and insists that this would enable Member States to respond more swiftly and efficiently to VAT fraud; stresses that the potential cost of tax evasion and avoidance for EU Member States is estimated to amount to some EUR 1 trillion every year while in comparison, the Union budget for 2011 in terms of appropriations for commitments amounted only to EUR 142,5 billion;
Amendment 165 #
2012/2167(DEC)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96a. Takes note that Member States recovered from the beneficiaries EUR 172,7 million during financial year 2011, and that the overall outstanding amount still to be recovered from the beneficiaries at year-end was EUR 1 206,9 million of which EUR 458 million have been charged to the Member States for EAGF expenditure in line with the 50/50 rule; acknowledges that around EUR 25,7 million will be borne by the Union budget for cases reported irrecoverable during financial year 2011; points out that DG AGRI cleared all pending non-recovered cases dating from 2006 or 2002 by Decisions 2011/272/EU of 29 April 2011 and that following the application of the 50/50 rule EUR 27,8 million was charged to the Member States while EUR 29,2 million was borne by the Union budget for reasons of irrecoverability;
Amendment 200 #
2012/2167(DEC)
Motion for a resolution
Paragraph 133
Paragraph 133
133. In this context draws the attention of the Commission and the Member States to the fact that under the EU 2020 objectives operational programmes should increasingly be designed in such a way that its sub-objectives are specific, measurable, attainable, relevant and timely and, consequently, the programme lends itself to performance audits; welcomes in this respect the launch by DG REGIO of its first performance audits on technical assistance and the selection of projects in the water area;
Amendment 214 #
Amendment 215 #
2012/2167(DEC)
Motion for a resolution
Paragraph 146 a (new)
Paragraph 146 a (new)
Amendment 1 #
2012/2166(DEC)
Proposal for a decision 1
Citation 15 a (new)
Citation 15 a (new)
- having regard to Commission's Communications of 21 April 2010 on "Tax and Development - Cooperating with Developing Countries on Promoting Good Governance in Tax Matters" and of 13 October 2011 on "The Future Approach to EU Budget Support to Third Countries";
Amendment 4 #
2012/2166(DEC)
Proposal for a decision 2
Citation 15 a (new)
Citation 15 a (new)
- having regard to Commission's Communications of 21 April 2010 on "Tax and Development - Cooperating with Developing Countries on Promoting Good Governance in Tax Matters" and of 13 October 2011 on "The Future Approach to EU Budget Support to Third Countries";
Amendment 8 #
2012/2166(DEC)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Commission's Communications of 21 April 2010 on "Tax and Development - Cooperating with Developing Countries on Promoting Good Governance in Tax Matters" and of 13 October 2011 on "The Future Approach to EU Budget Support to Third Countries";
Amendment 16 #
2012/2166(DEC)
Motion for a resolution
Recital E
Recital E
E. whereas budget support, while being a useful tool for development,transparency and accountability in taxation have been re- emphasised in the abovementioned Commission's Communication on "Tax and Development - Cooperating with Developing Countries on Promoting Good Governance in Tax Matters"; whereas budget support carries a considerable fiduciary risk and, it should be given only if it provides sufficient transparency, accountability and effectiveness;
Amendment 17 #
2012/2166(DEC)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas fostering transparency and fighting corruption and fraud are key for the success of EU budget support operations as highlighted in the abovementioned Commission's Communication on "The Future Approach to EU Budget Support to Third Countries",
Amendment 18 #
2012/2166(DEC)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas global commitments, individual commitments and payments reached respectively EUR 3.279 billion, EUR 2.786 billion and EUR 2.941 billion for the financial year 2011;
Amendment 43 #
2012/2166(DEC)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Takes note that in 2011 EUR 207 million was committed for budget support which represents 6.3% of the overall amount of total commitments; (To be placed under subtitle "Budget support")
Amendment 46 #
2012/2166(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Also urgesWelcomes the Commission's statement that the fight against fraud and corruption should receive greater prominence in budget support, particularly when assessing the Public Financial Management eligibility criterion in terms of budget support; urges therefore the Commission to take into account existing reporting on corruption and fraud levels before taking a decision on granting budget support; insists that an independent national audit body must be an ultimate condition for granting budget support;
Amendment 47 #
2012/2166(DEC)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Takes note that programmes related to good governance are financed in order to support developing countries in their fight against fraud, corruption and financial mismanagement; keeping in mind that a corruption-free judicial system is a condition sine qua non to ensure good governance and rule of law, calls on the Commission to put a strong emphasis on the judiciary reform programmes; acknowledges moreover that the Commission completed in 2011 a thematic evaluation on justice and security system reform; calls the Commission to make publicly available the results of the evaluation;
Amendment 49 #
2012/2166(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. ADeplores the lack of sustainability of some projects and stresses that projects should principally aim at creating employment and sustainable growth which would allow the Haitian State to increase its own revenues in order to depend less on foreign assistance; asks the Commission to fulfil as soon as possible its promise and provide a list of Union funded projects in Haiti and an assessment of their sustainability in a five year perspective;
Amendment 58 #
2012/2166(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Recalls that Parliament, the Council and the Commission agreed that those financial rules would be revised in order to include amendments made necessary by the outcome of the negotiations on the multiannual financial framework for the years 2014 to 2020, including on the issue of the possible inclusion of the EDF in the Union budget; underlines that budgetisation would reduce transaction costs and would simplify reporting and accounting requirements by having only one set of administrative rules and decision-making structures instead of two; repeats its call on the Council and Member States to agree to the full incorporation of the EDF into the Union's budget;
Amendment 3 #
2012/2064(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Court of auditors, as a professional audit institution must apply international audit standards applicable to public sector;
Amendment 4 #
2012/2064(INI)
Motion for a resolution
Recital D
Recital D
D. whereas public auditors, like the Court and the SAIs of the Member States, play an essential role in restoring confidence and trust in and improving EU public accountability, which is carried out in line with the goals of restoring economic growth and strengthening public finances; whereas it is therefore important to situate any discussion of possible reforms of the Court in the broader context of the challenge of improving EU public accountability;
Amendment 6 #
2012/2064(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is importantessential that the Court of Auditors beis composed of figuremembers who provide, to the highest degree, guarantees of professional competence and independence as required by the Treaty, while avoiding any risks to the reputation of the Court;
Amendment 8 #
2012/2064(INI)
Motion for a resolution
Recital J
Recital J
J. whereas Parliament's opinion falls subject to intense media interest; whereas should persons who had their candidacy previously been publicly and formally repudiatedturned down by Parliament take office as Members of the Court, trust in the institutions concerned would be weakened;
Amendment 9 #
2012/2064(INI)
Motion for a resolution
Recital K
Recital K
K. whereas amembers with professional auditing knowledge together with broader and more diverse functional background which ensures broaderdiverse perspectives and competences will improve the Court's effectiveness in judgement and operation; whereas the failure to find an appropriate gender balance is unacceptable nowadays;
Amendment 10 #
2012/2064(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the Peer Review 2013 calls for shorter internal procedures in the Court, clarification of the role and mandate towards external stakeholders and underlines that the auditees influence the Court's findings and audit opinions too much;
Amendment 11 #
2012/2064(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas Parliament focusses mainly on proposals that avoid the necessity of changes in the Treaty Changes;
Amendment 12 #
2012/2064(INI)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas the Council always respected the recommendation put forward by the Committee with the purpose to give an opinion on the suitability of candidates for the Advocate General European Court of Justice and the General Court, set up according to Article 255 TFEU, despite no clear obligation of the Treaty to do so;
Amendment 13 #
2012/2064(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 14 #
2012/2064(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Parliament's vision for the ECA: The future role of the Court
Amendment 15 #
2012/2064(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 18 #
2012/2064(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. believes that the European Court of Auditors as an external auditor to the Union's institutions may provide the legislators not only with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions in a respective budgetary year, but also that the Court is in an eminent position to provide the legislator and the Budgetary Authority, especially Parliament's Budgetary Control Committee, with valuable opinions on results achieved by the Union's policies, in order to improve the performance and effectiveness of Union financed activities, identify economies of scale and scope as well as spill over effects among national policies of Member State and provide Parliament with external assessments to the Commission's evaluation of public finances in the Member States;
Amendment 19 #
2012/2064(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 22 #
2012/2064(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. The traditional DAS (statement of assurance) model (new subheading)
Amendment 23 #
2012/2064(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Parliament and its elected Members should be particularly rigorous when examining the implementation of the EU budget and that the Court should remain committed toIs of the opinion that independence, integrity, impartiality and professionalism of the Court are key for the credibility of the Court in assisting Parliament and the Council into overseeing and to contributinge to the improvement of EU financial management, and into protecting the financial interests of citizens from programming stages throughup to the closing of accounts;
Amendment 25 #
2012/2064(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. RegretNotes that the Court of Auditors was – for the eighteenth time in a row – unable to grant a positive statement of assurance (DAS4) regarding the legality and regularity of payments; regrets, furthermore, in this context that after such an enormous and repetitive cycle and following the many efforts made, there has not been any change in this regard; highlights the fact that an error rate as such does not provide a comprehensive overview of the effectiveness of Union policies; is bound by the Treaty (Article 287 I (2) (TFEU) ) to provide Parliament and the Council with a declaration of assurance (DAS4) regarding the legality and regularity of payments after having examined the regularity, legality and the results of the Union's Budget, moreover the ECA shall according to the Treaty provide Special Reports and Opinions; notes that a large part of the human resources of the Court are dedicated to the annual DAS exercise; __________________ 4 Abbreviation of the French term ‘Déclaration d'assurance’.
Amendment 30 #
2012/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 32 #
2012/2064(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 36 #
2012/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that in addition to delivering an opinion onstead of delivering one statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, the Court of Auditors must deliver three opinions on the legality and regularity of underlying operations; takes the view that this excessive number of opinionsed in 2012 four opinions: one on the reliability of the accounts and three on the legality and regularity of underlying operations (one on the revenue, one on the commitments and one on payments); takes the view that this writing choice makes it more difficult for Members ofthe European Parliament to assess the Commission's implementation of the budget;
Amendment 39 #
2012/2064(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that the DAS is an annual indicator of a multiannual spending scheme, which makes it difficult to capture the cyclical nature and effect of multiannual arrangements, and therefore the retotal impact and effectiveness of the management and control systems can only be partially measured at the end of the spending period; considers, therefore, that the Court should be able to present to the discharge authority a summary reportmidterm review and a summary report in addition to the annual DAS on the final performance of a programming period;
Amendment 42 #
2012/2064(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 47 #
2012/2064(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 50 #
2012/2064(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. welcomes the fact that, since 2009, the Court has focused considerable efforts on developing its products and services as well as its annual report; believes, however, that greater effort should be made and more resources used to improve quality further, primarily with respect to the Court's performance audit work, which provides information on the EU budget results; considers that the Court should build upon the DAS model to determine whether results have been achieved and to explain how they have been achieved, so that lessons can be learned and applied in other contexts;
Amendment 51 #
2012/2064(INI)
Motion for a resolution
Subheading 4
Subheading 4
The Court's new dimensions and challenges: from ex-post to ex-ante
Amendment 54 #
2012/2064(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges the historic, constructive role of the DAS exercise to focuses on the concepts of legality and regularity as being useful indices of good financial practices on the part of the EUand management performance on all levels of Union spending; underlines, however, that at this point, and in the future, the Court should devote more resources to the examination of whether economy, effectiveness and efficiency have been achieved in the use of the public funds entrusted to the Commission;
Amendment 56 #
2012/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 59 #
2012/2064(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 63 #
2012/2064(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 66 #
2012/2064(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the one of the best way to improve the control of the European Union accounts and to enhance both performance and effectiveness of EU spending is to have a discharge voted before the 31st of December of the year following the financial year controlled; underlines that that would force the Court to present its annual report the 30th of June;
Amendment 68 #
2012/2064(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 74 #
2012/2064(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 81 #
2012/2064(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 85 #
2012/2064(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that preparatory tripartite meetings betweenthe current form of meetings of the Court with Parliament, and the Council and the Court could form a basis upon which to establishprovide valuable advice to the drawing up of the Court's annual work programme; stresses that such structured preparatorythese dialogue coulds greatly assists in ensuring the effective and democratic accountability to citizens of the public funds put at stake to meet EU objectives; emphasizes that despite an increased advisory collaboration with Parliament and the Council, the Court should, independent of political or national influence, decide on its annual work program;
Amendment 89 #
2012/2064(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that issues of major interests to external stakeholders, such as the European Parliament, and subsequent audit requests are neither collected in a structured way nor fully treated as preferential; considers this as detrimental to the relevance and impact of the Court's audit results; notes, furthermore, that the added value of the Court is directly linked to the use made of its work by Parliament and other stakeholders in the accountability process; insistvites, therefore, that the Court'e Court to take into consideration in its annual work programme be aligned with the political priorities of the legislators and presented, in this connection, to Parliament's speciaissues of major interest to the EU citizens communicated by the Parliament's Budgetary Control cCommittee as a channel of the EU citizens' concerns;
Amendment 91 #
2012/2064(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Cooperation with national Supreme Audit Institutions (New subheading)
Amendment 92 #
2012/2064(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Expects that closer cooperation between the ECA and Member State's SAI is established with concrete results concerning the share of the annual work of the ECA; expects furthermore concrete methodological steps and agreements on audit calendars; expects the Commission, on the basis of a legal study, to make proposals to integrate Member States SAI's audit work in the Court's audits on shared management in their respective Member State;
Amendment 95 #
2012/2064(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 97 #
2012/2064(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. proposes examination of the possibility of national audit bodies, in their capacity as independent external auditors, and with due regard for international audit standards, issuing national audit certificates for the management of Union funds, which would be submitted to Member State governments with a view to being produced during the discharge process in accordance with an appropriate interinstitutional procedure to be introduced;
Amendment 100 #
2012/2064(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the regulations covering the main areas of expenditure for the period 2014-2020 have substantially changed the financial and legal frameworks governing the implementation of the EU budget; points out that these reforms imply significant changes that will alter the landscape of financial management risk by simplifying funding rules, increasing conditionality and leveraging the EU budget; insists, therefore, that the Court increase its focus on results providing adequate reporting on risks and performance of such new instrumentsSuggests to the Court to synchronize its multiannual work programme with the MFF and include a midterm review as well as a comprehensive review of the Commission's closure of accounts to the respective MFF;
Amendment 101 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. notes that Performance Audits often lack a clear analysis of causes of audit findings; furthermore, notes that there is no system in place to ensure that the auditors assigned to performing a specific audit possess the technical knowledge and methodological skills needed to conduct the audit without having to work from scratch on any audit matter; considers that these circumstances increase ineffectiveness and inefficiency of the Court's findings in Performance Audits;
Amendment 102 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. expects from the Court full transparency about the Court's time needs for its products and calls on the Court to publish within each respective Performance Audit the time schedule and the different phases the respective product underwent in its development, i.e. the time that was needed to go through each of the different phases in place, currently these phases are: - Preliminary Study - Issue Analysis - Audit Planning Memorandum - Statement(s) of Preliminary Findings - Drawing Conclusions - Draft Report - Contradictory Procedure;
Amendment 103 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. notes that Performance Audits including a preliminary study of the Court take two years which made in several cases the audit findings outdated and prevent the implementation of adequate measures; expects the Court to streamline the drawing up of its Performance Audits and cut down on redundant procedural steps ,
Amendment 104 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. expresses its wish that the Court should in the future not only publish the Commission's comments on its findings, conclusions and recommendations, but shall clearly express a final counter reply where appropriate;
Amendment 105 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. is of the opinion that the Court should regularly communicate statistics on the presence of Members in its seat in Luxembourg to Parliament's Budgetary Control Committee; expects full transparency of the Court vis-à-vis Parliament in this regard; wishes to receive from the Commission an analysis on the feasibility of substituting a part of the remuneration of Court's Members with a Daily Allowance;
Amendment 106 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. emphasis that despite the need to be fair and to refer to arguments of the auditee in the respective report, it is not necessary to reach consensus with the auditee;
Amendment 107 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. notes that in some cases parliamentary deliberations about issues addressed by special reports were already concluded, therefore, it was not possible to put the results of the Court's audit to effective use; notes furthermore, that in some cases key recommendations of the Court had already been implemented by the Commission once a Court's report was presented; expects from the Court to bear all external time constraints and developments in mind when conducting its audits;
Amendment 108 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23e. expects that the Court clearly communicate in its reports weaknesses and best practices of Member States authorities by consistently disclosing them;
Amendment 109 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 f (new)
Paragraph 23 f (new)
23f. is convinced that economies of scale and scope could be achieved by a thorough analysis of the resource needs of Court's Members; expects the Court to deplore such economies inter alia with respect to a common driver service for Members as well as shared cabinets and staff;
Amendment 110 #
2012/2064(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 112 #
2012/2064(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. RegretNotes that even if the Court is to bnominate a permanent Member of the ESM audit board, the annual audit report of the board will be made available neither to Parliament nor to the general public; believes that broad reflec; calls on the Court to provide Parliament regularly with the annual audit report of the board and all other necessary information onf the EU's public accountability and the audit structure of the Union as a whole, which includes the instruments for financial assistance, is unavoidable; believes that the Court should play a central role in such discussionCourt's activities in that regard so that Parliament can scrutinize the work of the Court of Auditors during the discharge procedure;
Amendment 116 #
Amendment 119 #
2012/2064(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 122 #
2012/2064(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Deplores the fact that some appointments have given rise to differences of opinion procedures have resulted in a conflict between Parliament and the Council; stresses that the Council's decision to appoint Members of the Court of Auditors despite Parliament having previously given an unfavourable opinion on candidates, despite the fact that the Treaty does not foresee such a conflict; underlines that it is, as stipulated in the Treaty, Parliament's duty to check the nominees; is of the opinion that Council should in the spirit of good cooperation among the European Institutions respect decisions taken by the Parliament subsequent to its unacceptablehearing;
Amendment 123 #
2012/2064(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes, in this respect, the fact that the Court adopted new rules of procedure in 2010 which enabled the Court to streamline its decision-making process so that audit reports and opinions are now adopted by Chambers of 5- 6 members rather than the full college of 28 members, this falling under the current legal framework;
Amendment 127 #
2012/2064(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the present geographic representation rule relating to high-level management, according to which there may be one member per Member State, has by far outlived its initial usefulness and credibility and that it could be replaced by a light management structure tailored to a broader accountability mandate, with proper provisions to guarantee independence in all of the Court's activities, and complemented by a governing board which could be based on Member State representation;
Amendment 130 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – introductory part
Paragraph 32 – introductory part
32. Proposes, therefore, that the Court should be composed of the following bodies:have the same number of members as the Commission; members should have at least professional experience in auditing as well as in management; members of the Court should be especially qualified for their function and their independence must be assured beyond doubt;
Amendment 132 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Proposes to review the method of remuneration of the Court members and the resources directly and personally affected to each member to both conform it with national and international practices for similar functions and allowing the Court members to fulfil their responsibilities independently;
Amendment 133 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – point 1
Paragraph 32 – point 1
Amendment 136 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – point 2
Paragraph 32 – point 2
Amendment 139 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – point 3
Paragraph 32 – point 3
Amendment 146 #
2012/2064(INI)
Motion for a resolution
Paragraph 33 – point c
Paragraph 33 – point c
(c) in the Committee on Budgetary Control, hearings will be public and the discussions will be relayed via video. At public hearings, discussion will be kept to a minimum, so as to prevent candidates from being subjected to to personal criticism in public;
Amendment 153 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point a
Paragraph 34 – point a
(a) high-level professional experience acquired in public finance or in management or, auditing and in management auditing, as well as proper knowledge of the governance of the European institutions;
Amendment 156 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point b
Paragraph 34 – point b
Amendment 158 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point c
Paragraph 34 – point c
(c) an impeccable management record, in the case of those who have performed management duties in the public or private sectors good auditing record and evidence of very good knowledge of at least one of the working language of the European Union;
Amendment 159 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point c a (new)
Paragraph 34 – point c a (new)
(ca) where necessary, proof of prior discharge of applicants from management duties previously carried out;
Amendment 161 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point d a (new)
Paragraph 34 – point d a (new)
(da) recognised high standards of integrity and morality of the candidate;
Amendment 163 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point e
Paragraph 34 – point e
(e) in view of the nature of the work to be done, the age of candidates will also be taken into account, with it being deemed reasonable, for example, to stipulate that Members should not be over 65 years of age at the endtime of their first term of office or over 70 years of age at the end of their secondappointment;
Amendment 166 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point f
Paragraph 34 – point f
(f) it would be desirable for members shall not to serve for more than two terms of office;
Amendment 168 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point g
Paragraph 34 – point g
(g) finally, further to its assessment of individual merit and good character, Parliament will ensure that a balance is maintained in the composition of the Court as a whole in tParliament will take the issue of gender balance among the Court's Memberms of gender representation among its Membervery serious;
Amendment 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 31 #
2012/0036(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The main motive for cross-border organised crime is financial gain. In order to be effective, law enforcement and judicial authorities should be given the means to trace, freeze, manage and confiscate the proceeds of crime. most crime, and particularly cross-border organised crime, including mafia-type criminal organization, is financial gain. In order to be effective, appropriate competent authorities should be given the means to trace, freeze, manage and confiscate the proceeds of crime. However, effective prevention of and fight against organized crime should not be limited to the neutralization of the proceeds of crime but should be extended, in some cases, even to property in any way related to such criminal associations. It is not enough, therefore, merely to ensure mutual recognition in the EU of seizure and confiscation of proceeds of crime. An effective fight against economic crime would also require the mutual recognition of measures taken in a different field from that of criminal law or otherwise adopted in the absence of a criminal conviction and that they have as their object, more broadly, any possible asset or income attributable to a criminal organization or to a person with a criminal conduct or suspected to belong to a criminal organization.
Amendment 40 #
2012/0036(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Confiscation of instrumentalities and proceeds following a final decision of a court and of property of equivalent value to those proceeds should therefore refer to this broadened concept for the criminal offences covered by this Directive. Framework Decision 2001/500/JHA required Member States to enable the confiscation of instrumentalities and proceeds of crime following a final conviction and to enable the confiscation of property of equivalent value to the proceeds of crime. Such obligations should be maintained for the criminal offences not covered by this Directive and the concept of proceeds as defined in this Directive should be extended also for the criminal offences not covered by this Directive.
Amendment 41 #
2012/0036(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In accordance with the principle of ne bis in idem it is appropriate to exclude from extended confiscation the proceeds of alleged criminal activities for which the affected person has been finally acquitted in a previous trial or in other cases where the ne bis in idem principle applies. Extended confiscation should also be excluded where the similar criminal activities could not be the subject of criminal proceedings due to prescription under national criminal law.
Amendment 46 #
2012/0036(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The issuance of confiscation orders generally requires a criminal conviction. In some cases, even where a criminal conviction cannot be achieved, it should stillanyhow be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy. Some Member States allow confiscation where there is insufficient evidence for a criminal prosecution or regardless a criminal prosecution, if a court considers, on the balance of probabilities, that the property is of illicit originof a person socially dangerous or having a criminal lifestyle is of illicit origin or disproportionate if compared to his declared income, and also in situations where a suspect or accused person becomes a fugitive to avoid prosecution, is unable to stand trial for other reasons or died before the end of criminal proceedings. This is referred to as non- conviction based confiscation. Provision should be made to enable non-conviction based confiscation in at least the latterabove mentioned, limited, circumstances in all Member States, including the mutual recognition to such non conviction-based orders. This is in line with Article 54.1.c) of the United Nations Convention against Corruption, which provides that each State Party is to consider taking the necessary measures to allow confiscation of illicitly acquired property without a criminal conviction, including in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases.
Amendment 49 #
2012/0036(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The practice by a suspected or accused person of transferring property to a knowing third party with a view to avoiding confiscation is common and increasingly widespread. The current Union legal framework does not contain binding rules on the confiscation of property transferred to third parties. Therefore it is becoming increasingly necessary to allow for confiscation of property transferred to third parties, which should normally take place when an accused person does not have property that can be confiscated. It is appropriate to provide for third party confiscation, under certain conditions, following an assessment, based on specific facts, that the confiscation of property of the convicted, suspected or accused person is unlikely to succeed, or in situations where unique objects must be restored to their rightful owner. Furthermore, tor acquired by third parties. To protect the interests of bona fide third parties, such confiscation should only be possible if the third party knew or should have been known that property was the instrumentalities or the proceeds of crime or was transferred in order to avoid confiscation andor if it was given for free or transferred in exchange for an amount significantly lower than its market value.
Amendment 51 #
2012/0036(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to grant a more efficient fight against criminal organizations and serious crime, complying with already existing experiences, Member States should introduce in their criminal system an offence to punish and prosecute those behaviours aimed at fictitiously attributing ownership and availability of property to third parties, with the aim to avoid seizure or confiscation measures. Also the support in committing this offence should be suitably punished.
Amendment 53 #
2012/0036(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Suspected or accused persons often hide property throughout the entire duration of criminal proceedings. As a result confiscation orders cannot be executed, leaving those subject to confiscations orders to benefit from their property once they have served their sentence. It is accordingly necessary to enable the determination of the precise extent of the property to be confiscated even after a final conviction for a criminal offence, in order to permit the full execution of confiscation orders when no property or insufficient property was initially discovered and the confiscation order remains unexecuted. Given the limitation of the right to property by freezing orders, such provisional measures should not be maintained longer than necessary to preserve the availability of the property with a view of possible future confiscation. This may require a regular, where necessary, a review by the court in order to ensure that their purpose of preventing the dissipation of property remains valid.
Amendment 57 #
2012/0036(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order that civil society can concretely perceive the effectiveness of the action of the Member states against organized crime, including mafia type, and that proceeds are actually detracted from the criminals, it is necessary to adopt common measures to avoid that the criminal organizations take possession another time of property illicitly obtained. Best practices in several Member States have shown to be effective tools: management and administration by Asset Management Offices (AMO) or similar mechanisms, as well as the use of the confiscated property for projects aimed to contrast and prevent crime, for other institutional or public purposes or social use.
Amendment 61 #
2012/0036(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Reliable data sources on the freezing and confiscation of the proceeds of crime are scarce. In order to allow for the evaluation of this Directive, it is necessary to collect a comparable minimum set of appropriate statistical data on asset tracing, judicial and asset management and disposal activities.
Amendment 65 #
2012/0036(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Some Member States have already successfully adopted non conviction-based systems of confiscation. As a matter of facts, the European Court of Human Rights (ECHR) has never considered as a violation of fundamental rights, sanctioned in the Charter of Fundamental Rights of the European Union and in the European Convention on Human Rights, the fact that individuals can be subjected to such a measure of privation of their goods.
Amendment 67 #
2012/0036(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Since the objective of this Directive, namely facilitating confiscation of property in criminal matters, cannot be sufficiently achieved by the Member States and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 68 #
2012/0036(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules on the seizure or freezing of property with a view to possible later confiscation and, on the confiscation of property in criminal matters and without a criminal conviction and on the management and disposal of confiscated property.
Amendment 69 #
2012/0036(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive is without prejudice to the court procedures that Member States may use in order to deprive the perpetrator of the property in question.
Amendment 77 #
2012/0036(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'confiscation’' means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property;
Amendment 78 #
2012/0036(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'freezing’' or seizure means the temporary prohibition of the transfer, destruction, conversion, disposition or movement of property or temporarily assuming custody or control of property;
Amendment 79 #
2012/0036(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) as well as any other legal instruments if these instruments provide specifically that this Directive applies to criminal offences harmonised therein.
Amendment 83 #
2012/0036(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall take the necessary measures to enable itjudicial authorities to confiscate, either wholly or in part, instrumentalities and proceeds followingor property the value of which corresponds to such instrumentalities and proceeds, subject to a final conviction for a criminal offence.
Amendment 87 #
2012/0036(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 96 #
2012/0036(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall adopt the necessary measures to enable itcompetent authorities to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts, a court finds it substantially more probable that the property in question has been derived by the convicted person from similar criminal activities than from other activities such as that the value of property is disproportionate to the lawful income of the convicted person, a court finds it on the balance of probabilities that the property in question has been acquired unlawfully.
Amendment 107 #
2012/0036(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Each Member State shall take the necessary measures to enable judicial authorities to confiscate any assets belonging to a person unable to justify their legitimate origin where a court find, on the basis of specific circumstances and respecting the right of the defence and bona fide third parties, that those assets derive from criminal activities that are allegedly related to that person.
Amendment 116 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proceeds or instrumentalities which were transferred to third parties by a convicted person or on his behalf, or by suspected or accused persons under the circumstances of Article 5directly or indirectly to or acquired by third parties, or
Amendment 119 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) other property of the convicted person, which was transferred to or acquired by third parties in order to avoid confiscation of property the value of which corresponds to the proceeds.
Amendment 122 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The confiscation of proceeds or property referred to in paragraph 1 shall be possible where the property is subject to restitution or where
Amendment 123 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 126 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – introductory part
Article 6 – paragraph 2 – point b – introductory part
(b) the proceeds or property were transferred for free or in exchange for an amount significantly lower than their market value when the third party:;
Amendment 127 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) in the case of proceeds, the third party knew about their illicit origin, or, in the absence of such knowledge, a reasonable person in its position would have suspected that their origin was illicit, based on concrete facts and circumstances;
Amendment 128 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) in the case of other property, the third party knew that it was transferred in order to avoid confiscation of property the value of which corresponds to the proceeds or, in the absence of such knowledge, a reasonable person in its position would have suspected that it was transferred to avoid such confiscation, based on concrete facts and circumstances.
Amendment 131 #
2012/0036(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Fictitious assignment of property to third parties Each Member State takes legislative measures in order to introduce provisions aimed at prosecuting conducts of those who fictitiously attribute ownership and availability of property to third parties, with the aim to avoid seizure or confiscation measures.
Amendment 132 #
Amendment 135 #
2012/0036(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall take the necessary measures to enable it to freeze property in danger of being dissipated, hidden or transferred out of the jurisdiction with a view to possible later confiscation. Such measures shall be ordered bys competent authorities to immediately freeze or seize property with a view to possible later confiscation. The person affected by the measures provided for in this Article shall have a right of appeal to a court.
Amendment 149 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. In the cases referred to in Article 5, the person whose property is affected by the decision to confiscate shall be represented by a lawyer throughout the proceedingsinformed that throughout the proceedings he/she has the right to be represented by a lawyer of choice or to be provided with an ex officio lawyer in accordance with the particular rules existent in the Member State in order to pursue this/her rights of the defence of the person relating to the establishment of the criminal offence and to the determination of the proceeds and instrumentalities.
Amendment 165 #
2012/0036(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Management of frozen, seized and confiscated property
Amendment 168 #
2012/0036(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Each Member State shall ensure that the measures referred to in paragraph 1 to frozen property optimise the economic value of such property, and shall include, only if necessary, the sale or transfer of property which is liable to decline in value. Each Member State shall take all the necessary measures to prevent any criminal infiltration in this phase.
Amendment 170 #
2012/0036(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Each Member State shall take the necessary measures, based on existing best practices, to provide for the disposal and the destination of property confiscated. It shall be a priority to destine such property to law enforcement and crime prevention projects as well as to other projects of public interest and social utility. Any other destination of such property shall be considered only if the above mentioned are not possible and in any case each Member State shall take all the necessary measures to prevent any criminal or illegal infiltration in this phase.
Amendment 1 #
2012/0000(INI)
Draft opinion
Paragraph 1
Paragraph 1
Points out that around EUR 1 trillion is lost to tax evasion and avoidance every year in the EU, according to estimates drawn up by the Commission; underlines that in overall terms the total cost of tax evasion in the EU is higher than the total of all health care budgets in the Union, and that if tax evasion could be stopped all EU deficits could be paid off in just 8.8 years*1;
Amendment 13 #
2012/0000(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that of the vast amounts paid to the Union on the basis of the agreements by the major tobacco companies were notonly 9.7% is used for anti-fraud measures and programmes but were ‘90 % confiscated’ by the Member States, which added them as income to their respective budgetswhile the remaining 90.3% is added as income to the Member States' respective budgets without being clearly assigned to programmes and activities related to the fight against fraud;
Amendment 18 #
2012/0000(INI)
7a. Stresses that shortcomings in the cross-border cooperation between Member States' tax administrations weakens the correct implementation of the EU's VAT regulatory framework, facilitates fraudsters and organised crime activities and leads to significant losses such as those observed due to the heterogeneous application of customs procedure 42; regrets the lack of consistency in the processing of VAT ID numbers at customs level; is of the opinion that a European Tax Identification Number would bring greater transparency and uniformity in the management of customs procedure 42; urges the Commission, therefore, to launch its impact assessment on this matter as soon as possible;
Amendment 22 #
2012/0000(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Insists, in this respect, on the need to reinforce the European Union's legal framework for the seizure and confiscation of assets including in non- conviction based cases and in accordance to the principle "Follow The Money" through the seizure of property established to be the proceeds of or means to commit a crime under civil criteria;
Amendment 25 #
2012/0000(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 2 #
2011/2316(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Constituent Act of the EU-Neighbourhood East Parliamentary Assembly (EURONEST) of 3 May 2011,
Amendment 7 #
2011/2316(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to its resolutions of 20 January 2011 on a EU Strategy for the Black Sea, and of 17 January 2008 on a Black Sea Regional Policy Approach,
Amendment 8 #
2011/2316(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Council Decision 201/518/CFSP of 25 August 2011 appointing the European Union Special Representative for the South Caucasus and the crisis in Georgia,
Amendment 14 #
2011/2316(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Eastern Partnership strengthens the multilateral relations between the countries involved, contributes to the exchange of information and experience on the issues of transformation, reform and modernisation, and provides the European Union with additional instruments to support these processes;
Amendment 27 #
2011/2316(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the EURONEST Parliamentary Assembly will hold its second Plenary Session in Baku in April 2012, providing a meaningful forum for discussing questions of democracy, politics, energy, security and social affairs;
Amendment 31 #
2011/2316(INI)
Motion for a resolution
Recital H
Recital H
H. whereas unresolved conflicts are undermining the stability and development of Azerbaijan and the South Caucasus region; whereas in its Joint Communication on ‘A new response to a changing neighbourhood’ the EU stated its ambition to engage more pro-actively in conflict resolution in the South Caucasus; whereas the EUSR for the South Caucasus has an important role in contributing to peaceful conflict settlement in the region;
Amendment 33 #
2011/2316(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the EU in its relations with Armenia and Azerbaijan respects the principles of sovereignty and territorial integrity and in its approach to resolving regional conflicts supports the basic principles of the Helsinki Final Act, i.e. Non-Use of Force, Territorial Integrity, and the Equal Rights and Self- Determination of Peoples;
Amendment 41 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(a a) ensure that the conclusion of the EU-Azerbaijan Association Agreement, in line with the demands made in the Parliament's Report on the need for an EU strategy for the South Caucasus of 23 April 2010 and with OSCE Minsk Group Basic Principles, is linked to a substantial progress towards the resolution of the Nagorno-Karabakh conflict, including confidence-building measures and active incident-prevention on the line of contact, the right of all internally displaced persons and refugees to return to their home places and properties and international security guarantees that would include a genuine multinational peacekeeping operation;
Amendment 48 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) incorporate in the Association Agreement clauses and benchmarks on the protection and promotion of human rights which reflect the principles and rights enshrined in the Constitution of Azerbaijan and the highest international and European standards, drawing to the fullest possible extent on Council of Europe and OSCE frameworks and insisting particularly on the rights of internally displaced persons (IDPs) and their right to return in safety and dignity to their home lands; ensure that the negotiations take full account of the need to safeguard the rights and livelihoods of internally displaced persons;
Amendment 71 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(e a) call for stronger role for the EU in resolution of the conflict, by continuing the implementation of confidence building measures, which will bring together both – the Armenian and the Azerbaijani communities of the Nagorno-Karabakh region and spreading the ideas of peace, reconciliation and trust among them;
Amendment 73 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point e b (new)
Paragraph 1 – point e b (new)
(e b) stress that the resolution of the conflict between Armenia and Azerbaijan is essential to economic and social development in the region as a whole and to build trust, improve good neighbourly relations, achieve full-scale regional cooperation; and stress s that real efforts are needed to pave the way for a lasting peace; asks all relevant authorities to avoid provocative policies and rhetoric, inflammatory statements and manipulation of history; stress to continue to do everything possible within the framework of the Eastern Partnership to bring about political and economic rapprochement between Armenia and Azerbaijan, and to firmly establish regional conflict resolution as an integral component of this;
Amendment 79 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) strengthen the European Union's conflict-resolution capacity, inter alia by supporting the efforts of the Minsk Group and clearing the way for the implementation of confidence-building measures, as the Presidents of both Azerbaijan and Armenia have agreed; calls on the leaders of Armenia and Azerbaijan to act responsibly, avoid inflammatory speeches and prepare the ground, so that the public opinions accept and fully understand the benefits of a comprehensive settlement;
Amendment 82 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(f a) welcome that much work had been done by the OSCE Minsk Group Co- Chairs and the parties to make progress towards agreement on the Basic Principles and call to continue to work with the all the parties OSCE Minsk Group Co-Chairs;
Amendment 89 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point f b (new)
Paragraph 1 – point f b (new)
(f b) stress that hundreds of thousands of refugees and internally displaced persons who fled their homes during or in connection with the Nagorno-Karabakh war remain displaced and denied their rights, including the right to return, property rights and the right to personal security; those rights should be unconditionally respected and provided without any delay; call to the Commission and Members Sates to continue and extend the EU assistance and financial support to Azerbaijan in dealing with the situation of displaced persons;
Amendment 99 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(g a) encourage Russia which is a key partner in the resolution of the conflict in Nagorno-Karabakh, to assume a more constructive role that is not based on maintaining the status quo but on ending the regional arms race and on achieving a permanent solution, to refrain from any unilateral attempts to modify the updated version of Madrid principles and to continue to work closely with two other Co-chairs to convince the parties to accept them as a basis for further negotiations;
Amendment 100 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(g a) clarify how the substantial degree of complementarity between the various EU initiatives in the region, namely the Eastern Partnership and the Black Sea Synergy, is to be exploited;
Amendment 102 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point g b (new)
Paragraph 1 – point g b (new)
(g b) call for the support of Turkey in playing a constructive role in the resolution of the Nagorno-Karabakh conflict and in fulfilling its responsibility in that region;
Amendment 118 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point m a (new)
Paragraph 1 – point m a (new)
(m a) welcomes the reforms taken made by Azerbaijani authorities in the judiciary, with a view to ensuring greater independence of judges, improving selection and appointment procedures, eliminating judicial corruption and susceptibility to the influence of the executive; acknowledges that the relevant laws, including the law on the Bar, have been adopted; encourages the authorities in charge to continue implementing legislation to combat corruption and to focus on high-level corruption cases as well as to improve significantly transparency of public expenditure and of the funding of political parties; emphasizes on the need to improve the independence, the efficiency and resources of the judiciary; reminds of the importance of the court system functioning free from political interference; stresses the need to establish a convincing track record of recruiting and appointing judges and state prosecutors based on the application of uniform, transparent, objective and nationally applicable criteria and to build up an enforcement record of prosecutions and convictions against which progress can be measured; calls for the unification of jurisprudence in order to ensure a predictable judicial system and public trust;
Amendment 122 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point n a (new)
Paragraph 1 – point n a (new)
(n a) emphasise the vital importance of Azerbaijan in the diversification of the energy supplies and routes of their delivery to Europe, and in this connection commends the efforts of Azerbaijan in promoting such pioneering projects as the Baku-Tbilisi-Ceyhan and the Baku- Tbilisi-Erzurum pipelines, which played a significant role in the opening-up the resource potential of the Caspian basin to the international markets as well as the fulfilment of the AGRI Project, the first ever Liquified Natural Gas (LNG) transport and delivery system at the Black Sea, together with Georgia and Romania;
Amendment 127 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point n b (new)
Paragraph 1 – point n b (new)
(n b) ensure the continued focused attention of the EU to the development of the energy cooperation with Azerbaijan and sustainable support by the EU in political, financial and technological fields;
Amendment 133 #
2011/2316(INI)
Motion for a resolution
Paragraph 1 – point r a (new)
Paragraph 1 – point r a (new)
(r a) to further encourage a profound level of cooperation with and within the Eastern Partnership, as well as to regularly inform the European Parliament on its progress;
Amendment 3 #
2011/2315(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Constituent Act of the EU-Neighbourhood East Parliamentary Assembly (EURONEST) of 3 May 2011,
Amendment 6 #
2011/2315(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to its resolutions of 20 January 2011 on an EU Strategy for the Black Sea, and of 17 January 2008 on a Black Sea Regional Policy Approach,
Amendment 7 #
2011/2315(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Council Decision 201/518/CFSP of 25 August 2011 appointing the European Union Special Representative for the South Caucasus and the crisis in Georgia,
Amendment 16 #
2011/2315(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Armenian authorities have repeatedly stated their willingness to adhere to these values and emphasised Armenia’s European ambitions; whereas Armenia’s active participation in the framework of EURONEST which covers the four thematic platforms of the Eastern Partnership, including questions of democracy, politics, economics, energy, security and social affairs, provides a good example of its commitment towards adhering to European values and principles;
Amendment 24 #
2011/2315(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the unresolved conflicts are undermining the stability and development of Armenia and the South Caucasus region; whereas in its Joint Communication on ‘A new response to a changing neighbourhood’ the EU stated its ambition to engage more pro-actively in conflict resolution in the South Caucasus; whereas the EUSR for the South Caucasus has an important role in contributing to peaceful conflict settlement in the region;
Amendment 30 #
2011/2315(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(a a) ensure that the conclusion of the EU-Armenia Association Agreement, in line with the demands made in the Parliament’s Report on the need for an EU strategy for the South Caucasus of 23 April 2010 and with OSCE Minsk Group Basic Principles, is linked to a substantial progress towards the resolution of the Nagorno-Karabakh conflict, including confidence-building measures and active incident-prevention on the line of contact, the withdrawal of Armenian forces from the all occupied territories of Azerbaijan surrounding Nagorno-Karabakh and their gradual return to Azerbaijani control, the right of all internally displaced persons and refugees to return to their home places and properties and international security guarantees that would include a genuine multinational peacekeeping operation;
Amendment 53 #
2011/2315(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(f a) emphasize the importance the European Union attaches to the prevention of and fight against corruption in the Eastern Partnership countries, especially in light of the Council Conclusions on cooperation in the area of Justice and Home affairs within the Eastern Partnership at its 3135th meeting on 13 and 14 December 2011;
Amendment 58 #
2011/2315(INI)
Motion for a resolution
Paragraph 1 – point f b (new)
Paragraph 1 – point f b (new)
(f b) underline the relationship between the reform of law enforcement authorities in the partner countries and measures to combat financial crime, corruption, money laundering, and the financing of terrorism;
Amendment 93 #
2011/2315(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(i a) clarify how the substantial degree of complementarity between the various EU initiatives in the region, namely the Eastern Partnership and the Black Sea Synergy, is to be exploited;
Amendment 1 #
2011/2265(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the ENIAC Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010;
Amendment 3 #
2011/2265(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2010;
Amendment 5 #
2011/2265(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UrgesNotes from the Joint Undertaking to adopt and implement the necessary actions to ensure its future accounts conform with EC Accounting Rule 16; expects the Joint Undertaking to keep the discharge authority informed on this matterhat the qualified opinion is due to the fact that the Joint Undertaking and the Court of Auditors referred to different dates to establish when the Joint Undertaking started to work autonomously;
Amendment 6 #
2011/2265(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 1 #
2011/2264(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. …Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute's budget for the financial year 2010;
Amendment 3 #
2011/2264(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. …Approves the closure of the accounts of the European Institute for Gender Equality for the financial year 2010;
Amendment 1 #
2011/2255(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Police Office discharge in respect of the implementation of the Office's budget for the financial year 2010;
Amendment 3 #
2011/2255(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Police Office for the financial year 2010;
Amendment 5 #
2011/2255(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes thatWelcomes that, following the request of the discharge authority, the final accounts for the financial year 2010 have not been made publicly available on the Office's website; is of the opinion that this demonstrate a lack of transparency by the Office; calls on the Office to remedy the situation as a matter of urg on 17 February 2012; underlines nevertheless that the final accounts for the financial year 2010 should have been made public immediately after their adoption on 13 September 2011; calls therefore on the Office to do so in the future in order to foster its transparency;
Amendment 6 #
2011/2255(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends that the Office, in the interest of fostering transparency, provides a list of the Members of its Management Board as well as a direct access to its detailed budget, which should include a list of its contracts and of its procurement decisions, and be published on the Office's website, with the exception of those contracts for which publication might entail a security riskwhich should include their name, declaration of interest and curriculum vitae with their work and educational background; notes with satisfaction that the Office's procurement activities and list of contractors concluded for 2010 has been published on the Office's website;
Amendment 1 #
2011/2242(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the FCH Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010;
Amendment 3 #
2011/2242(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the FCH Joint Undertaking for the financial year 2010;
Amendment 6 #
2011/2242(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with great concern that the Joint Undertaking used one quarter of its envisaged duration, up to 31 December 2017, to achieve financial autonomy; insists that these delays should not however cause a prolongation of the 10 year period of its existencebeyond the official term of 31 December 2017 but should embolden the management of the Joint Undertaking to address all shortcomings and reach its objectives within the envisaged 10 year periodlifetime;
Amendment 7 #
2011/2242(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 9 #
2011/2242(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 2 #
2011/2241(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010;
Amendment 4 #
2011/2241(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2010;
Amendment 5 #
2011/2241(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas the Innovative Medicines Initiative Joint Undertaking was set up in FebruaryDecember 2007 for a period of 10 years to significantly improve the efficiency and effectiveness of the drug development process with the long-term aim that the pharmaceutical sector produces more effective and safer innovative medicines,
Amendment 6 #
2011/2241(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the 2010 final budget included commitment appropriations of EUR 107 150 584 and payment appropriations of EUR 29 000 009 840; acknowledges, with concern, that the utilisation rates for available commitment and payment appropriations were as low as 6 % and 35 % respectively;
Amendment 11 #
2011/2241(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 2 #
2011/2240(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. …Grants the Executive Director of the ARTEMIS Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010;
Amendment 4 #
2011/2240(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. …Approves the closure of the accounts of the ARTEMIS for the financial year 2010;
Amendment 7 #
2011/2240(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 2 #
2011/2239(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the Clean Sky Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010;
Amendment 4 #
2011/2239(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010;
Amendment 6 #
2011/2239(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 2 #
2011/2238(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the SESAR Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010;
Amendment 4 #
2011/2238(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the SESAR Joint Undertaking for the financial year 2010;
Amendment 5 #
2011/2238(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that, for the financial year 2010, the overall European Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 2 #
2011/2237(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2010,;
Amendment 4 #
2011/2237(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010;
Amendment 9 #
2011/2237(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that, for the financial year 2010, the overall European Union contribution to the budget of the Joint Undertakings amounted to EUR 262 5505 000 000;
Amendment 1 #
2011/2236(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director-General of the Euratom Supply Agency discharge in respect of the the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2236(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2010;
Amendment 1 #
2011/2235(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2235(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Chemicals Agency for the financial year 2010;
Amendment 5 #
2011/2235(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the Court of Auditors reported that the Agency's 2010 budget amounted to EUR 75 000 000 while the Agency reported a budget of EUR 75 500 000 for the financial year 2010; calls on the Agency and the Court of Auditors to inform the discharge authority of the exact amount of the Agency's budget for 2010 and to explain the conflicting data in the same report;
Amendment 6 #
2011/2235(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that, as a rule,Acknowledges from the Agency that it is financed through fees paid by industry for registrations of chemical substances and by a potential Union contribution, as intended by the Union legislator;
Amendment 8 #
2011/2235(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Ascertains from the Agency's Report on Budgetary and Financial Management that the Agency committed to entirely reimburse the Union's temporary contribution to the Commission upon receipt of the corresponding debit note; calls on the Agency to inform the discharge authority on wheacknowledges from the Agency that the reimbursement of ther the reimbursement occurred as intendedemporary contribution occurred in March 2011 and interest was paid to the Commission;
Amendment 10 #
2011/2235(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the Agency's reply which states that it will include a proposal for a mechanism to manage surplus revenue in the upcoming review of the Framework Financial Regulation; understands from the Agency's Annual Activity Report that an arrangement with an external, highly-rated custodian was set up and a second arrangement is being prepared to ensure the safe-keeping and risk diversification of the accumulated cash reserves that should be the principal source of finance for the Agency until the start of next Financial Perspectives Period in 2014; expects the Agency to regularly keep the discharge authority informed on this matteracknowledges from the Agency that cash reserves have been placed for asset management at the European Investment Bank and the Central Bank of Finland;
Amendment 12 #
2011/2235(DEC)
Motion for a resolution
Subheading 4 a (new) - after paragraph 20
Subheading 4 a (new) - after paragraph 20
Conflict of interests
Amendment 13 #
2011/2235(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Noting that the Agency is involved in decisions of high importance for consumers and taking into account its exposure due to its importance to industry, is looking forward to receive and discuss the findings and recommendations from the Special Report on conflict of interest situations to be released by the Court of Auditors before the end of June 2012;
Amendment 1 #
2011/2234(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the Community Fisheries Control Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2234(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the Community Fisheries Control Agency for the financial year 2010;
Amendment 1 #
2011/2233(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;
Amendment 3 #
2011/2233(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European GNSS Agency for the financial year 2010;
Amendment 8 #
2011/2233(DEC)
Motion for a resolution
Recital G
Recital G
G. whereas the budget of the Agency for the year 2010 was EUR 15 900 000 compared to EUR 44 400 000 in 2009, which represents a decrease of 64.19%; whereas the initialAgency reported a contribution of the European Union to theits budget of the Agency for 2010 wasof EUR 7 88 690 000,
Amendment 14 #
2011/2233(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges in addition the Court of Auditors’ observations that, following the entry into force of Regulation (EC) No 683/2008, most of the activities and assets related to the EGNOS and Galileo programmes were transferred to the Commission in December 2009 but at 31 December 2010, the status of EUR 2 000 000 held by the Agency in respect of technical support from the European Space Agency had still to be determined; urges the Agency, therefore, to inform the discharge authority on the action taken in this respect asnotes from the Agency replied that the transfer was to beof EUR 2 000 000 was finalised ion Septem3 October 2011;
Amendment 16 #
2011/2233(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 18 #
2011/2233(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes note from the Agency that the final contribution made by the Union to the Agency for 2010 amounted to EUR 8 690 000 and that this amount includes the initial budget of EUR 5 135 000 complemented by the recovery of surplus of EUR 2 755 000 and an additional amount of EUR 800 000 of payment appropriation to reinforce Title III (operational expenditures);
Amendment 7 #
2011/2232(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas the Union contributions tobudget of the decentralised Agencies increased substantially between 2007 and 2010 from EUR 1 055 000 000 (for 21 Agencies) to EUR 1 658 000 000 (for 24 Agencies),
Amendment 9 #
2011/2232(DEC)
Motion for a resolution
Recital D
Recital D
D. whereas the Union contributions to the decentralised Agencies for the financial year 2010 amounted to EUR 1 658over EUR 620 000 000,
Amendment 12 #
2011/2232(DEC)
Motion for a resolution
Recital G
Recital G
G. whereas the Court of Auditors planned to analyse the Agencies’ performance and issue a Special Report by 2011 on cost benchmarking of the European Union Agencies, but regretfully failed to issue this report before the end of 2011 and whereas on 15 February 2012 the President of the European Court of Auditors sent to the President of the European Parliament a document on the Agencies’ governance costs, financial management and operational efficiency stating in the cover letter that this was not the Special Report, that it has a non-public nature and could be used for the 2011 discharge although it covered comparative data from 2008 to 2010,
Amendment 37 #
2011/2232(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Acknowledges, however, that due to their financial set-ups, some Agencies, such as EMA, generally end up with a high level of carryovers at the end of each financial year; calls on these Agencies to establish a genuine mechanism enabling them to establish, in due time, their estimated level of carryovers; is of the opinion that such a mechanism is essential to evaluate whether the level of carryovers at year end is justified and the Agencies’ ability to manage their budget properly;
Amendment 44 #
2011/2232(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on all relevant budgetary actors to respect their duties, within the budgetary procedure, to provide adequate justification for their requests concerning the Agencies’ budgets (i.e. initial budget request, increases, decreases); is of the opinion that the Agencies’ budgets should be based on their actual real needs and be therefore established on a zero basis instead of the basis determined by needs established years ago;
Amendment 61 #
2011/2232(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 86 #
2011/2232(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Repeats its call on the Court of Auditors to make a comprehensive analysis of the Agencies’ policies, approach and concrete practice for the management of the situations of the conflicts of interest, in order to stop the existing conflicts and prevent future ones taking into account the OECD definition of conflict of interest and its related rules;
Amendment 109 #
2011/2232(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Urges the Court of Auditors, therefore, to seriously and impartialo thoroughly exercise its controlling and auditing functions on the Agencies and reflect all its findings and recommendations through its public annual or special reports to enable Parliament to fulfil its discharging function fully and for the public to know how the Agencies are managed and which the wrongs were identified;
Amendment 115 #
2011/2232(DEC)
Motion for a resolution
Subheading 21
Subheading 21
Reports on the Annual Account by the Court of Auditors: failures and shortcomings
Amendment 122 #
2011/2232(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Is seriously concerned that despite Parliament’s requests, the Court of Auditors’ reports on the annual accounts for 2010 include only half of the information provided in previous years (in 2010: 38 comments for 24 Agencies, in 2009: 69 comments for 22 Agencies and in 2008: 69 comments for 23 Agencies) and that most of the Court of Auditors’ comments on the 2010’s reports include only general statements and not precise information and findings; is concerned that the Court of Auditors did not act as an external independent controlling authority and acted against the interests of the Union andto also satisfy the European citizens’ right to know how their money is spent and how the Agencies are managed; recalls, in this context, that the Agencies serve the public interest and should be accountable to the citizens whose interest claim tomust serve;
Amendment 126 #
2011/2232(DEC)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Recalls moreover that the Court of Auditors failed adid not reporting the level of appropriations carried over from 2009 to 2010 and those cancelled, for at least ECHA, EEA, EMSA and CEPOL in its reports on the Agencies for the financial year 2010; finds that this failure is unacceptabletakes note of the Court of Auditors’ statement that the carryover situation for the aforementioned Agencies was not found to be significant or unjustified but recalls that the discharge authority is the European Parliament;
Amendment 127 #
2011/2232(DEC)
Motion for a resolution
Subheading 22
Subheading 22
Amendment 130 #
2011/2232(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Is seriously concerned that, despite the Court of Auditors’ information provided in its 2011 Annual Work Programme and the persistent requests from Parliament, which is, after all, one of the European stakeholders, the two Special Reports related to Agencies dealing with: a) cost benchmarking of Union Agencies and b) conflicts of interest with the management at the Agencies, are still not ready or made available; notes that the Special Report on cost benchmarking of the Agencies was initially planned by the Court of Auditors for October 2011 but has still not been issued, and that the Court of Auditors’ representative stat on cost benchmarking of Union Agencies has not been delivered; is surprised that on 15 February 2012 the President of the European Court of Auditors sent a letter with an annex to the President of the European Parliament stating basically that the annex (i) is not the Special Report on cost benchmarking of the Agencies, (ii) is of a non-public nature and (iii) that it could be used for the 2011 discharge, thus implying that it should not be used forally in Parliament’s Committee on Budgetary Control that it is still working on the 17th draft, but failed so far to send the final report or a draft to Parliament despite repeated requests; is concerned tha the 2010 discharge although the data in the annex cover 2008-2010; considers this as unacceptable and continues to call on the European Court of Auditors to issue the Special Report ion these circumstances the ‘conflict of interest management’ report will not be issued on time by the Court of Auditors and/or it will not reflect the real situationost benchmarking of the Agencies which has been planed for 2011 in its Work Programme;
Amendment 135 #
2011/2232(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. UrgesNotes that the Court of Auditors, once more, to provide the discharge authority with the report on cost benchmarking of Union Agencies in its current state in good time to allow the Parliament to consider it for the 2010 discharge and to issue within the deadline a serious and comprehensive report on the conflicts of interest management in the Union Agencies will publish a Special Report on conflicts of interest management in the Union Agencies by the end of June 2012; being concerned that several Agencies are repeatedly challenged over cases involving conflicts of interest; welcomes this decision and expects the Court of Auditors to issue this Special Report within the planed timeframe;
Amendment 1 #
2011/2231(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2231(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010;
Amendment 1 #
2011/2230(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. …Grants the Director of the European Police College discharge in respect of the implementation of the College's budget for the financial year 2010;
Amendment 3 #
2011/2230(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. …Approves the closure of the accounts of the European Police College for the financial year 2010;
Amendment 6 #
2011/2230(DEC)
Motion for a resolution
Recital F
Recital F
F. whereas the Court of Auditors, in its report on the annual accounts of the College for the financial year 2010, stated for the first time since the College became an agency, that it obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,
Amendment 7 #
2011/2230(DEC)
Motion for a resolution
Recital J
Recital J
J. whereas the budget of the College for 2010 was EUR 7 800 000 compared to EUR 8 800 000 in 2009, which was a decrease of 11,4 %; whereas the contribution of the European Union to the budget of the College for 2010 was EUR 7 800 000, which is equivalent to its contribution for 200915 ,
Amendment 8 #
2011/2230(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes from the College's 2010 Annual Report that 99,56% of the commitment appropriations have been committed; notes also that 46 % of the payment appropriations have been used but that the final figures of use of Title III (Operational Expenditure) were only due to be available at the end of 2011; underlines howevertakes note that the College's 2010 final annual accounts, adopted in June 2011, indicate that thea rate of spent payment appropriations was of 59,12% in 2010; urges the College to explain to the discharge authority the difference in the rate set out in these two official documents and to provide the final figures of use of Title III for the 2010 financial year;
Amendment 9 #
2011/2230(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes also note of the IAS statement that the description of some items in the MAP lack clarity and that the progress reporting is not always accurate enough to allow a clear understanding of what the individual milestones imply in terms of concrete actions; acknowledges moreover that the IAS identified overlap between some of the milestones which makes it difficult to assess the ultimate overall status of the related actions; calls therefore on the College to replace the unclear milestones by clear, concrete and measurable oneacknowledges the College's statement that the MAP was updated in accordance with the IAS recommendations and the improvements incorporated within the 3rd Progress Report which was approved by the Governing Board on 8 December 2010; calls on the IAS to confirm that the updated progress report on the College's MAP reflects adequately their recommendations;
Amendment 1 #
2011/2229(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2229(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Railway Agency for the financial year 2010;
Amendment 5 #
2011/2229(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas the overall budget for the Agency for the year 2010 was EUR 24 147 240, which is an increase of 14,9 % compared to 2009; whereas the initial contribution of the European Union to the budget of the Agency for 2010 was EUR 23 260 000 compared to EUR 16 060 000 in 2009 , which represents a den increase of 44,83 %,
Amendment 1 #
2011/2228(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 2 #
2011/2228(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2010;
Amendment 2 #
2011/2227(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre's budget for the financial year 2010;
Amendment 6 #
2011/2227(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2010;
Amendment 10 #
2011/2227(DEC)
Motion for a resolution
Recital C
Recital C
C. whereas the overall budget of the Centre for the year 2010 was EUR 57 800 000 compared to EUR 49 200 000 in 2009, an increase of 17,5 %; whereas the total contribution of the European Union to the budget of the Centre for 2010 was EUR 536 2235 000,
Amendment 11 #
2011/2227(DEC)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Underlines, however, that according to the definitive adoption of the European Union's general budget for the financial year 2010 the total subsidycontribution to the Centre amounts to EUR 56 225 000 and was made of:
Amendment 12 #
2011/2227(DEC)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
– a subsidycontribution of EUR 33 360 000 under Title I and II, and
Amendment 13 #
2011/2227(DEC)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
– a subsidycontribution of EUR 22 895 000 for Title III, of which EUR 10 000 000 were paid.
Amendment 14 #
2011/2227(DEC)
Motion for a resolution
Paragraph 2 – subparagraph 2
Paragraph 2 – subparagraph 2
Notes that the two subsidies amount to, however, that the same document presents a total European Union contribution of EUR 563 2253 000; observes that this amount differs from the amount presented as the total European Union's contribution to the Centre for 2010; urges, therefore, the European Commission to inform the discharge authority of the exact subsidy allocated to the Centre for the financial year 2010 and to explain the different figures presented in the definitive adop for 2010; acknowledges the European Commission's statement that the European Union's contribution to the Centre for 2010 was of EUR 56 225 000 and that the figure of EUR 53 223 000 is the result of inconsistencies in the text accompanying the budget figures; is of the opinion that this reflects the necessity for the Commission to provide annually the discharge authority with consolidated information ofn the European Union's general budget for the financial year 2010 regarding the Centretotal annual funding per Agency made from the general budget of the Union;
Amendment 3 #
2011/2226(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority's budget for the financial year 2010;
Amendment 3 #
2011/2226(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones its decision on granting the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority's budget for the financial year 2010;
Amendment 4 #
2011/2226(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Food Safety Authority for the financial year 2010;
Amendment 5 #
2011/2226(DEC)
Motion for a resolution
Recital A
Recital A
Amendment 6 #
2011/2226(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas on 10 May 2012, the European Parliament postponed its decision on the discharge and closure of the accounts of the Authority for the financial year 2010,
Amendment 6 #
2011/2226(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Postpones the closure of the accounts of the European Food Safety Authority for the financial year 2010;
Amendment 7 #
2011/2226(DEC)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Authority provided extensive replies to the discharge authority by letters of 29 June 2012 and 20 August 2012,
Amendment 8 #
2011/2226(DEC)
Motion for a resolution
Recital B
Recital B
Amendment 9 #
2011/2226(DEC)
Motion for a resolution
Recital C
Recital C
Amendment 10 #
2011/2226(DEC)
Motion for a resolution
Recital D
Recital D
Amendment 10 #
2011/2226(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes from the Authority that in line with the schedule of the Commission, migration to the accrual-based accounting (ABAC) system was scheduled for September 2011 and implemented accordingly;
Amendment 11 #
2011/2226(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 11 #
2011/2226(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Finds it unacceptable that while the Management Board of the Agency counts only 15 members, each meeting costs in average EUR 92 630, which represents an amount of EUR 6 175 per member; underlines that this amount is nearly three times higher than the second most expensive Management Board of a decentralised Agency; is of the opinion that the Management Board meetings costs are excessive and should be reduced drastically; calls on the Agency and its Management Board to remedy the situation immediately and to inform the discharge authority on the measures undertaken by 30 June 2012;
Amendment 12 #
2011/2226(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 13 #
2011/2226(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 14 #
2011/2226(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 15 #
2011/2226(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges, however, the Authority to take further action to enable a satisfactory budgeNotes the Authority's statement that measures now adequate have been undertaken to improve financial management and that execution rate in terms of both commitment and payment appropriations and to inform the discharge authority of the progress achievedwas close to 100 % in 2011;
Amendment 16 #
2011/2226(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 18 #
2011/2226(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. FReminds it unacceptable that while the Management Board of the Authority consists of only 15 members, each meeting costsed on average EUR 92 630 in 2010, which represents an amount of EUR 6 175 per member; underlinwelcomes that, this amount is nearly three times higher than the second most expensive Management Board of a decentralised agency; is of the opinion that the Management Board meetings costs are excessive and should be reduced drastically; calls on the Authority and its Management Board to remedy the situation immediately and to inform the discharge authority of the measures undertaken by 30 Junerough the implementation of a series of measures, the Authority reduced expenditure related to the Management Board by 66 % compared to 20120;
Amendment 19 #
Amendment 20 #
2011/2226(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 21 #
2011/2226(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 21 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers, therefore, that a thorough case-by-case analysis of these reports and possible and actual conflicts of interest situations should be carried out in order to evaluate the objectivity and impartiality of the Authority at all levels and the work it conveys; calls, moreover, on the Authority to make a thorough screening of the declarations of interest submitted by its staff, experts and by the Members of the Management Board followed by concrete measures to stop conflicts of interest and provide information to the public; calls on the Authority to inform the discharge authority on the screening process and the concrete measures adopted, by means of a detailed written report by 30 June 2012;
Amendment 22 #
2011/2226(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls onTakes note that the Authority to develop and implement a common monitoring system for the management of all its contracts; acknowledges, in particular, the absence of a central and coordinated capacity at directorate level responsible for the monitoring of contracts; underlines that this entails a risk of inefficient use of resources and uncoordinated monitoring of contracts and therefore asks the Authority to centralise these responsibilities at the level of each directorateed a 'Grants and Procurement Tool' to improve the monitoring of tendering process, the contracts management and the payment forecast capacity; notes that the new Database on Procurements and Grants was launched on 28 June 2012;
Amendment 23 #
2011/2226(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 24 #
Amendment 25 #
2011/2226(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 26 #
2011/2226(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 27 #
Amendment 28 #
2011/2226(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 29 #
2011/2226(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 29 #
2011/2226(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes note from the Authority that a review of its Policy on Declarations of Interest took place in 2011 and that its Management Board adopted a new policy on Independence and Scientific Decision- Making Processes ;
Amendment 30 #
2011/2226(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Observes that the Authority is repeatedly challenged over alleged cases of conflicts of interest involving members of the experts' panels, especially in the case of the panels 'Food additives and nutrient sources added to food' (ANS) and 'Genetically modified organisms' (GMO); underlines that 8 of the Authority's panels and its scientific committee are up for renewal in March 2012 and the Authority's capability to implement the new policy is under scrutiny; calls therefore the Authority to inform in writing the discharge authority by 30 June 2012 on the steps undertaken to implement the new policy on Independence and Scientific Decision- Making Processes and to conform with the OECD definition of conflict of interest when renewing its panels and scientific committee; at the same time, calls on the Authority to inform the discharge authority on the new composition of the panels and scientific committee by 30 June 2012;
Amendment 31 #
2011/2226(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 31 #
2011/2226(DEC)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that the Authority has been audited by the Court of Auditors in the framework of the Special Report on conflicts of interest management in the Union agencies and acknowledges from the Court of Auditors that the aforementioned Special Report will be published by the end of June 2012; given the extent of criticisms questioning the independence of the Authority, the findings of the Court of Auditors in the conflict of interest area will be also considered;
Amendment 33 #
2011/2226(DEC)
Motion for a resolution
Subheading 5
Subheading 5
Conflict of interest and ‘revolving door’ casestransparency
Amendment 34 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes, in particular, that in September 2010 the Chair of the Management Board was reported to have direct links to the food industry, and to be a member of the Board of Directors of the International Life Science Institute (ILSI) - EuropWelcomes the organisation of a mandatory session on ethics and integrity for all members of the Management Board in October 2012 but calls on the Board to enforce effectively its Code of Conduct and adopt provisions preventing and sanctioning revolving door cases in order to avoid similar situations to the one of its former Chairperson in the future;
Amendment 35 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Authority's commitment to propose its Management Board to elect its Chairperson by open ballot; believes that a transparent procedure will reinforce the Management Board's accountability;
Amendment 36 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Takes note that the Authority's new policy on "independence and scientific decision-making processes" together with its implementing rules entered into force in July 2012 and that the Authority's new definition of conflicts of interests is compatible with the OECD guidelines; notes from the Authority that its practical approach concerning an expert breaching the independence policy rules is an exclusion for a 5-year period; suggests to insert a conclusive set of proportionate sanctions to be part of the implementing rules of the independence policy;
Amendment 37 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Notes that the Authority scheduled an evaluation of its independence policy by the end of 2013 and committed to consider, inter alia, the possibility to publish the outcomes of the breach of trust procedures, including the outcomes of the procedure verifying the integrity of the scientific review and to broaden and reinforce the mandate of its Committee on Conflict of Interests, for instance with a similar mandate to the Committee for Ethical Standards and Prevention of Conflict of Interest of the French Agency for Food, Environmental and Occupational Health & Safety (ANSES); expects the Authority to inform the discharge authority on this matter by the start of the next discharge procedure;
Amendment 38 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Encourages the Authority to further strengthen its independence policy and consider adopting rules among others including sanctions and publishing the curriculum vitae and declarations of interest of the in-house experts and scientists;
Amendment 39 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Notes the Authority's statement that it adopted a policy on gifts and hospitality on 4 July 2012; commends this initiative and invites the Authority to make the policy available on its website;
Amendment 40 #
2011/2226(DEC)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Acknowledges that from 1 October 2012 the Authority will launch its first evaluation of a random sample of declarations of interest to verify their coherence with its newly adopted independence policy and implementing rules; expects the Authority to share the outcomes of the evaluation of all declarations with the discharge authority by 1 March 2013 in order to reflect them in the amendments to the next discharge report;
Amendment 41 #
2011/2226(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 43 #
2011/2226(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 44 #
2011/2226(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 45 #
2011/2226(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 47 #
2011/2226(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 48 #
2011/2226(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that product assessment should not be based solely on industry data, but should duly take into account independent scientific literature published in peer-reviewed journals; stresses that extra caution should be exercised in relation to industry influence in the development of guiAcknowledges the Authority's commitment to work with the European Commission in order to delfines and assessment methodologies, which should not favour industry-sponsored studies on speculative grounds and which should be developed in an open, transparent and balanced manner the modalities of full public access to unpublished raw data;
Amendment 49 #
2011/2226(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 50 #
2011/2226(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 51 #
2011/2226(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 52 #
2011/2226(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 53 #
2011/2226(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 54 #
2011/2226(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 56 #
2011/2226(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 57 #
2011/2226(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Observes that the Authority is repeatedly challenged over alleged cases of conflicts of interest involving members of the experts' panels, especially in the case of the panels on ‘Food additives and nutrient sources added to food’ (ANS) and ‘Genetically modified organisms’ (GMO); underlines that eight of the Authority's pPanels and its sScientific cCommittee were due forhave been renewaled in March 2012 and that the Authority's capability of implementing the new policy is under scrutiny; calls therefore on the Authority to inform the discharge authority in writing by 30 June 2012 of the steps undertaken to implement the new policy on independence and scientific decision- making processes and to conform to the OECD definition of conflict of interest when renewing its panels and its scientific committee; at the same time, calls on the Authority to inform the discharge authority of the new composition of the panels and of the scientific committee by 30 JuneJune 2012; welcomes the publication of the declarations of interest of the newly appointed experts on the Authority's website but observes that some of the curriculum vitae are not yet available; invites the Authority to publish all of them by 1 January 2012;
Amendment 59 #
2011/2226(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that 37 experts of two Panels have been appointed in 2011, prior to the adoption of the Authority's new policy on independence and scientific decision- making processes; agrees therefore with the Authority's initiative to screen by 31 October 2012 their declarations of interest against the newly adopted policy and implementing rules; invites the Authority to inform the discharge authority of the outcomes of the screening process by the start of the next discharge procedure;
Amendment 60 #
2011/2226(DEC)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Calls on the Authority to introduce in its annual activity reports a special section describing the actions taken to prevent and manage conflict of interest, which shall include inter alia: - the number of conflict-of-interest cases verified, - the number of revolving door cases, - the measures taken in each category of cases, - the number of breach of trust procedures launched and their outcomes; - the sanctions applied;
Amendment 61 #
2011/2226(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 62 #
2011/2226(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 63 #
2011/2226(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 65 #
Amendment 66 #
2011/2226(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 68 #
2011/2226(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 69 #
2011/2226(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 71 #
2011/2226(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 72 #
Amendment 73 #
2011/2226(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 75 #
2011/2226(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 76 #
2011/2226(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
Amendment 1 #
2011/2225(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is deeply worried about the weaknesses in programming procedures revealed by the audit; calls on the Commission to follow the Court of Auditors' recommendations by streamlining the procedures, improving the links between the strategic programming documents and better priori(European Neighbourhood Policy action plans, Country Strategy Papers and National Indicative Programmes) and making the tisming of these documents more coherent, with the guiding objective of offering neighbouring countries the prospect of an increasingly close relationship with the Union;
Amendment 2 #
2011/2225(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the pilot programme implemented by the Commission, that implies result-oriented monitoring and which is explicitly tailored to Sector Policy Support Programme operations and expects an evaluation report of the added value acknowledged in the three countries;
Amendment 2 #
2011/2224(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 4 #
2011/2224(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2010;
Amendment 13 #
2011/2224(DEC)
Motion for a resolution
Paragraph 10 – indent 2
Paragraph 10 – indent 2
- A Framework Contract of maximum four years for studies on aircraft engine certification requirements and standards amounting to EUR 2 500 000, for which the awarded contractor did not complete all cost elements in its application;
Amendment 17 #
2011/2224(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Agency to inform the discharge authority on the total value of the Framework Contract and to remedy deficiencies that put at risk the transparency of the procurement process as well as the principle of sound financial management;
Amendment 29 #
2011/2224(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Agency to take duly into consideration the professional background of its staff members in order to avoid any conflict of interest; is of the opinion that an Agency employee should not be involved, even in teams, in the certification of an aircraft on which they worked prior to joining the Agency;
Amendment 32 #
2011/2224(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Agency to inform the discharge authority and the Commission of such cases of conflict of interest and to immediately appoint an independent expert/staff member to verify the decisions taken in these cases; also calls on the Agency to publish on its website the declaration of interests and professional background for its experts, management staff, Management Board members and of any other persons whose activities are related to the certification process; indicates that the Agency should follow the OECD guidelines in the area of conflict of interest;
Amendment 33 #
2011/2224(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Noting that the Agency is involved in decisions of vital importance for all citizens and taking into account its exposure due to its importance to industry, the discharge authority is looking forward to receive and discuss the findings and recommendations from the Special Report on conflict of interest situations to be released by the Court of Auditors before the end of June 2012;
Amendment 1 #
2011/2223(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2223(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2010;
Amendment 5 #
2011/2223(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges from the Court of Auditors that the Agency's 2010 budget amounted to EUR 50 100 000 while the Agency reported having received EUR 54 400 000 in commitment appropriations and EUR 50 600 000 in payment appropriations for 2010; calls on the Agency and the Court of Auditors to inform the discharge authority of the exact amount of the Agency's budget for 2010 and to explain the occurrence of conflicting data in the reports of the Agency and the Court of AuditorAgency that its 2010 budget amounted to EUR 53 400 000 in commitment appropriations and EUR 50 600 000 in payment appropriations;
Amendment 14 #
2011/2223(DEC)
Motion for a resolution
Paragraph 18 – subparagraph 2
Paragraph 18 – subparagraph 2
Amendment 1 #
2011/2222(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation's budget for the financial year 2010;
Amendment 3 #
2011/2222(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Training Foundation for the financial year 2010;
Amendment 5 #
2011/2222(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note that the Foundation's Annual Financial Statements mention that the contribution of the Union for 2010 amounted in fact EUR 19 196 840,29; calls therefore on the Foundation and the Commission to inform the discharge authority on the actual contribution granted to the Foundation for the financial year 2010acknowledges the Foundation's statement that the actual contribution granted by the Union in 2010 totalled EUR 19 297 822, i.e. EUR 19 460 000 minus EUR 162 178 which represents the Union contribution in kind; takes also note from the Foundation that, of the amounted received from the Union, it consumed EUR 19 196 840,29 and returned the remaining EUR 100 981,71 to the Commission;
Amendment 1 #
2011/2221(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. …Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust's budget for the financial year 2010;
Amendment 3 #
2011/2221(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. …Approves the closure of the accounts of Eurojust for the financial year 2010;
Amendment 5 #
2011/2221(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Agency and its CollegeNotes from the Agency's statement that its College has no means to redefine the respective roles and responsibilities of the Administrative Director and the College to solve the accountability overlap and to keep the discharge authority regularly informed of this matter, but that measures have been implemented to ensure that the Administrative Director can act in accordance with his responsibilities;
Amendment 2 #
2011/2220(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones its decision on granting the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2220(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 4 #
2011/2220(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Medicines Agency for the financial year 2010;
Amendment 5 #
2011/2220(DEC)
Motion for a resolution
Recital A
Recital A
Amendment 5 #
2011/2220(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Postpones the closure of the accounts of the European Medicines Agency for the financial year 2010;
Amendment 6 #
2011/2220(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas on 10 May 2012, the European Parliament postponed its decision on the discharge and closure of the accounts of the Agency for the financial year 2010,
Amendment 6 #
2011/2220(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Agency and on the IAS to immediately verify whether all the actions mentioned in the audit reports, including the one for 2010, were fully implemented and to inform the discharge authority accordingly;
Amendment 7 #
2011/2220(DEC)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the Agency addressed to a large extent the weaknesses highlighted in the report of 10 May 2012 and provided the discharge authority with substantial information by letters of 2 and 6 July 2012 and of 2, 7 and 24 August 2012,
Amendment 7 #
2011/2220(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned that the Management Board of the Agency never sent the Action Plan and insists on receiving it immediatelyNotes from the Agency that on 15 December 2011 the Management Board endorsed the proposal for the Agency to present at the June 2012 Management Board the detailed implementing measures related to: - establishment of the new structure and scope of the Advisory Committee on Procurement and Contract, - implementation of a multiannual procurement plan, - establishment of the responsibility of the above; insists that the Management Board of the Agency sends the Action Plan to the discharge authority at the latest by 30 June 2012;
Amendment 8 #
2011/2220(DEC)
Motion for a resolution
Recital B
Recital B
Amendment 9 #
2011/2220(DEC)
Motion for a resolution
Recital C
Recital C
Amendment 9 #
2011/2220(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes weaknesses in the Agency's system for validating creditor claims in respect of IT contractors; calls therefortakes note onf the Agency to promptly address the situ's statement that the weaknesses noticed by the Court of Auditors were related to a human error and corrected, that it has strengthened its ex-ante operational and finform the discharge authority on the actiancial control of invoices and that no further weaknesses have been detected; invites the Court of Auditors to verify and inform Parliament ons takenhis matter;
Amendment 10 #
2011/2220(DEC)
Motion for a resolution
Recital D
Recital D
Amendment 11 #
2011/2220(DEC)
Motion for a resolution
Recital E
Recital E
Amendment 12 #
2011/2220(DEC)
Motion for a resolution
Recital F
Recital F
Amendment 13 #
2011/2220(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 13 #
2011/2220(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Establishes from the Agency's Report on budgetary and financial management that, in 2010, appropriations totalling EUR 9 074 296.,49 were cancelled compared with EUR 7 693 276.,58 in 2009; notes the Agency's reply that the level of cancelled expenditure appropriations is a result of stringent monitoring of the actual revenue and adjustments to the expenditure; urges the Agency to take immediate action to decrease the level of cancelled appropriations and to adopt an Action Plan with concrete measures - including aimed at a stricter estimation of the fee income and the period to be received - and deadlines to address this persistent problem by 30 June 2012;
Amendment 15 #
2011/2220(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 16 #
2011/2220(DEC)
Motion for a resolution
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Notes from the Agency that on 15 Decemberthat on 7 June 20112 the Management Board endorsed a proposal for the Agency to pthe new structure and scope of the Advisory Committee on Procuresment at the June 2012 meeting of the Management Board the detailed implementing measures related to the:nd Contract; welcomes that the Agency put in place a multiannual procurement plan for 2012- 2014 as requested by the discharge authority in its report on the discharge for the financial year 2009;
Amendment 17 #
2011/2220(DEC)
Motion for a resolution
Paragraph 3 – indent 1
Paragraph 3 – indent 1
Amendment 18 #
2011/2220(DEC)
Motion for a resolution
Paragraph 3 – indent 2
Paragraph 3 – indent 2
Amendment 18 #
2011/2220(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that by refusing a new payment system, the Management Board accepts and takes direct responsibility for very important risks, such as the non- compliance with legislative requirements, the potential financial impact of the current remuneration system, and reputation; is therefore not ready to accept this questionable attitude from the Agency's GoverningManagement Board and calls upon them to take immediate aadopt an Action Plan on this and to inform the discharge authority by 30 June 2012;
Amendment 19 #
2011/2220(DEC)
Motion for a resolution
Paragraph 3 – indent 3
Paragraph 3 – indent 3
Amendment 19 #
2011/2220(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges alsonderlines that the Agency needs to finalise the signing of an MoU on independence of scientific evaluation, amend internal procedures correspondingly, and update the experts' database; calls on the Agency andtakes note of the Agency's reply that MoUs on independence of scientific evaluation have been signed as of October 2011 and that the experts database was updated to allow direct upload of the e- DoI into the database; calls on the Agency to inform the discharge authority on the status of implementation of these measures by 30 June 2012; also invites the IAS to inform the discharge authority when these very important recommendations are effectively implemented by the Agency;
Amendment 20 #
2011/2220(DEC)
Motion for a resolution
Paragraph 3 – subparagraph 1
Paragraph 3 – subparagraph 1
Amendment 21 #
Amendment 22 #
2011/2220(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 22 #
2011/2220(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. CTakes note from the Agency of the adoption on 1 February 2012 of the "Decision on rules relating to Articles 11a and 13 of the Staff Regulations concerning the handling of declared interests of employees of the European Medicines Agency" by the Management Board and of the "Decision on rules concerning the handling of declared interests of national experts on secondment, visiting experts, trainees and interims of the European Medicines Agency" by the Executive Director; calls on the Agency to provide the discharge authority with the guidelinconcrete measures aund assessment criteria onertaken to implement these Decisions by 30 June 2012 in order to enable Parliament to assess the concrete handling of potential conflicts of interest of staff memberfor all categories listed in the two Decisions;
Amendment 23 #
2011/2220(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 24 #
2011/2220(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 25 #
2011/2220(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 26 #
2011/2220(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 26 #
2011/2220(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recalls that, following the employment of the Agency's former Executive Director by a consultancy that advises, among others, pharmaceutical companies almost immediately after he left the Agency, the discharge authority raised concerns on the actual independence of the Agency and the way its Management Board implemented Article 16 of the Staff Regulations; is furthermore concerned by the allegations that the Agency's former Executive Director created his own consultancy firm while still in office; calls on the Agency to provide the discharge authority with further information on this matter by 30 June 2012;
Amendment 27 #
2011/2220(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 28 #
2011/2220(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concernedReminds that the Court of Auditors has once more reported a high carryover of EUR 17 600 000 in Title II (Administrative expenditure); stresses that this situation indicates delays in the implementation of activities financed from Title II of the Agency's budget and that the Agency is not complying with the budgetary principle of annualitylevel of carryovers for the financial year 2010 as well as a lack of compliance with the budgetary principle of annuality; welcomes the fact that the Agency has strengthened its procedures of fee revenue forecasting by creating a team which analyses, in close cooperation with the pharmaceutical industry, the status of pharmaceutical product research before submission to the Agency; notes the Agency's firm commitment to work with Directorate General Budget in order to achieve a stable framework with the current revision of the Framework Financial Regulations;
Amendment 29 #
2011/2220(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 29 #
2011/2220(DEC)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Welcomes the Agency's initiative to publish the declarations of interests of its staff members occupying management positions and of the experts involved in the evaluation of medicinal products on its website; notes with interest that the list of experts also indicates their risk level in terms of conflict of interest; believes that at least the previous working places – professional background – should also be publish along with the declarations of interest to allow verification of the declarations of interest and identify possible conflicts; invites therefore the Agency to provide the Parliament information on the status of implementation of these measures by 30 June 2012;
Amendment 30 #
2011/2220(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 31 #
2011/2220(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 31 #
2011/2220(DEC)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Is nevertheless concerned by the Agency's approach vis-à-vis the scrutiny of declarations of interest which is primarily based on trust rather than on verification; is notably concerned by the fact that the comparison of the experts' declaration of interest published by the relevant national agency and by the Agency reveals significant differences in some cases; calls therefore on the Agency to establish a genuine mechanism enabling for a proper scrutiny of the declarations of interest received by the Agency and to inform the discharge authority on this matter by 30 June 2012;
Amendment 33 #
2011/2220(DEC)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25 d. Notes that the Agency has been audited by the Court of Auditors in the framework of the Special Report on conflicts of interest management in the Union agencies; acknowledges from the Court of Auditors that the aforementioned Special Report will be published by the end of June 2012; is of the opinion that, given the extent of criticisms questioning conflict of interest issues in the Agency, the decision on the discharge should be postponed until the publication of the Special Report to take into account the findings of the Court of Auditors on this matter;
Amendment 34 #
Amendment 35 #
2011/2220(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 36 #
2011/2220(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 38 #
2011/2220(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 39 #
2011/2220(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. SGives full supports to all efforts at the executive and administrative levels of the Agency to reform the payment system for services provided by Member States' authorities which should clearly be based on the real costs; urges the Management Board to move forward on this issuewelcomes therefore the Agency's initiative to prepare a new proposal to be submitted to the Management Board; urges and expects the Management Board to discuss and decide on this payment system without delay;
Amendment 40 #
2011/2220(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 41 #
Amendment 42 #
2011/2220(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 43 #
2011/2220(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 44 #
2011/2220(DEC)
Motion for a resolution
Subheading 7
Subheading 7
Transparency and Management of conflict of interest
Amendment 45 #
2011/2220(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 46 #
2011/2220(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Takes note that the Agency is organising in November a workshop gathering a broad range of interested parties in the view of developing the modalities of providing public access to clinical trial data and that the selection and training of the Agency's scientific staff aimed at strengthening the analysis of raw data is well advanced;
Amendment 47 #
2011/2220(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 49 #
2011/2220(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 50 #
2011/2220(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 52 #
2011/2220(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes note fromthat the Agency of the adoption on 1 February 2012 of the ‘Decision on rules relating to Articles 11a and 13 of the Staff Regulations concerning the handlhas improved the scope and methodology of the systematic ex-ante and ex-post controls related to the screening of dDeclared interests of employees of the European Medicines Agency’ by the Management Board and of the ‘Decision on rules concerning the handling of declared interests of national experts on secondment, visiting experts, trainees and interims of the European Medicines Agency’ by the Executive Director; calls onation of Interest, also welcomes the Agency's decision to perform a yearly evaluation of its revised policy on Declaration of Interest; invites therefore the Agency to informkeep the discharge authority of the concrete measures undertaken to implement these decisions by 30 June 2012 in order to enable Parliament to assess the procedures in place for hinformed on the implementation of its revised policy andl ing potential conflicts of interest for all categories listed in the two decisions, plus the members of the Management Boardarticular of its systematic ex-ante and ex-post controls on a 6-month basis;
Amendment 53 #
2011/2220(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Notes with satisfaction that the Agency has started publishing the minutes of some Scientific Committees' meetings, starting with the Paediatric Committee (PDCO) in July 2012; takes note that the publication process of the minutes for all Scientific Committee meetings will be completed only by the end of 2013;
Amendment 55 #
2011/2220(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes withat the concern that ins raised with regard to the financial circuits there are alsoand the potential conflicts of interests in processing payments due to insufficient segregation of duties; urges the Agency therefore to duly take into account this very significant risk and take immediate action to address this deficiency were addressed by the Agency with the introduction of SAP accounting software as its central financial system;
Amendment 56 #
2011/2220(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 58 #
2011/2220(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Underlines that in June 2012 a 'revolving door' case occurred in the Agency, the former Head of Legal Service joined as senior counsel a US-based law firm having a number of pharmaceutical industry companies as clients; takes note that the Executive Director of the Agency launched a review of the work performed by the former Head of Legal Service; invites the Agency to inform the discharge authority on the outcomes of this review by the end of 2012;
Amendment 59 #
2011/2220(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 61 #
2011/2220(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Takes note that the Agency proceeded to a screening process of the declarations of interest of its experts and committee members who have been actively involved in the Agency's activities between 1 January and 31 May 2012 against their curriculum vitae; notes that around 54% of the experts and committee members provided the Agency with updated curriculum vitae; calls on the Agency to inform the discharge authority on the timeframe and outcomes of the screening process for the remaining 46% by the start of the next discharge procedure;
Amendment 62 #
2011/2220(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 63 #
2011/2220(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 64 #
2011/2220(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 66 #
2011/2220(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the Agency's initiative to publish on its website the declarations of interests of its staff occupying management positions and of the experts involved in the evaluation of medicinal products on its website; notes with interest that the list of experts also indicates their risk level in terms of conflict of interest; believes that at least the previous working places – professional background – should also be published along with the declarations of interest to allow verification of the declarations of interest and identify possible conflicts; therefore invites the Agency to provide Parliament with information on the status of implementation of these measures by 30 June 2012welcomes the Agency's commitment to publish next to the declarations of interest the professional and educational profiles of the scientific experts belonging to its Expert Database from first quarter 2013 and will follow closely the publication process during the future discharge procedures;
Amendment 67 #
2011/2220(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 68 #
2011/2220(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 71 #
2011/2220(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Acknowledges the Agency's efforts to address the discharge authority's concerns with regards to the prevention and management of conflict of interest; notes in particular the reports of 29 June 2012 and 7 August 2012 received by the discharge authority on the review of the conflict of interest management cases identified by the IAS and on the review of potential conflicts of interest of experts involved in assessing the medicinal product Pandemrix;
Amendment 72 #
2011/2220(DEC)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Calls on the Agency to introduce in each of its annual activity report a special section describing the actions taken to prevent and manage conflict of interest, which shall include inter alia: - the number of alleged conflict-of- interest cases verified, - the number of revolving door cases, - the measures taken in each category of cases, - the number of breach of trust procedures launched and their outcomes - the sanctions applied;
Amendment 73 #
2011/2220(DEC)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 76 #
2011/2220(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 77 #
2011/2220(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 78 #
2011/2220(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 79 #
2011/2220(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 81 #
Amendment 82 #
2011/2220(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 83 #
2011/2220(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
Amendment 84 #
Amendment 85 #
2011/2220(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 87 #
2011/2220(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 90 #
2011/2220(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 92 #
2011/2220(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 93 #
2011/2220(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 94 #
2011/2220(DEC)
Motion for a resolution
Paragraph 47
Paragraph 47
Amendment 1 #
2011/2219(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre's budget for the financial year 2010;
Amendment 3 #
2011/2219(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2010;
Amendment 6 #
2011/2219(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that, under Article 13 of its founding Regulation (EC) No 2965/94, the Centre revenue and expenditure shown in its budget must be balanced; notes that for the financial year 2010 the Centre's accumulated 2009 surplus amounted to EUR 24 000 000; takes note, however, that principally through the transfer of funds to the Union's Pension Scheme and the reimbursements to its clients, the Centre managed to reduce the aforementioned surplus to EUR 9 200 000; acknowledges moreover from the Centre that the Management Board decided in 2011 to use these EUR 9 200 000 to create a reserve for exceptional investment (EUR 4 300 000) and a reserve for price stabilisation (EUR 4 900 000);
Amendment 7 #
2011/2219(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes thatWelcomes that following the request of the discharge authority the final accounts for the financial year 2010 have not been made publicly available on the Centre's website; calls on the Centre to remedy the situation as a matter of urgency;
Amendment 11 #
2011/2219(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that, given that 8 staff members with higher points were not promoted whereas some other staff in the same grade were promoted, Article 45 of Staff Regulations was not respected, as additional discretionary elements were actually incorporated into the final decision to award promotion; calls, therefore, on the Centre to inform the discharge authority on how the Centre improved the situation in this respectnotes the Centre's statement that the Internal Audit Service (IAS) acknowledged that the "Decisions on career and promotion of officials and of temporary staff" adopted by the Management Board on 7 February 2008 were subject to interpretation and that following the final IAS assessment on "Implementation of the staff promotion" issued by IAS in September 2010, the Centre adapted its interpretation to the one of the IAS while the additional criteria which were previously used for promotion were abandoned;
Amendment 12 #
2011/2219(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges observations from the Centre's Annual Activity Report that during the financial year 2010 around 55 % of the total volume of pages translated was outsourced; notes in addition comments from this report that the Centre took steps to consolidate the management of its translation workflow in 2010 by merging the Demand Management and Freelance Management Sections; acknowledges, in particular, that an external study on validation of the ratio between works carried out internally and outsourcing has been launched; calls, therefore, on the Centre to inform the discharge authority in due time of the result of this studycompleted and that the calculation model used by the Centre was validated;
Amendment 1 #
2011/2218(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2218(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2010;
Amendment 2 #
2011/2217(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ....Postpones its decision on granting the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 4 #
2011/2217(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Refuses to grant the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 5 #
2011/2217(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ... the closure ofDecides that a proposal to close the accounts of the European Environment Agency for the financial year 2010 shall be submitted at a subsequent part-session;
Amendment 6 #
2011/2217(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Postpones the closure of the accounts of the European Environment Agency for the financial year 2010;
Amendment 7 #
2011/2217(DEC)
Motion for a resolution
Recital A
Recital A
Amendment 8 #
2011/2217(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas on 10 May 2012, the European Parliament postponed its decision on the discharge and closure of the accounts of the European Environment Agency for the financial year 2010,
Amendment 9 #
2011/2217(DEC)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the Agency provided replies to the discharge authority by letters of 24 May, 15 June and 3 July 2012; whereas the Management Board of the Agency provided the discharge authority with information on the measures undertaken following the postponement of the 2010 discharge by letter of 6 June 2012,
Amendment 9 #
2011/2217(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. BelievNotes that agencies'the Agency's levels of budget execution in terms of committed appropriations and of payment appropriations provide important information to enable the discharge authority to assess their overall performance; notes, however, that in 2010 the Agency failed to provide this information in the documents presented; therefore, urges the Agency to inform the discharge authority of the exact lewere respectively of its budget execution in terms of committed appropriations and of payment appropriations100 % and of 90,75 %;
Amendment 10 #
2011/2217(DEC)
Motion for a resolution
Recital B
Recital B
Amendment 11 #
2011/2217(DEC)
Motion for a resolution
Recital B - indent 1
Recital B - indent 1
Amendment 12 #
2011/2217(DEC)
Motion for a resolution
Recital B - indent 2
Recital B - indent 2
Amendment 12 #
2011/2217(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges from the Agency's Final Accounts that EUR 12 809 551,05 of the 2010 appropriations have been carried forward to 2011; remindstakes note from the Agency that this situation is at odds with the budgetary principle of annuality and can be reduced by correct and proper programming and monitoring of the implementation of its budget to minimise the carryover of appropriations; calls, therefore, on the Agency to take effective action in this respectout of the amount carried forward EUR 8 941 279 refers to external assigned revenue;
Amendment 13 #
2011/2217(DEC)
Motion for a resolution
Recital B - indent 3
Recital B - indent 3
Amendment 14 #
2011/2217(DEC)
Motion for a resolution
Recital C
Recital C
Amendment 14 #
2011/2217(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes from the Agency's Final Accounts that cancellation of unused payment appropriations carried over from the previous year amounted to EUR 585 282,87; understands from the Agency that this amount is lower to the amount cancelled in 2009, i.e. EUR 693 127,02; urges the Agency, nonetheless, to take concrete measures against cancellations of the amounts carried over and to inform the discharge authority by 30 June 2012;
Amendment 15 #
2011/2217(DEC)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Notes the Executive Director's failure to provide the discharge authority with complete, correct and straightforward answers during the 2010 discharge procedure as shown in paragraphs 15 a(new)and 18 a(new); this raises concerns with regards to the capacity to ensure the proper and correct management of the taxpayers' money as well as full accountability;
Amendment 16 #
2011/2217(DEC)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points to paragraph 16 of the Common Approach annexed to the Joint Statement of the European Parliament, the Council and the European Commission on decentralised agencies; expects, without prejudice to the Agencies independence, an open and transparent selection procedure regarding the appointment of the Executive Director in June 2013 that guarantees a rigorous evaluation of candidates and a high level of independence; suggests therefore a hearing of the candidates in the competent committees in Parliament to be part of the appointment procedure to the position of Executive Director;
Amendment 17 #
2011/2217(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 18 #
2011/2217(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 20 #
2011/2217(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 21 #
2011/2217(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Raises doubts that, concerning canteen services, cleaning services, security services and furniture, the Agency failed to ensure the maximum competition and value-for-money during the procurement procedures but favoured ‘'historical’' contractors even though these contractors changed their official name over time; notes from the Agency that these procurement procedures were audited by the Court of Auditors in October 2011; calls therefore on the Court of Auditors and the Agency to provide the discharge authority with the findings and report prepared following this audit;
Amendment 25 #
2011/2217(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is, moreover, concerned over alleged cases of ‘fictitious employment’ of people whothat some people hired by the Agency might also have been work ing for the private service of some of the Agency's staff members but ; calls on the Agency to assure the discharge paid by the Agencauthority that, if this is indeed the case, the private services are paid separately;
Amendment 26 #
2011/2217(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reminds that for five months from 22 May 2010 to October 2010 the Agency covered its building with a Green Façade at a cost of EUR 294 641 and that no public tender was issued;
Amendment 27 #
2011/2217(DEC)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Recalls that in order to cover the costs related to the Green Façade, the budget line '2140 - Fitting-out of premises' has been reinforced by a budget transfer of EUR 180 872 taken from the budget line '2100 - Rent' on 9 April 2010;
Amendment 28 #
2011/2217(DEC)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Calls therefore on the Agency to establish clear internal rules for resorting to Article 126(1) (b) of the implementing rules of the Financial Regulation; notes that the Management Board decided to implement ex-ante controls on exceptional expenditures;
Amendment 29 #
2011/2217(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Internal Audit Service (IAS) to investigate immediately the Agency's contracts in the area of canteen services, cleaning services, security services and furniture to establish whether the call preparation, publication, evaluation and contract management phases respect the two following principles: maximum competition and value-for-money and on the allegations of ‘fictitious employment’mentioned in paragraph 7 and to inform the discharge authority in due course on the Court of Auditors findingstime;
Amendment 30 #
2011/2217(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. NoteRecalls that in December 2011 the Agency awarded a Framework Service Contract for the provision of media monitoring for 48 months, for a total value of EUR 250 000, which is much higher than the costs of similar services in the previous years; observes that based upon this contract the Agency will spend on average EUR 62 500 per year for media monitoring and believes that these costs are excessive and contrary to the principle of efficient use of the taxpayers' money; notes that it awarded a similar contract in 2005 for 3 years with an estimated annual budget of EUR 35 000; observes that in 2011 the Agency's ceiling for media monitoring increased by 78% comparing to 2005;
Amendment 31 #
Amendment 31 #
2011/2217(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is nevertheless concerned that most recruitmentTakes note from the Agency that it proceeded to 47 recruitments in 2010, out of which 7 hasve been made in-house; takes also notes that this could be a source or a situation of favouritism or conflict of interests, for the last five years, the Agency hosted 12 guest scientists working at its premises; for transparency, calls on the Agency to publish the curriculum vitae – including at least the educational and work background – of the guest scientists in order to increase transparency;
Amendment 32 #
2011/2217(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 33 #
2011/2217(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 34 #
2011/2217(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 37 #
Amendment 38 #
2011/2217(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 38 #
2011/2217(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that, until very recently,April 2011 the Executive Director of the Agency was a Board Member of Earthwatch and a Mtrustee and a member of the International Advisory Board of Earthwatch and was reported to be a member of the European Advisory Board of Worldwatch Europe, two environmental NGOs, alongside to her activities in the Agency; in accordance with the Executive Director's statement, she stepped down from her positions in Earthwatch in April 2011 following an advice by a member of the Court of Auditors in the context of a possible conflict of interests;
Amendment 39 #
2011/2217(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 41 #
2011/2217(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 41 #
2011/2217(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is seriously concerned that in 2010, while the Executive Director was still directly involved in the Management ofwith Earthwatch, some29 staff members of the Agency, including the Executive Director, went for 5 -up to 10 days of research in different biodiversity projects in the Caribbean or Mediterranean managed by Earthwatch and that the Agency paid to the NGO about EUR 2 000 per participant; understands that this unacceptable situation was repeated in 2011 total of EUR 33 791,28, as stated by the Agency's Executive Director;
Amendment 42 #
2011/2217(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 43 #
2011/2217(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Was informed that 7 internal candidates and 40 external applicants were recruited in 2010; acknowledges the split amongst categories of internal candidates of 1 official, 5Takes note that the Agency hosted 12 guest scientists working at its premises without publishing for 11 of themporary agents and 1 contract agent and the split amongst externally recruited staff of 1 official, 13 temporary agents, 29 contract agents and 4 national experts; takes note that, for the last five years, the Agency hosted 12 guest scientists working at its premises; for the sake of their curriculum vitae – including at least the educational and work background; acknowledges the Management Board's statement that rules for the selection and conduct of visiting scientists will be strengthened in order to ensure greater clarity and transparency, calls on and that the Agency to complete publishing the curriculum vitae – including at least the educational and work background – of the guest scientists, in order to increase transparency's current policy on hosting guest scientist is under revision;
Amendment 44 #
Amendment 44 #
2011/2217(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 45 #
2011/2217(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 46 #
2011/2217(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 48 #
2011/2217(DEC)
Motion for a resolution
Subheading 6
Subheading 6
Contradictory information, Conflict of interest and Transparency
Amendment 49 #
2011/2217(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 52 #
2011/2217(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Commends the cooperation between the Agency and NGOs working in the environmental area, as it is the case with other specialised agencies, but recalls that even the mere appearance of conflict of interest is damaging the trust in the institutions and raises concerns of the tax payers;
Amendment 53 #
2011/2217(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that until April 2011, the Executive Director of the Agency was a trustee and a member of the International Advisory Board of Earthwatch; regrets the contradictory information sent by the Executive Director on her relationship with the Earthwatch and that the unclear relationships between the Agency and the NGO give rise to questions: - Earthwatch listed the Executive Director as a member of the International Board of Directors in its annual reports both in 2009 and 2010, - in the letter of 22 February 2012, the Executive Director mentioned her membership to the Advisory Board of Earthwatch from March 2010, - in another document distributed by the Agency in May 2012, it is reported that the Executive Director joined Earthwatch's International Board in June 2010 but took up an active role only in October 2010, - the Executive Director stated that Earthwatch invited her to join them as a trustee and as a member of the International Advisory Board in her letter of 3 March 2012;
Amendment 53 #
2011/2217(DEC)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 54 #
2011/2217(DEC)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Observes moreover from the Agency's letter of 24 May 2012 that the costs related to the Executive Director's participation at Earthwatch International Board meeting on 29 September-2 October 2010 were covered by the taxpayers;
Amendment 55 #
2011/2217(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is seriouslyRemains concerned that in 2010, while the Executive Director was directly involved with Earthwatch, 29 staff members of the Agency, including the Executive Director, went for up to 10 days of research on different biodiversity projects in the Caribbean or Mediterranean managed by Earthwatch during their working time and that the Agency paid a total of EUR 33 791,28, to the NGO as stated by the Agency's Executive Director;
Amendment 56 #
2011/2217(DEC)
Motion for a resolution
Paragraph 22 – introductory part
Paragraph 22 – introductory part
22. Is nevertheless concerned by the very large number of reports and papers or other related outputs prepared by the Agency; believes that this can be interpreted as a lack of substantial and innovative work from the Agency and that, as a consequence, the financial contribution of the Union to the Agency would be ill- used; callinvites therefore on the Agency to immediately inform in details the bBudget authority, in particular the Budget Control Authorityary Control Committee, of:
Amendment 58 #
2011/2217(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Acknowledges the decision of the Management Board to implement ex-ante controls on the membership of the Executive Director in external boards and on the Agency's training policy;
Amendment 58 #
2011/2217(DEC)
Motion for a resolution
Paragraph 22 – indent 4
Paragraph 22 – indent 4
Amendment 59 #
2011/2217(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 59 #
2011/2217(DEC)
Motion for a resolution
Paragraph 22 – indent 5
Paragraph 22 – indent 5
Amendment 61 #
2011/2217(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 64 #
2011/2217(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Reiterates that Worldwatch Institute Europe used the Agency's premises as its own without any rent to the Agency, thus using premises paid by the EU budget; regrets the contradictions in the Director's statements and the documents indicating different facts; - In the letter of 11 April 2012, the Director stated "when it came to the attention of the EEA that World Watch Institute Europe had published on their own website that a European office had been set up at the EEA premises immediate action was taken..."; - The founding act of World Watch Institute Europe proves that it was established on 5 November 2010 in the premises of the Agency; - Moreover the launch of World Watch Institute Europe took place at the Agency's premises on 25 February 2011 and the Director was a guest speaker as shown by World Watch Institute Europe's website;
Amendment 65 #
2011/2217(DEC)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Takes note that the Agency prepared an updated conflict policy and action plan in line with the European Ombudsman's recommendations; calls on the Agency to make the draft public and foster a debate on the policy and action plan prior their submission to the Management Board;
Amendment 66 #
2011/2217(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 67 #
2011/2217(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Agency, in an effort to promote greater transparency in terms of preventing and combating conflict of interests, to adopt immediately an action plan to publish on its website the declarations of interest and, when they are not available, the curriculum vitae – including at least the educational and work background – for the management staff, the members of the scientific committee, the experts and theNotes that the curriculum vitae of management staff, members of the scientific committee have been made available on the Agency's website; notes further that the declarations of interest of the members of the scientific committee have also been made available; underlines that contrary to the Agency's statement in letter of 15 June 2012 none of the curriculum vitae of the Management Board members is currently available on its website and observes that only a link to their organisation is provided; calls on the Agency, in an effort to promote greater transparency in terms of preventing and combating conflict of interests, to publish on its website the declarations of interest and curriculum vitae for the experts, future guest scientists and members of the Management Board by 30 June 2012; is of the opinion that such measures would allow the discharge authority and the public to observe their qualifications and to prevent potential conflict of interest;
Amendment 71 #
2011/2217(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Expects to receive information on ongoing administrative investigations related to the Agency;
Amendment 72 #
2011/2217(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 73 #
2011/2217(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 74 #
2011/2217(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 75 #
2011/2217(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 76 #
2011/2217(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 78 #
2011/2217(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Understands that the Agency is currently under a periodic external evaluation which should be delivered to the discharge authority in 2013; takes note of the Management Board's statement that the internal processes of the Agency will be included in the evaluation;
Amendment 80 #
2011/2217(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 81 #
2011/2217(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 82 #
Amendment 83 #
2011/2217(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 84 #
2011/2217(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 85 #
2011/2217(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 86 #
2011/2217(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 87 #
2011/2217(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 1 #
2011/2216(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre's budget for the financial year 2010;
Amendment 3 #
2011/2216(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010;
Amendment 1 #
2011/2215(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency's budget for the financial year 2010;
Amendment 3 #
2011/2215(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2010;
Amendment 5 #
2011/2215(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Ascertains from the Agency that the implementation rate of the Union contribution followed last year's trend and remained at 100 %; calls, nevertheless, on the Agency to provide the discharge authority with data showing its overall budget execution rate in terms of commitments and payments, and that the budget execution rate in terms of payments reached 61,65 % in 2010 compared to 60,64 % in 2009; notes with concern that under Title III (operational expenditure) the budget execution rate in terms of payments only reached 28,08 %; calls therefore on the Agency to make further efforts and take appropriate actions to ensure a greater level of budget execution in terms of payment,in particular under Title III;
Amendment 8 #
2011/2215(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Agency to improve its budgetary implementation planning in order to reduce its high level of carry- forwards – EUR 6 900 000; notes in particular from the Court of Auditors that the Agency committed 48 %, i.e. EUR 4 600 000, of its annual Title III (operational expenditure) in December 2010; is of the opinion that such concentration of spending in the final weeks of the year has a significant impact on the level of carryovers and indicates a clear need to improve the Agency's budgetary implementation planning; notes from the Agency that it has recently adopted a budget module which should enable it to plan annually its level of carryovers;
Amendment 9 #
2011/2215(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges from the General Report that the Agency adopted a Code of good administrative behaviour which , together with the Staff Regulations, aimeds to ensure ethical conduct, avoid conflicts of interest, prevent fraud and encourage reporting of irregularities; notes, moreover, that specific measures for awareness raising and avoiding conflicts of interest (declarations) are taken during recruitment procedures and procurement selection panels;
Amendment 10 #
2011/2215(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls onNotes from the Agency to inform the discharge authority on the recommendations (and their level of importance) made by the IAS in its audit on planning and monitoring of November/December 2010hat the IAS performed an audit on planning and monitoring in March 2011 and formulated 11 recommendations, 1 of which was rated as "very important", 7 as "important" and 3 as "desirable"; takes note of the Agency's statement that the IAS considered 10 of the 11 recommendations to be implemented and that the remaining "important" recommendation was considered still in progress;
Amendment 1 #
2011/2214(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation's budget for the financial year 2010;
Amendment 3 #
2011/2214(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2010;
Amendment 1 #
2011/2213(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre's budget for the financial year 2010;
Amendment 3 #
2011/2213(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ...Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2010;
Amendment 6 #
2011/2213(DEC)
Motion for a resolution
Recital D
Recital D
D. whereas the contribution of the Union to the budget of the Centre for 2010 was EUR 12 2656 920 000, which represents an increase of 4,9 % 2%compared to 2009,
Amendment 9 #
2011/2213(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the Centre receives annual contributions from two non-Member States who benefit from the Centre's work; notes that Norway and Iceland's contribution to the Centre's 2010 budget amounted to EUR 421 308; recalls that these funds are managed as assigned revenue, requiring them to be committed for specific projects; notes that in 2010 the target for using these funds was not met by the Centre; underlines that, for the financial year 2009, the Court of Auditors already commented on the Centre's shortcomings in using these funds; urges the Centre, therefore, to explain these shortcomings to the discharge authority and to take immediate action to ensuretakes note of the Centre's statement that the 2010 foreseen target was not reached due to the postponement of repairs of the Centre's buildings but that the target was met in 2011; notes also the Centre's commitment to exhaust the previous years' contributions of Norway and Iceland in 2012; calls on the Centre to keep the discharge authority informed on the use of these contributions;
Amendment 10 #
2011/2213(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes also from the Centre's 2010 Annual Accounts that in 2010 the automatic carryovers of appropriations represented EUR 574 493 and that a non-automatic carryover was made to the value of EUR 55 910; underlines that the addition of automatic and non-automatic carryovers does not correspond to the overall amount of appropriations carried forward to 2011; observes that the Centre's report on the 2010 Annual Accounts fails to explain this difference of EUR 164 297; urges the Centre and the Court of Auditors to provide the discharge authority with thorough explanations on this matter and to take appropriate measures to rectify the situationa non-automatic carryover was made to the value of EUR 55 910 relating to expenditure under Title 2;
Amendment 8 #
2011/2212(DEC)
Motion for a resolution
Citation 16
Citation 16
– having regard to its resolutions of 5 July 2011 on increasing the impact of EU development policy , and on the future of EU budget support to developing countries1, __________________ 1 Texts adopted, P7_TA(2011)0317.
Amendment 16 #
2011/2212(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reconfirms its position of supporting EDF budgetisation; strongly believes that this is an indispensable step towards strengthening the democratic control, the accountability, and the transparency of funding and towards providing more coherence in Union policy concerning ACP countries; underlines that budgetisation would reduce transaction costs and would simplify reporting and accounting requirements by having only one set of administrative rules and decision-making structures instead of two; expects the Commission to ensure that the budgetisation is not made on the expenses of a loss of predictability of ACP funding;
Amendment 40 #
2011/2212(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission to concentrate on the effectiveness of the programmes by checking results against indicators, to publish the conditionalities and performance indicators in Country Strategy Papers and to ensure that Delegations' reports provide a structured and formalised demonstration of public finance management progress by clearly setting the criteria against which progress is to be assessed, the progress made and the reasons why the reform programme may have not been implemented according to plan;
Amendment 44 #
2011/2212(DEC)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Recalling that public finance management is one of the criteria for choosing the beneficiaries of budget support, is concerned that only 28 countries1 out of the 102 benefiting of budget support2 have undergone the assessment of this criterion; furthermore, is concerned by the fact that not all these Commission's country assessment reports are available in one of the three main working languages of the Union; __________________ 1 According to the Commission’s official website http://ec.europa.eu/europeaid/what/econo mic-support/public- finance/pefa_assesments_en.htm. 2 Reply to written question 23, addressed to Commissioner Piebalgs in the framework of the 2010 EDF discharge, for the hearing on 12 January 2012.
Amendment 45 #
2011/2212(DEC)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Expects the Commission and the Member States to create a public register in which budget support agreements, procedures and development indicators are transparently listed1; __________________ 1 As requested in the resolution on the future of EU budget support to developing countries, Texts adopted P7_TA(2011)0317, paragraph 52.
Amendment 58 #
2011/2212(DEC)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Urges the Commission to ensure that EDF funding is coordinated with other instruments (Food Facility, Food Security Thematic Programme, European Instrument for Democracy and Human Rights, Non-State Actors/Local Authorities Thematic Programme, Instrument for Stability, Pilot Project Rural Micro-Finance); calls on the Commission to ensure better coherence and complementarity between humanitarian aid and development aid, both at a policy level and in practice; calls on the Commission, and to put greater emphasis on disaster risk reduction and disaster preparedness, ands well as to strengthen the resilience of the population at risk;
Amendment 62 #
2011/2212(DEC)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
Amendment 71 #
2011/2212(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Deplores the fact that the Investment Facility is not covered by the Court of Auditors' Statement of Assurance or the Parliament's discharge procedure even though the operations are conducted by the EIB on behalf of and at the risk of the Union, using EDF resources; finds this to be undesirable politically and for reasons oflacking the full accountability; stresses that these provisions reduce the scope of Parliament's powers of discharge, especially considering that EDF resources are derived from public funds contributed by European taxpayers;
Amendment 3 #
2011/2205(DEC)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
Amendment 10 #
2011/2205(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets however that despite repeated calls by the Committee on Budgetary Control, the special report on cost benchmarking of EU Agencies included in the Court of Auditors' working programme for 2011 has not been released and therefore the discharge authority lacked important data for the drafting of the 2010 discharge of the decentralised Agencies; moreover, takes note of the letter of 15 February 2012 of the President of the Court of Auditors by which comparative data on the Agencies' costs, financial management and operational efficiency are provided, and is negatively surprised by the letter's assertions that the respective data is of a non-public nature and should be used for the 2011 discharge, although it includes and examines data from 2008-2010;
Amendment 11 #
2011/2205(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that preventing and identifying conflicts of interest is of high relevance for the efficient and correct use of resources as well as for the public confidence in the Union institutions; expects therefore the Court of Auditors to complete and release the Special Report on conflicts of interest management in the European Aviation Safety Agency, the European Chemicals Agency, the European Food Safety Authority and the European Medicines Agency, as planned, by the end of June 2012;
Amendment 12 #
2011/2205(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Commends the good cooperation between the Court of Auditors and the Committee on Budgetary Control regarding the 2010 discharge for the Joint Undertakings; invites the Court of Auditors to provide the discharge authority with a special report on the effectiveness of the Joint Undertakings' establishment and on their added value for the efficient execution of Union research, technological development and demonstration programmes;
Amendment 13 #
2011/2205(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 23 #
2011/2202(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the fact that, starting with 2010, all Directorates General give details in an annex attached to their Annual Activity Reports, on the contracts awarded using the exceptional negotiated procedure, giving the reasons why this procedure was used, along with other information required in paragraph 50 of the resolution of 5 May 20101 on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section I - European Parliament; 1 OJ L 252, 25.9.2010, p. 3.
Amendment 25 #
2011/2202(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Acknowledges the reversed trend in 2010 (as compared to 2009 and previous years) in the number of exceptional negotiated procedures, as shown in the following breakdown:in respect of all contracts with a value greater than EUR 25 0001, as shown in the following breakdown: __________________ 1 Paragraphs 38 and 39, Report on contracts awarded by the European Parliament in 2010.
Amendment 27 #
2011/2202(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Directorates General which still have high figures, in particular DG INLO, to further reduce the number/proportion of such procedures; urges the administration to continue the strict scrutiny of these procedures, in particular with respect to possible conflicts of interest, and to apply intensified and dissuasive sanctions for any irregularity found;
Amendment 28 #
2011/2202(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the establishment by DG PRES of a procurement section within the Unit for Planning, Budgetary Management and Contracts as this will increase the transparency of the public procedures;
Amendment 133 #
2011/2202(DEC)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Notes, however, that after an increase of more than 10 % in the rate of compliance with the Code of Conduct of Multilingualism between 2008 and 2009 (its first year of implementation), the compliance rate has decreased between 2009 and 20101; calls on the committees, delegations and political groups to strictly observe the deadlines set in the Code of Conduct; __________________ 1 DG TRAD Annual Activity Report, page 8.
Amendment 155 #
2011/2202(DEC)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes with satisfaction the improvements in the IT sector from 2010 onwards resulting in: greater capacity to manage key aspects ‘in house’, the internalisation of ICT experts, the establishment of key corporate governance organs (Committee on ICT Innovation Strategy and Steering Committee for ICT Innovation), the setting-up of the IT planning function and of the reporting system on the status of IT development projects and the development of a transparent short-term planning methodology; welcomes the extensive use of performance indicators by this DG;
Amendment 53 #
2011/2201(DEC)
Motion for a resolution
Paragraph 17 – indent 5 a (new)
Paragraph 17 – indent 5 a (new)
- unclear eligibility conditions for working capital;
Amendment 54 #
2011/2201(DEC)
Motion for a resolution
Paragraph 17 – indent 5 b (new)
Paragraph 17 – indent 5 b (new)
- possibility for unjustified recourse to preferential private sector treatment;
Amendment 55 #
2011/2201(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
Amendment 92 #
2011/2201(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Is concerned, however, about the Court of Auditors' observations that the Commission has substantially increased the use of pre-financings between 2005 and 2010 (Annual Report, point 1.28) and that there is a lack of clearing of pre-financings (Annual Report, point 1.29 and point 86 of Opinion No 6/2010 of the Court of Auditors); believes the Commission should ensure that clearing of pre- financings is compulsory;
Amendment 105 #
2011/2201(DEC)
Motion for a resolution
New subheading after paragraph 50
New subheading after paragraph 50
Budgetary contribution to decentralised agencies and joint undertakings
Amendment 106 #
2011/2201(DEC)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50a. Notes that the Union contribution for the financial year 2010 amounted to over EUR 620 000 000 to the decentralised Agencies and to over EUR 500 000 000 for the Joint Undertakings; noting some difficulties to find information on the Union contribution for agencies, calls on the Commission to provide annually the discharge authority with consolidated information on the total annual funding per Agency/Joint Undertaking made from the general budget of the Union, such as: - the initial contribution of the Union entered in the budget for the Agency/Joint Undertaking ; - the amount of funds coming from the recovery of surplus; - the overall contribution of the Union for the Agency/Joint Undertaking; - the amount of the European Free Trade Association (EFTA)'s contribution where this applies;
Amendment 107 #
2011/2201(DEC)
Motion for a resolution
Paragraph 50 b (new)
Paragraph 50 b (new)
50b. Expects the Commission, in such time of financial crisis, to avoid increases in the Agencies' budgets and to even consider reducing the Union contribution to their budgets based on an assessment of its priorities;
Amendment 108 #
2011/2201(DEC)
Motion for a resolution
Paragraph 50 c (new)
Paragraph 50 c (new)
50c. Invites the Commission to draw up guidelines for templates that could be used by all Agencies/Joint Undertakings to establish their Annual Working Programmes and Annual Activity Reports, in order to ensure meaningful comparison of results against planned objectives;
Amendment 109 #
2011/2201(DEC)
Motion for a resolution
Paragraph 50 d (new)
Paragraph 50 d (new)
50d. Calls on the Commission to provide the Parliament with a detailed overview of the criteria and verification mechanisms applied to avoid conflict of interest and 'revolving door' cases for Agencies/Joint Undertakings;
Amendment 156 #
2011/2201(DEC)
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. Welcomes the clarification brought by the Commission1 regarding the distinction between 'significant deficiency' and 'serious deficiency'; takes note that the assessment which leads to such qualification is based on the guidance note COCOF 08/0019/01-EN, using the key requirements provided therewith; __________________ 1 Reply to question 21, document "Annexe questions to Commissioner Šemeta" made available by the Budgetary Control Secretariat on 16 December 2011, after the hearing of Commissioner Šemeta on 8 December 2011 in the Committee on Budgetary Control.
Amendment 174 #
2011/2201(DEC)
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Notes that the current system does not ensure a full transparency of the beneficiaries of European Regional Development Fund (ERDF)/Cohesion Fund (CF) support; in the current framework, the Commission provides a portal with access to lists of beneficiaries available on national websites, which are only in the respective national language and without following common criteria; expects the future regulation covering the structural instruments1 to ensure that Member States provide the data on the final beneficiaries of ERDF/CF funds to be published on the Commission's official website in one of the three working languages of the Union and based on a set of common criteria to allow comparison and detection of errors; __________________ 1 2011/0276 (COD).
Amendment 175 #
2011/2201(DEC)
Motion for a resolution
Paragraph 90 a (new)
Paragraph 90 a (new)
90a. Recalls that IACS must ensure that correct and traceable payments are made to farmers; notes however that the effectiveness of IACS is adversely affected by inaccurate data in the databases, incomplete cross checks or incorrect or incomplete follow up of anomalies (Court of Auditors Annual Report, point 3.29); calls on the Commission to ensure that all databases are up to date and all anomalies are properly followed up;
Amendment 176 #
2011/2201(DEC)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Reiterates its belief that transparency is one of the main instruments in achieving legal and regular expenditure; calls, therefore, on the Commission to submit as soon as possible a proposal for a new regulation requiring Member States to publish information on legal and natural persons receiving European agricultural funds, while taking into account the judgement of the Court of Justice in Joined Cases Volker and Markus Schecke GbR C- 92/09 and Hartmut Eifert C-93/09; takes the view that this information should be available on the Commission's official website in one of the three working languages of the Union and based on a set of common criteria to allow comparison and detection of errors;
Amendment 185 #
2011/2201(DEC)
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
Amendment 2 #
2011/2191(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Commission’s interim report on reforms in Croatia in the field of judiciary and fundamental rights dated 2 March 2011,
Amendment 13 #
2011/2191(INI)
Motion for a resolution
Recital D
Recital D
D. whereas lessons from past enlargements showit is essential in the accession process that each country should be judged on its own merits, that the pace of accession negotiations should be dictated by effective compliance with the Copenhagen criteria and that the degree of compliance with such criteria should also determine the final date of accession;
Amendment 15 #
2011/2191(INI)
Motion for a resolution
Recital E
Recital E
E. whereas continued reforms and full implementation of these reforms in the field of, inter alia, the judiciary and fundamental rights and the fight against corruption remain essential to the strengthening of the rule of law for the benefit of all Croatian citizens;
Amendment 30 #
2011/2191(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor further preparations for accession with rigour and objectivity and to help the Croatian authorities fulfil their commitments and obligations entered into in the negotiations; is of the view that the pre-accession monitoring mechanism is a way to provide Croatia with additional support in its continued reform efforts; calls on the Commission to ensure that the aid granted through the Instrument of Pre-Accession continues to be as appropriate and effective as possible;
Amendment 43 #
2011/2191(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages Croatia to continue to implement judiciary reforms because an efficient judicial system is an important element for economic development and strengthens citizens’ confidence in the rule of law; notes particularly that the Commission observed that Croatia has not yet established a convincing track record of recruiting and appointing judges and state prosecutors based on the application of uniform, transparent, objective and nationally applicable criteria; urges the authorities in charge to implement objective and merit-based criteria for the appointment and promotion of judges and prosecutors and to conduct robust disciplinary procedures in order to ensure the impartial and efficient functioning of the judicial system;
Amendment 48 #
2011/2191(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers it one of the highest priorities to combat corruption, particularly high- level corruption, corruption at every level of the judiciary, law-enforcement agencies and the public administration, as well as large-scale corruption, which must be pursued with determination at all levels, by rigorous enforcement of the law and successful prosecutions; notes that, in its 2011 interim report, the Commission underlined that transparency and integrity in public administration and in the police need to be further strengthened; calls on the Croatian authorities to further strengthen the administrative capacities of anti- corruption bodies and foster a culture of political accountability;
Amendment 56 #
2011/2191(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UrgWelcomes the adoption by the Croatian Ggovernment to continue actively to encourage and supportof a new strategy on impunity regarding war crimes; encourages Croatia to step up its efforts of prosecutions for of war crimes and to continue cooperatingimplement the new strategy on impunity which is the key for ensuring justice and achieving lasting reconciliation in the region; encourages furthermore the Croatian authorities to continue to actively cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY);
Amendment 69 #
2011/2191(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. ESupports Croatia’s efforts to promote a climate of tolerance in the country; encourages the Croatian authorities to continue their efforts to combat discrimination and to enforce the anti- discrimination legislation as well as to address resolutely cases of hate crimes, racial threats and intolerance against sexual minorities; further invites Croatia to continue to act in the spirit of tolerance and take appropriate measures to protect those who may still be subject to threats or acts of intimidation;
Amendment 95 #
2011/2191(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Invites Croatia to consistentlyWelcomes the adoption by the Croatian government in July 2011 of the declaration on the promotion of European values in South East Europe; invites Croatia to continue to advocate EU enlargement and the promotion of European values of peace, prosperity, freedom, the rule of law, democracy and the social market economy in the region; encourages Croatia to continue to maintain good-neighbourly relations, to remain an important and proactive promoter of regional cooperation on all levels and to maintain its commitment to translate reconciliation efforts into practical steps of economic benefit to all citizens of the region;
Amendment 110 #
2011/2191(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that Croatia’s accession to the European Union represents an opportunity to further contribute to the process of European integration, which seeks to promote peace and European values and to create an area of solidarity and prosperity by extending its advantages to all Member States and their inhabitants;
Amendment 15 #
2011/2157(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to the Written Declaration on the establishment of Euro- Mediterranean Erasmus and Leonardo da Vinci programmes adopted by the European Parliament on 27 September 2011,
Amendment 71 #
2011/2157(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that differentiation based on performance and achievements should be predicated on clearly defined criteria and assessable benchmarks; underlines, in this context, the importance of setting up appropriate follow-up mechanisms to assess the progress of ENP countries;
Amendment 192 #
2011/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the reference to Article 49 of the TEU and believes that all partner countries of the Eastern Partnership (EaP) have a legitimate right to strive for EU membership; recalls that enlargement has been EU’s most effective foreign policy tool for the encouragement of democratic and economic transition in its neighbourhood and believes that the conclusion of association agreements does not exclude this perspective but can, on the contrary, be an important step towards further European integration;
Amendment 235 #
2011/2157(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the importance of paying particular attention to the younger generation; given the role of education and university exchanges for building strong civil societies and mindful of the current lack of resources in this area for both the Southern and the Eastern dimensions of the ENP, stresses that the EU should increase cooperation in the field of education, immediately broadening and increasing scholarship programmes and mobility of students by promoting university and high-school exchanges and public-private partnerships in the field of research; stresses the strong need for a structured information policy towards the citizens of the ENP partners concerning the possibility of participation in EU programmes;
Amendment 254 #
2011/2157(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that the EU should advance its work on visa facilitation and readmission agreements, with a view to moving – once all conditions are met – to a visa-free regime that should encourage people-to people contacts; underlines that the provisions on asylum must be fully in line with international obligations and commitments and EU standards, especially in the human rights field;
Amendment 1 #
2011/2154(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to its 2011 Resolution on the EU's efforts to combat corruption 1, its Written Declaration 2/2010 on the Union's efforts in combating corruption 2, and the 2011 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee "Fighting corruption in the EU" 3; __________________ 1 European Parliament, Resolution of 15 September 2011 on the EU's efforts to combat corruption, P7_TA- PROV(2011)0388 2 European Parliament, Written Declaration 2/2010 on the Union's efforts in combating corruption, P7_DCL(2010)0002 3 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee "Fighting corruption in the EU", COM(2011) 308 final, 6 June 2011
Amendment 14 #
2011/2154(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that in 2010 the financial impact of irregularities in the area of expenditure rose and amounted to EUR 1.8 billion. (or 1.27 % of allocations), as compared to EUR 1.4 billion (or 1.13 %) in 2009; the financial impact in the area of revenue is also higher: EUR 393 million (or 1.88 % of total collected traditional own resources, gross) as compared to EUR 357 million (or 1.84 %) in 2009.; underlines that out of 15076 irregularities reported in 2010, which represent an estimated financial of irregularities of EUR 2 200 million, including an estimated financial of suspected fraud of EUR 617 million, only EUR 1 005 million have been recovered;
Amendment 15 #
2011/2154(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note that for 2010 the number of irregularities reported has increased for all sectors but the pre-accession funds and the Traditional Own Resources and that the increase is related to the closure of the 2000-2006 implementing period of the Cohesion Funds and to the improvements made to the Irregularities Management System (IMS);
Amendment 16 #
2011/2154(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out thatDeplores the fact that large amounts of EU funds are still wrongly spent and calls on the Commission musto take decisive action in order to recover more erroneous payments, to hold Member States more accountable for the amount in irregularities that have yet to be recovered, to improve the prevention and detection of irregularities and cases of fraud, and immediately to suspend payments and apply effective sanctions in cases of misuse of EU funds;
Amendment 18 #
2011/2154(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is further concerned that some Member States are not yet using the electronic reporting system fully; calls on these Member States to remedy the situation as a matter of urgency;
Amendment 20 #
2011/2154(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds that Union legislation requires Member States to report all irregularities no later than two months after the end of the quarter in which an irregularity has been subject to a primary administrative or judicial finding and/or new information about a reported irregularity becomes known; calls on the Member States to make all the necessary efforts, including the streamlining of national administrative procedures, to meet the required deadlines and reduce the time gap between the moment a irregularity is identified and that when it is reported; calls on the Member States to act primarily as a protector of taxpayers' money in their efforts to combat fraud;
Amendment 34 #
2011/2154(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is concerned that, in 2010, Italy and EU-12 Member States have qualified more than 90% of the reported cases of irregularities as "suspected fraud"; calls on the Member States to take all necessary measures, including close cooperation with European institutions, to address all causes leading to fraud relating to EU funds;
Amendment 35 #
2011/2154(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned that certain Member States, whose spending for the financial year 2010 was also high (by the suspiciously low fraud rates reported by France, Germany, Spain and United Kingdom), reported a very low number of suspected fraud cases, and this raises reasonable doubts as to whether reporting principles are being respectedespecially considering their size and financial support received, as described by the Commission's Report on the Protection of the Union's financial interests; is of the opinion that this raises reasonable doubts as to whether reporting principles are being respected; urges the Commission to include detailed information on the applied reported methodology and the fraud detection capability in these Member States; once again calls on the Commission to monitor closely the effectiveness of supervisory and control systems in the Member States and to ensure that information about the level of irregularities in the Member States reflects the true situation; calls on the Commission to provide information in the Protection of the EU's Financial Interests Report about actions taken in this area in 2011;
Amendment 38 #
2011/2154(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Public Procurement, increased transparency and the fight against corruption
Amendment 39 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission, the relevant Union agencies and the Member States to take measures and provide resources to ensure that EU funds are not subject to corruption, to adopt dissuasive sanctions where corruption and fraud are found, to step up the confiscation of criminal assets involved in fraud, tax evasion and money-laundering related crimes;
Amendment 40 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Underlines that the 2011 Communication from the Commission "Fighting corruption in the EU" estimates that EUR 120 billion per year is lost to corruption in the EU, inflicting financial damages, reducing public finances and undermining the trust in democratic institutions; emphasises moreover that the 2011 Resolution of the Parliament on the EU's efforts to combat corruption states that corruption leads to the misuse of public money in general and of EU funds provided by the tax payer and distort the market and calls – along with its Written Declaration 2/2010 – on the Commission and the relevant Union bodies to ensure that the EU funds are not subject to corruption;
Amendment 41 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Welcomes the European Parliament's decision setting up a special committee on organised crime, corruption and money laundering;
Amendment 42 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 d (new)
Paragraph 28 d (new)
28d. Welcomes that Malta ratified the Convention on the protection of the EU financial interests on 20 January 2011; regrets that the Convention has not yet been ratified by the Czech Republic and invites the Member State to remedy the situation as soon as possible; invites also Estonia to ratify the Protocol of 29 November 1996 on the interpretation by way of preliminary rulings by the Court of Justice of the European Communities;
Amendment 43 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 e (new)
Paragraph 28 e (new)
28e. Reminds that the Hercule II programme is the financial instrument managed by the Commission (OLAF) in the field of the protection of the EU financial interests and the prevention of related criminal activities, including cigarette smuggling; notes that the mid- term evaluation of the Hercule II programme confirmed its added-value; is of the opinion that the successor of this instrument, i.e. the Hercule III programme, should continue to improve technical equipment in the Member States, finance access to databases essential for investigations by Member State authorities and OLAF, and combat cigarette smuggling and counterfeiting in line with the legally binding agreements with tobacco manufacturers;
Amendment 44 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 f (new)
Paragraph 28 f (new)
28f. Reiterates its call on the Commission and Member States to design, implement and periodically evaluate uniform systems of procurement to prevent fraud and corruption, to define and implement clear conditions for participation in public procurement, and criteria on which public procurement decisions are made, and also to adopt and implement systems to review public procurement decisions at the national level, to ensure transparency and accountability in public finances, and to adopt and implement risk management and internal control systems;
Amendment 45 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 g (new)
Paragraph 28 g (new)
28g. Welcomes the launch in January 2011 of the Commission's Green Paper on the modernisation of EU public procurement policy Towards a more efficient European Procurement Market; notes that the evaluation report on this consultation has been adopted at the end of June 2011 and that in December 2011 the Commission adopted its proposals to reform the basic EU public procurement rules (Directives 2004/17/EC and 2004/18/EC);
Amendment 46 #
2011/2154(INI)
Motion for a resolution
Paragraph 28 h (new)
Paragraph 28 h (new)
28h. Recalls that last year the Parliament urged the Commission to take action to ensure one-stop transparency of the beneficiaries of EU-funds; regrets that this measure has not been implemented; reiterates therefore its call to the Commission to design measures to increase the transparency of legal arrangements and a system where all beneficiaries of EU funds are published on the same website, independently of the administrator of the funds and based on standard categories of information to be provided by all Member States in at least one working language of the Union; calls on the Member States to cooperate with and provide to the Commission full and reliable information regarding the beneficiaries of the EU funds managed by Member States; invites the Commission to evaluate the system of 'shared management' and provide Parliament with a report as a matter of priority;
Amendment 64 #
2011/2109(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its full support for the ICC, the Rome Statute system and their primary objective of fighting, and the international criminal justice system whose primary objective is the fight against impunity for genocide, war crimes, and crimes against humanity;
Amendment 121 #
2011/2109(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers support forclose cooperation with the ICC on the part of African states to be an indispensible factor in facilitating the Court's work and in determining its effectiveness;
Amendment 124 #
2011/2109(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the African States Parties to the Rome Statute of the ICC to ensure an increase, rather than a decrease, in African Union (AU)fulfil their obligations under the ICC Rome Statute and, in conformity with the African Union Constitutive Act, to actively support for the task of holding the world's worst offenders to account;
Amendment 145 #
2011/2109(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises the role of the EU in promoting the universalityworldwide ratification of the Rome Statute and of the Agreement on Privileges and Immunities of the Court (APIC) and welcomes the recent accessions to/ratifications of the Rome Statute by Tunisia, Granada, Moldova, St Lucia and the Seychelles, which brought the total number of States Parties to 116;
Amendment 216 #
2011/2109(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on EU Member States to actively support, including through financial means, civil society efforts to enforce victims' rights as well as the innovations introduced by the Rome Statute with respect to victims' participation in criminal proceedings;
Amendment 1 #
2011/2048(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, in the context of spending of EU funds, correct application of procurement rules in the Member States is of primary importance for the protection of EU taxpayers' interest; recalls that public expenditure on works, goods and services accounts for roughly 19% of EU GDP (2009) and almost a fifth of this expenditure falls within the scope of the EU Directives on public procurement (approx. EUR 420 billion or 3.6% of EU GDP), as stated in the 2011 Communication from the Commission on Fighting corruption in the EU1; recalls that, according to the European Court of Auditors12 the non-respect of public procurement rules alone accounts for 43 % of all quantifiable errors and makes up for approximately three quarters of the estimated error rate in cohesion spending; __________________ 2 Communication from the Commission to the European Parliament, the Council, the European Social and Economic Committee, "Fighting Corruption in the EU" (COM(2011) 308)
Amendment 4 #
2011/2048(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to propose adequate rules to prevent corruption and favouritism without delay; calls on the Commission to introduce a common definitions of "conflict of interest" and "grave professional misconduct" in public procurement and to take all necessary measures in order to preclude corruption by bid rigging;
Amendment 8 #
2011/2048(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. With a view of fighting corruption in public procurement, calls on the Commission to promote more efficient reporting practices, including exchanges of information between Member States on the exclusion of unsound bidders; invites the Commission to provide for clear rules on protection of whistleblowers, following the recommendations in Resolution 1729(2010) of the Parliamentary Assembly of the Council of Europe2 , to enhance transparency of the contracts funded with EU money and to promote educational actions both at institutional and general public level;
Amendment 11 #
2011/2048(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of education for the contracting authorities in the area of applicable public procurement rules as an important tool in avoiding errors; suggests to set up a central helpdesk service in each Member State; calls on the Commission to introduce clarifications into the regulatory framework on public procurement, particularly regarding the contract execution phase (e.g. on "substantial modification" of a contract in force, on changes concerning the contractor and on the termination of contracts);
Amendment 3 #
2011/2033(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the enforcement of the rule of law, notably through judicial reform, and the fight against corruption and organised crime in the countries of Western Balkans and Turkey are considered by the Commission as top priorities, and whereas starting from 2012 the "New Approach" has been applied under the enlargement policy tackling justice reforms and home affairs early in the accession process through the establishment of a new negotiation methodology for enlargement countries starting accession negotiations, including clear priorities and conditionalities, thus aiming at a better prioritisation of financial assistance under IPA II,
Amendment 5 #
2011/2033(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the European Union delivers financial assistance to candidate and potential candidate countries through the Instrument for Pre-Accession Assistance (IPA) which replaced the programmes TPA, PHARE and CARDS as of 2007, and whereas, with exception of Iceland, all candidate and potential candidate countries benefit from EU pre-accession funds in the framework of the reform of their judicial system and the fight against corruption,
Amendment 7 #
2011/2033(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the new pre-accession instrument IPA II should be more strategic, efficient and better targeted than its predecessors in order to achieve more sustainable results in improving the readiness of these countries for membership, and where possible favouring the sector approach in order to support comprehensive reform strategies of the beneficiary countries,
Amendment 9 #
2011/2033(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas since 2007 regional projects supporting cooperation between beneficiaries in different countries and horizontal projects addressing the shared needs of several beneficiaries are eligible for funding under IPA Multi-beneficiary Programmes,
Amendment 10 #
2011/2033(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges that the Commission initiated a recovery procedure in February 2012 regarding two completed projects developed in Turkey, i.e. Construction of three Courts of Appeal Houses in Ankara, Erzurum and Diyarbakır1 and Support to the establishment of Courts of Appeal in Turkey2; takes note that EUR 21 767 205.29 was recovered in April 2012 and that the amount corresponds to the payments made by the Commission for both projects; notes that the Commission's decision for a full recovery was challenged both by the EU Delegation in Turkey and external evaluators; calls on the Commission to provide by December 2013 detailed information regarding this issue and explain the choice of a full recovery; __________________ 1 Project TR0501.07, EU contribution: EUR 22 500 000, Payments on 31/12/2012: EUR 20 559 457.71 2 Project TR0401.02, EU contribution: EUR 1 400 000, Payments on 31/12/2012: EUR 1 207 747.58
Amendment 14 #
2011/2033(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges that IPA 2007 project "Support to the capacities in the Ministries of Justice in Bosnia and Herzegovina for Strategies Planning, Aid Coordination and EU Integration" had its contract suspended; calls on the Commission to provide detailed information regarding the suspension of the contract and the state-of-play of the project by December 2013;
Amendment 17 #
2011/2033(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the Commission's new approach to addressing justice reforms and home affairs issues early in the accession process; observes, however, that on average only 2.87 3.13% of the total EU pre- accession assistance envelope for the period 2007-2013 is devoted to the justice and only 0.52 % to the fight against corruption;
Amendment 22 #
2011/2033(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the level of co-financing by domestic authorities differs widely from a country to another with Croatia and Turkey co-financing most of their projects and Serbia having all its projects fully covered by the EU pre-accession assistance; is of the opinion that co- financed projects, especially in the areas of the judiciary and the fight against corruption, brings a higher degree of ownership from the beneficiaries; calls therefore on the Commission to increase, under IPA II, the number of project co- financed by domestic authorities;
Amendment 26 #
2011/2033(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that the Commission does not have a tool to provide an execution rate in an automated manner for the EU pre- accession projects and emphasises that knowledge on execution rate is crucial in order to monitor the efficient implementation of projects and, therefore, in order to point out potential bottlenecks at an early stage; calls on the Commission to centralise data on a regular6 months basis on the execution rate of the projects for which EU pre-accession assistance is allocated;
Amendment 27 #
2011/2033(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that cooperation on the reform of the judicial systems and the fight against corruption also takes place at the political level with country-specific structured dialogues on the rule of law and judiciary set up with candidate and candidate countries;
Amendment 28 #
2011/2033(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Underlines that the effectiveness of pre-accession projects implemented in the areas of the judiciary and the fight against corruption depends primarily on the authorities' political will to adopt and fully implement the reforms; deplores that in most candidate and potential candidate countries there is not strong political support for putting in place effective reforms regarding the fight against corruption and organised crime or fully independent judiciary; reminds that candidate and potential candidate countries receive EU pre-accession assistance in order to bring their legal systems, both the legislative framework and practice, in line with the European standards; (To be placed under the subheading "General remarks" but before the sub- subheading "Judicial reform")
Amendment 29 #
2011/2033(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Welcomes those changes that place the legal and institutional framework more in line with the EU acquis, as well as the modernisation of the institutional setup of the judiciary; acknowledges for instance the positive impact brought by the introduction of the Case Management System (CMS) on the impartiality and efficiency of courts though its operationality and effectiveness are sometimes hindered by overambitious objectives such as in Kosovo; (To be placed after the sub- subheading "Judicial reform")
Amendment 31 #
2011/2033(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recallminding that the rule of law is the cornerstone of a democratic governance, stressesregime and a pre-condition for a functioning market economy and stresses the need to see judicial reforms in a wider context, insists on the fact that the justice system needs toshould be more predictable, efficient and fair in order to ensure thate trust of the people and of the business community trustin the judiciary; stresses in this contexrespect the need to establish the random distribution of cases acrossin all courts, to ensure a timely justice and congoingtinuous training of judges, prosecutors and clerks, and to ensure the unification of jurisprudence and the publication of all judicial decisions immediately after adoption, as well as e- justice;
Amendment 32 #
2011/2033(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalling that the rule of law is the cornerstone of democratic governance, stresses that the justice system needs to be morefully reliable, independent and predictable in order to ensure that the people and the business community trust the judiciary system ; stresses in this context the need to establish randomcoherent distribution of cases across allthe courts, and to ensure timely justice and ongoing, points out that adequate training of judges, prosecutors and clerks, and is essential, to ensure the unification and easy access of and tof jurisprudence and the publication of all judicial decisions immediately after adoption, as well as the wise use of e- justice;
Amendment 33 #
2011/2033(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the fact that the impact and sustainability of the EU financial assistance is largely held back by a lack of predictable justice system and predictable and sufficient domestic funding;
Amendment 34 #
2011/2033(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that the "New Approach" intends to focus on these issues in the context of the accession negotiations;
Amendment 35 #
2011/2033(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that corruption is a major challenge for the majority of candidate and potential candidate countries; is concerned that in several countries of the Western Balkans, Progress Reports note the linkages which were established between criminals, organised crime networks and political elites during the conflicts in the region and which have been carried over into today's societies; is deeply worried by the phenomenon of "state capture" which is present in some of those countries; (To be placed after the sub- subheading "Fight against corruption")
Amendment 36 #
2011/2033(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that genuine implementation and concrete results, in particular in the cases of high-level political corruption and corruption in the judiciary, are still a big challenge and that a convincing track record of cases of prosecution and conviction cases should be built up in order to measure the progress; stresses the need for a better planning and funding of anti- corruption work, based on a broad range of stakeholders; calls on the Commission to developfor a longer-term and broad-based strategic perspective of EU funding for cCivil sSociety oOrganisations which are working in the areas of transparency and anti-corruption areas; notes that the "New Approach" intends to focus on these issues in the context of the accession negotiations;
Amendment 40 #
2011/2033(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is concerned that EU pre-accession assistance is not always used in a consistent manner due to the lack of a regional approach and strategy; underlines for instance that whereas in Croatia EU pre-accession assistance funded an anti-corruption Agency with investigative powers, it funded in Kosovo an anti-corruption Agency without such powers thus raising doubts on its efficiency; calls therefore on the Commission to establish a clear regional strategy in order to avoid funding contradictory models in candidate and potential candidate countries;
Amendment 41 #
2011/2033(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that pre-accession projects last on averagehave a time span of between one and 3.5 years; acknowledges, based on the external thematic evaluations, that such deadlines are challenging, if not overambitious, given the wide scope of somemost projects and their numerous often complicated components; given the complexity of reforms in the areas of justice and the fight against corruption, and the time consumed solely in pre programming activities, recommends that the Commission define priorities takes adequate measures within the framework of IPA II programming and projects that could benefit fromwhich would lead to a longer timescale (five to seven years), incorporating predetermined and periodical reviewing exercises which would allow for more flexible adjustments, including at the financial lenvel;ope
Amendment 43 #
2011/2033(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is further concerned that the complexity of pre-accession assistance rules and their rigidity whenever new activities need to be included in a project eventually create the counterproductive incentive to repeat an activity or to accept an unsatisfactory project design; is nevertheless of the opinion that the right balance between flexibility serving projects efficiency and the need to avoid irregularities and ensure best-value-for- money is still to be found and calls on the Commission to act in this respect under IPA II;
Amendment 44 #
2011/2033(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is of the opinion that pilot activities should always be carried out in cases of broad projects prior to their full deployment in order to identify and mitigate potential shortcomings, limit avoidable delays and difficulties and measure the achievable results;
Amendment 45 #
2011/2033(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. NotesCalls on the Commission to ensure that a sectoral approach in the areas of judiciary reform and the fight against corruption would entail positive changes, such as enhancing donor coordination and ensuring better interaction between individual projects; calls, nevertheless, on the Commission to reassess itses are introduced in accordance with the Guidelines on Sector- Approach in Pre-Accession assistance and that the capacities of the beneficiary countries to draw up and implement meaningful sector strategies are enhanced; calls on the Commission to continue to provide guidance on the implementation of the sectoral -approach, given that in most candidate and potential candidate countries neither institutional set-up nor budgeting processes are at a level that will allow this approach to work and that a clear overall strategy and guidance at EU level are still lacking; during the planning and programming stages of IPA II, considers, that in most beneficiary countries neither institutional set-up nor budgeting processes are at a level suitable for sector budget support and calls on the Commission to promote the necessary institutional and procedural improvements in these countries;
Amendment 49 #
2011/2033(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 51 #
2011/2033(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Takes note that pre-accession projects are based on project fiches which present their overall and specific objectives, the foreseen activities to be implemented, their timeframe, costs and means of implementation and the indicators against which to measure the success of the projects;
Amendment 52 #
2011/2033(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points out that Article 30 of the Financial rules applicable to the annual budget of the Union (Regulation No 966/2012 – Financial Regulation) requires SMART objectives to be established for all policy measures covered by the EU budget and be set out in the annual activity reports as part of the activity based budgeting and management processes;
Amendment 54 #
2011/2033(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Observes that project fiches have improved over time with the inclusion of more and better-designed SMART objectives, as well as specific indicators for the different components of a project; is, however, concerned that external evaluation has reported that some projects lacked focus because ofdue to inappropriate indicators, with SMART indicators not always suited to the justice sector; insists on the need for designing qualitative indicators capable of measuring the long- term impact of the projects; calls on the Commission to continue elaborating on guidance on the utilisation of performance indicators to be used for programming, monitoring and evaluation purposes for the 2014-20 financial framework in relation to IPA II; is of the opinion that specific indicators in the sector of Justice, Liberty and Security should be developed and used in line with the more strategic approach under IPA II;
Amendment 57 #
2011/2033(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that alongside support forto legislative reforms, infrastructure rehabilitation, construction, expansion andor upgrading and procurement of equipment and supplies, training is a core component of the EU pre-accession assistance; is of the opinion that high- quality training is a vital aspect for the sustainability of projects, butof judicial reforms and for projects' sustainability; underlines that over 30% of TAIEX activities are devoted to the areas of Justice, Freedom and Security; questions however the relevance of the objective indicators defined in the project fiches, which are used necessary to measure the added -value of training activities; points out that indicators such as ‘quality and quantity of training activities carried out by trainers’8 or ‘trained judicial advisors satisfied with the training’9 mainly focus on output and overlook outcomes; points out, for instance, that the fact that participants state in a questionnaire that training will influence their work is not in itself an impact indicator; calls, therefore, on the Commission to further fine-tune its training-related indicators and to organise a thorough impact assessment of the training activities implemented in the candidate and potential candidate countries;
Amendment 59 #
2011/2033(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Observes that support to legislative reforms is among the most common pre- accession projects; notes that institutional frameworks are now in line with the European standards but is concerned that the sustainability of those changes in laws and frameworks in candidate and potential candidates countries is at risk due to the lack of an overall strategy as noted by external evaluators; notes in particular that bylaws and complementary regulations are often missing, changes in roles and responsibilities are not made clear, and staff are not properly trained and thus cannot apply the new laws as intended; insists that support to the judiciary reform and the fight against corruption must be long-term and comprehensive with evaluation criteria covering the whole process from the production of new frameworks, laws, bylaws and regulations to the actual prosecution in high-level cases;
Amendment 60 #
2011/2033(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Notes that the performance and sustainability of multi-beneficiary programmes have not yet been evaluated; calls on the European Court of Auditors to include these projects in the scope of a future Special Report on the pre- accession assistance in candidate and potential candidate countries;
Amendment 61 #
2011/2033(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Acknowledges that the Commission assesses the impact and sustainability of pre-accession programmes through Results Oriented Monitoring (ROM) reports but regrets that those reports are not made publicly available; is of the opinion that the Commission's Progress Reports (PR) should reflect on ROM reports' findings and provide an assessment of the programmes and their impact implemented; urges therefore the Commission to introduce a chapter on including ROM conclusions in each PR; (To be placed after the sub- subheading "Monitoring and evaluation")
Amendment 63 #
2011/2033(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned that ROM reports are considered to be structurally biased in favour of positive ratings and that they are inappropriate for longer-term performance monitoring; stresses that monitoring should track sector performance and not just project results; urges the Commission to develop a comprehensive monitoring action plan including evaluation tools other than ROM reports, such as sector performance assessment frameworks with SMART indicators, in order to make comprehensive monitoring of project outcomes possible over time; would like to be informed on progress made before the end of 2014;
Amendment 64 #
2011/2033(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Reminds the Parliament's call on the Commission to assess the impact and results achieved through the allocation of EU funds in the reform of the judiciary and the fight against corruption in candidate and potential candidate countries1; welcomes the publication by the Commission in 2012/2013 of an evaluation on Judiciary and Fundamental Rights in Turkey and an evaluation of Rule of Law, Judiciary Reform and Fight against Corruption and Organised Crime in the Western Balkans; regrets nevertheless that the evaluation on Turkey did not include a review of the projects related to the fight against corruption; __________________ 1 P7_TA(2011)0059, P7_TA(2011)0151, P7_TA(2011)0091
Amendment 65 #
2011/2033(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Is aware that the European Court of Auditors is currently preparing a Special Report on EU pre-accession assistance in Serbia; strongly recommends to include projects implemented in the areas of the judiciary reform and the fight against corruption under the scope of the performance audit;
Amendment 68 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes the Commission's commitment to address these issues by 2015 through the publication of information on IPA assistance in line with the International Aid Transparency Initiative which established common standard for electronic publication of timely, comprehensive and forward-looking information on resources provided through development cooperation; emphasises that such initiative will only prove fruitful if information is regularly updated; enjoins therefore the Commission to update the database monthly as planned;
Amendment 69 #
2011/2033(INI)
Motion for a resolution
Subheading 9 a (new)
Subheading 9 a (new)
Country-related remarks (To be placed right after paragraph 20a(new))
Amendment 70 #
2011/2033(INI)
Motion for a resolution
Subheading 9 b (new)
Subheading 9 b (new)
Albania (Sub- subheading to be placed right after subheading "Country-related remarks")
Amendment 71 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Welcomes the improvements that the EU support has brought both in the legal and institutional framework and the infrastructure of the judiciary in Albania; is concerned, however about the insufficient reporting of results on the actual use, implementation and concrete impact of all these transformations; (To be placed after the sub- subheading "Albania")
Amendment 72 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Recognises the results in terms of adoption of strategic documents in the field of anti-corruption, is seriously concerned, however, about the low effectiveness of measures undertaken in the area; stresses that in 2012 Albania ranked as Europe's most corrupt country; calls on the Commission and the Albanian authorities to urgently reassess the implementation of anti-corruption strategy and action plans in this country;
Amendment 73 #
2011/2033(INI)
Motion for a resolution
Subheading 9 c (new)
Subheading 9 c (new)
Bosnia and Herzegovina (Sub- subheading to be placed after paragraph 20c(new))
Amendment 74 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Deplores the lack of application of some of the enhanced capacities of the judiciary in Bosnia and Herzegovina; is concerned that, in its 2009 audit, the Court of Auditors noted the lack of funding for operations and maintenance of the acquired infrastructure entailing a risk that improvements will lack sustainability; (To be placed after the sub- subheading "Bosnia and Herzegovina")
Amendment 75 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Is seriously concerned about the limited performance of the anti- corruption agency in Bosnia and Herzegovina and the lack of reporting on the specific results of the EU funding in the area of fight against corruption;
Amendment 76 #
2011/2033(INI)
Motion for a resolution
Subheading 9 d (new)
Subheading 9 d (new)
Croatia (Sub- subheading to be placed after paragraph 20e(new))
Amendment 77 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20f. Notes the progress achieved by Croatia in some areas of judicial reform and their implementation while their sustainability was ensured through follow-up projects; (To be placed after the sub- subheading "Croatia")
Amendment 78 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 g (new)
Paragraph 20 g (new)
20g. Notes some positive developments in the field of fight against corruption presented in the annual Progress Reports for Croatia; is however concerned by risk that the measures adopted prior to the country's accession in the European Union are not irreversible and sustainable; underlines for instance that it is unclear which institution is in the leading position to oversee all the anti- corruption reforms, that the Commission on Conflict of Interest only saw its members appointed in early February 2013 casting doubts on its actual operability and results, and that politically-motivated nominations in ministries and supervisory board of companies are still ongoing and are in fact increasing;
Amendment 79 #
2011/2033(INI)
Motion for a resolution
Subheading 9 e (new)
Subheading 9 e (new)
Kosovo (Sub- subheading to be placed after paragraph 20g(new))
Amendment 80 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 h (new)
Paragraph 20 h (new)
20h. Notes that due to the lack of control by the Pristina-based Kosovo authorities over the northern part of the territory, IPA projects such as the 'Legal Education System Reform' project which intended to cover all of Kosovo have generally had a negligible impact in the north; (To be placed after the sub- subheading "Kosovo")
Amendment 81 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 i (new)
Paragraph 20 i (new)
20i. Is seriously concerned that the EU assistance in Kosovo in the filed of rule of law has been found by the Court of Auditors as not sufficiently effective; recognises that specific circumstances in Kosovo: the low starting point for building up the rule of law and the insufficient priority accorded to this area by the Kosovo authorities, explain to a certain extent the limited effectiveness of the EU intervention; stresses, nevertheless, the existence of areas where improvement should be expected from the Commission and the EEAS: - Better definition of capacity building objectives and their link to concrete benchmarks against which progress could be assessed, - Better coordination of external and internal objectives, - Better coordination between EU institutions and their coordination with the Kosovo authorities and the international community, ensuring that EULEX operates with the full authorised number of staff and that they are deployed for the necessary time period and have the appropriate skills to be effective, and - Ensure that policy dialogues with Kosovo authorities focus particularly on strengthening the rule of law and are linked to incentives and priority conditions;
Amendment 82 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 j (new)
Paragraph 20 j (new)
20j. Is particularly concerned by the lack of tangible progress in the field of fight against corruption in Kosovo; considers the corruption is a major challenge and a serious obstacle in the functioning of the public institutions;
Amendment 83 #
2011/2033(INI)
Motion for a resolution
Subheading 9 f (new)
Subheading 9 f (new)
Macedonia (Sub- subheading to be placed after paragraph 20j(new))
Amendment 84 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 k (new)
Paragraph 20 k (new)
20k. Welcomes the progress achieved in the legislative framework in judiciary reform and the positive changes in terms of efficiency and impartiality brought by the installation of the Automated Court Case Management Information System; recognizes Macedonia's active approach in reforming its Judiciary and its front- runner position in the area; (To be placed after the sub- subheading "Macedonia")
Amendment 85 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 l (new)
Paragraph 20 l (new)
20l. Is concerned that no reporting on the effectiveness of IPA projects on anti- corruption in Macedonia is available;
Amendment 86 #
2011/2033(INI)
Motion for a resolution
Subheading 9 g (new)
Subheading 9 g (new)
Montenegro (Sub- subheading to be placed after paragraph 20l(new))
Amendment 87 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 m (new)
Paragraph 20 m (new)
20m. Welcomes the improvement of regional cooperation in the areas of the police and judicial cooperation, strengthening the legal framework required to ensure the independence of the judiciary and the enhancement of the efficiency of the judiciary in Montenegro; is concerned about weak donor coordination and low sustainability ratings of projects; (To be placed after the sub- subheading "Montenegro")
Amendment 88 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 n (new)
Paragraph 20 n (new)
20n. Notes that corruption is a serious concern in Montenegro; recognises the efforts undertaken by this state in fight against corruption and welcomes, in particular, the strengthening of Directorate for Anti-Corruption Initiative brought about by the EU funding;
Amendment 89 #
2011/2033(INI)
Motion for a resolution
Subheading 9 h (new)
Subheading 9 h (new)
Serbia (Sub- subheading to be placed after paragraph 20n(new))
Amendment 90 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 o (new)
Paragraph 20 o (new)
20o. Is worried that independence of the judiciary remains a serious concern in Serbia especially because of the undue political influence; regrets further that the new legislation is neither consistently nor properly enforced thus putting at risk its efficiency; (To be placed after the sub- subheading "Serbia")
Amendment 91 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 p (new)
Paragraph 20 p (new)
20p. Welcomes the positive evaluation of the project "Support to the establishment of the Anti-Corruption Agency" and notably the fact that the project should have a significant impact on all the targets groups and the society in general; insists however on the need for a constant monitoring in order to ensure that political developments do not hinder the project;
Amendment 92 #
2011/2033(INI)
Motion for a resolution
Subheading 9 i (new)
Subheading 9 i (new)
Turkey (Sub- subheading to be placed after paragraph 20p(new))
Amendment 93 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 q (new)
Paragraph 20 q (new)
20q. Acknowledges that projects implemented in the area of the judiciary give reasonable evidence of sustainability and welcomes the political willingness from Turkish authorities to continue the reform process initiated as demonstrated by the increased budgetary allocation for judicial training; notes nevertheless a number of weaknesses in the design of projects such as the absence of baseline data and the lack of SMART indicators that need to be addressed in order to allow a proper assessment of the impact of the pre-accession projects; (To be placed after the sub- subheading "Turkey")
Amendment 94 #
2011/2033(INI)
Motion for a resolution
Paragraph 20 r (new)
Paragraph 20 r (new)
20r. Notes that in the area of the fight against corruption the EU financial assistance started quite recently with the 2006 Ethics for the Prevention of Corruption in Turkey; acknowledges from the Commission that no EU funds could be programmed prior to the establishment of an independent single anti-corruption body and the adoption of a National Anti- Corruption Strategy; notes that the aforementioned project is considered as moderately satisfactory but that it lacked SMART indicators;
Amendment 95 #
2011/2033(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the European Commission's cCommunications on eEnlargement sStrategy and mMain cChallenges for the periodyears 2007-2008, 2008-2009, 2009- 2010, 2010-2011, 2011-2012 and 2012- 2013,
Amendment 9 #
2011/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU must equip itself with a comprehensive, coherent, modern and effective framework able to protect the personal data of individuals within and beyond the EU in all circumstances, in order to cope with the numerous challenges facing data protection,
Amendment 10 #
2011/2025(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the legal framework for data protection should also take into account the fundamental right to freedom of expression and information and the principle of transparency and ensure a balance between these rights and principles and the right to protection of personal data,
Amendment 28 #
2011/2025(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the collection, analysis, exchange and misuse of data and the dangerrisk of ‘profiling’, all of which have been made possible by technical developments, have reached unprecedented dimensions and consequently necessitate strong data protection rules, with particular attention given to children as they need specific protection from misleading and aggressive advertising,
Amendment 64 #
2011/2025(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the development of new information technologies require a thorough evaluation of the current data protection rules to ensure that those rules will effectively provide high protection of personal data and at the same time strike a balance between the right to data protection and the right to freedom of expression and information;
Amendment 82 #
2011/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the revised data protection regime should keepreduce bureaucratic and financial burdens to a minimum;
Amendment 93 #
2011/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. UPoints out that every individual must be able to scrutinise data concerning him or her; underlines, furthermore, the importance of improving means oflaying down clear rules to govern the exercisinge of the rights of access, rectification, erasure and blocking of data, and of clarifying the ‘right to be forgotten’;
Amendment 97 #
2011/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses, in this context, that children deserve specific protection because they may be less aware of risks, consequences, safeguards and rights while giving their consent for processing their personal data;
Amendment 109 #
2011/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports the Commission’s proposal to co-finance awareness-raising on data protection legislation to contribute to the protection of the right freedom of expression and information(reversed order), to the creation of good online practices by users and controllers, and to increasing the awareness of security risks associated with online data sharing.
Amendment 4 #
2011/2020(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses again, in this context, the need to provide adequate support for the neighbouring South Mediterranean countries, to help the transition to democracy and to build democratic institutions; stresses that this support to the Southern dimension of the ENP should not be at the expense of the Union's commitment to an adequate support to the eastern dimension of the ENP/ENPI;
Amendment 2 #
2011/2019(BUD)
Draft opinion
Paragraph B
Paragraph B
B. whereas high level of transparency and clear accountability for the use of public money is fundamental in order to ensure that money is spent correctly and efficiently, and to strengthen the trust of EU citizens,
Amendment 27 #
2011/0455(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Taking into account the high number of temporary staff within agencies and the need to ensure greater transparency and to define a consistent staff policy, it is necessary to create a new category of temporary staff and to lay down specific rules for this category.
Amendment 29 #
2011/0455(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Taking into account the high number of temporary staff within agencies and the need to ensure greater transparency and to define a consistent staff policy, it is necessary to create a new category of temporary staff and to lay down specific rules for this category.
Amendment 33 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Staff Regulations
Article 11 a – paragraph 1
Article 11 a – paragraph 1
Amendment 34 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 5 b (new)
Article 1 – point 5 b (new)
Staff Regulations
Article 11 a – paragraph 1 a (new)
Article 11 a – paragraph 1 a (new)
5b. The following paragraph shall be inserted in Article 11a: '1a. On the basis of the scrutiny referred to in paragraph 1, the Appointing Authority shall relieve the official from responsibility in any matter in which he has a conflict of interest as defined in paragraph 1. Additional appropriate measures may also be taken to ensure that the risk of conflicts of interest is eliminated. All institutions shall regularly publish a list of all such disqualifications.';
Amendment 35 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 5 c (new)
Article 1 – point 5 c (new)
Staff Regulations
Article 12 b – paragraph 1
Article 12 b – paragraph 1
5c. Article 12b(1) shall be replaced by the following: '1. Subject to Article 15, an official wishing to engage in an outside activity, whether paid or unpaid, or to carry out any assignment outside the Union, shall first obtain the permission of the Appointing Authority. Permission shall be refused only if the activity or assignment in question is such as to interfere with the performance of the official's duties or to call into question his independence and loyalty to the institution or is incompatible with the interests of the institution.';
Amendment 37 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5a (new)
Article 1 – paragraph 1 – point 5a (new)
Staff Regulations of Officials of the European Union
Article 11a – paragraph 1
Article 11a – paragraph 1
Amendment 38 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5a (new)
Article 1 – paragraph 1 – point 5a (new)
Staff Regulations of Officials of the European Union
Article 11a – paragraph 1a (new)
Article 11a – paragraph 1a (new)
5 b. In Article 11a the following paragraph shall be added after paragraph 1: 1a (new). On the basis of this scrutiny, the Appointing Authority shall relieve the official from responsibility in any matter in which he has such an interest as defined in paragraph 1. Additional appropriate measures may also be taken to ensure that the risk of conflicts of interest is eliminated. All EU institutions will regularly publish a list of all such recusals.
Amendment 39 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5a (new)
Article 1 – paragraph 1 – point 5a (new)
Staff Regulations of Officials of the European Union
Article 12b – paragraph 1
Article 12b – paragraph 1
Amendment 39 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 5 d (new)
Article 1 – point 5 d (new)
Staff Regulations
Article 16
Article 16
Amendment 41 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Staff Regulations of Officials of the European Union
Article 16
Article 16
Amendment 42 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Staff Regulations
Article 21 a – paragraph 2 a (new)
Article 21 a – paragraph 2 a (new)
6a. The following paragraph shall be added to Article 21a: '2a. An official who informs his superiors of orders which he considered to be irregular or likely to give rise to serious difficulties shall not suffer any prejudice at the hands of his superiors or of the institution concerned.';
Amendment 43 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Staff Regulations
Article 22 a
Article 22 a
Amendment 44 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6a (new)
Article 1 – paragraph 1 – point 6a (new)
Staff Regulations of Officials of the European Union
Article 21a – paragraph 2a (new)
Article 21a – paragraph 2a (new)
6a. The following paragraph 2a shall be added to Article 21a: 2a. An official who has been informing his superiors of orders which he considered to be irregular or likely to give rise to serious difficulties shall not suffer any prejudicial effects on the part of his superiors and the institution.
Amendment 44 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Staff Regulations
Article 22 a – paragraph 1
Article 22 a – paragraph 1
6b. Article 22a(1) shall be replaced by the following: '1. Any official who, in the course of or in connection with the performance of his duties, becomes aware of facts which gives rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Union, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of officials of the Union, shall without delay inform either his immediate superior or his Director- General or, if he considers it preferable, the Secretary-General, or the persons in equivalent positions, or the European Anti-Fraud Office (OLAF) direct. Such reporting shall not be deemed to constitute a breach of his duty of loyalty to the institution to which he belongs.';
Amendment 45 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Staff Regulations of Officials of the European Union
Article 22a
Article 22a
Amendment 45 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Staff Regulations
Article 22 b
Article 22 b
Amendment 48 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6a (new)
Article 1 – paragraph 1 – point 6a (new)
Staff Regulations of Officials of the European Union
Article 22a – paragraph 1
Article 22a – paragraph 1
6a In Article 22a, paragraph 1 shall be replaced by the following: 1. Any official who, in the course of or in connection with the performance of his duties, becomes aware of facts which gives rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Communities, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of officials of the Communities shall without delay inform either his immediate superior or his Director-General or, if he considers it preferable, the Secretary-General, or the persons in equivalent positions, or the European Anti-Fraud Office (OLAF) direct. Such reporting will not be considered as a breach of his duty of loyalty to the institution.
Amendment 50 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6b (new)
Article 1 – paragraph 1 – point 6b (new)
Staff Regulations of Officials of the European Union
Article 22b
Article 22b
6b. Article 22b shall be replaced by the following: 1. A whistleblower who honestly believes that his rights under Article 22a were not respected or who honestly believes in the existence of breaches of law by officials in grade AD 14 or above and/or by Members of his Institution or OLAF is entitled to inform and provide supporting information to the President of the Commission or of the Court of Auditors (if the areas of the competences of the Court of Auditors are concerned) or of the Council or of the European Parliament or to the European Ombudsman. 2. A whistleblower who honestly believes that his rights under article 22b paragraph 1 and 3 were not respected is entitled to inform and provide supporting information about suspected wrongdoing detrimental to the interest of the European Union or suspected criminal behaviour of the officials and/or Members of its institution to any member of the European Parliament and the Court of (if the areas of the competences of the Court of Auditors are concerned). 3. The rights and obligations of article 22a respectively apply to whistleblowers and recipients under article 22b. A recipient under article 22b has the right to question a previously involved recipient and/or institution about his treatment of the whistleblowing and shall be provided with the necessary information for his analysis. 4. If EU legislation entrusts other bodies - outside the EU institutions - with the necessary competences to confidentially assess matters (within EU-Institutions) that could be subject of disclosures by EU-officials, officials may also address them under the conditions mentioned in this article. 5. The recipients mentioned in paragraphs 1, 2 and 4 also have the right to inform the public if they deem that this is necessary. 6. If a whistleblower is undergoing disciplinary or other procedures for not respecting the recipient-limitations of art. 22a/b and/or e.g. by providing information to the media and public any measure taken against him must take into account if the information provided was true or the whistleblower believed it to be true. The public interests in the issue at stake must also be taken into account.
Amendment 626 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
1. Member States shall provide for ruleut in place mechanisms to effectively prevent, identify and immediately remedy actual, potential or perceived conflicts of interests arising in the conduct of procurement procedures that are subject to this Directive, including the design and preparation of the procedure, the drawing- up of the procurement documents, the selection of candidates and tenderers and, the award of the contract and the implementation phase, so as to avoid any distortion of competition and ensure equal treatment of all tenderers.
Amendment 641 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Member States shall ensure that appropriate mechanisms are in place to prevent, detect and remedy conflict of interests situations. Such mechanisms may involve the use of technological solutions.
Amendment 643 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 4 b (new)
Article 21 – paragraph 4 b (new)
4b. Member States shall take the necessary measures to ensure effective and timely redress, as well as the application of effective, dissuasive and proportionate sanctions in case the rules on conflict of interests are breached. The redress and sanctions shall include annulment of public contracts concluded in breach of conflict of interests rules and liability for damages.
Amendment 1067 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d a (new)
Article 55 – paragraph 3 – subparagraph 1 – point d a (new)
(da) where a conflict of interests could not have been effectively remedied as stipulated by Article 21(3);
Amendment 1068 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d b (new)
Article 55 – paragraph 3 – subparagraph 1 – point d b (new)
(db) where the economic operator does not provide appropriate ownership information, including on its subcontractors.
Amendment 1119 #
2011/0438(COD)
Proposal for a directive
Article 63 – paragraph 1 – subparagraph 2 a (new)
Article 63 – paragraph 1 – subparagraph 2 a (new)
Member States shall publish online and regularly update the list of economic operators excluded for participation in a public contract on the grounds stipulated in Article 55(1), (2) and (3).
Amendment 1471 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point c a (new)
Article 84 – paragraph 2 – subparagraph 2 – point c a (new)
(ca) statistics and overview on the use of negotiated procedure without prior publication stipulated in Article 30, including list of economic operators who were granted public contracts following this procedure and the grounds on which the procedure was used;
Amendment 1472 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point d
Article 84 – paragraph 2 – subparagraph 2 – point d
(d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union, as well as, when possible, on outcome of referral to competent administrative, law enforcement or judicial authorities.
Amendment 1477 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d
Article 84 – paragraph 3 – subparagraph 1 – point d
(d) establishing and applying, in cooperation with law enforcement bodies, comprehensive, actionable ‘red flag’ indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities. This shall also include a mapping of risks that identifies vulnerable positions in contracting authorities, as well as internal and external control bodies, activities in the public procurement procedures where risks where identified and vulnerable sectors and/or projects. The red flag indicators and the mapping of risks shall be updated on regular basis;
Amendment 1478 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d a (new)
Article 84 – paragraph 3 – subparagraph 1 – point d a (new)
(da) establishing procedures for reporting serious irregularities that also ensure protection of anonymity of the informant;
Amendment 1480 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d b (new)
Article 84 – paragraph 3 – subparagraph 1 – point d b (new)
(db) centralizing data on reported cases of fraud, corruption, conflict of interests and other serious irregularities, as well as, when possible, on their follow-up by the competent administrative, law enforcement or judicial authorities;
Amendment 1481 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d c (new)
Article 84 – paragraph 3 – subparagraph 1 – point d c (new)
(dc) ensuring, in cooperation with law enforcement bodies, specialized training of contracting authorities and officials of the internal control bodies on detection of fraud, corruption, conflict of interests and other serious irregularities,
Amendment 1482 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d d (new)
Article 84 – paragraph 3 – subparagraph 1 – point d d (new)
(dd) ensuring publication of regularly updated lists of economic operators excluded from participation in a public contract on the grounds stipulated in Article 55 (1), (2) and (3);
Amendment 1496 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 6 – point a
Article 84 – paragraph 6 – point a
(a) 1 0800 000 EUR in the case of public supply contracts or public service contracts;
Amendment 1498 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 6 – point b
Article 84 – paragraph 6 – point b
(b) 105 000 000 EUR in the case of public works contracts.
Amendment 1501 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 7 – subparagraph 1
Article 84 – paragraph 7 – subparagraph 1
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused only wheren their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Decisions to deny access to certain parts of the public contracts on these grounds should be duly motivated and published.
Amendment 1543 #
2011/0438(COD)
Proposal for a directive
Article 86 a (new)
Article 86 a (new)
Article 86 a Redress and sanctions Member States shall put in place mechanisms for effective and timely redress, and effective, dissuasive and proportionate sanctions in case of fraud, corruption, conflict of interests or other serious irregularities. Redress and sanctions applied in these cases shall include annulment of the respective public contracts and liability for damages.
Amendment 40 #
2011/0412(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This financing instrument contributes to achieving the objectives of the Union's external action, including those of the European Development Policy and of the Human Rights Policy announced by the High Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton on December 12, 2011.
Amendment 41 #
2011/0412(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A special effort will be put into communication and visibility actions to support and complement EIDHR activities and to make widely known EU support for democracy and human rights and its impact. Such actions shall always meet the requirements of confidentiality and security required for certain EIDHR activities.
Amendment 62 #
2011/0412(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Union assistance under this Regulation is designed to complement the various other tools for implementing of Union policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments for financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related actions under the Instrument for Stability and the new proposed instruments (such as Civil Society Facility - ENP and European Endowment for Democracy).
Amendment 68 #
2011/0412(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The assistance will be accessible to organizations that promote democratic values and might not be legally registered or recognized by partner governments' authorities, while taking the necessary measures to guarantee that they are not exposed to repression by their government on the basis of the transfer of EU/EIDHR funds.
Amendment 76 #
2011/0412(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Union assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This will allow for cooperation with civil society on sensitive human rights and democracy issues possible, providing the flexibility to respond to changing circumstances by the range of funding mechanisms available (framework agreement, re-granting, direct grants, low-value grants), in order to allow the instrument to be adaptable, reactive to urgency and high risk situations and effective both for short term and long term actions. It should also provide Union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Union and in a range of third countries. Moreover, it will provide the necessary framework for operations, such as support for independent European Union election observation missions requiring policy coherence, a unified management system and common operating standards.
Amendment 95 #
2011/0412(COD)
Proposal for a regulation
Article 1 – paragraph 2– point a (new)
Article 1 – paragraph 2– point a (new)
(a) supporting the democratization process in countries which have expressed their wish for greater political integration with the European Union through the negotiation of Association Agreements, in conformity with the "more for more" principle;
Amendment 98 #
2011/0412(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) supporting and consolidating democratic reforms in third countries, by enhancing good governance and participatory and representative democracy, strengthening the overall democratic cycle, and improving the reliability of electoral processes, in particular by means of election observation missions.
Amendment 102 #
2011/0412(COD)
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. assisting local communities, in particular in areas where there are unsolved frozen conflicts, through development assistance, financial support for small and medium businesses and trade and for confidence-building measures as well as projects encouraging people-to-people contacts; such actions will promote our shared European values and strengthen security in those areas, in particular in Eastern Partnership Countries as well as combat poverty and discrimination and ensure human rights for all.
Amendment 103 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) support to and enhancement of human rights-based approaches, the participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:
Amendment 109 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii) strengthening the rule of law, promoting the independence of the judiciary, encouragsupporting and evaluating legal and institutional reforms, and promoting access to justice;
Amendment 112 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point iv
Article 2 – paragraph 1 – point a – point iv
(iv) supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouragstrengthening measures against corruption;
Amendment 117 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point v a (new)
Article 2 – paragraph 1 – point a – point v a (new)
(va) supporting political representation that is closest to citizens; strengthening local democracy by ensuring better cooperation between civil society organizations and local authorities;
Amendment 157 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point iv
Article 2 – paragraph 1 – point d – point iv
(iv) by supporting measures aimed at the consistent integration of electoral processes into the democratic cycle and at implementing recommendations made by Union Election Observation Missions and which promote democratic values;
Amendment 161 #
2011/0412(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples, rights of persons with disabilities, and principles such as empowerment, participation, non- discrimination of vulnerable groups and accountability shall be taken into account whenevere relevant for allthe different assistance measures referred to in this Regulation.
Amendment 182 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. ‘Project’ is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared for the board of directors to monitor its business.
Amendment 250 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 42 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 562/2006
Article 2 – point 19 a (new)
Article 2 – point 19 a (new)
(-1) In Article 2 the following point is inserted: "19a. ´threat to internal security´ means any serious crime with a cross-border dimension, as defined in Article 83(1) TFEU, including trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime."
Amendment 46 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 1 – point h a (new)
Article 1 – point 1 – point h a (new)
Regulation (EC) No 562/2006
Article 2 – point 19 a (new)
Article 2 – point 19 a (new)
(ha) the following point 19a is inserted: 19 a.' threat to internal security´ means any serious crime with a cross-border dimension, as referred to in Article 83(1) of the Treaty of the Functioning of the European Union, including trafficking in human beings and sexual exploitation of women and children, drug trafficking, arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
Amendment 63 #
2011/0051(COD)
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
Convention implementing the Schengen Agreement
Article 40 – paragraph 7– indent 9
Article 40 – paragraph 7– indent 9
Amendment 64 #
2011/0051(COD)
Proposal for a regulation
Article 2 – point 2 b (new)
Article 2 – point 2 b (new)
Convention implementing the Schengen Agreement
Article 40 – paragraph 7
Article 40 – paragraph 7
(2b) In Article 40(7), the following indents are added: "- money laundering, - corruption, - counterfeiting of means of payment, - computer crime, - organised crime."
Amendment 65 #
2011/0051(COD)
Proposal for a regulation
Article 2 – point 2 c (new)
Article 2 – point 2 c (new)
(2c) In Article 41(4), indent 9 is replaced by the following: "- trafficking in human beings and sexual exploitation of women and children,"
Amendment 66 #
2011/0051(COD)
Proposal for a regulation
Article 2 – point 2 d (new)
Article 2 – point 2 d (new)
Convention implementing the Schengen Agreement
Article 41 – paragraph 4 – point a
Article 41 – paragraph 4 – point a
(2d) In Article 41(4), the following indents are added: "- money laundering, - corruption, - counterfeiting of means of payment, - computer crime, - organised crime."
Amendment 19 #
2010/2311(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the 2005 EU Counter- Terrorism Strategy and the EU Strategy for Combating Radicalisation and Recruitment to Terrorism still did not reach their objective of preventing terrorism,
Amendment 83 #
2010/2311(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission and the Member States to prevent the rise of extremisms by taking specific measures based on integration of marginalised groups at local level, on inter-religious dialogue and on the promotion of civil responsibility by the religious organisations, both inside and outside the EU;
Amendment 5 #
2010/2310(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in accordance to Article 82 TFEU the principle of mutual recognition of judgements and judicial decisions shall remain the cornerstone of judicial cooperation in criminal matters, "and shall include the approximation of the laws and regulations of the Member States in the areas referred to [...] in Article 83";
Amendment 6 #
2010/2310(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the harmonisation of criminal law in the EU should contribute to the achievement of a common EU legal culture against crime, which adds up to but does not substitute national legal traditions and positively impacts mutual trust amongst EU Member States' legal systems;
Amendment 28 #
2010/2310(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Commission to put forward measures that facilitate a more consistent and coherent enforcement at national level of existing provisions of substantive EU criminal law, without prejudice to the principles of necessity and subsidiarity;
Amendment 29 #
2010/2310(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that harmonisation measures should be proposed primarily with a view to supporting the application of the principle of mutual recognition in practice, rather than merely expanding the scope of the harmonised EU criminal law;
Amendment 36 #
2010/2310(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Commission and the Member States to also consider non- legislative measures that consolidate trust among the different legal systems in the Member States, enhance the coherence, and encourage the creation of a common EU legal culture against crime;
Amendment 28 #
2010/2309(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
- having regard to Written Declaration 2/2010 of the European Parliament on the Union’s efforts in combating corruption,
Amendment 29 #
2010/2309(INI)
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
- having regard to Communication from the Commission to the European Parliament and the Council of 20 November 2008 – Proceeds of organised crime: ensuring that “crime does not pay” [COM(2008) 766]
Amendment 30 #
2010/2309(INI)
Motion for a resolution
Citation 30 c (new)
Citation 30 c (new)
- having regard to Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders,
Amendment 114 #
2010/2309(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls onNotes that the Commission to submit, as soon as possible, an organic proposal for a directive on the confiscation of assets and the proceeds of crime, accepting and supporting the urgent need for European legislation on the re-use of crime proceeds for social purposes, so that the capital of criminal organisations or their associates can be re-injected into legal, clean, transparent and virtuous economic circuitsincluded in its Work Programme for 2011 a proposal for a new legal framework on the confiscation and recovery of criminal assets; calls on the Commission to submit this proposal as soon as possible and to include in this proposal the confiscation without a criminal conviction (civil confiscation);
Amendment 117 #
2010/2309(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to accept and support the urgent need for European legislation on the re-use of crime proceeds for social purposes, so that the capital of criminal organisations or their associates can be re-injected into legal, clean, transparent and virtuous economic circuits;
Amendment 118 #
2010/2309(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Members States to establish fully equipped Asset Recovery Offices, with trained staff and necessary powers;
Amendment 122 #
2010/2309(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers, whistleblowers and their families and calls on the Commission to submit, as soon as possible, a legislative proposal on this issue, the subject of which should be not only victims and their families but also witnesses and, informers and whistleblowers; calls for all types of victim to be treated equally (in particular the victims of organised crime, of duty and of terrorism) and for the protection of court witnesses to be extended over and beyond the duration of the court proceedings; proposes establishing a European fund for the protection of victims and court witnesses;
Amendment 185 #
2010/2309(INI)
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Countering organised crime through transparency measures;
Amendment 191 #
2010/2309(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the vital importance of public sector transparency in the fight against organised crime and calls on the Commission to take action to lay down the necessary rules and ensure that the use of EU funds is fully traceable and monitored both by the competent institutions and the citizens and press; calls for this information to be promptly made available on the internet on a central website in a machine-readable, comparable and open data format and in at least one of the working languages of the EU; calls on the Member States to adopt similar measures to make all transactions using public funds transparent, with particular reference to local authorities, which are more liable to infiltration by organised crime;
Amendment 203 #
2010/2309(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Countering organised crime through fighting corruption and money- laundering;
Amendment 204 #
2010/2309(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is convinced of the intrinsic link between organised crime and corruption and emphatically reiterates the request it expressed when adopting Written Declaration 02/10, both with reference to the creation of a mechanism to assess and monitor the policies of the 27 Member States in combating corruption and with regard to the framing of a comprehensive anti-corruption policy by the EU institutions; stresses the need for a proactive approach to combating corruption and calls on the Commission to place emphasis on measures to counter political corruption, that of the civil service, the courts, the police and customs officers, in addition to private sector corruption; considers it, moreover, a priority to develop effective measures to combat corruption in the neighbourhood policy, in the area of pre-accession funds and in the use of development aid funds;
Amendment 220 #
2010/2309(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the European institutions to send out a clear message at EU level and to assert their political influence internationally with a view to curbing all forms of money laundering through the use of the financial markets, in particular by: drawing up better capital control rules; encouraging a reduction of the pervasiveness of the financial markets (using tools such as the taxation of investment income and the introduction of a tax on international financial transactions); imposing increased transparency on the use of public funds, first and foremost on those to support private sector development, and carrying out a serious and effective offensive against tax havens by imposing country- by-country financial reporting on all multinational economic operators; promoting a multilateral agreement on the exchange of tax-related information whilst revising the definition of ‘tax haven’ and the list of these secret jurisdictions;
Amendment 232 #
2010/2309(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to draft a proposal on the creation of a European Public Prosecutor Office with a robust mandate to investigate serious cross- border crimes, including organised crime and corruption, to ensure effective investigation and prosecution.
Amendment 7 #
2010/2308(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to its resolution of 14 September 2011 on the EU's efforts to combat corruption,1 __________________ 1 (P7_TA(2011)0388)
Amendment 36 #
2010/2308(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to reinforce the synergies between internal and external security by taking concrete measures and by establishing coordination mechanisms between Directorate General Home Affairs, Directorate General Justice and the European External Action Service (EEAS); calls on the Commission to provide expertise to the EU delegations in countries where there are specific issues of interest for the Union in the domain of security and underlines that this should be done by exchanging information and sharing resources with the JHA agencies - Europol, Eurojust, Frontex;
Amendment 43 #
2010/2308(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note of the definition of five key areas for which different concrete actions have been proposed at EU and Member State level; takes the view that these objectives are not exhaustive, and that the order of priorities could have been better structured; observes that, whiletogether with the fight against terrorism and organised crime is, and must remain, a key priority, it does not seem to be fully justified or appropriate to take action in fields such as man-made disasters and the enforcement of intellectual property rights, man-made disasters are and must remain, a key priority within the framework of the ISS;
Amendment 48 #
2010/2308(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and the Council to prioritise the fight against corruption in the context of the EU security agenda, as well as allocate the appropriate resources, considering that the Stockholm Programme (4.1) lists corruption among the trans-national threats that continue to challenge the internal security of the Union, which require a clear and comprehensive response;
Amendment 20 #
2010/2294(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that transparency is the best way to prevent corruption, fraud, conflict of interest and mismanagement;
Amendment 23 #
2010/2294(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, in the light of ten years of experience with the application of Regulation (EC) No 1049/2001 and taking into account the case-law of the Court of Justice, that it is necessary to revise that Regulation in order to clarify some of its provisions, narrow its exceptions and ensure that the transparency promised by the Treaties becomes a reality; stresses in this context that the revised Regulation should be simple and accessible for citizens in order to make them able to effectively use their right;
Amendment 51 #
2010/2294(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. In accordance with the best international standards developed by major non-governmental organisations1, highlights the need for a strict three-part test to be used in order to justify a refusal to disclose a document: (1) the information contained in the document must relate to a legitimate aim listed in the legislative act; (2) the disclosure of the document must threaten substantial harm to that aim; (3) the harm to the aim must be greater than the public interest in having the information contained in the document. __________________ 1 ARTICLE 19, ‘The Public’s Right to Know: Principles of Freedom of Information Legislation’, London, 1999; Transparency International, ‘Using the Right to information as an Anti- Corruption Tool’, Berlin, 2006.
Amendment 73 #
2010/2294(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Recalls that transparency is not only a matter of passive reactions by the EU institutions, bodies, offices and agencies, but requires a proactive approach as highlighted several times by the European Ombudsman; calls on the EU institutions to make as many categories of documents as possible publicly accessible by default on their Internet sites (including budgets and lists of public procurement contracts awarded over the last three years); stresses that a proactive approach can prevent unnecessary litigation, which results in tax-payers’ money being spent inefficiently as well as at the same time causing unnecessary delays, costs and burdens for those requesting access;
Amendment 74 #
2010/2294(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls upon the Commission to ensure transparency in the administration of European funds, by the publication of the same categories of information, on a single website, in one of the EU working languages, regarding all beneficiaries of these funds;
Amendment 2 #
2010/2278(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication "Towards a Single Market Act", but regrets the unsatisfactory pace of implementation of Single Market legislation and; calls on the Member States to accelerate the process and to fully and correctly implement existing legislation, including the Services Directive and the Goods Package;
Amendment 6 #
2010/2278(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a better involvement of European citizens in the process of creating the Single Market; calls on the national Parliaments, regional and local authorities and social partners to take an active part in communicating the benefits of the Single Market;
Amendment 20 #
2010/2278(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to ensure true freedom of movement for citizens, in particular through mutual recognition of professional qualifications and school diplomas, as well as portability of social benefits across borders;
Amendment 21 #
2010/2278(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Directive on patients' rights in cross-border healthcare and calls on Member States to fully implement it;
Amendment 78 #
2010/2276(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to propose and the Council to adopt together with the Parliament within one year an EU Strategy on Roma Inclusion (hereinafter: ‘the Strategy’) as an indicative, inclusive and place-based action plan, which is prepared and implemented on a multi-level basis and can evolve as needed; it should be based on the tasks, objectives, principles and instruments defined by the Treaties and the Charter of Fundamental Rights, as referred to above, and on the shared competences, as well as the supporting, coordinating and complementary actions, of the Union;
Amendment 97 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point a – indent 6
Paragraph 2 – point a – indent 6
– empowerment of Roma civil society and Roma youth;
Amendment 100 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point a – indent 6 a (new)
Paragraph 2 – point a – indent 6 a (new)
- inclusion of Roma, particularly at the leadership level, in Government and EU institutions;
Amendment 106 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point b – indent 1
Paragraph 2 – point b – indent 1
– anti-discrimination measures and awareness-raising, including on multiple discrimination,
Amendment 112 #
2010/2276(INI)
Motion for a resolution
Paragraph 2 – point b – indent 2
Paragraph 2 – point b – indent 2
– combat prejudices, stereotypes, racism and anti- gypsyism,
Amendment 225 #
2010/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of endorsing and controlloverseeing the Strategy in a transparent manner, with the primary responsibility falling on democratically accountable ministers within the Council, and emphasises that the Strategy should in no way be divisive for the EU, creating splits among Member States;
Amendment 237 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– take responsibility for coordination, monitoring, reporting, facilitation of implementation and follow-up, thereby meeting the need for an independent, multi-sector body serving as an ‘external facilitator’ which can assess and balance the various national and sectoral interests in a manner acceptable to all,
Amendment 243 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 3
Paragraph 4 – indent 3
– review and update the Strategy as appropriate on a regular basis, and seek endorsement from the Council and Parliament for the changes made,
Amendment 249 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 5
Paragraph 4 – indent 5
– report on the progressimplementation of the Strategy and the evaluation of results, and keep the Council and Parliament informed on an annual basis,
Amendment 260 #
2010/2276(INI)
Motion for a resolution
Paragraph 4 – indent 6
Paragraph 4 – indent 6
– ensure the involvement of concerned stakeholders and Roma communities from all levels through the European Roma Platform, and work in partnership with the other institutions, Member States and regions, international financing institutions, transnational programming bodies and intergovernmental organisations, such as the Decade of Roma Inclusion;
Amendment 276 #
2010/2276(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Member States to appoint a high-level government official orand an administrative body to act as ‘National Contact Point’ for the implementation of the Strategy;
Amendment 328 #
2010/2276(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Council to improve the access to EU funds of local governments and NGOs working on Roma inclusion, by simplifying the application process and rules;
Amendment 329 #
2010/2276(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Commission and the Council to extend the scope of the EU funding so that, besides development, also the provision of quality public services be eligible for funding;
Amendment 330 #
2010/2276(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on the Commission as well as the Member States to hire Roma staff in the public administration, especially in institutions participating in the programming and implementation of EU and national funded programmes for Roma inclusion;
Amendment 10 #
2010/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that migrant workers should be able to communicate in one of the official languages of their Member State of residence and become familiar with their rights and obligations as well as with the fundamental values of the European Union and of their Member State of residence; to this end, calls on the Member States to provide language training to migrant workers together with training programmes on the fundamental values of the European Union and of the Member State of residence and on their rights and obligations;
Amendment 1 #
2010/2271(DEC)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to its Declaration of 18 May 2010 on the Union's efforts in combating corruption1; 1 Texts adopted, P7_TA(2010)0176
Amendment 2 #
2010/2271(DEC)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas Parliament's Declaration of 18 May 2010 on the Union's efforts in combating corruption calls on the Commission and the relevant Union agencies to take all necessary measures and provide sufficient resources to ensure that Union funds are not subject to corruption, and to adopt dissuasive sanctions where corruption and fraud are found;
Amendment 3 #
2010/2271(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the Court of Auditors has again drawn attention to a large volume of carryovers and cancellations of operational appropriations byas well as the existence of unused budget lines and a high number of transfers in several agencies in the financial year 2009; stresses that this situation has a negative impact on the implementation of the budget and is at odds with the principle of annuality; sees problems arising from the multiannuality of programmes; considers accordingly,nevertheless, stresses that the resulting expenditure should be predictable for each year and that the agencies concerned should put in place appropriate instructions and procedures for the analysis of their potential carry- forwards in order to reduce the volume of these to a minimum;
Amendment 4 #
2010/2271(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the high level of carryovers and cancellations is often indicative of the inability of an agency to manage a large increase in its budget; inquires whether it would not be more responsible for budgetary authorities, in future, to take greater care in deciding on incredemands that the absorptive capacity and the time needed to carry out additional taseks in an agency's budget in the light of the time needed to cshould play a larger role in future budgetarry out the new activitiedecisions;
Amendment 8 #
2010/2271(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on all the agencies to make available on their website a list of all the contracts awarded over the last three years at least, and for the Commission to continue its efforts to make this information more accessible and to finally integrate it into its financial transparency system;
Amendment 10 #
2010/2271(DEC)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Calls, accordingly, on the agencies to take the necessary measures to increase the objectivity and transparency of their recruitment processes; considers, in this respect, that FRONTEX's initiative to adopt implementing rules and internal guidelines for the members of its selection committees is an important practice to be followed by other agencies; welcomnotes, in particular, the initiative of FRONTEX to adopt a recruitment policy which includes concrete actions, such as:
Amendment 11 #
2010/2271(DEC)
Motion for a resolution
Paragraph 11 – subparagraph 1 a (new)
Paragraph 11 – subparagraph 1 a (new)
stresses the need to rigorously implement this policy and to prove that it delivers results;
Amendment 13 #
2010/2271(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the agencies' recruitment plans are often not fully executed and observes a lack of consistency between budgetary and staff forecasting which could affect the stakeholders' view on the agencies' use of their staff; calls, accordingly, on the agencies to put further effort into the implementation and monitoring of their recruitment planning; encourages the agencies also to provide in their Work Programme and AARs additional information on the allocation and use of their human resources and a description of the impact on the available staff when setting their objectives; calls on the Commission to evaluate the required staff levels in the agencies, compare the actual staff levels at present to the budgeted forecasts, conclude whether the forecasts exceed the needs and capacities of the agencies and provide Parliament with an overview on this issue;
Amendment 14 #
2010/2271(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note of the fact that every year employees, including directors, rotate between the agencies; calls on the Commission to provide Parliament with an overview of all staff members that changed working places from one agency to another since 2008;
Amendment 15 #
2010/2271(DEC)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Takes note of the transfer of the director of the European Medicines Agency to a consultancy that advises, among others, pharmaceutical companies on developing new medication and reducing the period to their market introduction; asks the Commission to provide information on the existence and application of regulations with respect to "cooling-off periods" in this case and among comparable cases in all the agencies;
Amendment 18 #
2010/2271(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to provide Parliament with a detailed overview of the criteria applied in order to ensure the independence of recruited staff, in particular with respect to possible conflict of interests, and to apply dissuasive sanctions where any irregularity is found;
Amendment 19 #
2010/2271(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomNotes, nevertheless, that certain agencies have provided, on a voluntary basis, their IAS's internal audit reports to the discharge authority; considers this a sign of transparency and a best practice for the other agenciesat this should be the normal practice of transparency and expects that all other agencies of the Union will follow this practice;
Amendment 22 #
2010/2271(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Strongly encourages the Court of Auditors to include a reference in its annual reports on the agencies to the conclusions of the IAS audits and an assessment of the implementation by the agencies of the IAS' recommendations;
Amendment 26 #
2010/2271(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that the large size of certain agencies' Governing Boards and the high turnover of their members could lead to an ineffective decision-making body; calls, accordingly, on the Interinstitutional Working Group on Agencies to address this issue; suggests also that consideration be given to the possibility of merging governing boards for agencies working in related fields to reduce amount spent on meetings;
Amendment 28 #
2010/2271(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
36. CNotes that the Interinstitutional Working Group on Agencies found that about 30 % of the agencies’ resources are used for administration; calls on the Commission to increase its efforts to provide all necessary administrative assistance to the relatively small agencies, in particular those that were established recently and to make sure that all agencies work efficiently;
Amendment 29 #
2010/2271(DEC)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Is concerned that despite the serious and repeated problems in the management of the European Police College and the confirmation of misuse of funds, no disciplinary action has been taken against the former director; asks the Commission to clarify when disciplinary action may be taken, and the responsibilities for taking such action, to ensure that it is used consistently;
Amendment 35 #
2010/2271(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Invites the agencies to enhance their customer focus and feedback procedures and to make full use of the results of their evaluations in this regard; congratulates, in particular, the ECHA for having conducted a stakeholder survey in 2009 and for increased assistance activities for industry (as, for example, offering a phone advice service for lead-registrants, workshops, network meetings, and public consultations);
Amendment 37 #
2010/2271(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Encourages, in addition, the agencies to further develop their performance monitoring system to ensure that the results of their performance are monitoredand provide consistent reporting on KPIs;
Amendment 46 #
2010/2271(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Notes that a number of agencies evolving in common intervention fields are performing similar activities; recalls that overlapping activities generate unnecessary additional costs.
Amendment 47 #
2010/2271(DEC)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47b. Recalls that the Union budget shall be based on a sound financial management requiring spending to be relevant, effective, and efficient and unnecessary expenditures to be properly addressed;
Amendment 48 #
2010/2271(DEC)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47c. Calls, therefore, on the Commission to carry out an evaluation of all the Union agencies aimed at detecting occurrences of overlapping activities and analysing, if overlaps are identified, the possibility of a merger between the agencies involved and to provide Parliament with a report on the issue by the 31 December 2011;
Amendment 1 #
2010/2247(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- Having regard to its Written Declaration of 18 May 2010 on the Union's efforts in combating corruption (P7_DCL(2010)0002), with a view to ensure that EU funds are not subject to corruption;
Amendment 6 #
2010/2247(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to hold Member States more accountable for the amount of irregularities that have yet to be recovered;
Amendment 9 #
2010/2247(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Inquires as to what steps the Commission has taken to combat the increase of suspected fraud, in number of cases and amounts as compared to the total number of cases of irregularities in the Member States of Poland, Romania, and Bulgaria;
Amendment 10 #
2010/2247(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned about the level of outstanding irregularities not recovered or declared unrecoverable in Italy at the end of the fiscal year of 2009;
Amendment 11 #
2010/2247(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that Union legislation requires Member States to report all irregularities no later than two months after the end of the quarter in which an irregularity has been subject to a primary administrative or judicial finding and/or new information about a reported irregularity becomes known; calls on the Member States to make all the necessary efforts, including the streamlining of national administrative procedures, to meet the required deadlines and reduce the time gap between the moment a irregularity is identified and that when it is reported; calls on the Member States to act primarily as a protector of taxpayers’ money in their efforts to combat fraud;
Amendment 12 #
2010/2247(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the introduction in 2009 of the Irregularity Management System (IMS), an application developed and maintained by OLAF, and the positive developments it has brought about; is concerned that the Commission explains the increase in the number of cases reported and the financial impact by the use of new technological reporting; calls on the Commission to provide the Parliament with a detailed methodology of the newly implemented technological reporting and to include it in next years report; calls upon the Member States to fully implement the IMS and to further improve their reporting compliance;
Amendment 13 #
2010/2247(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Requests the Commission to include in its next year report the amount of irregularities reported using the new technological reporting against the traditional methods of reporting; calls on the Member States to improve the speed at which irregularities are reported;
Amendment 17 #
2010/2247(INI)
Motion for a resolution
Paragraph -7 a (new)
Paragraph -7 a (new)
-7a. Is concerned about the amount of fraud compared to irregularities in the Own Resources sector for the member states of Austria, Estonia, Italy, Romania, and Slovakia as fraud constitutes more than half the total amount in each Member State; calls on the Member States to take all necessary measures, including close cooperation with European institutions, to address all causes leading to fraud relating to EU funds;
Amendment 18 #
2010/2247(INI)
Motion for a resolution
Paragraph -7 b (new)
Paragraph -7 b (new)
-7b. Is concerned by the suspiciously low fraud rates in Spain and France, especially considering their size and financial support received, as described by the Commission in the PIF report 2009 and therefore calls on the Commission to include detailed information on the applied reported methodology and the fraud detection capability in these states;
Amendment 35 #
2010/2247(INI)
Motion for a resolution
After paragraph 24 – heading 6 (new)
After paragraph 24 – heading 6 (new)
Public procurement, increased transparency and the fight against corruption
Amendment 36 #
2010/2247(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission, the relevant Union agencies and the Member States to take measures and provide resources to ensure that EU funds are not subject to corruption, to adopt dissuasive sanctions where corruption and fraud are found, to step up the confiscation of criminal assets involved in fraud, tax evasion and money-laundering related crimes;
Amendment 37 #
2010/2247(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the Commission and Member States to design, implement and periodically evaluate uniform systems of procurement to prevent fraud and corruption, to define and implement clear conditions for participation in public procurement, and criteria on which public procurement decisions are made, and also to adopt and implement systems to review public procurement decisions at the national level, to ensure transparency and accountability in public finances, and to adopt and implement risk management and internal control systems;
Amendment 38 #
2010/2247(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Welcomes the Commission’s Green Paper on the modernisation of EU public procurement policy Towards a more efficient European Procurement Market; calls on Council and Commission to finalize the adoption of the reform of the basic EU public procurement rules (Directives 2004/17/EC and 2004/18/EC) no later than by the end of 2012;
Amendment 39 #
2010/2247(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24d. Following its request in its last year’s report on the protection of the Communities’ financial interests, urges OLAF to present in its next annual report, a detailed analysis of the strategies and measures put in place by each Member State in the fight against fraud and for preventing and identifying irregularities in the expenditure of European funds, including where they are caused by corruption; considers that specific attention should be paid to the implementation of agricultural and structural funds; takes the view that the report, with 27 country profiles, should analyse the approach followed by national judicial and investigating bodies and the quantity and quality of controls performed, as well as statistics and reasons in the cases where national authorities did not file indictments following reports by OLAF;
Amendment 40 #
2010/2247(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Following its request in the last year’s report on the protection of the Communities’ financial interests, urges the Council to complete the conclusion of the Cooperation Agreements with Liechtenstein in the shortest possible time and urges the Council Presidency to give the Commission a mandate to negotiate antifraud agreements with Andorra, Monaco, San Marino and Switzerland;
Amendment 41 #
2010/2247(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24f. Urges the Commission to take action to ensure one-stop transparency of the beneficiaries of EU-funds; calls on the Commission to design measures to increase the transparency of legal arrangements and a system where all beneficiaries of EU funds are published on the same website, independently of the administrator of the funds and based on standard categories of information to be provided by all Member States in at least one working language of the Union; calls on the Member States to cooperate with and provide to the Commission full and reliable information regarding the beneficiaries of the EU funds managed by Member States; invites the Commission to evaluate the system of ‘shared management’ and provide Parliament with a report as a matter of priority;
Amendment 1 #
2010/2182(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Agency to put further effort into improve the accuracy of its operational budget; notes, in fact,Notes with concern that the Court of Auditors reported the overstatement by 27 % of the audited estimated costs for activitiescosts for pre-financing to border authorities in the 8 cases audited; notes also that for the activities closed in 2009, more than 40 recovery orders had to be issued to recover advances made in excess;
Amendment 1 #
2010/2181(DEC)
Proposal for a decision on discharge
Citation 11 a (new)
Citation 11 a (new)
- having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. N° CEPOL/CT/2010/002),
Amendment 2 #
2010/2181(DEC)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. WelcomAcknowledges the measures taken by the new management and governance of the College to tackle its deficiencies in response to Parliament's request for action; notes that the success of this rests with the merits of the new management and governance of the College, following the serious irregularities in the implementation of the budget for 2009; welcomes, in particular, the following actions duly taken in time to respond to Parliament's requests:
Amendment 3 #
2010/2181(DEC)
Motion for a resolution
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
ca. the decision of the Governing Board of the College to grant voting rights to the Commission;
Amendment 4 #
2010/2181(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Looks forward to the Commission's presentation in 2012 of the College's new legal framework to integrate the abovementioned Commission's voting rights in the proceedings of the Governing Board;
Amendment 4 #
2010/2181(DEC)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),
Amendment 5 #
2010/2181(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that the discharge authority will continue to carefully monitor the level of implementation of the measures undertaken during the upcoming discharge procedures;
Amendment 5 #
2010/2181(DEC)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Annual Activity Report 2009 of the Directorate-General Justice, Freedom and Security,
Amendment 6 #
2010/2181(DEC)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the final report on the five- year external evaluation of the College established that there is a case for the College's relocation; calls, therefore, on the Court of Auditors to prepare a special report, during 2012, setting out the costs and benefits in financial and operational terms of merging the College's responsibilities with those of Europol;
Amendment 6 #
2010/2181(DEC)
Motion for a resolution
Recital F
Recital F
F. whereas the College's budget for the year 2009 was of EUR 8 800 000, compared to EUR 8 700 000 for the year 2008,
Amendment 7 #
2010/2181(DEC)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes that the final report on the five- year external evaluation of the College established that there is a case for the College's relocation; calls, therefore, for an independent impact assessment on the merging of the College with Europol or at least on its relocation to the Hague, taking into consideration all the relevant aspects, costs and consequences;
Amendment 7 #
2010/2181(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges, nevertheless, from the College that a Procurement Officer has finally been appointed and a Procurement Manual, including templates and checklists, was adopted on 8 June 2010 by Decision No 002/2010 of the Director;
Amendment 8 #
2010/2181(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Requests that the College provide the Parliament with a report on the application of the Procurement Manual for the period covering 1 July 2010 - 1 July 2011, before 31 October 2011;
Amendment 9 #
2010/2181(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 9 #
2010/2181(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Voices concern at the fact that the Court of Auditors identified severe shortcomings in the administrative and financial rules governing expenditure on the organisation of courses and seminars, which accounts for a major proportion of the College's operational expenditure; notesconsiders unacceptable that the main irregularities are due to the fact that the revised College'’s Financial Regulation has never entered into force and, as result, all engagement contracts signed were illegal; acknownotes from the Colledges that these contracts expired in 2010 and were not renewed;
Amendment 10 #
2010/2181(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the first report of the College on the application of its procurement manual for 1 July 2010 - 1 July 2011, and thanks the College for having produced the document by 8 July 2011 well in advance of the date requested by Parliament; considers the information provided in this report to be relevant and an example of best practice to be followed by other decentralised agencies of the Union; nevertheless awaits for the Court of Auditors to evaluate the application by the College of the procurement manual;
Amendment 10 #
2010/2181(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the College's Financial Regulation which was submitted to the Commission for an opinion in 2009 contained two provisions which did not get a favourable opinion of the Commission because they were not considered to comply with the revised framework Financial Regulation;
Amendment 11 #
2010/2181(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission's subsequent decision C(2011)4680 of 30 June 2011 which granted consent to the abovementioned derogation; indeed considers that this revision ensures cost effectiveness and the representation of national police training institutes as part of the College's network;
Amendment 11 #
2010/2181(DEC)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recommends that the College, in the interest of fostering transparency, provide direct access to its detailed budget, which should include a list of its contracts and procurement decisions, and be published on the College's website; believes that the recommendation does not contravene the principle of personal data protection;
Amendment 12 #
2010/2181(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that already for the budget year 2008 31 % of the College's total budget had to be carried over and, in 2007, 41.5% of the College's total budget had to be carried over while more than 20% (EUR 0,5 million ) of the College's appropriations carried over from the preceding year were cancelled;
Amendment 13 #
2010/2181(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note that, despite the significant delays and errors in its provisional accounts for 2009, the College has assured Parliament that since 2010 it increased its financial discipline and internal control; looks forward to receiving the same assurance fromthe report of the Court of Auditors in its report on the College's annual accounts for 2010, to establish whether the assurance from the College is well founded;
Amendment 13 #
2010/2181(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned that since 2007 the percentage of the College's total budget that had to be carried over and the percentage of the appropriations carried over that eventually had to be cancelled are increasingly getting worse; questions therefore the legitimacy to increase the amount of Union participation in the College's budget;
Amendment 14 #
2010/2181(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that the level of implementation of the College's recruitment guide bringing the procedures in line with the Commission's Staff Regulation, was considered to be sufficient by the College; calls also on the Court of Auditors to assure the Parliament on the level of implementation of this guide; welcomes, nonetheless, the College's new multi-annual recruitment plan for 2012 which will allow the College to plan its recruitment better;
Amendment 14 #
2010/2181(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 15 #
2010/2181(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges that, as a result of an external audit on an ex-post check, the current Director initiated a recovery order requiring the former Director to return the sum of EUR 2014,94 of which only EUR 43,45 have been recovered to date; regrets the small amount recovered compared to the financial loss that the College incurred under the management of the former Director; takes note that a final reminder for payment has been issued in 2011 and that the next step is to institute proceedings before an English court to establish the legality of the debt, dating from 2007, and, should the appropriate judgement be obtained, the enforcement service will seek to recover the remainder of the unpaid debt; calls on the current Director to keep the discharge authority updated with regard to the development of this matter;
Amendment 15 #
2010/2181(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. NotesIs concerned that the College, in its Financial Statements for 2009, quantified the total impact on accumulated reserves of its errors prior to 1 January 2008 as of EUR 929 670,27 (10,56 % of its total budget for 2009) and the total impact on accumulated reserves of its errors from 2008 as of EUR 284 718,77 (3,2% of its total budget for 2009);
Amendment 16 #
2010/2181(DEC)
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Voices concern that the Court of Auditors reported several weaknesses with regard to staff selection procedures that put at risk the transparency of these procedures; stresses in particular that the documentation of the procedures was inadequate; finds unacceptable that:
Amendment 17 #
2010/2181(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores the fact that a recruitment contract which was executed in the wrong manner is still operative; calls on the College to remedy this irregularity as a matter of priority;
Amendment 18 #
2010/2181(DEC)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the College to provide the Parliament with a detailed overview of all staff members that were employed with the College during the period when irregularities and illegalities were observed and have since left the College ; the overview shall include their current employer and it shall indicate which former College staff members are still employed with the Commission, an Agency or a Union institution;
Amendment 19 #
2010/2181(DEC)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Wonders, nevertheless, how the College intends to address these recurrent human resource management issues, especially considering the fact that the location of the College's Secretariat in Bramshill significantly impedes its capacity to attract and retain duly qualified people;
Amendment 20 #
2010/2181(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 21 #
2010/2181(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. WelcomNotes the fact that, following the repeated request from the Internal Audit Service (IAS), the Court of Auditors and the discharge authority, an ex-post check on appropriations used to finance private expenditure was finally carried out by thean external company ‘Moore Stephens’;
Amendment 22 #
2010/2181(DEC)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that the figures provided, where available, by report 10/0257/KA on the reimbursement of private expenditure are far below the aforementioned figures disclosed by the external audit report;
Amendment 23 #
2010/2181(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges alsoDeplores the fact that due to the passage of time and weaknesses in the financial management, monitoring and reporting at the College at the time leading up to the 2007 audit, the external auditor was not able to give an absoluteconfirm this quantification of the appropriations irregularly used; notes, therefore, that the external auditor considered it more important to place the emphasis of the audit on the recoveries made and the potential for further recoveries;
Amendment 24 #
2010/2181(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that the responsibilities regarding the appropriations used to finance private expenditure have been well-established; deplores consequently the fact that the College's Governing Board did not respond properly to the former Director's managerial failings, out of concern not to harm the Agency's image; considers it unacceptable that the Governing Board decided not to take disciplinary action mainly because of the possibility of legal action by the former Director;
Amendment 25 #
2010/2181(DEC)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Reiterates, therefore, its position that the Governing Board of the College must be held responsible and suggests that changes be made to prevent this situation from recurring in future; calls again for a reconsideration of the position of the Commission to grant it the right to vote and to constitute a blocking minority on decisions concerning the budgetary, financial and administrative management of the Agency within the Governing Boards of the College and of the other Community agencies;
Amendment 26 #
2010/2181(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomNotes the College'’s initiative of providing to the discharge authority the final assessment Report of the IAS on the implementation of the Multi-Annual Plan (MAP) 2010-2014 of the College; considers this a sign of transparency and a best practice to be followed by all other Agencies;
Amendment 27 #
2010/2181(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that the MAP was approved by, upon the request of the discharge authority, the College'’s Governing Board fin May 2010 upon the request of the discharge authority; welcomally approved the MAP in May 2010; notes also the fact that by the end of September 2010, 19 of the 44 milestones had been completed whereas 18 milestones were on course with regard to the planned timetable and 7 milestones still await the initial start of implementation;
Amendment 28 #
2010/2181(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. AcknowledgesIs concerned that in its Final Assessment Report on the implementation of the College'’s MAP for 2010-2014, the IAS found a lack of clarity in the description of some items in the MAP and overlap between some of its milestones; stresses, therefore, that the progress reporting is not always accurate enough to allow a clear understanding of what the individual milestones imply in terms of concrete actions and it makes it difficult to assess the ultimate overall status of the related actions;
Amendment 30 #
2010/2181(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes the reply of the College that, if after an internal investigation it could be concluded that personal accountability can be established, it would definitely take the necessary measures in accordance with the applicable regulations;
Amendment 31 #
2010/2181(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recalls that the progression of the College in implementing the MAP is primarily linked to its capacity in recruiting and retaining qualified staff experienced in financial and accounting matters;
Amendment 33 #
Amendment 34 #
2010/2181(DEC)
Proposal for a decision
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Notes the opinion developed by DG Justice, Freedom and Security in its 2009 Annual Activity Report on the College's structural problems; calls again into question the capability of the College to overcome the following problems: - the College cannot apply the complex EU financial and staff regulation given its limited mission and corresponding small size; - the location of the College's secretariat, in Bramshill, some 70 Kilometres from London, which is a disadvantage, inter alia, as regards recruitment and public transport links; - the College's governance costs which are very high as compared to its activities, given that while employing only 28 staff, the College had a 27-member Governing Board during 2009;
Amendment 35 #
2010/2181(DEC)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. a. Notes that the College and Europol are two Community bodies evolving in similar intervention fields and are performing complementary activities; believes that if these activities were brought together under a common agency unnecessary additional costs would be avoided; recalls that the Union budget shall be based on a sound financial management requiring the spending to be relevant, effective, and efficient and unnecessary expenditures to be properly addressed; b. Recommends, therefore, merging the College within Europol in the near future; is convinced that the merger will engender greater rationality and efficiency in expenditure; is convinced that the cost of keeping the College and Europol separate would be higher than the cost of a merger; welcomes, therefore, the Commission's proposal that Europol could take over the training role of the College; regrets that the Member States rejected this proposal and calls for a reevaluation; c. Is confident that merging the College within Europol will be beneficial in terms of the activities performed currently by the two agencies; believes that a merger will not only provide concrete solutions to the aforementioned College's structural and chronic problems but will also enable the College to benefit directly from Europol's expertise regarding international organised crime and terrorism in order to fulfil its mission of providing training for senior police officers; believes that through the merger Europol will benefit from the network as well as the training expertise of the College, and will take advantage of having a unit focusing solely on training- related issues on its premises ; d. Calls on the Council and the Commission to provide the European Parliament with a report on the merging of the College within Europol by the end of 2011;
Amendment 2 #
2010/2178(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates its demand on the Authority to take appropriate measures in case of conflicts of interest; invites the Authority to initiate an investigation on potential conflicts of interest of its leading scientists, board and panel members, so that possible omissions in the declaration of interest can be detected and followed by action in a timely manner;
Amendment 1 #
2010/2173(DEC)
Proposal for a decision on discharge
Citation 11 a (new)
Citation 11 a (new)
- having regard to the final follow-up report on the audits of 2009, 2008 and 2006 of the IAS on the Agency,
Amendment 5 #
2010/2173(DEC)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Agency’s budget is financed both from the Union budget, which accounted for 18.52% of total revenue in 2009, and, to a greater extent, from fees paid by pharmaceutical companies, and whereas the Union’s general contribution consequently decreased by 9.2% between 2008 and 2009;
Amendment 7 #
2010/2173(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges receipt of a letter of the Chair of the Agency's Management Board of 17 June 2011 in which it is stated that the Agency has taken actions to address the 2009 shortcomings; also takes note of the documents and annexes received byfrom the Agency in response to Parliament's abovementioned resolution of 10 May 2011; regrets, however, that not all the information requested was submitted;
Amendment 7 #
2010/2173(DEC)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Is seriously concerned with the Agency'’s replies to significant issues raised by the Court of Auditors and the Internal Audit Service, such as:
Amendment 8 #
2010/2173(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 10 #
2010/2173(DEC)
Motion for a resolution
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Notes, in particular, that the Agency should continue to inform the discharge authority onUnderlines that the discharge authority will continue to carefully monitor during the upcoming discharge procedures the level of implementation of the measures undertaken to address the Agency's serious weaknesses disclosed by the reports from both the Court of Auditors and the IAS; expects, therefore, the Agency to inform the discharge authority on the actions implemented and their results and to submit the documents requested, especially with regard to the following issues:
Amendment 10 #
2010/2173(DEC)
Motion for a resolution
Paragraph 2 – point iii
Paragraph 2 – point iii
iii. potential deficiencies in staff/experts' recruitment which could not only lead to disqualification of competent candidates and/or recruitment of less qualified candidates but also might have adverse effects on the quality of the Agency’s scientific assessment work and, consequently, on public health;
Amendment 11 #
2010/2173(DEC)
Motion for a resolution
Paragraph 5 – subparagraph 1 a (new)
Paragraph 5 – subparagraph 1 a (new)
takes note therefore, that the Agency again failed to comply with various requirements of the relevant procurement regulations;
Amendment 12 #
2010/2173(DEC)
Motion for a resolution
Paragraph 3 – point a
Paragraph 3 – point a
a. the process of the adoption by the Governing Board of anthe action plan to remedy the shortcomings in the procurement procedures to be drafted by the Agency's Executive Director, in cooperation with the IAS and the parent directorate-general (DG) of the Commissionwith specific measures and a timetable for implementation to remedy the shortcomings in the procurement procedures,
Amendment 12 #
2010/2173(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Agency to set up a multi- annual procurement plan which shall ensure stronger technical and procedural controls and to report to the discharge authority on this matter by 30 June 2011;
Amendment 13 #
2010/2173(DEC)
Motion for a resolution
Paragraph 3 – point b a (new)
Paragraph 3 – point b a (new)
ba. the submission of the IAS reports;
Amendment 13 #
2010/2173(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Agency to ensure that the results of procurement procedures are verified before contracts are awarded; expects that detailed technical specifications shall always be prepared, in view of the Court of Auditors’ findings;
Amendment 14 #
2010/2173(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the information received relating to the control system which sets out to avoid or detect in time the persistent errors in procurement procedures; accordingly reminds the Agency to continue improving the quality of itsexpects to receive the multi-annual procurement systemplan;
Amendment 16 #
2010/2173(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expects the Agency to prudently manage its longstanding policy of entering into a forward foreign exchange contract in order to hedge part of its administrative budget against unfavourable fluctuations in the sterling exchange rate; points out that even though this is a recurrent observation made by the Court of Auditors no concrete action has been taken to date by the Agency; accordingly, calls on the Agency to consider reassessing its treasury policy in the light of the losses and risks incurredexpects the Agency to manage such transactions to avoid exchange losses, such as those in 2009 of EUR 900 000; points out that this is a recurrent observation made by the Court of Auditors;
Amendment 17 #
2010/2173(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note of the Agency's replies on the compliance with its Code of Conduct by setting out principles and guidance on independence and confidentiality applicable to the Management Board and members of committees, experts and the Agency's staff; accordingly expects the Agency to assess thoroughly, before the allocation of project team leaders to products, whether the interests declared by staff members might influence their impartiality and independence; expects that the Agency's documents on the conflicts of interest will be updated;
Amendment 18 #
2010/2173(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes from the Agency that the treasury policy has been revised, adopted and formally approved by the Agency’s Audit Advisory Committee; calls on the Agency to provide Parliament with an overview of the implementation of the revised treasury policy before 30 June 2011;
Amendment 19 #
2010/2173(DEC)
Motion for a resolution
Subheading after paragraph 11
Subheading after paragraph 11
Amendment 20 #
2010/2173(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onUrges the Agency to apply the relevant rules effectively , and to assess the independence of experts before those experts participate in any evaluation of human medicines;
Amendment 22 #
2010/2173(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Agency to continue to inform the discharge authority on actions taken on issues relating to the effective compliance with its Code of Conduct as regards the management of conflicts of interest;
Amendment 22 #
2010/2173(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note of the transfer of the Agency’s Director to a consultancy that advises, among others, pharmaceutical companies on developing new medication and reducing the period to their market introduction; stresses that the transfer casts some doubt on the actual independence of the Agency; notes that Article 16 of the Staff Regulations grants wide discretionary power on the Management Board to allow or forbid this type of transfer; asks, therefore, that the Agency provide the discharge authority, by 30 June 2011, with a report that lists all comparable cases that have occurred since the creation of the Agency and explains thoroughly the Management Board's decision in each case;
Amendment 23 #
2010/2173(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. UrgesConsiders it unacceptable that the Agency is noto complying effectively with its Code of Conduct by setting out principles and guidance on independence and confidentiality applicable to the Management Board and committees'’ members, experts and Agency'’s staff; calls on, also,expects the Agency to assess thoroughly, before the allocation of Project Team Leaders to products, whether the interests declared by staff members might influence their impartiality and independence; urges, in addition, the Agency to document and assess its controls and file the relevant allocation decisions;
Amendment 24 #
2010/2173(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note of the Agency's reply in which it is stated that it has corrected the deficiencies identified by the IAS for contract agent selection and that revised work instructions and templates have been put in place and the staff have received specific training; accordingly calls on the Agency to keep the discharge authority updated on the level of implementation of these actions; looks forward to receiving the same assurance from the Court of Auditorsthe 2010 report of the Court of Auditors to establish whether the assurance from the Agency is well founded;
Amendment 25 #
2010/2173(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the Agency's reputation could be affected in cases where evaluations can be challenged on the grounds of possible conflict of interests; notes that the Agency is alleged to bear some responsibility for the benfluorex health scandal in France, through the systems it has in place for the provision of scientific advice in respect of human medicines, and that concerns are being raised in some quarters about a possible conflict of interests;
Amendment 26 #
2010/2173(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Agency to inform the discharge authority of the steps it has taken to ensure the independence of its experts since its inception;
Amendment 27 #
2010/2173(DEC)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Wonders why the Court of Auditors’ reports since 2006 on the Agency’s annual accounts make no mention of any deficiencies with regard to the assessment of experts’ independence;
Amendment 32 #
2010/2173(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls ononsiders it unacceptable for the Agency to ensure thatallow the information included in the product files to support the procedure underpinning the authorisation of its files on human medicines is to be incomplete; urges, in this respect, the Agency to guarantee that key information is easily retrieved and all relevant guidelines on the filing system are in place;
Amendment 33 #
2010/2173(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls, moreover, on the AgencyAsks the Agency, moreover, to complete and regularly update the European Experts Database as required by the Agency's regulation, and to keep the discharge authority informed; urges also the Agency to allow SIAMED and Product Overview databases for efficient retrieval of information;
Amendment 34 #
2010/2173(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Agency to strengthen its recruitment process and ensure its documentation is correctly managed; acknowledges, in fact, that the IAS found deficiencies in this respect; stresses, also, that insufficient documentation in recruitment procedures reduces the possibility for the Agency to respond to allegations of unequal treatment of candidates and/or arbitrary decisions on recruitment of staff; considers, furthermore, that to the extent that competition is limited, resulting recruitment may not represent the optimal choice and human and that financial resources may be used inefficiently; asks the Agency to provide the discharge authority with the terms of this agreement since its inception, along with a detailed record of how it has evolved over time;
Amendment 35 #
2010/2173(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers it unacceptable that the Executive Director’s statement of assurance, dated 13 May 2010, does not mention any reservations, and is consequently not consistent with the undertaking given in the Code of Conduct adopted by the Agency in the light of the statements of assurance from the IAS and the Court of Auditors;
Amendment 36 #
2010/2173(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Points out that the Director’s report is required to contain a summary of the reports from the Internal Audit Service (IAS) to the discharge authority, including: i) the number and types of internal audits conducted by the IAS, ii) all the recommendations made (including any that may have been rejected by the Agency), and (iii) all the measures taken on the basis of those recommendations; wonders whether these requirements were fulfilled in previous years, and asks the Agency to forward the IAS’s reports since 2007 to the discharge authority by 30 June 2011;
Amendment 37 #
2010/2173(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes the Agency'’s initiative of providing the discharge authority with the IAS' Annual Internal Audit Report on the Agency; considers this a sign of transparency and a best practice to be followed by all other Agencies; at this should be the normal practice of transparency and expects that all other Agencies will follow this practice;
Amendment 38 #
2010/2173(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Acknowledges that, out of 32 recommendations of the IAS, one is ‘"critical’" on the implementing procedures involving experts and 13twelve are ‘"very important’" mainly on human resources management, on management of staff's conflicts of interest and on other procedures supporting the provision of scientific evaluation for human medicines in the Agency; calls, accordingly, ontherefore, on the Agency to inform the discharge authority about the precise content of these recommendations without delay; urges the Agency to rapidly implement the IAS recommendations and informto provide the discharge authority of withe action taken; call complete overview of measures taken and implemented to properly address these recommendations by 30 June 2011; asks, in addition, on the Court of Auditors to monitor and inform the discharge authority of the efficiency of the measures taken;
Amendment 39 #
2010/2173(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Acknowledges that, out of 32 recommendations of the IAS, one is "critical" on the implementing procedures involving experts and 13 are "very important" mainly on human resources management, on management of staff's conflicts of interest and on other procedures supporting the provision of scientific evaluation for human medicines in the Agency; calls, accordingly, onurges the Agency to rapidly implement the IAS recommendations and inform the discharge authority of the action taken; calls, in addition, on the Court of Auditors to monitor and inform the discharge authority of the efficiency of the measures taken;
Amendment 42 #
2010/2173(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls onUrges the Agency's Director, in cooperation with the IAS, to undertake a thorough verification of the effective use of the existing procedures regarding the identification and management of conflicts of interests for its staff and experts and to communicate the results to the discharge authority by 30 June 2011;
Amendment 45 #
2010/2173(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Agency, therefore, to inform the discharge authority by 30 June 2011 of the measures taken and the improvements made in respect of all these areas of concern;
Amendment 1 #
2010/2154(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of dissuasion and prevention in the fight against terrorism and supports in this only the use of legitimate means, which are necessary in a free and open democratic society; recalls that the confidence of citizens in their institutions is essential and that there must therefore be a fair balance between the need to ensure security and a guarantee of fundamental rights and freedoms;
Amendment 13 #
2010/2154(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that the use of body scanners must comply with Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
Amendment 23 #
2010/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 32 #
2010/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for every body scanner to meet a minimum set of technical requirements before it can be placed on a permissible screening methods list; these requirements should inter alia ensure the prevention of any possible health risk, including long- term risks; calls in this regard for any form offull x-ray technology to be explicitly excluded from the permissible screening methods list, when it does not meet existing EU health standards; in this regard, particular attention should be given to vulnerable people;
Amendment 47 #
2010/2154(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that every personassenger should have the right to refuse a body scan, without the obligation to give any explanation, and the right to request a standard security check; in case of refusal, the person concerned should undergo a standard security check, that should guarantee the same level of security, with full respect for the rights and dignity of that person; calls in this regard for all security personnel to receive proper, and extensive training;
Amendment 56 #
2010/2154(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that refusal to undergo a body scan should not constitute ipso facto any suspicion of the person concerned and that, in the procedure before being submitted to a body scan or related to the refusal of a body scan, any form of profilingdiscrimination based on, for example, sex, race, colour, ethnicity, genetic features, language, religion or belief is unacceptableshould be prohibited;
Amendment 62 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for peopleassengers who are willing to be submitted to a body scan to be properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check; stresses that information to the traveller about the body scan should be provided not only at the time of the booking by the airline or on the airport website but also at the screening point;
Amendment 64 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check; recalls that the training of airport security personnel is a basic necessity;
Amendment 68 #
2010/2154(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the importance of penalties for any instances of misuse of body scanner images;
Amendment 73 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screening method should be extensively justified in an impact assessment covering inter aliashowing what the real added value of this kind of initiative would be; insists in this regard on the importance of calculating the cost of investment, maintenance and management which would be incurred by installing and using body scanners; recalls that the impact assessment must also cover the fundamental rights aspect of body scanners and, the possible health risks – particularly for vulnerable persons – and the protection of personal data, taking into account the opinions of the European Union, international and national human rights and data protection authorities, such as the EDPS, the Article 29 Working Party, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering Terrorism;
Amendment 75 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screening method should be extensively justified in an impact assessment covering inter alia the fundamental rights aspect of body scanners and the possible health risks, taking into account the opinions of the European Union, international and national human rights and data protection authorities, such as the EDPS, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering Terrorism; considers that such a proposal should also foresee a long term monitoring and evaluation on body scanners, taking into account the development of new technologies;
Amendment 79 #
2010/2154(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that the decision to use body scanners in airports should not be mandatory for Member States; stresses that if a Member State chooses to deploy body scanners in its airports, those body scanners should meet the minimum standards and requirements set at EU level;
Amendment 80 #
2010/2154(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission and Member States to raise the issue of the use of body scanners in the appropriate international bodies, as fight against terrorism is a global challenge and aviation security has to be pursued beyond European borders;
Amendment 83 #
2010/2154(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that those Member States which decide to use body scanners should be able, under the principle of subsidiarity, to apply more rigid standards than those defined in the European legislation on the protection of citizens and their personal data;
Amendment 10 #
2010/2151(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines once more, that the Tenth EDF should focus on a limited number of areas, while involving non-governmental organisations (NGOs) that are effective at local level and who are of crucial importance for sustainable development, in order to avoid the harmful effects arising from the proliferation of objectives; calls on the Commission to make wise use of local- and European-based NGO's, in particular when management of projects and programmes by NGOs and international organizations (Multi-Donor Trust Funds) is more efficient and cost- effective than management by the Commission;
Amendment 12 #
2010/2151(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Special Report No 18/2009 of the Court of Auditors on the Effectiveness of EDF support for Regional Economic Integration in East Africa and West Africa and the thorough analysis carried out by the Court of Auditors, and deplores the unsatisfactory situation revealed therein; stresses nevertheless its concern at the lack of complementarity between the Commission's regional and national cooperation strategies and emphasises that bringing regional and national strategies in line with one another is essential to increase the effectiveness of the aid provided;
Amendment 13 #
2010/2151(DEC)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Is deeply concerned about the insufficient absorption capacity of regional organisations; urges the Commission, during the mid-term review of the regional strategies foreseen for the first half of 2011, to take account of the regional cooperation situation and to pay special attention to the possibility of revising the amounts allocated;
Amendment 14 #
2010/2151(DEC)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Finds it nevertheless unacceptable that the Court of Auditors, through a lack of proper reporting, was "unable to assess" a number of projects financed;
Amendment 15 #
2010/2151(DEC)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Takes the view that the Union should be represented in each Regional Organisation by a specifically assigned Head of Delegation and that Union delegations should be mandated to discuss the aligning of membership in different regional groupings;
Amendment 16 #
2010/2151(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines that, in its Special Report No 18/2009, the Court of Auditors assessed EDF support for regional economic integration in East Africa and West Africa, to which a considerable proportion – over 50% – of EDF funding was allocated, as only partially effective; asks the Commission to inform Parliament about the measures being taken following the requests formulated by the Parliament in its resolution of 5 May 2010 accompanying its Decision on discharge to the Seventh, Eighth, Ninth and 10th EDFs, before the start of the discharge procedure 2010; would also welcome a complete overview showing which of these measures have been implemented effectively in the regions concerned;
Amendment 17 #
2010/2151(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Draws the Commission's attention to the fact that, in view of the rules applicable under the 10th EDF,oes not agree with the use of accrued interest on EDF treasury accounts (including transfers from the period 2001- 2007), which is estimated at EUR 34 000 000, should in no way be used to cover staff expenditure and can only be earmarked for support expenditurebut considers that it should only be used for expenditure for projects and programmes; asks the Commission to explain what happenedwas the policy in the past and, if necessary, to make proposals to amend the regulation in force in line with this principle without delay;
Amendment 1 #
2010/2146(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the audit strategy of the Court of Auditors for the period 2009 to 2012 and supports its priority goals (maximising the overall impact from its audits and increasing efficiency by making best use of resources), and expects the Court of Auditors to report on the steps taken to implement this audit strategy as well as to demonstrate the progress in this direction using the Key Performance Indicators (KPI), in particular with the introduction of KPI 1 to 4 in 2010; particularly welcomes the plan to publish follow-ups in respect of the special reports to increase their impact;
Amendment 6 #
2010/2146(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Court of Auditors to continue and broaden this practice, in particular, to consider performing an in- depth assessment of supervisory and control systems in the Council; also encourages the Court of Auditors to consider the possibility of making use of new and innovative ways to perform the audit, including the new products mentioned in the 2009 - 2012 audit strategy, and, by doing so, to explore the possibilities of further improving the output and effectiveness of auditing;
Amendment 9 #
2010/2146(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that a deeper reflection on the news that recently appeared in the media should be carried out in order to reassert, once more, the objectivity and impartiality of the auditIs concerned about the declarations formulated by a former member of the Court of Auditors that recently appeared in the media; is troubled by the successive shifts in position made by that former member of the Court of Auditors from his initial declarations; recalls that independence, integrity, impartiality, excellence and professionalism are the core values of the Court of Auditors, as well as to dissipate any possible doubt cast on its professionalism and independence; nd that its legitimacy for both auditees and European citizens rests on those aforementioned values; considers that a deeper reflection on the aforementioned issue, with the presence of all the parties involved, should be carried out to evaluate the pertinence of those declarations and to take, if need be, the necessary steps in order to reassert the objectivity and impartiality of the audits of the Court of Auditors;
Amendment 12 #
2010/2146(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Commends the Court of Auditors for the quality of its annual activity report.; nevertheless wonders why, unlike in previous years, missions to non-Member States were not reported per country in 2009;
Amendment 6 #
2010/2144(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Strongly believes that it is necessary to set up a reliable, long-term system of cooperation between the Parliament and the Council on the discharge procedure on a mutually acceptable basis; repeats its position to replace the 'gentlemen's agreement' with a formal agreement that takes account of the Union's principle of taking decisions "as openly as possible" (Article 1 of the Treaty on European Union);
Amendment 22 #
2010/2144(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 28 #
2010/2144(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the Reflection Group was established on 14 December 2007, and its members appointed on 15-16 October 2008; however, also notes that the necessary financing was not foreseen and included in Budget 2009, as a result, the amount of EUR 1°060°000 from the contingency reserve was used to finance a structure conceived in 2007; asks how many posts can be allocated to the Reflection Group, and whether the Parliament may receive the report of the Reflection Group;
Amendment 30 #
2010/2144(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the Council has again used underspending on interpretation to provide extra financing for delegations‘' travel expenses, while 2009 commitments for travel expenses already amounted to considerably less than the initial budget (EUR 36,1 million initial and EUR 48,1 million available after transfer vs. 22,7 million committed); invites the Council to explain the reasons for this EUR 12°000°000 transfer, as well as the use of the remaining amount transferred from interpretation (total amount transferred was EUR 17°798°362); in addition, asks the Council to explain the large amount of recovery orders made before 2009 and carried over to 2009 (EUR 12°300°000 ) as well as recoveries made from declarations relating to 2007 (EUR 6°300°000);
Amendment 32 #
2010/2144(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that in 2009 the Council, as it did in 2008, re-allocated a considerable amount of its budget to buildings, specifically, more than doubling the initial allocations to the acquisition of the Residence Palace Building (reallocated EUR 17.8 million in addition to EUR 15 million earmarked in the budget for 2009); invites the General Secretariat of the Council to provide concrete figures of the savings achieved as a result of this, as well as the total costs of the Residence Palace Building as initially planned, and questions whether the projected amount will be reached or could the cost be higher than estimated;
Amendment 34 #
2010/2144(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Takes note of the budgetary constraints many Member States face as a result of the financial and economic crisis and the need to critically review savings potentials at all levels, including at Union level; in light of this situation, stresses that real savings could be achieved if the Parliament would temporarily hold its activities in only one seat; calls on the Council to analyse this matter and make a decision;
Amendment 2 #
2010/2143(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that, in its resolution of 5 May 2010, on discharge to Parliament for the financial year 2008, Parliament deplores the great number (88 out of 452) and significant proportion of outstanding actions in respect of the audit carried out by the Internal Auditor on the internal control framework; notes with satisfaction the replies by the Secretary-General to the discharge questionnaire according to which, in the opinion of the Directors General, considerable progress took place in the implementation of the action items adopted by them: by the end of 2010 they considered 51 actions to have been fully implemented (including all of the 4 critical actions), 31 actions to have been partially implemented, whilst for 6 actions most of the work still needed to be done; requests however that the assessment and validation by its Internal Auditor of these self- assessments be included in its forthcoming annual report; also requests the Secretary- General to report on a three-monthly basis to the Committee on Budgetary Control by 30 September 2011 on all outstanding actions;
Amendment 5 #
2010/2143(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that DG ITEC was the most concerned, with 22 open actions; notes with satisfaction that, according to the Internal Auditor, the Directorate for Information Technology within DG ITEC, has implemented 19 of the 22 open actions and, in the process, has made significant progress in developing its control framework; encourages all its Directorates general concerned to continue their efforts to improve their respective management and control procedures, calls on the Internal Auditor to set stricter timetables on actions to be implemented;
Amendment 7 #
2010/2143(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that 2009 was the first year of implementation for the Statute for Members of the European Parliament and for the Statute for Accredited Parliamentary Assistants; observes a certain number of initial problems with the implementing measures for the Assistants' Statute, welcomes however the fact that a Temporary Evaluation Group, set up within the Bureau, on the Members' and Assistants' Statutes has proposed amendments to the implementing measures for the Members' Statute concerning (i) Members' travel, (ii) Members' sickness insurance and reimbursement of medical expenses, (iii) travel by assistants on mission, (iv) duration and renewal of assistants' contracts, (v) assistants' professional training, and (vi) rules concerning Members' trainees as well as other amendments to the Assistants' Statute, in particular on (i) use of the parliamentary assistance and general expenditure allowances, (ii) paying agents, and (iii) revision of the complaints and appeals procedure for Members; observes that, despite the amendments proposed by the Temporary Evaluation Group, various issues remained to be solved in 2010, including the unsuccessful search for a paying agent, the conflict with sickness expenditure and the employment of family members;
Amendment 14 #
2010/2143(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the significant increase in the workload registered by the administration, relating to the entry into force of the new Statutes; notes with concern the more complicated procedure as regards accredited assistants' missions outside the three places of work and considers that, in spite of considerable increase in staffing, there are insufficient staff members in the Members' service and the services dealing with assistants and requests, therefore, the redeployment by the administration of additional staff in order to cope with the increased workload; requests, moreover, that an evaluation/assessment comprehensive evaluation covering changes in staff as well as the development of expenditure in all areas concerned be made and forwarded to its competent committees by 30 September 2011 on the experience gained of the implementation of the two Statutes following the first full year of their implementation, as well as on their financial implications for Parliament's budget;
Amendment 26 #
2010/2143(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Finds it astonishing that around 900 people work in Parliament's security services, most of them as external contract staff and also points to the steady increase in total security costs (somenotes that while overall security costs have increased by more than 30% since 2004 (up to EUR 43 000 000 in 2009), the costs for technical equipment for security have decreased by about 10% in the same time period; requests, in the light of recent security incidents, the overhaul of these services in order to increase their efficiency;
Amendment 28 #
2010/2143(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes in this respect the establishment, from 1 January 2010, of a new Directorate in charge of Security and requests the newly established Directorate to conduct an in-depth review of Parliament's security policy and to work on proposals to adopt security solutions for Parliament which are more technology- oriented and cheaper , resulting in considerable savings in terms of staff and budgetwould like to be informed on progress made;
Amendment 59 #
2010/2143(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the more structured approach to ICT and the elaboration of a comprehensive strategy in this field; further welcomes the commitment by its administration in its answers to the questionnaire to launch a study on the possibility of replacement of external staff;
Amendment 60 #
2010/2143(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls therefore on DG ITEC to scrupulously implement the action plan agreed with the Internal Auditor and to aim to achieve an adequate mix of Parliament staff and external resources as well as an appropriate balance between internal application development and deliverables- based contracting; takes note of the lack of qualified candidates on EPSO lists in the field of IT security; supports also the suggestion to urgently organise separate AD7 competitions in this field;
Amendment 63 #
2010/2143(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that, for Parliament, the increasing use of external companies for implementing IT projects, in addition to being financially detrimental, runs the risk that it will lose important parts of its know-how as well as its ability to manage and supervise projects delivered by external contractors; demands DG ITEC to provide information on the costs of externalising the computing centres in comparison to previous costs in its activity report for 2010;
Amendment 64 #
2010/2143(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is concerned to see the continuing upward trend in the number of exceptional negotiated procedures and reiterates its call to the Secretary-General and the Authorising Officers by delegation to take effective and efficient measures in order to reverse that trend and to report to its competent committee by 30 September 2011 on the measures taken ; further urges its administration to continue the strict scrutiny of these procedures, in particular with respect to possible conflicts of interest, and to apply intensified and dissuasive sanctions for any irregularity found;
Amendment 75 #
2010/2143(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes that, currently, each Director- General (Authorising Officers by delegation) prepares his/her own Annual Activity Report, and that no overall Activity Report for the Institution as a whole is drafted and adopted; invites the Secretary-General to consider issuing a more readable, consolidated version (a summary) of the Annual Activity Reports for the 2010 discharge procedure, as is already the case with other institutions; takes the view that the report on budgetary and financial management is distinct from the suggested synthesis of annual activity reports;
Amendment 77 #
2010/2143(DEC)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Stresses that the value of procurement contracts amounts approximately to a third of Parliament's overall budget and that public procurement is the area most vulnerable to mismanagement, fraud and corruption; therefore repeats its request to regularly evaluate the procurement systems and in particular to perform internal controls of the contracts awarded in negotiated and restricted procedures;
Amendment 78 #
2010/2143(DEC)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Asks the Secretary-General to report whether the increase of the ceiling for low-value contracts from EUR 25 000 to EUR 60 000 in 2007 has facilitated access by small companies as intended without substantially weakening scrutiny of the procurement process; notes that these contracts made up only 0,76 % in value but 39,29 % in number of the total contracts awarded;
Amendment 79 #
2010/2143(DEC)
Motion for a resolution
Paragraph 41 – introductory part
Paragraph 41 – introductory part
41. Notes in particular the steady increase in 2009 (although at a slower pace than in 2008 as compared to 2007) in the number of exceptional negotiated procedures as shown in the following breakdown; expects that this trend will be substantially reversed in the coming years;
Amendment 82 #
2010/2143(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes with satisfaction the replies ofat, in 2009, Parliament's administration to the effect that, in 2009, a campaign was launched in order to verify whether the benefithas updated its information ofn the household allowance to personnel not having dependent children was still justified and that it now proceeds to a regular verification of the situation of its staff and that,and consequently recovered EUR 75 583 of incorrect or undue payments; urges the administration to complete the verification of all the information on social allowances and the necessary recoveries; in this respect, welcomes, that from 2010, this verification was automated (through use of a ‘'fiche électronique’') which makes at least an- annual verification of the staff personal and administrative data possible;
Amendment 88 #
2010/2143(DEC)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Recalls its request, in its resolution of 5 May 2010, that the Secretary-General contact the other EU institutions in order to establish a central database for the studies that they are conducting which iand to make these studies also available for consultation by the wider public; encourages its Secretary- General to follow up on this request, in particular by proposing to the Commission that that institution establish such a central database; requests to be duly informed of this initiative, expects, in the meantime, that the studies conducted by Parliament are published in full on Parliament's website;
Amendment 91 #
2010/2143(DEC)
Motion for a resolution
Paragraph 55 a (new)
Paragraph 55 a (new)
55a. Is of the opinion that the internal audit reports should be made available, under specific conditions, to the Members of the Committee on Budgetary Control; urges the Chair of that committee to agree with the Secretary-General on those conditions;
Amendment 93 #
2010/2143(DEC)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Stresses the fundamental importance of specific knowledge management, in particular in the work of the committees, and the need for permanent and up-to-date knowledge in their fields of operation; recalls the high number of newly elected Members in recent parliamentary terms; asks the Bureau to reflect on the possibility of providing further specific information and training for Members including specific measures for the new "Lisbon" Members and the future "observer" Members from Croatia;
Amendment 94 #
2010/2143(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Welcomes the establishment of a support system for the security of delegations outside the three places of work of which the main objective is to furnish Parliament's hierarchy with all the relevant information needed to provide assistance to delegation members in case of an emergency situation; points out the importance of the 24/7 Hotline, the post of Security Unit Duty Officer and appropriate security training and security briefings, as well as the creation of a future crisis cell; would like be informed on the total costs of this operation;
Amendment 101 #
2010/2143(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Deplores the very long delay in the opening of the Visitors' Centre (originally foreseen for the 2009 European elections) and the poor planning and insufficient support in the start phase from the administration; notes the opening date that is currently envisaged of October- November 2011; reiterates its request for a detailed explanation of the specific reasons, including a detailed analysis of the procurement procedures, for such a considerable delay and the precise increase in the cost of the project;
Amendment 106 #
2010/2143(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Would like to be informed about the total cost of the House of European History and requests the Secretary General to provide information on which measures will be taken to cope with the expected large increase of visitors for both projects in terms of parking space (busses, cars) and easy access to the Dalle;
Amendment 128 #
2010/2143(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Deplores the fact that the employment of family members as assistants is still permitted under the derogations to the Members' Statute adopted by the Bureau at its meeting of 23 November 2009; urges the administration to scrupulously assess the justification for the remaining cases of such employment;
Amendment 131 #
2010/2143(DEC)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Stresses the need to further rationalise the missions between the three working places, justifying and monitoring them better in order to avoid unnecessary missions and costs, and in particular to take account of the forthcoming results of the Internal Audit Service's controls in the area of parliamentary assistance;
Amendment 133 #
2010/2143(DEC)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Is of the opinion that facilities within Parliament's buildingservices which are not required in connection with the Institution's activities but which are provided within Parliament's buildings by profit-orientated companies must be economically self- supporting and should not be financed directly or indirectly with subsidies from Parliament's budget; , any exceptions for imputed costs must be shown separately; in the budget and be duly motivated;
Amendment 143 #
2010/2143(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Notes that Parliament has a contract with only one travel agency and sees a certain risk that such a monopolistic situation might prevent Members and Parliament obtaining the best available prices; asks DG Finance to report on the development of prices charged by the new contractor as well as on complaints in connection to the transition from Carlsonwagonlit to BCD in its activity report for 2010; does not agree with the staff increase and additional payments of EUR 34 000 for 2010 shortly after the conclusion of the contract in December 2009; requires that, in future contracts, incentives be included to guarantee the lowest price for tickets;
Amendment 144 #
2010/2143(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Calls on the Secretary General to commission a study on reducing travel cost for Members and staff exploring, for example, the possibility of annual block bookings with airline companies instead of individual bookings and purchase of tickets or using tendering procedures for annual flight contracts; furthermore, calls for a system to be developed to use the collected airmiles on flights reimbursed by Parliament to further reduce costs;
Amendment 146 #
2010/2143(DEC)
Motion for a resolution
Paragraph 95
Paragraph 95
95. Stresses, moreover, the need for the parties and foundations to have a system of standard external auditing instead of the current free choice in the appointment of external auditors, as well as the need for the Parliament's administration to strictly apply accounting rules in particular on contributions in kind, carry-overs and reserves; welcomes, therefore, the recent decision by the Bureau that an external auditor for the parties and the foundation will be provided and paid for by Parliament;
Amendment 151 #
2010/2143(DEC)
Motion for a resolution
Paragraph 99
Paragraph 99
99. STakes note of the budgetary constraints many Member States face as a result of the financial and economic crisis and the need to critically review potential savings at all levels including at Union level; in light of this situation, stresses that real savings could be achieved if Parliament only had one seat; indeed, in the report of the Secretary- General on Parliament's preliminary draft estimates for 2011, the estimated annual cost arising from the geographical dispersion of Parliament has been estimated at around EUR 160 000 000, accounting for about 9% of Parliament's total budget; draws the attention to the fact that currently the decision to change this situation - and to make some EUR 160 000 000 of savings annually as well as to considerably lessen Parliament's carbon footprint - lies exclusively with the European Council (Member States);
Amendment 1 #
2010/2142(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that, in the Court of Auditors report on the implementation of the budget for the financial year 2009, the Court states that ‘the payments for the year ended 31 December 2009 for External aid, Development and Enlargement were affected by material error and’; is concerned about the fact that the errors concernare related to eligibility and irregularities in procurement procedures, which are the areas most vulnerable to mismanagement and fraud;
Amendment 4 #
2010/2142(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the fact that the Commission has spent EUR 396 000 000 between 2007 and 2010 to support accession candidate countries in their efforts to improve judicial systems and the fight against corruption as well as the progress made in this regard; nevertheless cautions against being too optimistic and asks the Commission to provide evidence that this money was spent efficiently and state whether improved control structures actually lead to increased sanctions against corrupt actors, including in high-profile cases, whether laws are fully implemented and whether reforms are sustained;
Amendment 5 #
2010/2142(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes note of the increasing use of joint management in the Food Facility and invites DG ECHO to report on its experience with the implementation of the Food Facility in its annual activity report for 2010;
Amendment 42 #
2010/2142(DEC)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. Whereas various measures decided in 2008, such as the EUR 1 000 000 000 Food Facility, the speeding-up of payments of the Structural Funds through the European Economic Recovery Plan and the extension of the eligibility period for various programmes into 2009 presented a challenge for budgetary control in 2009 and beyond;
Amendment 52 #
2010/2142(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that in the present understanding of ‘shared management’ most of the management functions are carried out by national bodies not directly accountable at Union level and over which the Commission has nonly very limited authority;
Amendment 75 #
2010/2142(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 84 #
2010/2142(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes thatWelcomes the Court of Auditors concludes that reliable annual information about the overall effects of corrective mechanisms is not available, partly because' finding that the Commission presents complete information on its recoveries and financial corrections; deplores, on the other hand, the fact that the Commission does not always receive complete and reliable information from the Member States;
Amendment 86 #
2010/2142(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites the Member States to improve their systems for reporting corrections to the Commission, and the Commission to refine the financial reporting guidelines to ensure that all relevant information about the operation of the multi-annual correction mechanisms is appropriately disclosed in the accounts; further asks the Commission to keep Parliament informed on its efforts to verify the work of the national audit authorities;
Amendment 88 #
2010/2142(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that unspent Union funds should not be returned to the Member States if a Member State has not paid back to the Union amounts incorrectly received and invites the Commission to take into account anythe Commission has to increase its implementation rate for recoveries and asks the Court of Auditors to carefully scrutinise the figures presented in the accounts for 2010 in this respect; asks the Commission to provide further suggestions on how to deal with financial corrections not yet paid by the Member States before returning unspent annual budget appropriations to the Member States; further asks the Commission to produce concrete proposals regarding the tools to increase recoveries from the final beneficiary including suspension of payments and changes to the legal framework;
Amendment 95 #
2010/2142(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that under the present system, which does not include fines and makes it possible to substitute most of the expenditure found to be ineligible by the Commission or the Court of Auditors, the Member States seem to have limited interest in developing efficient control systems that could result in a reduction of their share of Union spending, therefore repeats its opinion from the 2008 discharge, that reallocation of ineligible expenditure should only be allowed if it was discovered by the Member States themselves; further welcomes that the Commission has made use of the new possibility to immediately suspend payments and demands that suspension of payments continue to be used resolutely and consistently, making the decisions taken and the reasons for them clear to Parliament;
Amendment 97 #
2010/2142(DEC)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is aware of the fact that suspension of payments can sometimes create a trade- off with quick implementation, but is convinced that in cases where high risk is already established, reliability should take precedence over speed;
Amendment 102 #
2010/2142(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes with concern the slow pace of improvements to the financial management of Union funds; recalls that recovery orders made againstat the same time takes note of the repeated opinions of both the Court of Auditors and the Commission that the quality of management and control systems differs widely between the Member States cand be an indicator of financial management performancetween the different programmes; calls on the Commission to systematically account for these differences in control systems and to make clear evaluations available of efforts by the Member States to detect irregularities so as to make sure that those Member States detecting higher irregularities due to more onerous control systems are not discredited at any point;
Amendment 103 #
2010/2142(DEC)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that Parliament and Union citizens are ultimately interested in the residual error after closure (and therefore the money finally lost); urges the Court of Auditors and the Commission to use the closure of the 2000-2006 period to improve and reconcile the information on the relationship between the annual error rates reported in the present declaration of assurance (DAS) and the corrections made by the Commission and to make concrete proposals in this respect; asks the Court of Auditors to scrutinise the European Regional Development Fund closure audit for the 1994-1999 period reported in the Annual Activity Report of 2009 in this respect;
Amendment 104 #
2010/2142(DEC)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Agrees with the recommendation of the Council that information on recoveries, financial corrections and suspensions should be easily accessible to the public;
Amendment 135 #
2010/2142(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 153 #
2010/2142(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes the Court of Justice's decision in the combined cases of Volker and Markus Schecke (C93 and 93/09); stresses the validity of the principle of transparency under Article 30(3) of the Financial Regulation and calls on the Commission to swiftly propose substitutes to the provisions which were held invalid by the Court of Justice either in the Financial Regulation, sectoral legislation or any other act; invites the Commission to monitor the Member States' obligation to publish the data and make sure that is done in a comparable and searchable format and in at least one of the working languages of the Union;
Amendment 183 #
2010/2142(DEC)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62a. agrees with the Court of Auditors that the conformity clearance puts too much emphasis on flat-rate corrections and conformity adjustments that do not concern the final beneficiary;
Amendment 197 #
2010/2142(DEC)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Further notes that diversity of interests will, without doubt, have an influence on the effective implementation of the Member States' control obligations in so far as Union expenditure returns, at the same time,within the respective Member State and national contributions to the Union budget from the respective Member State are concerned;
Amendment 199 #
2010/2142(DEC)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68a. Welcomes, in this regard, the Commission’s Green Paper on the modernisation of EU public procurement policy - Towards a more efficient European Procurement Market; calls on Council and the Commission to finalise the adoption of the reform of the basic Union public procurement rules (Directives 2004/17/EC1 and 2004/18/EC2) by 2012; ____________ 1 OJ L 134, 30.4.2004, p. 1. 2 OJ L 134, 30.4.2004, p. 114.
Amendment 215 #
2010/2142(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Notes that the main source of error in this policy group remains the reimbursement of overstated personnel and indirect costs to research projects; further takes note of the increase in reservations concerning direct management (from 4 to 9) mainly as a result of complex eligibility criteria;
Amendment 225 #
2010/2142(DEC)
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Welcomes the fact that the Commission has started to make use of its sanctions in the area of research (34 actions, EUR 514 330 received), nevertheless, supports the IAS conclusion that a strong fraud detection mechanism is needed;
Amendment 228 #
2010/2142(DEC)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Recalls that the majority of the expenditure in this policy area is subject to direct centralised management by Commission services either from Commission Headquarters or at the Union Delegations level (‘European Union Delegations’ after the entry into force of the Treaty on the Functioning of the European Union); further takes note of the increasing use of joint management in, for example, the Food Facility;
Amendment 237 #
2010/2142(DEC)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Invites DG ECHO to improve the assessments of proposals' documentation for humanitarian aid actions (such as the introduction of standardised evaluation reports) and to report on its experience with the implementation of the Food Facility in its Annual Activity Report for 2010;
Amendment 239 #
2010/2142(DEC)
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Welcomes the fact that the Commission spent EUR 396 000 000 between 2007 and 2010 to support accession candidates in their efforts to improve judicial systems and the fight against corruption as well as the progress made in this regard; nevertheless cautions against being too optimistic and asks the Commission to provide evidence that this money was spent efficiently and whether improved control structures actually lead to increased sanctions against corrupt actors, including in high-profile cases, whether laws are fully implemented, and whether reforms are sustained;
Amendment 240 #
2010/2142(DEC)
Motion for a resolution
Paragraph 97 b (new)
Paragraph 97 b (new)
97b. Notes with concern the weaknesses identified by the Court of Auditors in the decentralised implementation system (DIS) in Croatia and Turkey; asks the Commission to report on all measures taken to address this problem and provide estimates of the amount of expenditure at risk;
Amendment 241 #
2010/2142(DEC)
Motion for a resolution
Paragraph 97 c (new)
Paragraph 97 c (new)
97c. Asks the Commission, and in particular DG ELARG, to step up its efforts to deal with the final declarations for the PHARE programme, the CARDS programme, and the transition facility and to proceed with the closure of these programmes prudently and in a timely manner;
Amendment 242 #
2010/2142(DEC)
Motion for a resolution
Paragraph 97 d (new)
Paragraph 97 d (new)
97d. Regrets the fact that a significant share of pre-accession aid is dealt with in chapters 3 (agriculture - EUR 254 000 000) and 4 (cohesion - EUR 65 000 000) of the Court of Auditors' annual report; is surprised that, unlike in previous years, the Court of Auditors' annual report does not contain information on audit visits per country for non-Union countries;
Amendment 243 #
2010/2142(DEC)
Motion for a resolution
Paragraph 97 e (new)
Paragraph 97 e (new)
97e. Regrets the fact that DG REGIO did not undertake any audit missions to Croatia in 2009 despite there being major problems with the tendering process there;
Amendment 244 #
2010/2142(DEC)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99a. Asks the Court of Auditors to provide reasons why its transaction sampling for the external aid chapter delivered a comparably low error rate (13 %), a big share of non-quantifiable errors at the level of the Union Delegations and no evidence of accuracy or occurrence errors in an area that is, by its nature, at high risk of misuse of funds; asks the Commission, and in particular the Union Delegations, to provide a clear audit trail and all other information necessary to facilitate the Court of Auditors' analysis;
Amendment 293 #
2010/2142(DEC)
Motion for a resolution
Paragraph 125
Paragraph 125
Amendment 302 #
2010/2142(DEC)
Motion for a resolution
Paragraph 128 – indent 2 a (new)
Paragraph 128 – indent 2 a (new)
- an action plan on how to better integrate and reconcile the Court of Auditors' findings on annual error rates at the beneficiary level and the Commission's work on the follow-up of those findings as well as the financial corrections and recoveries made over the whole life-cycle of the different programmes up to the closure procedure and including the identification of payments that may be subject to further verification and clearance of accounts procedures and a better follow-up of the Member States' recovery efforts;
Amendment 303 #
2010/2142(DEC)
Motion for a resolution
Paragraph 129
Paragraph 129
129. Invites the Commission to appoint a ‘performance evaluator’ withestablish clear responsibility and ownership for the preparation of the evaluation report required in accordance with Article 318 of the Treaty on the Functioning of the European Union to be endorsed by the College of Commissioners in order to establish a clear ‘ownership’ of thisand to make sure that this report is fully integrated into the Commission's existing evaluation efforts, the performance measurements that are part of the activity-based management cycle, the internal audits, and the Court of Auditors' performance audit in the special reports;
Amendment 96 #
2010/0802(COD)
Draft directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to establish the causes of violence and enhance the protection of victims, it is necessary to have statistics and comparable data on violence at Union level. To this effect Member States should collect data related to the number of European protection orders requested, issued and enforced, data related to breaches of the protection measures adopted, as well as information on the types of crimes, for example domestic violence, forced marriages, female genital mutilation, honour-related violence, abuse of the elderly, stalking and harassment and other forms of gender- based violence. In addition, data on victims of terrorism and of organised crime should be included in the data collection and all data should be differentiated by gender and forwarded every year to the Commission and to the European Parliament.
Amendment 99 #
2010/0802(COD)
Draft directive
Recital 6 a (new)
Recital 6 a (new)
(6a) This Directive should not be solely restricted to victims of gender violence but should also apply to all types of victims from the acts or behaviour of another person which may, in whatever way, endanger the victim's life, integrity, dignity or personal liberty. The measures undertaken in this Directive should also aim at preventing any form of harassment, abduction, stalking and any form of indirect coercion. They should also seek to prevent the commission of any new criminal acts and reduce the consequences and effects of any previous ones.
Amendment 102 #
2010/0802(COD)
Draft directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Member States should also facilitate the issuance of a European protection order to protect the family members, living together with the victim, who already has a European protection order.
Amendment 105 #
2010/0802(COD)
Draft directive
Recital 8
Recital 8
(8) This Directive should be applied and enforced in such a way that the protected person receives the same or equivalent protection in the executing State as he would have received if the protection measure had been issued in that State ab initio, thus avoiding any discrimination. Member States should take the necessary measures in order to ensure that no financial costs are imposed on the protected person when he or she requests the issuing of a European protection order.
Amendment 107 #
2010/0802(COD)
Draft directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Taking into consideration the different judicial systems in the Member States, it seems appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Following receipt of a European protection order, the executing State, while under a general obligation to act, should be allowed to give effect to this order in the way which is most appropriate in the light of its own legal system.
Amendment 115 #
2010/0802(COD)
Draft directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States should pay particular attention to cases where children are concerned and should take the necessary measures in order to ensure that they will be provided with assistance, support and protection, in cooperation with the appropriate national child protection associations taking into account the best interests of the child.
Amendment 116 #
2010/0802(COD)
Draft directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Member States should pay particular attention to cases where mentally and physically disabled persons are concerned and should take in account the necessary assistance, medical and psychological help as provided by the Member States.
Amendment 117 #
2010/0802(COD)
Draft directive
Recital 10 c (new)
Recital 10 c (new)
(10c) As terrorist acts are usually perpetrated on an international scale by unidentified aggressors, easily attract media attention and instil a common fear in society, Member States should pay particular attention to victims of terrorism.
Amendment 119 #
2010/0802(COD)
Draft directive
Article - 1 new
Article - 1 new
Amendment 129 #
2010/0802(COD)
Draft directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2) “Protection measure” means a decision adopted by a competent authority of a Member State imposing on a person causing dangerin the issuing State in accordance with its national law and procedures by which one or more of the obligations or prohibitions, referred to in Article 2(2), provided that the infringement of such obligations or prohibitions constitutes a criminal offence under the law of the Member State concerned or may otherwise be punishable by a deprivation of liberty in that Member Stateare imposed on a person or persons causing or likely to cause danger, for the benefit of a protected person with a view to protecting the latter against an act which may endanger his life, physical or psychological integrity and dignity, personal liberty or sexual integrity.
Amendment 136 #
2010/0802(COD)
Draft directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) an obligation not to enter certain prohibition from entering the localities, places or defined areas where the protected person resides or that he, works or visits;
Amendment 158 #
2010/0802(COD)
Draft directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The authority which adopts a protection measure containing one or more of the obligations referred to in Article 2(2) shall inform the protected person about the possibility of requesting a European protection order when he intends to move to another Member State. The authority shall advise the protected person to submit the application before leaving the territory of the issuing State. or his or her legal representative, guardian or tutor in any appropriate way in accordance with procedures under its national law about the possibility of requesting a European protection order when he or she decides to reside or already resides in another Member State or he or she decides to stay or already stays on the territory of another Member State. The authority shall advise the protected person to submit the application before leaving the territory of the issuing State, while informing the protected person about the possibility of requesting the issuance of the European protection order in the executing State. Victims shall have the opportunity to request to be physically accompanied by a social worker during the issuing of the European protection order, if needed.
Amendment 169 #
2010/0802(COD)
Draft directive
Article 6 - point i a (new)
Article 6 - point i a (new)
(ia) both the issuing state and executing state, where appropriate, with full respect for freedom of expression, shall encourage the media and journalists to adopt self -regulatory measures to ensure the protection of the private and family life of victims in the framework of information activities.
Amendment 173 #
2010/0802(COD)
Draft directive
Article 7 - Paragraph 1a (new)
Article 7 - Paragraph 1a (new)
(1a) Necessary measures, such as the possibility of requesting information in the executing state in the language spoken by the victim, need to be taken into account in order to reduce communication difficulties with the victim as regards the understanding of the protection measures by the victim,
Amendment 192 #
2010/0802(COD)
Draft directive
Article 8 a (new)
Article 8 a (new)
Article 8a Prevention, information campaigns and training 1. Member States shall take appropriate actions such as information and awareness-raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations, aimed at raising awareness about the existence of the possibility of issuing the European protection order and reducing the risk of people becoming victims of violence. 2. Member States shall promote regular training for members of the judiciary and other competent authorities likely to come into contact with victims, aimed at enabling them to offer adequate assistance.
Amendment 203 #
2010/0802(COD)
Draft directive
Article 9 a (new)
Article 9 a (new)
Article 9a Request for review The victim whose request for a European protection order has been denied, shall have the possibility to ask for a review.
Amendment 206 #
2010/0802(COD)
Draft directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(1a) If the victim leaves the executing state and returns to the issuing State, the issuing State shall continue to provide the victim with the protection measures that were initially imposed by that State.
Amendment 24 #
2010/0312(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen area without internal border controls has mutual trust among Member States at its core and relies on effective and efficient application by the Member States of accompanying measures in the areas of external borders, visa policy, the Schengen Information System, including data protection, police cooperation, judicial cooperation in criminal matters, the fight against corruption and organised crime, and drugs policies.
Amendment 37 #
2010/0312(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The evaluation should pay particular attention to respect of fundamental rights and data protection when applying the Schengen acquis.
Amendment 43 #
2010/0312(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an evaluation mechanism to verify application of the Schengen acquis in the Member States to which the Schengen acquis applies in full, together with accompanying measures in the areas of external borders, visa policy, the Schengen Information System, including data protection, police cooperation, judicial cooperation in criminal matters, the fight against corruption and organised crime, and drugs policies.
Amendment 45 #
2010/0312(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall be responsible for implementation of this evaluation mechanism in close cooperation with the Member States and with the support of European bodies, as specified in this Regulation, including Frontex, Europol and Eurojust.
Amendment 51 #
2010/0312(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. By not later than 30 September each year, Europol shall submit to the Commission a risk analysis regarding serious crimes, terrorism, corruption and organised crime that affect a common interest covered by Union policy, including internal security, together with recommendations for priorities for evaluations in the next year. The recommendations shall refer to specific sections of the external borders and to specific border crossing-points to be evaluated in the next year under the multiannual programme. The Commission shall make this risk analysis available to the Member States.
Amendment 55 #
2010/0312(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. By the same deadline as stated in paragraph 1, Europol shall submit to the Commission a separate risk analysis making recommendations for priorities for evaluations to be implemented in the area of internal security, in the form of unannounced on-site visits in the next year.
Amendment 58 #
2010/0312(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Taking into account the risk analysis provided by Frontex and Europol in accordance with Article 6, the replies to the questionnaire referred to in Article 7 and, where appropriate, other relevant sources, an annual evaluation programme shall be established by the Commission by not later than 30 November of the previous year. The programme may provide for evaluation of:
Amendment 60 #
2010/0312(COD)
Proposal for a regulation
Article 8 – paragraph 1 – indent 1
Article 8 – paragraph 1 – indent 1
– application of the acquis or parts of the acquis, and of the accompanying measures specified in Article 1, by one Member State, as specified in the multiannual programme;
Amendment 61 #
2010/0312(COD)
Proposal for a regulation
Article 8 – paragraph 1 – indent 2
Article 8 – paragraph 1 – indent 2
– application of specific parts of the acquis, and of the accompanying measures specified in Article 1, across several Member States (thematic evaluations);
Amendment 62 #
2010/0312(COD)
Proposal for a regulation
Article 8 – paragraph 1 – indent 3
Article 8 – paragraph 1 – indent 3
– application of the acquis, and of the accompanying measures specified in Article 1, by a group of Member States (regional evaluations).
Amendment 91 #
2010/0312(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The first risk analysis to be provided by Frontex and Europol in accordance with Article 6 shall be provided to the Commission not later than three months after this Regulation enters into force.
Amendment 70 #
2010/0210(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should be applied without prejudice to the principle of EU preference as regards access to Member States' labour market as expressed in the relevant provisions of Acts of Accession. In particular, the provisions of the Directive should not leave seasonal workers from the new Member States of the EU, for whom transitional arrangements on the labour market still apply, in a disadvantaged position compared to third-country nationals.
Amendment 213 #
2010/0210(COD)
Proposal for a directive
Article 8
Article 8
Member States shall take the necessary measures to make available to prospective seasonal workers and employers information on conditions of entry and residence, including rights and procedural safeguards as laid down in this Directive and all documentary evidence needed for an application to reside and work in the territory of a Member State as a seasonal worker. That information shall be set out in a straightforward and comprehensible manner in a language known by the applicant.
Amendment 253 #
2010/0210(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The competent authorities of the Member State shall adopt a decision on the application and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State, within 30 days of the complete application being lodged. The procedural safeguard should not put seasonal workers from the new Member States of the EU, for whom transitional arrangements on the labour market still exist and entail lengthy application procedure, in a disadvantaged position.
Amendment 133 #
2009/2216(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underscores the significance of the international talks in Geneva and supports the active involvement of EUSR Pierre Morel as mediator; encourages all parties to constructively engage in this process and expects more tangible results from the future rounds of discussions; highlights the importance of the Incident Prevention and Response Mechanisms and their relevance for the enhancement of mutual confidence between parties;
Amendment 216 #
2009/2216(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Emphasizes the role of Georgia and Azerbaijan as essential countries for the transit of energy resources, as well as for the diversification of EU's energy supply and routes; in this light, recalls once again that the Union should take concrete steps to ensure the political stability of the region;
Amendment 12 #
Amendment 13 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that public procurement is the area most vulnerable to mismanagement, fraud and corruption, which distort the market, increase the prices paid by consumers for goods and services, and negatively affect the confidence of citizens in the Union; notes that effective Community legislation regarding public procurement, and its trustworthy enforcement, contribute to the protection of the financial interests of the Union; calls on the Commission and Member States to design, implement and periodically evaluate uniform systems of procurement to prevent fraud and corruption, to define and implement clear conditions for participation in public procurement, and criteria on which public procurement decisions are made, and also to adopt and implement systems to review public procurement decisions at the national level, to ensure transparency and accountability in public finances, and to adopt and implement risk management and internal control systems;
Amendment 14 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission to begin early discussions and consultations with interested stakeholders, including civil society, on all aspects related to the creation of the European Prosecutor´s Office for combating crimes affecting the financial interests of the Union, as provided for in Article 86 of the TFEU, and to step up the adoption of all necessary measures for establishing this office;
Amendment 15 #
2009/2167(INI)
Motion for a resolution
New subtitle (before paragraph 20 c)
New subtitle (before paragraph 20 c)
Fraud prevention and Transparency measures
Amendment 16 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Welcomes the progress on transparency of EU funds beneficiaries; notes that the Commission should take further action to ensure one-stop transparency of the beneficiaries of EU- funds; calls on the Commission to design measures to increase the transparency of legal arrangements and a system where all beneficiaries of EU funds are published on the same website, independently of the administrator of the funds and based on standard categories of information to be provided by all Member States in at least one working language of the Union; calls on the Member States to cooperate with and provide to the Commission full and reliable information regarding the beneficiaries of the EU funds managed by Member States; invites the Commission to evaluate the system of ‘shared management’ and provide Parliament with a report;
Amendment 17 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Calls on the Council to complete the conclusion of the Cooperation Agreements with Liechtenstein in the shortest possible time and urges the Council Presidency to give the Commission a mandate to negotiate anti- fraud agreements with Andorra, Monaco, San Marino and Switzerland;
Amendment 18 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Calls on the Commission and Member States to include the beneficiaries of EU funds managed in partnership with the EU Member States, mainly agricultural and structural funds, into the Early Warning System and Central Exclusion Database, based on identical criteria for all Member States;
Amendment 19 #
2009/2167(INI)
Motion for a resolution
New subtitle (before paragraph 20 f)
New subtitle (before paragraph 20 f)
Combating financial fraud and the fight against corruption
Amendment 20 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20f. Notes that 78 % of Union citizens agree that corruption is a major concern in their country and that 76 % of the Union citizens agree that there is corruption within the institutions of the EU (Eurobarometer, 2009); calls on the Commission, the relevant Union agencies and the Member States to take measures and provide resources to ensure that EU funds are not subject to corruption, to adopt dissuasive sanctions where corruption and fraud are found, to step up the confiscation of criminal assets involved in fraud, tax evasion and money- laundering related crimes, and to apply clear and transparent rules with regard to politically-exposed persons, as defined in the Third Money Laundering Directive (Directive 2005/60/EC); welcomes the invitation from the European Council on the Stockholm Programme to the Commission to develop indicators to precisely quantify the efforts in the fight against corruption, in particular in the areas of public procurement and financial control, and calls on the Commission to act upon it as a matter of priority;
Amendment 21 #
2009/2167(INI)
Motion for a resolution
New Subtitle (before paragraph 20 g)
New Subtitle (before paragraph 20 g)
Reinforced fight against financial and economic crime
Amendment 22 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 g (new)
Paragraph 20 g (new)
20g. Emphasises that the active protection of the EU’s financial interests requires a reinforced fight against financial and economic crime; calls on the Member States to fully implement the relevant Union instruments, including the 2000 Mutual Legal Assistance Convention and its Protocol on banking transactions, the Framework Decision on confiscation orders (2006/783/JHA) and the Framework Decision on Financial Penalties (2005/214/JHA);
Amendment 23 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 h (new)
Paragraph 20 h (new)
20h. Calls on the Commission to develop a proposal on the mutual recognition of disqualifications, in particular for professions in the financial area, such as the exclusion of fraudulent offenders from acting as chief executives;
Amendment 24 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 i (new)
Paragraph 20 i (new)
20i. Calls on the Commission to develop an impact assessment and a proposal to extend the EU acquis on common definitions of offences in the area of financial and economic crime;
Amendment 25 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 j (new)
Paragraph 20 j (new)
20j. Calls on the Commission and Member States to enhance their capacity for financial investigation and combine all available instruments in fiscal, civil and criminal law; calls for stronger cooperation between Asset Recovery Offices, so that the confiscation of assets becomes more efficient;
Amendment 26 #
2009/2167(INI)
Motion for a resolution
Paragraph 20 k (new)
Paragraph 20 k (new)
20k. Considers that stopping tax evasion and illicit activities that go through offshore havens is necessary in order to protect the financial interests of the Union; calls on the Commission to consider banning companies which operate through offshore havens from making business agreements with companies residing in the European Union if their offshore location will unilaterally delay the adoption of cooperation agreements with the Union;
Amendment 32 #
2009/2167(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to actively include OLAF in the negotiation of all Cooperation Agreements that deal with the combating of fraud and with the exchange of information on tax matters;
Amendment 33 #
2009/2167(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on OLAF to present, in its future annual report, a detailed analysis of the strategies and measures put in place by each Member State in the fight against fraud and for preventing and identifying irregularities in the expenditure of European funds, including where they are caused by corruption; considers that specific attention should be paid to the implementation of agricultural and structural funds; takes the view that the report, with 27 country profiles, should analyse the approach followed by national judicial and investigating bodies and the quantity and quality of controls performed, as well as statistics and reasons in the cases where national authorities did not file indictments following reports by OLAF; considers, therefore, that the report should provide a knowledge basis for better defining OLAF’s strategy and improving cooperation with the Member States and the efficiency of both OLAF and national investigative authorities;
Amendment 34 #
2009/2167(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes that Community legislation requires Member States to report all irregularities no later than two months after the end of the quarter in which an irregularity has been subject to a primary administrative or judicial finding and/or new information about a reported irregularity becomes known; calls on the Member States to make all the necessary efforts, including the streamlining of national administrative procedures, to meet the required deadlines and reduce the time gap between the moment a irregularity is identified and that when it is reported; calls on the Member States to act primarily as a protector of taxpayers’ money in their efforts to combat fraud;
Amendment 35 #
2009/2167(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Calls on the Commission to restart the procedure for the adoption of the Directive on criminal-law protection of the Communities’ financial interests (2001/0115(COD)), blocked by the Council since 2002, and of the Regulation on mutual administrative assistance for the protection of the Communities’ financial interests (2004/0172 (COD)), blocked by the Council since 2005;
Amendment 36 #
2009/2167(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
Amendment 1 #
2009/2161(INI)
Motion for a resolution
Citation -1 a (new)
Citation -1 a (new)
– having regard to NGO reports on human rights,
Amendment 32 #
2009/2161(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to its resolutions, as well as its oral questions with debates, and its findings from missions and country visits in 2009 and 2010 on specific fundamental rights such as privacy, personal dignity and data protection, freedom of thought, conscience and religion, freedom of expression and information, press freedom, non- discrimination and the use of minority languages, on Roma issues, on discrimination against same-sex marriages, and on the illegal detention of prisoners; stresses that all these resolutions reflect the spirit of the Charter, show its clear commitment to the everyday protection of fundamental rights, and send political messages to European citizens, Member States and the EU institutions;
Amendment 72 #
2009/2161(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on all the Member States of the EU and of the Council of Europe to ensure transparency of the accession process;
Amendment 76 #
2009/2161(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to raise awareness of the benefits of accession to the ECHR and of the requirements to be fulfilled, by developing guidelines on the adequate application and the effects of this additional mechanism so that excessiveunrealistic expectations on the part of EU citizens can be avoided;
Amendment 99 #
2009/2161(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expects concrete actions by the new Commissioner responsible, in line with already declared intentions: to introduce a fundamental-rights impact assessment of all new legislative proposals; to oversee the legislative process to ensure that emerging final texts comply with the Charter; and to apply a ‘zero tolerance’ policy on violations of the Charter, initiating infringement proceedings when there are good grounds for doing soMember States are in breach of their human rights obligations in implementing EU law;
Amendment 109 #
2009/2161(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reminds the Commission to undertake objective investigations and start infringement proceeding if there are good grounds for doing so, thus avoiding double standards, whenever a Member State, in implementing EU legislation, violates the rights enshrined in the Charter; further reminds the Commission to request that Member States provide reliable data and facts;
Amendment 117 #
2009/2161(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the importance of the Commission's annual monitoring of compliance with the Charter, on a state-by- state basis, and notes that its monitoring reports should contain an assessment of the implementation of the various rights and an evaluation of the most contentious issues and of the situation of the most vulnerable groups in the Union; recommends the dissemination of good practice to the Member States;
Amendment 196 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 1 a (new)
Paragraph 35 – indent 1 a (new)
– securing the rights of all persons present in the EU territory, irrespective of citizenship,
Amendment 227 #
2009/2161(INI)
Motion for a resolution
Paragraph 35 – indent 6
Paragraph 35 – indent 6
– prohibiting and eliminating all forms of discrimination against a large number of minorities,
Amendment 19 #
2009/2069(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that, according to the 2009 Eurobarometer, 76 % of the citizens of the Union agree there is corruption within the EU institutions;
Amendment 51 #
2009/2069(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. DNotes that public procurement is the area most vulnerable to mismanagement, fraud and corruption, which distort the market, increase the prices paid by consumers for goods and services, and negatively affect the confidence of citizens in the Union; draws attention to the fact that as interface between the public and the private sector, public procurement is a high-risk area and that Parliament must devote even more efforts to ensure: - compliance with applicable laws, regulation and policies - including the principles of transparency, proportionality, equal treatment and non-discrimination, - reliability of management information and recording, and - economy, effectiveness and efficiency of operations, - periodical evaluation of its systems of procurement to prevent fraud and corruption, - clear conditions for participation in public procurement are defined and implemented, as well as criteria on which public procurement decisions are made, and - risk management and internal control systems are in place and implemented;
Amendment 97 #
2009/2069(DEC)
Motion for a resolution
Paragraph 54 – indents 6 a, 6 b and 6 c (new)
Paragraph 54 – indents 6 a, 6 b and 6 c (new)
- performing internal controls for negotiated and restricted contracts dating back to 2008 and making their findings public; intensifying such internal controls and applying dissuasive sanctions in the event of any irregularities, - publishing a complete annual list of all companies that were awarded negotiated and restricted contracts from 2008, and - the Parliament shall assume formal responsibility for the content of the information published on its website regarding invitations to tender.
Amendment 98 #
2009/2069(DEC)
Motion for a resolution
Paragraph 54a (new)
Paragraph 54a (new)
54a. Calls on the European Anti-Fraud Office (OLAF) to periodically verify negotiated and restricted contracts awarded by Parliament; further stresses the need to check which companies are linked by their shareholders to the staff or Members of the Parliament and are in a situation of conflicts of interest;
Amendment 202 #
2009/2069(DEC)
Motion for a resolution
Citation 13a (new)
Citation 13a (new)
-having regard to the Eurobarometer 2009, in particular that 78 % of the citizens of the Union agree that corruption is a major concern in their country,
Amendment 4 #
2009/2002(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls and reiterates its 2009 position on the necessity for Parliament to be informed in a reliable, precise, detailed and timely manner of the implementation of large- scale IT information systems, such as the second generation Schengen Information System (SIS II) and, the Visa Information System (VIS) and EURODAC and, moreover, of the progress in the process of establishing the decentralised EURODAC, VIS and SIS II Management Authority;
Amendment 23 #
2009/0802(CNS)
Recital 9
(9) When striving to reach consensus on any effective solution aimed at avoiding the adverse consequences arising from parallel proceedings being conducted in two or more Member States, the competent authorities should take into account that each case is specific and give consideration to all its facts and merits. In order to reach consensus, the competent authorities should consider relevant criteria, which may include those set out in the Guidelines which were published in the Eurojust Annual Report 2003 and which were drawn up for the needs of practitioners, and take into account for example the place where the major part of the criminality occurred, the place where the majority of the loss was sustained, the location of the suspected or accused person and possibilities for securing its surrender or extradition to other jurisdictions, the nationality or residence of the suspected or accused person, significant interests of the suspected or accused person, significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur.
Amendment 24 #
2009/0802(CNS)
Recital 14
(14) As Eurojust is particularly well suited to provide assistance in resolving conflicts of jurisdiction, the referral of a case to Eurojust should be a usual step,occur when it has not been possible to reach consensus. It should be noted that in accordance with Article 13(7)(a) of Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against organised crime (the "Eurojust Decision"), as modified, most recently by Council Decision 2009/…426/JHA of …16 December 2008 on the strengthening of Eurojust, Eurojust has to be informed of any case where conflicts of jurisdiction have arisen or are likely to arise and that a case can be referred to Eurojust at any moment if at least one competent authority involved in the direct consultations deems it appropriate.
Amendment 25 #
2009/0802(CNS)
Article 6 - paragraph 1
1. The contacted authority shall reply to a request submitted in accordance with Article 5(1) within any reasonable deadline indicated by the contacting authority, or, if no deadline has been indicated, without undue delin 30 days, and inform the contacting authority whether parallel proceedings are taking place in its Member State. In cases where the contacting authority has informed the contacted authority that the suspected or accused person is held in provisional detention or custody, the latter authority shall treat the request as a matter of urgency.
Amendment 27 #
2009/0802(CNS)
Article 11
When the competent authorities of Member States enter into direct consultations on a case in order to reach consensus in accordance with Article 10, they shall consider the facts and merits of the case and all the factors and criteria which they consider to be relevant, which may include those set out in the Guidelines published in the Eurojust Annual Report 2003 which were drawn up to meet the needs of practitioners, and take into account for example the place where the major part of the crime was committed, the place where the major part of the loss was sustained, the location of the suspected or accused person and the possibilities for securing his or her surrender or extradition to another jurisdiction, the nationality or residence of the suspected or accused person, any significant interests of the suspected or accused person, any significant interests of victims and witnesses, the admissibility of evidence or any delays that may occur.
Amendment 28 #
2009/0802(CNS)
Article 11 a (new)
Article 11a Notification When at least one of the cases – in which a conflict of jurisdiction appears to exist – is at the trial stage, the person concerned shall be notified immediately.
Amendment 29 #
2009/0802(CNS)
Article 12 - paragraph 2
2. Where it has not been possible to reach consensus in accordance with Article 10, the matter shall, where appropriate, be referred to Eurojust by any competent authority of the Member States involved, if Eurojust is competent to act under Article 4(1) of the Eurojust Decision. In that case, Eurojust shall act in accordance with Article 7(2) of the Eurojust Decision.
Amendment 30 #
2009/0802(CNS)
Article 15 a (new)
Article 15a Inclusion in annual report The cases referred to Eurojust on which consensus has not been reached among Member States shall be included in the annual report of Eurojust.
Amendment 7 #
2009/0104(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The visa liberalisation dialogue initiated by the Commission with a regional approach and a European perspective, includes countries of the Western Balkans, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia on an equal footing and without any discrimination. The composition of the lists of third countries in Annexes I and II to Regulation (EC) No 539/2001 of 15 March 2001 should be, and should remain, consistent with the criteria laid down in recital (5) thereto. Some third countries, for which the situation has changed as regards these criteria, should be transferred from one Annex to the otherThe same criteria laid down in the roadmaps for visa liberalisation should be applied to all countries concerned.
Amendment 8 #
2009/0104(CNS)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) All of the Western Balkan countries that have met the benchmarks should be admitted to the visa-free travel regime from the beginning of 2010. Those countries that, despite having made substantial progress, have not fully met the benchmarks should be granted the same privilege as soon as they meet the benchmarks as set out in the corresponding roadmaps for visa liberalisation.
Amendment 11 #
2009/0104(CNS)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) With the aim of furthering the implementation of the Thessaloniki agenda and as part of its regional approach, the Commission should start a visa dialogue with Kosovo and establish a tailor-made roadmap for visa facilitation and liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
Amendment 15 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) As regards Albania and Bosnia and Herzegovina, the Commission should, without delay and not later than in the spring of 2010, present its report on the achievements made by those two countries in meeting all the benchmarks set in the roadmap.
Amendment 16 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
Amendment 18 #
2009/0104(CNS)
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) The Council asks the Commission to assist the relevant authorities of Albania and Bosnia and Herzegovina in this respect.
Amendment 55 #
2008/2186(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 75 #
2008/2186(DEC)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Notes that, according to the 2009 Eurobarometer, 76 % of Union citizens agree that there is corruption within the institutions of the EU; notes that, according to the 2009 Eurobarometer, 98 % of Greek citizens consider that corruption is a major problem in their country; is deeply concerned about the proven manipulation of financial statistics and tax evasion in that Member State; notes the generalised public-sector corruption throughout the administration, including in public procurement, as recognised by the Prime Minister of Greece; draws attention to the significant effect in terms of costs that this has on Greece’s budget; calls on the Commission to investigate as a matter of priority the circumstances under which the Commission was provided with wrong macroeconomic data for such a long period of time;
Amendment 76 #
2008/2186(DEC)
Motion for a resolution
Paragraph 42 b (new)
Paragraph 42 b (new)
Amendment 77 #
2008/2186(DEC)
Motion for a resolution
Paragraph 42 c (new)
Paragraph 42 c (new)
42c. Notes that, as a member of the Economic and Monetary Union, Greece shares the responsibility for the stability of the common currency as well as the financial stability of the Union; calls on the Commission to provide Parliament with a detailed report on the impact that Greece’s macroeconomic situation has on the eurozone and the stability of the euro; calls on the Commission to re-evaluate the monitoring criteria applied for conditional assistance;
Amendment 78 #
2008/2186(DEC)
Motion for a resolution
Paragraph 42 d (new)
Paragraph 42 d (new)
42d. Notes both the direct economic consequences and the impact which Greece’s loss of credibility is having on European financial markets; urges the Commission to apply more rigorous criteria for monitoring adherence to the Stability Pact; urges the Commission to grant the Statistical Office of the European Communities direct access to Member States’ economic data; urges the Commission to monitor the macroeconomic data of all Member States in such a way as to prevent a similar situation from ever happening again;
Amendment 79 #
2008/2186(DEC)
Motion for a resolution
Paragraph 42 e (new)
Paragraph 42 e (new)
42e. Urges the Commission to propose to Parliament and the Council an institutional mechanism to safeguard financial stability in the Economic and Monetary Union as a whole;
Amendment 127 #
2008/2186(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Reiterates, as in previous years, that the Integrated Administration and Control System (IACS) is generally an effective control system for limiting the risk of error or irregular expenditure, but nevertheless regrets that the Court found significant weaknesses in selected paying agencies in three Member States: Bulgaria, Romania and the UK (Scotland) (point 5.32 of the 2008 Annual Report); acknowledges, however, that necessary steps were taken to address these weaknesses;
Amendment 129 #
2008/2186(DEC)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Also expresses its concern about the errors in respect of expenditure under the SAPARD Programme in Bulgaria and Romania, which caused the Directorate- General for Agriculture to make a reservation in its Annual Activity Report; underlines the importance of the action plans already in place in response to the Commission’s recommendations;
Amendment 167 #
2008/2186(DEC)
Motion for a resolution
Paragraph 152
Paragraph 152
152. Welcomes the updated information from the Commission on the status of implementation of EU funds in Bulgaria and Romania; recognises the progress which both Member States have made; however, requests the Commission to continue to closely monitor those Member States’ systems and the implementation of the agreed action plans, and suggests that OLAF also should maintain the support given by it to those Member States in fulfilling their obligations concerning the protection of the financial interests of the Union;
Amendment 208 #
2008/2186(DEC)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to the Eurobarometer 2009, in particular the fact that 78 % of Union citizens agree that corruption is a major concern in their country,
Amendment 57 #
2008/0090(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Openness enhances citizens' trust in Union institutions because it contributes to their knowledge of the Union's decision-making process and their respective rights thereunder. Openness also entails more transparency in the implementation of administrative and legislative procedures.
Amendment 58 #
2008/0090(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) By emphasising the normative importance of the principle of transparency, this Regulation strengthens the Union's culture of the rule of law and therefore also contributes to the prevention of crime and criminal behaviour.
Amendment 59 #
2008/0090(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The purpose of this Regulation is to give the fullest possible effect to the right of public access to documents and to lay down the general principles and limits on such accessthe exceptions to such access on grounds of public and private interest in accordance with Article 2515(23) of the EC TreatyTFEU and in accordance with the provisions on the openness of the Union's institutions, bodies, offices, and agencies as laid down in article 15(1) TFEU.
Amendment 61 #
2008/0090(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Wider accesThe right of access to documents should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers, while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatest possible extent.
Amendment 62 #
2008/0090(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Transparency in the legislative process is of utmost importance for citizens. Therefore, institutions should actively disseminate documents, which are part of the legislative process and improve their communication with potential applicants. Union institutions should make publicly accessible by default on their websites as many categories of documents as possible. Active dissemination of documents should also be encouraged in other fields.
Amendment 64 #
2008/0090(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In principle, aAll documents of the institutions should be accessible to the public. However, certain public and private interests should be protected by way of exceptions. TheExceptions to this principle should be made to protect certain public and private interests, but such exceptions should be governed by a transparent system of rules and procedures. Although institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks, the overall goal should be the implementation of citizens' fundamental right of access. In assessing the exceptions, the institutions should take account of the principles in Community legislation concerning the protection of personal data, in all areas of Union activities.
Amendment 69 #
2008/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) to promote good administrative practice on access to documents, and in particular the overall goals of greater transparency, accountability, and democracy.
Amendment 128 #
2008/0090(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. An institution which decides to refuse access to a sensitive document shall give the reasons for its decision in a manner whichcomplying to the fullest extent possible with the right of access as provided for in Art. 15(3) TFEU and does not harm the interests protected in Article 4.
Amendment 129 #
2008/0090(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall take appropriate measures to ensure that when handling applications for sensitive documents the principles in this Article and Articles 3 and 4 are respected.