33 Amendments of Krišjānis KARIŅŠ related to 2012/0237(COD)
Amendment 67 #
Proposal for a regulation
Recital 26
Recital 26
(26) The European ParliamentAnti-Fraud Office should verify regularly that the conditions and requirements related to the registration and funding of European political parties or European political foundations continue to be met. This verification should be carried out annually, or following a motivated request by any natural or legal person. Decisions related to respect for the values on which the Union is founded should only be taken in accordance with a procedure specifically designed to this effect, and in consultation with a committee of independent eminent persons.
Amendment 86 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A political alliance, as defined in Article 2 point (2), shall be entitled to apply to register its statutes as a European political party with the European ParliamentAnti-Fraud Office subject to the following conditions:
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. A political foundation shall be entitled to apply to register its statutes as a European political foundation with the European ParliamentAnti-Fraud Office subject to the following conditions:
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Before reaching its decision the European Anti-Fraud Office shall consult the committee of independent eminent persons, which shall give its reasoned opinion within one month from the receipt of request for opinion. The opinion of independent eminent persons committee shall be public. The independent eminent persons committee shall consist of three members of high moral and professional quality having expertise in the area of constitutional, international or human rights law. One member of eminent persons committee shall be appointed by the European Parliament, one by the Council and one by the Commission. Members shall be appointed within six months after the end of the first session of the European Parliament following elections to the European Parliament. The secretarial and funding of the committee shall be provided by the European Anti-Fraud Office
Amendment 150 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The European ParliamentAnti-Fraud Office shall establish a registry (hereinafter referred to as ‘the Registry’) for the purposes of the registration of a European political party and a European political foundation.
Amendment 153 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In order to register its statutes, the political alliance, as defined in Article 2 point (2), or the political foundation affiliated with a European political party shall file an application with the European ParliamentAnti-Fraud Office.
Amendment 163 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Within three months following the reception of the application for registration, the European ParliamentAnti-Fraud Office shall adopt a decision, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejection.
Amendment 172 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The updated list of members of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the European ParliamentAnti- Fraud Office on a yearly basis, but within four weeks of any changes following which the European political party may no longer satisfy the requirement in Article 3(1)(b).
Amendment 177 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The European ParliamentAnti-Fraud Office every three years shall verify annually that the conditions and requirements set out in Articles 3, 4 and 5 continue to be met by the European political parties and the European political foundations.
Amendment 186 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 205 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 209 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Before reaching its decision the European Anti-Fraud Office shall consult the committee of independent eminent persons, which shall give its reasoned opinion within one month from the receipt of request for opinion. The reasoned opinion of independent eminent persons committee shall be public
Amendment 212 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. If the European ParliamentAnti-Fraud Office finds that any of the conditions or requirements referred to in paragraph 1 are no longer satisfied, the provisions provided for in Article 11 or in Article 22 or in both shall apply, having due regard to the provisions of Article 23.
Amendment 240 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The European ParliamentAnti-Fraud Office shall adopt a decision on the termination of the European legal status and the removal from the Registry.
Amendment 309 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Cooperation with national authorities European Anti-Fraud Office and European Parliament shall conclude agreements with national authorities of Member States on practical arrangements for implementing this Regulation. The agreements have to be applicable on the day of the entry into force of this Regulation.
Amendment 328 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. If the European ParliamentAnti-Fraud Office finds, in accordance with Article 7(2), that a European political party or a European political foundation has failed to respect the values on which the Union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the Union as defined in Article [93(1)(e)] of the Financial Regulation, or that a European political party has failed to respect the minimum rules on internal democracy required by Article 4(2), the European political party or the European political foundation in question may be removed from the Registry, forfeit its status in accordance with Article 11, and have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminated and any Union funding recovered, including any unspent Union funds from previous years.
Amendment 335 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The European ParliamentAnti-Fraud Office shall impose on a European political party or a European political foundation a fine according to a scale determined by it:
Amendment 337 #
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) in the event of failure to provide the notification laid down in Article 6(6) and (7) or if the European ParliamentAnti-Fraud Office finds that the European political party or the European political foundation has at any moment intentionally provided incorrect or misleading information,
Amendment 341 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. When setting the amount of a fine imposed on a European political party or a European political foundation pursuant to paragraph 2, the European ParliamentAnti-Fraud Office shall take into account the gravity, duration and, where relevant, recurrence of the infringement, the time that has elapsed, the intention or degree of negligence, and any measures taken to comply with the conditions and requirements of this Regulation. Any fine must be effective and dissuasive, and may not exceed 10% of the annual budget of the European political party or the European political foundation in question corresponding to the year in which the sanction is imposed.
Amendment 349 #
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. Before reaching its decision the European Anti-Fraud Office shall consult the committee of independent eminent persons, which shall give its reasoned opinion within one month from the receipt of request for opinion. The reasoned opinion of independent eminent persons committee shall be public
Amendment 350 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Before taking a final decision related to any of the penalties in Article 22, the European ParliamentAnti-Fraud Office shall give the European political party or the European political foundation concerned the opportunity to present its observations and, where relevant and appropriate, to introduce the measures required to remedy the situation within a reasonable time period.
Amendment 355 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If the European ParliamentAnti-Fraud Office considers it necessary, it may hear other natural or legal persons, including any complainants referred to in Article 7(3).
Amendment 357 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the names and statutes of all registered European political parties and European political foundations, together with the documents submitted as part of the application for registration in accordance with Article 6(3), at the latest four weeks after the European ParliamentAnti-Fraud Office has adopted its decision and, beyond this date, any amendments notified to the European ParliamentAnti-Fraud Office pursuant to Article 6(6) and (7),
Amendment 359 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) a list of those applications that have not been approved, together with the documents submitted as part of the application for registration in accordance with Article 6(3) and the grounds for rejection, at the latest four weeks after the European ParliamentAnti-Fraud Office has adopted its decision,
Amendment 367 #
Proposal for a regulation
Article 24 – paragraph 1 – point g
Article 24 – paragraph 1 – point g
(g) the details of and reasons for any final decisions taken by the European ParliamentAnti- Fraud Office pursuant to Article 22, including, where relevant, the opinions adopted by the committee of independent eminent persons in accordance with Article 7(2), having due regard to the provisions of Regulation (EC) No 45/2001,
Amendment 379 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. European political parties and European political foundations shall, in a publicly available privacy statement, provide potential members and donors with the information required by Article 10 of Directive 95/46/EC and inform them that their personal data may be made public and may be processed for auditing and control purposes by the European Parliament, OLAF, the Court of Auditors, competent national authorities, and external bodies or experts authorised by these. The European ParliamentAnti-Fraud Office, in application of Article 11 of Regulation (EC) 45/2001, shall include the same information in the calls for [contributions] or proposals referred to in Article 13(1).
Amendment 382 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. In processing personal data pursuant to this Regulation, the European ParliamentAnti-Fraud Office and the committee referred to in Article 7(2) shall comply with Regulation (EC) No 45/2001. For the purposes of the processing of personal data, they shall be considered as data controllers in accordance with Article 2(d) of Regulation (EC) No 45/2001.
Amendment 385 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The European ParliamentAnti-Fraud Office and the committee referred to in Article 7(2) shall ensure that personal data collected by them pursuant to this Regulation are not used for any purpose other than to ensure the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. They shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with Article 24.
Amendment 389 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The competent national authorities and independent bodies or experts authorised to audit accounts shall use the personal data they receive only in order to exercise control over the financing of European political parties and European political foundations. They shall destroy those personal data in accordance with applicable national law after transmitting it to the European ParliamentAnti-Fraud Office pursuant to Article 20(3).
Amendment 391 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. The European Data Protection Supervisor shall be responsible for monitoring and ensuring that the European ParliamentAnti-Fraud Office and the committee referred to in Article 7(2) respect and protect the fundamental rights and freedoms of natural persons in the processing of personal data pursuant to this Regulation. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the European Data Protection Supervisor if he or she considers that his or her right to the protection of their personal data has been infringed as a result of the processing of this data by the European ParliamentAnti-Fraud Office or the committee.
Amendment 394 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The European ParliamentAnti-Fraud Office shall provide for administrative appeal procedures in relation to any decisions linked to the registration of statutes, funding or penalties.
Amendment 396 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Administrative appeal procedures shall not have suspensory effect. The European ParliamentAnti-Fraud Office may, however, if it considers that circumstances so require, suspend the application of any decision it has taken.
Amendment 398 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
The European ParliamentAnti-Fraud Office shall publish by 1 July of the third year following elections to the European Parliament a report on the application of this Regulation and the activities funded. The report shall indicate, where appropriate, possible amendments to be made to the statute and funding systems.