2014/2155(INI) 2013 annual report on the protection of the EU's financial interests - Fight against fraud
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | CONT |
PIRINSKI Georgi ( S&D)
|
MACOVEI Monica ( PPE),
CZARNECKI Ryszard ( ECR),
THEURER Michael ( ALDE),
JÁVOR Benedek ( Verts/ALE),
VALLI Marco ( EFDD)
|
| Committee Opinion | REGI |
ARIMONT Pascal ( PPE)
|
Ivan JAKOVČIĆ ( ALDE),
Andrew LEWER ( ECR),
Davor ŠKRLEC ( Verts/ALE)
|
| Committee Opinion | AGRI | ||
| Committee Opinion | PECH | ||
| Committee Opinion | LIBE |
MACOVEI Monica ( PPE)
|
Hugues BAYET ( S&D),
Dennis de JONG ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2015/07/20
EC - Commission response to text adopted in plenary
Documents
2015/03/11
EP - Results of vote in Parliament
Documents
2015/03/11
EP - Decision by Parliament
Details
The European Parliament adopted by 636 votes to 9, with 62 abstentions, a resolution on the Annual Report 2013 on the Protection of the EU’s Financial Interests – Fight against fraud.
The resolution stressed that the diversity of legal and administrative systems in the Member States presents a challenging environment in which to overcome irregularities and combat fraud. The fight against fraud, corruption and money laundering in the Union must be a priority for political action by the Community institutions, and police and judicial cooperation between Member States is therefore crucial.
The main elements of the resolution may be summarised as follows:
Detection and reporting of non-fraudulent and fraudulent irregularities : Parliament stressed that close cooperation and coordination between the Commission and the Member States must be strengthened in order to ensure that the Union’s financial interests are protected effectively . It also noted that number of cases of fraud and errors rose significantly , even though their financial impact decreased. The Commission is called upon to analyse these cases better to prevent further loss of funds.
Members underlined that the current lack of results in the fight against fraud is not due to a lack of regulation but to a lack of implementation and called for the EU funds to be properly managed and used in the most efficient way possible. The Commission is called upon to assume full responsibility for the recovery of funds unduly paid from the EU budget and to establish uniform reporting principles in all Member States for the purpose of collecting the appropriate comparable and accurate data.
Revenue : Parliament welcomed the fact that 98% of Traditional Own Resources (TORs) are collected without significant problems. It stressed however that the smuggling of heavily taxed goods causes significant losses of revenue to the budgets of the EU and the Member States, and that direct losses in customs revenue as a result of cigarette smuggling alone are estimated at more than EUR 10 billion a year.
As regards VAT , the resolution stated that in many Mem ber States the VAT gap is continuously high owing to VAT fraud and avoidance. Therefore, the Commission is called upon fully use its powers in order to help the Member States in their fight against VAT fraud and tax avoidance .
Expenditure : the resolution noted the alarming 76% increase in the number of irregularities reported as fraudulent regarding EU expenditure. Parliament called for proposals to reduce the number of spending programmes and to target programmes at the Member States who are most in need of support. Members expressed concern that in the agricultural sector the number of both irregularities in general and fraudulent activities in particular increased significantly in 2013 as compared with 2012. Targeted measures are needed to combat this trend.
The resolution acknowledged that in 2013, as part of the Pre-Accession Assistance (PAA), 33 irregularities were reported as fraudulent, involving an amount of EUR 14.4 million, and that those irregularities are mainly related to the Special Accession Programme for Agriculture and Rural Development (SAPARD). In this regard, it called for proposals to reduce the number of spending programmes , in particular when they partly overlap, and to target programmes, whenever possible, at the Member States who are most in need of support, so that not all programmes necessarily benefit activities in all Member States.
Problems identified and measures required : Parliament underlined its concerns as regards the persisting threats to the EU budget, which stem from both failures to comply with the rules (non-fraudulent irregularities) and purposeful wrongdoings and criminal offences (i.e. fraud). It called on the Commission to develop common guidelines and indicators in order to narrow the gap between the different approaches of the Member States and to develop a unified and comprehensive information bank on irregularities actually instigated and on measures taken, thus providing authorities and citizens with trustworthy, comparable and centralised data for the implementation of effective corrective measures.
Another problem is the delay between the occurrence of an irregularity and its detection. Reporting and management systems should be improved in this regard.
Cooperation with anti-fraud bodies : the Commission is invited to create a mechanism for the exchange of information between the national competent authorities with a view to helping to detect any transnational fraud in the context of the new MFF 2014-2020. Moreover, the Commission is called upon to promote adequate legislation on the protection of whistle-blowers , access to information and the transparency of lobbying, It should also further enhance its supervisory role in respect of EU budget expenditure.
AFCOS : Parliament welcomed the establishment of anti-fraud coordination services (AFCOS) in Member States which aims to facilitate effective cooperation and the exchange of information with OLAF and assist in facilitating better reporting of irregularities and contribute towards a balanced interpretation of the relevant EU acts. It is nevertheless concerned by the substantial discrepancies already existing between the different AFCOS established in the Member States in terms of functions, tasks and powers as well as human resources allocated.
Non-compliance with procurement rules : the resolution noted that the level of irregularities and fraud caused by non-compliance with public procurement rules remains high. Parliament called on the Member States to transpose rapidly into national law the recently adopted Directives on public procurement and on the award of concession contracts in order to further mitigate the risk of irregularities and fraud.
Investigations and OLAF : the resolution noted that in 2013 OLAF issued 353 recommendations for administrative, disciplinary, financial or judicial action to be taken by the relevant EU institutions, bodies, offices, agencies or the competent national authorities. However, Parliament is concerned that the rate of indictment following OLAF’s judicial recommendations for the period 2006-2013 is only about 54%. It is worried as the low rate of indictment also sheds a bad light on the quality and usability of OLAF’s investigative results. It called on the OLAF Supervisory Committee to inform it about the duration of OLAF investigations. It also deemed that a fully-fledged and proper oversight over OLAF’s affairs by the Supervisory Committee (without interference in ongoing investigations) is indispensable. It regretted the lack of information available on conviction rates in cases involving offences against the Union’s budget. The Commission is urgently called upon to improve the effectiveness of OLAF.
Documents
2015/03/11
EP - End of procedure in Parliament
2015/03/10
EP - Debate in Parliament
2015/02/26
EP - Committee report tabled for plenary
Details
The Committee on Budgetary Control adopted the report by Georgi PIRINSKI (ALDE, BG) on the Annual Report 2013 on the Protection of the EU’s Financial Interests – Fight against fraud.
The report stressed that the diversity of legal and administrative systems in the Member States presents a challenging environment in which to overcome irregularities and combat fraud. The fight against fraud, corruption and money laundering in the Union must be a priority for political action by the Community institutions, and police and judicial cooperation between Member States is therefore crucial.
The main elements of the report may be summarised as follows:
Detection and reporting of non-fraudulent and fraudulent irregularities : Members stressed that close cooperation and coordination between the Commission and the Member States must be strengthened in order to ensure that the Union’s financial interests are protected effectively . They also noted that number of cases of fraud and errors rose significantly , even though their financial impact decreased. The Commission is called upon to analyse these cases better to prevent further loss of funds.
Members underlined that the current lack of results in the fight against fraud is not due to a lack of regulation but to a lack of implementation and called for the EU funds to be properly managed and used in the most efficient way possible. The Commission is called upon to assume full responsibility for the recovery of funds unduly paid from the EU budget and to establish uniform reporting principles in all Member States for the purpose of collecting the appropriate comparable and accurate data.
The report also noted that the smuggling of heavily taxed goods and trafficking in counterfeit goods causes significant losses of revenue to the budgets of the EU and the Member States.
As regards VAT , the report stated that in many Member States the VAT gap is continuously high owing to VAT fraud and avoidance. Therefore, the Commission is called upon fully use its powers in order to help the Member States in their fight against VAT fraud and tax avoidance .
Expenditure : the report noted the alarming 76 % increase in the number of irregularities reported as fraudulent regarding EU expenditure. Members called for proposals to reduce the number of spending programmes and to target programmes at the Member States who are most in need of support. Members expressed concern that in the agricultural sector the number of both irregularities in general and fraudulent activities in particular increased significantly in 2013 as compared with 2012. Targeted measures are needed to combat this trend.
Problems identified and measures required : the report underlined its concerns as regards the persisting threats to the EU budget, which stem from both failures to comply with the rules (non-fraudulent irregularities) and purposeful wrongdoings and criminal offences (i.e. fraud). Members called on the Commission to develop common guidelines and indicators in order to narrow the gap between the different approaches of the Member States and to develop a unified and comprehensive information bank on irregularities actually instigated and on measures taken, thus providing authorities and citizens with trustworthy, comparable and centralised data for the implementation of effective corrective measures.
Another problem is the delay between the occurrence of an irregularity and its detection. Reporting and management systems should be improved in this regard.
Cooperation with anti-fraud bodies : the Commission is invited to create a mechanism for the exchange of information between the national competent authorities with a view to helping to detect any transnational fraud in the context of the new MFF 2014-2020. Moreover, the Commission is called upon to promote adequate legislation on the protection of whistle-blowers , access to information and the transparency of lobbying, It should also further enhance its supervisory role in respect of EU budget expenditure.
European Public Prosecutor's Office (EPPO) : Members reiterated their call for an independent and efficient EPPO , operating as a single office which investigates, prosecutes and brings to court the perpetrators of criminal offences affecting the Union’s financial interests.
Lastly, the report noted that the level of irregularities and fraud caused by non-compliance with public procurement rules remains high. Members called on the Member States to transpose rapidly into national law the recently adopted Directives on public procurement and on the award of concession contracts in order to further mitigate the risk of irregularities and fraud.
Documents
2015/02/24
EP - Vote in committee
2015/01/09
EP - Committee opinion
Documents
2014/12/12
EP - Amendments tabled in committee
Documents
2014/12/05
EP - Committee opinion
Documents
2014/11/24
EP - Committee referral announced in Parliament
2014/11/05
EP - Committee draft report
Documents
2014/11/05
EP - MACOVEI Monica (PPE) appointed as rapporteur in LIBE
2014/10/01
EP - PIRINSKI Georgi (S&D) appointed as rapporteur in CONT
2014/09/22
EP - ARIMONT Pascal (PPE) appointed as rapporteur in REGI
2014/07/17
EC - Non-legislative basic document published
Details
PURPOSE: to present the Commission’s annual report on the protection of the European Union’s financial interests.
CONTENT: the report covers the measures taken by the Commission and Member State in the fight against fraud, and their results. The conclusions and recommendations included in the report are based on an analysis of the information available for the past five years (2009-2013) and the problems and risks identified during this time.
Measures to protect the EU’s financial interests - 2009-2013 : this series of measures started in 2011, when the Commission adopted its multi-annual Anti-Fraud Strategy (CAFS). The Strategy was pivotal in raising awareness of fraud among the national authorities responsible. and specific anti‑fraud provisions were introduced into the new spending programmes for 2014-20. A second milestone was marked by the adoption of the new OLAF Regulation in 2013.
In 2013, the Hercule II Programme (2007-13) continued to support actions aimed at strengthening the operational and investigative capacity of customs and law enforcement agencies to combat fraud against the EU.
In 2012 and 2013, the Commission addressed the criminal law aspect of the protection of the
EU's financial interests by adopting proposals for:
· a directive on the fight against fraud by means of criminal law in July 2012 which should remove loopholes in Member States' anti-fraud legislation that impede the effective prosecution of fraudsters;
· a regulation on the establishment of a European Public Prosecutor’s Office (EPPO) in July 2013.
The Commission has also taken a number of significant measures specifically to protect the revenue side of the EU budget. These include:
· the proposal for an amendment of Regulation 515/97 on mutual administrative assistance in the customs area;
· the Directives on a quick reaction mechanism against VAT fraud and a reverse charge mechanism;
· the signing of the FCTC Protocol against illicit tobacco trade; and
· the Communication on the fight against tobacco smuggling in 2013 .
The Commission invites the co-legislators to swiftly complete the legislative work started and to adopt the pending proposals.
Detection and reporting of irregularities : in 2013, 1609 irregularities were reported as fraudulent (this includes both suspected and established fraud), involving EUR 309 million in EU funds.
· There are still significant differences in the number of fraudulent irregularities reported by each Member State, possibly due to different approaches to detecting fraud and different interpretations when applying the legal framework.
· Reported fraudulent irregularities have been decreasing on the revenue side.
· On the expenditure side, their number dropped sharply between 2009 and 2011, but is increasing again.
· The involvement of administrative bodies in detecting fraudulent irregularities has continued to increase and the use of falsified documentation has become the most common way of committing fraudulent acts.
· Irregularities not reported as fraudulent have increased, particularly in terms of amounts.
Preventive and corrective measures : in 2013, the Commission made several decisions to ensure that EU resources are spent according to the principle of sound financial management and that EU financial interests are protected.
· It made 217 decisions to interrupt payment (involving over EUR 5 billion) in the cohesion policy area. Of these, 131 were still open at the end of 2013 (involving about EUR 2 billion of interrupted payments).
· The Commission also made four new suspension decisions (three of these were still ongoing at the end of the year).
· The Commission made financial corrections of over EUR 2.5 billion and issued recovery orders for EUR 955 million.
Anti-Fraud Coordination Services (AFCOS) : the report focuses on the requirement for each Member States to set up an Anti-Fraud Coordination Service (AFCOS) to facilitate effective cooperation and exchange of information with the European Anti-Fraud Office (OLAF).
So far, 23 Member States have appointed an AFCOS. These include all post-2004 Member States, plus Belgium, Denmark, Greece, France, Italy, the Netherlands, Austria, Portugal,
Finland and the United Kingdom.
The responsibilities of national AFCOS vary depending on the country. All Member States gave their AFCOS a coordinating role, albeit to varying extents. Only a few Member States empowered their AFCOS to act in an investigative capacity.
The four Member States who have not formally designated their AFCOS yet – Ireland, Spain, Luxembourg and Sweden - are expected to finalise these before the end of 2014.
Amongst other recommendations, the Commission invites Member States to :
· take into account the recommendations included in the anti-corruption reports and the best practices highlighted there ;
· implement the legal requirements regarding main regulatory provisions for the 2014-20 spending programmes according to the guidelines on fraud risk assessments and effective and proportionate ant-fraud measures, adopted with national authorities ;
· review their control strategies to ensure that well-targeted, risk-based customs controls are in place to make it possible to effectively detect fraudulent import operations ;
· step up work to ensure timely reporting on and updating of fraud and irregularity cases. To ensure effective monitoring and follow-up, reliable information on fraud and irregularity cases should be entered in OWNRES ;
· correctly implement the EU’s anti-fraud rules, based on carefully prepared and up-to-date fraud risk assessments , and supported by adequate IT tools that will help to better target checks ;
· ensure structured coordination (exchange of data and information) between anti-fraud bodies and managing authorities, which has proved to be a best practice.
As some Member States report very low numbers of fraudulent irregularities, the Commission recommends strengthening their work on detecting and/or reporting fraud : (i) in the area of cohesion policy: France, Spain, Ireland, Hungary, Denmark and the Netherlands; (ii) in the area of agriculture: Lithuania, the Netherlands, Portugal and Finland.
It is recalled that the European Parliament resolution of 3 July 2013 welcomed OLAF’s work on implementing the action plan on cigarette smuggling and the Protocol on eliminating illicit trade in tobacco products.
The Commission supports the European Parliament’s recommendation for Member States to make it easier for tax officials to access customs data. It adopted new provisions on irregular payments, as requested by Parliament in discussions on the recovery system in the agricultural sector.
Lastly, the Commission appreciates the Parliament’s support for the Anti-Fraud Strategy for administrative arrangements with third countries and international organisations.
Documents
Documents
- Commission response to text adopted in plenary: SP(2015)344
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0062/2015
- Committee report tabled for plenary: A8-0024/2015
- Committee opinion: PE541.595
- Amendments tabled in committee: PE544.118
- Committee opinion: PE541.457
- Committee draft report: PE539.821
- Non-legislative basic document published: COM(2014)0474
- Non-legislative basic document published: EUR-Lex
- Committee draft report: PE539.821
- Committee opinion: PE541.457
- Amendments tabled in committee: PE544.118
- Committee opinion: PE541.595
- Commission response to text adopted in plenary: SP(2015)344
Activities
- Jonathan ARNOTT
Plenary Speeches (3)
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (A8-0024/2015 - Georgi Pirinski)
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (debate)
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (debate)
- Ivan JAKOVČIĆ
Plenary Speeches (3)
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (A8-0024/2015 - Georgi Pirinski) HR
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (debate) HR
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (debate) HR
- Marco VALLI
Plenary Speeches (3)
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (A8-0024/2015 - Georgi Pirinski) IT
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (debate) IT
- 2016/11/22 Annual report 2013 on the protection of EU's financial interests - Fight against fraud (debate) IT
- Zigmantas BALČYTIS
- Nicola CAPUTO
- Notis MARIAS
- József NAGY
- Georgi PIRINSKI
- Davor ŠKRLEC
- Richard SULÍK
- Tibor SZANYI
- Michael THEURER
- Miguel VIEGAS
- Louis ALIOT
Plenary Speeches (1)
- Marina ALBIOL GUZMÁN
Plenary Speeches (1)
- Jean ARTHUIS
Plenary Speeches (1)
- Marie-Christine ARNAUTU
Plenary Speeches (1)
- Inés AYALA SENDER
Plenary Speeches (1)
- Nikolay BAREKOV
Plenary Speeches (1)
- Gerard BATTEN
Plenary Speeches (1)
- Hugues BAYET
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Steeve BRIOIS
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- Alain CADEC
Plenary Speeches (1)
- Nessa CHILDERS
Plenary Speeches (1)
- Salvatore CICU
Plenary Speeches (1)
- Alberto CIRIO
Plenary Speeches (1)
- Therese COMODINI CACHIA
Plenary Speeches (1)
- Michel DANTIN
Plenary Speeches (1)
- Rachida DATI
Plenary Speeches (1)
- Ian DUNCAN
Plenary Speeches (1)
- Bill ETHERIDGE
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Christofer FJELLNER
Plenary Speeches (1)
- Lorenzo FONTANA
Plenary Speeches (1)
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- Francisco de Paula GAMBUS MILLET
Plenary Speeches (1)
- Elisabetta GARDINI
Plenary Speeches (1)
- Enrico GASBARRA
Plenary Speeches (1)
- Michela GIUFFRIDA
Plenary Speeches (1)
- Ingeborg GRÄSSLE
Plenary Speeches (1)
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Brian HAYES
Plenary Speeches (1)
- Ian HUDGHTON
Plenary Speeches (1)
- Pablo IGLESIAS
Plenary Speeches (1)
- Carlos ITURGAIZ
Plenary Speeches (1)
- Cătălin Sorin IVAN
Plenary Speeches (1)
- Benedek JÁVOR
Plenary Speeches (1)
- Marc JOULAUD
Plenary Speeches (1)
- Philippe JUVIN
Plenary Speeches (1)
- Barbara KAPPEL
Plenary Speeches (1)
- Afzal KHAN
Plenary Speeches (1)
- Janusz KORWIN-MIKKE
Plenary Speeches (1)
- Cécile Kashetu KYENGE
Plenary Speeches (1)
- Giovanni LA VIA
Plenary Speeches (1)
- Marine LE PEN
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Monica MACOVEI
Plenary Speeches (1)
- Vladimír MAŇKA
Plenary Speeches (1)
- Ivana MALETIĆ
Plenary Speeches (1)
- Dominique MARTIN
Plenary Speeches (1)
- Barbara MATERA
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Morten MESSERSCHMIDT
Plenary Speeches (1)
- Jean-Luc MÉLENCHON
Plenary Speeches (1)
- Miroslav MIKOLÁŠIK
Plenary Speeches (1)
- Giulia MOI
Plenary Speeches (1)
- Sorin MOISĂ
Plenary Speeches (1)
- Marlene MIZZI
Plenary Speeches (1)
- Sophie MONTEL
Plenary Speeches (1)
- Alessia Maria MOSCA
Plenary Speeches (1)
- Renaud MUSELIER
Plenary Speeches (1)
- Liadh NÍ RIADA
Plenary Speeches (1)
- Rolandas PAKSAS
Plenary Speeches (1)
- Gilles PARGNEAUX
Plenary Speeches (1)
- Florian PHILIPPOT
Plenary Speeches (1)
- Julia PITERA
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Salvatore Domenico POGLIESE
Plenary Speeches (1)
- Franck PROUST
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Liliana RODRIGUES
Plenary Speeches (1)
- Fernando RUAS
Plenary Speeches (1)
- Matteo SALVINI
Plenary Speeches (1)
- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Jean-Luc SCHAFFHAUSER
Plenary Speeches (1)
- Claudia SCHMIDT
Plenary Speeches (1)
- Remo SERNAGIOTTO
Plenary Speeches (1)
- Czesław Adam SIEKIERSKI
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Branislav ŠKRIPEK
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Catherine STIHLER
Plenary Speeches (1)
- Patricija ŠULIN
Plenary Speeches (1)
- Neoklis SYLIKIOTIS
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Pavel TELIČKA
Plenary Speeches (1)
- Ángela VALLINA
Plenary Speeches (1)
- Derek VAUGHAN
Plenary Speeches (1)
- Janusz WOJCIECHOWSKI
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Plenary Speeches (1)
- Sotirios ZARIANOPOULOS
Plenary Speeches (1)
- Inês Cristina ZUBER
Plenary Speeches (1)
Votes
A8-0024/2015 - Georgi Pirinski - Am 11 #
2015/03/11 Outcome: -: 409, +: 293, 0: 4
NIA8-0024/2015 - Georgi Pirinski - Am 12 #
2015/03/11 Outcome: -: 366, +: 329, 0: 8
A8-0024/2015 - Georgi Pirinski - Am 13 #
2015/03/11 Outcome: -: 410, +: 248, 0: 44
A8-0024/2015 - Georgi Pirinski - Am 14 #
2015/03/11 Outcome: -: 346, +: 324, 0: 32
A8-0024/2015 - Georgi Pirinski - Résolution #
2015/03/11 Outcome: +: 636, 0: 62, -: 9
| Amendments | Dossier |
| 154 |
2014/2155(INI)
2014/11/17
REGI
48 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Notes that 321 irregularities reported as fraudulent and 4 672 reported as non- fraudulent were cohesion-policy related; recalls how important it is to differentiate non-fraudulent and fraudulent irregularities; points out that in both categories the number of reports increased by 15 % as compared to 2012 while the related amounts decreased; observes that, as in previous years, the largest share of amounts that involved irregularities in 2013 (63 %) is nonetheless still related to cohesion policy; notes also that for the first time cohesion policy was not the area of budgetary expenditure with the highest number of irregularities reported as fraudulent;
Amendment 10 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy stems from different approaches between and within Member States to the detection and classification of irregularities; accordingly urges the Commission to iron out these differences;
Amendment 11 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy stems from different approaches between and within Member States to the detection
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Acknowledges that simplification of rules and procedures may decrease the number of non-fraudulent irregularities; maintains, however, that clear and strong rules including strict application are essential to prevent fraud;
Amendment 13 #
Draft opinion Paragraph 2 a (new) 2a. Wishes a new approach concerning the qualification and control of the funds allocation; considers that a particular effort should be put on the fields where the irregularities with frauds are more massive;
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2a. Notes that most of the errors and irregular payments arise because of non- compliance with public procurement rules; stresses in this regard - in order to guarantee proper financial management of EU funds and avoid fraud as well as illegitimate spending - the necessity to ensure the transparency of public procurements, particularly in the selection of contractors;
Amendment 15 #
Draft opinion Paragraph 2 a (new) 2a. Notes that, often, the irregularities that are not fraudulent are the result of mistakes caused by a lack of knowledge of the rules or by the fact that those rules are too complicated; calls, therefore, on the Commission, the Member States, the regions and the local authorities to work towards simplifying the rules whilst at the same time providing training for the authorities and staff managing cohesion policy funds;
Amendment 16 #
Draft opinion Paragraph 3 3. Appreciates the efforts made by the Member States to detect, evaluate and/or report irregularities, including fraud; calls on the Member States and their authorities to ensure stronger ex-ante coordination and evaluation and to tap their potential to detect and correct errors prior to claiming reimbursement from the Commission by making full use of the information available to them;
Amendment 17 #
Draft opinion Paragraph 3 3. Appreciates the efforts made by the Member States to detect, evaluate and/or report irregularities, including fraud and calls on them to step up these efforts; calls on the Member States and their authorities
Amendment 18 #
Draft opinion Paragraph 3 3. Appreciates the efforts made by the Member States to detect, evaluate and/or report irregularities, including fraud; calls on the Member States and their authorities to ensure stronger ex-ante coordination and evaluation; observes that a number of Member States are already providing a statement of declaration of financial interest, which constitutes an example worth following;
Amendment 19 #
Draft opinion Paragraph 3 3. Appreciates the efforts made by the Member States to detect, avoid, evaluate and/or report irregularities, including fraud; calls on the Member States and their authorities to ensure stronger ex-ante coordination and evaluation
Amendment 2 #
Draft opinion Paragraph 1 1. Notes that 321 irregularities reported as fraudulent and 4 672 reported as non- fraudulent were cohesion-policy related; points out that in both categories the number of reports increased by 15 % as compared to 2012 while the related amounts decreased; observes that, as in previous years, the largest share of
Amendment 20 #
Draft opinion Paragraph 3 3.
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3a. Recalls the importance of capacity building, both in public administrations and among stakeholders including civil society organisations, which contributes to the prevention of irregularities and fight against corruption;
Amendment 22 #
Draft opinion Paragraph 3 a (new) 3a. Underlines the importance of anti- fraud education and awareness building in anti-fraud prevention as well as further tackling the problem of fraud;
Amendment 23 #
Draft opinion Paragraph 3 a (new) 3a. Urges the Council and Commission to withhold financial assistance from countries with unsatisfactory scores on the Transparency International Corruption Perceptions Index;
Amendment 24 #
Draft opinion Paragraph 3 a (new) 3a. Points out that the misappropriation of EU resources is inadmissible at a time of budgetary constraint and recurrent payment deficits in Europe;
Amendment 25 #
Draft opinion Paragraph 4 – introductory part 4. Underlines, in addition, the importance of external assistance and controls in the fight against irregularities and fraud and the introduction of measures to protect the EU budget; supports in this context the anti-fraud strategies recently developed by the EU, and in particular, calls on:
Amendment 26 #
Draft opinion Paragraph 4 – point a (a)
Amendment 27 #
Draft opinion Paragraph 4 – point a (a) all Member States to designate an anti- fraud coordination service
Amendment 28 #
Draft opinion Paragraph 4 – point a (a) all Member States to designate an anti- fraud coordination services (AFCOS) and entrust it with substantial competences and powers, and calls on the Commission to ensure their harmonisation throughout Member States;
Amendment 29 #
Draft opinion Paragraph 4 – point a (a) all Member States to designate an anti- fraud coordination services (AFCOS), provide it with sufficient human and financial resources and entrust it with substantial competences and powers;
Amendment 3 #
Draft opinion Paragraph 1 1. Notes with concern that 321 irregularities reported as fraudulent and 4 672 reported as non-
Amendment 30 #
Draft opinion Paragraph 4 – point a (a) all Member States to designate an anti- fraud coordination services (AFCOS) with sufficient economic and human resources and entrust it with substantial competences and powers;
Amendment 31 #
Draft opinion Paragraph 4 – point b (b) the Council to
Amendment 32 #
Draft opinion Paragraph 4 – point b (b) the Council to support the directive on the fight against fraud to the EU’s financial interests by means of criminal law and, in addition, to withhold further financial aid from countries manifestly guilty of fraud; and
Amendment 33 #
Draft opinion Paragraph 4 – point b (b) the Council to support the directive on the fight against fraud to the
Amendment 34 #
Draft opinion Paragraph 4 – point c Amendment 35 #
Draft opinion Paragraph 4 – point c Amendment 36 #
Draft opinion Paragraph 4 – point c Amendment 37 #
Draft opinion Paragraph 4 – point c (c) the Council to
Amendment 38 #
Draft opinion Paragraph 4 – point c (c) the Council to support the establishment of a European Public Prosecutor’s Office (EPPO), provided that the relationship between the EPPO and other existing bodies such as OLAF is further defined and clearly demarcated, so that OLAF retains the necessary resources to carry out any anti-fraud activities that do not fall within the EPPO’s mandate, especially given that several Member States will probably opt- out of the EPPO altogether.
Amendment 39 #
Draft opinion Paragraph 4 – point c (c) the Council to support the establishment of an independent European Public Prosecutor’s Office (EPPO)
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. The number of cases increasing is a source for concern, regardless of the financial value;
Amendment 40 #
Draft opinion Paragraph 4 – point c a (new) (ca) the Commission and Commission representatives to increase the number of their on-the spot-audits;
Amendment 41 #
Draft opinion Paragraph 4 – point c a (new) (ca) the Member States to make all necessary efforts when implementing the recently adopted public procurement and concessions directives.
Amendment 42 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Member States to quickly transpose into their national law the adopted directives on public procurement, on procurement by entities operating in the utilities sectors: water, energy, transport and postal services, and on the award of concession contracts;
Amendment 43 #
Draft opinion Paragraph 4 a (new) 4a. Notes that in order to effectively tackle irregularities, whether fraudulent or non- fraudulent, adequate resources need to be available particularly in relation to the administrative capacity thematic objective;
Amendment 44 #
Draft opinion Paragraph 4 a (new) 4a. Points out that cohesion policy reform has led to decentralized EU fund management; calls on Member States to educate and empower new local management authorities to effectively combat fraud and irregularities;
Amendment 45 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the European institutions and the Member States to assess at mid-term if the new regulatory architecture of the cohesion policy further prevents and reduces the risk of irregularities as well as to evaluate a greater regulatory simplification of the existing rules;
Amendment 46 #
Draft opinion Paragraph 4 b (new) 4b. Recalls its deep concern regarding the unpaid bills of the EU; believes that this issue must be addressed when fighting irregularities;
Amendment 47 #
Draft opinion Paragraph 4 b (new) 4b. Notes that it may be useful to allow local management authorities to seek answers directly from the Commission regarding the technical aspects of cohesion policy implementation and thus help them combat any fraud or irregularity; asks the Commission to assess the possibility of establishing a single, direct point of contact between it and the local management authorities to this end.
Amendment 48 #
Draft opinion Paragraph 4 c (new) 4c. Notes the large amounts of funding that are wasted and lost from EU Programmes due to non-fraudulent and fraudulent irregularities and that this is particularly deplorable given the current economic difficulties in EU Member States, cuts to the EU budget in 2014- 2020 period and the climate of austerity.
Amendment 5 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy may stem
Amendment 6 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy stems from
Amendment 7 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy stems from different approaches between and within Member States to the detection and classification of irregularities; considers that, besides the statistical approach of this report, a presentation of irregularities which would define their type and nature would be useful in order to adapt the policies;
Amendment 8 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy stems from different approaches between and within Member States to the detection and classification of irregularities; considers further harmonisation among Member States necessary including on reporting of irregularities;
Amendment 9 #
Draft opinion Paragraph 2 2. Notes that this statistical data still only gives an approximate indication of the impact of irregularities on the EU budget; believes that the inaccuracy stems from different approaches between and within Member States to the detection and classification of irregularities; takes the view, moreover, that it is highly inadvisable to accord financial aid to manifestly corrupt countries;
source: 541.633
2014/12/09
LIBE
17 amendments...
Amendment 1 #
Draft opinion Paragraph A A. whereas in order to enhance the existing measures, such as the PIF Convention, for fighting fraud, corruption, money laundering and other illegal activities affecting the financial interests of the Union, the Commission has submitted two proposals for criminal law instruments, the PIF Directive and the EPPO Regulation,
Amendment 10 #
Draft opinion Paragraph 4 4. Reiterates its call for an independent and efficient EPPO, operating as a single office which investigates, prosecutes and brings to court the perpetrators of criminal offences affecting the Union’s financial interests, while ensuring that procedural safeguards for the suspected and accused persons are protected; reiterates also the importance of ensuring that EPPO does not duplicate competences with OLAF and Eurojust; stresses the importance of a common agreement of Parliament and the Council in the selection and appointment procedures for independent prosecutors with investigative powers in Member States;
Amendment 11 #
Draft opinion Paragraph 4 4. Reiterates its call for an independent and efficient EPPO, operating as a single office which investigates, prosecutes and brings to court the perpetrators of criminal offences affecting the Union’s financial interests, while ensuring that procedural safeguards for the suspected and accused persons are protected; stresses the importance of a common agreement of Parliament and the Council in the selection and appointment procedures for independent prosecutors with investigative powers in Member States; points out that establishing the EPPO will require effective coordination between the EPPO, EUROJUST and OLAF;
Amendment 12 #
Draft opinion Paragraph 4 4. Reiterates its call for an
Amendment 13 #
Draft opinion Paragraph 4 4.
Amendment 14 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to come up with a survey of the potential differences between the procedural safeguards laid down in the EPPO Regulation and those provided by the instruments concerning the rights of suspects and accused persons which have been or are being developed in the context of the Roadmap on Procedural Rights;
Amendment 15 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the Council and the Commission to clarify the role of OLAF and EPPO, if not all Member States participate in EPPO, and to explain how co-operation with national enforcement authorities will work in that case;
Amendment 16 #
Draft opinion Paragraph 4 c (new) 4c. Calls on Member States to prosecute those who are suspected of fraud or other illegal activities affecting the financial interests of the Union, also if financial corrections have been made by the Commission;
Amendment 17 #
Draft opinion Paragraph 5 a (new) 5a. Recalls the findings and recommendations of the first Commission report on anti-corruption policy in the EU, published in February 2014, and reaffirms the particular importance of intensifying exchanges of the current good practices highlighted in that report;
Amendment 2 #
Draft opinion Paragraph A a (new) Aa. whereas an efficient fight against fraud, corruption, money laundering and other illegal activities affecting the financial interests of the Union can be ensured only by transferring powers back to the Member States, making the consequent extensive cuts to the EU budget and guaranteeing strict and effective control at nation-state level;
Amendment 3 #
Draft opinion Paragraph A a (new) Aa. whereas the fight against fraud, corruption and money laundering in the Union must be a priority for political action by the Community institutions, and police and judicial cooperation between Member States is therefore crucial;
Amendment 4 #
Draft opinion Paragraph 1 1. Acknowledges the Commission’s recommendation to the co-legislators regarding swift completion of the legislative work and adoption of the PIF Directive and the EPPO Regulation; recalls, however, that the ultimate goal is to be able to rely on sound and effective legal instruments in the Member States in the fight against fraud;
Amendment 5 #
Draft opinion Paragraph 2 2. Is convinced that the means of criminal law in the PIF Directive will be effective only if they succeed in providing a clear definition of PIF offences, minimum- maximum imprisonment penalties applicable in all participating Member States, and minimum rules on the statute of limitations, and if these rules are then implemented equally and efficiently by all Member States;
Amendment 6 #
Draft opinion Paragraph 2 2. Is convinced that the means of criminal law in the PIF Directive will be effective only if they succeed in providing a clear definition of commonly agreed PIF offences, minimum-
Amendment 7 #
Draft opinion Paragraph 3 3. Calls on the Council to keep Parliament
Amendment 8 #
Draft opinion Paragraph 3 3. Calls on the Council to keep Parliament constantly and fully informed and consulted throughout the legislative procedure for the EPPO Regulation; urges the Council to take into due account the views of Parliament – as an institution directly elected by European citizens – at all stages of the negotiations in order to reach the necessary level of consensus enabling Parliament to give its final consent;
Amendment 9 #
Draft opinion Paragraph 4 source: 544.273
2014/12/12
CONT
89 amendments...
Amendment 1 #
Motion for a resolution Citation -2 a (new) – having regard to the United Nation's Convention against Corruption,
Amendment 10 #
Motion for a resolution Recital B B. whereas protection of the financial interests of the EU should guarantee that budget revenue and expenditure contribute towards the achievement of the EU’s priorities and objectives
Amendment 11 #
Motion for a resolution Recital B a (new) Ba. whereas EU budget spending should be fully transparent and in full compliance with the interests of Union citizens;
Amendment 12 #
Motion for a resolution Recital C C. whereas the diversity of legal and administrative systems in the Member States
Amendment 13 #
Motion for a resolution Recital C a (new) Ca. whereas any incorrect use of Union funds entails not only individual but also collective losses and harms the interests of each Member State and of the Union as a whole;
Amendment 14 #
Motion for a resolution Paragraph -1 (new) -1. Emphasises that it is incumbent on both the Commission and the Member States to do everything in their power to fight 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 15 #
Motion for a resolution Paragraph 1 1.
Amendment 16 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission report on the Protection of the European Union’s financial interests – Fight against fraud – Annual Report 2013 (the Commission’s ‘annual report’), in which it outlined the broad range of legal and administrative measures taken by the Commission since 2011, thus shaping a new landscape for the further enhancement of the policy for protection of the financial interests of the Union; underlines that the current lack of results in the fight against fraud is not due to a lack of regulation but to a lack of implementation; asks the Commission to answer Parliaments demands in its previous annual PIF reports more timely in the following Commission report;
Amendment 17 #
Motion for a resolution Paragraph 3 3. Notes that although the overall financial impact of non-fraudulent irregularities reported in 2013 decreased to about EUR 1.84 billion, or 3
Amendment 18 #
Motion for a resolution Paragraph 4 4. Notes that, due to the availability of new information as a result of the significant changes in the way Member States and the Commission report irregularities, there has been a shift in focus in the Commission’s 2013 annual report from irregularities treated in general terms to those reported as fraudulent; strongly urges the Commission
Amendment 19 #
Motion for a resolution Paragraph 4 4.
Amendment 2 #
Motion for a resolution Citation -2 (new) – having regard to the Council of Europe's Civil Law and Criminal Law Conventions on Corruption,
Amendment 20 #
Motion for a resolution Paragraph 5 5.
Amendment 21 #
Motion for a resolution Paragraph 5 a (new) 5a. Calls on the Commission to assume full responsibility for the recovery of funds unduly paid from the EU budget and to establish uniform reporting principles in all Member States for the purpose of collecting the appropriate comparable and accurate data;
Amendment 22 #
Motion for a resolution Paragraph 5 b (new) 5b. Notes that in a five year perspective, the recovery rate for irregularities reported as fraudulent is 54.4% and for non-fraudulent irregularities is 63.9%; urges the Commission to further improve the recovery process and to make it more timely;
Amendment 23 #
Motion for a resolution Paragraph 5 c (new) 5c. Is concerned since recovery for the EAGF is below the overall average and not even half of the irregularities detected in 2009 were recovered at the end of 2013;
Amendment 24 #
Motion for a resolution Paragraph 6 6. Welcomes the fact that 98 % of TORs are collected without significant problems, with reported fraudulent irregularities representing 0.29 % of gross established TORs (with a value of EUR 61 million) and non-fraudulent irregularities representing 1.57 % of TORs (with a value
Amendment 25 #
Motion for a resolution Paragraph 6 a (new) 6a. Is concerned that in 2013 most of the established amounts in OWNRES in the EU-28 related to the customs procedure 'release for free circulation' for both fraud cases (93%) and irregularity cases (87%); calls on the Commission to take appropriate actions aiming at reinforcing the customs procedure 'release for free circulation' in order to make the latter less prone to fraud and irregularity occurrences;
Amendment 26 #
Motion for a resolution Paragraph 6 b (new) 6b. Notes that the overall trend in detecting and reporting potential fraudulent irregularities in the last five years shows a slow decrease but the number of irregularities not reported as fraudulent has progressively increased; asks the Commission for an analyses that answers the questions whether the trend is due to a shift towards detecting irregular cases or to the way in which Member States classify cases;
Amendment 27 #
Motion for a resolution Paragraph 6 c (new) 6c. Welcomes the signature of the UN Protocol to Eliminate Illicit Trade in Tobacco Products by the European Union in 2013; observes that 15 Member States signed the Protocol and that at present it was ratified by Austria only; invites therefore the remaining Member States to complete their respective ratification process as soon as possible;
Amendment 28 #
Motion for a resolution Paragraph 7 7. Underlines the fact that the smuggling of heavily taxed goods causes significant losses of revenue to the budgets of the EU and the Member States, and that direct losses in customs revenue as a result of
Amendment 29 #
Motion for a resolution Paragraph 7 a (new) 7a. Refers to the on-going work to improve the GNI Data and issues raised in the European Court of Auditors Special Report 11/2013 which calls for shorter, more focussed verification of GNI figures and improved reporting and co-ordination over results, so that the GNI system becomes ever more reliable in its contribution to the calculation of EU revenues;
Amendment 3 #
Motion for a resolution Citation 3 – having regard to the Commission report of 17 July 2014 entitled
Amendment 30 #
Motion for a resolution Paragraph 7 b (new) 7b. Underlines the fact that in many Member States the VAT Gap is continuously on a high level due to VAT fraud and avoidance; emphasizes that the Commission has the competence to control and supervise the measures taken by the Member States, therefore calls on the Commission to fully use its powers in order to help the Member States in their fight against VAT fraud and tax avoidance;
Amendment 31 #
Motion for a resolution Paragraph 7 c (new) 7c. Notes further that 133 cases of smuggled cigarettes were registered by the Member States in 2013 involving an estimated TOR of around EUR 7 million; underlines that this trend represents a sharp decrease compared to 2012 where 224 cases involving around EUR 25 million were reported; is seriously concerned by the fact that Denmark, Estonia, Spain, France, Cyprus, Luxembourg, Portugal, Slovenia, Slovakia and Sweden reported no cases of smuggled cigarettes to the Commission in 2013 and questions the efficiency of the reporting process in those Member States; insists upon all Member States to report smuggling and counterfeiting cases to the Commission in an accurate and timely manner so as to enable a better estimation of the TOR adversely affected;
Amendment 32 #
Motion for a resolution Paragraph 7 d (new) 7d. Notes that the Commission will publish a study on the feasibility of a tracking and tracing system for tobacco products; underlines that this is a huge step forward in the fight against smuggling; demands from the Commission to implement and design an open and competitive track and trace system, so that the design and way the system is implemented does not favour one single or only a few solution providers;
Amendment 33 #
Motion for a resolution Paragraph 7 e (new) 7e. Notes that inclusion of the invisible economy in national accounts should contribute to ensuring more complete and reliable GNI data, and calls on the Commission and Eurostat to deepen the co-operation with national statistical institutions to ensure that this element is dealt with in a coherent and comparable way in all Member States, using the most up to date information;
Amendment 35 #
Motion for a resolution Paragraph 7 f (new) Amendment 36 #
Motion for a resolution Paragraph 8 8. Draws attention to the alarming increase of 76 % in the number of irregularities reported as fraudulent regarding EU expenditure and urges the competent authorities to take all necessary measures to
Amendment 37 #
Motion for a resolution Paragraph 8 a (new) 8a. (a) Notes that the Commission is not very clear about the reasons for the increase in the number of irregularities as fraudulent. At first, the Commission states in its Communication that this mainly reflects the increased resources made available to various spending programmes, more programmes being implemented, and the fact that European institutions and national audit services are paying more attention to the management of funds, whereas elsewhere it argues that the most likely factor causing the increase is the fact that the EU institutions (the European Commission and Court of Auditors) and national services have paid more attention to and exercised greater control over the management of EU funds; (b) Requests the Commission to examine in more detail which are the main underlying reasons for the increase in irregularities; (c) Calls for proposals to reduce the number of spending programmes, in particular, when they partly overlap, and to target programmes, whenever possible, to Member States who are in need of support most, so that not all programmes necessarily benefit activities in all Member States;
Amendment 38 #
Motion for a resolution Paragraph 9 9. Expresses concern that in the agricultural sector the number of both irregularities in general and fraudulent activities in particular increased significantly in 2013 as compared with 2012; notes that a new significant infringement trend referring to the 'beneficiary not having the required quality' occurred in 2013 with 51 fraudulent irregularity cases reported; considers that these trends require targeted measures aimed at on the one hand eliminating practices which may potentially lead to inadvertent infringements, and on the other hand aggressively confronting corrupt and criminal behaviour;
Amendment 39 #
Motion for a resolution Paragraph 9 a (new) 9a. Acknowledges that in the agriculture and rural development area, Member States recovered EUR 197 million from the beneficiaries during the financial year 2013 while EUR 1 318.3 million remains to be recovered from the beneficiaries at year end of which EUR 1 097.1 million is outstanding to the EU budget following the application of the 50/50 mechanism;
Amendment 4 #
Motion for a resolution Citation 8 a (new) – having regard to the Special Eurobarometer 397 Report on Corruption,
Amendment 40 #
Motion for a resolution Paragraph 10 a (new) 10a. Acknowledges that following the 2013 CAP reform Member States benefit from a higher degree of flexibility in the implementation of the policy and are notably allowed to customise it to their regional or national capabilities and priorities and to make transfers between its different pillars; calls on the Commission and the Member States to ensure that the increase in flexibility will not be at the expense of the monitoring and evaluation systems; notes further that in the framework of the new CAP the Commission is working on a simplification agenda; calls on the Commission to align the simplification agenda fully with DG AGRI's anti-fraud strategy and to maintain balance between simplification and the sound management of EU fund by ensuring adequate controls;
Amendment 41 #
Motion for a resolution Paragraph 12 a (new) 12a. Regrets however the lack of information on the amounts to be recovered and the recovery rates specifically related to the cohesion policy for the financial year 2013; calls on the Commission to provide detailed information on this respect in its future annual report;
Amendment 42 #
Motion for a resolution Paragraph 14 a (new) 14a. Takes note that in 2013 the Commission proceeded to 217 interruptions of payment in the cohesion policy area and that 131 were still opened at year-end involving an amount of nearly EUR 2 million; acknowledges further that the Commission adopted four suspension decisions in 2013 and two in January 2014;
Amendment 43 #
Motion for a resolution Paragraph 14 b (new) 14b. Acknowledges that in 2013, as part of the Pre-Accession Assistance (PAA), 33 irregularities were reported as fraudulent with an affected amount of EUR 14.4 million and that those irregularities are mainly related to SAPARD; notes in addition that nine fraudulent irregularities involving an amount of EUR 1.2 million were reported under the Instrument for Pre-Accession (IPA); observes that between 2003 and 2013 under the PAA the recovery rates reached 37.36% and 29.22% respectively for irregularity cases and fraudulent cases; calls on the Commission and the IPA beneficiary countries to take actions in order to ensure a higher recovery rate under IPA;
Amendment 44 #
Motion for a resolution Paragraph 14 c (new) 14c. Observes that the recommendations made by the Commission to Member States in 2012 – particularly on the anti- fraud coordination services, the common rules on fraud, the reform of public procurement, the reported fraudulent irregularities, the systems of checks and controls and of risk assessment – were generally appropriate, and finds it regrettable that a number of concerns were not fully addressed; notes for instance that preparations were not launched by all Member States for the implementation of the MFF 2014-2020 and its provisions on fraud prevention; calls on Member States to follow-up on the Commission's recommendations made in 2012 and to ensure that those made to them in its 2011 report are followed in full, and that where action on recommendations cannot be taken they submit a reasoned explanation;
Amendment 45 #
Motion for a resolution Paragraph 15 15. Underlines its concerns as regards the persisting threats to the EU budget, which stem from both failures to comply with the rules (non-fraudulent irregularities) and purposeful wrongdoings and criminal offences (i.e. fraud); insists on enhanced cooperation between the Member States and the Commission with a view to securing relevant and adequate measures and means for avoiding and rectifying non-fraudulent
Amendment 46 #
Motion for a resolution Paragraph 15 15. Underlines its concerns as regards the persisting threats to the EU budget, which stem from both failures to comply with the rules (non-fraudulent irregularities) and purposeful wrongdoings and criminal offences (i.e. fraud); reiterates that there are still different approaches to detecting fraud and in some cases non-standardised interpretations when applying the legal framework; insists on enhanced cooperation between the Member States and the Commission with a view to securing relevant and adequate measures for avoiding and rectifying non-fraudulent irregularities and combatting fraud;
Amendment 47 #
Motion for a resolution Paragraph 16 16.
Amendment 48 #
Motion for a resolution Paragraph 16 16. Draws attention to the differing levels of rigour and scope employed by the Member States in reporting irregularities in general and fraudulent irregularities in particular, including in such areas as cohesion policy and agriculture, and
Amendment 49 #
Motion for a resolution Paragraph 16 16. Draws attention to the differing levels of rigour and scope employed by the Member States in reporting irregularities, in general and fraudulent irregularities in particular, including in such areas as cohesion policy and agriculture, and calls on the Commission to develop a unified and comprehensive information bank on irregularities actually instigated and on measures taken, thus providing authorities and citizens with
Amendment 5 #
Motion for a resolution Citation 8 b (new) – having regard to the VAT Gap Reports of the European Commission,
Amendment 50 #
Motion for a resolution Paragraph 16 a (new) 16a. Stresses that the situation in which Member States fail to submit data in time or to submit accurate data is one that has been recurring for many years; points out that it is impossible to make comparisons and an objective assessment of the scale of fraud in the EU Member States; notes that Parliament, the Commission, and OLAF cannot properly fulfil their task of assessing the situation and making recommendations; reiterates, therefore, that this state of affairs should not be tolerated;
Amendment 51 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on the Commission to set up a standardised, comprehensive database on irregularities actually committed and on the measures adopted in order to provide the authorities and citizens with reliable data for the implementation of effective countermeasures and enable them to objectively evaluate the actual – not merely perceived – seriousness of the offences committed and the responsibility of the parties concerned;
Amendment 52 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on the Commission to establish a public database for cases of fraud and corruption involving civil servants, in order to increase public confidence and make EU citizens more involved;
Amendment 53 #
Motion for a resolution Paragraph 16 c (new) 16c. Is concerned since for the recovery orders qualified as irregularities (both reported as fraudulent and not reported as fraudulent) issued between 2009 and 2013 under centralized management, the average delay between the occurrence of an irregularity and its detection is 3.4 years: more than half of the cases (54%) were detected within 4 years following the year when the irregularity was committed, meanwhile in the other half (46%) of the cases the delay varied between 4 and 13 years; recalls that after the detection of the irregularity further procedures kick in (recovery orders, OLAF investigations, etc.); requests the Commission to determine the average, minimum and maximum lifespan of a detected irregularity under centralized management;
Amendment 54 #
Motion for a resolution Paragraph 16 d (new) 16d. Is furthermore worried since the average delay between the occurrences of an irregularity, its detection and finally its reporting to the Commission is 6.3 years in the agricultural sector and 2.75 years; recalls that after the detection of the irregularity further procedures kick in (recovery orders, OLAF investigations, etc.); requests the Commission to determine the average, minimum and maximum lifespan of a detected irregularity under shared management for each policy sector;
Amendment 55 #
Motion for a resolution Paragraph 17 17. Points out that modifications to the rules pertaining to both revenue and expenditure, including those aimed at simplification, require time for adoption on the part of the authorities responsible for their proper implementation; urges the Member States and the Commission, in this connection, to better coordinate the interpretation of the legal framework, to implement targeted and timely measures to strengthen administrative capacities, including by means of guidance and training and by establishing schemes for retaining qualified and skilled staff;
Amendment 56 #
Motion for a resolution Paragraph 18 18. C
Amendment 57 #
Motion for a resolution Paragraph 18 18. Considers that Member States which detect and report irregularities, including cases of fraud, on their own should be supported and encouraged to further improve their reporting and management systems
Amendment 58 #
Motion for a resolution Paragraph 18 18. Considers that Member States which detect and report irregularities, including cases of fraud, on their own should be supported and encouraged to further improve their reporting and management systems
Amendment 59 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on the Commission to carry out an assessment during the execution and after the implementation of projects proposed by the Member States in relation to the Structural Funds, with progressive performance audits designed to increase the effectiveness and improve the monitoring of financial investments with a view to detecting any misuse or fraud related to the project;
Amendment 6 #
Motion for a resolution Recital A A. whereas the EU budget, to which each Member State contributes
Amendment 60 #
Motion for a resolution Paragraph 19 19.
Amendment 61 #
Motion for a resolution Paragraph 19 19. Finds it unacceptable that
Amendment 62 #
Motion for a resolution Paragraph 19 19. Finds it unacceptable that certain Member States apply corrective measures only without proceeding to investigate irregularities and sanction those responsible, thus failing to adequately protect the financial interests of both the EU and individual taxpayers; considers, therefore, that the adoption of
Amendment 63 #
Motion for a resolution Paragraph 19 a (new) 19a. Notes that Member States must introduce anti-fraud monitoring procedures and that statistics regarding criminal cases and their outcome are incomplete, making it hard to evaluate fraud investigation and prosecution procedures in the Member States in order to provide a basis for future policy;
Amendment 64 #
Motion for a resolution Paragraph 20 20. Is of the opinion that effective action against corruption is possible if criminal law measures are complemented by other measures such as better transparency and accountability; insists, therefore, that Member States demonstrate firm political will in countering corruption and calls upon citizens to convincingly exert pressure on governments to vigorously pursue meaningful anti-corruption policies; urges the Commission to fulfil its obligations under the UN Convention Against Corruption and to submit regular reports on the implementation of this Convention by the EU institutions; Requests the Commission to submit a supplementary report to the European Parliament and the Council on the implementation by the European institutions of their internal anti- corruption policies;
Amendment 65 #
Motion for a resolution Paragraph 20 20. Is of the opinion that effective action against corruption is possible if criminal law measures are respected and complemented by other measures such as better transparency and accountability; insists, therefore, that Member States demonstrate firm political will in effectively countering corruption and calls upon citizens to convincingly exert pressure on governments to vigorously pursue meaningful anti-corruption policies;
Amendment 66 #
Motion for a resolution Paragraph 20 20. Is of the opinion that effective action against corruption is possible if criminal law measures are complemented by other measures such as better transparency and accountability; insists, therefore, that Member States demonstrate firm political will in countering corruption both at the national and at the EU level by adopting effective anti-corruption legislation and by proceeding with the existing proposals at EU level and calls upon citizens to convincingly exert pressure on governments to vigorously pursue meaningful anti-corruption policies;
Amendment 67 #
Motion for a resolution Paragraph 20 a (new) 20a. Welcomes the first EU Anti- corruption Report of February 2014 as a valuable tool to monitor and evaluate efforts in the fight against corruption, as well as the Commission's Communication on Fighting corruption in the EU exploring the necessary steps to better implement the existing anti-corruption instruments, and proposing ways to integrate stronger anti-corruption considerations in a number of internal and external policy areas; notes, however, the importance of extending the scope of the Anti-Corruption Report to the cross- border and EU-level element of corruption, and to the assessment of the measures taken to further improve integrity of the EU institutions, and emphasizes the need for a fully comprehensive and coherent anti- corruption strategy encompassing all EU policies that addresses, inter alia, the concerns raised in the first EU Anti- Corruption Report;
Amendment 68 #
Motion for a resolution Paragraph 20 b (new) 20b. Stresses the need for structured coordination between management authorities and anti-fraud bodies and the importance of coordination and exchange of best practices between Member States and among various administrations within the same Member State in order to homogenise, as much as possible, the approach to tackling fraud;
Amendment 69 #
Motion for a resolution Paragraph 20 c (new) 20c. 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 7 #
Motion for a resolution Recital A A. whereas the EU budget, to which each Member State contributes
Amendment 70 #
Motion for a resolution Paragraph 20 d (new) 20d. Calls on the Commission to implement an extraordinary monitoring procedure with regard to funds disbursed to those Member States in which organised crime is governed by national law;
Amendment 71 #
Motion for a resolution Paragraph 20 e (new) 20e. Calls on the Commission to promote adequate legislation on the protection of whistle-blowers, access to information and the transparency of lobbying, as these are necessary for ensuring the civic control of governments and EU institutions, and subjecting their practices to public scrutiny, as well as to use EU funding to support the work of independent organizations in this area, inter alia to establish financial support for trans-border investigative journalism;
Amendment 72 #
Motion for a resolution Paragraph 22 22. Welcomes the adoption of the public procurement directives and the directive on the awarding of concessions, and welcomes the fact that ten Member States have already introduced specific measures or sets of measures in public procurement in order to mitigate corruption and strengthen transparency and the effectiveness of management, control and audit systems; invites the Commission to proceed with the implementation of the rules on public procurement in order to provide necessary support to Member States through guidance, the sharing of best practices and training; calls on the Commission to continuously and impartially monitor the compliance of the Member States with the existing directives and start infringement procedures if necessary;
Amendment 73 #
Motion for a resolution Paragraph 24 Amendment 74 #
Motion for a resolution Paragraph 24 24. Urges the Commission to
Amendment 75 #
Motion for a resolution Paragraph 24 24. Urges the Commission to
Amendment 76 #
Motion for a resolution Paragraph 24 24. Urges the Commission to revert to interruptions and suspensions of payments
Amendment 77 #
Motion for a resolution Paragraph 24 24.
Amendment 78 #
Motion for a resolution Paragraph 25 25. Welcomes the report on the implementation of the Commission Anti- Fraud Strategy (CAFS) and the guidance provided to Member States’ managing authorities on the implementation of the relevant anti-fraud provisions; insists, however, that in the delegated and implementing acts pertaining to the European structural and investment funds the Commission adopt more simplified rules, facilitating effective and efficient absorption, while ensuring that the level of fight against fraud is not undermined by the delegated and implemented acts;
Amendment 79 #
Motion for a resolution Paragraph 25 a (new) 25a. Reiterates its call for an independent and efficient EPPO, operating as a single office which investigates, prosecutes and brings to court the perpetrators of criminal offences affecting the Union's financial interests, while ensuring that procedural safeguards for the suspected and accused persons are protected; stresses the importance of a common agreement of Parliament and the Council in the selection and appointment procedures for independent prosecutors with investigative powers in Member States;
Amendment 8 #
Motion for a resolution Recital B B. whereas protection of the financial interests of the EU alongside the principle of sound financial management should guarantee that budget revenue and expenditure contribute towards the achievement of the EU’s priorities and objectives and towards increasing the confidence of citizens by assuring them that their money is being used in full compliance with the aims and
Amendment 80 #
Motion for a resolution Paragraph 26 26. Welcomes the establishment of anti- fraud coordination services (AFCOS) in Member States as
Amendment 81 #
Motion for a resolution Paragraph 26 a (new) 26a. Acknowledges the Commission's reporting on the results of the Hercule II Programme; takes note that in 2013 the budget of Hercule II was reduced to EUR 14 million in commitment appropriations and EUR 9,9 million in payment appropriations compared to 2012 resulting in difficulties in meeting the financial commitments made in 2013 and previous years; observes with satisfaction that Hercule II activities receive an increasing interest from the Member States as demonstrated by the ever growing number of applications received following the calls for proposals; welcomes the positive results obtained in 2013 such as in Germany, Spain and Romania thanks to the deployed of highly sophisticated and transnational compatible technical equipment purchased thanks to the Programme;
Amendment 82 #
Motion for a resolution Paragraph 26 b (new) 26b. Welcomes the adoption of the Regulation establishing Hercule III for the financial period 2014-2020 which allows for an increased maximum co- funding percentage for technical assistance grants of 80% of the eligible costs and up to 90% in exceptional and duly justified cases instead of the maximum of 50% under the Hercule II Decision; notes that the first call for proposals was successfully launched in 2014; is nevertheless concerned that the Programme is already particularly affected by the issue of outstanding payments leading to possible adverse effects on funded and future projects;
Amendment 83 #
Motion for a resolution Paragraph 27 27. Welcomes the successful outcomes of numerous joint customs operations (JCOs) involving the cooperation of OLAF and Member States with various third-country services, along with active support from DG Taxation and the Customs Union, Europol and Frontex,
Amendment 84 #
Motion for a resolution Paragraph 27 a (new) 27a. Notes that in 2013 OLAF issued 353 recommendations for administrative, disciplinary, financial or judicial action to be taken by the relevant EU institutions, bodies, offices, agencies or the competent national authorities and that about EUR 402,8 million was recommended for recovery; is concerned that the rate of indictment following OLAF's judicial recommendations for the period 2006- 2013 is only about 54%; is worried since the low rate of indictment also sheds a bad light on the quality and the usability of the Office's investigative results; calls on the Commission to urgently ameliorate the effectiveness of the Office; deems a fully-fledged and proper oversight over the Offices affairs by the Supervisory Committee (without interference in on- going investigations) as indispensable and therefore urges the Commission and the Office improve the current situation in which the Supervisory Committee is not able to fulfil its purpose; regrets further the lack of information on conviction rate in cases involving offences against the Union's budget;
Amendment 85 #
Motion for a resolution Paragraph 28 28.
Amendment 86 #
Motion for a resolution Paragraph 28 28. Views the fact that in 2013 OLAF received the largest amount of information registered to date, as well as
Amendment 87 #
Motion for a resolution Paragraph 28 a (new) 28a. Calls on the OLAF Supervisory Committee to inform Parliament about the duration of OLAF investigations and the calculation method hereto as this method was changed in 2012; points out that this change may artificially reduce the apparent duration of investigations; asks the Supervisory Committee to closely analyse the quality of information provided by OLAF including the reports to the institutions;
Amendment 88 #
Motion for a resolution Paragraph 29 29.
Amendment 89 #
Motion for a resolution Paragraph 29 29.
Amendment 9 #
Motion for a resolution Recital B B. whereas protection of the financial interests of the EU should guarantee that budget revenue and expenditure contribute towards the achievement of the EU’s priorities and objectives and towards increasing the confidence of citizens by assuring them that their money is being used in a transparent way in full compliance with the aims and policies of the EU;
source: 544.118
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History
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