Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['CONT', 'BUDG'] | HOHLMEIER Monika ( EPP), UŠAKOVS Nils ( S&D) | WINZIG Angelika ( EPP), GARCÍA MUÑOZ Isabel ( S&D), CSEH Katalin ( Renew), KÖRNER Moritz ( Renew), FREUND Daniel ( Verts/ALE), GEESE Alexandra ( Verts/ALE), CZARNECKI Ryszard ( ECR), RZOŃCA Bogdan ( ECR), KUHS Joachim ( ID), OMARJEE Younous ( GUE/NGL) |
Committee Opinion | AFET | ||
Committee Opinion | DEVE | ||
Committee Opinion | ENVI | ||
Committee Opinion | ITRE | BUŞOI Cristian-Silviu ( EPP) | |
Committee Opinion | TRAN | ||
Committee Opinion | REGI | BUDA Daniel ( EPP) | Vlad-Marius BOTOŞ ( RE), Andżelika Anna MOŻDŻANOWSKA ( ECR) |
Committee Opinion | AGRI | ||
Committee Opinion | PECH | ||
Committee Opinion | JURI | ||
Committee Opinion | LIBE | ||
Committee Recast Technique Opinion | JURI | ADAMOWICZ Magdalena ( EPP) |
Lead committee dossier:
Legal Basis:
Euratom Treaty A 106a-pa, RoP 113, RoP 59, TFEU 322-p1
Legal Basis:
Euratom Treaty A 106a-pa, RoP 113, RoP 59, TFEU 322-p1Subjects
Events
The European Parliament adopted by 437 votes to 45, with 72 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast).
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
- in the implementation of the budget, Member States and the Commission should ensure compliance with the Charter of Fundamental Rights of the European Union, and respect the Union values enshrined in Article 2 TEU;
The Regulation should enable authorising officers, where relevant in accordance with sector-specific rules, to adopt appropriate measures and take action to protect the budget, for example through suspension of payments, in cases where the implementation by a Member State of an action financed from Union funds is affected by that Member State’s non-respect of relevant Union values and fundamental rights;
- in order to increase transparency and visibility in the presentation of assigned revenue while maintaining the substance of the information previously provided, detailed information on the estimated amount of the internal and external assigned revenue to be received, and the foreseen allocation to the relevant budget lines should be provided in an annex, which forms an integral part of the budget;
- the reporting requirements on the implementation of the internal and external assigned revenue in the preceding year should be clarified. This will ensure that all information on the implementation of assigned revenue and forecast of assigned revenue to be received is presented in a clear and accessible manner;
- the Commission should only accept such donations where acceptance is in accordance with the principles of sound financial management and transparency, does not give rise to conflicts of interest, does not harm the image of the Union and does not harm or risk harming the security or public order of the Union or Member States;
- specific performance indicators for the budget should be introduced to track the spending on gender equality, as well as on climate change mitigation and adaptation and the protection of biodiversity;
- where feasible and appropriate, the Commission and Member States should respect relevant applicable national law, Union law, conventions of the International Labour Organization (ILO) and collective agreements when implementing programmes and activities funded by the budget;
- the single integrated IT system should be developed with a view to avoiding double reporting and reducing administrative burden for Member States and other implementing entities. The Commission should act as the controller and be responsible for the development, management and supervision of the single integrated IT system. Data available through the single integrated IT system should be made available to the European Parliament and the Council on a case-by-case basis to the extent necessary and proportionate to the exercise of their respective competences, in the context of the discharge procedure for the Commission;
- when the Union contribution takes the form of financing not linked to costs and where reimbursement is based on results, the achievement of those results should be measured by either pre-defined milestones or targets, and the achievement of such milestones or targets should be verified before the contribution is paid;
- where irregularities or fraud are subsequently discovered to have taken place during an award procedure, the authorising officer responsible should take certain corrective measures unless it is justified not to do so, for example where implementation of the legal commitment is in the interests of the institution or body concerned, or where there is a need to guarantee continuity of service;
- the persons and entities involved in budget implementation to get access to the early detection and exclusion database and verify the exclusions decided upon by the authorising officers at Union level. The early detection and exclusion database should be consulted prior to awarding or selecting a person or entity for implementing and receiving Union funds;
- the financial rules laid down in this Regulation should be kept simple and clear in order to avoid gold-plating and additional administrative burdens for the recipients of Union funds, Member States, Union institutions or other persons and entities implementing the budget;
- in a crisis situation , it should be possible, exceptionally, to add new contracting authorities after the launch of a procurement procedure and before the contract signature or following a modification of a contract without restricting competition;
- the assessment of conflicts of interest and the obligation to put in place systems to detect and prevent such conflicts should respect the principle of proportionality. Guidelines on the assessment of conflicts of interest should provide greater clarity for those responsible for assessing such situations at national and EU level, in order to improve legal certainty;
- to ensure consistency between the rules applicable to Member States and the procurement procedures under this Regulation, Union institutions, Union bodies and executive agencies should apply mutatis mutandis the same rules and procedures on foreign subsidies laid down in Regulation (EU) 2022/2560;
- it is necessary to introduce a new category of a very low value grant of an amount of up to EUR 15 000 with a view to simplifying administrative requirements for applicants for Union funding;
- in view of the expected complexity of operations needed to satisfy the urgent financing needs of Ukraine, and to anticipate possible future borrowing and lending operations, it is appropriate to establish a diversified funding strategy as the single funding method for implementation of borrowing operations. The diversified funding strategy should be implemented through all necessary transactions aiming at a regular capital market presence, should be based on pooling of funding instruments and shall make use of a common liquidity pool. The Commission should establish the necessary arrangements for the implementation of the diversified funding strategy. The Commission should regularly and comprehensively inform the European Parliament and the Council about all aspects of its borrowing and debt management strategy;
- the Union may make contributions in the form of financing not linked to costs to multi-donor, pooled funded global initiatives when these support the achievement of Union policy objectives. Prior to any decision to contribute to a global initiative and as early as possible, the Commission should inform the European Parliament and the Council about the amount of the contribution to the global initiative, explaining the reasons and appropriateness of the contribution.
The Committee on Budgets and the Committee on Budgetary Control jointly adopted the report by Nils UŠAKOVS (S&D, LV) and Monika HOHLMEIER (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast).
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Respect for fundamental rights
The Commission and the Member States should ensure, in the implementation of the Union's budget, respect for the values on which the Union is founded and for fundamental rights, including non-discrimination, as well as respect for the Charter of Fundamental Rights of the European Union.
Decommitments
Where budgetary commitments are decommitted in any financial year after the year in which they were made as a result of the total or partial non-implementation of the actions for which they were earmarked, Members proposed that the appropriations corresponding to such decommitments should be made available again to the benefit of the budget line of origin, without prejudice to pre-agreed national envelopes, where applicable.
Internal control of budget implementation
The Commission should report annually, no later than 30 September, to the European Parliament and to the Council on the aggregated information and figures on the recipients of funds, contractors, sub-contractors and the beneficial owners, across different Union funded projects and programmes implemented in the preceding financial year. That information should, having due regard to the protection of personal data, be made available to any persons or organisations that can demonstrate a legitimate interest.
Visibility of the budget
All new communication efforts should make the citizens' connection to the budget more visible by using the statements ‘Funded by the people of the European Union’ or ‘Co-funded by the people of the European Union’ next to the emblem of the Union.
Interinstitutional procurement, joint procurement and procurement on behalf of Member States
Where appropriate, two or more Member States may mandate a Union institution, Union body or executive agency (‘mandated contracting authority’) to act as a central purchasing body to procure on behalf of the Member States or in their own name, under certain conditions.
Diversified funding strategy
Where the Commission is empowered, in relevant basic acts, to borrow funds on behalf of the Union on the capital markets or from financial institutions, the Commission should implement a diversified funding strategy comprising borrowing and debt management operations. The diversified funding strategy should be implemented through all necessary transactions aiming at a regular capital market presence, should be based on pooling of funding instruments and should make use of a common liquidity pool.
Union trust funds for external actions
A Union trust fund for emergency and post-emergency action should be deemed to be approved by the European Parliament and the Council unless the European Parliament or the Council decide not to approve it within two months of the date of publication of the draft decision.
Non-financial donations
Members proposed that in the case of non-perishable supplies financed from administrative appropriations and in compliance with the relevant accounting rules and standards, Union institutions and bodies may not provide non-financial donations before the value of the depreciated supply represents 80 % of the purchase price.
Rules and procedure on the audit
The report stated that the examination by the Court of Auditors of whether all revenue has been received and all expenditure incurred in a lawful and proper manner, including in relation to assigned revenue and the related items of expenditure, should have regard to the Treaties, the budget, this Regulation, the delegated acts adopted pursuant to this Regulation and all other relevant acts adopted pursuant to the Treaties. That examination may take account of the multiannual character of programmes and related supervisory and control systems.
Transitional provisions
Waiting for the adoption of the programmes under the post-2027 MFF in order to start using the new single integrated and interoperable information and monitoring system is disproportionately long. Therefore, Members proposed that the date of application of 1 January 2026 should provide sufficient time for the development of the system and the adaptation of the various involved systems.
PURPOSE: to revise the Financial Regulation to align it with the MFF package (recast).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Financial Regulation lays down the principles and general financial rules for establishing and implementing the EU budget and controlling EU finances. The 2018 Financial Regulation is the result of a major revision, incorporating the previous Rules of Application into a single rulebook. The revision increased flexibility, simplified financial rules considerably and paved the way for the proposals under the 2021-2027 multiannual financial framework (MFF).
These simpler rules need time to harness their full potential for the implementation of the 2021-2027 programmes and instruments, for example on the single audit approach, cross-reliance on audits and assessments, simplified cost options, reduced administrative burden, and the focus on results. Changing financial rules too often creates uncertainty for recipients of EU funds.
CONTENT: with this proposal, the Commission is proposing a targeted amendment , aiming to strike the right balance by focusing on changes that are really necessary. The main reason for this revision is the need to align the Financial Regulation with the MFF package, to maintain a
single rulebook governing the expenditure of the Union, meaning that all general financial rules are included in the Financial Regulation. This will provide greater legal certainty for Union institutions and recipients of Union funds. The proposal also reflects declarations made by the EU institutions in the context of the MFF.
The specific provisions of the proposal concern the following areas:
Alignment with the MFF
To ensure smooth implementation of the MFF Regulation, certain derogations from the budgetary principles set out in the sectoral basic acts are proposed to be reflected in the Financial Regulation in line with the single rulebook approach.
Borrowing and lending
The proposed amendment streamlines the reporting obligations for borrowing and lending operations. It codifies the current practice by including in the document annexed to the section of the budget relating to the Commission a comprehensive overview of the Commission’s borrowing and lending operations.
Assigned revenue
The proposal aims to increase the transparency and visibility of external assigned revenue in the documents accompanying the budget. It also aims to facilitate the management of additional contributions (including voluntary ones) from Member States, thus avoiding the need to request payments from Member States before actual payment needs arise.
Financial instruments and budgetary guarantees
The proposal aims to enhance legal clarity by: (i) addressing inconsistencies and redundancies in the current Financial Regulation; (ii) better reflecting the functioning of provisioning and of budgetary guarantees; and (iii) updating relevant rules.
Non-financial donations by EU institutions
The proposal will provide a framework for the EU institutions to donate goods, services, supplies or works. It will also provide a stable legal basis in particular for future emergency situations, more transparency, accountability and legal certainty for recipients.
Similar to the introduction of non-financial donations, the EU institutions should also be able to award prizes which are not financial, such as vouchers, tickets and trips.
Procurement and experts
The proposal adapts the procurement rules that apply in crisis management situations to enable EU institutions or bodies to procure on behalf of Member States or to act as a central purchasing body. This central purchasing body would be able to donate or resell supplies and services to Member States, and launch joint procurement procedures, although the EU institutions would not be acquiring services and supplies for themselves. The proposal also updates the definition of crisis to include public and animal health, food safety emergency situations and global health threats such as pandemics.
Other simplification measures and technical corrections and updates enable multisourcing contracts, correct inconsistencies and omissions, and clarify digitisation of procurement procedures.
Grants
The proposal includes technical updates, simplification, clarifications and corrections. It clarifies rules on simplified forms of grants and lays down that the 50% limit for volunteers’ costs applies to the total financing of an action. To increase transparency, a definition of NGOs is added, while grant applicants would need to declare their legal status and confirm whether they are NGOs.
Digitalisation
The proposal supports the Commission’s commitment to be digital by default. It increases the efficiency and quality of controls and audits with the help of digitalisation and emerging technologies such as data-mining, machine learning, robotic process automation and artificial intelligence.
Green transition
Importantly, this proposal also aims to adjust the Financial Regulation to ensure that budget implementation effectively helps achieve the European Green Deal . Furthermore, to facilitate the greening of EU buildings, the possibility to use loans to finance building renovation is inserted in the proposed Regulation. When relevant, calls for tenders in public procurement procedures should include green award or selection criteria to incentivise economic operators to offer more sustainable options.
Early-detection and exclusion system
The proposal seeks to strengthen the system by better targeting its application to funds under both shared management and direct management where funds are disbursed as financial contributions to Member States, for instance under the Recovery and Resilience Facility. The aim is to prevent Member State authorities from selecting fraudulent economic operators to carry out projects, and to better protect the Union budget against serious misconduct without waiting for the final outcome of national procedures.
Single integrated IT system for data-mining and risk-scoring
The proposal aims to improve the quality and interoperability of data on recipients of Union funding and on those ultimately benefitting, directly or indirectly, from Union funding. To effectively prevent, detect, investigate and correct frauds or remedy irregularities, it is necessary to be able to identify the natural persons who are the beneficial owners of the recipients and who ultimately profit from the misuse of Union funding. This is achieved by standardising the electronic recording and storage of data on the recipients of Union funding and their beneficial owners for control and audit purposes. Moreover, there would be an obligation to use a single integrated IT system for data-mining and risk-scoring (provided by the Commission) to access and analyse those data on the recipients of Union funding. This system would considerably facilitate the identification of risks of fraud, corruption, double funding, conflict of interest and other irregularities.
Transparency
The proposal aims to improve the information provided to the public on the use of the Union budget and on recipients of Union funding. This is achieved by requiring Member States implementing the Union budget under shared management, entities implementing the Union budget under indirect management, and other Union institutions and bodies to send information to the Commission on their recipients of Union funding at least once a year. The Commission would add to the above information the data it has on direct management and would be responsible for consolidating, centralising and publishing the information in a database on a single website , covering all methods of Union budget implementation, including by other Union institutions and bodies.
Documents
- Draft final act: 00099/2023/LEX
- Commission response to text adopted in plenary: SP(2024)350
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0163/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE757.999
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000138
- Text agreed during interinstitutional negotiations: PE757.999
- Committee report tabled for plenary, 1st reading: A9-0180/2023
- Specific opinion: PE746.884
- Specific opinion: PE736.720
- Amendments tabled in committee: PE742.524
- Committee draft report: PE740.802
- Contribution: COM(2022)0223
- Committee opinion: PE738.750
- Court of Auditors: opinion, report: OJ C 446 24.11.2022, p. 0026
- Court of Auditors: opinion, report: N9-0083/2022
- Document attached to the procedure: OJ C 288 29.07.2022, p. 0035
- Document attached to the procedure: N9-0042/2022
- Legislative proposal published: COM(2022)0223
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: OJ C 288 29.07.2022, p. 0035 N9-0042/2022
- Court of Auditors: opinion, report: OJ C 446 24.11.2022, p. 0026 N9-0083/2022
- Committee opinion: PE738.750
- Committee draft report: PE740.802
- Amendments tabled in committee: PE742.524
- Specific opinion: PE736.720
- Specific opinion: PE746.884
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000138
- Text agreed during interinstitutional negotiations: PE757.999
- Commission response to text adopted in plenary: SP(2024)350
- Draft final act: 00099/2023/LEX
- Contribution: COM(2022)0223
Votes
A9-0180/2023 – Monika Hohlmeier, Nils Ušakovs – Provisional agreement – Am 179 #
Amendments | Dossier |
231 |
2022/0162(COD)
2022/10/17
REGI
37 amendments...
Amendment 1 #
Proposal for a regulation Recital 1 (1) A number of amendments are to be made to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council15. In the interests of clarity and legal certainty, that Regulation should be recast. _________________ 15 Regulation (EU, Euratom) 2018/1046 of
Amendment 10 #
Proposal for a regulation Recital 115 (115) In order to further enhance the protection of the Union’s financial interests, it should be possible for the authorising officer to exclude or impose a financial penalty on beneficial owners and affiliated entities, including the main contractors, of the excluded entity that were involved in the misconduct of the excluded entity. The possibility to exclude beneficial owners and affiliated entities is
Amendment 11 #
Proposal for a regulation Recital 134 (134) In order to improve governance and quality of interoperable digital public services, the Member States, the Union institutions, the executive agencies and the Union bodies, such as those referred to in Articles 70 and 71 should follow and apply to the greatest possible extent the European Interoperability Framework.
Amendment 12 #
Proposal for a regulation Recital 140 (140) In order to ensure efficient implementation of the Union budget, it is appropriate to further clarify the application of the principle of proportionality to indirect management. While the principle of proportionality cannot affect the nature of the obligations imposed by the relevant applicable legal framework, it should be systematically
Amendment 13 #
Proposal for a regulation Recital 150 (150) In light of the Covid-19 pandemic and the impact of Russian aggression against on Ukraine, it is appropriate to modify the definition of crisis, which applies in particular to the common provisions and to procurement in the field of external actions and covers public and animal health, food safety emergencies and global health threats. In order to allow the flexibility needed to ensure a rapid response to unforeseen circumstances of extreme urgency resulting from a crisis, the contracting authority should be allowed to apply simplified procurement rules, such as use of negotiated procedure without prior publication of a contract notice applicable
Amendment 14 #
Proposal for a regulation Recital 158 (158) In line with the objectives of the Communication on the European Green Deal, progress towards implementation of greening aspects should be ensured by including, when relevant, for the calls for tenders, green selection or award criteria, which will incentivise the economic operators to offer more sustainable options. It must be remembered that that cohesion policy is an important tool in combating climate change and supporting the objectives of the Paris Agreement.
Amendment 15 #
Proposal for a regulation Recital 161 (161) In order to ensure the absence of professional conflicting interests that may affect or risk affecting the capacity to perform the contract in an independent, impartial and objective manner, it is necessary to clarify the obligations of the contracting authority and of the candidates or tenderers. On the one hand, the candidates, tenderers, and, where appropriate, entities on whose capacity they rely as well as envisaged subcontractors should declare the absence of such conflicting interests, and to provide related information where requested. On the other hand, the contracting authority should assess the existence of such professional conflicting interests when declared or on the basis of additional information without interfering or delaying the evaluation of the project. Where such professional conflicting interests are established, this should lead to rejection from the award.
Amendment 16 #
Proposal for a regulation Recital 165 (165) It is necessary to simplify the rules governing dynamic purchasing systems reducing the time consuming procedures, including the resolving of the appeals, to enable contracting authorities to take full advantage of the possibilities afforded by that purchasing method. In particular, the systems should be operated in the form of a
Amendment 17 #
Proposal for a regulation Recital 178 (178) Experience gained has shown that it is necessary to clarify in which cases a modification is considered altering the subject matter of the contract and the selection criteria.
Amendment 18 #
Proposal for a regulation Recital 248 (248) In order to provide a clear and transparent legal framework for the Union institutions to donate services, supplies or works, non-
Amendment 19 #
Proposal for a regulation Recital 256 (256) Some modifications regarding the transmission to the Commission of data on recipients for the purposes of publication, and regarding the electronic recording and storage of data on recipients and the use of the single integrated IT system for data-
Amendment 2 #
Proposal for a regulation Recital 9 (9) It is necessary to better reflect the specific nature and functioning of the provisioning of financial liabilities and of the budgetary guarantees. Certain definitions and rules on budgetary guarantees, budgetary commitments, legal commitments, payment appropriations, recipients and publication of information
Amendment 20 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘applicant’ means a natural person or an entity with or without legal personality who has submitted an application in a grant award procedure , in an award procedure for a loan guaranteed by the Union, in a non- financial donation award procedure or in a contest for prizes;
Amendment 21 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘beneficiary’ means a natural person or an entity with or without legal personality with whom a grant agreement
Amendment 22 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 (20) ‘control’ means any measure taken to provide reasonable assurance regarding the effectiveness, efficiency and economy of operations, the reliability of reporting, the safeguarding of assets and information, the prevention and detection and correction of fraud and irregularities and their follow- up, and the adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multiannual character of programmes as well as the nature of the payments concerned. Controls may involve various checks, including the coherence and the maintaining of the eligibility criteria throughout the implementation period, as well as the implementation of any policies and procedures to achieve the objectives referred to in the first sentence;
Amendment 23 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 – point b (b) a situation caused by natural disasters, man-made crisis such as wars and other conflicts or extraordinary circumstances having comparable effects
Amendment 24 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 – point b (b) a situation caused by natural disasters, man-made crisis such as wars and other conflicts or extraordinary circumstances having comparable effects related, inter alia, to climate change, public
Amendment 25 #
Proposal for a regulation Article 6 – paragraph 1 1. The budget shall be established and implemented in accordance with the principles of unity, budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management, respect for rule of law and fundamental rights and transparency as set out in
Amendment 26 #
Proposal for a regulation Article 6 – paragraph 2 2. The establishment and implementation of the budget shall also comply with the provisions of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget and rules to combat corruption and mismanagement.
Amendment 27 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) programmes and activities should be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the
Amendment 28 #
Proposal for a regulation Article 36 – paragraph 2 – point d (d) prevention, detection, correction and follow-up of fraud , corruption, conflicts of interest, double funding and other irregularities , including through the electronic recording and storage of data on the recipients of Union funds including their beneficial owners and main contractors , as defined in Article 3, point (6), of Directive (EU) 2015/849 , and through the use of a single integrated IT system for data-mining and risk-scoring provided by the Commission to access and analyse those data ;
Amendment 29 #
Proposal for a regulation Article 36 – paragraph 3 – point c (c) adequate and harmonized sectorial audit trails audit trails and data integrity in data systems including electronic ones ;
Amendment 3 #
Proposal for a regulation Recital 21 (21) In order to allow a rapid reaction in exceptional circumstances, the Commission should be able to accept in- kind donations in a transparent manner, irrespective of their value, where such donations are made for the purposes of humanitarian aid, emergency support, civil protection or crisis management aid. In order to ensure appropriate safeguards, the Commission should only accept such donations where acceptance is in accordance with the principles of sound financial management and transparency, does not give rise to conflicts of interest and does not harm the image of the Union. The donor should not be, at the moment of acceptance, in one of the exclusion situations under the early-
Amendment 30 #
Proposal for a regulation Article 36 – paragraph 6 – point a (a) the recipient’s and the main contractor`s full legal name in the case of legal persons, the first and last name in the case of natural persons, their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth;
Amendment 31 #
Proposal for a regulation Article 36 – paragraph 7 – subparagraph 1 The single integrated IT system for data- mining and risk-scoring shall be designed to facilitate risk assessment for the purposes of selection, award, financial management, monitoring, investigation,
Amendment 32 #
Proposal for a regulation Article 36 – paragraph 7 – subparagraph 2 The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring shall comply with applicable data protection rules and rules on the protection of know-how and commercial interests and shall be limited to the Commission or an executive agency as referred to in Article 69, the Member States implementing the budget pursuant to Article 62(1), first subparagraph, point (b), the Member States that receive and implement Union funds pursuant to budget implementation under Article 62(1), first subparagraph, point (a), the persons or entities implementing the budget pursuant to Article 62(1), first subparagraph, point (c), OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies, within the exercise of their respective competences.
Amendment 33 #
Proposal for a regulation Article 56 a (new) Article 56 a Budget implementation in accordance with the principle of respect for rule of law and fundamental rights 1. The Commission shall implement the revenue and expenditure of the budget in accordance with the principle of respect for rule of law and fundamental rights, which is an essential precondition for sound financial management and effective EU funding. 2. The Commission shall implement the revenue and expenditure of the budget in accordance with Regulation (EU, Euratom) 2020/2092 and ensure the full compliance with Article 2 TEU. 3. The Member States shall cooperate with the Commission so that the appropriations are used in accordance with the principle of respect for rule of law and fundamental rights.
Amendment 34 #
Proposal for a regulation Article 63 – paragraph 5 – point b (b) an annual
Amendment 35 #
Proposal for a regulation Article 168 – paragraph 5 – point b (b) the procedures involving a call for expression of interest for contracts with a value below the thresholds referred to in Article 179(1) and Article 182 (1), to preselect candidates to be invited to submit tenders in response to future restricted invitations to tender, or to collect a list of vendors to be invited to submit requests to participate or submit tenders;
Amendment 36 #
Proposal for a regulation Article 212 – paragraph 5 – subparagraph 2 The Commission shall remain responsible for ensuring that the implementation framework for financial instruments and budgetary guarantees complies with the principle of sound financial management and supports the attainment of defined and time-bound policy objectives, measurable in terms of outputs and/or results. The Commission shall ensure that Union funds are used in an efficient, transparent and appropriate manner, keeping administrative and financial burdens to a minimum, in particular for local and regional authorities. The Commission shall be accountable for the implementation of financial instruments and budgetary guarantees without prejudice to the entrusted entities’ legal and contractual responsibility in accordance with the applicable law and Article 130.
Amendment 37 #
Proposal for a regulation Annex I – Part 2 – point 34 – point 34.2 – paragraph 2 Where the total value of all the contracts to be awarded is equal to or greater than the thresholds referred to in Article 179(1) and pursuant to Article 182(1), Article 167(1) and Articles 168 and 169 shall apply to each of the contracts.
Amendment 4 #
Proposal for a regulation Recital 24 (24) Considering the importance of addressing climate and environmental challenges and in order to ensure that budget implementation contributes to the achievement of the European Green Deal30, the concept of performance as regards the budget should, for the sake of completeness, be extended to include the implementation of programmes and activities in a sustainable way, which would not hinder the achievement of the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems. _________________ 30 The European Green
Amendment 5 #
Proposal for a regulation Recital 27 (27) In order to enhance the protection of the Union budget against fraud, corruption, conflicts of interest, double funding and other irregularities, standardised measures to collect, compare
Amendment 6 #
Proposal for a regulation Recital 27 (27) In order to enhance the protection of the Union budget against fraud, corruption, conflicts of interest, double funding and other irregularities, standardised financial and reimbursement requests and measures to collect, compare and aggregate information on the recipients of Union funding should be introduced. In particular, in order to effectively prevent, detect, investigate and correct frauds or remedy irregularities, it is necessary to be able to identify the natural persons that ultimately benefit, directly or indirectly, from Union funding and who ultimately profit from the misuse of EU funding. The electronic recording and storage of data on the recipients of Union funding, including their beneficial owners as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council32 and their main contractors and the regular making of those data available in a single integrated IT system for data-mining and risk-scoring provided by the Commission, should facilitate risk assessment for the purposes of selection, award, financial management, monitoring, investigation, control and audit and contribute to effective prevention, detection, correction and follow-up of fraud, corruption, conflicts of interest, double funding and other irregularities. The Commission should be responsible for the development, management and supervision of the single integrated IT
Amendment 7 #
Proposal for a regulation Recital 29 (29) Without prejudice to the rules on the protection of personal data, the utmost transparency regarding information on recipients should be sought. The information on recipients of Union funds should be published on a dedicated website of Union institutions, such as the Financial Transparency System. Publication requirements should cover all methods of budget implementation, including by other Union institutions and bodies. To that end, Member States, persons and entities implementing the budget and other Union institutions and bodies should transmit to the Commission, at least on a yearly basis,
Amendment 8 #
Proposal for a regulation Recital 103 (103) In order to enhance the protection of the Union financial interests the early- detection and exclusion system should be reinforced. It is important to avoid that a person or entity in an exclusion situation is able to apply to, or to be selected for implementing funds, or to receive such funds under a programme in shared management, or to be contractor under a programme in shared management. Where there is a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude a person or entity, provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in Article 139(1). In the absence of a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude, on the basis of a preliminary classification in law made by the panel referred to in Article 146, having regard to facts and findings established in the context of audits or investigations carried out by European Anti-fraud Office (OLAF), European Public Prosecutor
Amendment 9 #
Proposal for a regulation Recital 103 (103) In order to enhance the protection of the Union financial interests the early- detection and exclusion system should be reinforced. It is important to avoid that a person or entity in an exclusion situation is able to apply to, or to be selected for implementing funds, or to receive such funds under a programme in direct or indirect shared management. Where there is a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude a person or entity, provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in Article 139(1). In the absence of a final judgment or a final
source: 737.316
2023/02/20
BUDG, CONT
194 amendments...
Amendment 106 #
Proposal for a regulation Recital 11 a (new) (11 a) Only commitments selected and implemented respecting the Charter of Fundamental Rights of the European Union (the ‘Charter’) should be eligible for funding. The measures to be adopted in the event of the non-respect of the ‘Charter’ should include the suspension of payments and of commitments, the suspension of the disbursement of instalments or the early repayment of loans, a reduction of funding under existing commitments, and a prohibition on entering into new commitments with recipients or to enter into new agreements on loans or other instruments guaranteed by the Union budget. Furthermore, a specific complaints mechanism related to the respect of ‘Charter’ in the implementation of the budget should be set up without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the ‘Charter’ to assist the Commission in monitoring the respect of the ‘Charter’. That assessment should be objective, impartial and fair, and should take into account relevant information from available sources and recognised institutions, as relevant, and conclusions and recommendations of relevant international organisations and networks, including and the Venice Commission, The Commission could consult the European Union Agency for Fundamental Rights and the Venice Commission if necessary for the purpose monitoring the respect of the ‘Charter’.
Amendment 107 #
Proposal for a regulation Recital 11 a (new) (11 a) Where national authorities do not comply with the obligations laid down by this Regulation, in particular the general regime of conditionality for the protection of the Union budget EU authorities should use all the means at their disposal, in accordance with this Regulation, to directly provide local governments and NGOs with the funding they would have received if their national government had complied with the aforementioned obligations. Increased amount of direct funding for local governments and NGOs should be encouraged anyway when implementing this Regulation.
Amendment 108 #
Proposal for a regulation Recital 11 a (new) (11 a) The application of the conditionality mechanism should be triggered without delay whenever breaches of the principles of the rule of law are identified to be affecting or seriously risking to affect the sound financial management of the Union budget or the protection of the financial interest of the Union in a sufficiently direct way
Amendment 109 #
Proposal for a regulation Recital 23 a (new) (23 a) In light of the agreement of horizontal mainstreaming goal of gender equality as well as specific spending targets on climate for monitoring climate- spending (mitigation and adaptation) and its performance and expenditure contributing to halting and reversing the decline of biodiversity the Commission should establish a set of scientifically sound indicators to underpin its effective methodology that allow for reliable and transparent measurement of ex-ante, result and impact of the EU budget with a clear definition and differentiation. It should do so for any other mainstreaming or spending targets as agreed.
Amendment 110 #
Proposal for a regulation Recital 24 (24) Considering the importance of addressing climate and environmental challenges and in order to ensure that budget implementation contributes to the achievement of the European Green Deal30 as well the Unions’ climate and energy targets and to the achievement of climate neutrality by 2050 latest, the concept of performance as regards the budget should be extended to include the implementation of programmes and activities in a sustainable way, which would not hinder the achievement of the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity and ecosystems. _________________ 30 The European Green deal,
Amendment 111 #
Proposal for a regulation Recital 24 a (new) (24 a) Gender mainstreaming should be better reflected in the drafting and implementation of the budget and underpinned by systematic and comprehensive gender disaggregated data. As a start the gender of all natural persons as well as beneficial owners of companies receiving funding from the EU budget should be available to retrieve information on beneficiaries in a gender- disaggregated manner from the reporting tools. The impact on gender equality and needs to be complemented further comprehensive collection of data regarding the impact of the budget.
Amendment 112 #
Proposal for a regulation Recital 27 a (new) (27 a) In order to ensure the most comprehensive and complete data on beneficiaries of Union funds to be available in the single integrated IT system for data-mining and risk-scoring, while not increasing administrative burden, all data on final benefeciaries already collected by persons and entities implementing Union funds should be recorded in the IT system, irrespective of these beneficiaries being deemed as recipients of Union funds.
Amendment 113 #
Proposal for a regulation Recital 28 (28) In accordance with the principle of transparency enshrined in Article 15 of the Treaty on the Functioning of the European Union (TFEU), Union institutions and Member States when implementing the EU budget are to conduct their work as openly as possible. With regard to budget implementation, the application of that principle implies that citizens as beneficiaries of and contributors to the budget should know where, and for what purpose, funds are spent by the Union. Such information fosters democratic debate, encourages the citizens' identification with and sense of community within the Union, contributes to the participation of citizens in the Union’s decision-making process, reinforces institutional control and scrutiny over Union expenditure, and contributes to boosting its credibility. Furthermore it boosts the visibility for EU policies, investments and the European Added Values. Communication should be more targeted and should aim to increase the visibility of the Union contribution for citizens. Such objectives should be achieved by the publication, preferably using modern communication tools, of relevant information concerning all funding opportunities, such as call for tenders etc. in all forms of management on a dedicated website and of relevant information concerning all recipients of funds financed from the budget which takes into account those recipients’ legitimate interests of confidentiality and security and, as far as natural persons are concerned, their right to privacy and the protection of their personal data. Union institutions should therefore adopt a selective approach in the publication of information, in accordance with the principle of proportionality. Decisions to publish should be based on relevant criteria in order to provide meaningful
Amendment 114 #
Proposal for a regulation Recital 29 (29) Without prejudice to the rules on the protection of personal data, the utmost transparency regarding information on recipients should be sought. The information on recipients of Union funds should be published on a dedicated website of Union institutions, such as the Financial Transparency System. Publication requirements should cover all methods of budget implementation, including by other Union institutions and bodies. To that end, Member States, persons and entities
Amendment 115 #
Proposal for a regulation Recital 29 a (new) (29 a) In order to reduce administrative burden, the Commisson should take the information on recipients of Union funds to be published on a dedicated website from the single integrated IT system for data-mining and risk-scoring. Therefore, data to be recorded in the IT system for data-mining and risk-scoring should include and be aligned with the data to be published. As a result, persons and entities implementing Union funds will not need to transmit the same data more than once.
Amendment 116 #
Proposal for a regulation Recital 33 (33) For reasons of legal certainty and in accordance with the principle of proportionality, the situations in which publication should not take place should be specified. For example, information should not be published with regard to scholarships or other forms of direct support paid to natural persons most in need, to certain contracts with a very low value or to financial support below a certain threshold provided through financial instruments or budgetary guarantees , or in cases where disclosure risks threatening the rights and freedoms of the individuals concerned as protected by the Charter of Fundamental Rights of the European Union or causing harm to the commercial interests of the recipients. For grants
Amendment 117 #
Proposal for a regulation Recital 40 (40) In order to ensure synchronisation with the timeline for the adoption of the statement of estimates, the working document on the building polic
Amendment 118 #
Proposal for a regulation Recital 43 (43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission should be added to the document annexed to the section of the budget relating to the Commission. The practice of the EU raising funds on the capital markets or from financial institutions should not be perpetuated. The financing of recovery from the COVID-19 pandemic occurred due to a unique crisis situation, which should not set a general precedent for financing the EU budget from new debt. Such a practice is contrary to the founding principles of the EU and goes beyond the financial responsibility assumed by Member States upon entry into the EU.
Amendment 119 #
Proposal for a regulation Recital 43 (43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission
Amendment 120 #
Proposal for a regulation Recital 43 (43) In view of the increased volume of borrowing and lending operations carried out by the Commission on behalf of the Union to finance the recovery from the COVID-19 pandemic, transparency regarding those operations should be further enhanced. To address the increased complexity of those operations and in order to ensure better visibility of their content, a comprehensive overview of borrowing and lending operations carried out by the Commission including as a minimum, detailed information on maturities, outstanding debt, interest due, the borrowing plan including revenue sources for repayment, a liquidity forecast and certified by the Chief Risk Officer should be added to the document annexed to the section of the budget relating to the Commission.
Amendment 121 #
Proposal for a regulation Recital 43 a (new) (43 a) In the implementation of the diversified funding strategy pursuant to Regulation (EU, Euratom) 2022/2434 of 6 December 2022, particular attention should be paid to the fact that the raising of significant amounts on the capital market for the sole purpose of financing the measures to address the consequences of the COVID 19 crisis was a unique and one-off authorisation. The diversified funding strategy should under no circumstances lead to a perpetuation of the financing of the Union budget through borrowing on the capital market.
Amendment 122 #
Proposal for a regulation Recital 46 (46) In order to increase inclusiveness, a national promotional bank or institution, as defined in Article 2(50) of this Regulation, as well as private or EU-law bodies established in a Member State and eligible to be entrusted, in accordance with sector-specific rules, with the implementation of Union funds or budgetary guarantees, should be added to the list of entities under point (c) of the first subparagraph of article 62 (1) insofar as they are controlled by public law bodies or private law bodies with public service mission eligible under indirect management, and are provided with adequate financial guarantees. Where such private or EU-law bodies do not benefit from financial backing provided by a
Amendment 123 #
Proposal for a regulation Recital 103 (103) In order to enhance the protection of the Union financial interests the early- detection and exclusion system should be reinforced. It is important to avoid that a person or entity in an exclusion situation is able to apply to, or to be selected for implementing funds, or to receive such funds under a programme also in shared management. Where there is a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude a person or entity, provided that the latter is in an exclusion situation and deemed as not reliable by having engaged in certain serious misconducts referred to in Article 139(1). In the absence of a final judgment or a final administrative decision, the authorising officer responsible should be able to exclude, on the basis of a preliminary classification in law made by the panel referred to in Article 146, having regard to facts and findings established in the context of audits or investigations carried out by European Anti-fraud Office (OLAF), European Public Prosecutor Office (EPPO), the European Court of Auditors (ECA) or any other check, audit or control performed under the responsibility of the authorising officer.
Amendment 124 #
Proposal for a regulation Recital 194 a (new) (194 a)By introducing a new category of a very low value grant of an amount of up to EUR 10 000, the lessons learned from providing small-scale support during the pandemic to small and medium-sized enterprises and individual applicants should be implemented. The new category would create efficiencies for the implementing partners and the Commission, while reducing bureaucracy for applicants
Amendment 125 #
Proposal for a regulation Recital 219 a (new) (219 a)Recent experience with the funding needs for Ukraine has highlighted the disadvantages of a fragmented approach to the organisation of the Union’s debt. In order to strengthen the Union’s position as an issuer of euro-denominated debt, it is of paramount importance that all new issuance be organised through a single funding method. This method should not undermine the temporary nature of certain programmes financed by the Union's debt.
Amendment 126 #
Proposal for a regulation Recital 219 b (new) (219 b)The model for a single funding method, and most elements of the infrastructure needed for its implementation, have already been established in the form of a diversified funding strategy under Council Decision (EU, Euratom) 2020/2053. That strategy has allowed the successful mobilisation of funds for grants and loans under Regulation (EU) 2021/241 of the European Parliament and of the Council and for a range of other Union programmes referred to in Council Regulation (EU) 2020/2094. To anticipate possible future borrowing and lending operations, which must respect the principles of budgetary neutrality and budgetary balance as set out in Article 310(1) of the Treaty on the Functioning of the European Union (TFEU), it is appropriate to establish a diversified funding strategy as the single funding method for implementation of borrowing operations.
Amendment 127 #
Proposal for a regulation Recital 246 (246) The Union should be able to
Amendment 128 #
Proposal for a regulation Recital 254 (254) In its Communication on the European Green Deal, the Commission encourages the renovation of buildings in order to reduce their emissions and make them more energy efficient. Taking into account the rapid evolution of the market for energy efficient buildings, there is an acute need for the Union institutions to incorporate the Green Deal commitments in their own building policy and to prioritize the most energy efficient investments, besides the security and safety required ones, to renovate their buildings. In addition, the recent development of working methods accelerated by the Covid-19 pandemic requires adapting the institutions’ office stock in order to develop a dynamic office policy. As a consequence, financing of
Amendment 129 #
Proposal for a regulation Recital 254 a (new) (254 a)For the sake of budgetary planning full transparency, any postponed building investment project, planned to be financed by means of transfers throughout the implementation year of budgetary expenditures from lines in the case of unexpected underconsumption of lines, should be listed in the estimates of revenues and expenditures of the institutions to allow such transfers.
Amendment 130 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘blending facility or platform’ means a cooperation framework established between the Commission and development or other public finance institutions with a view to combining non- repayable forms of support and/or financial instruments and/or budgetary guarantees from the budget and repayable forms of support from development or other public finance institutions such as national promotional banks or institutions pursuant to item vii of Article 62 (1), point (c), first subparagraph and defined in Article 2 (20) of Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU programme, as well as from private-sector finance institutions and private-sector investors;
Amendment 131 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 – point b (b) a situation caused by natural disasters, man-made crisis such as wars and other conflicts or extraordinary circumstances having comparable effects related, inter alia, to climate change, public and animal health, food security and food safety emergencies and global health threats such as pandemics and epidemics, environmental degradation, privation of access to energy and natural resources or extreme poverty;
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 1 – point 31 a (new) (31 a) “final recipient or beneficiary" means a legal or natural person receiving financial support from the EU budget.
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 1 – point 31 b (new) (31 b) “financial intermediary” means an entity that acts as the middleperson between the Implementing Partner and the final recipient or beneficiary of EU support.
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 1 – point 36 a (new) (36 a) “implementing partner” means a financial institution whose systems and procedures have been assessed by the Commission to be entrusted with the management of EU funding, in direct, indirect and share management modes;
Amendment 135 #
Proposal for a regulation Article 2 – paragraph 1 – point 42 a (new) (42 a) ‘low value financial support’ means a financial instrument or a budgetary guarantee provided to the final beneficiary with a lower value than EUR 10 000 000;
Amendment 136 #
Proposal for a regulation Article 2 – paragraph 1 – point 48 (48) ‘non-governmental organisation’ means a
Amendment 137 #
Proposal for a regulation Article 2 – paragraph 1 – point 48 (48)
Amendment 138 #
Proposal for a regulation Article 2 – paragraph 1 – point 50 a (new) (50 a) “National promotional bank or institution” means a legal entity that carries out financial activities on a professional basis which has been given mandate by a Member State or a Member State’s entity at central, regional, or local level to carry out development or promotional activities as defined in Article 2 (20) of Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU programme;
Amendment 139 #
Proposal for a regulation Article 2 – paragraph 1 – point 55 Amendment 140 #
Proposal for a regulation Article 2 – paragraph 1 – point 55 (55) ‘professional conflicting interests’ means a situation in which the previous or ongoing professional activities of an economic operator or an employee of an economic operator, affect or risk affecting its capacity to perform a contract in an independent, impartial and objective manner;
Amendment 141 #
Proposal for a regulation Article 2 – paragraph 1 – point 57 a (new) (57 a) “Public finance institution” may refer to financial institutions defined as or controlled by public law bodies or private law bodies and assigned to perform public interest missions, such as a national promotional bank or institution pursuant to item x of Article 62(1), point (c), first subparagraph and defined in Article 2 (20) of Regulation (EU) 2021/523;
Amendment 142 #
Proposal for a regulation Article 2 – paragraph 1 – point 73 a (new) Regulation 2018/1046 Article 2 – after (68) (73 a) 'very low value grant’ means a grant lower than or equal to EUR 10 000;
Amendment 143 #
Proposal for a regulation Article 6 – title 6 Respect for budgetary principles and general regime of conditionality for the protection of the Union budget and respect for EU values and fundamental rights
Amendment 144 #
Proposal for a regulation Article 6 – title Respect for budgetary principles and general regime of conditionality for the protection of the Union budget and respect of fundamental rights
Amendment 145 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2 a. The Commission and the Member States shall ensure respect for fundamental rights including non- discrimination, and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget. Only actions selected and implemented while respecting the Charter shall be eligible for funding. The Commission shall establish the ineligibilty of expenditure and shall proceed the adaption of appropriate measures. The Commission shall be responsible for monitoring compliance with the Charter and shall ensure the effective and efficient examination of complaints. This is without prejudice to the general possibility of citizens and stakeholders to address complaints to the Commission, including with regard to infringements of the Charter.
Amendment 146 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2 a. Member States and the Commission shall ensure respect for the Union’s values and fundamental rights including non-discrimination and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Union budget.
Amendment 147 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2 a. Member States and the Commission shall ensure respect for fundamental rights including equality between women and men, non- discrimination, and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget.
Amendment 148 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. In the implementation of the Union budget, Member States and the Commission shall ensure that the rule of law and fundamental rights, including non-discrimination, are upheld, and that the Charter of Fundamental Rights of the European Union is complied with.
Amendment 149 #
Proposal for a regulation Article 14 – paragraph 1 1. Where budgetary commitments are decommitted in any financial year after the year in which they were made as a result of the total or partial non-implementation of the actions for which they were earmarked, the appropriations corresponding to such decommitments shall be
Amendment 150 #
Proposal for a regulation Article 14 – paragraph 1 a (new) 1 a. A re-use of decommitments in the original budgetary line shall proportionally reduce the overall envelope of the EU budget.
Amendment 151 #
Proposal for a regulation Article 15 Amendment 152 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 153 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 154 #
Proposal for a regulation Article 21 – paragraph 5 5.
Amendment 155 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 – point c (c)
Amendment 156 #
Proposal for a regulation Article 22 – paragraph 2 – subparagraph 1 – point c a (new) (c a) in the case provided for in Article 21(5), commitment and payment appropriations shall be made available in the context of the budgetary procedure where external assigned revenue comes from specific additional financial contributions from Member States, including voluntary contributions, to Union programmes, instruments and activities.
Amendment 157 #
Proposal for a regulation Article 25 – paragraph 3 – subparagraph 2 a (new) The Commission shall regularly report on the use of this exception to the European Parliament and Council.
Amendment 158 #
Proposal for a regulation Article 29 – paragraph 4 a (new) 4 a. Any transfer addressed in this article with the aim of financing in part or in total a Union building project can only happen for projects presented in the working documents accompanying the draft budget of the year concerned except for urgently needed projects for EEAS to relocate staff in safe zones in conflict areas.
Amendment 159 #
Proposal for a regulation Article 33 – paragraph 2 – point a (a) objectives for programmes and activities including horizontal mainstreaming and spending targets shall be established ex ante;
Amendment 160 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) progress in the achievement of objectives including horizontal spending and mainstreaming targets shall be monitored with performance indicators;
Amendment 161 #
Proposal for a regulation Article 33 – paragraph 2 – point c (c) progress in, and problems with, the achievement of objectives including horizontal objectives and spending targets shall be reported to the European Parliament and to the Council in accordance with Article 41(3), first subparagraph, point (h), and with Article 253(1), point (e);
Amendment 162 #
Proposal for a regulation Article 33 – paragraph 2 – point d Amendment 163 #
Proposal for a regulation Article 33 – paragraph 2 – point d Amendment 164 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) programmes and activities should in general be implemented to achieve their set objectives without doing significant harm to the environmental objectives of climate change mitigation, climate change adaptation, the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control and the protection and restoration of biodiversity
Amendment 165 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) programmes and activities sh
Amendment 166 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) programmes and activities sh
Amendment 167 #
Proposal for a regulation Article 33 – paragraph 2 – point d a (new) (d a) programmes and activities shall be implemented to achieve their set objectives respecting applicable working and employment conditions under relevant collective agreements, national and Union law.
Amendment 168 #
Proposal for a regulation Article 33 – paragraph 3 3. Specific, measurable, attainable,
Amendment 169 #
Proposal for a regulation Article 34 – paragraph 2 – subparagraph 2 For major programmes or activities that are expected to have significant economic, environmental or social impacts, the ex ante evaluation
Amendment 170 #
Proposal for a regulation Article 36 – paragraph 2 – point d (d) prevention, detection, correction and follow-up of fraud , corruption, conflicts of interest, double funding
Amendment 171 #
Proposal for a regulation Article 36 – paragraph 3 – point b a (new) (b a) procedures for detecting and preventing of conflicts of interests;
Amendment 172 #
Proposal for a regulation Article 36 – paragraph 6 – introductory part 6. For the purposes of point (d) of paragraph 2, the following data shall be recorded and stored electronically in an open, interoperable and machine-readable format and regularly made available in real time in the single integrated IT system for data-mining and risk-scoring provided by the Commission:
Amendment 173 #
Proposal for a regulation Article 36 – paragraph 6 – point a (a) the recipient’s full legal name in the case of legal persons, the first and last name in the case of natural persons, their VAT identification number or tax identification number where available or another unique identifier at country level and the amount of funding. If a natural person, also the date of birth and gender;
Amendment 174 #
Proposal for a regulation Article 36 – paragraph 6 – point a (a) the recipient’s full legal name in the case of legal persons, the first and last name in the case of natural persons
Amendment 175 #
Proposal for a regulation Article 36 – paragraph 6 – point a a (new) (a a) the amount of funding committed and, in case of a commitment with multiple recipients, the breakdown of this amount per recipient where available.
Amendment 176 #
Proposal for a regulation Article 36 – paragraph 6 – point a b (new) (a b) the locality of the recipient, namely: (i) the address of the recipient when the recipient is a legal person; (ii) the region on NUTS 2 level when the recipient is a natural person and is domiciled in the European Union or the country when the recipient is a natural person and is not domiciled in the European Union;
Amendment 177 #
Proposal for a regulation Article 36 – paragraph 6 – point a c (new) (a c) the nature and purpose of the measure;
Amendment 178 #
Proposal for a regulation Article 36 – paragraph 6 – point b (b) the first name(s), last name(s), date of birth, gender and VAT identification number(s) or tax identification number(s) where available or another unique identifier at country level of beneficial owner(s) of the recipients, where the recipients are not natural persons.
Amendment 179 #
Proposal for a regulation Article 36 – paragraph 6 – point b a (new) (b a) Where no beneficial owner is identified, the single integrated IT system shall include: (i) a statement accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; (ii) the details of the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity.
Amendment 180 #
Proposal for a regulation Article 36 – paragraph 6 – point b a (new) (b a) the first name(s), last name(s) and date of birth of the natural person(s) who hold the position of senior managing official(s), where no person has been identified as the beneficial owner;
Amendment 181 #
Proposal for a regulation Article 36 – paragraph 7 – subparagraph 2 The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring referred to in paragraph 2 of this Article shall comply with applicable data protection rules
Amendment 182 #
Proposal for a regulation Article 36 – paragraph 7 – subparagraph 2 The use of and access to the data processed by the single integrated IT system for data- mining and risk-scoring shall comply with applicable data protection rules and shall be limited to the Commission or an executive agency as referred to in Article 69, the Member States implementing the budget pursuant to Article 62(1), first subparagraph, point (b), the Member States that receive and implement Union funds pursuant to budget implementation under Article 62(1), first subparagraph, point (a), the persons or entities implementing the budget pursuant to Article 62(1), first subparagraph, point (c), OLAF, the Court of Auditors, EPPO and other Union investigative and control bodies, within the exercise of their respective competences. Access to the tool shall also be granted on a case-by-case basis to those who can demonstrate a legitimate interest such as being a civil society organisation or journalist working in fields such as anti- corruption, the use of public funds or similar public interests.
Amendment 183 #
Proposal for a regulation Article 36 – paragraph 7 a (new) 7 a. For the purposes of point (d) of paragraph 2, Article 145(2) and Article 148, and in addition to any applicable sector-specific rule, Member States implementing the budget under point (b), first subparagraph, Article 62(1), shall transmit to the Commission information through the Irregularity Management System on facts and findings established in the context of final judgments or final administrative decisions, as well as facts established in the context of audits or investigations carried out by the EPPO, the Court of Auditors, OLAF or any check, audit, control performed under the responsibility of the Commission, as to the presence of the exclusion situations referred to in Article 139(1). For the same purposes, Member States shall transmit all other complementary information requested by the Commission.
Amendment 184 #
Proposal for a regulation Article 36 – paragraph 8 – subparagraph 1 (new) For the purposes of point (d) of paragraph 2, Article 145(2) and Article 148 [and in addition to any applicable sector-specific rule], Member States that receive and implement Union funds, pursuant to budget implementation under point (a), first subparagraph, Article 62(1), shall transmit information through the Irregularity Management System on facts and findings established in the context of final judgments or final administrative decisions, as well as facts established in the context of audits or investigations carried out by the EPPO, the Court of Auditors, OLAF or any check, audit, control performed under the responsibility of the Commission, as to the presence of the exclusion situations referred to in Article 139(1). For the same purposes, Member States shall transmit all other complementary information requested by the Commission.
Amendment 185 #
Proposal for a regulation Article 36 – paragraph 9 9. For the purposes of the application of the requirements of paragraphs 2, 3 and 6 of this Article by Member States implementing the budget under Article 62(1), first subparagraph, point (b), references to recipients shall be understood
Amendment 186 #
Proposal for a regulation Article 36 – paragraph 10 a (new) 10a. The Commission shall report annually, no later than 30 September, to the European Parliament and to the Council on the aggregated information and figures on the recipients of funds, contractors, sub-contractors and the beneficial owners, for Union-funded projects and programmes implemented in the preceding financial year. The information shall also be made public.
Amendment 187 #
Proposal for a regulation Article 36 – paragraph 10 a (new) 10 a. The system referred to in paragraph 2 of this Article, shall provide an indicator of whether an entity or a person applying for, selected or receiving Union funds, has been excluded pursuant to Article 139. Persons and entities involved in budget implementation shall check that risk indicator before awarding EU funds to comply with the obligation set in Article 145 (5) of this Regulation.
Amendment 188 #
Proposal for a regulation Article 36 – paragraph 10 a (new) 10 a. The Commission shall report annually, no later than 30 September, to the European Parliament and to the Council on the aggregated information and figures on the recipients of funds, contractors, sub-contractors and the beneficial owners, across different Union- funded projects and programmes implemented in the preceding financial year. This information shall also be made publicly available.
Amendment 189 #
Proposal for a regulation Article 36 – paragraph 10 b (new) 10 b. Managing authorities shall record the data into the system referred to in paragraph 2 of this Article before awarding Union funds. Failing to comply with this obligation would be considered as a serious deficiency in the meaning of Articles 96 and 97 of Regulation (EU) 2021/1060.
Amendment 190 #
Proposal for a regulation Article 36 – paragraph 10 c (new) Amendment 191 #
Proposal for a regulation Article 38 – paragraph 1 – subparagraph 2 Where the budget is implemented in accordance with Article 62(1), first subparagraph, points (b) and (c), and with Member States in accordance to Article 62(1), first subparagraph, point (a), the Commission shall make available on its website information on recipients no later than 30 June of the year following the financial year in which the contract or agreement setting out the conditions of support was established. Where the budget is implemented in accordance with Article 62(1), first subparagraph, point (b), references in this Article to recipients shall be understood as
Amendment 192 #
Proposal for a regulation Article 38 – paragraph 2 – introductory part 2. Save in the cases referred to in paragraph 3
Amendment 193 #
Proposal for a regulation Article 38 – paragraph 2 – introductory part 2. Save in the cases referred to in paragraph 3 , the following information shall be published in an open, interoperable
Amendment 194 #
Proposal for a regulation Article 38 – paragraph 2 – point a (a) whether the final recipient is a natural or a legal person;
Amendment 195 #
Proposal for a regulation Article 38 – paragraph 2 – point b (b) the final recipient’s full legal name in the case of a legal person and their VAT identification number or tax identification number where available or another unique identifier established at country level, the first and last name of the recipient in the case of a natural person as well as their gender;
Amendment 196 #
Proposal for a regulation Article 38 – paragraph 2 – point c a (new) (c a) the recipient’s beneficial owner who ultimately profits from the Union funding;
Amendment 197 #
Proposal for a regulation Article 38 – paragraph 2 – point e a (new) (e a) In case the recipient is a legal person, the full name, and address of the final beneficial owner.
Amendment 198 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point c (c) financial support provided through financial instruments or budgetary guarantees for an amount lower than EUR 25
Amendment 199 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point c (c) financial support provided through financial instruments or budgetary guarantees for an amount lower than EUR 25
Amendment 200 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point d (d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or harming the commercial interests of the final recipients, financial intermediaries or financial sub- intermediaries;
Amendment 201 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point d (d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union
Amendment 202 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point d (d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union
Amendment 203 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point d (d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union
Amendment 204 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point d (d) where disclosure risks threatening the rights and freedoms of the persons or entities concerned as protected by the Charter of Fundamental Rights of the European Union or seriously harming the commercial interests of the recipients;
Amendment 205 #
Proposal for a regulation Article 38 – paragraph 3 – subparagraph 1 – point e (e) where it is not
Amendment 206 #
Proposal for a regulation Article 38 – paragraph 6 – subparagraph 1 Amendment 207 #
Proposal for a regulation Article 38 a (new) Article 38 a Visibility of the budget 1. In accordance with the principle of transparency and proportionality, the Commission shall ensure the visibility of the Union's budget. The Commission shall report to the European Parliament and the Council annually on the development of the visibility of the Union's budget and its added values, and include successful visibility approaches in order to encourage best practises sharing with beneficiaries. 2. To further increase the EU citizens' identification with and sense of community within the Union, all new communication efforts shall make the citizens' connection to the budget more visible by using the statements ‘Funded by the citizens of the European Union’ or ‘Co-funded by the citizens of the European Union’ next to the emblem of the Union.
Amendment 208 #
Proposal for a regulation Title II – Chapter 8 a (new) Amendment 209 #
Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 – point e (e) as regards appropriations for administration, a working document presenting administrative expenditure to be implemented by the Commission under its section of the budget and a working document on
Amendment 210 #
Proposal for a regulation Article 52 – paragraph 1 – point d – point iii – indent 3 — a comprehensive overview of borrowing and lending operations; that overview shall provide inter alia detailed information on maturities, schedule of payments, interest due, the underlying data and the methodology used to estimate the interest due (including through comprehensive graphs and figures), investor base, where applicable dimension and costs of the common liquidity pool underpinning the diversified funding strategy and on the role of own resources in the repayment of the debt, and information on expected annual amount to borrow in the following years and estimated amount available under the own resources ceiling to cover this borrowing;
Amendment 211 #
Proposal for a regulation Article 52 – paragraph 1 – point d – point iii – indent 3 — a comprehensive overview of borrowing and lending operations; that overview shall provide inter alia the identities of third-country national buyers of bonds, purchase order information and allotment;
Amendment 212 #
Proposal for a regulation Article 52 – paragraph 1 – point d – point iii – indent 3 — a comprehensive overview of borrowing and lending operations including at least detailed information on maturities, outstanding debt, interest due, the borrowing plan including revenue sources, a liquidity forecast and certified by the Chief Risk Officer ;
Amendment 213 #
Proposal for a regulation Article 59 – paragraph 3 a (new) 3 a. Service-level agreement revisions, and the subsequent changes in the financial obligations of the institutions involved towards each other, shall intervene before these institutions transmit their estimates of revenues and expenditures to the Commission, if the changes relate to appropriations of the year of these estimates;
Amendment 214 #
Proposal for a regulation Article 61 – paragraph 2 2. Where there is a risk of a conflict of interests involving a member of staff of a national authority, the person in question or anyone aware of the risk shall refer the matter to his or her hierarchical superior and competent authority at national level. In case risks of conflicts of interests are based on economic reasons or political affinity, such a case shall also be referred to a competent authority at EU level. Where such a risk exists for an office holder at both national or EU level, the person in question or anyone aware of the risk shall refer the matter to the relevant EU authority. Where such a risk exists for staff covered by the Staff Regulations, the person in question shall refer the matter to the relevant authorising officer by delegation. The relevant hierarchical superior or the authorising officer by delegation shall confirm in writing whether a conflict of interests is found to exist. Where a conflict of interests is found to exist, the appointing authority or the relevant national or EU authority shall ensure that the person in question cease
Amendment 215 #
Proposal for a regulation Article 61 – paragraph 2 2. Where there is a risk of a conflict of interests involving a member of staff of a national authority, the person in question shall refer the matter to his or her hierarchical superior and/or the authority competent at national and European level. Where such a risk
Amendment 216 #
Proposal for a regulation Article 62 – paragraph 1 – subparagraph 1 – point c – point ix a (new) (ix a) national promotional bank or institution as defined in Article 2(20) of Regulation (EU) 2021/523.
Amendment 217 #
Proposal for a regulation Article 63 – paragraph 1 1. Where the Commission implements the budget under shared management, tasks relating to budget implementation shall be delegated to Member States. The Commission and Member States shall respect the principles of sound financial management, transparency, the provisions of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget, the fundamental rights set out in the Charter of Fundamental rights including equality between women and men and non- discrimination and shall ensure the visibility of the Union action and its added value when they manage Union funds. To that end, the Commission and Member States shall fulfil their respective control and audit obligations and assume the resulting responsibilities laid down in this Regulation. Complementary provisions shall be laid down in sector-specific rules.
Amendment 218 #
Proposal for a regulation Article 63 – paragraph 8 – subparagraph 1 – point c a (new) (c a) interrupt payment deadlines or suspend payments in case of non- compliance with Article 6 (2) and (3) putting at risk the legality of expenditure.
Amendment 219 #
Proposal for a regulation Article 80 – paragraph 2 2. The accounting officer may deviate from the standards referred to in paragraph 1 if he or she considers this necessary in order to give a fair presentation of the assets and liabilities, charges, income and cash flow. Internationally-accepted accounting standards such as IFRS should generally be accepted for actions under indirect management. Where an accounting rule diverges materially from those standards, the notes to the financial statements shall disclose that fact and the reasons for it.
Amendment 220 #
Proposal for a regulation Article 102 – paragraph 4 Amendment 222 #
Proposal for a regulation Article 115 – paragraph 6 6. The amount of a budgetary commitment for which no payment within the meaning of Article 116 has been made within two years of the entering into the legal commitment shall be decommitted, except where that amount relates to a case under litigation before judicial courts or
Amendment 223 #
Proposal for a regulation Article 119 – paragraph 9 9. The reports and findings of the internal auditor, as well as the report of the Union institution concerned, shall be accessible to the public on
Amendment 224 #
Proposal for a regulation Article 126 – paragraph 1 – subparagraph 1 – introductory part Union contributions under direct, shared
Amendment 225 #
Proposal for a regulation Article 126 – paragraph 1 – subparagraph 1 – point a – point i (i) the fulfilment of conditions set out in sector-specific rules or Commission or Council decisions; or
Amendment 226 #
Proposal for a regulation Article 126 – paragraph 1 – subparagraph 2 a (new) Any form of Union contribution shall not, unless in duly justified cases, substitute recurring national budgetary expenditure and shall respect the principle of additionality of Union funding to provide EU added value.
Amendment 227 #
Proposal for a regulation Article 128 – paragraph 1 Without prejudice to existing possibilities for carrying out further audits, where an audit based on internationally accepted audit standards providing reasonable assurance has been conducted by an independent auditor on the financial statements and reports setting out the use of a Union contribution, that audit shall
Amendment 228 #
Proposal for a regulation Article 130 – paragraph 2 a (new) Amendment 229 #
Proposal for a regulation Article 131 Amendment 230 #
Proposal for a regulation Article 133 – paragraph 2 – introductory part 2. Where, after the award, the award procedure proves to have been subject to irregularities or fraud, the authorising officer responsible
Amendment 231 #
Proposal for a regulation Article 133 – paragraph 3 – subparagraph 1 – introductory part The authorising officer responsible
Amendment 232 #
Proposal for a regulation Article 133 – paragraph 3 – subparagraph 1 – point c a (new) (c a) non-compliance with Article 6 (2) and (3) puts the legality of expenditure at risk.
Amendment 233 #
Proposal for a regulation Article 138 – paragraph 1 – subparagraph 1 In order to protect the financial interests of the Union, the Commission shall set up and operate an early-detection and exclusion system, applying to all management systems.
Amendment 234 #
Proposal for a regulation Article 138 – paragraph 2 – subparagraph 4 Amendment 235 #
Proposal for a regulation Article 138 – paragraph 2 – subparagraph 4 – point l (l) beneficial owners and affiliated entities of the person or entity referred to in point (k) and (j).
Amendment 236 #
Proposal for a regulation Article 138 – paragraph 3 a (new) 3 a. In case of pillar-assessed institutions, the respective internal processes and control systems shall be deemed sufficient and the early-detection and exclusion system shall not apply to pillar- assessed organisations implementing funds, as referred to in Article 62 (1) (a), (b) and (c).
Amendment 237 #
Proposal for a regulation Article 139 – paragraph 1 – point e – point iii (iii) been discovered by the Commission, an authorising officer, OLAF or the Court of Auditors or any other Union Institution or Body following checks, audits or investigations;
Amendment 238 #
Proposal for a regulation Article 139 – paragraph 1 – point e – point iii (iii) been discovered by an authorising officer, OLAF
Amendment 239 #
Proposal for a regulation Article 139 – paragraph 1 – point g (g) it has been established by a final judgment or final administrative decision that the person or entity has created an entity in a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations including those related to working rights, employment and labour conditions, in the jurisdiction of its registered office, central administration or principal place of business;
Amendment 240 #
Proposal for a regulation Article 139 – paragraph 2 Amendment 241 #
Proposal for a regulation Article 139 – paragraph 2 – subparagraph 1 Amendment 242 #
Proposal for a regulation Article 139 – paragraph 8 8. At the request of the authorising officer,
Amendment 243 #
Proposal for a regulation Article 142 – paragraph 1 – subparagraph 1 – point b – point i (i) five years for the cases referred to in Article 139(1), points (c), (d) and (i) ;
Amendment 244 #
Proposal for a regulation Article 142 – paragraph 2 – subparagraph 4 Where the conduct of a person or entity referred to in Article 138(2) of this Regulation concerned qualifies under several of the grounds listed in Article 139(1) of this Regulation,
Amendment 245 #
Proposal for a regulation Article 143 – paragraph 1 – subparagraph 1 – introductory part In order to
Amendment 246 #
Proposal for a regulation Article 143 – paragraph 1 – subparagraph 1 – introductory part In order to, where necessary, reinforce the deterrent effect of the exclusion and/or financial penalty, the Commission shall, subject to a decision of the authorising officer responsible, publish on its website the following information related to the exclusion and, where applicable, the financial penalty in the cases referred to in points (c) to (
Amendment 247 #
Proposal for a regulation Article 143 – paragraph 1 – subparagraph 1 – point b (b) the exclusion situation including the ground for an exclusion ;
Amendment 248 #
Proposal for a regulation Article 143 – paragraph 1 – subparagraph 3 The decision
Amendment 249 #
Proposal for a regulation Article 143 – paragraph 2 – introductory part 2. The exceptions to publishing information referred to in paragraph 1 of this Article
Amendment 250 #
Proposal for a regulation Article 143 – paragraph 2 – point c Amendment 251 #
Proposal for a regulation Article 143 – paragraph 2 – subparagraph 1 (new) The decision whether the exception from the paragraph above applies shall be taken by the authorising officer responsible either following the relevant final judgment or, where applicable, final administrative decision, or following the recommendation of the panel referred to in Article 146, as the case may be.
Amendment 252 #
Proposal for a regulation Article 144 – paragraph 1 – subparagraph 1 – point d (d) has conflicting professional interests which may negatively affect the performance of the contract in accordance with point 20.6 of Annex I.
Amendment 253 #
Proposal for a regulation Article 145 – paragraph 5 – subparagraph 2 Amendment 254 #
Proposal for a regulation Article 145 – paragraph 6 – subparagraph 2 The information referred to in the first subparagraph of this paragraph shall be provided with due regard to confidentiality requirements
Amendment 255 #
Proposal for a regulation Article 149 Amendment 256 #
Proposal for a regulation Article 151 a (new) Amendment 257 #
Proposal for a regulation Article 153 – paragraph 5 – subparagraph 2 For contracts awarded by the Union delegations or awarded exclusively in the interest of Union delegations in third countries, the contracting authority may restrict the submission by letter to only one of the means indicated above. In case the contracting authority makes use of this provision, the reasons for the restriction shall be documented.
Amendment 258 #
Proposal for a regulation Article 158 – paragraph 2 2. Persons and entities entrusted with the implementation of Union funds or
Amendment 259 #
Proposal for a regulation Article 158 – paragraph 4 – subparagraph 1 – point c (c) are subject to an independent external audit, performed in accordance with internationally accepted auditing standards by an audit service
Amendment 260 #
Proposal for a regulation Article 159 – paragraph 1 – subparagraph 3 For actions terminating before the end of the financial year concerned, the final report may replace the management declaration referred to in point (c) of the first subparagraph, provided it is submitted before 15
Amendment 261 #
Proposal for a regulation Article 159 – paragraph 1 – subparagraph 5 The documents referred to in the first subparagraph shall be provided to the Commission no later than 15
Amendment 262 #
Proposal for a regulation Article 159 – paragraph 2 – subparagraph 3 – introductory part Entities implementing financial
Amendment 263 #
Proposal for a regulation Article 159 – paragraph 2 – subparagraph 4 When concluding agreements with financial intermediaries, entities implementing financial instruments and budgetary guarantees in accordance with Title X shall request the financial intermediaries to report on the observance of the requirements laid down in this paragraph only in cases where the financial intermediary or sub- intermediary is not by law already subjected to the relevant legislation.
Amendment 264 #
Proposal for a regulation Article 159 – paragraph 6 6. The requirements of paragraph 6 of Article 38 shall apply to persons or entities implementing Union funds pursuant to Article 62(1), first subparagraph, point c), where the financial support directly provided by persons or entities to third parties is of an amount higher than EUR 25
Amendment 265 #
Proposal for a regulation Article 159 – paragraph 10 a (new) 10 a. In case of pillar-assessed organisations pursuant to article 158.3 and 158.4, the EU should fully rely on the rules and procedures already in place in those organisations operating under direct, indirect and shared management modes.
Amendment 266 #
Proposal for a regulation Article 164 – paragraph 5 – point c a (new) (c a) building contracts concluded by the contracting authority and a contracting authority of the city or municipality which hosts the Institution or Agency concerned.
Amendment 267 #
Proposal for a regulation Article 164 – paragraph 5 – subparagraph 1 (new) Without prejudice to the principle of sound financial management, defrayal of expenses actually incurred in connection with parliamentary assistance referred to in Chapter 5 of the Implementing Measures for the Statute for Members of the European Parliament shall be subject to procurement rules and procedures applicable only to contracts with value above the threshold referred to in Article 4, point (b), of Directive 2014/24/EU.
Amendment 268 #
Proposal for a regulation Article 164 – paragraph 6 6. With the exception of procurement
Amendment 269 #
Proposal for a regulation Article 169 – paragraph 1 – subparagraph 4 By way of derogation from the third subparagraph, in a situation of extreme urgency resulting from a crisis, new contracting authorities might be added - provided that they also made a crisis declaration - by the contracting authority after the launch of the procurement procedure and before contract signature, subject to the conditions set out in Article 164(6) and provided that the modification does not alter the subject matter of the contract or the framework contract.
Amendment 270 #
Proposal for a regulation Article 169 – paragraph 2 – subparagraph 1 Where a contract or framework contract is necessary for the implementation of a joint action between a Union institution , a Union body referred to in Articles 70 and 71 or an executive agency referred to in Article 69 and one or more contracting authorities from Member States, the procurement procedure may be carried out jointly by the Union institution and the contracting authorities. Where it is necessary to carry out a joint procurement between a Union institution, a Union body referred to in Articles 70 and 71 or an executive agency referred to in Article 69 and one or more contracting authorities from Member States, Member States may acquire, rent or lease fully the capacities jointly procured in accordance with the respective provisions laid down in Directives 2014/24/EU, 2014/25/EU and 2014/23/EU of the European Parliament and of the Council.
Amendment 271 #
Proposal for a regulation Article 169 – paragraph 2 – subparagraph 6 In a situation of extreme urgency resulting from a crisis, new contracting authorities may be added after the launch of the
Amendment 272 #
Proposal for a regulation Article 169 – paragraph 3 – subparagraph 1 Amendment 273 #
Article 209 a Intermediated low-value grants In case of intermediated low-value grants to natural persons or SMEs, no specific grant agreement with the final beneficiaries and no gathering and publication of the final beneficiary shall be necessary.
Amendment 274 #
Proposal for a regulation Article 213 – paragraph 4 – subparagraph 2 For financial instruments and budgetary guarantees implemented under indirect management, the authorising officer responsible shall ensure that unaudited financial statements covering the period 1 January to 31 December prepared in compliance with the accounting rules referred to in Article 80 and with IPSAS, as well as any information necessary to produce financial statements in accordance with Article 82(2), be provided by the entities pursuant to points (c)(ii), (iii), (v) and (vi) of the first subparagraph of Article 62(1) by 15 February of the following financial year and that audited financial statements be provided by those entities by
Amendment 275 #
Proposal for a regulation Article 214 – paragraph 3 a (new) 3 a. Budgetary guarantees may be denominated in other currencies than euro if this is to provide for the equal access to them or if this is justified by the objectives of the basic act. Article 19 shall apply accordingly.
Amendment 276 #
Proposal for a regulation Article 214 – paragraph 3 a (new) 3 a. The Union shall introduce overall borrowing limits within each legislative period. The attainment of the borrowing threshold shall put automatically on pause any further borrowing activities.
Amendment 277 #
Proposal for a regulation Article 224 – paragraph 1 – subparagraph 1 (new) The Commission shall not, on behalf of the Union, raise further funds on the capital markets or from financial institutions in excess of the limits set for this purpose in the Multiannual Financial Framework.
Amendment 278 #
Proposal for a regulation Article 224 a (new) Article 224 a Diversified funding strategy 1. Where the Commission is empowered, in relevant basic acts, to borrow funds on behalf of the Union on the capital markets or from financial institutions, while fully respecting the principles of budgetary neutrality and budgetary balance as set out in Article 310(1) of the Treaty on the Functioning of the European Union (TFEU), the Commission shall implement a diversified funding strategy and, except in duly justified cases, borrowing and debt management operations to fund programmes. The diversified funding strategy shall be implemented through all necessary transactions aiming at a regular capital market presence, shall be based on pooling of funding instruments and shall make use of a common liquidity pool. 2. The Commission shall establish the necessary arrangements for the implementation of the diversified funding strategy. The Commission shall regularly and comprehensively inform the European Parliament and the Council about all aspects of its borrowing and debt management strategy. 3. Without prejudice to the basic acts empowering the Commission to borrow funds on behalf of the Union, the European Parliament and the Council shall approve, in the context of the budgetary procedure, the maximum amount that the Commission is authorised to borrow under the diversified funding strategy during that financial year.
Amendment 279 #
Proposal for a regulation Article 238 – paragraph 1 a (new) 1 a. The Union shall phase-out the Trust funds as eroneous practice; ever growing EU budget, especially covering the external action, duplicates the activities of 5 Union Trust funds, which operate with an overall envelope of 13,8 billion EUR (2021);
Amendment 280 #
Proposal for a regulation Article 240 – paragraph 1 (1) To reply to the enhanced need to coordinate external actions with multiples partners to effevtively address global challenges with appropriate scale the Union may make contributions in the form of financing not linked to costs to multi- donor, pooled funded global initiatives when these support the achievement of Union policy objectives and where budget implementation instruments provided for in other Titles of this Regulation would not be sufficient to achieve such Union policy objectives.
Amendment 281 #
Proposal for a regulation Article 240 – paragraph 2 – subparagraph 1 – point i Amendment 282 #
Proposal for a regulation Article 242 – paragraph 5 5. The value of the contract shall be below the thresholds referred to in Article 179(1). This value may be exceeded by up to 100 % only exceptionally and in duly justified cases, in order to allow the Union institutions to compete on equal footing with other actors in the market.
Amendment 283 #
Proposal for a regulation Article 244 – paragraph 2 a (new) 2 a. In the case of supplies of non- perishable supplies and in keeping with the accounting rules and standards referred to in Article 80, Union institutions and bodies may not provide non-financial donations before the depreciable amount of a supply represents 20 % of the supply cost allocated when the supply was ready for use
Amendment 284 #
Proposal for a regulation Article 265 – paragraph 3 3. If the European Parliament postpones the decision giving a discharge, the Commission, the other EU institutions and the EU bodies provided for in Articles 70 and 71 shall make every effort to take measures, as soon as possible, to remove or facilitate removal of the obstacles to that decision.
Amendment 285 #
Proposal for a regulation Article 271 – paragraph 1 – subparagraph 1 – point a (a) for each building, the expenditure and surface area, broken down by offices purpose and other purposes, covered by the appropriations of the corresponding budget lines. The expenditure shall include the costs of the fitting-out of buildings but not the other charges;
Amendment 286 #
Proposal for a regulation Article 271 – paragraph 1 – subparagraph 1 – point b (b) the expected evolution of the global programming of surface area and locations for the coming years with a description of the building projects in planning phase which are already identified as well as the foreseeable evolutions of the surrounding real estate market that may impact the initially expected cost, the security conditions or the perspective of the widening of the scale of the building project;
Amendment 287 #
Proposal for a regulation Article 271 – paragraph 1 – subparagraph 1 – point c a (new) (c a) the explained coherence between the points (a) to (c) of this paragraph with the evolution of the use by staff of the teleworking provisions provided by their institutions;
Amendment 288 #
Proposal for a regulation Article 271 – paragraph 2 2. For any building project likely to have significant financial implications for the budget, the Union institution concerned shall inform the European Parliament and the Council as early as possible, and in any case before any prospecting of the local market takes place, in the case of building contracts, or before invitations to tender are issued, in the case of building works, about the building surface area required, the demonstrated reasons underlying this requirement and the provisional planning.
Amendment 289 #
For any building project likely to have significant financial implications for the budget, the Union institution concerned shall present the building project, in particular
Amendment 290 #
Proposal for a regulation Article 271 – paragraph 5 – subparagraph 1 – point b (b) the acquisition, sale, structural renovation, energy efficiency upgrades, construction of buildings or any project combining those elements to be implemented in the same timeframe, exceeding EUR 3 000 000;
Amendment 291 #
Proposal for a regulation Article 271 – paragraph 5 – subparagraph 1 – point c (c) the acquisition, structural renovation, energy efficiency upgrades, construction of buildings or any project combining those elements to be implemented in the same timeframe, exceeding EUR 2 000 000 in the event that the price represents more than 110 % of the local price of comparable properties as evaluated by an independent expert;
Amendment 292 #
Proposal for a regulation Article 271 – paragraph 6 – subparagraph 1 Without prejudice to Article 17, a building acquisition
Amendment 293 #
Proposal for a regulation Article 271 – paragraph 6 – subparagraph 3 When the Union institution proposes to finance the acquisition
Amendment 294 #
Proposal for a regulation Article 271 – paragraph 6 – subparagraph 4 The European Parliament and the Council shall deliberate upon the request for prior approval within four weeks, extendable once by two weeks, of its receipt by both institutions. The acquisition
Amendment 295 #
Proposal for a regulation Article 275 – paragraph 2 2. Regulation (EU, Euratom) 2018/1046, Regulation (EU, Euratom) No 966/2012 and Delegated Regulation (EU) No 1268/2012 shall continue to apply to legal commitments entered into before the entry into force of this Regulation. The existing pillar assessments, contribution agreement templates and financial framework partnership agreements
Amendment 296 #
Proposal for a regulation Article 275 – paragraph 4 4. The obligations set out in Article 38, first and third subparagraph of paragraph 4 and in paragraph 6, shall apply only to programmes adopted under and financed from the post-2027 multiannual financial framework.
Amendment 297 #
Proposal for a regulation Annex I – Part 1 – Section 2 – point 6 – point 6.2 6.2. In a competitive procedure with negotiation, a competitive dialogue, an innovation partnership, a prospection of the local market in accordance with point (g) of the second subparagraph of point 11.1 and a negotiated procedure for low value contracts in accordance with point 14.3, the minimum number of candidates shall be three.
Amendment 298 #
Proposal for a regulation Annex I – Part 1 – Section 2 – point 6 – point 6.3 – point b (b) negotiated procedures without prior publication in accordance with point 11, except for design contests in accordance with point (d) of the second subparagraph
Amendment 299 #
Proposal for a regulation Annex I – Part 1 – Section 2 – point 6 – point 6.6 6.6. For contracts awarded in accordance with point (d) and (g) of the second subparagraph of point 11.1 and points 14.2 and 14.3, the contracting authority shall invite at least all economic operators who have expressed interest following ex ante publicity as set out in point 3.1 or prospection of the local market or a design contest.
source: 742.524
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