Procedure : 2018/0211(COD)
Document stages in plenary
Document selected : A8-0064/2019

Texts tabled :

A8-0064/2019

Debates :

PV 11/02/2019 - 13
CRE 11/02/2019 - 13

Votes :

PV 12/02/2019 - 9.7
Explanations of votes

Texts adopted :

P8_TA(2019)0068

<Date>{04/02/2019}4.2.2019</Date>
<NoDocSe>A8-0064/2019</NoDocSe>
PDF 242kWORD 106k

<TitreType>REPORT</TitreType>     <RefProcLect>***I</RefProcLect>

<Titre>on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme </Titre>

<DocRef>(COM(2018)0386 – C8‑0236/2018 – 2018/0211(COD))</DocRef>


<Commission>{CONT}Committee on Budgetary Control</Commission>

Rapporteur: <Depute>José Ignacio Salafranca Sánchez‑Neyra</Depute>

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Budgets
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme

(COM(2018)0386 – C8‑0236/2018 – 2018/0211(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2018)0386),

 having regard to Article 325 and Article 33 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0236/2018),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the opinion of the Court of Auditors of 15 November 2018[1],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A8-0064/2019),

1. Adopts its position at first reading hereinafter set out;

2. Points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2021-2027;

3. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.


<RepeatBlock-Amend><Amend>Amendment  <NumAm>1</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 3 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(3 a) It is necessary to compensate for the diversity of the legal and administrative systems in the Member States in order to overcome irregularities and combat fraud. The fluctuation in the number of irregularities can be linked to the progression of the multiannual programming cycles and late reporting. All of this requires the establishment of a uniform system for collecting data on irregularities and cases of fraud from the Member States in order to standardise the reporting process and ensure the quality and comparability of the data provided.

<TitreJust>Justification</TitreJust>

European Parliament resolution of 3 May 2018 on the Annual Report 2016 on the protection of the EU’s financial interests – Fight against fraud.  Available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2018-0196&language=EN&ring=A8-2018-0135

</Amend>

<Amend>Amendment  <NumAm>2</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 3 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(3 b) The importance of the prevention activities of the Commission and the European Anti-Fraud Office (OLAF) is undisputable, as are the strengthening of implementation of the Early Detection and Exclusion System (EDES) and the Anti-Fraud Information System (AFIS) and the completion of the national anti-fraud strategies. In the context of those activities, it is necessary to draw up a framework for the digitalisation of all processes in the implementation of Union policies (including calls for proposals, application, evaluation, implementation and payments) to be applied by all Member States.

<TitreJust>Justification</TitreJust>

European Parliament resolution of 3 May 2018 on the Annual Report 2016 on the protection of the EU’s financial interests – Fight against fraud. Available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2018-0196&language=EN&ring=A8-2018-0135

</Amend>

<Amend>Amendment  <NumAm>3</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 6</Article>

 

Text proposed by the Commission

Amendment

(6) Union support in the fields of the protection of the financial interests of the Union, of irregularity reporting, and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme, the EU Anti-Fraud Programme (the ‘Programme’), with a view to increasing synergies and budgetary flexibility, and to simplifying management.

(6) Union support in the fields of the protection of the financial interests of the Union, of irregularity reporting, and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme, the EU Anti-Fraud Programme (the ‘Programme’), with a view to increasing synergies and budgetary flexibility, and to simplifying management without prejudice to an effective control by the co-legislators of the programme implementation.

</Amend>

<Amend>Amendment  <NumAm>4</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 7 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(7a) The protection of the Union’s financial interests should target all aspects of the Union budget, both on the revenue side and on the expenditure side. In this context, due consideration should be given to the fact that the Programme is the only one specifically to protect the expenditure side of the Union budget.

</Amend><Amend>Amendment  <NumAm>5</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 10</Article>

 

Text proposed by the Commission

Amendment

(10) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(10) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Contracts financed in whole or in part by the Union budget under the Programme are thus subject, inter alia, to the principles of transparency, proportionality, equal treatment and non-discrimination, while grants are in addition subject to the principles of co-financing, non-cumulative award and no double financing, non-retroactivity and no-profit. Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

<TitreJust>Justification</TitreJust>

See Art 160 (1) of the Financial Rules (principles applicable to procurements and concessions) and article 188 of the FR (principles applicable to grants)

</Amend>

 

<Amend>Amendment  <NumAm>6</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 11 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(11 a) The maximum rates for co-financing for grants under the Programme should not exceed 80 % of the eligible costs. In exceptional and duly justified cases, defined in the work programme, such as cases concerning Member States exposed to a high risk in relation to the financial interests of the Union, the maximum co-financing rate should be set at 90 % of eligible costs.

</Amend>

<Amend>Amendment  <NumAm>7</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 12 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(12 a) The Commission should adopt the work programmes in accordance with article 110 of the Financial Regulation. The work programmes should contain a description of the actions to be financed, an indication of the amount allocated to each action, an indicative implementation timetable and the maximum rate of co-financing for grants. When preparing the work programme, the Commission should take into account the European Parliament’s priorities as expressed within the framework of its annual evaluation of the protection of the financial interests of the Union. The work programme should be published on the Commission’s website and transmitted to the European Parliament.

</Amend>

 

<Amend>Amendment  <NumAm>8</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 12 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(12 b) Actions should be eligible on the basis of their ability to achieve the specific objectives of the Programme provided for in Article 2. These may include the provision of special technical assistance for the competent authorities of Member States, such as providing specific knowledge, specialised and technically advanced equipment and effective information technology (IT) tools; ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross-border operations; or enhancing staff exchanges for specific projects. Moreover, eligible actions may also include the organisation of targeted specialised training, risk analysis workshops as well as, where appropriate, conferences and studies.

</Amend>

<Amend>Amendment  <NumAm>9</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 13</Article>

 

Text proposed by the Commission

Amendment

(13) The purchase of equipment through the Union instrument for financial support for customs control equipment26 may have a positive impact on the fight against fraud affecting the financial interests of the EU. There is a joint responsibility on the Union instrument for financial support for customs control equipment and the Programme to avoid any duplication in the Union support. The Programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the Union instrument for financial support for customs control equipment, or equipment for which the beneficiaries are authorities other than the authorities targeted by the Union instrument for financial support for customs control equipment. Avoiding overlaps should be notably ensured in the context of the preparation of the annual work programmes.

(13) The purchase of equipment through the Union instrument for financial support for customs control equipment26 may have a positive impact on the fight against fraud affecting the financial interests of the EU. There is a joint responsibility on the Union instrument for financial support for customs control equipment and the Programme to avoid any duplication in the Union support. The Programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the Union instrument for financial support for customs control equipment, or equipment for which the beneficiaries are authorities other than the authorities targeted by the Union instrument for financial support for customs control equipment. Moreover, there should be a clear link between the impact of the funded equipment and the protection of the financial interest of the Union. Avoiding overlaps as well as establishing synergies between the Programme and other relevant programmes in areas such as justice, customs, and home affairs should be notably ensured in the context of the preparation of the work programmes.

_________________

_________________

26 [ref]

26 [ref]

<TitreJust>Justification</TitreJust>

In line with the observations by the Court of Auditors in its Special Report 19/2017 ‘Import Procedures: Shortcomings in the Legal Framework and an Ineffective Implementation Impact the Financial Interests of the EU’

</Amend>

<Amend>Amendment  <NumAm>10</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 13 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(13 a) The Programme supports cooperation between administrative and law enforcement authorities of the Member States and between the latter and the Commission, including OLAF, as well as other relevant Union bodies and agencies, such as the Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Law Enforcement Cooperation (Europol), with a view to ensuring a more effective protection of the financial interests of the Union. It will also support cooperation with the European Public Prosecutor’s Office (EPPO) in this regard, once that office assumes its tasks.

</Amend>

<Amend>Amendment  <NumAm>11</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 14</Article>

 

Text proposed by the Commission

Amendment

(14) The Programme should be open to participation by countries of the European Free Trade Association (EFTA) which are members in the European Economic Area (EEA). It should also be open to participation by acceding countries, candidate countries and potential candidates, as well as countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements. The Programme should also be open to other third countries provided that they enter into a specific agreement covering their participation to Union programmes.

(14) The Programme should be open to participation by countries of the European Free Trade Association (EFTA) which are members in the European Economic Area (EEA). It should also be open to participation by acceding countries, candidate and potential candidate countries, as well as countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements. The Programme should also be open to other third countries provided that they have an association agreement or enter into a specific agreement covering their participation to Union programmes.

<TitreJust>Justification</TitreJust>

A specific mention to third countries having an association agreement with the EU.

</Amend>

<Amend>Amendment  <NumAm>12</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 15 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(15 a) In particular, the participation of entities established in countries which have an association agreement in force with the Union should be encouraged, with a view to strengthening the protection of the financial interests of the Union through cooperation relating to customs and exchange of best practices, particularly as regards ways of combating fraud, corruption and other illegal activities affecting the financial interests of the Union and as regards facing challenges relating to new technological developments;

</Amend><Amend>Amendment  <NumAm>13</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 22</Article>

 

Text proposed by the Commission

Amendment

(22) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201635 , there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

(22) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201635 , there is a need to evaluate this Programme on the basis of information collected through reporting, namely on performance, monitoring and evaluation requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. An independent evaluator should carry out the evaluation.

__________________

__________________

35 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).

35 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).

<TitreJust>Justification</TitreJust>

Alignment with the Interinstitutional Agreement on Better Law making.

</Amend>

<Amend>Amendment  <NumAm>14</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 23</Article>

 

Text proposed by the Commission

Amendment

(23) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to develop the provisions for a monitoring and evaluations framework of the Programme. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(23) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to adopt the work programmes. In addition, in order to amend this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the indicators set out in Annex II to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

<TitreJust>Justification</TitreJust>

Alignment with the standard recital clause on delegated acts agreed in the Interinstitutional Agreement on Better Law making.

</Amend><Amend>Amendment  <NumAm>15</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 181.207 million in current prices.

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 321 314 000 in 2018 prices (EUR 362 414 000 in current prices).

<TitreJust>Justification</TitreJust>

In line with the decision of the Conference of Presidents of 13 September 2018, this amendment reflects the figures contained in the interim report on the Multiannual Financial Framework 2021-2027 adopted by the plenary on 14 November 2018.

</Amend>

<Amend>Amendment  <NumAm>16</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 2 – point a</Article>

 

Text proposed by the Commission

Amendment

(a) EUR 114.207 million for the objective referred to in Article 2(2)(a);

(a) EUR 202 512 000 in 2018 prices (EUR 228 414 000 in current prices) for the objective referred to in Article 2(2)(a);

</Amend>

<Amend>Amendment  <NumAm>17</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 2 – point b</Article>

 

Text proposed by the Commission

Amendment

(b) EUR 7 million for the objective referred to in Article 2(2)(b);

(b) EUR 12 412 000 in 2018 prices (EUR 14 million in current prices) for the objective referred to in Article 2(2)(b);

</Amend>

<Amend>Amendment  <NumAm>18</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 2 – point c</Article>

 

Text proposed by the Commission

Amendment

(c) EUR 60 million for the objective referred to in Article 2(2)(c).

(c) EUR 106 390 000 in 2018 prices (EUR 120 million in current prices) for the objective referred to in Article 2(2)(c).

</Amend>

<Amend>Amendment  <NumAm>19</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 2 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

2 a. The Commission shall be empowered to reallocate funds between the objectives set out in Article 2(2). If a reallocation involves the change by 10 % or more of one of the amounts set out in paragraph 2 of this Article, the reallocation shall be done by way of a delegated act adopted in accordance with Article 14.

</Amend>

<Amend>Amendment  <NumAm>20</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3 – paragraph 3</Article>

 

Text proposed by the Commission

Amendment

3. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.

3. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems. Moreover, the indicative allocation in point (a) of paragraph 2 takes due account of the fact that the Programme is the only one of its kind addressing the expenditure side of the protection of the financial interests of the Union.

</Amend>

<Amend>Amendment  <NumAm>21</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 4 – paragraph 1 – point d – point a</Article>

 

Text proposed by the Commission

Amendment

(a) ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;

deleted

<TitreJust>Justification</TitreJust>

Content covered in the remaining points of the same paragraph.

</Amend>

<Amend>Amendment  <NumAm>22</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 5 – paragraph 2</Article>

 

Text proposed by the Commission

Amendment

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants and procurement, as well as the reimbursement of travel and subsistence expenses as provided for by Article 238 of the Financial Regulation.

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants in accordance with Title VIII and procurement in accordance with Title VII, as well as the reimbursement of travel and subsistence expenses as provided for by Article 238 of the Financial Regulation.

<TitreJust>Justification</TitreJust>

Include references to the Financial Regulation.

</Amend>

<Amend>Amendment  <NumAm>23</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Chapter 2 – title</Article>

 

Text proposed by the Commission

Amendment

GRANTS

deleted

</Amend><Amend>Amendment  <NumAm>24</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 7 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

The co-financing rate for grants awarded under the Programme shall not exceed 80 % of the eligible costs. In exceptional and duly justified cases, defined in the work programmes referred to in Article 10, the co-financing rate shall not exceed 90 % of the eligible costs.

</Amend>

<Amend>Amendment  <NumAm>25</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

Only actions implementing the objectives referred to in Article 2 shall be eligible for funding.

The following actions implementing the objectives referred to in Article 2 shall be eligible for funding:

 

(a) providing technical knowledge, specialised and technically advanced equipment and effective IT tools enhancing transnational and multidisciplinary cooperation and cooperation with the Commission;

 

(b) enhancing staff exchanges for specific projects, ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross border operations;

 

(c) providing technical and operational support to national investigations, in particular to customs and law enforcement authorities to strengthen the fight against fraud and other illegal activities;

 

(d) building IT capacity throughout the Member States and third countries, increasing data exchange, and developing and providing IT tools for investigation and monitoring of intelligence work;

 

(e) organising specialised training, risk analysis workshops, conferences and studies aimed at improving cooperation and coordination among services concerned with the protection of the financial interests of the Union;

 

(f) financing a set of IT applications related to customs and operated under a common information system managed by the Commission, built to perform tasks entrusted to the Commission by Council Regulation (EC) No 515/971a;

 

(g) financing a secure electronic communications tool to facilitate the Member States’ obligation to report detected irregularities, including fraud, and which supports the management and analyses of those;

 

(h) any other action, provided by the work programmes under Article 10, which is necessary for attaining the general and specific objectives provided for in Article 2.

 

__________________

 

1a Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).

<TitreJust>Justification</TitreJust>

A more detailed description of the eligible actions should be included in the article.

</Amend>

<Amend>Amendment  <NumAm>26</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 8 – paragraph 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

When the action supported involves the acquisition of equipment, the Commission shall ensure that the funded equipment contributes to the protection of the financial interest of the Union.

<TitreJust>Justification</TitreJust>

In line with the observations by the Court of Auditors in its Special Report 19/2017 ‘Import Procedures: Shortcomings in the Legal Framework and an Ineffective Implementation Impact the Financial Interests of the EU’

</Amend>

<Amend>Amendment  <NumAm>27</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 9 – paragraph 2 – point c</Article>

 

Text proposed by the Commission

Amendment

(c) any legal entity created under Union law or any international organisation.

(c) any legal entity created under Union law or any international organisation, as defined in Article 156 of the Financial Regulation.

<TitreJust>Justification</TitreJust>

Include reference to the Financial Regulation.

</Amend>

<Amend>Amendment  <NumAm>28</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

The work programmes shall be adopted by the Commission by means of delegated acts in accordance with Article 14.

</Amend>

<Amend>Amendment  <NumAm>29</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

The Commission shall explore synergies between the Programme and other relevant programmes in areas such as justice, customs, and home affairs and make sure that overlaps are avoided in the context of the preparation of the work programmes.

</Amend>

<Amend>Amendment  <NumAm>30</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 10 – paragraph 1 c (new)</Article>

 

Text proposed by the Commission

Amendment

 

The work programmes shall be published on the Commission's website and transmitted to the European Parliament, which shall assess their content and outcomes within the framework of the annual evaluation of the protection of the financial interests of the Union.

</Amend>

<Amend>Amendment  <NumAm>31</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 2</Article>

 

Text proposed by the Commission

Amendment

2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 14, to amend Annex II to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 14, to amend Annex II to review or complement the indicators where considered necessary.

<TitreJust>Justification</TitreJust>

The referred framework does not exist for the time being.

</Amend>

<Amend>Amendment  <NumAm>32</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 11 – paragraph 2 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

2 a. The Commission shall submit an annual report on the performance of the programme to the European Parliament and to the Council.

</Amend>

<Amend>Amendment  <NumAm>33</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

1. Evaluations shall be carried out in a timely manner to feed into the decision-making process.

1. Evaluations shall be carried out in a timely manner by an independent evaluator to feed into the decision-making process.

</Amend>

<Amend>Amendment  <NumAm>34</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 3</Article>

 

Text proposed by the Commission

Amendment

3. At the end of the implementation of the Programme, but no later than four years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

3. At the end of the implementation of the Programme, but no later than three years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

<TitreJust>Justification</TitreJust>

Evaluation of the Programme after three years.

</Amend>

<Amend>Amendment  <NumAm>35</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 12 – paragraph 4</Article>

 

Text proposed by the Commission

Amendment

4. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions, and the European Court of Auditors.

4. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions, and the European Court of Auditors, and publish them on the Commission's website.

</Amend>

<Amend>Amendment  <NumAm>36</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 14 – paragraph 5 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

5a. A delegated act adopted pursuant to Articles 10 and 13 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

<TitreJust>Justification</TitreJust>

Standard clause missing in the proposal.

</Amend>

<Amend>Amendment  <NumAm>37</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 15 – paragraph 1</Article>

 

Text proposed by the Commission

Amendment

1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. Acknowledging the origin, and ensuring visibility, of the Union funding shall not be required where there is a risk of compromising the effective performance of anti-fraud and customs operational activities.

1. The recipients of Union funding shall acknowledge the origin and ensure maximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. Acknowledging the origin, and ensuring visibility, of the Union funding shall not be required where there is a risk of compromising the effective performance of anti-fraud and customs operational activities.

</Amend>

<Amend>Amendment  <NumAm>38</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 15 – paragraph 2</Article>

 

Text proposed by the Commission

Amendment

2. The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2.

2. The Commission shall regularly implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2.

</Amend>

<Amend>Amendment  <NumAm>39</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex II – paragraph 1 – subparagraph 2 – point 1.1 – point a (new)</Article>

 

Text proposed by the Commission

Amendment

 

a) Number and type of activities organised and (co-)financed through the programme;

<TitreJust>Justification</TitreJust>

Include quantitative and qualitative indicators.

</Amend>

<Amend>Amendment  <NumAm>40</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex II – paragraph 1 – subparagraph 2 – point 1.2</Article>

 

Text proposed by the Commission

Amendment

1.2 : Percentage of Member States receiving support each year of the programme.

1.2 : List of Member States receiving support each year of the programme and respective share in funding.

</Amend>

<Amend>Amendment  <NumAm>41</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex II – paragraph 1 – subparagraph 4 – point a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(a) Number of reports of irregularities;

<TitreJust>Justification</TitreJust>

Include quantitative indicators.

</Amend>

<Amend>Amendment  <NumAm>42</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex II – paragraph 1 – subparagraph 4 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

User satisfaction rate for the use of the Anti-Fraud Information System.

</Amend>

<Amend>Amendment  <NumAm>43</NumAm><DocAmend>Proposal for a regulation</DocAmend>

<Article>Annex II – paragraph 1 – subparagraph 6 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

Number and type of mutual assistance-related activities;

 

OPINION of the Committee on Budgets (23.11.2018)

<CommissionInt>for the Committee on Budgetary Control</CommissionInt>


<Titre>on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme</Titre>

<DocRef>(COM(2018)0386 – C8‑0236/2018 – 2018/0211(COD))</DocRef>

Rapporteur for opinion: <Depute>Nedzhmi Ali</Depute>

 

 

AMENDMENTS

The Committee on Budgets calls on the Committee on Budgetary Control, as the committee responsible, to take into account the following amendments:

<RepeatBlock-Amend>

<Amend>Amendment  <NumAm>1</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 3 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(3 a) The diversity of legal and administrative systems in the Member States needs to be adequately addressed in order to overcome irregularities and combat fraud. Fluctuation in the number of irregularities can be linked to the progression of the multiannual programming cycles and late reporting. All of this requires establishing a uniform system for the collection of comparable data on irregularities and cases of fraud from the Member States in order to standardise the reporting process and ensure the quality and comparability of the data provided.

<TitreJust>Justification</TitreJust>

European Parliament resolution of 3 May 2018 on the Annual Report 2016 on the protection of the EU’s financial interests – Fight against fraud.  Available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2018-0196&language=EN&ring=A8-2018-0135

</Amend>

<Amend>Amendment  <NumAm>2</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 3 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(3 b) Importance of the prevention activities of the Commission and OLAF is undisputable, as well as the strengthening of implementation of the Early Detection and Exclusion System (EDES), Anti-Fraud Information System (AFIS) and completion of the national anti-fraud strategies. Of these requirements arises the necessity to draw up a framework for the digitalisation of all processes in the implementation of EU policies (calls for proposals, application, evaluation, implementation, payments) to be applied by all Member States.

<TitreJust>Justification</TitreJust>

European Parliament resolution of 3 May 2018 on the Annual Report 2016 on the protection of the EU’s financial interests – Fight against fraud. Available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2018-0196&language=EN&ring=A8-2018-0135

</Amend>

<Amend>Amendment  <NumAm>3</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 6</Article>

 

Text proposed by the Commission

Amendment

(6) Union support in the fields of the protection of the financial interests of the Union, of irregularity reporting, and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme, the EU Anti-Fraud Programme (the ‘Programme’), with a view to increasing synergies and budgetary flexibility, and to simplifying management.

(6) Union support in the fields of the protection of the financial interests of the Union, of irregularity reporting, and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme, the EU Anti-Fraud Programme (the ‘Programme’), with a view to increasing synergies and budgetary flexibility, and to simplifying management. In addition, avoiding duplication and finding synergies between the EU Anti-Fraud Programme and other relevant programmes in areas such as Justice, Customs, and Home Affairs will be explored in the context of the preparation of the Annual Work Programmes.

</Amend>

<Amend>Amendment  <NumAm>4</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 10</Article>

 

Text proposed by the Commission

Amendment

(10) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(10) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Contracts financed in whole or in part by the EU budget under the EU Anti-Fraud programme are thus subject inter alia to the principles of transparency, proportionality, equal treatment and non-discrimination, while grants are in addition subject to the principles of co-financing, non-cumulative award and no double financing, non-retroactivity and no-profit. Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

<TitreJust>Justification</TitreJust>

See Art 160 (1) of the Financial Rules (principles applicable to procurements and concessions) and article 188 of the FR (principles applicable to grants)

</Amend>

<Amend>Amendment  <NumAm>5</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 3</Article>

 

Text proposed by the Commission

Amendment

Article 3

Article 3

Budget

Budget

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 181.207 million in current prices.

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 322 000 000 in 2018 prices (EUR 363 000 000 in current prices).

2. The indicative distribution of the amount referred to in paragraph 1 shall be:

2. The indicative distribution of the amount referred to in paragraph 1 shall be:

(a) EUR 114.207 million for the objective referred to in Article 2(2)(a);

(a) EUR 203 000 000 in 2018 prices (EUR 229 000 000 in current prices) for the objective referred to in Article 2(2)(a);

(b) EUR 7 million for the objective referred to in Article 2(2)(b);

(b) EUR 12 000 000 in 2018 prices (EUR 14 000 000 in current prices) for the objective referred to in Article 2(2)(b);

(c) EUR 60 million for the objective referred to in Article 2(2)(c).

(c) EUR 107 000 000 in 2018 prices (EUR 120 000 000 in current prices) for the objective referred to in Article 2(2)(c).

3. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.

3. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.

</Amend>

</RepeatBlock-Amend>


PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

EU Anti-Fraud Programme

References

COM(2018)0386 – C8-0236/2018 – 2018/0211(COD)

Committee responsible

 Date announced in plenary

CONT

14.6.2018

 

 

 

Opinion by

 Date announced in plenary

BUDG

14.6.2018

Rapporteur

 Date appointed

Nedzhmi Ali

11.7.2018

Discussed in committee

26.9.2018

 

 

 

Date adopted

21.11.2018

 

 

 

Result of final vote

+:

–:

0:

28

2

1

Members present for the final vote

Jean Arthuis, Lefteris Christoforou, Gérard Deprez, Manuel dos Santos, André Elissen, José Manuel Fernandes, Eider Gardiazabal Rubial, Ingeborg Gräßle, Monika Hohlmeier, John Howarth, Bernd Kölmel, Zbigniew Kuźmiuk, Vladimír Maňka, Jan Olbrycht, Răzvan Popa, Petri Sarvamaa, Jordi Solé, Patricija Šulin, Eleftherios Synadinos, Indrek Tarand, Isabelle Thomas, Inese Vaidere, Monika Vana, Daniele Viotti, Tiemo Wölken, Stanisław Żółtek

Substitutes present for the final vote

Karine Gloanec Maurin, Giovanni La Via, Ivana Maletić, Andrey Novakov, Tomáš Zdechovský

 


FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

28

+

ALDE

Jean Arthuis, Gérard Deprez

ECR

Bernd Kölmel, Zbigniew Kuźmiuk

PPE

Lefteris Christoforou, José Manuel Fernandes, Ingeborg Gräßle, Monika Hohlmeier, Giovanni La Via, Ivana Maletić, Andrey Novakov, Jan Olbrycht, Petri Sarvamaa, Patricija Šulin, Inese Vaidere, Tomáš Zdechovský

S&D

Eider Gardiazabal Rubial, Karine Gloanec Maurin, John Howarth, Vladimír Maňka, Răzvan Popa, Manuel dos Santos, Isabelle Thomas, Daniele Viotti, Tiemo Wölken

VERTS/ALE

Jordi Solé, Indrek Tarand, Monika Vana

 

2

-

ENF

André Elissen, Stanisław Żółtek

 

1

0

NI

Eleftherios Synadinos

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title

EU Anti-Fraud Programme

References

COM(2018)0386 – C8-0236/2018 – 2018/0211(COD)

Date submitted to Parliament

30.5.2018

 

 

 

Committee responsible

 Date announced in plenary

CONT

14.6.2018

 

 

 

Committees asked for opinions

 Date announced in plenary

BUDG

14.6.2018

 

 

 

Rapporteurs

 Date appointed

José Ignacio Salafranca Sánchez-Neyra

12.7.2018

 

 

 

Discussed in committee

13.12.2018

 

 

 

Date adopted

29.1.2019

 

 

 

Result of final vote

+:

–:

0:

17

0

2

Members present for the final vote

Nedzhmi Ali, Inés Ayala Sender, Zigmantas Balčytis, Jonathan Bullock, Luke Ming Flanagan, Ingeborg Gräßle, Jean-François Jalkh, Bogusław Liberadzki, Georgi Pirinski, José Ignacio Salafranca Sánchez-Neyra, Claudia Schmidt, Bart Staes, Indrek Tarand, Derek Vaughan, Tomáš Zdechovský

Substitutes present for the final vote

Karin Kadenbach, Andrey Novakov, Miroslav Poche, Patricija Šulin

Date tabled

5.2.2019

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

17

+

ALDE

Nedzhmi Ali

GUE/NGL

Luke Ming Flanagan

PPE

Ingeborg Gräßle, Andrey Novakov, José Ignacio Salafranca Sánchez-Neyra, Claudia Schmidt, Patricija Šulin, Tomáš Zdechovský

S&D

Inés Ayala Sender, Zigmantas Balčytis, Karin Kadenbach, Bogusław Liberadzki, Georgi Pirinski, Miroslav Poche, Derek Vaughan

VERTS/ALE

Bart Staes, Indrek Tarand

 

0

-

 

 

 

2

0

EFDD

Jonathan Bullock

ENF

Jean-François Jalkh

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

[1] Not yet published in the Official Journal.

Last updated: 5 February 2019Legal notice