REPORT on the proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme)
8.1.2007 - (COM(2006)0339 – C6‑0216/2006 – 2006/0114(COD)) - ***I
Committee on Budgetary Control
Rapporteur: Herbert Bösch
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme) (COM(2006)0339 – C6‑0216/2006 – 2006/0114(COD))
(Codecision procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0339)[1],
– having regard to the European Court of Auditors' opinion No 6/2006[2],
– having regard to Article 251(2) and Article 280 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0216/2006),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A6‑0002/2007),
1. Approves the Commission proposal as amended;
2. Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 5 of the new multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management[3];
3. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
4. Instructs its President to forward its position to the Council and the Commission.
| Text proposed by the Commission | Amendments by Parliament |
Amendment 1 RECITAL 1 | |
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(1) The Community and the Member States have set themselves the objective of countering fraud and any other illegal activities affecting the Community's financial interests, including cigarette smuggling and counterfeiting.
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(1) The Community and the Member States have set themselves the objective of countering fraud and any other illegal activities affecting the Community's financial interests, including cigarette smuggling and counterfeiting. All available means must be deployed to attain that objective, whilst maintaining the current distribution and balance of responsibilities between the national and Community levels. |
Amendment 2
RECITAL 7 A (new)
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(7a) This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1, for the budgetary authority during the annual budgetary procedure. ____________________ OJ C 139, 14.6.2006, p. 1.
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Amendment 3 ARTICLE 1, POINT 1 | |
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(1) Article 1 is amended as follows:
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(1) Article 1 shall be amended as follows: |
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(a) The title is replaced by the following:
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(a) The title shall be replaced by the following: |
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"General objectives of the programme"
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"Objectives of the programme" |
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(b) In paragraph 2, the first sentence is replaced by the following: |
(b) Paragraph 2 shall be replaced by the following: |
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“The programme aims to contribute to the protection of the Community’s financial interests by promoting activities according to the general criteria set out in the annex”. |
“2. The programme shall promote activities according to the general criteria set out in the Decision. It shall focus on the following objectives in particular: |
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(a) enhancing transnational and multidisciplinary cooperation between Member States' authorities, the Commission and OLAF; |
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(b) building networks throughout the Member States, acceding countries and candidate countries - in accordance with a memorandum of understanding - facilitating the exchange of information, experience and best practice, while also respecting the distinct traditions of each Member State; |
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(c) providing technical operational support for national law enforcement authorities of the Member States in their fight against illegal cross border activities, emphasising support for customs authorities; |
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(d) without undermining the operational effectiveness, striking a geographical balance by including, if possible, all Member States, acceding countries and candidate countries - in accordance with a memorandum of understanding - in the activities financed under the programme; |
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(e) multiplying and intensifying the measures in the areas identified as the most sensitive, particularly in the field of cigarette smuggling and counterfeiting.” |
Justification | |
In its resolution on Hercule I the European Parliament, in line with the European Court of Auditors' opinion, had called for a clearer definition of measurable objectives in case of a renewal of Hercule after 2006. This is of particular importance in the light of the considerable budget increase. | |
Amendment 4 ARTICLE 1, POINT 2 | |
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(2) The following Article 1a, entitled “Sectoral objectives of the programme”, is inserted: |
(2) The following Article 1a shall be inserted: |
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Sectoral objectives of the programme |
“Activities |
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Within the general objectives, the programme shall promote the following sectoral objectives in the field of the protection of the Community’s financial interests, including in the field of the fight against cigarette smuggling and counterfeiting: |
The programme shall be implemented through the following activities in the field of the protection of the Community’s financial interests, including in the field of the prevention of and the fight against cigarette smuggling and counterfeiting: |
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(a) For the “Technical assistance” sector: development and improvement of investigative methods and technical resources in the fight against fraud, and improvement in the quality of technical and operational support in investigations. |
(a) technical assistance for national authorities through: |
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- providing specific knowledge, equipment and IT tools facilitating transnational cooperation and cooperation with OLAF, - support for joint operations, - enhancing staff exchanges; |
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(b) For the “Training, seminars and conferences” sector, there are two aspects: |
(b) training, seminars and conferences aimed at: |
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1) promotion and improvement of cooperation between the Member States and the Community by fostering better understanding of Community and national mechanisms via the exchange of experiences between the relevant authorities in the Member States, and the dissemination of knowledge, particularly of an operational nature; 2) promotion and improvement of cooperation between practitioners and academics; awareness-raising for the judiciary and other legal professions. |
- fostering better understanding of Community and national mechanisms, - exchanging experience between the relevant authorities in the Member States, acceding countries and candidate countries, - coordinating the activities of Member States, acceding countries, candidate countries and third countries, - disseminating knowledge, particularly of an operational nature, - supporting high-profile research activities, including studies, - improving cooperation between practitioners and academics, - raising the awareness of the judiciary and other legal professions for the protection of the financial interests of the Community; |
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(c) For the “Information support” sector: provision of information and support for activities relating to access to information, data and data sources |
(c) information support through: - developing and providing specific databases and IT tools facilitating data access and analysis, - increasing data exchange, - developing and providing IT tools for investigations, monitoring and intelligence work.” |
Justification | |
It is necessary to set concrete targets as regards the activities to be financed from the programme in order to facilitate implementation and evaluation. | |
Amendment 5 ARTICLE 1, POINT 2 A (new) | |
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(2a) The following Article 1b shall be inserted: “Article 1b Carrying out the activities supported The activities carried out by bodies which may receive Community funding (public procurement contract or grant) under the programme shall come under the heading of actions aimed at strengthening Community measures to protect financial interests and pursue objectives of general European interest in this field or an objective which is part of the European Union's policy in this area. In accordance with Article 2, the following bodies shall have access to the programme: - all national or regional administrations of a Member State or a country outside the Community, as defined in Article 3, which promote the strengthening of Community action to protect the Community's financial interests, - all research and educational institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests, - all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests.” |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 6 ARTICLE 1, POINT 3, POINT (B) | |
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(b) Paragraph 1 is added: |
(b) The following paragraph shall be inserted before paragraph 1: |
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“1. Community funding may take the following legal forms: |
“-1. Community funding may take the following legal forms pursuant to Regulation (EC, Euratom) No 1605/2002: |
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- grants; |
- grants (Title VI); |
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- public procurement contracts.” |
- public procurement contracts (Title V).” |
Justification | |
Clarification ensuring that financial grants and procurement contracts are governed by the provisions of the Financial Regulation. | |
Amendment 7 ARTICLE 1, POINT 3 A (new) | |
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(3a) The following Article 2a shall be inserted: “Article 2a Selection of beneficiaries Bodies entitled to receive a grant for an activity under Article 1c shall be selected on the basis of calls for proposals.” |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 8 ARTICLE 1, POINT 3 B (new) | |
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(3b) The following Article 2b shall be inserted: “Article 2b Characteristics of grant applications on which assessment is based Applications for grants for activities shall be assessed in the light of: - consistency of the proposed activity in relation to the objectives of the programme, - complementarity of the proposed activity with other assisted activities, - feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means, - the cost-benefit ratio, - the added utility of the proposed activity, - size of public targeted by the proposed activity, - transnational and multidisciplinary aspects of the activity, - geographic scope of the proposed measure.” |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 9 ARTICLE 1, POINT 3 C (new) | |
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(3c) The following Article 2c shall be inserted: “Article 2c Eligible expenditure Pursuant to Article 1b, only the expenditure required for the successful implementation of the activity shall be taken into account when calculating the grant. Expenditure in connection with the participation of representatives of the Balkan countries forming part of the stabilisation and accession process for countries of south-eastern Europe1, the Russian Federation, the countries covered by the European Neighbourhood Policy2, and certain countries with which the Community has concluded an agreement for mutual assistance in customs matters, shall also be eligible.
________ 1 The Former Yugoslav Republic of Macedonia, Albania, Serbia and Montenegro, Bosnia-Herzegovina and Croatia. 2 Algeria, Armenia, Azerbaijan, Belarus, Georgia, Israel, Jordan, Lebanon, Libya, Morocco, Moldova, the Palestinian Authority, Syria, Tunisia and Ukraine.” |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 10 ARTICLE 1, POINT 6 A (new) | |
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(6a) The following Article 5a shall be inserted: “Article 5a Checks and audits 1. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission. 2. The Commission may have an audit of the use made of the Community funding carried out either by its own staff or by a qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract or the agreement and for a period of five years following the last payment. Where appropriate, the audit findings may lead to recovery decisions by the Commission. 3. Commission staff and outside personnel authorised by the Commission shall have appropriate right of access to sites and premises where the action is carried out and to all the information, including information in electronic format, needed in order to conduct such audits. 4. The Court of Auditors and OLAF shall enjoy the same rights, especially the right of access, as the persons referred to in paragraph 3. 5. Furthermore, in order to protect the European Community's financial interests against fraud and other irregularities, the Commission shall carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities1. Where necessary, investigations shall be conducted by OLAF and governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)2. ________ 1 OJ L 292, 15.11.1996, p. 2. 2 OJ L 136, 31.5.1999, p. 1.” |
Amendment 11 ARTICLE 1, POINT 7, POINT (A) | |
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The current programme is extended from 1 January 2007 to 31 December 2013. |
The current programme is extended from 1 January 2007 to 31 December 2013 and will end on 31 December 2013. |
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Amendment 12 ARTICLE 1, POINT 8 | |
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(8) Article 7 is amended as follows: |
(8) Article 7 shall be amended as follows:
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“OLAF shall provide annual information on the results of the programme to the European Parliament and to the Council. Information on consistency and complementarity with other programmes and activities at European Union level shall be included. |
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(a) Indent (a) is replaced by the following:
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“by 31 December 2010 at the latest, a report by OLAF on the implementation of the programme and the appropriateness of continuing it;” |
An independent assessment of the implementation of the programme, including an examination of performance and the achievement of the objectives of the programme, shall be carried out by 31 December 2010 at the latest. |
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(b) Indent (b) is replaced by the following:
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“by 31 December 2014 at the latest, a report by OLAF on the achievement of the objectives of the programme. The report, based on the results obtained by the beneficiaries, shall assess, in particular, their effectiveness in achieving the objectives defined in Article 1 and in the Annex.” |
By 31 December 2014 at the latest, OLAF shall present a report to the European Parliament and to the Council on the achievement of the objectives of the programme.” |
Justification | |
Already in its opinion on the Hercule I programme, the European Court of Auditors had recommended that OLAF should report annually on the results of the programme. In addition, the prolongation of the programming period and the budget increase will only be justified if the budgetary authority is enabled to evaluate the achievements at mid-term on the basis of an independent assessment. | |
Amendment 13 ARTICLE 1, POINT 8 A (new) | |
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(8a) The following Article 7a shall be inserted: “Article 7a Management of the programme On the basis of a cost-effectiveness analysis, the Commission may employ experts and make use of any other form of technical and administrative assistance not involving public authority tasks outsourced under ad hoc service contracts. It may also finance studies and organise meetings of experts to facilitate the implementation of the programme, and take information, publication and dissemination measures directly linked to fulfilling the objectives of the programme.” |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 14 ARTICLE 1, POINT 8 B (new) | |
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(8b) The Annex is deleted. |
Justification | |
The provisions of the annex to the decision are being moved to the body of the decision. | |
EXPLANATORY STATEMENT
At the end of June 2006 the Commission submitted the present proposal on the Hercule II programme, together with a report on the implementation of the initial Hercule I programme. Whereas Hercule I was programmed for three years with a financial envelope of EUR11 775 000, the programming period of Hercule II will be 7 years and the financial envelope EUR 98 525 000.
The rapporteur is of the opinion that the activities financed from Hercule I constitute a useful contribution to the prevention, detection and the fight against activities damaging the Community's financial interests. The support for Member States' authorities as regards specific IT tools for the exchange of information and networking among each other has to be highlighted in particular. The same is true for the valuable groundwork of bringing together experts from all Member States in order to build mutual trust and constant working relationships. The Hercule programme also enabled OLAF to respond to the specific needs of Member States at the external borders as well as Candidate Countries. Thus, the programme deserves to be consolidated and extended during the new financial perspectives period. As a consequence, the rapporteur considers the important budget increase of Hercule II compared to Hercule II as a positive development in principle.
There are two reasons for the budget increase:
Firstly, in its opinion on Hercule I, the European Court of Auditors had already recommended that Hercule be funded from a single budget article. Therefore, the rapporteur welcomes the planned merger of different budget lines into a single article 24 02 01, covering the financing of all general anti-fraud activities and entitled "Hercule II". The merger is concerning:
· the current item 24 02 04 01 (Grant programme for anti-fraud measures)
· the current item 24 02 04 02 (Conferences, congresses and meetings in connection with the activities of the associations of the European lawyers for the protection of the financial interests of the Community)
· the current article 24 02 01 (General measures to combat fraud)
At present, Hercule I covers only grants and is financed from the current items 24 02 04 01 and 24 02 04 02. The current article 24 02 01 covers procurements only. Following the merger
Hercule II will cover grants and procurements.
Secondly, Hercule II will receive supplementary funds of EUR 6-7 million per year, derived from the Anti-Contraband and Anti-Counterfeit Agreement between the Commission and several Member States with Philip Morris International (PMI). The rapporteur is pleased that the prevention and fight against cigarette smuggling and counterfeiting will become one of the cornerstones of the Hercule II programme.
He welcomes the plan agreed for the distribution of the payments of PMI (around EUR 800 000 000) among the 10 Member States and the European Commission as foreseen within the Anti-Contraband and Anti-Counterfeit Agreement. He strongly supports the intention to use the Community share (9,7 %) to fight cigarette smuggling and counterfeiting. Furthermore, he calls on the Member States to make use of the money within the same subject field. He welcomes the fact that 24 Member States have signed the agreement and would like to invite also the UK to support this important measure.
Before the funds can be spent under Hercule II, some important adjustments of the legal basis have to be ensured. Parliament, in its resolution on Hercule I, as well as the European Court of Auditors in its respective opinion, had called for a clarification of the programme's objectives in case of a continuation after 2006. The rapporteur deplores that the Commission proposal does not set out clear, technically well-defined objectives. In view of the budget increase and the prolongation of the programming period, the amendments aim at setting measurable targets for the implementation. Furthermore, the rapporteur proposes that OLAF reports annually on the results achieved. He also considers an independent mid-term review to be a prerequisite for the prolongation of the programming period.
In the rapporteur's view, the committee should closely monitor if the implementation of Hercule II follows the precise objectives to be introduced in the legal basis. In addition, he would like to point out that, within the annual budgetary procedure, the principles of specification and transparency in the financial regulation have to be respected in order to ensure a transparent way of spending.
Following negotiations with the Council a compromise was reached with a view to a first reading agreement. On 20 December 2006 the Chairman of the Budgetary Control Committee received a letter from the Chairman of the Permanent Representatives' Committee (Coreper II). In this letter Coreper II confirmed that, if Parliament amended the Commission proposal in line with the compromise, the Council would adopt the proposed decision in the form of the text thus amended. The Committee on Budgetary Control adopted the compromise unanimously. Thus, it will be possible to reach a first reading agreement if plenary now adopts the report without amendments.
OPINION of the Committee on Budgets (22.11.2006)
for the Committee on Budgetary Control
on the proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme)
(COM(2006)0339 – C6‑0216/06 – 2006/0114(COD))
Draftsman: Janusz Lewandowski
SHORT JUSTIFICATION
I. General remarks
The objective of this proposal is to constitute a basic act in accordance with Article 49 of the Financial Regulation (EC, Euratom) No 1605/2002 of 25 June 2002.
There is no doubt that Community action within the "Hercule I" programme was a success and that it should be continued. Therefore the proposed decision is urgently needed and the lead committee is trying to aim for an agreement in first reading which could allow entry into force of the decision in time for 1 January 2007. But it is not clear to your draftsman why the Commission opted for the technique of an amending act extending the "Hercule I -programme" instead of repealing Decision No 804/2004/EC and adopting a new programme for the period of the new Multi-annual Financial Framework (MFF). Unlike what has been proposed by the Commission for other follow-up programmes covering the period 2007-2013 of the new MFF, the Commission does not propose to adopt a new legal act which replaces and repeals the earlier act.
This seems to be an unfortunate infringement of Point 35 of the Interinstitutional Agreement on better law-making[1], which provides that legislation should be updated inter alia through the repeal of acts which are no longer applied.
The European Parliament is called upon, together with the other co-legislators, to improve the quality of law-making, therefore this issue has to be raised in this context, even if it is not the main area of competence of the Committee on Budgets.
Furthermore, the annex to Decision No 804/2004/EC contains provisions which are not just minor technical ones but concern the core of the programme. This is contrary to the good law-making efforts to which the three institutions are committed; it contradicts provisions of joint guidelines of the three institutions, which provide that annexes to legal acts shall be used as a means of presenting provisions or parts of provisions separately from the body of the enacting terms, in particular because of their technical nature[2].
A set of amendments is therefore proposed by your draftsman in order to transfer the most important provisions from the annex to the body of the decision.
II. Financial provisions
The total reference amount proposed for the seven years of the duration of the programme (Budget line 24 02 01 under Title "Fight against Fraud) is EUR 98 525 000. This means an increase compared to the previous "Hercule I "programme which covered a three-year period from 2004 until 2006, with a financial envelope of EUR 11 800 000 in total. A standard amendment has been agreed by the Committee on Budgets to be introduced in the new programmes in order to ensure compliance with the ceilings of the MFF 2007 - 2013 and which your draftsman proposes to you (Amendment 1).
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Expenditure type
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2007 |
2008 |
2009 |
2010 |
2011 |
2012 and later |
Total in million EUR |
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Operational expenditure |
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Commitment Appropriations ) |
13.725 |
13.8 |
14 |
14.1 |
14.2 |
28.7 |
98.525 |
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Payment Appropriations |
11 |
11 |
11.5 |
11.5 |
11.6 |
41.925 |
98.525 |
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Looking at the figures of implementation of the predecessor programme "Hercule I" in the financial years 2004, 2005 and 2006, one can confirm the success of the Community action:
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EUR million |
31/12/2004 in per cent |
31/12/2005 in per cent |
as of 08/10/2006 |
amount implemented as of 8/10/2006 |
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Commitment Appropriations |
11,8 |
99 % |
99 % |
52 % |
7,0 |
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Payment Appropriations |
11,8 |
45 % |
45 % |
59 % |
7,9 |
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III. Remarks on the content of the proposal
The amendments proposed to Decision No 804/2004/EC concern:
- the addition of sectoral objectives, such as the fight against cigarette smuggling and counterfeiting;
- the removal of operating grants from the programme text (which does not mean that bodies do not continue to be eligible under Article 108(1) of the Financial Regulation);
- the eligible countries, especially changes necessary in view of the next enlargements of the European Union and inclusion of Algeria, Armenia, Azerbaijan, Georgia, Israel, Jordan, Lebanon, Libya, Morocco, the Palestinian Authority, Syria and Tunisia;
- in various points, harmonisation of the programme text with the requirements of the Financial Regulation.
From the point of view of your draftsman, all these changes can be welcomed.
IV. Conclusion
The reservations of your draftsman are of a more formal nature and concern the poor drafting of the Commission's proposal, which does not respect the inter-institutional agreements on quality of law-making. They do not justify a rejection of the proposal, as the content of the proposal can be fully supported. But several amendments must be proposed on this subject in order to improve the quality of the legislation.
AMENDMENTS
The Committee on Budgets calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following amendments in its report:
Draft legislative resolution
Amendment 1 Paragraph 1 a (new) | |
1a. Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 5 of the new multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006; |
Proposal for a decision
| Text proposed by the Commission[3] | Amendments by Parliament |
Amendment 2 ARTICLE 1, POINT 1 (B A) (new) Article 1, paragraph 2 (Decision No 804/2004/EC) | |
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(ba) At the end of paragraph 2, the following sentence is added: "It shall promote transparency and public access to the use and distribution of Community funds, e.g. via the Internet, to enable, facilitate, and encourage public scrutiny." |
Justification | |
Any programme aimed at protecting the financial interests of the Community should promote transparency and engage citizens by giving them clear and relevant information on the way in which Community funds are spent. Greater public scrutiny could, in the long run, reduce the cost of such programmes and promote active citizenship and greater involvement in EU processes. | |
Amendment 3 ARTICLE 1, POINT 2 A (new) | |
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(2a) The following Article 1b is inserted: "Article 1b Activities supported The general objective laid down in Article 1, and the sectoral objectives laid down in Article 1a, shall be to reinforce Community action to prevent fraud affecting the Community's financial interests and to combat such fraud, including the fight against cigarette smuggling and counterfeiting, by promoting the actions in this field of the bodies engaged in it. Activities of bodies which may help to reinforce and increase the effectiveness of Community action, in accordance with Article 2, shall include the following: (a) organisation of seminars and conferences; (b) promotion of scientific studies and discussions in the field of the protection of the Community's financial interests; (c) coordination of activities relating to the protection of the Community's financial interests (meetings); (d) training and awareness, including in connection with joint surveillance operations; (e) promoting exchanges of specialised staff; (f) development and supply of specific IT tools; data-processing; (g) technical assistance, including the purchase of equipment; (h) promoting and expanding the exchange of data; (i) provision of information and support for activities relating to access to information, data and data sources; (j) purchase of specialised technical hardware and technical support for the monitoring of illegal activities in the field of the fight against fraud." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 4 4 ARTICLE 1, POINT 2 B (new) | |
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(2b) The following Article 1c is inserted: "Article 1c Carrying out the activities supported The activities carried out by bodies which may receive Community funding (public procurement contract or grant) under the programme shall come under the heading of actions aimed at strengthening Community measures to protect financial interests and pursue objectives of general European interest in this field or an objective which is part of the European Union's policy in this area. In accordance with Article 2, the following bodies shall have access to the programme: - all national or regional administrations of a Member State or a country outside the Community, as defined in Article 3, which promote the strengthening of Community action to protect the Community's financial interests, - all research and education institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests, - all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 5 5 ARTICLE 1, POINT 3 (B) | |
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(a) (b) Paragraph 1 is added: |
(b) (b) The following paragraph is inserted before paragraph 1: |
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(c) “1. Community funding may take the following legal forms: |
(d) “-1. Community funding may take the following legal forms pursuant to Regulation (EC, Euratom) No 1605/2002: |
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- grants; |
(e) - grants (Title V); |
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- public procurement contracts.” |
(f) - public procurement contracts (Title VI).” |
Justification | |
Clarification ensuring that financial grants and procurement contracts are governed by the provisions of the Financial Regulation. | |
Amendment 6 ARTICLE 1, POINT 3 A (new) | |
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(3a) The following Article 2a is inserted: "Article 2a Selection of beneficiaries Bodies entitled to receive a grant for an activity under Article 1c shall be selected on the basis of calls for proposals." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 7 ARTICLE 1, POINT 3 B (new) | |
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(3b) The following Article 2b is inserted: "Article 2b Characteristics of grant applications on which assessment is based Applications for grants for activities shall be assessed in the light of: - consistency of the proposed activity in relation to the objectives of the programme, - complementarity of the proposed activity with other assisted activities, - feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means, - the cost-benefit ratio, - the added utility of the proposed activity, - size of public targeted by the proposed activity, - transnational and multidisciplinary aspects of the activity, - geographic scope of the proposed measure." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 8 ARTICLE 1, POINT 3 C (new) | |
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(3c) The following Article 2c is inserted: "Article 2c Eligible expenditure Pursuant to Article 1c, only the expenditure required for the successful implementation of the activity shall be taken into account when calculating the grant. Expenditure in connection with the participation of representatives of the Balkan countries forming part of the stabilisation and accession process for countries of south eastern Europe1, the Russian Federation, the countries covered by the European Neighbourhood Policy2, and certain countries with which the Community has concluded an agreement for mutual assistance in customs matters, shall also be eligible.
________ 1 The Former Yugoslav Republic of Macedonia, Albania, Serbia and Montenegro, Bosnia-Herzegovina and Croatia. 2 Algeria, Armenia, Azerbaijan, Belarus, Georgia, Israel, Jordan, Lebanon, Libia, Morocco, Moldova, the Palestinian Authority, Syria, Tunisia, Ukraine." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 9 ARTICLE 1, POINT 6 A (new) | |
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(6a) The following Article 5a is inserted: "Article 5a Checks and audits 1. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission. 2. The Commission may have an audit of the use made of the Community funding carried out either by its own staff or by another qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract or the agreement and for a period of five years following the last payment. Where appropriate, the audit findings may lead to recovery decisions by the Commission. 3. Commission staff and outside personnel authorised by the Commission shall have appropriate right of access to sites and premises where the action is carried out and to all the information, including information in electronic format, needed in order to conduct such audits. 4. The Court of Auditors and OLAF shall enjoy the same rights, especially of access, as the persons referred to in paragraph 3. 5. Furthermore, in order to protect the European Community's financial interests against fraud and other irregularities, the Commission shall carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 19961. Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 19992. ________ 1 OJ L 292, 15.11.1996, p. 2. 2 OJ L 136, 31.5.1999, p. 1." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 10 ARTICLE 1, POINT 8 A (new) | |
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(8a) The following Article 7a is inserted: "Article 7a Management of the programme On the basis of a cost-effectiveness analysis, the Commission may employ experts and make use of any other form of technical and administrative assistance not involving public authority tasks outsourced under ad hoc service contracts. It may also finance studies and organise meetings of experts to facilitate the implementation of the programme, and take information, publication and dissemination measures directly linked to fulfilling the objectives of the programme." |
Justification | |
The activities supported by the programme are of major importance and cannot be treated within the annex of the core act. | |
Amendment 11 ARTICLE 1, POINT 8 B (new) | |
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(8b) The Annex is deleted. |
Justification | |
The provisions of the annex to the decision are being moved to the body of the decision. | |
Amendment 12 ARTICLE 1, POINTS 9 TO 14 | |
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Points 9 to 14 are deleted. |
Justification | |
Logical consequence of amendment 10. | |
- [1] Interinstitutional Agreement on better Lawmaking of 16 December 2003, OJ C 321, 31.12.2003, p. 1, see also Interinstitutional agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, OJ C 77, 28.3.2002, p.1
- [2] Joint Practical Guide of the European Parliament, the Council and the Commission for persons involved in the drafting of legislation within the Community institutions: http://intracomm.cec.eu-admin.net/sj/jurrev/gpc/en.pdf ; Examples for provisions to be put in the annex might be: rules to be applied by civil servants (such as analysis techniques, sampling methods, and forms to be used), lists of products, tables of figures, plans and drawings etc.
- [3] OJ L 143, 30.04.04, p. 9.
PROCEDURE
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Title |
Proposal for a European Parliament and Council decision on amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme) |
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References |
COM(2006)0339 – C6-0216/2006 – 2006/0114(COD) |
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Committee responsible |
CONT |
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Opinion by |
BUDG |
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Enhanced cooperation – date announced in plenary |
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Drafts(wo)man |
Janusz Lewandowski |
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Previous drafts(wo)man |
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Discussed in committee |
6.11.2006 |
22.11.2006 |
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Date adopted |
22.11.2006 |
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Result of final vote |
+: –: 0: |
25 0 0 |
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Members present for the final vote |
Reimer Böge, Herbert Bösch, Simon Busuttil, Paulo Casaca, Gérard Deprez, Bárbara Dührkop Dührkop, Szabolcs Fazakas, Markus Ferber, Salvador Garriga Polledo, Neena Gill, Ingeborg Gräßle, Louis Grech, Nathalie Griesbeck, Catherine Guy-Quint, Ville Itälä, Anne E. Jensen, Janusz Lewandowski, Vladimír Maňka, Jan Mulder, Giovanni Pittella, Antonis Samaras, László Surján, Yannick Vaugrenard, Kyösti Virrankoski, Ralf Walter |
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Substitute(s) present for the final vote |
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Substitute(s) under Rule 178(2) present for the final vote |
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Comments (available in one language only) |
... |
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PROCEDURE
|
Title |
Proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme) |
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References |
COM(2006)0339 – C6-0216/2006 – 2006/0114(COD) |
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Date submitted to Parliament |
28.6.2006 |
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Committee responsible |
CONT |
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Committee(s) asked for opinion(s) |
BUDG |
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Not delivering opinion(s) |
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Enhanced cooperation |
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Rapporteur(s) |
Herbert Bösch |
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Previous rapporteur(s) |
Herbert Bösch |
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Simplified procedure – date of decision |
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Legal basis disputed |
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Financial endowment amended |
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Discussed in committee |
23.10.2006 |
28.11.2006 |
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Date adopted |
20.12.2006 |
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Result of final vote |
+ – 0 |
16 0 0 |
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Members present for the final vote |
Inés Ayala Sender, Herbert Bösch, Simon Busuttil, Paul van Buitenen, Paulo Casaca, Antonio De Blasio, Petr Duchoň, Szabolcs Fazakas, Dan Jørgensen, Jan Mulder, José Javier Pomés Ruiz, Alexander Stubb, Kyösti Virrankoski |
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Substitute(s) present for the final vote |
Valdis Dombrovskis, Joel Hasse Ferreira, Paul Rübig |
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Substitute(s) under Rule 178(2) |
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Date tabled |
8.1.2007 |
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Comments |
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