IZVJEŠĆE o prijedlogu Uredbe Europskog parlamenta i Vijeća o programu „Hercule III.” za poticanje mjera u području zaštite financijskih interesa Europske unije

23.11.2013 - (COM(2011)0914 – C7‑0513/2011 – 2011/0454(COD)) - ***I

Odbor za proračunski nadzor
Izvjestiteljica: Monica Luisa Macovei

NACRT ZAKONODAVNE REZOLUCIJE EUROPSKOG PARLAMENTA

o prijedlogu Uredbe Europskog parlamenta i Vijeća o programu „Hercule III.” za poticanje mjera u području zaštite financijskih interesa Europske unije

(COM(2011)0914 – C7‑0513/2011 – 2011/0454(COD))

(Redovni zakonodavni postupak: prvo čitanje)

Europski parlament,

–   uzimajući u obzir prijedlog Komisije upućen Europskom parlamentu i Vijeću (COM(20111)0914),

–   uzimajući u obzir članak 294. stavak 2. i članak 325. Ugovora o funkcioniranju Europske unije, u skladu s kojima je Komisija podnijela prijedlog Parlamentu (C7‑0513/2011),

–   uzimajući u obzir članak 294. stavak 3. Ugovora o funkcioniranju Europske unije,

–   uzimajući u obzir mišljenje Revizorskog suda od 15. svibnja 2012.[1],

–   uzimajući u obzir članak 55. Poslovnika,

–   uzimajući u obzir izvješće Odbora za proračunski nadzor i mišljenje Odbora za proračune (A7‑0385/2012),

1.  usvaja sljedeće stajalište u prvom čitanju;

2.  ističe da financijska omotnica navedena u prijedlogu zakona sadrži samo uputu zakonodavnom tijelu te se ne može precizno utvrditi prije postizanja sporazuma o prijedlogu uredbe kojom se određuje višegodišnji financijski okvir za razdoblje 2014. – 2020.;

3.  podsjeća na svoju rezoluciju od 8. lipnja 2011. naslovljenu „Ulaganje u budućnost: novi višegodišnji financijski okvir za konkurentnu, održivu i uključivu Europu[2]”; ponavlja da su potrebna dovoljna dodatna sredstva u sljedećem višegodišnjem financijskom okviru kako bi Unija mogla ostvariti svoje postojeće političke prioritete i nove zadaće predviđene Ugovorom iz Lisabona, a isto tako i reagirati na nepredviđene događaje; ističe da je čak i uz povećanje iznosa sredstava za sljedeći višegodišnji financijski okvir od najmanje 5 % u usporedbi s 2013. godinom moguće ostvariti tek ograničeni doprinos ostvarenju usuglašenih ciljeva i obveza Unije i načelu solidarnosti Unije; traži od Vijeća da, ako se ne slaže s tim pristupom, jasno odredi od kojih njezinih političkih prioriteta ili projekata bi se moglo u potpunosti odustati, unatoč njihovoj dokazanoj europskoj dodanoj vrijednosti;

4.  zahtijeva od Komisije da predmet ponovno uputi Parlamentu ako namjerava bitno izmijeniti svoj prijedlog ili ga zamijeniti drugim tekstom;

5.  nalaže svojem predsjedniku da stajalište Parlamenta proslijedi Vijeću, Komisiji i nacionalnim parlamentima.

Amendment  1 Proposal for a regulation Recital 1
Text proposed by the Commission	Amendment
(1) The Union and the Member States have set themselves the objective of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union, including cigarette smuggling and counterfeiting. Together with the Commission, the Member States should, in particular, organise close and regular cooperation between the competent authorities.	(1) The Union and the Member States have set themselves the objective of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union, including cigarette smuggling and counterfeiting. In order to improve the long-term impact of spending and to avoid duplication, close and regular cooperation and coordination should be ensured within the Commission's services, between Member States' competent authorities and between the Commission's services and the competent authorities.
Amendment  2 Proposal for a regulation Recital 2
Text proposed by the Commission	Amendment
(2) Activities with the aim of providing better information, specialised training or technical and scientific assistance help significantly to protect the financial interests of the Union and at the same time to attain an equivalent level of protection across the Union.	(2) Activities with the aim of providing better information, specialised training or technical and scientific assistance help significantly to protect the financial interests of the Union and at the same time to attain an equivalent level of protection across the Union. The allocation of resources to the several points of entry to the Union should be risk-based and allocation mechanisms should be able to quickly adjust to changing circumstances.
Amendment  3 Proposal for a regulation Recital 3
Text proposed by the Commission	Amendment
(3) Past support for such initiatives has made it possible to enhance the activities undertaken by the Union and the Member States in terms of fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union. The objectives of the Hercule programme for both the period 2004-2006 and the period 2007-2013 were successfully achieved.	(3) Past support for such initiatives has made it possible to enhance the activities undertaken by the Union and the Member States in terms of fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union.
Amendment  4 Proposal for a regulation Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3 a) The Commission conducted a review of the achievements of the Hercule II programme which reports on its inputs and outputs. The Commission should ensure that by the end of 2014 the full impact of the Hercule II programme and the achievement of its objectives are identified in an external independent report, the results of which should be used to modify and improve the execution of the Hercule III programme (the Programme).
Amendment  5 Proposal for a regulation Recital 5
Text proposed by the Commission	Amendment
(5) To continue and even develop the activities at Union and Member State level to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting, also taking into account the new challenges in a context of budgetary austerity, a new programme should be adopted.	(5) To continue and even develop the activities at Union and Member State level to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting, also taking into account the new challenges in a context of budgetary austerity, a new programme with improved performance indicators and based on the results of an analysis of the existing programme should be adopted. Sufficient flexibility should be provided as regards the level of co-financing in cases of vulnerable and high-risk Member States.
Amendment  6 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(9) The Commission should present to the European Parliament and to the Council an independent interim report on the implementation of this Programme, as well as a final report on the achievement of the objectives of this programme.	(9) The Commission should present to the European Parliament and to the Council an independent interim report on the implementation of the Programme, as well as a final report on the achievement of its objectives. Furthermore, the Commission should provide, on a yearly basis, the European Parliament and the Council with information on the annual implementation of the Programme, including results of the funded actions and information on the consistency and the complementarity with other programmes and activities at Union level.
Justification
In order to improve transparency the Commission should provide the European Parliament with sufficient information on the annual implementation.
Amendment  7 Proposal for a regulation Recital 10
Text proposed by the Commission	Amendment
(10) This Regulation complies with the principles of subsidiarity and proportionality. The Hercule III programme facilitates cooperation between the Member States and between the Commission and the Member States in order to protect the financial interests of the Union, without however impinging on Member States‘ responsibilities, and using resources more efficiently than could be done at national level. Action at EU level is necessary and justified as it clearly assists Member States collectively to protect the EU and national budgets and encourages the use of common EU structures to increase cooperation and information exchange between competent authorities.	(10) This Regulation complies with the principles of subsidiarity and proportionality. The Programme facilitates cooperation between the Member States and between the Commission and the Member States in order to protect the financial interests of the Union, using resources more efficiently than could be done at national level. Action at EU level is necessary and justified as it clearly assists Member States collectively to protect the EU and national budgets and encourages the use of common EU structures to increase cooperation and information exchange between competent authorities. The Programme should not, however, impinge on Member States' responsibilities.
Amendment  8 Proposal for a regulation Recital 10a (new)
Text proposed by the Commission	Amendment
	(10a) The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and financial penalties in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union1;
	_____________
	1 OJ L 298, 26.10.2012, p. 1.
Justification
A special standard clause should be included in the legislative act.
Amendment  9 Proposal for a regulation Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11 a) In order to provide for a detailed but flexible framework for implementation, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the operational objectives and general allocation of funds, the adoption of key performance indicators and the eligible actions, the establishment of criteria defining vulnerable and high-risk Member States for co-financing, and the updating or revision of the multiannual plans established pursuant to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment  10 Proposal for a regulation Recital 12
Text proposed by the Commission	Amendment
(12) The Commission should adopt the annual work programmes setting out the priorities, the budget breakdown and the evaluation criteria for the grants for actions. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission.	(12) The Commission should adopt the annual work programmes setting out details of the implementation of the multiannual work plan and indicative timetables for the call of proposals for the period covered by the multiannual work plan. The annual work programmes should also 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 as well as an annual evaluation of which Member States can be considered vulnerable and high risk. Specific key performance indicators should be developed by the Commission explaining, inter alia, the relationship between the annual recoveries of smuggled or counterfeit products and the assistance offered under the Programme. These indicators should include target levels and baselines in order to assess the achieved results. Training activities should be organised respecting the SMART technology, so that their effects can be measured more precisely.
Justification
Measurable indicators should be developed by the Commission in order to measure the results.
Amendment  11 Proposal for a regulation Article 2 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) an increased transnational cooperation at the Union level and in particular to the effectiveness of the cross-border operations;	(b) an increased transnational cooperation and coordination at the Union level and in particular to the effectiveness and efficiency of the cross-border operations;
Amendment  12 Proposal for a regulation Article 2 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) an increased transparency in the use of the funds relating to the protection of the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting;
Amendment  13 Proposal for a regulation Article 2 – paragraph 1 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) an increased cooperation and coordination within the Commission's services, between the Commission and the Member States and between the different Member States.
Amendment  14 Proposal for a regulation Article 3
Text proposed by the Commission	Amendment
The general objective of the Programme shall be to protect the financial interest of the Union thus enhancing the competitiveness of the European economy and ensuring the protection of the taxpayers' money.	The general objective of the Programme shall be to protect the financial interest of the Union thus enhancing the competitiveness of the European economy and the cooperation between the Member States and the Commission, and ensuring the protection of the taxpayers' money.
Justification
The cooperation between Member States and the Commission should be increased.
Amendment  15 Proposal for a regulation Article 4 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	Key performance indicators, including target levels and baselines, shall be developed by the Commission in order to assess the effectiveness of the Programme, and in particular its specific objective.
Justification
Measurable indicators should be developed by the Commission in order to measure the results.
Amendment  16 Proposal for a regulation Article 4 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	The Commission shall be empowered to adopt delegated acts in accordance with Article 12a concerning the establishment of specific key performance indicators.
Justification
The Commission shall establish key performance indicators through delegated acts.
Amendment  17 Proposal for a regulation Article 4 – paragraph 2
Text proposed by the Commission	Amendment
This objective shall be measured, inter alia, through the amount of recoveries following fraud cases detected by joint actions and cross border operations, the increased percentage of successful joint operations, and the increased number of cases accepted by the criminal investigative authorities.	The specific objective shall be measured taking into account the key performance indicators, inter alia, through the amount of seizures, confiscations and recoveries following fraud cases detected by joint actions and cross border operations, the added value and effective use of technical equipment financed under this Regulation, the increased exchange of information on the results achieved with the technical material, the increased amount of specialised training and the number and type of training activities, as well as their direct and indirect effects on the detection, seizure, confiscation and recovery of smuggled and counterfeit products.
Justification
Measurable indicators should be developed by the Commission in order to measure the results.
Amendment  18 Proposal for a regulation Article 4 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	The Commission shall be empowered to adopt delegated acts in accordance with Article 12a concerning the modification of the operational objectives of the Programme, as set out in Article 4a.
Amendment  19 Proposal for a regulation Article 4 – paragraph 2 b (new)
Text proposed by the Commission	Amendment
	The Commission shall be empowered to adopt delegated acts, in accordance with Article 12a concerning the general allocation of funds to the operational objectives of the Programme, as set out in Article 4a, and the definition of the operational objectives for the use of unallocated funds, in accordance with Regulation (EU, Euratom) No 966/2012 .
Justification
The general allocation of funds on the operational objectives are now fixed under codecision. The amendment provides flexibility for changing with delegated acts.
Amendment  20 Proposal for a regulation Article 4 a (new)
Text proposed by the Commission	Amendment
	Article 4a
	Operational objectives of the Programme
	The operational objectives of the Programme shall be the following:
	(a) to improve the prevention and investigation of fraud and other illegal activities beyond its currently reached levels by enhancing transnational and multidisciplinary cooperation;
	(b) to increase the protection of the financial interests of the Union against fraud by facilitating the exchange of information, experiences and best practices, including staff exchanges;
	(c) to strengthen the fight against fraud and other illegal activities by providing technical and operational support to national investigations, and in particular to customs and law enforcement authorities;
	(d) to limit the exposure of the financial interests of the Union to fraud, corruption and other illegal activities, as compared to the level of exposure known today, with a view to reducing the development of an illegal economy in key risk areas such as organised fraud, smuggling and counterfeiting, particularly of cigarettes;
	(e) to enhance the degree of development of the specific legal and judicial protection of the financial interests against fraud by promoting comparative law analysis.
Justification
This text is better placed in the articles than in an annex.
Amendment  21 Proposal for a regulation Article 6 – paragraph 3
Text proposed by the Commission	Amendment
3. Representatives of countries forming part of the stabilisation and association process for countries of South-Eastern Europe, the Russian Federation, and certain countries with which the Union has concluded an agreement for mutual assistance in fraud related matters, and representatives of international and other relevant organisations, may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 3 and 4. These representatives shall be chosen on the basis of their skills, experience and knowledge relevant to the specific activities.	3. Representatives of countries forming part of the stabilisation and association process for countries of South-Eastern Europe, the Russian Federation, and certain countries and representatives of international public organisations with which the Union has concluded an agreement for mutual assistance in fraud related matters, may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 3 and 4. Those representatives shall participate in the Programme in accordance with the relevant provisions of Regulation (EU, Euratom) No 966/2012.
Justification
The participation should be in accordance with the relevant provisions of the Financial Regulation.
Amendment  22 Proposal for a regulation Article 7 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
The Programme shall provide, under the same conditions set out in the annual work programme referred to in Article 10, financial support for the following actions:	The Programme shall provide, under the same conditions set out in the annual work programme referred to in Article 10, appropriate financial support for the following actions:
Amendment  23 Proposal for a regulation Article 7 – paragraph 1 – point a – indent 7
Text proposed by the Commission	Amendment
– increasing data exchange, developing and providing IT tools for investigations, and monitoring intelligence work.	– increasing data exchange, including between the Member States and the Commission, developing and providing IT tools for investigations, and monitoring intelligence work;
Amendment  24 Proposal for a regulation Article 7 – paragraph 1 – point a – indent 7 a (new)
Text proposed by the Commission	Amendment
	– providing finance for the maintenance costs of technical equipment purchased under the Programme;
Justification
The maintenance of some types of technical equipment such as scanners could be very costly and therefore there should be a provision under the eligible actions.
Amendment  25 Proposal for a regulation Article 7 – paragraph 1 – point b – introductory part
Text proposed by the Commission	Amendment
(b) Organisation of specialised training, and risk analysis training workshops, as well as conferences, aimed at:	(b) Organisation of targeted specialised training, and risk analysis training workshops, as well as, where appropriate, conferences, aimed at:
Amendment  26 Proposal for a regulation Article 7 – paragraph 1 – point b – indent 2
Text proposed by the Commission	Amendment
– exchanging experience between the relevant authorities in the Member States, and third countries as referred to in Article 6(2) as well as representatives of international organisations as mentioned in Article 6 (3), including specialised law enforcement services;	– exchanging experience and best practices between the relevant authorities in the Member States, and third countries as referred to in Article 6(2), including specialised law enforcement services, as well as representatives of international public organisations as mentioned in Article 6(3);
Amendment  27 Proposal for a regulation Article 7 – paragraph 1 – point b – indent 5
Text proposed by the Commission	Amendment
– developing high-profile research activities, including studies;	– developing high-profile research activities, including comparative law studies;
Amendment  28 Proposal for a regulation Article 7 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	In accordance with Article 3, the equipment co-financed by the Programme shall be used exclusively for the protection of the financial interests of the Union;
Amendment  29 Proposal for a regulation Article 7 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	The Commission shall ensure that any potential overlaps between different systems and databases co-financed by the Programme are avoided;
Amendment  30 Proposal for a regulation Article 7 – paragraph 1 c (new)
Text proposed by the Commission	Amendment
	The Commission shall be empowered to adopt delegated acts in accordance with Article 12a concerning amendments to this Article in order to take account of specific key performance indicators and developments not foreseen at the time of adoption of this Regulation.
Justification
The amendment ensures that the eligible actions are decided under co-decision procedure and if further modifications are needed, those will be made under delegated acts. The amendment increases flexibility.
Amendment  31 Proposal for a regulation Article 8
Text proposed by the Commission	Amendment
The financial envelope for the implementation of the programme for the period 2014 to 2020 shall be EUR 110 000 000, in current prices.	Within the meaning of point [17] of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of xxx/yyy on cooperation in budgetary matters and on sound financial management, the financial reference amount for the budgetary authority during the annual budgetary procedure in terms of the indicative financial envelope for the implementation of the programme for the period 2014 to 2020 shall be EUR 110 000 000, in current prices. The annual appropriations shall be authorised by the budgetary authority.
Justification
Emphasising the role of the budgetary authority.
Amendment  32 Proposal for a regulation Article 9 – paragraph 2 – point a
Text proposed by the Commission	Amendment
a) grants;	(a) grants, including those relating to the maintenance of technical material purchased under the Programme;
Amendment  33 Proposal for a regulation Article 9 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. At the request of the Commission, beneficiaries of the Programme shall transmit detailed data about their activities funded under the Programme in order to increase transparency and accountability as well as to assess the effectiveness and efficiency of the Programme, in accordance with Article 11.
Amendment  34 Proposal for a regulation Article 9 - paragraph 4
Text proposed by the Commission	Amendment
4. 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 annual work programme referred to in article 10, the co-financing rate shall not exceed 90 % of the eligible costs.	4. The co-financing rate for grants awarded under the programme shall not be less than 50% and shall not exceed 80 % of the eligible costs. In exceptional and duly justified cases and in cases of vulnerable and high-risk Member States, defined in the annual work programme referred to in article 10, the co-financing rate shall not exceed 90 % of the eligible costs. The co-financing rate for grants awarded under the Programme shall not exceed 30% of the eligible costs in respect of the funding of the maintenance of technical material purchases under the Programme. In case of funding of maintenance, the award decision shall be subject to the submission by the national authorities to the Commission of a report detailing output, results and added value of the implementation of the technical equipment purchased under the Programme.
Amendment  35 Proposal for a regulation Article 9 – paragraph 4 a (new)
Text proposed by the Commission	Amendment
	4a. The co-financing rate shall be inversely proportional to the total amount per annum the Member States receive as revenue derived from the agreements concluded by the Commission and Member States with four major tobacco companies.
Justification
From the 4 agreements Member-States will receive some 1.6 billion Euro's over the coming years, plus a substantial amount from fines based on these agreements , (  a large sum on the oldest agreement with Philip Morros a substantial amount has already been distributed under the participating Member-States). The Commission who gets around 10% of the sums has used this money mainly to top up the Hercule programmes. The level of co-financing should among other factors depend on the available extra income of Member- States from these agreements.
Amendment  36 Proposal for a regulation Article 9 – paragraph 4 b (new)
Text proposed by the Commission	Amendment
	4b. Member States shall endeavour to increase financial contributions under the co-financing rate for grants awarded under the Programme.
Justification
The increased financial contribution of the Member States will enhance their motivation for the success of the programme and at the same time will result in increasing state revenues.
Amendment  37 Proposal for a regulation Article 9 – paragraph 4 c (new)
Text proposed by the Commission	Amendment
	4c. The Commission shall be empowered to adopt delegated acts in accordance with Article 12a concerning the establishment of criteria for the definition of vulnerable and high-risk Member States, based, inter alia, on geographical and border location, volume of freight, customs operations and relevant latest available statistics published by Eurostat enabling to annually analyse and evaluate the risk of illegal activities.
Justification
The establishment of clear criteria to define vulnerable and high-risk Member States is delegated to the Commission, but the legislator gives some guidances by proposing some elements which should be taken into account for the definition and refers to annually evaluate the risk.
Amendment  38 Proposal for a regulation Article 10
Text proposed by the Commission	Amendment
Article 10	Article 10
Annual work programmes	Multiannual work plans and annual work programmes
In order to implement the Programme the Commission shall adopt annual work programmes. They shall set out the objectives pursued, the expected results, the method of implementation and their total amount. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co-financing.	1. The Commission shall be empowered to adopt delegated acts in accordance with Article 12a concerning the establishment of multiannual work plans for the Programme. The multiannual work plans shall lay down the objectives pursued the expected results, the method of implementation and their total amount. They shall include for grants the priorities and the essential evaluation criteria.
	2. In order to implement the Programme, the Commission shall adopt annual work programmes to carry out the multiannual work plans and indicative timetables for the call of proposals for the period covered by the multiannual work plan. The annual work programmes shall specify the criteria for the awarding of a grant covering the maintenance of the technical equipment purchased under the Programme. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the maximum rate of co-financing.
Budget allocated to communication actions to be carried out by the Commission under this Regulation shall also cover the corporate communication of the political priorities of the Union.	Budget appropriations allocated to communication actions to be carried out by the Commission under this Regulation shall also cover the corporate communication of the political priorities of the Union, in so far as they relate to the general objective of the Programme.
Amendment  39 Proposal for a regulation Article 11 - paragraph 1
Text proposed by the Commission	Amendment
1. The Commission 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 Union level shall be included. The Commission shall continually disseminate the results of the activities supported under the Programme. All participating countries shall provide the Commission with all the data and information necessary to permit the monitoring and evaluation of the Programme.	1. The Commission shall provide the European Parliament and the Council, on an annual basis, with information on the annual implementation of the Programme, including the objectives achieved, the results and the key performance indicators identified in the annual work programme. Information on consistency and complementarity with other programmes and activities at Union level shall be detailed and included in the communication. The Commission shall continually disseminate, including in the relevant websites, the results of the funded actions and activities supported under the Programme, to enhance transparency to the benefit of the Union taxpayers. In order to demonstrate the added value of the Commission's activities under this Regulation, the Commission shall, in particular, report on measures taken to enhance coordination and to avoid overlap with existing, related activities in the field of protection of the Union’s financial interests. All participating countries and representatives referred to in Article 6(3) shall provide the Commission with all the data and information necessary to permit the monitoring and evaluation of the annual implementation of the Programme, where relevant, and of the overall Programme.
Justification
In order to improve transparency the Commission shall inform on an annual basis the European Parliament and the Council on the implementation of the programme.
Amendment  40 Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission	Amendment
An evaluation of the Programme shall be carried out by the Commission. No later than by 31 December 2017, an evaluation report shall be established by the Commission on the achievement of the objectives of all the measures, results and impacts, the efficiency of the use of resources and its European added value, in view of a decision on the renewal, modification or suspension of the measures. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account evaluation results on the long-term impact of the predecessor measures.	A thorough evaluation of the Programme shall be carried out by the Commission. No later than by 31 December 2017, a mid-term evaluation report shall be established by the Commission on the achievement of the objectives of all the actions, results and impacts, the effectiveness and efficiency of the use of resources and its European added value, in view of a decision on the renewal, modification or suspension of the actions. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives, as well as the contribution of the actions to the Union priorities of smart, sustainable and inclusive growth. It shall take into account the evaluation results on the achievements of the objectives of the Hercule II programme which shall be presented by the Commission by 31 December 2014.
In addition, by 31 December 2021, the Commission shall present to the European Parliament and to the Council a report on the achievement of the objectives of the programme.	In addition, by 31 December 2021, the Commission shall present to the European Parliament and to the Council an evaluation report on the achievements of the general and specific objectives of the Programme, its added value and the impact of all funded activities or actions under the Programme.
The longer-term impacts and the sustainability of effects of the Programme shall be evaluated with a view to feed into a decision on a possible renewal, modification or suspension of a subsequent Programme.	Furthermore, the longer-term impacts and the sustainability of effects of the Programme shall be evaluated with a view to feed into a decision on a possible renewal, modification or suspension of a subsequent programme.
Amendment  41 Proposal for a regulation Article 12 – paragraph 1
Text proposed by the Commission	Amendment
1. The Commission shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and deterrent penalties.	1. The Commission shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.
Amendment  42 Proposal for a regulation Article 12 – paragraph 2
Text proposed by the Commission	Amendment
2. The Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and on-the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme.	2. The Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme.
The European Anti-fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the European Union in connection with a grant agreement or grant decision or a contract concerning Union funding.
Without prejudice to the first and second sub-paragraphs, cooperation agreements with third countries and international organisations and grant agreements and grant decisions and contracts resulting from the implementation of this Regulation shall expressly empower the Commission, the Court of Auditors and OLAF to conduct such audits, on-the-spot checks and inspections.
Justification
The text should be included in a new paragraph.
Amendment  43 Proposal for a regulation Article 12 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by OLAF1 and 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 irregularities2 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract concerning Union funding.
	___________
	1 OJ L 136, 31.5.1999, p. 1.
	2 OJ L 292, 15.11.1996, p. 2.
Justification
A special standard clause should be included in the legislative act.
Amendment  44 Proposal for a regulation Article 12 – paragraph 2 b (new)
Text proposed by the Commission	Amendment
	2b. Without prejudice to paragraphs 2 and 2a, cooperation agreements with third countries and with international organisations, contracts, grant agreements and grant decisions resulting from the implementation of this Regulation shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.
Justification
A special standard clause should be included in the legislative act.
Amendment  45 Proposal for a regulation Article 12 a (new)
Text proposed by the Commission	Amendment
	Article 12a
	Exercise of the delegation
	1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	2. The power to adopt delegated acts referred to in Article 4(1b) and (2a), the second paragraph of Article 7, Article 9(4c) and Article 10(1) shall be conferred on the Commission for a period of seven years from ...*.
	3. The delegation of power referred to in Articles 4(1b) and (2a), the second paragraph of Article 7, Article 9(4c) and Article 10(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
	4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	5. A delegated act adopted pursuant to 4(1b) and (2a), the second paragraph of Article 7, Article 9(4c) and Article 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or 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.
	_______________
	* OJ: please insert the date of entry into force of this Regulation.
Justification
Explains the exercise of the delegation, giving the legislators the power to revoke the delegation and obliges the Commission to notify the legislators when adoptiong a delegated act.
Amendment  46 Proposal for a regulation Annex
Text proposed by the Commission	Amendment
Annex	deleted
Operational objectives of the Programme
The operational objectives of the Programme shall be the following:
(1) to improve the prevention and investigation of fraud and other illegal activities beyond its currently reached levels by enhancing transnational and multi-disciplinary cooperation;
(2) to increase the protection of the financial interests of the Union against fraud, facilitating the exchange of information, experiences and best practices, including staff exchanges;
(3) to strengthen the fight against fraud and other illegal activities providing technical and operational support to national investigation, and in particular customs and law enforcement authorities;
(4) to limit the exposure of the financial interests of the Union to fraud, corruption and other illegal activities, as compared to the level of exposure known today, with a view to reducing the development of an illegal economy in key risk areas such as organised fraud, smuggling and counterfeiting, especially of cigarettes;
(5) to enhance the degree of development of the specific legal and judicial protection of the financial interests against fraud by promoting comparative law analysis.
Justification
This text is better placed in the articles than in an annex

• [1] ¹ SL C 201,, 7.7.2012., str. 1.
• [2]  Usvojeni tekstovi, P7_TA(2011)0266.

OPINION of the Committee on Budgets (8.11.2012)

for the Committee on Budgetary Control

on the proposal for a regulation of the European Parliament and of the Council on Hercule III programme to promote activities in the field of the protection of the European Union's financial interests

(COM(2011)0914 – C7‑0513/2011 – 2011/0454(COD))

Rapporteur: Richard Ashworth

SHORT JUSTIFICATION

In December 2011, the Commission approved a proposal for a Regulation on the Hercule III programme to promote activities in the field of the protection of the EU financial interests. The new programme continues to place specific emphasis on the fight against cigarette smuggling and counterfeiting to reflect the Commission's legal obligations stemming from agreements with four international tobacco manufacturers.

Your Rapporteur welcomes the initiative to fight corruption, fraud and other illegal activities affecting the financial interests of the EU, however, questions do remain regarding the effectiveness of such programmes, proposed administrative costs for the programme and the impact on its overall budget in the context of the current MFF negotiations and the need to ensure budgetary restraint is reflected in the EU budget.

Your Rapporteur believes that within this proposal there remains a need for Member States, the Commission and competent authorities to reduce potential overlaps and duplications with other EU and Member state programmes and anti-fraud tools. It is important to ensure that synergies with other national initiatives are strengthened, so as to improve the long-term impact of spending under the programme and ultimately, ensure the protection of tax payer's money.

Your Rapporteur notes the delay in publication of the Court of Auditors Opinion[1], which would have been useful and helpful if it had been available earlier in the decision-making process so that the Court of Auditor's observations could be fully considered in decisions regarding Hercule III. However, your Rapporteur welcomes and broadly supports the assessment of the Court of Auditors, particularly the need for future evaluation reports to be independent, with a thorough assessment of EU added value, particularly in terms of technical assistance, a need to focus on the results achieved against planned objectives, improved performance indicators and with lessons learned applied to modifying future programmes including the 2014 - 2020 programme.

Your Rapporteur also shares the ECA position on the co-financing rate for the proposed Hercule programme and agrees that extra co-financing in the future is not appropriate given that for example, technical equipment purchased through the programme will likely be used for activities in the national interest, not exclusively for the protection of the EU's financial interest, the Rapporteur believes the maximum co-financing rate should remain at 50% to ensure that EU and national interests are balanced. In exceptional and duly justified circumstances this could be increased to 80%.

The total financial envelope for the implementation of the programme for the period 2014 - 2020 is stated as EUR 110 million. This is a substantial increase on Hercule II. Whilst the total financial envelope is subject to the conclusions of ongoing negotiations of the MFF 2014-2020, the Rapporteur stresses the necessity for greater budgetary restraint. Therefore your Rapporteur would like to see a reduction in the proposed administrative costs.

AMENDMENTS

The Committee on Budgets calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Draft legislative resolution Paragraph 1 a (new)
Draft legislative resolution	Amendment
	1a. Points out that the financial envelope specified in the legislative proposal constitutes 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 2014-2020;
Justification
The financial envelope specified in the legislative proposal constitutes only an indication and can not be fixed until agreement is reached on the regulation on the Mulitannual Financial Framework.
Amendment  2 Draft legislative resolution Paragraph 1 b (new)
Draft legislative resolution	Amendment
	1b. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its policy priorities or projects could be dropped altogether, despite their proven European added value;
	___________
	1 Texts adopted, P7_TA(2011)0266.
Amendment  3 Proposal for a regulation Recital 1
Text proposed by the Commission	Amendment
(1) The Union and the Member States have set themselves the objective of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union, including cigarette smuggling and counterfeiting. Together with the Commission, the Member States should, in particular, organise close and regular cooperation between the competent authorities.	(1) The Union and the Member States have set themselves the objective of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union, including cigarette smuggling and counterfeiting. Together with the Commission, the Member States should, in particular, organise close and regular cooperation and synergies between the competent authorities in order to improve the long-term impact of spending and to avoid duplication.
Amendment  4 Proposal for a regulation Recital 3
Text proposed by the Commission	Amendment
(3) Past support for such initiatives has made it possible to enhance the activities undertaken by the Union and the Member States in terms of fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union. The objectives of the Hercule programme for both the period 2004-2006 and the period 2007-2013 were successfully achieved.	(3) Past support for such initiatives has made it possible to enhance the activities undertaken by the Union and the Member States in terms of fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union.
Amendment  5 Proposal for a regulation Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) The Commission conducted a review of the achievements of Hercule II programme which reports on the inputs and outputs of the programme. The full impact of Hercule II programme and the achievement of its objectives will be identified in an external and independent report by 31 December 2014, the results of which should be used to modify and improve the execution of the Hercule III programme.
Amendment  6 Proposal for a regulation Recital 5
Text proposed by the Commission	Amendment
(5) To continue and even develop the activities at Union and Member State level to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting, also taking into account the new challenges in a context of budgetary austerity, a new programme should be adopted.	(5) To continue and even develop the activities at Union and Member State level to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting, also taking into account the new challenges in a context of budgetary austerity, a new programme with improved performance indicators should be adopted.
Amendment  7 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(9) The Commission should present to the European Parliament and to the Council an independent interim report on the implementation of this Programme, as well as a final report on the achievement of the objectives of this programme.	(9) The Commission should present to the European Parliament and to the Council an annual report on the implementation of this Programme, an interim report on the implementation of this Programme, as well as a final report on the achievement of the objectives of this programme.
Justification
More reporting is necessary. The reporting, in form of the annual, the interim and the final report, must be done by the Commission itself. The Commission is responsible for the correct use of money from the EU budget.
Amendment  8 Proposal for a regulation Article 4 – subparagraph 2
Text proposed by the Commission	Amendment
This objective shall be measured, inter alia, through the amount of recoveries following fraud cases detected by joint actions and cross border operations, the increased percentage of successful joint operations, and the increased number of cases accepted by the criminal investigative authorities.	This objective shall be measured, inter alia, through the amount of recoveries following fraud cases detected by joint actions and cross border operations, the increased percentage of successful joint operations, and the increased number of cases accepted by the criminal investigative authorities, and the increased exchange of information on the results achieved with the technical material purchased under the Programme.
Amendment  9 Proposal for a regulation Article 6 – paragraph 3
Text proposed by the Commission	Amendment
3. Representatives of countries forming part of the stabilisation and association process for countries of South-Eastern Europe, the Russian Federation, and certain countries with which the Union has concluded an agreement for mutual assistance in fraud-related matters, and representatives of international and other relevant organisations, may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 3 and 4. These representatives shall be chosen on the basis of their skills, experience and knowledge relevant to the specific activities.	3. Representatives of countries forming part of the stabilisation and association process for countries of South-Eastern Europe, the Russian Federation, and certain countries with which the Union has concluded an agreement for mutual assistance in fraud-related matters, and representatives of international and other relevant organisations, may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 3 and 4. The participation in the Programme by these representatives shall be in accordance with the relevant provisions of Regulation (EU) No xxxx/2012 [of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union].
Justification
Participation should be organised in accordance with the relevant provisions of the Financial Regulation.
Amendment  10 Proposal for a regulation Article 7 – introductory part
Text proposed by the Commission	Amendment
The Programme shall provide, under the same conditions set out in the annual work programme referred to in Article 10, financial support for the following actions:	The Programme shall provide, under the same conditions set out in the annual work programme referred to in Article 10, appropriate financial support for the following actions:
Amendment  11 Proposal for a regulation Article 7 – point a – indent 7
Text proposed by the Commission	Amendment
– increasing data exchange, developing and providing IT tools for investigations, and monitoring intelligence work.	– increasing data exchange, including between the Member States and the Commission, developing and providing IT tools for investigations, and monitoring intelligence work.
Amendment  12 Proposal for a regulation Article 7 - point b – introductory part
Text proposed by the Commission	Amendment
(b) Organisation of specialised training, and risk analysis training workshops, as well as conferences, aimed at:	(b) Organisation of targeted specialised training, and risk analysis training workshops, as well as, where appropriate, conferences, aimed at:
Amendment  13 Proposal for a regulation Article 7 – point b – indent 2
Text proposed by the Commission	Amendment
– exchanging experience between the relevant authorities in the Member States, and third countries as referred to in Article 6(2) as well as representatives of international organisations as mentioned in Article 6 (3), including specialised law enforcement services;	– exchanging experience between the relevant authorities in the Member States, and third countries as referred to in Article 6(2), including specialised law enforcement services, as well as representatives of international public organisations as mentioned in Article 6(3);
Amendment  14 Proposal for a regulation Article 7 – point b – indent 5
Text proposed by the Commission	Amendment
– developing high-profile research activities, including studies;	– developing high-profile research activities, including comparative-law studies;
Amendment  15 Proposal for a regulation Article 8
Text proposed by the Commission	Amendment
The financial envelope for the implementation of the programme for the period 2014 to 2020 shall be EUR 110 000 000, in current prices.	Within the meaning of point [17] of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of xxx/yyy on cooperation in budgetary matters and on sound financial management, the financial reference amount for the budgetary authority during the annual budgetary procedure in terms of the indicative financial envelope for the implementation of the programme for the period 2014 to 2020 shall be EUR 110 000 000, in current prices. The annual appropriations shall be authorised by the budgetary authority.
Justification
Emphasising the role of the budgetary authority.
Amendment  16 Proposal for a regulation Article 9 – paragraph 2 – point a
Text proposed by the Commission	Amendment
a) grants;	a) grants, including relating to the maintenance of technical material purchased under the Programme;
Amendment  17 Proposal for a regulation Article 9 – paragraph 4
Text proposed by the Commission	Amendment
4. 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 annual work programme referred to in article 10, the co-financing rate shall not exceed 90 % of the eligible costs.	4. The co-financing rate for grants awarded under the Programme shall not be less than 50% and not exceed 80 % of the eligible costs. In exceptional and duly justified cases, when the beneficiary is a research and educational institute and non-profit making entity, as defined in the annual work programme referred to in article 10, the co-financing rate shall not exceed 90 % of the eligible costs.
	The co-financing rate for grants awarded under the Programme shall not exceed 30% of the eligible costs when it concerns the funding of the maintenance of technical material purchases under the Programme. In case of funding of maintenance, the award decision shall be subject to the submission by the national authorities to the Commission of a report detailing output, results and added value of the implementation of the technical equipment purchased under the Programme.
Justification
According to Article 235 TFEU, the protection of financial interests is a common task of the EU and the Member States. In view of the fact that this Programme should finance itself by earned revenue (90% of the revenue goes to the member state, 10% to the EU budget), the general rate of co-financing should be set at 50%.
Amendment  18 Proposal for a regulation Article 10 – subparagraph 1
Text proposed by the Commission	Amendment
In order to implement the Programme the Commission shall adopt annual work programmes. They shall set out the objectives pursued, the expected results, the method of implementation and their total amount. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co-financing.	In order to implement the Programme the Commission shall adopt annual work programmes. The annual work programmes shall set out the objectives pursued, the expected results, the method of implementation and their total amount. The annual work programmes shall also specify the criteria for being awarded a grant covering the maintenance of the technical equipment purchased under the Programme. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co-financing. After adoption, these annual work programmes shall be sent to European Parliament and Council.
Justification
More reporting is necessary.
Amendment  19 Proposal for a regulation Article 10 – subparagraph 2
Text proposed by the Commission	Amendment
Budget allocated to communication actions to be carried out by the Commission under this Regulation shall also cover the corporate communication of the political priorities of the Union.	Budget appropriations allocated to communication actions to be carried out by the Commission under this Regulation shall also cover the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.
Justification
Communication actions financed by means of this Regulation shall be funded only as far as they are related to the general objectives of this Regulation.

PROCEDURE

Title	Hercule III programme to promote activities in the field of the protection of the European Union’s financial interests
References	COM(2011)0914 – C7-0513/2011 – 2011/0454(COD)
Committee responsible        Date announced in plenary	CONT 19.1.2012
Opinion by        Date announced in plenary	BUDG 19.1.2012
Rapporteur        Date appointed	Richard Ashworth 29.2.2012
Date adopted	6.11.2012
Result of final vote	+: –: 0:	26 2 1
Members present for the final vote	Marta Andreasen, Francesca Balzani, Reimer Böge, Jean Louis Cottigny, Jean-Luc Dehaene, Göran Färm, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Lucas Hartong, Jutta Haug, Sidonia Elżbieta Jędrzejewska, Ivailo Kalfin, Sergej Kozlík, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Jan Mulder, Juan Andrés Naranjo Escobar, Dominique Riquet, Alda Sousa, Helga Trüpel, Derek Vaughan, Angelika Werthmann
Substitute(s) present for the final vote	François Alfonsi, Alexander Alvaro, Peter Jahr, Georgios Stavrakakis, Nils Torvalds
Substitute(s) under Rule 187(2) present for the final vote	Jens Nilsson

• [1]  Opinion n°3/2012, OJ C201 , 07.7.2012.

PROCEDURE

Title	Hercule III programme to promote activities in the field of the protection of the European Union’s financial interests
References	COM(2011)0914 – C7-0513/2011 – 2011/0454(COD)
Date submitted to Parliament	19.12.2011
Committee responsible        Date announced in plenary	CONT 19.1.2012
Committee(s) asked for opinion(s)        Date announced in plenary	BUDG 19.1.2012	LIBE 19.1.2012
Not delivering opinions        Date of decision	LIBE 28.2.2012
Rapporteur(s)        Date appointed	Monica Luisa Macovei 12.1.2012
Date adopted	15.11.2012
Result of final vote	+: –: 0:	19 0 1
Members present for the final vote	Marta Andreasen, Jean-Pierre Audy, Zuzana Brzobohatá, Andrea Češková, Tamás Deutsch, Martin Ehrenhauser, Jens Geier, Gerben-Jan Gerbrandy, Ingeborg Gräßle, Iliana Ivanova, Jan Mulder, Aldo Patriciello, Crescenzio Rivellini, Theodoros Skylakakis, Bart Staes, Georgios Stavrakakis
Substitute(s) present for the final vote	Cornelis de Jong, Ivailo Kalfin, Olle Schmidt, Derek Vaughan
Date tabled	23.11.2012