Procedure : 2013/0022(COD)
Document stages in plenary
Document selected : A7-0364/2013

Texts tabled :

A7-0364/2013

Debates :

Votes :

PV 12/03/2014 - 8.21
Explanations of votes

Texts adopted :

P7_TA(2014)0228

REPORT     ***I
PDF 529kWORD 392k
5.11.2013
PE 510.725v04-00 A7-0364/2013

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 912/2010 setting up the European GNSS Agency

(COM(2013)0040 – C7‑0031/2013 – 2013/0022(COD))

Committee on Industry, Research and Energy

Rapporteur: Amalia Sartori

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Budgets
 OPINION of the Committee on Budgetary Control
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 912/2010 setting up the European GNSS Agency

(COM(2013)0040 – C7‑0031/2013 – 2013/0022(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0040),

–   having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0031/2013),

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

–   having regard to the opinion of the European Economic and Social Committee of 17 April 2013(1)

–   after consulting the Committee of the Regions

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A7-0364/2013),

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

2.  Emphasises that any decision of the legislative authority in favour of multiannual funding for the European GNSS Agency ("the Agency") shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

3.  Requests that the Commission present a financial statement which fully takes into account the result of the legislative agreement between the European Parliament and the Council to meet the budgetary and staff requirements of the Agency and possibly of the Commission services;

4.  Requests that the Commission find a feasible solution to the problems the Agency might be facing with regard to the funding for Type II European Schools, as this has a direct effect on the Agency's ability to attract qualified personnel;

5.  Requests that, when determining the correction coefficient for staff remuneration for the Agency, the Commission not consider the Czech average but adjust to the cost of living in the metropolitan area of Prague;

6.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Regulation (EU) No xxx/2013 of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems8 , replacing Regulation (EC) No 683/2008, which will enter into force on 1 January 2014, defines the public governance arrangements for the programmes during 2014-2020. It extends the tasks entrusted to the Agency and provides, in particular, for the Agency to play a major role in the exploitation of the systems.

(4) Regulation (EU) No xxx/2013 of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems8, replacing Regulation (EC) No 683/2008, which will enter into force on 1 January 2014, defines the public governance arrangements for the programmes during 2014-2020. It confers overall responsibility for the programmes on the Commission and makes the Commission responsible for ensuring the security of the programmes, including the security of the systems and their operation. In addition, it extends the tasks entrusted to the Agency and provides, in particular, for the Agency to play a major role in the exploitation of the systems and in maximising their socio-economic benefits.

Justification

It is important to recall that the Commission has overall responsibility for the programmes and is responsible for ensuring their security.

Amendment  2

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) In addition, in the interests of preserving the independence of the Security Accreditation Board and avoiding any conflicts of interest, it would also be useful for the Security Accreditation Board and the Agency staff under its control to carry out their work in a location ensuring their autonomy and independence with regard to the Agency's other activities, in particular vis-à-vis the operational activities associated with the exploitation of the systems and for the Agency's internal rules on staff to ensure the autonomy and independence of the staff performing the security accreditation activities vis-à-vis staff carrying out other Agency activities.

(9) In addition, in the interests of preserving the independence of the Security Accreditation Board and avoiding any conflicts of interest, it is essential for the Security Accreditation Board and the Agency staff under its control to carry out their work autonomously and independently with regard to the Agency's other activities, in particular vis-à-vis the operational activities associated with the exploitation of the systems, and for the Agency's internal rules on staff to ensure the autonomy and independence of the staff performing the security accreditation activities vis-à-vis staff carrying out other Agency activities.

Justification

The Security Accreditation Board is in the same location as the rest of the Agency.

Amendment  3

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Regulation (EU) No 912/2010 must be made consistent with the principles contained in the shared approach of the Parliament, Council and Commission to the decentralised agencies, adopted by the three institutions on 5 July, 26 June and 12 June 2012 respectively, particularly with regard to the rules for adopting decisions of the Administrative Board, the terms of office of the members of the Administrative Board and Security Accreditation Board and those of their chairpersons, the existence of a multiannual work programme, the powers of the Administrative Board concerning staff management, assessment and revision of the Regulation, prevention of conflicts of interest and handling of non-classified sensitive information.

(11) Regulation (EU) No 912/2010 must be made consistent with the principles contained in the common approach of the Parliament, the Council and the Commission to the decentralised agencies, adopted by the three institutions on 5 July, 26 June and 12 June 2012 respectively, particularly with regard to the rules for adopting decisions of the Administrative Board, the terms of office of the members of the Administrative Board and Security Accreditation Board and those of their chairpersons, the existence of a multiannual work programme, the powers of the Administrative Board concerning staff management, assessment and revision of the Regulation, prevention and management of conflicts of interest and handling of non-classified sensitive information.

Justification

This is the wording of the Common Approach on decentralised agencies agreed by the three Institutions.

Amendment  4

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) With reference to the prevention and management of conflicts of interest, it is essential that the Agency establish and maintain a reputation for impartiality, integrity and high professional standards. There should never be any legitimate reason to suspect that decisions might be influenced by interests conflicting with the role of the Agency as a body serving the Union as a whole or by private interests or affiliations of any member of the Agency staff or seconded national expert, or of any member of the Administrative Board or the Security Accreditation Board, which create, or have the potential to create, conflict with the proper performance of the official duties of the person concerned. The European Parliament has expressed concern about conflicts of interest in certain agencies and has requested the Court of Auditors to undertake a comprehensive analysis. The Administrative Board should therefore adopt comprehensive rules on this issue that cover the entire Agency. Those rules should take account of the recommendations issued by the Court of Auditors in its Special Report No 15 of 2012.

Amendment  5

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(11b) On 10 December 2010 the representatives of the Member States convened in the Intergovernmental Conference decided to locate the headquarters of the Agency in Prague. The Host Agreement between the Czech Republic and the Agency entered into force on 9 August 2012. The Host Agreement and other specific arrangements (such as the Lease Agreement and Staff Benefit Packages) should be considered as being fully in accordance with this Regulation, and therefore need not be amended.

Amendment  6

Proposal for a regulation

Article 1 – point 2

Regulation (EU) No 912/2010

Article 4 –paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

The provisions relating to the installation and operation of the Agency in the Member States and host third countries and those relating to advantages accorded by the latter to the Executive Director, members of the Administrative Board, Agency staff and members of their families are subject to specific arrangements made by the Agency with those Member States and countries. The specific arrangements shall be approved by the Administrative Board.

The provisions relating to the installation and operation of the Agency in the Member States and host third countries and those relating to advantages accorded by the latter to the Executive Director, members of the Administrative Board and the Security Accreditation Board, Agency staff and members of their families are subject to specific arrangements made by the Agency with those Member States and third countries. The specific arrangements shall be approved by the Administrative Board.

Amendment  7

Proposal for a regulation

Article 1 – point 3 – point a

Regulation (EU) No 912/2010

Article 5 – paragraph 2 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Members of the Administrative Board shall be appointed in the light of their knowledge of the Agency's tasks, taking into account relevant managerial, administrative and budgetary skills. The European Parliament, the Commission and the Member States shall aim to achieve a balanced representation between men and women on the Administrative Board.

Amendment  8

Proposal for a regulation

Article 1 – point 3 – point a

Regulation (EU) No 912/2010

Article 5 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The duration of the term of office of the Administrative Board members shall be four years and shall be renewable.

The duration of the term of office of the Administrative Board members shall be four years and shall be renewable. The European Parliament, the Commission and the Member States shall endeavour to limit turnover of their representatives on the Administrative Board.

Amendment  9

Proposal for a regulation

Article 1 – point 3 – point b

Regulation (EU) No 912/2010

Article 5 – paragraph 4 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The Chairperson may be invited to make a statement before the relevant committee(s) of the European Parliament and answer Members' questions.

Amendment  10

Proposal for a regulation

Article 1 – point 3 – point b

Regulation (EU) No 912/2010

Article 5 – paragraph 4 – subparagraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

The Administrative Board shall have the power to dismiss the Chairperson and the Deputy Chairperson.

Justification

The Administrative Board elects the Chair and Deputy Chair but has no power to dismiss them, which could be necessary in certain circumstances. Moreover, the Security Accreditation Board has this power over its Chair and Deputy Chair.

Amendment  11

Proposal for a regulation

Article 1 – point 3 – point c

Regulation (EU) No 912/2010

Article 5 – paragraph 6 – subparagraph 2

 

Text proposed by the Commission

Amendment

A majority of two thirds of all voting members is required for election of the Chairperson of the Administrative Board and the Deputy Chairperson, and adoption of the budget and work programmes.

A majority of two thirds of all voting members is required for the election and dismissal of the Chairperson and Deputy Chairperson of the Administrative Board and for the adoption of the budget and work programmes.

Amendment  12

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

a) adopt, by 30 June of the first year of the multiannual financial framework provided for under Article 312 of the Treaty on the Functioning of the European Union, the multiannual work programme of the Agency for the period covered by the multiannual financial framework after incorporating the section drafted by the Security Accreditation Board in accordance with Article 11(3)(b) and after having received the Commission's opinion;

a) adopt, by 30 June of the first year of the multiannual financial framework provided for under Article 312 of the Treaty on the Functioning of the European Union, the multiannual work programme of the Agency for the period covered by the multiannual financial framework after incorporating the section drafted by the Security Accreditation Board in accordance with Article 11(3)(b) and after having received the Commission's opinion and having consulted the European Parliament ;

Justification

According to the Common Approach, Parliament should be consulted on the multiannual work programme.

Amendment  13

Proposal for a regulation

Article 1 – point 4

Regulation (EU) 912/2010

Article 6 – paragraph 2 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) adopt the arrangements referred to in Article 23(2), following the approval of the Security Accreditation Board established in Article 11 to deal with the matters referred to in Chapter III;

Amendment  14

Proposal for a regulation

Article 1 – point 4

Regulation (EU) 912/2010

Article 6 – paragraph 2 – point h a (new)

 

Text proposed by the Commission

Amendment

 

(ha) approve, on a proposal from the Executive Director, the working arrangements between the Agency and the ESA referred to in Article [15(1c)] of Regulation (EU) No .../... [future GNSS Regulation];

Amendment  15

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 2 – point i

 

Text proposed by the Commission

Amendment

i) adopt its rules of procedure.

i) adopt its rules of procedure and make them public;

Amendment  16

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 2 – point i a (new)

 

Text proposed by the Commission

Amendment

 

ia) adopt, on the basis of a proposal from the Executive Director, an anti-fraud strategy that is proportionate to the risks of fraud, having regard to a cost-benefit analysis of the measures to be implemented;

Justification

The Executive Director must draw up an anti-fraud strategy and submit it to the Board but the Board has no power to adopt such a strategy.

Amendment  17

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 2 – point i b (new)

 

Text proposed by the Commission

Amendment

 

ib) take, where necessary, on the basis of proposals from the Executive Director, decisions on the Agency's organisational structures, with the exception of those relating to the security accreditation activities covered by Chapter III.

Justification

Decisions on internal structures should be taken by the Board on a proposal from the Executive Director.

Amendment  18

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Administrative Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of other servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate these powers.

The Administrative Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of other servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall report back to the Administrative Board on those delegated powers. The Executive Director shall be authorised to sub-delegate these powers.

Amendment  19

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 3 – subparagraph 6

 

Text proposed by the Commission

Amendment

It shall also adopt the measures concerning the secondment of the seconded national experts referred to in Article 15c, after consulting the Security Accreditation Board and duly taking into account its observations.

deleted

Justification

This provision is moved to Article 15c.

Amendment  20

Proposal for a regulation

Article 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 4

 

Text proposed by the Commission

Amendment

The Administrative Board shall appoint the Executive Director and may extend or end his term of office pursuant to Article 15c(4). It shall exercise disciplinary authority over the Executive Director.

The Administrative Board shall appoint the Executive Director and may extend or end his term of office pursuant to Article 15b (3) and (4). It shall exercise disciplinary authority over the Executive Director.

Amendment  21

Proposal for a regulation

Article 1 – point 5

Regulation (EU) No 912/2010

Article 7 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Without prejudice to the powers of the Commission and the Administrative Board, the Executive Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government or from any other body.

Amendment  22

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 1

 

Text proposed by the Commission

Amendment

(1) he/she shall be responsible for representing the Agency, except in respect of activities and decisions undertaken in accordance with Chapters II and III, and shall be in charge of its management; he/she shall sign the delegation agreements made by the Commission and the Agency under Article [15(1)(d)] of the Regulation [future GNSS Regulation];

(1) he/she shall be responsible for representing the Agency, except in respect of activities and decisions undertaken in accordance with Chapters II and III, and shall be in charge of its day-to-day administration; he/she shall sign the delegation agreements made by the Commission and the Agency under Article [15(1a)] of Regulation (EU) No [future GNSS Regulation];

Justification

Article 7 stipulates that the Executive Director is responsible for managing the Agency.

Amendment  23

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. he/she shall establish the working arrangements between the Agency and the ESA referred to in Article [15(1c)] of Regulation (EU) No .../...[future GNSS Regulation] and submit them to the Administrative Board for approval in accordance with Article 6(2)(ha);

Amendment  24

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 2

 

Text proposed by the Commission

Amendment

(2) he/she shall prepare the work of the Administrative Board and participate, without having the right to vote, in the work of the Administrative Board;

(2) he/she shall prepare the work of the Administrative Board and participate, without having the right to vote, in the work of the Administrative Board, subject to the second subparagraph of Article 5(5);

Amendment  25

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) he/she shall implement the decisions of the Administrative Board;

Amendment  26

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 3

 

Text proposed by the Commission

Amendment

(3) he/she shall be responsible for implementing the annual work programmes of the Agency under the control of the Administrative Board, with the exception of the part of the programmes covered in Chapter III;

(3) he/she shall be responsible for preparing the multiannual and annual work programmes of the Agency and submitting them to the Administrative Board, with the exception of the parts prepared and adopted by the Security Accreditation Board in accordance with Article 11(3)(b) and (c);

Amendment  27

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 3 a (new)

 

Text proposed by the Commission

Amendment

 

(3a) he/she shall be responsible for implementing the multiannual and annual work programmes of the Agency, with the exception of the parts implemented by the Chairperson of the Security Accreditation Board in accordance with Article 11a(1)(b), and for reporting to the Administrative Board on their implementation;

Amendment  28

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 3 b (new)

 

Text proposed by the Commission

Amendment

 

(3b) he/she shall draft a progress report on the implementation of the annual work programme for each meeting of the Administrative Board including, without any changes, the chapter drawn up by the Chairperson of the Security Accreditation Board in accordance with Article 11a(1)(c);

Amendment  29

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 6

 

Text proposed by the Commission

Amendment

(6) he/she shall prepare a draft general report each year, duly taking into account the comments of the Chairperson of the Security Accreditation Board concerning the activities covered in Chapter III, and submit it to the Administrative Board;

(6) he/she shall prepare the annual report on the activities and prospects of the Agency, with the exception of the part prepared and adopted by the Security Accreditation Board in accordance with Article 11(3)(d), and submit it to the Administrative Board for approval;

Amendment  30

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 7

 

Text proposed by the Commission

Amendment

(7) he/she shall ensure that the Agency, as the operator of the GSMC, is able to respond to instructions provided under Joint Action 2004/552/CFSP;

(7) he/she shall ensure that the Agency, as the operator of the GSMC, is able to respond to instructions provided under Joint Action 2004/552/CFSP and to fulfil its role referred to in Article 6 of Decision No 1104/2011/EU;

Amendment  31

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 7 a (new)

 

Text proposed by the Commission

Amendment

 

(7a) he/she shall circulate all relevant information among the Agency's constituent bodies, including on security issues regarding the day-to-day administration of the Agency;

Amendment  32

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 7 b (new)

 

Text proposed by the Commission

Amendment

 

(7b) he/she shall communicate to the Commission the Agency's view on any technical and operational specifications necessary to implement systems evolutions as referred to in Article [13(3)(ca)] of Regulation (EU) No .../...[future GNSS Regulation], including for the establishment of acceptance and review procedures, and on research activities in support of those evolutions;

Amendment  33

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 8

 

Text proposed by the Commission

Amendment

(8) he/she shall define the organisational structure of the Agency and submit it for approval to the Administrative Board;

deleted

Justification

This is covered by the amendment to add Article 6(2)(ib).

Amendment  34

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 12

 

Text proposed by the Commission

Amendment

(12) he/she shall prepare an action plan for monitoring the findings and recommendations of the assessments made and submit a twice-yearly progress report to the Commission;

(12) he/she shall prepare an action plan following up on the findings and recommendations stemming from the evaluations made pursuant to Article 26, as well as those arising from OLAF investigations and all internal or external audit reports, and submit a twice-yearly progress report to the Commission;

Justification

This has been harmonised with Article 6(2)(g).

Amendment  35

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – point 14

 

Text proposed by the Commission

Amendment

(14) he/she shall draw up an anti-fraud strategy for the Agency and submit it to the Administrative Board for approval.

(14) he/she shall draw up an anti-fraud strategy and a strategy for preventing and managing conflicts of interests for the Agency and submit it to the Administrative Board for approval.

Amendment  36

Proposal for a regulation

Article 1 – point 6

Regulation (EU) No 912/2010

Article 8 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The European Parliament or the Council may call upon the Executive Director to submit a report on the performance of his tasks, and to make a statement before those institutions.

Justification

This has been moved from Article 15b.

Amendment  37

Proposal for a regulation

Article 1 – point 7

Regulation (EU) No 912/2010

Article 8a – paragraph 1

 

Text proposed by the Commission

Amendment

1. The multiannual programme of the Agency, referred to in Article 6(2)(a) lays down the actions that the Agency must perform during the period covered by the multiannual financial framework provided for in Article 312 of the Treaty on the Functioning of the European Union, including actions associated with international relations and the communication for which it is responsible. This programme shall determine the human and financial resources assigned to each activity. It shall take into account the assessments referred to in Article 26.

1. The multiannual work programme of the Agency, as referred to in Article 6(2)(a), shall lay down the actions to be performed by the Agency during the period covered by the multiannual financial framework provided for in Article 312 of the Treaty on the Functioning of the European Union, including actions associated with international relations and the communication for which it is responsible, and shall set out the overall strategic programming, including objectives, milestones, expected results and performance indicators, and resource programming, including the human and financial resources assigned to each activity. It shall take into account the evaluations referred to in Article 26.

Amendment  38

Proposal for a regulation

Article 1 – point 7

Regulation (EU) No 912/2010

Article 8a – paragraph 2

 

Text proposed by the Commission

Amendment

2. Based on the multiannual work programme, the annual work programme referred to in Article 6(2)(b) lays down the actions that the Agency must perform during the coming year, including actions associated with international relations and the communication for which it is responsible. This programme shall determine the human and financial resources assigned to each activity. For information purposes, it shall include the tasks that the Commission has delegated, as required, to the Agency pursuant to Article [15(1)(d)] of the Regulation (future GNSS Regulation).

2. The annual work programme referred to in Article 6(2)(b) shall be based on the multiannual work programme. It shall comprise detailed objectives and expected results, including performance indicators that allow the results achieved to be evaluated effectively. It shall contain a detailed description of the actions to be performed by the Agency during the coming year, including actions associated with international relations and the communication for which it is responsible, and shall indicate the human and financial resources assigned to each activity, in accordance with the principles of activity-based budgeting and management. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous year. For information purposes, it shall include the tasks that the Commission has delegated, as required, to the Agency pursuant to Article [15(1a)] of Regulation (EU) No .../... (future GNSS Regulation).

Amendment  39

Proposal for a regulation

Article 1 – point 7

Regulation (EU) No 912/2010

Article 8a – paragraph 2 a new

 

Text proposed by the Commission

Amendment

 

2a. The Executive Director shall, following their adoption by the Administrative Board, forward the multiannual and annual work programmes to the European Parliament, the Council, the Commission and the Member States and shall make them public. The Executive Director and the Chairperson of the Security Accreditation Board may be invited to present that part of the adopted annual work programme for which they are responsible to the relevant committee(s) of the European Parliament and to answer Members' questions.

Amendment  40

Proposal for a regulation

Article 1 – point 7

Regulation (EU) No 912/2010

Article 8a – paragraph 3

 

Text proposed by the Commission

Amendment

3. The annual general report referred to in Article 8(f) shall record the implementation of the Agency work programmes.

3. The annual report referred to in Article 6(f) shall include information on:

 

(a) implementation of the multiannual and annual work programmes, including with regard to the performance indicators;

 

(b) implementation of the budget and staff policy plan;

 

(c) the Agency's management and internal control systems and progress made in implementing the project management systems and techniques referred to in Article [12(e)] of Regulation (EU) No .../... (future GNSS Regulation);

(d) the Agency's environmental footprint and any measures to improve its environmental performance;

 

(e) internal and external audit findings and the follow-up to the audit recommendations and to the discharge recommendation;

(f) the statement of assurance of the Executive Director.

 

The annual report shall be made public.

Amendment  41

Proposal for a regulation

Article 1 – point 9 – point a

Regulation (EU) No 912/2010

Article 11 – paragraph 3 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) take where necessary, on the basis of proposals from its Chairperson, decisions on the Agency's organisational structures relating to the security accreditation activities covered by this Chapter;

Amendment  42

Proposal for a regulation

Article 1 – point 9 – point a

Regulation (EU) No 912/2010

Article 11 – paragraph 3 – point f

 

Text proposed by the Commission

Amendment

f) adopt its rules of procedure.

f) adopt its rules of procedure and make them public;

Amendment  43

Proposal for a regulation

Article 1 – point 9 – point b

Regulation (EU) No 912/2010

Article 11 – paragraph 7

 

Text proposed by the Commission

Amendment

7. The Security Accreditation Board shall be composed of one representative per Member State, a Commission representative and an HR representative. The term of office of the members of the Security Accreditation Board shall be four years and shall be renewable. A representative of ESA shall be invited to attend the meetings of the Security Accreditation Board as an observer. Where appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 23.

7. The Security Accreditation Board shall be composed of one representative per Member State, a Commission representative and an HR representative, who shall be appointed in the light of their knowledge of security accreditation activities, taking into account relevant managerial, administrative and budgetary skills. The Commission, the HR and the Member States shall aim to achieve a balanced representation between men and women on the Security Accreditation Board. Members of the Security Accreditation Board shall not be members of the Administrative Board. The term of office of the members of the Security Accreditation Board shall be four years and shall be renewable. The Commission, the HR and the Member States shall endeavour to limit turnover of their representatives on the Security Accreditation Board. A representative of ESA shall be invited to attend the meetings of the Security Accreditation Board as an observer. Where appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 23.

Amendment  44

Proposal for a regulation

Article 1 – point 9 – point b

Regulation (EU) No 912/2010

Article 11 – paragraph 8 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The Chairperson may be invited to make a statement before the relevant committee(s) of the European Parliament and answer Members' questions.

Amendment  45

Proposal for a regulation

Article 1 – point 9 – point e

Regulation (EU) No 912/2010

Article 11 – paragraph 17

 

Text proposed by the Commission

Amendment

17. The Security Accreditation Board and the Agency staff under its supervision shall perform their work in a manner ensuring autonomy and independence in relation to the other activities of the Agency, particularly operational activities associated with the exploitation of the systems.

17. The Security Accreditation Board and the Agency staff under its supervision shall perform their work in a manner ensuring autonomy and independence in relation to the other activities of the Agency, particularly operational activities associated with the exploitation of the systems. The Security Accreditation Board shall immediately inform the Executive Director and the Administration Board of any circumstances that could jeopardise its autonomy and independence. The Security Accreditation Board shall immediately inform the European Parliament and the Council if no remedy has been adopted.

Justification

This regulation aims to bring more independence and autonomy to the Security Accreditation Board, but does not establish a procedure to solve any potential conflict that might arise between both areas of competence (Accreditation of security and deployment and commercialisation activities). This amendment sets a two layer way of redress. First, an in-house procedure to identify and try to address problems and secondly, an obligation to inform the legislator if the Security Board understands that no remedy has been taken to put an end to circumstances that put into question its autonomy.

Amendment  46

Proposal for a regulation

Article 1 – point 10

Regulation (EU) No 912/2010

Article 11a – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) manage security accreditation activities under the supervision of the Security Accreditation Board;

(a) prepare the work of the Security Accreditation Board and manage security accreditation activities under the supervision of that Board;

Amendment  47

Proposal for a regulation

Article 1 – point 10

Regulation (EU) No 912/2010

Article 11a – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

b) ensure the implementation of part of the Agency's work programmes covered in this Chapter under the supervision of the Security Accreditation Board;

b) implement the parts of the Agency's multiannual and annual work programmes prepared and approved by the Security Accreditation Board pursuant to Article 11(3)(b) and (c) under the supervision of that Board;

Amendment  48

Proposal for a regulation

Article 1 – point 13

Regulation (EU) No 912/2010

Article 15b – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Executive Director shall be appointed by the Administrative Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following publication a call for expressions of interest in the Official Journal of the European Union and elsewhere.

2. The Executive Director shall be appointed by the Administrative Board, after confirmation by the European Parliament, on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following publication of a call for expressions of interest in the Official Journal of the European Union and elsewhere.

Justification

The same approach is applied for the European Banking Authority (Reg. 1093/2010), the European Securities and Markets Authority (Reg. 1094/2010) and the European Insurance and Occupational Pensions Authority (Reg. 1095/2010).

Amendment  49

Proposal for a regulation

Article 1 – point 13

Regulation (EU) No 912/2010

Article 15b – paragraph 2 – subparagraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

Before appointment, the candidates on the list referred to in the first subparagraph shall be invited to make a statement before the relevant committee of the European Parliament and to answer Members' questions.

Amendment  50

Proposal for a regulation

Article 1 – point 13

Regulation (EU) No 912/2010

Article 15b – paragraph 3 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

The Administrative Board shall inform the European Parliament of its intention to extend the Executive Director's term of office. Within one month before any such extension, the Executive Director may be invited to make a statement before the relevant committees of the European Parliament and answer Members' questions.

Amendment  51

Proposal for a regulation

Article 1 – point 13

Regulation (EU) No 912/2010

Article 15b – paragraph 5

 

Text proposed by the Commission

Amendment

5. The European Parliament or the Council may call upon the Executive Director to submit a report on the performance of his tasks, and to make a statement before those institutions.

deleted

Amendment  52

Proposal for a regulation

Article 1 – point 13

Regulation (EU) No 912/2010

Article 15c

 

Text proposed by the Commission

Amendment

The Agency may also use national experts. . These experts shall have appropriate security clearances.

The Agency may make use of seconded national experts. Such experts shall have appropriate security clearances. The Staff Regulations and the Conditions of Employment of Other Servants shall not apply to such experts.

 

The Administrative Board shall adopt a decision laying down rules on the secondment to the Agency of national experts. Before adopting that decision, the Administrative Board shall consult the Security Accreditation Board with regard to the secondment of national experts involved in the security accreditation activities referred to in Chapter III and shall duly take account of its observations.

Amendment  53

Proposal for a regulation

Article 1 – point 18

Regulation (EU) No 912/2010

Article 22a – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Executive Director, as well as officials seconded by Member States and the Commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. These declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances.

1. The Administrative Board shall adopt rules for the prevention and management of conflicts of interest. Those rules shall apply to the whole Agency and shall be made public. Before adopting those rules, the Administrative Board shall consult the Security Accreditation Board and shall duly take account of its observations.

Amendment  54

Proposal for a regulation

Article 1 – point 18

Regulation (EU) No 912/2010

Article 22 a – paragraph 2

 

Text proposed by the Commission

Amendment

2. Before any meeting which they are to attend, external experts participating in ad hoc working groups shall declare the absence of any interest which might place their independence in question in view of the items on the agenda.

2. The rules referred to in paragraph 1 shall as a minimum:

 

(a) lay down a requirement for members of the Administrative Board and the Security Accreditation Board, the Executive Director, Agency staff , seconded national experts and observers to make a declaration of commitments and a declaration of any interest which might be considered prejudicial to their independence;

 

(b) require the declarations referred to in point (a) to be accurate and complete, to be made in writing on entry into service of the persons concerned and renewed in the event of a change in their personal circumstances and to be made public;

 

(c) include clear and objective criteria for assessment of the declarations made pursuant to point (a), ensure consistent application of those criteria and make provision for any such declaration to be verified should any concerns be raised in relation thereto;

 

(d) include a procedure for ensuring that any individual with an interest that might be considered prejudicial to his or her independence in relation to an item on a meeting agenda does not take part in the discussion or decision on that item;

 

(e) contain a clear and consistent policy and procedures to address breaches of the rules, including effective, proportionate and dissuasive penalties;

 

(f) provide for appropriate compulsory training on conflicts of interest for the Executive Director, all staff of the Agency, seconded national experts, and the members of the Administrative Board and the Security Accreditation Board;

 

(g) address issues relating to the situation after an individual's position with the Agency has ended.

Amendment  55

Proposal for a regulation

Article 1 – point 18

Regulation (EU) No 912/2010

Article 22a – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Administrative Board and the Security Accreditation Board shall implement a policy to avoid conflicts of interest.

deleted

Amendment  56

Proposal for a regulation

Article 1 – point 20

Regulation 2010/912/EU

Article 26 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall submit the evaluation report and its conclusions with regard to the content of this report to the European Parliament, the Council, the Administrative Board and the Security Accreditation Board of the Agency. The results of the evaluation shall be made available to the public.

2. The Commission shall submit the evaluation report and its conclusions with regard to the content of this report to the European Parliament, the Council, the Administrative Board and the Security Accreditation Board of the Agency. In addition, the Commission shall provide the European Parliament, the Council and the national parliaments with any other information on the evaluation if requested. The results of the evaluation shall be made available to the public.

Amendment  57

Proposal for a regulation

Article 1 – point 20

Regulation (EU) 912/2010

Article 26 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Where that evaluation points to shortcomings in the efficient running of the Security Accreditation Board and its independence in accomplishing the given tasks, a revision of that particular matter should be envisaged.

Amendment  58

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

This Regulation shall enter into force on the [twentieth] day following its publication in the Official Journal of the European Union.

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. It shall be consolidated with the Regulation it is amending within three months of its publication.

(1)

             OJ C 198, 10.7.2013, p. 67.


OPINION of the Committee on Budgets (19.9.2013)

for the Committee on Industry, Research and Energy

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 912/2010 setting up the European GNSS Agency

(COM(2013)0040 – C7‑0031/2013 – 2013/0022(COD))

Rapporteur: Jutta Haug

SHORT JUSTIFICATION

The Commission has proposed a regulation amending the regulation setting up the European GNSS Agency (GSA). The proposal is primarily addressing governance issues linked to security accreditation but also brings the GSA regulation in line with the Common Approach on decentralised agencies agreed in July 2012 by Parliament, Council and Commission. Furthermore, and from a budgetary perspective most relevant, are the changes proposed to the legislative financial statement to reflect the new tasks for GSA deriving from the future GNSS regulation (Regulation on the implementation and exploitation of European satellite navigation systems; COM (2011) 814). The Commission proposal for the future GNSS regulation foresaw an overall amount of EUR 7 897 million at current prices for the 2014-2020 MFF period.

After the political agreement on the next Multiannual Financial Framework, the Commission adopted on 10 July 2013 a Communication on "Programming of human and financial resources for decentralised agencies 2014-2020"(COM(2013) 519) which foresees a total EU contribution to GSA of EUR 200,2 million for the years 2014-2020. This amount is2% lower than the EUR 204,3 million the Commission had previously considered for the Agency's needs in order to fulfil its tasks as indicated in the legislative financial statement of the present draft regulation.

Your Rapporteur is seriously concerned about the Commission's general approach in the Communication and requests that the Commission present, an explanation as to how Agencies shall fulfil their tasks in the future.

Another aspect of concern is linked to the fact that from 2014 onwards the Commission will stop directly supporting Type II European Schools and that it will be up to the Agencies concerned (like GSA) to provide the necessary funding. The Commission claims that the appropriations provided so far will be transferred to the budgets of the Agencies concerned. But given the overall reductions of appropriations as a result of a lower multiannual financial framework, Agencies will face massive difficulties in providing this funding for Type II European Schools. As a consequence, Agencies such as the GSA will find it even harder to attract qualified temporary staff from all Member States.

Finally, your Rapporteur wishes to underline the problem the GSA is facing due to the correction coefficient that is applied to remunerations of the Agency's staff. Currently this factor is calculated on the average for the Czech Republic, which bears no relation to the actual costs of living in the metropolitan area of Prague.

AMENDMENTS

The Committee on Budgets calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Emphasises that any decision of the legislative authority in favour of such multiannual funding for GSA shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. Requests that the Commission present a financial statement which fully takes into account the result of the legislative agreement between the European Parliament and the Council to meet the budgetary and staff requirements of GSA and possibly of the Commission services;

Amendment  3

Draft legislative resolution

Paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. Requests that the Commission find a feasible solution to the problems the Agency might be facing with regard to the funding for Type II European Schools, as this has a direct effect on the Agency's ability to attract qualified personnel;

Amendment  4

Draft legislative resolution

Paragraph 1 d (new)

Text proposed by the Commission

Amendment

1d. Requests that, when determining the correction coefficient for staff remunerations for the Agency, the Commission not consider the Czech average but adjust to the cost of living in the metropolitan area of Prague;

PROCEDURE

Title

Amendment of Regulation (EU) No 912/2010 setting up the European GNSS Agency

References

COM(2013)0040 – C7-0031/2013 – 2013/0022(COD)

Committee responsible

       Date announced in plenary

ITRE

12.3.2013

 

 

 

Opinion by

       Date announced in plenary

BUDG

12.3.2013

Rapporteur

       Date appointed

Jutta Haug

20.2.2013

Date adopted

18.9.2013

 

 

 

Result of final vote

+:

–:

0:

35

1

0

Members present for the final vote

Marta Andreasen, Reimer Böge, Zuzana Brzobohatá, Jean Louis Cottigny, Jean-Luc Dehaene, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Ivars Godmanis, Lucas Hartong, Jutta Haug, Monika Hohlmeier, Jan Kozłowski, Alain Lamassoure, Claudio Morganti, Vojtěch Mynář, Juan Andrés Naranjo Escobar, Dominique Riquet, László Surján, Helga Trüpel, Derek Vaughan, Angelika Werthmann

Substitute(s) present for the final vote

Alexander Alvaro, Frédéric Daerden, Jürgen Klute, Paul Rübig, Peter Šťastný, Nils Torvalds, Catherine Trautmann, Adina-Ioana Vălean

Substitute(s) under Rule 187(2) present for the final vote

Elena Oana Antonescu, Andrzej Grzyb, Ivana Maletić, Marian-Jean Marinescu, Traian Ungureanu, Iuliu Winkler


OPINION of the Committee on Budgetary Control (3.10.2013)

for the Committee on Industry, Research and Energy

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 912/2010 setting up the European GNSS Agency

(COM(2013)0040 – C7‑0031/2013 – 2013/0022(COD))

Rapporteur: Inés Ayala Sender

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments into its report:

Amendment  1

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EU) No 912/2010

Article 6 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Administrative Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of other servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate these powers.

The Administrative Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of other servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall report back to the Administrative Board on these delegated powers. The Executive Director shall be authorised to sub-delegate these powers.

Amendment  2

Proposal for a regulation

Article 1 – paragraph 1 – point 4 a (new)

Regulation (EU) No 912/2010

Article 6 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) The following Article shall be inserted:

 

'Article 6a

 

Prior notification and red-flag-mechanism

 

1. A warning system shall be activated by the Commission if it has reasonable grounds for believing that the Administrative Board is about to take decisions which may not comply with the mandate of the Agency, may violate Union law or be in contradiction with Union policy objectives. In these cases, the Commission shall raise formally the question in the Administrative Board and request it to refrain from adopting the relevant decision. Where the Administrative Board sets aside the request, the Commission shall formally inform the European Parliament and the Council, with a view to reacting quickly. The Commission may request the Administrative Board to refrain from implementing the contentious decision while the representatives of the institutions are still discussing the issue.

 

2. At the beginning of each term in office, the Administrative Board shall draw up detailed provisions governing the procedure foreseen in paragraph 1. The procedure shall be approved by the Commission.

Amendment  3

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EU) No 912/2010

Article 8 – paragraph 1 – point 14

 

Text proposed by the Commission

Amendment

(14) he/she shall draw up an anti-fraud strategy for the Agency and submit it to the Administrative Board for approval.

(14) he/she shall draw up an anti-fraud strategy and a strategy for preventing and managing conflict of interests for the Agency and submit it to the Administrative Board for approval.

Amendment  4

Proposal for a regulation

Article 1 – paragraph 1 – point 9 – point b

Regulation ( EU) No 912/2010

Article 11– paragraph 7

 

Text proposed by the Commission

Amendment

7. The Security Accreditation Board shall be composed of one representative per Member State, a Commission representative and an HR representative. The term of office of the members of the Security Accreditation Board shall be four years and shall be renewable. A representative of ESA shall be invited to attend the meetings of the Security Accreditation Board as an observer. Where appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 23.

7. The Security Accreditation Board shall be composed of one representative per Member State, a Commission representative and an HR representative. Members of the Security Accreditation Board shall not be Members of the Administrative Board. The term of office of the members of the Security Accreditation Board shall be four years and shall be renewable. A representative of ESA shall be invited to attend the meetings of the Security Accreditation Board as an observer. Where appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 23.

Amendment  5

Proposal for a regulation

Article 1 – paragraph 1 – point 9 – point e

Regulation (EU) No 912/2010

Article 11 – paragraph 17

 

Text proposed by the Commission

Amendment

17. The Security Accreditation Board and the Agency staff under its supervision shall perform their work in a manner ensuring autonomy and independence in relation to the other activities of the Agency, particularly operational activities associated with the exploitation of the systems.

17. The Security Accreditation Board and the Agency staff under its supervision shall perform their work in a manner ensuring autonomy and independence in relation to the other activities of the Agency, particularly operational activities associated with the exploitation of the systems. The Security Accreditation Board shall immediately inform the Executive Director and the Administration Board of any circumstances that could hamper its autonomy and independence. The Security Accreditation Board shall immediately inform the European Parliament and the Council if no remedy has been taken.

Justification

This regulation aims to bring more independence and autonomy to the Security Accreditation Board, but does not establish a procedure to solve any potential conflict that might arise between both areas of competence (Accreditation of security and deployment and commercialisation activities). This amendment sets a two layer way of redress. First, an in-house procedure to identify and try to address problems and secondly, an obligation to inform the legislator if the Security Board understands that no remedy has been taken to put an end to circumstances that put into question its autonomy.

Amendment  6

Proposal for a regulation

Article 1 – paragraph 1 – point 13

Regulation (EU) No 912/2010

Article 15b – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

2. The Executive Director shall be appointed by the Administrative Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following publication a call for expressions of interest in the Official Journal of the European Union and elsewhere.

2. The Executive Director shall be appointed by the Administrative Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following publication a call for expressions of interest in the Official Journal of the European Union and elsewhere. Before being appointed, the candidate selected by the Administrative Board shall be invited at the earliest opportunity to make a statement before the European Parliament and to answer questions from its Members.

Justification

This amendment introduces the requirement for the candidate selected by the Administration Board to be heard by the European Parliament prior to his or her appointment in order to strengthen Parliament's rights in the appointment procedure and align it with other regulations establishing other agencies, such the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority which already have already incorporated this possibility. Furthermore, the European Parliament will soon vote to recommend Commission to change the EEA Regulation in this sense (A7-0264/2013).

Amendment  7

Proposal for a regulation

Article 1 – paragraph 1 – point 14

Regulation (EU) No 912/2010

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

2.The Court of Auditors shall have the authority to supervise beneficiaries of the Agency's funding as well as contractors and sub-contractors who have received Union funds via the Agency, on the basis of documents provided to it or on-the-spot checks.

2. The Court of Auditors shall have the authority to audit and power of audit over all beneficiaries of the Agency's funding as well as contractors and sub-contractors who have received Union funds via the Agency, on the basis of documents provided to it or on-the-spot checks.

Amendment  8

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EU) No 912/2010

Article 22a – Title

 

Text proposed by the Commission

Amendment

Conflict of interest

Conflict of interest and transparency

Amendment  9

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EU) No 912/2010

Article 22a – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Executive Director, as well as officials seconded by Member States and the Commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. These declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances.

1. The Executive Director, as well as officials seconded by Member States and the Commission on a temporary basis shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests, which might be considered prejudicial to their independence. Those declarations shall be made in writing on their entry into service and shall be renewed in the event of a change in their personal circumstances. Members and observers of the Administrative Board and the Security Accreditation Board shall also make those declarations which shall be public together with their curricula vitae. The agency shall publish on its website a list of the members of the Administrative Board and the Security Accreditation Board and a list of external and in-house experts.

Justification

There is no reason to exclude the obligation to indicate the declaration of commitments and interest to the Members and Observers of the bodies of the Agencies. For the sake of increasing transparency, this information should also be public.

Amendment  10

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EU) No 912/2010

Article 22a – paragraph 2

 

Text proposed by the Commission

Amendment

2. Before any meeting which they are to attend, external experts participating in ad hoc working groups shall declare the absence of any interest which might place their independence in question in view of the items on the agenda.

2. Before any meeting which they are to attend, external experts participating in ad hoc working groups shall declare the absence of any interest which might place their independence in question in view of the items on the agenda. The Agency shall adopt and implement a policy to evaluate and manage potential conflicts of interest of seconded national experts including prohibiting them from attending working group meetings when their independence and impartiality could be undermined. The Executive Director shall include the information relating to the implementation of that policy when reporting to the European Parliament and the Council in accordance with this Regulation.

Justification

As pointed by the Court of Auditors in its Special Report 15/2012 the Agencies should not only oblige experts to declare any potential interest on the matter dealing with, but should develop a system that allows the Agency to check the information is accurate and to develop a methodology to identify risks. As external experts are not EU Officials and are not bound on the staff regulation that provides rules for their independence, the Agency should also needs to have the legal basis to develop a policy to manage actively the participation of experts.

Amendment  11

Proposal for a regulation

Article 1 – paragraph 1 – point 18

Regulation (EU) No 912/2010

Article 22a – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Administrative Board and the Security Accreditation Board shall implement a policy to avoid conflicts of interest.

3. The Administrative Board and the Security Accreditation Board shall implement a policy to manage and avoid conflicts of interest, which shall at least include:

 

a) principles for managing and verification of the declarations of interest including rules for making them public taking into consideration Article 22;

 

b) compulsory training requirements on conflict of interest for the staff of the Agency and seconded national experts;

 

c) rules on gifts and invitations;

 

d) detailed rules for incompatibilities for staff and members of the Agency once they have ended their employment relation with the Agency;

 

e) rules of transparency on Agency's decisions including the minutes of the Boards of the Agency which shall be made public taking into consideration sensitive, classified and commercial information; and

 

f) sanctions and mechanisms to safeguard the autonomy and independency of the Agency.

 

The Agency shall take into account the need to maintain balance between the risks and the benefits, in particular as regards the objective of obtaining the best possible scientific advice and expertise, and the management of conflicts of interests. The Executive Director and the Chair of the Security Accreditation Board shall be responsible for implementing that policy in their respective areas of competence and they shall report to the Management Board and Security Accreditation Board. The Executive Director shall include the information related to the implementation of that policy when reporting to the European Parliament and the Council in accordance with this Regulation.

Justification

This amendment gives the legal ground for the Agency to implement a complete set of rules for managing and avoiding conflicts of interest. The governing bodies of the Agency shall be responsible of developing and implementing this policy taking into consideration the particularities of the Agency as well as sensitive, classified and commercial information that might be involved.

Amendment  12

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation 2010/912/EU

Article 26 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall submit the evaluation report and its conclusions with regard to the content of this report to the European Parliament, the Council, the Administrative Board and the Security Accreditation Board of the Agency. The results of the evaluation shall be made available to the public.

2. The Commission shall submit the evaluation report and its conclusions with regard to the content of this report to the European Parliament, the Council, the Administrative Board and the Security Accreditation Board of the Agency. In addition, the Commission shall provide the European Parliament, the Council and the national parliaments with any other information on the evaluation if requested. The results of the evaluation shall be made available to the public.

Amendment  13

Proposal for a regulation

Article 1 – paragraph 1 – point 20

Regulation (EU) 912/2010

Article 26 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Where the evaluation points to shortcomings in the efficient running of the Security Accreditation Board and its independence in accomplishing the given tasks, a revision on this particular matter should be envisaged.

Amendment  14

Proposal for a regulation

Article 2

Text proposed by the Commission

Amendment

This Regulation shall enter into force on the [twentieth] day following its publication in the Official Journal of the European Union.

This Regulation shall enter into force on the [twentieth] day following its publication in the Official Journal of the European Union. It shall be consolidated with the Regulation it is amending within three months of its publication.

PROCEDURE

Title

Amendment of Regulation (EU) No 912/2010 setting up the European GNSS Agency

References

COM(2013)0040 – C7-0031/2013 – 2013/0022(COD)

Committee responsible

       Date announced in plenary

ITRE

12.3.2013

 

 

 

Opinion by

       Date announced in plenary

CONT

12.3.2013

Rapporteur

       Date appointed

Inés Ayala Sender

17.4.2013

Discussed in committee

17.9.2013

 

 

 

Date adopted

2.10.2013

 

 

 

Result of final vote

+:

–:

0:

14

0

1

Members present for the final vote

Jean-Pierre Audy, Inés Ayala Sender, Martin Ehrenhauser, Jens Geier, Gerben-Jan Gerbrandy, Ingeborg Gräßle, Bogusław Liberadzki, Crescenzio Rivellini

Substitute(s) present for the final vote

Philip Bradbourn, Karin Kadenbach, Marian-Jean Marinescu, Markus Pieper, Czesław Adam Siekierski, Barbara Weiler

Substitute(s) under Rule 187(2) present for the final vote

María Auxiliadora Correa Zamora, Spyros Danellis, Wolf Klinz, Gesine Meissner


PROCEDURE

Title

Amendment of Regulation (EU) No 912/2010 setting up the European GNSS Agency

References

COM(2013)0040 – C7-0031/2013 – 2013/0022(COD)

Date submitted to Parliament

1.2.2013

 

 

 

Committee responsible

       Date announced in plenary

ITRE

12.3.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

12.3.2013

CONT

12.3.2013

TRAN

12.3.2013

 

Not delivering opinions

       Date of decision

TRAN

18.3.2013

 

 

 

Rapporteur(s)

       Date appointed

Amalia Sartori

20.2.2013

 

 

 

Discussed in committee

2.9.2013

 

 

 

Date adopted

14.10.2013

 

 

 

Result of final vote

+:

–:

0:

39

0

1

Members present for the final vote

Amelia Andersdotter, Josefa Andrés Barea, Jean-Pierre Audy, Ivo Belet, Jan Březina, Maria Da Graça Carvalho, Giles Chichester, Jürgen Creutzmann, Pilar del Castillo Vera, Christian Ehler, Vicky Ford, Adam Gierek, Norbert Glante, Fiona Hall, Edit Herczog, Romana Jordan, Philippe Lamberts, Bogdan Kazimierz Marcinkiewicz, Marisa Matias, Angelika Niebler, Jaroslav Paška, Vittorio Prodi, Herbert Reul, Jens Rohde, Paul Rübig, Salvador Sedó i Alabart, Francisco Sosa Wagner, Evžen Tošenovský, Ioannis A. Tsoukalas, Claude Turmes, Marita Ulvskog, Alejo Vidal-Quadras

Substitute(s) present for the final vote

Antonio Cancian, Rachida Dati, Françoise Grossetête, Roger Helmer, Jolanta Emilia Hibner, Werner Langen, Zofija Mazej Kukovič, Alajos Mészáros

Date tabled

5.11.2013

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