12 Amendments of Jiří HAVEL
Amendment 314 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 2 – subparagraph 1
Part 1 – article 56 – paragraph 2 – subparagraph 1
Member States shall prevent, detect and correct irregularities and fraud when executing tasks related to the implementation of the budget. To this end they shall carry out in accordance with the principle of proportionality, ex ante and ex post controls including, where appropriate, on the spot checks, to ensure that the actions financed from the budget are effectively carried out and implemented correctly,. They shall also recover funds unduly paid and bring legal proceedings as necessary. As far as Member States immediately disclose errors and / or irregularities they discover to the Commission and remedy these, they may be exempt from financial corrections concerning such errors and / or irregularities.
Amendment 320 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 3 – subparagraph 1
Part 1 – article 56 – paragraph 3 – subparagraph 1
In accordance with thecriteria and procedures laid down in sector-specific rules, a Member States authority shall accredit one or more public sector bodies which shall be solelybodies responsible for the proper management and control of the funds, for which accreditation has been grantedUnion funds. This shall be without prejudice to the possibility for these bodies to carry out tasks not related to the management of Union funds or to entrust certain of their tasks to other bodies.
Amendment 322 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 3 – subparagraph 2
Part 1 – article 56 – paragraph 3 – subparagraph 2
The accreditation shall be given by a Member State authority in accordance with sector-specific rules ensuring that the body is capable of properly managing the funds. The sector-specific rules mayshall also define a role of the Commission in the accreditation process.
Amendment 324 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 3 – subparagraph 3
Part 1 – article 56 – paragraph 3 – subparagraph 3
The accrediting authority shall be responsible for supervising the body and for taking all necessary measures to remedy any deficiency in its opmonitoring compliance of the accredited bodies with the accreditation criteria, on the basis of available audits and control results. The accrediting authority shall take all necessary measures to remedy any deficiency in the implementation of the tasks entrusted by the bodies it has accredited, including the suspension and withdrawal of the accreditation. The accredited bodies in the Member States shall: - conduct checks and put in place an effective and efficient internal control system, and - provide the Commission by 1 March of the following year with: (a) their annual accounts drawn up for the expenditure made in the execution of the tasks entrusted and presented to the Commission for reimbursement including the sums disbursed to the beneficiaries for which recovery procedures are under way; (b) a summary of the results of available audits and checks carried out, including an analysis of systemic or recurrent weaknesses as well as corrective actions taken or planned and their results; (c) a management declaration, signed at the ministerial level, providing reasonable assurance that: (i) the information contained in the accounts presents a true and fair view; (ii) the expenditure referred in the accounts has been used for its intended purpose and in accordance with the principle of sound financial management; (iii) the control procedures put in place give the necessary guarantees concerning the legality and regularity of the underlying transactions. These documents shall be accompanied by an opinion of an independent audit body, drawn up in accordance with the internation, including the suspension and withdrawal of the accreditation. ally accepted audit standards, on the contents of the management declaration. The audit body shall report if the examinations puts in doubt the assertions made in the management declaration. An annex to the opinion shall present the error rate per funds and an analysis of the errors as well as reservations. - ensure in conformity with Article 31(2), annual ex post publication of recipients of Union funds; - ensure a protection of personal data which satisfies the principles laid down in Directive 95/46/EC; If a member state has accredited more than one body with responsibility for ex ante and ex post verifications per policy area, it shall by 15 March of the following financial year provide the Commission with a synthesis report consisting of an overview at national level of all management declarations of assurance and the independent audit opinions thereon, prepared for the policy area concerned. The Member States shall bring legal proceedings as necessary and appropriate. As far as member states disclose errors and / or irregularities they discover immediately to the Commission and remedy these, they may be exempt from financial corrections concerning such errors and / or irregularities.
Amendment 326 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 4 – introductory part
Part 1 – article 56 – paragraph 4 – introductory part
4. BIn accordance with their functions, bodies accredited pursuant to paragraph 3 of this Article shall:
Amendment 328 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 4 – point b
Part 1 – article 56 – paragraph 4 – point b
(b) use an annual accounting system providing accurate, complete and reliable information in a timely manner;
Amendment 330 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 4 – point c
Part 1 – article 56 – paragraph 4 – point c
Amendment 332 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 4 – point d
Part 1 – article 56 – paragraph 4 – point d
(d) ensure, ex post publication of recipients of Union funds in conformity with Article 31(2), annual ex post publication of recipients of Union fundsd protection of personal data which satisfies the principles laid down in Directive 95/46/EC;
Amendment 334 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 4 – point f
Part 1 – article 56 – paragraph 4 – point f
Amendment 337 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 5
Part 1 – article 56 – paragraph 5
Amendment 351 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 6 a (new)
Part 1 – article 56 – paragraph 6 a (new)
6a. The Commission may decide to lift all or part of the interruption or suspension on payments after a Member State has presented its observations. The decision to lift the interruption or suspension shall be annexed to the annual activity report of the competent authorising officer by delegation.
Amendment 355 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 56 – paragraph 6 b (new)
Part 1 – article 56 – paragraph 6 b (new)
6b. Member States shall provide a national declaration on the expenditure made under the system of shared management. This declaration shall be signed at the ministerial level, and be based on the information to be provided under paragraph 5(c), and shall at least cover the effective functioning of the internal control systems in place and the legality and regularity of the underlying transactions. It shall be subject to the opinion of an independent audit body and be provided to the Commission by 15 March of the year following the budgetary year concerned. The European Court of Auditors, notably through the Contact Committee of the Supreme Audit Institutions of the European Union, shall assess the prerequisite content and methodology of national declarations and shall issue guidelines for their establishment. Where a Member State has provided a national declaration in accordance with the above provisions, this shall be taken into account in the establishment of the Commission’s audit and control strategies and the establishment of risk at Member States’ level in accordance with Article 29 it shall be forwarded to the budgetary authority in mutatis mutandis application of Article 63(9).