31 Amendments of Daniel FREUND related to 2021/2071(INI)
Amendment 3 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regards to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas the Regulation entered into force on 1 January 2021 and has been binding in its entirety and directly applicable in all Member States since that date to all payments made since the entry into force of the Regulation;
Amendment 11 #
Motion for a resolution
Recital B
Recital B
B. whereas the Commission decided to abide by the non-binding European Council conclusions of December 2020 and declared that it would develop guidelines for the application of the Regulation;
Amendment 13 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas, in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism, Parliament requested the Commission to adopt the guidelines no later than 1 June 2021 and after having consulted Parliament;
Amendment 29 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly regrets the Commission’s failure to respond to Parliament’s request and to adopt its guidelines by 1 June 2021; reiterates its call on the Commission to draft the guidelines as soon as possible in close cooperation with Parliament ; reminds the Commission that Parliament already started the necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission;
Amendment 35 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. UDeplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to avoidct without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
Amendment 36 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation and stresses the preventive aspect of the conditionality mechanism and the fact that it can serve as an ex-ante instrument;
Amendment 41 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. AskRequests the Commission to report to Parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 46 #
6 a. Calls on the Commission to clarify in the guidelines that breaches of the rule of law in a Member state which result from decisions or events that took place prior to 1 January 2021 still fall within the scope of the regulation as long as their effect is still ongoing;
Amendment 51 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in Article 3 of the Regulation; calls onurges the Commission to investigate potential occurrences of the breaches included in that list in the Member States, while pointing out that other practices or omissions by public authorities may also be relevant;
Amendment 55 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the non-effective or untimely cooperation with EPPO and OLAF constitutes a ground for action under the Regulation; stresses that in the case of EPPO, effective and timely cooperation entails not only an obligation for national authorities to actively assist and support the criminal investigations and prosecutions of EPPO but also for the national government to ensure that its European and Delegated Prosecutors are appointed in a timely and impartial manner; is also of the opinion that the systematic lack of follow-up to OLAF recommendations is an omission in the meaning of the Regulation;
Amendment 60 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that identification of breaches of the principles of the rule of law requires objective, impartial, fair and thorough qualitative assessment by the Commission, taking into account relevant information from available sources and recognised institutions; especially underlines the need to take into account final judgments of national, international and European courts, such as the European Court of Human Rights and the Court of Justice; calls on the Commission to include in its annual Rule of Law Report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way and to establish a systematic relationship between these two separate tools;
Amendment 64 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the conditionality mechanism; calls on the Commission to clarify, in the guidelines, a methodology to create a clear and direct link, when relevant, between the annual reports and the conditionality mechanism;
Amendment 66 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to set out a clear, precise and understandable system for the submission of complaints, including deadlines for the Commission’s responses to complaints;
Amendment 67 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
Amendment 73 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness; recalls that according to Article 5 of the Regulation, ‘the Commission shall verify whether applicable law has been complied with and, where necessary, take all appropriate measures to protect the Union budget’;
Amendment 75 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union; calls on the Commission to take this into account when drafting the guidelines;
Amendment 80 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in Article 7 TEU, in the Common Provision Regulation (CPR), in the Financial regulation or in other sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 81 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that measures under the Regulation are necessary in particular in cases where other procedures set out in sector-specific or financial legislation would not allow the Union budget to be protected more effectively enough; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rather that the Commission can use a wide range of procedures to protect the Union’s financial interests in the most effective and efficient manner, to be chosen on a case- by-case basis, and in parallel if needed, depending on their efficiency and effectiveness;
Amendment 84 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the Regulation covers all Union funds and applies also to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the Union budget or the protection of the financial interests of the Union, which may be difficult to address by other Union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred;
Amendment 87 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges and the judiciary or the neutrality of public authorities, and in particular, the proper functioning of public entities with a mandate to prevent and fight corruption, fraud, tax evasion and conflict of interest have in general a clear indirect impact on the proper management, spending and control of Union funds;
Amendment 94 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that Article 6(4) of the Regulation foresees the possibility for the Commission to request additional information to carry out its assessment both before and after having sent the written notification; stresses that such requests before the written notification should remain exceptional and punctual so as to not jeopardise the precise timeline for the adoption of measures provided for in the Regulation;
Amendment 97 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Transparency
Amendment 98 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Believes that transparency is essential to foster the confidence of Member States and citizens in the conditionality mechanism: points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way;
Amendment 99 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to set up, in the guidelines, the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
Amendment 100 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Believes that transparency implies, in particular: - disclosing the sources used by the Commission to trigger the Mechanism, - disclosing the content of the written notifications sent to the Members States, - disclosing the answers received from the Member States and the remedies proposed, - disclosing the Commission’s assessment leading to the potential lifting of adopted measures under the Mechanism, - keeping the European Parliament informed and involved at every step of the process to ensure the democratic scrutiny of the Mechanism and of EU funds;
Amendment 101 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that measures taken under the Regulation should be proportionate, in the light of the actual or potential impact on the sound financial management of the Union budget or the financial interests of the Union, taking into account the nature, duration, gravity and scope of the breaches of the principles of the rule of law; considers that, in general, the seriousness of that impact will reflect the seriousness of the breacheunderlines the need to take into account the degree of cooperation of the Member State concerned, or its refusal to cooperate sincerely with the Commission in the context of the procedures pursuant to the Regulation, or a possible persistence or repetition of similar breaches, despite earlier recommendations or proposals made by the EU institutions;
Amendment 107 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that, unless the decision adopting the measures states otherwise, the imposition of appropriate measures under the Regulation does not affect the obligations of Member States towards legitimate interests of final recipients or beneficiaries, including the obligation to make payments;
Amendment 110 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to implement Article 5(4) of the Regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the Commission about any breach of the legal obligation to continue making payments after measures pursuant to this Regulation are adopted, such as a simple, easy-to-use and structured complaint form;
Amendment 114 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in shared management, measures under the Regulation cannot be considered to affect the availability of funding for payments of legitimate claims to beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards final recipients or beneficiaries;
Amendment 115 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to analyse all information at its disposal and do its utmost to ensure that any amount due fromlegitimate payment claims to government entities or Member States isare in fact paid to final recipients or beneficiaries, which may entail recovering payments that have been made or making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules; stresses that anyone earmarked for corruption in the early warning system under the Financial Regulation's anti-fraud mechanism, or under investigation by OLAF or EPPO, or more broadly having any direct or indirect ties to the ruling political party, should not be considered to have legitimate claims to receive EU monies until they have been cleared in investigations against them or have cut ties with the political parties;