Activities of Petri SARVAMAA related to 2021/2071(INI)
Plenary speeches (1)
The creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget (debate)
Reports (1)
REPORT on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget
Amendments (17)
Amendment 18 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied; acknowledges that methodological standards should be clarified in a timely manner;
Amendment 23 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding; notes that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance; is concerned that breaches in some Member States are already fully advanced, therefore strongly urges the Commission to swiftly take all necessary preparations and actions without any undue delay;
Amendment 37 #
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;
Amendment 40 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks 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; calls on the Commission to start its reporting on the first cases under investigation to Parliament by October 2021 the latest;
Amendment 43 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Commits to a close scrutiny of the implementation of the Regulation whenever concerns arise regarding potential breaches of the principles of the rule of law in the Member States that fall within its scope; endeavours to organise regular sessions to monitor the implementation of the Regulation in the lead committees, under the guidance of the rapporteurs; calls on the Commission to respond to the scrutiny of the lead committees in a timely manner by providing thorough information;
Amendment 50 #
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 on 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; notes that the Commission’s annual rule of law report from 2020 already contains indications of breaches in several Member States that may be relevant for triggering the Regulation;
Amendment 52 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Points out that the list of conducts of Member State entities relevant to the application of the conditionality regime laid down in Article 4 of the Regulation does not exclude the potential relevance of other situations or conduct of authorities that are relevant to the sound financial management of the Union budget or the protection of the financial interests of the Union;
Amendment 62 #
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, including specifically the Parliament; calls on the Commission to provide information on how it will collect, analyse and evaluate this information when building cases;
Amendment 70 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that the scope of the Regulation covers the activities of all government entities, including Member State organisations established as a public law body or as a body governed by private law entrusted with a public service mission, as laid down in the Financial Regulation; points out that any changes in the type of governance of an entity that is entrusted with a public service mission in a Member State cannot exempt that entity from the duty to comply with the Regulation;
Amendment 79 #
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; 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; calls on the Commission to explain the modus operandi as well as procedural and technical standards regarding the examination procedure to determine in which circumstances the general regime of conditionality will be applied when sector specific measures or measures laid down in the Financial Regulation have proven to be of no avail;
Amendment 88 #
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 or the neutrality of public authorities, have in general a clear indirect impact on the proper management, spending and control of Union funds; calls on the Commission to clarify how it will select and determine the measures in cases of systemic breaches;
Amendment 95 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the Council is bound to act upon any proposal of the Commission to adopt appropriate measures under the Regulation within a period of one month, which may be extended by a maximum of two additional months in exceptional circumstances; calls on the Commission to provide information on how it will ensure a harmonised approach and coherent application of the budget conditionality across all its Directorates-General;
Amendment 106 #
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 final recipients or beneficiaries, including the obligation to make payments;
Amendment 108 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Emphasises that in cases such as severe corruption, nepotism, systemic fraud, and conflicts of interest, the Commission should evaluate on a case by case basis whether payments to recipients and beneficiaries should not be continued due to the recipients’ involvement in these breaches;
Amendment 109 #
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 and structured complaint form; calls on the Commission to explain how it will implement an efficient and effective compliant mechanism for applicants, recipients and beneficiaries;
Amendment 113 #
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 to legitimate beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards legitimate final recipients or beneficiaries;
Amendment 117 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to analyse all information at its disposal, including the use of all digital tracking tools, and do its utmost to ensure that any amount due from government entities or Member States is in fact paid to legitimate 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;