Activities of Ivana MALETIĆ related to 2018/0136(COD)
Plenary speeches (1)
Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (debate) HR
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States
Amendments (29)
Amendment 17 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment could be based on the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, expert opinions of the relevant European Union Agencies, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary. In order to secure transparency through meaningful and effective democratic debate, the Commission should allow the participation of interested EU citizens and stakeholders' groups, whose opinions and arguments should be taken into account in the decision-making process.
Amendment 21 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients. Any decision to enforce conditionality should provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.
Amendment 24 #
Proposal for a regulation
Recital 14
Recital 14
(14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of law, and the effects of that deficiency on the respective Union funds. The scope and level of the suspension of commitments to be imposed should be proportionate, should respect the equality of treatment between Member States, and should take into account the economic and social circumstances of the Member State concerned and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address rule-of-law conditions should be a specific factor to be taken into account.
Amendment 27 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used.
Amendment 34 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State should be allowed to submit its observations. The Commission, the European Parliament and the Council should take those observations into account.
Amendment 35 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 38 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Commission should keep the European Parliament and the Council informed of any measures proposed and adopted pursuant to this Regulation,
Amendment 44 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 45 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate measures shall be taken where a gGeneralised deficiencyies as regards the rule of law in a Member State that affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union are, in particular:
Amendment 65 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 66 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. One or more of the following appropriate measures may be adopted in the case of a generalised deficiency as regards the rule of law:
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
Article 4 – paragraph 1 – point b – introductory part
(b) where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation, in the case of a generalised deficiency as regards the rule of law, save where point ba applies:
Amendment 79 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
Article 4 – paragraph 1 – point b – point 4
Amendment 81 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 5
Article 4 – paragraph 1 – point b – point 5
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6
Article 4 – paragraph 1 – point b – point 6
Amendment 85 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) as far as ESI Funds are concerned, where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation, the measures defined in the Common Provisions Regulation should apply in the case of a generalised deficiency as regards the rule of law.
Amendment 87 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries. Any decision to enforce conditionality should provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The scope and level of the suspension of commitments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address rule-of-law conditions shall be a specific factor to be taken into account.
Amendment 99 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and expert opinions of the relevant European Union Agencies.
Amendment 103 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients. In the case of ESI funds the measures defined in the Common Provisions Regulation should apply.
Amendment 106 #
Proposal for a regulation
Recital 14
Recital 14
(14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of law, and the effects of that deficiency on the respective Union funds. Any decision to enforce conditionality should provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission considers that the generalised deficiency as regards the rule of law as defined in Article 3(2) is established, it shall submit a proposal for an implementing act on the appropriate measures to the CouncilEuropean Parliament for opinion and to the Council for decision. After taking into account the European Parliament’s opinion, the decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission. The Council, acting by a qualified majority, may amend the Commission’s proposal and adopt the amended text as a Council decision.
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decWhere the Commission shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one mconsiders that the generalised deficiency as regards the rule of law as defined in Article 3(1) is established, it shall submit a proposal for a decision on the appropriate measures to the European Parliament and to the Council for opinion. Taking into account the European Parliament and Council opinions, the Commission shall take a decision on th of its adoption by the Commissione appropriate measures, or a decision not to enforce the rule-of-law conditionality.
Amendment 125 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2.
Amendment 128 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall immediately inform the European Parliament and the Council of any measures proposed or adopted pursuant to Articles 4 and 5.
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
Article 4 – paragraph 1 – point b – introductory part
(b) where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation, except for the ESI funds where the measures defined in the Common Provisions Regulation shall apply:
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
Article 4 – paragraph 1 – point b – point 4
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6
Article 4 – paragraph 1 – point b – point 6
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries. Any decision to enforce conditionality shall provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.