Activities of Barbara SPINELLI related to 2016/0282(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union and amending Regulation (EC) No 2012/2002, Regulations (EU) No 1296/2013, (EU) 1301/2013, (EU) No 1303/2013, EU No 1304/2013, (EU) No 1305/2013, (EU) No 1306/2013, (EU) No 1307/2013, (EU) No 1308/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, (EU) No 652/2014 of the European Parliament and of the Council and Decision No 541/2014/EU of the European Parliament and of the Council
Amendments (16)
Amendment 9 #
Proposal for a regulation
Recital 105
Recital 105
(105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation, audit or control or an official or an agent of a Union institution is in such a situation. All persons or entities potentially subject to conflict of interest should be encouraged to publish their declarations of interest, instead of a declaration of absence of conflict of interest. A self-evaluation of conflict of interest is a conflict of interest in itself. Therefore, the evaluation of conflict of interest should be done by an independent third party. In cases where an economic operator attempts to unduly influence a procedure or obtain confidential information, this should be treated as grave professional misconduct. In addition, economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest. For instance, a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified. A record of all cases of conflict of interest and revolving door identified in the Union institutions should be published on a regular basis.
Amendment 10 #
Proposal for a regulation
Recital 108
Recital 108
(108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators. All Union institutions conducting public procurement should publish clear rules on their websites regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 11 #
Proposal for a regulation
Recital 113
Recital 113
(113) A contracting authority should be able to cancel a procurement procedure before the contract is signed, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim compensation. This should be without prejudice to situations where the contracting authority has acted in such a way that it may be held liable for damages in accordance with the general principles of Union law.
Amendment 16 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Programmes and activities which entail significant spending shall be subject to ex-ante and retrospective evaluation ("evaluation"), which shall be proportionate to the objectives and expenditure.
Amendment 17 #
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. Result indicators and measurable targets based on the activities undertaken shall be defined at policy and project levels. Qualitative and quantitative indicators shall be established. Such indicators shall be stable over time and be comparable in order to measure the impact of Union funds and the achievement of their objectives. Quantified data shall be systematically collected.
Amendment 18 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. R3. Ongoing and retrospective evaluations shall assess the performance of the programme or activity, including aspects such as effectiveness, efficiency, coherence, relevance and EU added value. They shall be undertaken periodically and in sufficient time for the findings to be taken into account in ex-ante evaluations which support the preparation of related programmes and activities.
Amendment 19 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Any amendment to a proposal or initiative submitted to the legislative authority which may have appreciable implications for the budget, including changes in the number of posts, shall be accompanied by a financial statement prepared by the institution proposing the amendment.
Amendment 20 #
Proposal for a regulation
Article 45 – paragraph 3 – subparagraph 1 – point a a (new)
Article 45 – paragraph 3 – subparagraph 1 – point a a (new)
(a a) For optimal transparency and clarity, dedicated budget lines of the draft budget shall reflect individual key objectives or priorities of Union funding, or both. A single budget line in the Union budget shall not correspond to the financing of several main objectives or priorities in the same Union trust fund.
Amendment 21 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. Citizens mayand civil society organisations shall be consulted on the implementation of the Union budget by the Commission, Member States or any other entity implementing the Union budget. Effective partnership principles for civil society organisations shall be established, securing the involvement of such organisations in the preparation, planning, monitoring, implementation and evaluation of funding at both national and Union level.
Amendment 22 #
Proposal for a regulation
Article 68 – paragraph 3 a (new)
Article 68 – paragraph 3 a (new)
3 a. All members of steering committees and boards of decentralised or executive Union agencies shall publish on an annual basis a "declaration of interests" on the website of their agency. To ensure clarity with regard to such declarations, the Commission shall provide a template for such "declarations of interests" which may be adapted for each agency.
Amendment 23 #
Proposal for a regulation
Article 131 – paragraph 3 a (new)
Article 131 – paragraph 3 a (new)
3 a. In order to have an efficient early detection and exclusion system, clear rules shall be put in place for a real protection of whistle-blowers. Regular reports on whistle-blowers cases handled and finalised shall be published by relevant bodies.
Amendment 25 #
Proposal for a regulation
Article 174 – paragraph 2 – subparagraph 2
Article 174 – paragraph 2 – subparagraph 2
In the case of an operating grant, the grant shall take the form of a financial contribution to the work programme of the body. Direct grants shall not preclude smaller structures, especially NGOs, from accessing Union funding. The Commission and Member States should keep a balance between large-scale and small-scale projects.
Amendment 27 #
Proposal for a regulation
Article 182 – paragraph 1 – point e a (new)
Article 182 – paragraph 1 – point e a (new)
(e a) effective partnership principles for civil society organisations shall be established, securing their involvement in preparation, planning, monitoring, implementation and evaluation of funding at both national and Union levels.
Amendment 28 #
Proposal for a regulation
Article 183 – paragraph 2
Article 183 – paragraph 2
2. All grants awarded in the course of a financial year shall be published in accordance with paragraphs 1 to 4 of Article 36. In addition, all Union institutions conducting public procurement shall publish on their websites clear rules regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.
Amendment 29 #
Proposal for a regulation
Article 184 – paragraph 1 – subparagraph 2
Article 184 – paragraph 1 – subparagraph 2
Co-financing may take the form of the beneficiary’s own resources, income generated by the action or work programme or financial or in-kind contributions from third parties. Co- financing requirements shall be reduced for small entities such as NGOs. Member States shall be invited to take responsibility for providing matching funds for supported activities led by those actors and carry out systematic pre- financing of successful applicants.
Amendment 36 #
Proposal for a regulation
Article 227 – paragraph 3 – point b a (new)
Article 227 – paragraph 3 – point b a (new)
(b a) The use of Union trust funds should be limited and such trust funds shall not be a standard financial instrument at Union level. In any event, Union trust funds shall be established only when it is indispensable to conduct the actions targeted. Where trust funds are set up with third countries, they shall not be linked to the capacity or the willingness of the third countries concerned to collaborate in migration control, for example through readmission clauses