Activities of Luke Ming FLANAGAN related to 2020/2140(DEC)
Shadow reports (1)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section III – Commission and executive agencies
Amendments (148)
Amendment 23 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights, with regard to the implementation of the Union budget, the importance of respect of the rule of law as a precondition for complying with the principle of sound financial management as enshrined in Article 317 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 59 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. is particularly worried by the conclusions of the Court on the non reliability of data from national authorities which make the data of the Commissions AMPR 2019 non reliable.
Amendment 65 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. reiterates its serious concerns about the new record level of outstanding commitments, requesting again to the Commission to closely monitor the implementation by Member States in the case of under-implementation and low absorption rates; invites again the Commission to increase the technical support to national, regional or local authorities, including civil society organisations and citizens, in order to get better absorption’s rates1a; _________________ 1a Para 17 of the 2018 discharge resolution
Amendment 66 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Regrets the concentration of the majority of CAP direct payments in the hands of few recipients in some Member States, including where oligarch structures are created, undermining in particular the small farmers and the rural communities;
Amendment 67 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. recall the need for a fairer distribution of the CAP funds ensuring that they are distributed in a such a manner, that payments per hectare are on a reducing scale relative to the size of the holding/farm;
Amendment 68 #
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. is worried about the reported cases of land grabbing in some Member States and reiterates its call on the Commission to put in place an effective control system which would ensure that the beneficiaries entitled to the CAP funds are only those who farm the land and do not reach any beneficiaries who acquired the land by illegal or fraudulent means; in this regards reiterates its request for a specific complaint mechanism at Union level to support farmers or beneficiaries confronted, for example, with land- grabbing malpractices, misconduct of national authorities, pressure from criminal structures or organised crime, or persons who are subject to forced or slave labour, giving them the opportunity to swiftly lodge a complaint with the Commission, which the Commission should check as a matter of urgency2a. _________________ 2a Para 23 of the 2018 discharge resolution
Amendment 72 #
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. reiterates its concerns that the increase use of financial instrument to deliver EU policies in third countries undermine the level of accountability and transparency of Union action; insists that the Commission ensure that the delivery of external aid is subject to the rule of law and respect for human rights in recipient countries3a; _________________ 3a Para 32 of the 2018 discharge resolution
Amendment 73 #
Motion for a resolution
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Reminds that development and cooperation policy are meant to eradicate poverty and reduce inequality and should reach only its intended beneficiaries;
Amendment 74 #
Motion for a resolution
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Is particularly worried about Petition number 0655-2020 calling the Parliament to investigate a possible misuse and mismanagement of Union funds by the European Commission through the EUTFA’s "Support to Integrated border and migration management in Libya" programme; request a serious investigation into the possible illegal use of European development funds for non-development objectives such as border control;
Amendment 97 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. regrets that the Court does not qualify the impact of the corrective measures on the overall level of error, but only on specific headings; underlines that this reduces the quality of the evaluation by the Court and the scrutiny of the Parliament;
Amendment 100 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the Court decision to raise the share of high risk expenditures in its sample, which are materially affected by an ever raising error rate (4,9% in 2019, versus 4.5% in 2018 3.7% in 2017); regrets that the error rate is not clearly quantified for the entitlement payments;
Amendment 105 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Court provided in 2019 specific error rates for fourthree MFF headings: ‘Competitiveness’, ‘Cohesion’, ‘Natural resources’ andwhile for ‘Administration’ the Court estimates the level of error to be below the materiality threshold; points out that, in 2019, the Court found the highest estimated level of error in spending under ‘Economic, social and territorial cohesion‘ (4,4 %), with spending on ‘Competitiveness for growth and jobs’ reaching the worrying error rate of 4% (compared to 2% in 2017);
Amendment 107 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Request the Court to extend its chapter on "Administration" in order to have a more in-depth analysis on all institutions; invites the Court to implement as soon as possible the Parliament request for a specific independent annual report on the Union Institutions; welcome the reflection of the Court on this regards and hope this will be reflected in the Court’s strategy for the 2021-2025 period
Amendment 110 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Court did not estimate levels of error for areas of expenditure under MFF headings 3 ‘Security and citizenship’ and 4 ‘Global Europe’; points out that the provision of error rates would allow comparability between financial years; in this regards regrets that the sample for relevant chapter 7 and 8 is further reduced compared to last years (from 11% in 2017 to 9.1% in 2018 to 8,9% in 2019 of the expenditures covered by the audit);
Amendment 114 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Court audited transactions worth a total of EUR 126,1 billion (out of EUR 159,1 billion of total Union spending), and that ‘Natural resources’ made up the largest share (47,2 %) of the Court’s overall audit population, followed by ‘Cohesion’ (22,5 %) and ‘Competitiveness’ (13,2 %); reminds its suggestion to the Court to consider both the share of the total EU expenditure and error related risk when deciding the division of the next audit share of population;
Amendment 128 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the fact that outstanding commitments have continued to grow, reaching EUR 298,0 billion at the end of 2019 (compared to EUR 281,2 billion in 2018); notes that the level of payment appropriations in the annual budgets has been noticeably lower than the MFF ceiling in recent years, which might lead to higher payment needs in the future representing a serious risk for the EU budget; invites the Commission to further assists Member states to find eligible projects in order to accelerate the absorption rate;
Amendment 136 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Regrets that the annual report for 2019 on the FISMs was published after the deadline defined in the relevant Regulation4a; shares the view of the Court that the relevance of the Commission’s reporting on FISMs is reduced because its annual report on FISMs is published too late; _________________ 4aArticle 46 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 (OJ L 347, 20.12.2013)
Amendment 143 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Reiterates its support to the Court request that EIB be subject to an independent external examination of the EIB and for the ECA to be empowered to audit all EIB operations, including evaluating the cost-effectiveness of its investment efforts and the additionality of its projects, and for these audits to be made public’; also calls on the ECA to draw up recommendations on the results of the EIB’s external lending activities
Amendment 148 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the main financial risks to which the Union budget was exposed to in 2019 were associated with financial operations in form of loans covered directly by the Union budget (53,7 %), and financial operations covered by an Union guarantee fund (46,3 %); observes with regret that the amount of total risk reported by the Commission does not include EFSI related operations, therefore it does not reflect the real financial exposition of the EU budget; highlights that, when adding the possible future payments relating to the EFSI (European Fund for Strategic Investments) guarantee, the amount of the total risk borne by the Union budget reached EUR 90,5 billion by the end of 2019;
Amendment 161 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that the Court finds that the Commission has satisfactory procedures for the production of its annual management and performance report and programmes' performance overview; agrees with the Court that the Commission should continue to report on programme performance after the end of an MFF period, for at least as long as substantial amounts of payments related to a given MFF period are being made;
Amendment 164 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the Commission to continue to improve the reliability and accessibility of performance information as a vital tool for assessing the success of programmes; this should include the dissemination of lessons learnt from the Regulatory Scrutiny Board, especially those concerning design and methodology;
Amendment 166 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Is worried about the Court evaluation that the monitoring data from Member States, on which the Commission AMPR and the programmes statements are based, is not fully reliable;
Amendment 187 #
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Requests the Commission make sure that the AMPR is fully reliable and not based on projections;
Amendment 188 #
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
38 b. regrets in particular that the Court had to report again concerns about the reliability of the AMPR in the Cohesion areas, because of shortcomings of the audit authorities work and the issues identified regarding the residual error rates reported in the DG EMPL and DG REGIO AARs
Amendment 189 #
Motion for a resolution
Paragraph 38 c (new)
Paragraph 38 c (new)
38 c. Expresses disagreement with the Commission’s evaluation of its methodology in calculating the error rate; despite acknowledging that the risks at payments used in the AMPR by the Commission is the closest to the ECA estimate of level of error, it is to be noted that important elements makes that the error rate by ECA and the Commission hugely differs; therefore reiterates its request to align quickly its methodology to the one used by the Court and to provide the budgetary control authority with only one error rate corresponding to the risk at payment (error rate at payment); calls on the Commission to disclose separately an estimate of the future corrections (residual error rate); urges the Commission to apply a coherent terminology across all DGs when reporting on these two estimates;
Amendment 190 #
Motion for a resolution
Paragraph 38 d (new)
Paragraph 38 d (new)
38 d. Calls on the Commission to take the necessary measures to obtain reliable data from the Member States concerning the error rate at payment; calls on the Commission to make appropriate adjustments in a timely manner if deficiencies are detected in Member States’ controls;
Amendment 199 #
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
Amendment 201 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Is concerned about weaknesses identified by the Court in the Member States’ collection of TOR in particular in the management of established duties not yet collected by national authorities; notes that in the Member States visited by the Court there are particular delays in notifying customs debts (in Poland), late enforcement of the recovery of such debts (in Belgium, Germany and Poland), and insufficient documentation to confirm the correctness of duties booked in the accounts (in Germany);
Amendment 207 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. NoteRegrets that, according to the Commission’s assessment, 24 of the 28 Member States had partially satisfactory or unsatisfactory control strategies for targeting the undervaluation risks, bringing the Court to identify important weaknesses in Member States’ controls to reduce the customs gap;
Amendment 214 #
Motion for a resolution
Paragraph 50
Paragraph 50
50. Notes that 54 long-outstanding TOR open points verified by the Court out of 122 revealed that the Commission’s follow-up and closing of such points took excessive time, showing weaknesses in the follow-up of TOR shortcomings detected in Member States; regrets the fact that the Commission had not established a follow- up system prioritising TOR open points according to significance (either in terms of financial impact, or of systemic significance in the case of non-financial shortcomings);
Amendment 220 #
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Regrets the dragging out of this process and is worried about the possible recovery of the due amounts from UK after BREXIT;
Amendment 226 #
Motion for a resolution
Paragraph 59
Paragraph 59
59. Is deeply concerned that based on the 28 errors the Court has quantified, the estimated level of error is material, being at 4,0 %; recalls that this figure is close to the rates the Court found in 2015, 2016 and 2017, but much higher than in 2018 when the estimated level of error was 2%;
Amendment 256 #
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71 a. Takes note of the Court Conclusions on the Performance of Horizon 2020, in particular: − The information available is too limited to be able to fully assess the performance of Horizon 2020 at the end of 2019;nevertheless there is no indication that performance is at risk and examples of successful projects are plentiful; − In contrast to effectiveness, information on the programme’s relevance, coherence and EU added value is available to a considerable degree.There is a strong case that Horizon 2020 is relevant, as it is addressing the needs it is supposed to address; − The AMPR addresses the performance of Heading 1a only in a very general manner;
Amendment 266 #
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Take notes of the Court evaluation that EFSI reinforced some EU programme but temporary overlapped with others;
Amendment 270 #
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
82 a. Recall the important role of the spending under MFF heading 1b"economic, social and territorial cohesion", which focuses on reducing development disparities between the different Member States and regions of the EU and strengthening all regions’ competitiveness
Amendment 295 #
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. reiterates its dissatisfaction about the different use of methodologies by the Court and the Commission when establishing their respective opinion on the legality and regularity of financial transactions
Amendment 296 #
93 b. regrets that the Commission is not respecting the deadlines set in the relevant Regulation7a when it comes to the publication of the annual report on "Financial instruments under the ESI Funds"; reiterates the Parliament’s request to publish the report by October in order to include its findings in the discharge procedure; expect the Commission to respond positively to this specific request in order to increase transparency; _________________ 7aArticle 46 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 (OJ L 347, 20.12.2013)
Amendment 312 #
Motion for a resolution
Subheading 16 a (new)
Subheading 16 a (new)
Czech Republic
Amendment 313 #
Motion for a resolution
Paragraph 93 c (new)
Paragraph 93 c (new)
93 c. Is particularly worried that the European Commission finalised an auditing procedure which has confirmed serious breach of conflict of interest legislation in Czech Republic
Amendment 314 #
Motion for a resolution
Paragraph 93 d (new)
Paragraph 93 d (new)
Amendment 315 #
Motion for a resolution
Paragraph 93 e (new)
Paragraph 93 e (new)
93 e. Expects the Commission to inform the Parliament and the Committee on Budgetary Control on the Czech government repose to the recommendations included in the report; Is worried that the 3 months from the audit report is translated into Czech deadlines has already passed, with no development from the Commission
Amendment 326 #
Motion for a resolution
Paragraph 94 – indent 2 a (new)
Paragraph 94 – indent 2 a (new)
- provide an error rate at payments and not residual error rate in order to improve the evaluation of the scrutiny;
Amendment 327 #
Motion for a resolution
Paragraph 94 – indent 2 b (new)
Paragraph 94 – indent 2 b (new)
- continue its cooperation with the Court in order to further align audit methodologies and interpretation of legal texts.
Amendment 328 #
Motion for a resolution
Paragraph 94 – indent 2 c (new)
Paragraph 94 – indent 2 c (new)
Amendment 329 #
Motion for a resolution
Paragraph 94 – indent 2 d (new)
Paragraph 94 – indent 2 d (new)
- pay particular attention to framework agreements awarded through public procurement procedures, as fraud and corruption related to them represent an increased risk for the financial interests of the Union.
Amendment 330 #
Motion for a resolution
Paragraph 94 – indent 2 e (new)
Paragraph 94 – indent 2 e (new)
- reduce the backlog in commitments as swiftly as possible.
Amendment 331 #
Motion for a resolution
Paragraph 94 – indent 2 f (new)
Paragraph 94 – indent 2 f (new)
- specify in the AARs how the amounts effected by ex post financial corrections imposed by Member States and by the Commission were reused, particularly in those cases where fraud, corruption or other criminal activity was involved.
Amendment 332 #
Motion for a resolution
Paragraph 94 – indent 2 g (new)
Paragraph 94 – indent 2 g (new)
- publish the 2020 annual report on the "Financial instruments under the ESI Funds" without delay, and by October 2021 in order to allow tits findings to be included into the discharge procedure;
Amendment 333 #
Motion for a resolution
Paragraph 94 – indent 2 h (new)
Paragraph 94 – indent 2 h (new)
- develop a strong strategy against conflicts of interest of high-level politicians; develop together with the Member States effective legal instruments to avoid fostering oligarch structures drawing on Union cohesion funds;
Amendment 334 #
Motion for a resolution
Paragraph 94 – indent 2 i (new)
Paragraph 94 – indent 2 i (new)
- inform the Parliament on any further developments in the conflict of interest case reported in the DG REGIO Audit Report on Czech Republic;
Amendment 344 #
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94 a. Recalls that the ERDF and the CF support the EU’s economic, social and territorial cohesion policy (EU cohesion policy), which aims to strengthen economic and social cohesion within the EU by reducing gaps in the level of development between different regions;
Amendment 356 #
Motion for a resolution
Paragraph 98
Paragraph 98
98. Is deeply concerned that for the 2007-2013 period, while an ex post evaluation of the ERDF/CF was designed to draw conclusions on the overall impact of the programmes and to draw qualitative overall conclusions, it did not draw conclusions on the achievement of objectives or targets; moreover, neither did it systematically analyse synergies between ERDF/CF funding and the implementation of Union sectoral policies, which would have helped to shed light on cohesion policy contributions to the achievement of Europe 2020 strategic objectives;
Amendment 415 #
Motion for a resolution
Paragraph 119
Paragraph 119
119. Finds it worrying that of the 251 transactions examined7 , 44 (18 %) contained errors while 207 (82 %) were error-free; is concerned that based on the 36 errors ECA has quantified and other evidence produced by the control system ECA finds the level of error for ‘Natural resources’ to be close to the materiality threshold; with an estimated most likely level of error at 1, 9% ; _________________ 7The sample consisted of 136 payments under rural development programmes, 95 direct payments, 14 market measures and 6 payments for fisheries, the environment and climate action.
Amendment 434 #
Motion for a resolution
Subheading 21 a (new)
Subheading 21 a (new)
Anti-fraud policies and procedures in the CAP
Amendment 435 #
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127 a. Underlines that fraud is an act or omission committed with an intention to mislead, resulting in undue payments;
Amendment 436 #
Motion for a resolution
Paragraph 127 b (new)
Paragraph 127 b (new)
Amendment 437 #
Motion for a resolution
Paragraph 127 c (new)
Paragraph 127 c (new)
127 c. Reminds that as the CAP is under shared management, both the Commission and the Member States are responsible for addressing fraud issues; on the Commission side, takes note that DG AGRI provides training and guidance on fraud risks for Member State management and control bodies, while the Commission’s anti-fraud office (OLAF) investigates suspected fraud cases in cooperation with national investigative bodies;
Amendment 438 #
Motion for a resolution
Paragraph 127 d (new)
Paragraph 127 d (new)
127 d. Regrets that the Court found that DG AGRI had last updated its fraud risk analysis only in 2016; shares the court recommendation to the Commission to update its analysis of CAP fraud risks more frequently;
Amendment 439 #
Motion for a resolution
Paragraph 127 e (new)
Paragraph 127 e (new)
127 e. Is extremely worried that neither OLAF nor DG AGRI assessed Member States’ measures to prevent and fight fraud in CAP spending;
Amendment 440 #
Motion for a resolution
Paragraph 127 f (new)
Paragraph 127 f (new)
127 f. Supports the Court recommendation to disseminate best practices in the use of Arachne to further encourage its use by paying agencies.
Amendment 441 #
Motion for a resolution
Subheading 21 b (new)
Subheading 21 b (new)
Fair CAP allocation
Amendment 442 #
Motion for a resolution
Paragraph 127 g (new)
Paragraph 127 g (new)
127 g. insists that larger farm incomes do not necessarily need the same degree of support for stabilising farm incomes as smaller farms in time of income volatility crisis since they may benefit of potential economies of scale, which are likely to be resilient; believes that the Commission should take steps to ensure that CAP funds are distributed in a weighted manner, such that the payments per hectare are on a reducing scale relative to the size of the holding/farm13a; _________________ 13aParagraph 258 of the discharge resolution in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III – Commission and executive agencies
Amendment 443 #
Motion for a resolution
Paragraph 127 h (new)
Paragraph 127 h (new)
127 h. urges the Commission to ensure that the CAP is fairly allocated to active farmers and does not result in land deals that benefit a select group of political insiders often called ‘the oligarchs’; calls on the Commission to take stock of breaches, circumventions and unintended consequences of the CAP current allocation rules; notes the importance of a transparent and strong governance system and further calls on the Commission to increase efforts to prevent and detect fraud14a; _________________ 14aParagraph 260 of the discharge resolution in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III – Commission and executive agencies
Amendment 444 #
Motion for a resolution
Subheading 21 c (new)
Subheading 21 c (new)
Conflict of interests, land-grabbing and concentration of land
Amendment 445 #
Motion for a resolution
Paragraph 127 i (new)
Paragraph 127 i (new)
127 i. Call on the Commission to report to the Parliament the results of the DG AGRI Audit procedure on the case of conflict of interest in the Czech Republic; requests that particular attention is put on payments made to companies directly and indirectly owned by the Czech Prime Minister or other Members of the Czech Government;
Amendment 446 #
Motion for a resolution
Paragraph 127 j (new)
Paragraph 127 j (new)
127 j. calls on the Commission to better analyse Member State legislation and policies to prevent land grabbing and to formulate guidance on best practices; invites the Member States to apply good legislative practices aimed at restricting land grabs; calls on the Commission to increase efforts to prevent and detect fraud; urges Member States, together with the Commission, to develop proper Union- level legal instrument to prevent land- grabbing.
Amendment 447 #
Motion for a resolution
Paragraph 127 k (new)
Paragraph 127 k (new)
Amendment 485 #
Motion for a resolution
Paragraph 128 – indent 3 – point e a (new)
Paragraph 128 – indent 3 – point e a (new)
e a. Assessing how much support is going to beneficiaries outside the target group could improve policy design and increase the efficiency of the CAP. This would involve identifying CAP funds paid to farmers whose income from farming exceeds the average income from farming and funds paid to beneficiaries whose main economic activity is not farming. Such data could also help to identify claims involving significant concentration of land (potentially representing ‘land- grabbing’). In addition, direct payments have contributed to increased land rents in some Member States, in particular for low-productivity lands. Evaluators have recommended that the Commission investigate direct payments’ impact on the increase of land rents and appropriate countermeasures;
Amendment 542 #
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Is particularly worried by the opening of an inquiry by the European Ombudsman into the lack of European Commission oversight on abuses of migrants on the border in Croatia, following a complaint by Amnesty International, which documented widespread abuse over the years of migrants and asylum seekers trying to enter Croatia;
Amendment 543 #
Motion for a resolution
Paragraph 129 b (new)
Paragraph 129 b (new)
129 b. is worried by the findings that suggest Croatia is engaging in collective expulsions, denying people the right to claim asylum, and beating and humiliating others; regrets that the Commission has filed to conduct any meaningful inquiry into the alleged abuse by the Croatian authorities and granted additional top-up funding in 2019 for border surveillance through ISF delegated acts and EMAS grants in full knowledge of the risks of violation of fundamental rights; expect that at least the already announced mission to ensure Croat border guards comply with fundamental rights, which was delayed because of the pandemic, will be sent as a matter of urgency, considering the dire situation of migrants in the border;
Amendment 544 #
Motion for a resolution
Paragraph 129 c (new)
Paragraph 129 c (new)
129 c. recalls that EU funding instruments for border management require all actions funded to respect and comply with the Charter of Fundamental Rights; insists therefore that any future emergency assistance related to border management granted to Croatia should be granted only after a monitoring mechanism is implemented and an assessment that serious deficiencies, such as the violation of article 4 of the Schengen Borders Code, are urgently remedied.
Amendment 546 #
Motion for a resolution
Paragraph 129 d (new)
Paragraph 129 d (new)
129 d. Regrets that the Court’s audit scope for MFF heading 3 ‘Security and citizenship’ was designed to contribute to the overall statement of assurance, rather than to be representative of spending under this heading; reminds that the pubic and political interest in this area is far higher than its financial share; reiterates its request to the Court to clearly estimate the error rate for the chapter Security and Citizenships
Amendment 581 #
Motion for a resolution
Paragraph 141
Paragraph 141
Amendment 582 #
Motion for a resolution
Paragraph 141 a (new)
Paragraph 141 a (new)
141 a. Reminds that performance information on the AMIS is based on data provided by Member States in their annual reports on the implementation of their national programmes, take notes that in 2019, the Commission’s internal audit service identified the need to strengthen its monitoring of the implementation of national programmes, and to improve the reliability and consistency of the data reported by Member States;
Amendment 583 #
Motion for a resolution
Paragraph 141 b (new)
Paragraph 141 b (new)
141 b. Regrets that targets are only the cumulative figures set by the Member States, without any quantified need being included in the performance reporting framework.; take notes that because this lack, the court cannot assess what proportion of total needs AMIF and Member States have met;
Amendment 585 #
142. Is deeply concerned that only limited, aggregated performance information is available on the overall EMAS20 related spending (initial allocation of EUR 100 million was increased to EUR 2,2 billion for the period to 2020, representing 30 % of the fund, however, the Commission has not developed a performance monitoring framework for EMAS funded projects); _________________ 20 AMIF emergency assistance
Amendment 587 #
Motion for a resolution
Paragraph 143
Paragraph 143
143. Is deeply concerned that the AMPR and programme statementsTakes note that the information available points to the relevance of spending and its EU added-value, but indicators defined do provide little information about economy and efficiency in implementing the fund, or about the cost effectiveness of AMIF actions;
Amendment 588 #
Motion for a resolution
Paragraph 143 a (new)
Paragraph 143 a (new)
143 a. Reminds that the creation of a Common European Asylum System is only possible through a political consensus which is clearly missing;
Amendment 589 #
Motion for a resolution
Paragraph 143 b (new)
Paragraph 143 b (new)
143 b. Is concerned that backlog to process asylum applications by Members States as well as serious deficiencies in the implementation of EU asylum acquis still persists;
Amendment 590 #
Motion for a resolution
Paragraph 143 c (new)
Paragraph 143 c (new)
143 c. Reminds that resettlement is a safe and legal pathway for refugees to enter the EU and that, according to UNHCR, 1.44 million are in need of resettlement globally; is concerned that the EU only resettled 9,000 refugees in 2019; highlights in this regard that, AMIF remains below its own target;
Amendment 591 #
Motion for a resolution
Paragraph 143 d (new)
Paragraph 143 d (new)
143 d. takes note that the AMPR and the programme statements give a positive picture of what AMIF has achieved for activities relating to integration, with over 6 million individuals benefitting from integration measures; unfortunately though, their long-term impact cannot yet be known also because significant differences remain between in migrants’ employment prospects and those of EU nationals.; await the ex post evaluation which will be published in 2024;
Amendment 593 #
Motion for a resolution
Paragraph 144
Paragraph 144
144. Is deeply concerned that the AMPR and programme statements do not report on measures aiming to attract highly-skilled workers to the Union through legal migration schemes and the indicators are not suitable for reporting on such measures;
Amendment 596 #
Motion for a resolution
Paragraph 145
Paragraph 145
145. Is deeply concerned that the AMIF indicators are not on track to meet their targets in terms of ratio of irregular migrants returned to return decisions issued, voluntary returnees and removn term of returns policy, seconds the Court evaluation that voluntary returns are preferable because they are less damaging to relations with non-EU countries and are more cost-effective than forced returnees;s
Amendment 599 #
Motion for a resolution
Paragraph 146
Paragraph 146
146. Is deeply concerned thtakes note that the Court evaluate the return rate for individuals who no longer have the right to stay on Union territory is unsatisfactory (31,5 %); considers that ultimately, the effective implementation of return strategies depends to a large extent on the political context30a; _________________ 30aparagraph 5.39 of the Report of the European Court of Auditors on the performance of the EU budget - Status at the end of 2019
Amendment 601 #
Motion for a resolution
Paragraph 147
Paragraph 147
Amendment 604 #
Motion for a resolution
Paragraph 147 – indent 1
Paragraph 147 – indent 1
Amendment 605 #
Motion for a resolution
Paragraph 147 – indent 2
Paragraph 147 – indent 2
Amendment 606 #
Motion for a resolution
Paragraph 147 – indent 3
Paragraph 147 – indent 3
Amendment 607 #
Motion for a resolution
Paragraph 147 – indent 4
Paragraph 147 – indent 4
Amendment 608 #
Motion for a resolution
Paragraph 147 – indent 5
Paragraph 147 – indent 5
Amendment 609 #
Motion for a resolution
Paragraph 147 – indent 6
Paragraph 147 – indent 6
Amendment 610 #
Motion for a resolution
Paragraph 147 – indent 7
Paragraph 147 – indent 7
Amendment 611 #
Motion for a resolution
Paragraph 147 – indent 8
Paragraph 147 – indent 8
Amendment 612 #
Motion for a resolution
Paragraph 147 – indent 9
Paragraph 147 – indent 9
Amendment 613 #
Motion for a resolution
Paragraph 147 – indent 10
Paragraph 147 – indent 10
Amendment 614 #
Motion for a resolution
Paragraph 147 a (new)
Paragraph 147 a (new)
147 a. Is deeply concerned that the assessment of factors leading to a relatively low return rate is not based on an impact assessment that the European Commission should have carried out; stresses the inherent risks in this regard for Member States to violate fundamental rights because of a disproportionate focus on increasing the return rates at all costs;
Amendment 617 #
Motion for a resolution
Paragraph 148 a (new)
Paragraph 148 a (new)
148 a. Expresses its deep concern about the repeated and documented Frontex’s involvement in pushbacks; stresses the seriousness of these illegal actions performed by Frontex vessels and condemns any potential complicit behaviour in maritime pushback operations; considers that internal reporting mechanisms, as well as parliamentary and public scrutiny over Frontex’s activities, must be reinforced; Calls on the Commission, as guardian of the Treaties, to firmly demand an independent investigation regarding these reports and the way in which Frontex’s operations are monitored to ensure compliance with international legislation and the principles and values regarding the protection of those at risk at sea;
Amendment 618 #
Motion for a resolution
Paragraph 148 b (new)
Paragraph 148 b (new)
148 b. Deplores the restricted access by some Member States of existing national human rights institutions to border facilities and areas impeding them to exercise their mandate to monitor respect of fundamental rights and the rule of law at the external borders; calls for the establishment of an EU-wide mechanism where independent and competent national human rights institutions, and NGOs, EU agencies such as the FRA as well as international organisations such as UNHCR should be part of; insists on the need to ensure the independence, transparency and effectiveness of such an instrument;
Amendment 621 #
Motion for a resolution
Paragraph 149 – indent 4
Paragraph 149 – indent 4
- use the lessons learned from the emergency relocation schemes (including from the situation in the receiving Member State after relocation) and build on this experience for any calls for an urgent stepping up of emergency relocation schemes in order to share responsibility with Member States of first entry until the setting up of a permanent automatic resposnsible voluntary relocation mechanism in the futureility -sharing mechanism;
Amendment 622 #
Motion for a resolution
Paragraph 149 – indent 4 a (new)
Paragraph 149 – indent 4 a (new)
- reinforce the management of national asylum systems;
Amendment 623 #
Motion for a resolution
Paragraph 149 – indent 4 b (new)
Paragraph 149 – indent 4 b (new)
- address its failure to address persistent allegations of serious human rights abuses by Croatian authorities on the shared borders with Bosnia and Herzegovina (BiH) and Serbia;
Amendment 627 #
Motion for a resolution
Paragraph 150 – indent 3 a (new)
Paragraph 150 – indent 3 a (new)
- - provide detailed information about the different projects funded in 2019 under the ISF Borders and Visas delegated act, including access to the project applications, their evaluations and the revised national programmes;
Amendment 628 #
Motion for a resolution
Paragraph 150 – indent 3 b (new)
Paragraph 150 – indent 3 b (new)
- abide by Article 208 of the Treaty on the Functioning of the European Union (TFEU) that stipulates that development assistance shall have as its primary objective the reduction and, in the long term, the eradication of poverty and not condition allocation of EU development assistance in bilateral or multilateral partnerships with developing countries on cooperation on migration policies31a; _________________ 31aLIBE opinion on human rights protection and EU external migration policy, see: https://www.europarl.europa.eu/meps/en/ 197681/SIRA_REGO/main- activities/opinions
Amendment 629 #
Motion for a resolution
Paragraph 150 – indent 4
Paragraph 150 – indent 4
Amendment 637 #
Motion for a resolution
Paragraph 155 a (new)
Paragraph 155 a (new)
155 a. Regrets that for 2019, the value of expenditure subject to audit by the Court in this area was €8.2 billion, reducing the share of audit in this chapter t; reiterates its request to enlarge the sample and to produce a clear error rate for this chapter;
Amendment 644 #
Motion for a resolution
Paragraph 156 a (new)
Paragraph 156 a (new)
156 a. Reminds that development and cooperation policy are meant to eradicate poverty and reduce inequality and should reach only its intended beneficiaries;
Amendment 645 #
Motion for a resolution
Paragraph 156 b (new)
Paragraph 156 b (new)
156 b. Reiterates that the allocation of EU development assistance in bilateral or multilateral partnerships with developing countries cannot be conditional on cooperation with the EU on migration policies, as this would undermine the EU’s legal obligation to PCD (Policy Coherence for Development and under the European Consensus on Development, as well as the primary purpose of ODA (official development assistance) of eradicating poverty, and would be at odds with the aid effectiveness principle of country ownership33a; _________________ 33aDEVE opinion on “human rights protection and the EU external migration policy”, paragraph 12
Amendment 646 #
Motion for a resolution
Paragraph 156 c (new)
Paragraph 156 c (new)
156 c. Insists on the importance of the European Parliament’s active participation in the development of partnership and cooperation agreements with third countries; stresses that future partnership agreements should be subject to parliamentary scrutiny and based on the principles of solidarity, shared responsibility, respect for human rights, the rule of law and international humanitarian law34a; _________________ 34aDEVE opinion on “human rights protection and the EU external migration policy”, paragraph 17
Amendment 647 #
Motion for a resolution
Paragraph 156 d (new)
Paragraph 156 d (new)
156 d. Expresses concerns over the demolition, dismantlement or confiscation of 104 EU-funded assets in Palestinian territory by the Israeli authorities throughout year 2019, whose value is calculated to amount to around 500,000 euros; calls on the Commission to increase its ongoing efforts to obtain restitution or compensation from the Israeli authorities;
Amendment 648 #
Motion for a resolution
Paragraph 156 e (new)
Paragraph 156 e (new)
156 e. Expresses concerns about the use of EU development funds for de-risking private investment given the lack of evidence as to the capacity of this financial modality to demonstrate additionally and fulfil development objectives, as recently reported per the final review of EFSD - European Fund for Sustainable Development - as well as the opinion of the European Court of Auditors (No 7/2020); stresses the need for donors to prioritise grant-based financing as the default option, especially to LDCs (Least Developed Countries ), and not favour blending, guarantee or any loans over grants, that fall short of SDGs and could increase the burden of debt;
Amendment 652 #
Motion for a resolution
Paragraph 157
Paragraph 157
157. Regrets that the Union is still practicing budget support to third Countries which is regulated byTakes note that as for the regularity of transactions, the speeding area of budget support to third Countries is less prone to error; nevertheless take notes that because of the legal provisions ofwhich leave a broad scope creating a risk of looseof interpretation by the Commission regarding the meeting of general conditions; that, the Court ‘cannot cover what happens beyond the moment the Commission pays aid to the recipient country, since these funds then merge with that country’s own budget resources’22 ; _________________ 22 P.211;
Amendment 657 #
Motion for a resolution
Paragraph 158 a (new)
Paragraph 158 a (new)
158 a. Is worried that the court continues to have reservations about the reliability of the study’s results;
Amendment 663 #
Motion for a resolution
Paragraph 163 – indent 6
Paragraph 163 – indent 6
Amendment 681 #
Motion for a resolution
Subheading 32 a (new)
Subheading 32 a (new)
Use of trust funds in development policy
Amendment 682 #
Motion for a resolution
Paragraph 164 a (new)
Paragraph 164 a (new)
164 a. reiterates that pooling resources from the EDF, the Union budget and other donors in trust funds should not have as consequence that money flagged for the development and cooperation policy do not reach their normal beneficiaries;
Amendment 683 #
Motion for a resolution
Paragraph 164 b (new)
Paragraph 164 b (new)
164 b. reminds that development policy is meant to eradicate poverty and reduce inequalities, and should not be conditional to migration control but rather on respect of human rights;
Amendment 684 #
Motion for a resolution
Paragraph 164 c (new)
Paragraph 164 c (new)
Amendment 685 #
Motion for a resolution
Paragraph 164 d (new)
Paragraph 164 d (new)
164 d. Expresses its deep concern about the misuse of development funds for actions that result in the violation of human rights in border management; deplores the reported human rights violations linked to the EU Emergency Trust Fund for Africa (EUTF) in Libya, Ethiopia, Eritrea and Niger; calls for the creation of strong mechanisms to monitor the human rights impacts of the EUTF, as well as an accountability system to prevent and deal with breaches of international law;; reiterates the need for a thorough investigation into the alleged human rights abuses, including those at EU borders; deplores the fact that the Commission’s report on the extension of the EUTF did not envisage any improvement in this field, and request that guarantees on the respect of fundamental human rights should be provided when dealing with the extension of EUTF40a; _________________ 40aDEVE opinion on “human rights protection and the EU external migration policy”, paragraph 13
Amendment 686 #
Motion for a resolution
Paragraph 164 e (new)
Paragraph 164 e (new)
164 e. Notes that a complaint has been filed in 2019 with the European Court of Auditors regarding EU funding in Libya, requesting the suspension of the programme supporting the Libyan coast guards in light of its violation of EU financing law regulations and international regulations on human rights41a; calls on the Commission and Member States, in view of the serious human rights violations against refugees, asylum seekers and migrants in Libya, including those intercepted at sea, to urgently review all cooperation activities with the Libyan coast guard and to suspend them until clear guarantees of human rights compliance are in place; _________________ 41a Global Legal Action Network (GLAN), ‘EU financial complicity in Libyan migrant abuses’.
Amendment 687 #
Motion for a resolution
Paragraph 164 f (new)
Paragraph 164 f (new)
164 f. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny; insists that partner countries and civil society organisations should be more closely involved; urges the Commission to present its final comprehensive review on the implementation of the EUTF to ensure that it falls in line with the EU’s development, human rights and humanitarian objectives; regrets that the extension of the EUTF was requested by the Commission in the absence of such a review and that there is therefore no evidence to show whether these objectives have been properly assessed and achieved; reiterates its call for the full involvement of the European Parliament in the supervision and governance of EU Trust Funds; considers it essential that the activities of the operational committees are also monitored, and asks the Commission to ensure the presence of a representative of the European Parliament at these committees and to transmit detailed information on the decisions taken42a; _________________ 42a DEVE opinion on “human rights protection and the EU external migration policy”, paragraph 14
Amendment 688 #
Motion for a resolution
Paragraph 168
Paragraph 168
168. NotWelcomes that the indicators in the Commission ́s high-level performance reports revealed a generally positive trend in terms of poverty reduction, gender equality in education, number of agreements with neighbouring countries and human development; regrets that the indicators showed a worsening trend in terms of consolidation of democracy, rule of law and political stability;
Amendment 689 #
Motion for a resolution
Paragraph 169 a (new)
Paragraph 169 a (new)
169 a. Takes note of the Court evaluation of knowledge gaps arising from the time lag between funding being allocated and results becoming apparent for both the ENI and DCI; points out that as a result, many results are likely to materials only after 2020; reminds that the Commission is required to produce a final evaluation report on the 2014-2020 period for all external actions instruments, which is expected in 2022; invite the Commission to respect this deadline and to take into consideration all comments produced by the Court in order to address the weaknesses in the performance reporting;
Amendment 696 #
Motion for a resolution
Paragraph 170 – indent 5 a (new)
Paragraph 170 – indent 5 a (new)
- ensure that no Union funds support forced child labour
Amendment 697 #
Motion for a resolution
Paragraph 170 – indent 5 b (new)
Paragraph 170 – indent 5 b (new)
- ensure that Union funds are not used for purposes different from the assigned areas;
Amendment 698 #
Motion for a resolution
Paragraph 170 – indent 5 c (new)
Paragraph 170 – indent 5 c (new)
- withhold or review their cooperation with third countries, including suspending specific funding and projects, which endanger the human rights of those affected, including where third countries do not fully respect the fundamental rights stemming both from the UN Convention of 1951 Relating to the Status of Refugees and the European Convention on Human Rights, have not ratified these conventions, or fail to comply with the SOLAS and SAR Conventions;
Amendment 699 #
Motion for a resolution
Paragraph 170 – indent 5 d (new)
Paragraph 170 – indent 5 d (new)
- provide an enhanced Parliament scrutiny when developing new partnership agreements with third countries, which should always be based on the principles of solidarity, shared responsibility, respect for human rights, the rule of law and international humanitarian law;
Amendment 700 #
Motion for a resolution
Paragraph 170 – indent 5 e (new)
Paragraph 170 – indent 5 e (new)
- provide detailed information on the decisions taken in the Operational Committees and ensure that the Parliament is represented at its meetings;
Amendment 724 #
Motion for a resolution
Paragraph 174
Paragraph 174
Amendment 727 #
Motion for a resolution
Paragraph 175
Paragraph 175
Amendment 734 #
Motion for a resolution
Paragraph 176 a (new)
Paragraph 176 a (new)
176 a. insists on the Commission to implement a more transparent appointment procedure for all positions especially the management related ones; calls on the Commission to clarify previous appointment procedure that lack of transparency and accountability;
Amendment 735 #
Motion for a resolution
Paragraph 176 b (new)
Paragraph 176 b (new)
176 b. Highlight the importance of an effective and valid Transparency Register; reiterates its call on the Commission to pay more attention to the validation and sample checks of entities of the Transparency Register;
Amendment 736 #
176 c. Takes notes that in September 2019, the Commission carried out the second review of its internal Guidelines in relation to the provisions on whistle- blowers, and requests a more proactive approach in term of protection of whistle- blowers; considers particularly relevant the need to reinforce the cooperation between OLAF and the Appointing Authority responsible for adopting protective measures in those cases where applicable; also considers particularly important the recommendations to liaise with EPPO to ensure an efficient collaboration and to exchange best practices in the field of reporting perceived illegal activities
Amendment 737 #
Motion for a resolution
Paragraph 176 d (new)
Paragraph 176 d (new)
176 d. In term of protection of whistle- blowers, esteems that a more uniform regulation among all Institutions, based on best practices and on higher standards would represent a much needed improvement;
Amendment 738 #
Motion for a resolution
Paragraph 176 e (new)
Paragraph 176 e (new)
176 e. Reiterates its call on the Commission to make the Commission special advisers status more transparent with a clear definition of their tasks and missions;
Amendment 739 #
Motion for a resolution
Paragraph 176 f (new)
Paragraph 176 f (new)
176 f. concerning the College decision of 30 October 2019 to enable former Commissions Presidents to carry out representational functions after the end of their mandate, takes note of the appointment of former President Jean Claude Juncker as Special Advisors, and regrets that this function, despite non remunerated, will engage costs in particular for mission, which are of difficult understanding for the public opinion; request the commission to detail the financial implication of such a decision to the Parliament, in order to take this into consideration for future discharge;
Amendment 740 #
Motion for a resolution
Paragraph 176 g (new)
Paragraph 176 g (new)
176 g. Invites the Commission to pay great attention when relating with former Member of the Commission and to assess carefully the potential risk when doing so;
Amendment 741 #
Motion for a resolution
Paragraph 176 h (new)
Paragraph 176 h (new)
176 h. Reiterates its call on the Commission to enforce the existing legally binding rules of the code of conduct regarding revolving doors both for the Commission and its agencies;
Amendment 742 #
Motion for a resolution
Paragraph 176 i (new)
Paragraph 176 i (new)
176 i. Takes note of the European Court of auditors conclusions and recommendations of its Special Report on "The ethical frameworks of the audited EU institutions:scope for improvement";regrets that room for improvements is still present for enforcing the ethical frameworks;in particular regrets that weaknesses were found on different issues, namely: - procedures for verifying declarations and guidance for staff to avoid conflict of interests not sufficiently formalised;clear and extensive guidance about ethical requirements needs to be made available;the same apply to guidance on CoIs arising from staff members’ financial interests, their post-employment activities, or their spouse or partner’s professional activity. - Limited scrutiny of Members’ declarations; as for the Member of the Commission, the Court regrets the lack of standard written procedures for checking the accuracy, reliability or completeness of the information submitted in their declarations, creating a risk of obligations being interpreted inconsistently, so that the institution is less likely to identify inaccuracies and other issues before they attract public attention, potentially jeopardising public trust; - Incomplete and unclear policies on gifts and entertainment, with for the Commission the lack of definition of gifts and hospitality applicable to Members;
Amendment 743 #
Motion for a resolution
Paragraph 176 j (new)
Paragraph 176 j (new)
176 j. Strongly supports the Court recommendation to all institutions to work together to harmonise their ethical frameworks and to step up their efforts to share good practice
Amendment 744 #
Motion for a resolution
Paragraph 176 k (new)
Paragraph 176 k (new)
176 k. Calls on the Commission to improve staff awareness and perception of the ethical framework and culture,; in particular call on the Commission to ensure that training on ethics contains practical guidance based on real-life examples, and to improve the communication on ethics matters with staff; raises the attention on the needs to make sure that staff members know how to report any issues related to unethical behaviour, as well as to increase their sense of security;
Amendment 745 #
Motion for a resolution
Paragraph 176 l (new)
Paragraph 176 l (new)
176 l. Invites the Commission to take appropriate measures to implement all Court’s recommendations and to report to the Parliament on the developments;
Amendment 749 #
Motion for a resolution
Subheading 37
Subheading 37
Amendment 752 #
Motion for a resolution
Paragraph 177
Paragraph 177
Amendment 757 #
Motion for a resolution
Paragraph 178
Paragraph 178
Amendment 796 #
Motion for a resolution
Paragraph 187
Paragraph 187
187. Is very critical in relation to the increase in contract staff as a result to special or urgent situations, such as the migration crisis; with the related risk of losing knowledge and know-how when their contracts expire;
Amendment 826 #
Motion for a resolution
Paragraph 192 a (new)
Paragraph 192 a (new)
192 a. Is very concerned by the Commission decision to break the contract with the restaurant service provider, which led to the layoff of 400 workers; urgently asks the Commission to revise its decision and to explore any viable solution to protect the workers and avoid layoff, including the internalisation of the catering staff in-house;
Amendment 829 #
Motion for a resolution
Paragraph 192
Paragraph 192
Amendment 834 #
Motion for a resolution
Paragraph 192 – indent 1
Paragraph 192 – indent 1