24 Amendments of Daniel BUDA related to 2016/2080(INI)
Amendment 1 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Treaty on the Functioning of the European Union, and in particular Article 245 thereof,
Amendment 2 #
Motion for a resolution
Citation 4
Citation 4
- having regard to the Framework Agreement on relations between the European Parliament and the European Commission2, in particular points 3, 5 and 8 thereof, corresponding to Section II -Political Responsibility, __________________ 2 OJ L 304, 20.11.2010, p. 47.
Amendment 3 #
Motion for a resolution
Recital B
Recital B
B. whereas, pursuant to point 3 under Section II (Political Responsibility) of the Framework Agreement on relations between the European Parliament and the European Commission, the designated Members of the Commission shall ensure full disclosure of all relevant information, in conformity with the obligation of independence to which they are subject under the Treaties; whereas this information shall be disclosed in line with procedures designed toensure an open, fair and consistent assessment of the entire Commission-designate;
Amendment 4 #
Motion for a resolution
Recital C
Recital C
C. whereas, in accordance with the Decision of 28 April 2015 concerning the scrutiny of the declarations of financial interests of Commissioners-designate (interpretation of paragraph 1(a) of Annex XVI to the Rules of Procedure), scrutiny of the declaration of financial interests of a Commissioner- designate by the committee responsible for legal affairs consists not only of verifying that the declaration has been duly completed but also of assessing whether the content of the declaration is accurate and if a conflict of interests may be inferred;
Amendment 8 #
Motion for a resolution
Recital E
Recital E
E. whereas, in its above-mentioned resolution of 8 September 2015, Parliament stated that confirmation by the Committee on Legal Affairs of the absence of any conflict of interests is an essentialindispensable precondition for the commissioner hearings;
Amendment 9 #
Motion for a resolution
Recital F
Recital F
F. whereas, in its above-mentioned resolution of 8 September 2015, Parliament deemed it important for the Committee on Legal Affairs to issue guidelines in the form of recommendations or an own- initiative report, with a view to facilitating reform of the procedures relating to Commissioners’ declarations of interests, while calling on the Commission to revise its rules relating to Commissioners’ declarations of interests;
Amendment 12 #
Motion for a resolution
Recital G
Recital G
G. whereas, pursuant to point 1.3 of the code of conduct for Commissioners, the latter must declare any financial interest or asset which might create a conflict of interests in the performance of their duties, and whereas this also appliesd to any holdings of the Commissioner’s spouse or partner – as defined by the rules in force 1a which might result in a conflict of interests; __________________ 1aStable non-marital partner, as defined in Regulation No 2278/69 (OJ L 289, 17.11.1969) and in Article 1(2)(c) of Annex VII to the Staff Regulations.
Amendment 14 #
Motion for a resolution
Recital K
Recital K
K. whereas the information on the form is restricted as it is in part inadequate and does not enable Parliament to correctly evaluate eitherfairly and consistently the existence of actual or potential conflicts of interests on the part of Commissioners- designate, or their ability to carry out their mandate in line with the code of conduct for Commissioners;
Amendment 16 #
Motion for a resolution
Recital L
Recital L
L. whereas, pursuant to point 1.6 of the code of conduct for Commissioners, a Commissioner shall not deal with matters within her/his portfolio in which,when she/he has any personal interest, in particular a family or financial interest which could impair her/his independence;
Amendment 19 #
Motion for a resolution
Recital N
Recital N
N. whereas, pursuant to point 5 of the Framework Agreement on relations between the European Parliament and the European Commission, Parliament may ask the President of the Commission to withdraw confidence in an individual Member of the Commission, after which the President of the Commission, having seriously considered the matter shall either ask that Member to resign or explain his/her refusal to do so before Parliament ; whereas, pursuant to point 7 of the same, the President of the Commission must inform Parliament if she/he intends to reshuffle the allocation of responsibilities amongst the Members of the Commission so as to enable proper parliamentary consultation on this matter;
Amendment 20 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the aim of scrutinising Commissioners' financial declarations of interests is to ensure that the Commissioners-designate are able to fulfil their mandates completely independently, in accordance with Article 17(3) of the Treaty on European Union, with Article 245 of the Treaty on the Functioning of European Union and with the code of conduct for Commissioners; considers, accordingly, that this should not be restricted to the appointment of the new Commission, but should also take place in the event of a vacancy resulting from the resignation, compulsory retirement or death of a Commissioner, the accession of a new Member State or substantial modification of a Commissioner’s portfolio;
Amendment 24 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that evaluating a possible conflict of interests must be based on objectiveconclusive, objective and relevant factors and take into account the portfolio of the Commissioner- designate, in line with the principles of good faith and proportionality required by the code of conduct for Commissioners;
Amendment 29 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Confirms that the Committee on Legal Affairs mustis competent and responsible for carrying out a substantive analysis of the declarations of financial interests by means of an in-depth examination aimed at assessing whether the content of the declaration made by a Commissioner- designate is accurate and conforms to the criteria and principles laid down in the Treaties and the Code of Conduct, or whether a conflict of interests may be inferred;
Amendment 32 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Committee on Legal Affairs observes the strictest confidentiality when examining questions relating to the declarations of interests of the Commissioners-designate but also ensures, in accordance with the principle of transparency, that its conclusions are published as soon as they are available;
Amendment 34 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that confirmation by the Committee on Legal Affairs of the absence of any conflict of interests, based on a substantive analysis of the declaration of financial interests, is an essential precondition for the holding of the hearing by the committee responsible 5; __________________ 5 See the European Parliament resolution of 8 September 2015 on procedures and practices regarding Commissioner hearings, lessons to be taken from the 2014 process;
Amendment 36 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view, therefore, that in the absence of such confirmation or if the Committee on Legal Affairs identifies a conflict of interests, the hearing procedure for appointing the Commissioner-designate shall be suspended;
Amendment 39 #
Motion for a resolution
Paragraph 7 – point b
Paragraph 7 – point b
b) if the Committee on Legal Affairs deems the declaration of interests of a Commissioner-designate to contain information which is incomplete or contradictory, or if there is a need for further information, it shall request, pursuant to the Rules of Procedure1a and the Framework Agreement on relations between the European Parliament and the Commission2a this information from the Commissioner- designate and shall consider and properly analyse this before making its decision; __________________ 1aSee point 1a of Annex XVI to the Rules of Procedure; 2a See Section (II)(3) of the Framework Agreement on relations between the European Parliament and the Commission.
Amendment 44 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the obligation for all Members of the Commission to ensure that their declarations of interests are regularly updated, in accordance with the Code of Conduct for Commissioners1a; and calls on the Commission to inform Parliament immediately of any substantial changes; or of anything causing a conflict of interests or a potential conflict of interests to arise; __________________ 1aSee point 1.5 of the Code of Conduct for Commissioners
Amendment 49 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that any substantial change in the financial interests of a Commissioner during her/his term of office or any reshuffling of the allocation of responsibilities between Members of the Commission constitutes a new situation in terms of the possible existence of a conflict of interests; believes, therefore, that this situation should be subjected to scrutiny by Parliament in accordance with paragraph 7 of this resolution and with point (2) of Annex XVI (Guidelines for the approval of the Commission) to the Rules of Procedure of the European Parliament;
Amendment 51 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that, pursuant to the second sub-paragraph of Article 246 of the Treaty on Functioning of the European Union, Parliament shall be consulted in the event of a Commissioner being replaced during her/his term of office; considers that this must include verification of the absence of a conflict of interests, among other things, in line with paragraph 7 of this resolution;, and with the provisions set out in Annex XVI (Guidelines for the approval of the Commission) to its Rules of Procedure1a regarding the competences of the European Parliament in the event of a change in composition of the College of Commissioners or a substantial portfolio change during its terms of office; __________________ 1aSee point 2 of Annex XVI to the Rules of Procedure of the European Parliament
Amendment 58 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the current scope of Commissioners’ declarations of interests is too limited, and their explanatory content ambiguous, and calls on the Commission to revise its rules on this as soon as possible6; __________________ 6 See paragraph 13 of the European Parliament’s resolution of 8 September 2015 referred to above.
Amendment 62 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the family interests referred to in point 1.6 of the code of conduct for Commissioners shcould be included in the declarations of financial interests in the same way as are the financial interests of their partners or spouses; in this regard, calls on the European Commission to establish a fair means of identifying ‘family interests’ that are liable to create a risk of a conflict of interests and to include this in the declaration of financial interests process;
Amendment 64 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 70 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to begin negotiations with Parliament aimed at making any necessary changes to the Framework Agreement on relations between the European Parliament and the European Commission, arising from the adoption of this resolution, in respect of the involvement of the European Parliament in the process of the hearing and evaluation of Commissioners- designate;