Activities of Hubert PIRKER related to 2011/0367(COD)
Plenary speeches (1)
Asylum, Migration and Integration Fund and Internal Security Fund (general provisions) - Asylum, Migration and Integration Fund - Internal Security Fund (Police cooperation, preventing and combating crime and crisis management) - Internal Security Fund (External borders and visas) (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management PDF (528 KB) DOC (408 KB)
Amendments (38)
Amendment 56 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission and the Member States shall ensure that all actions which get support from the Union budget constitute an added value for the Union.
Amendment 60 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. The Commission and the Member States shall carry out their respective roles in relation to this Regulation and the Specific Regulations with the aim ofthereby reducing the administrative burden for beneficiaries.
Amendment 65 #
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
Amendment 66 #
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
The European Anti-fraud Office (OLAF) may carry out on-the-spot controls and inspections which may be unannounced on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the European Union in connection with a grant agreement or grant decision or a contract concerning Union funding. (Numbering erroneous in German version of Commission text)
Amendment 70 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission shall establish the overall amount made available for Union actions, emergency assistance and technical assistance and the distribution of this amount in accordance with the amount established by each Specific Regulation at the initiative of the Commission under the annual appropriations of the Union budget.
Amendment 75 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Within the limits of the available resources, the emergency assistance may amount to 1080% of the eligible expenditure.
Amendment 79 #
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) international organisations, including their regional subsidiary organisations, UN bodies, departments and missions, international financial institutions and development banks and institutions of international jurisdiction in so far as they contribute to the objectives of the Specific Regulation(s) concerned;;
Amendment 82 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the installation, updating, operation and interconnection of computerised systems for management, monitoring, audit, control and evaluation;
Amendment 85 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
Different partnership arrangements may be adopted in the various programme stages.
Amendment 86 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Such authorities and bodies shallmay, where judged appropriate, include the competent regional, local, urban and other public authorities, and, where judged appropriate and provided for by the Member State, international organisations and bodies representing civil society, such as non- governmental organisations or social partners.
Amendment 91 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The partners shallmay be involved in the preparation, implementation, monitoring and evaluation of national programmes.
Amendment 95 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
1. To launch the programming period, the Commission and each Member State shall have a top-level policy dialogue on the national requirements andcentred on the overall result to be achieved by national programmes, as well as on the requirements of the Member State and on the contribution that the Union budget could provide to achieving these requirements, bearing in mind the base line situation in the Member State concerned and the objectives of the Specific Regulations. The policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the Member State concerned and serve as the framework for the preparation of the national programmes, specifying for example when national programmes should be submitted to the Commission.
Amendment 106 #
Proposal for a regulation
Article 14 – paragraph 2 – point d a (new)
Article 14 – paragraph 2 – point d a (new)
(da) information on the added value for the Union to be accomplished by the national programme;
Amendment 112 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall submit the proposed national programmes to the Commission referred to in no later than three monat the time established in thse after the policy dialoguegreed minutes referred to in Article 13(1) is concluded.
Amendment 116 #
Proposal for a regulation
Article 14 – paragraph 5 – point a a (new)
Article 14 – paragraph 5 – point a a (new)
(aa) its relevance for accomplishing the tasks and services which constitute an added value for the Union;
Amendment 124 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission shall make observations within three months of the date of submission of the proposed national programme. Where the Commission considerfinds that a proposed national programme is inconsistent with the objectives of the Specific Regulations, insufficient in light of the strategy or does not comply with Union lawfails to meet the criteria set out in paragraph 5, it shall invite the Member State concerned to provide all necessary additional information and, where appropriate, to revise the proposed national programme. The Member State shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed national programme.
Amendment 132 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 134 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. In accordance with the Specific Regulations, for it to be eligible, expenditure must in particular be:
Amendment 137 #
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Grants for which the support from the Union budget does not exceed 50,000 EUR shallmay take the form of lump sums or standard scale of unit costs, provided that this is in accordance with national rules.
Amendment 139 #
Proposal for a regulation
Article 18 – paragraph 9 – point c
Article 18 – paragraph 9 – point c
(c) the costs relate exclusively to the period of support for the project; and
Amendment 143 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shall set up rules and transparent procedures for the selection and implementation of projects in accordance with this Regulation..
Amendment 145 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Responsible Authorities shall carry out a systematic administrative control of all payment requests from the beneficiaries and shall supplement them by announced and unannounced on-the-spot controls of the expenditure related to the final payment requests from the beneficiaries that are declared in the annual accounts in view of obtaining a sufficient level of assurance.
Amendment 147 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. As regards these on-the-spot controls, the Responsible Authority shall draw its control sample from the entire population of beneficiaries comprising, where appropriate, a random part and a risk-based part, in order to obtain a representative error rate and a minimum confidence level, while targeting also highest errors.
Amendment 149 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where problems detected appear to be systemic in nature and may therefore entail a risk to other projects, the Responsible Authority shall ensure that further examination is carried out, including additional controls where necessary, to establish the scale of such problems and whether the error rate is above the materiality level. The necessary preventive and corrective measures shall be taken by the Responsible Authority and communicated to the Commission in the summary report referred to in Article 39(1)(c).
Amendment 151 #
Proposal for a regulation
Article 25 – paragraph 5 – subparagraph 1 – point b
Article 25 – paragraph 5 – subparagraph 1 – point b
(b) the rules on the minimum level of announced and unannounced on- the-spot controls necessary for an effective management of the risks, as well as the conditions under which Member States have to increase such controls, or may reduce them where the management and control systems function properly and the error rates are at an acceptable level;
Amendment 152 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Responsible Authorities shall ensure that the beneficiaries receive the total amount of the public support as quickly as possible and in full. No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce these amounts for the beneficiaries, where permissible under national provisions.
Amendment 155 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)
Article 26 – paragraph 1 – subparagraph 1 a (new)
The provisions of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions1 shall apply mutatis mutandis. 1 OJ. L 48, 23.2.2011, p. 1.
Amendment 157 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot audits or controls upon giving adequate prior notice. These may also be unannounced. Officials or authorised representatives of the Member State may take part in such audits or controls.
Amendment 158 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
4. Commission officials or authorised Commission representatives, duly empowered to carry out on-the-spot audits, shall have access to all records, documents and metadata, irrespective of the medium in which they are stored, relating to expenditure or to management and control systems. Member States shall provide copies of such records, documents and metadata to the Commission upon request and facilitate the provision of transcripts or copies, irrespective of the storage medium.
Amendment 162 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Following the Commission decision approving the national programme, an initial pre-financing amount for the whole programming period shall be paid by the Commission. This shall represent 4% of the total contribution from the Union budget to the national programme concerned. It may be split into two instalments depending on budget availability.
Amendment 164 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. An annual pre-financing amount of 2.5 % of the total contribution from the Union budget to the national programme concerned shall be paid before 1 February every year.
Amendment 165 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. If a national programme is approved in 2015 or later, the instalments shall be paid in the year of approvalnot later than sixty days after the approval of the national programme depending on budget availability.
Amendment 166 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. In case of amendments to the total contribution from the Union budget to a national programme, the initial as well as the annual pre-financing amounts shall be revised accordingly and reflected in the financing decision.
Amendment 167 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Pre-financing shall be used only for making payments to beneficiaries implementing the national programme as well as for expenditure relating to technical assistance. It shall be made available without delay to the Responsible Authority for thisese purposes.
Amendment 169 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which demonstrably effective corrective measures have not been taken; or
Amendment 181 #
Proposal for a regulation
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
4a. Notwithstanding the general obligation to publish evaluation reports, exceptions may be made regarding sections of reports falling within the scope of the Internal Security Fund, where publication thereof would compromise internal security or public order.
Amendment 187 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation. The delegation of power shall be tacitly extended for a period of an identical duration, unless the European Parliament or the Council opposes such extension no later than 3 months before the end of each period.
Amendment 189 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twohree months at the initiative of the European Parliament or the Council.