60 Amendments of Jean-Pierre AUDY related to 2013/0234(NLE)
Amendment 12 #
Proposal for a regulation
Title 1
Title 1
Proposal for a COUNCIL REGULATION on the ECSEL (Electronic Components and Systems for European Leadership) Joint Undertaking (Text with EEA relevance)
Amendment 13 #
Proposal for a regulation
Recital 10
Recital 10
(10) The ENIAC (Electronic Numerical Integrator Analyser and Computer) Joint Undertaking set up by Council Regulation (EC) No 72/2008 of 20 December 200710 successfully implemented a research agenda strengthening the relevant areas in nanoelectronics in which Europe improved its competitiveness by leveraging investments in priority subjects and by engaging the whole ecosystem. __________________ 10 OJ L 30, 04.02.2008, p. 21.
Amendment 14 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission's internal auditor should exercise the same powers over the ECSEL Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 16 #
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 of that Regulation are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above- mentioned opinion, which does not constitute an audit, the accounts of the ECSEL Joint Undertaking should notevertheless be subject to examination by the Court of Auditors.
Amendment 17 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. To implement the Joint Technology Initiative on ‘Electronic Components and Systems for European Leadership’, a Joint Undertaking within the meaning of Article 187 of the Treaty on the functioning of the European Union (hereinafter ‘ECSEL Joint Undertaking’(Electronic Components and Systems for European Leadership)) is hereby established for a period up to 31 December 2024.
Amendment 19 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) to ensure the availability of electronic components and systems for key markets and for addressing societal challenges, aiming at keeping Europe at the forefront of technology development, bridging the gap between research and industrial and commercial exploitation, strengthening innovation capabilities and creating economic and employment growth in the Union;
Amendment 24 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers. The Executive Director shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 25 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 26 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 26 #
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal as amended substantially;
Amendment 27 #
Proposal for a regulation
Article 8
Article 8
The Protocol on the Privileges and Immunities of the European Union shall apply to the ECSEL Joint Undertaking and its staffxecutive Director and Governing Board members.
Amendment 28 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the event of non-contractual liability, the ECSEL Joint Undertaking shall make good any damage caused by its staff or members of the Governing Board in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
Amendment 29 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 31 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union’s contribution tof the ECSEL Joint Undertaking shall be part of the discharge given by the European Parliament, upon on the recommendation of the Council, to the Commission following accordance with the procedure procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 33 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 33 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission's internal auditor should exercise the same powers over the ECSEL Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 35 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall, without delay and without any question of their responsibility being called into question as a result, notify OLAF of any frauds which have come to their attention in the fulfillment of their duties or remit. If they fail to meet this obligation and to inform OLAF of fraud of which they have knowledge, they shall become personally liable for the consequences thereof:
Amendment 36 #
Proposal for a regulation
Annex – section 2 – paragraph 3
Annex – section 2 – paragraph 3
3. The ECSEL Member States together with the CommissEuropean Union shall hereinafter be referred to as the ‘public authorities’ of the ECSEL Joint Undertaking.
Amendment 37 #
Proposal for a regulation
Annex – section 3 – paragraph 2 a (new)
Annex – section 3 – paragraph 2 a (new)
2a. Any private entity seeking to participate in the objectives of the ECSEL Joint Undertaking may apply to join the AENEAS, ARTEMISIA or EPoSS associations. Any rejection by a private association must be justified and notified without delay to the Commission. An appeal against such a decision may be lodged with the Governing Board.
Amendment 37 #
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 of that Regulation are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above- mentioned opinion, which does not constitute an audit, the accounts of the ECSEL Joint Undertaking should notevertheless be subject to examination by the Court of Auditors.
Amendment 38 #
Proposal for a regulation
Annex – section 3 – paragraph 3
Annex – section 3 – paragraph 3
3. Any application for membership to the ECSEL Joint Undertaking in accordance with paragraph 2 shall be addressed to the Governing Board. It shall assess the application, taking into account the relevance and the potential added value of the applicant for achieving the objectives of the ECSEL Joint Undertaking. It shall then decide on the application. The Commission shall have the right to object, except in the case of an EU Member State.
Amendment 39 #
Proposal for a regulation
Annex – section 3 – paragraph 4
Annex – section 3 – paragraph 4
4. Any member may terminate its membership of the ECSEL Joint Undertaking. Such termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the ECSEL Joint Undertaking prior to the notification of terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the ECSEL Joint Undertaking.
Amendment 41 #
Proposal for a regulation
Annex – section 6 – paragraph 3 – subparagraph 1
Annex – section 6 – paragraph 3 – subparagraph 1
3. The Governing Board shall hold its ordinary meetings at least twice a year. It may hold extraordinary meetings at the request of the Commission or of a majority of the representatives of the ECSEL Member States or of a majority of the private members, or at the request of the chairperson, or at the request of the Executive Director in accordance with clause 16(5). The meetings of the Governing Board shall be convened by its chairperson and shall usually take place at the seat of the ECSEL Joint Undertaking.
Amendment 42 #
Proposal for a regulation
Annex – section 6 – paragraph 3 – subparagraph 3
Annex – section 6 – paragraph 3 – subparagraph 3
The Executive Director shall have the right tomay take part in the deliberations, but shall have no without voting rights.
Amendment 43 #
Proposal for a regulation
Annex – section 7 – paragraph 2 – subparagraph f
Annex – section 7 – paragraph 2 – subparagraph f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 44 #
Proposal for a regulation
Annex – section 7 – paragraph 2 – subparagraph i a (new)
Annex – section 7 – paragraph 2 – subparagraph i a (new)
(ia) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting the opinion under Article 60(5) of Regulation (EU, EURATOM) No 966 / 2012 of the European Parliament and the Council;
Amendment 47 #
Proposal for a regulation
Annex – section 8 – paragraph 1 – subparagraph 1
Annex – section 8 – paragraph 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other members of the ECSEL Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object to this.
Amendment 48 #
Proposal for a regulation
Annex – section 9 – paragraph 4 – subparagraph 1
Annex – section 9 – paragraph 4 – subparagraph 1
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 49 #
Proposal for a regulation
Annex – section 9 – paragraph 4 – point d
Annex – section 9 – paragraph 4 – point d
(d) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 50 #
Proposal for a regulation
Annex – section 9 – paragraph 4 – point j a (new)
Annex – section 9 – paragraph 4 – point j a (new)
(ja) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body to be entrusted with the task of submitting the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council;
Amendment 52 #
Proposal for a regulation
Annex – section 16 – paragraph 5
Annex – section 16 – paragraph 5
5. Should any member of the ECSEL Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member’s membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 53 #
Proposal for a regulation
Annex – section 21 – paragraph 6 a (new)
Annex – section 21 – paragraph 6 a (new)
6a. Amending budgets may be tabled to the annual budget.
Amendment 54 #
Proposal for a regulation
Annex – section 22 – paragraph 1 – subparagraph 1
Annex – section 22 – paragraph 1 – subparagraph 1
1. The Executive Director shall report annually to the Governing Board on the performance of his/her duties in accordance with the financial rules applicable tof the ECSEL Joint Undertaking.
Amendment 55 #
Proposal for a regulation
Annex – section 22 – paragraph 4 – subparagraph 1
Annex – section 22 – paragraph 4 – subparagraph 1
4. The accounts of the ECSEL Joint Undertaking shall be examinedthe subject of an opinion by an independent audit body as laid down in Article 60(5) of Regulation (EU, Euratom) No 966/2012. This opinion shall be communicated to the European Parliament and the Council as part of the discharge procedure.
Amendment 56 #
Proposal for a regulation
Annex – section 22 – paragraph 4 – subparagraph 2
Annex – section 22 – paragraph 4 – subparagraph 2
The accounts of the ECSEL Joint Undertaking shall not be subject to examination by the Court of AuditorsCourt shall, in accordance with international auditing standards, take into account in its planning the work carried out under the preceding paragraph.
Amendment 60 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The maximum Union contribution, including EFTA appropriationscontributions from the Member States of the European Free Trade Association (EFTA), to the ECSEL Joint Undertaking to cover administrative costs and operational costs shall be EUR 1 215 255 000. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Specific Programme implementing Horizon 2020 (2014-2020). The budget implementation with regard to the Union contribution shall be entrusted to the ECSEL Joint Undertaking acting as a body referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 in accordance with Articles 58(1)(c)(iv), 60 and 61 of that Regulation.
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers. He shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 67 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 68 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the European Union shall apply to the Executive Director of the ECSEL Joint Undertaking and its staffto the members of the Governing Board.
Amendment 69 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the event of non-contractual liability, the ECSEL Joint Undertaking shall make good any damage caused by its staff or members of the Governing Board in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
Amendment 70 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 71 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 76 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union’s contribution tof the ECSEL Joint Undertaking shall be part of the discharge given by the European Parliament, upon on the recommendation of the Council, to the Commission following accordance with the procedure procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 78 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 79 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result. If they fail to meet this obligation and to inform OLAF of instances of fraud known to them, they shall become personally liable for the consequences thereof.
Amendment 86 #
Proposal for a regulation
Annex 1 – part 2 – point 1 – point c
Annex 1 – part 2 – point 1 – point c
(c) upon acceptance of these Statutes by means of a letter of endorsementfollowing a decision by the body responsible for its governance, [the AENEAS association, an association registered under French law (registration No 20070039) with its registered office in Paris (France); the ARTEMISIA association, an association registered under Dutch law (registration No 17201341) with its registered office in Eindhoven (the Netherlands); the EPoSS association, an association registered under … law (registration No ...) with its registered office in ... (…)].
Amendment 88 #
Proposal for a regulation
Annex 1 – part 3 – point 3
Annex 1 – part 3 – point 3
3. Any application for membership to the ECSEL Joint Undertaking in accordance with paragraph 2 shall be addressed to the Governing Board. It shall assess the application, taking into account the relevance and the potential added value of the applicant for achieving the objectives of the ECSEL Joint Undertaking. It shall then decide on the application and notify its decision without delay to the Commission, which, where the application is approved, shall have the right to object to membership except in the case of a Member State of the European Union.
Amendment 89 #
Proposal for a regulation
Annex 1 – part 3 – point 4
Annex 1 – part 3 – point 4
4. Any member may terminate its membership of the ECSEL Joint Undertaking. Such termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the ECSEL Joint Undertaking prior to the notification of terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the ECSEL Joint Undertaking.
Amendment 90 #
Proposal for a regulation
Annex 1 – part 3 – point 5
Annex 1 – part 3 – point 5
5. Membership of the ECSEL Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 95 #
Proposal for a regulation
Annex 1 – part 7 – point 2 – point f
Annex 1 – part 7 – point 2 – point f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 96 #
Proposal for a regulation
Annex 1 – part 7 – point 2 – point r a (new)
Annex 1 – part 7 – point 2 – point r a (new)
(ra) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting the opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 97 #
Proposal for a regulation
Annex 1 – part 8 – point 1 – introductory part
Annex 1 – part 8 – point 1 – introductory part
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other members of the ECSEL Joint Undertaking in the selection procedure as appropriate. The European Parliament shall be entitled to object.
Amendment 99 #
Proposal for a regulation
Annex 1 – part 9 – point 4 – introductory part
Annex 1 – part 9 – point 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 100 #
Proposal for a regulation
Annex 1 – part 9 – point 4 – point d
Annex 1 – part 9 – point 4 – point d
(d) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 103 #
Proposal for a regulation
Annex 1 – part 9 – point 4 – point m a (new)
Annex 1 – part 9 – point 4 – point m a (new)
(ma) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body that will be given the task of presenting the opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 109 #
Proposal for a regulation
Annex 1 – part 19 – paragraph -1 (new)
Annex 1 – part 19 – paragraph -1 (new)
Should any member of the ECSEL Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member’s membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 113 #
Proposal for a regulation
Annex 1 – part 22 – point 4 – introductory part
Annex 1 – part 22 – point 4 – introductory part
4. The accounts of the ECSEL Joint Undertaking shall be examined by an independent audit body as laid downthe Court of Auditors as part of the discharge procedure. During its work, the Court shall take into consideration the work of the independent audit body that will be given the task of presenting the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012. of the European Parliament and the Council.
Amendment 116 #
Proposal for a regulation
Annex 1 – part 22 – point 4 – paragraph 1
Annex 1 – part 22 – point 4 – paragraph 1
Amendment 121 #
Proposal for a regulation
Annex 1 – part 25 – point 2
Annex 1 – part 25 – point 2
2. The ECSEL Joint Undertaking Governing Board mayshall adopt rules for the prevention and management of conflicts of interest in respect of its members, bodies and staff. In those rules, provision shall be made to avoid a conflict of interest for the representatives of the members of the ECSEL Joint Undertaking serving in the Governing Board or in the Public Authorities Board.
Amendment 122 #
Proposal for a regulation
Annex 1 – part 26 – point 4
Annex 1 – part 26 – point 4
4. When the ECSEL Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the members at the time of the winding up in proportion to their financial contribution to the ECSEL Joint Undertaking. Any such surplus distributed to the Union shall be returned to the specific programme implementing the Horizon 2020 Framework Programme, within the Union budget.