32 Amendments of Jean-Pierre AUDY related to 2013/0240(NLE)
Amendment 61 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 62 #
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 80 #
Proposal for a Regulation
Recital 18
Recital 18
(18) The Commission's internal auditor should exercise the same powers over the IMI2 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 83 #
Proposal for a Regulation
Recital 19
Recital 19
(19) In accordance with Article 287(1) of the Treaty on the Functioning of the European Union, 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 Regulation (EU, Euratom) No 966/2012 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 IMI2 Joint Undertaking should notevertheless be subject to examination by the Court of Auditors.
Amendment 114 #
Proposal for a Regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
The maximum Union contribution, including EFTA appropriationscontributions from the members of the European Free Trade Association (EFTA), to the IMI2 Joint Undertaking to cover administrative costs and operational costs shall be EUR 1 725 million which shall consist of the following:
Amendment 131 #
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 its Article 2(1) and Article 6 of the Conditions of Employment 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 132 #
Proposal for a Regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 133 #
Proposal for a Regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the Union shall apply to the Executive Director and Governing Board members of the IMI2 Joint Undertaking and its staff.
Amendment 134 #
Proposal for a Regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the IMI2 Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff and members of its Governing Board in the performance of their duties.
Amendment 135 #
Proposal for a Regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 136 #
Proposal for a Regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 141 #
Proposal for a Regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union contribution tof the IMI2 Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with thea 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 143 #
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 144 #
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 164 #
Proposal for a Regulation
Annex 1 – part 2 – point 1 – point b
Annex 1 – part 2 – point 1 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsementfollowing a decision by the body responsible for its governance, the European Federation of Pharmaceutical Industries and Associations (hereinafter ''EFPIA'').
Amendment 167 #
Proposal for a Regulation
Annex 1 – part 2 – point 3
Annex 1 – part 2 – point 3
3. Upon acceptance of these Statutes by means of a letter of endorsementfollowing a decision by the body responsible for its governance, any legal entity other than a Member or a constituent entity of a Member or any affiliated entity of either, supporting the objectives of the IMI2 Joint Undertaking in its specific area of research, in a Member State or in a country associated with the Horizon 2020 Framework Programme, may apply to join IMI2 as an Associated Partner. The letter of endorsementdecision shall detail the scope of the association in terms of content, of activities and duration.
Amendment 173 #
Proposal for a Regulation
Annex 1 – part 3 – point 2
Annex 1 – part 3 – point 2
2. The Governing Board shall assess the application taking into account the relevance and the potential added value of the applicant for the achievement of the objectives of the IMI2 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 174 #
Proposal for a Regulation
Annex 1 – part 3 – point 3
Annex 1 – part 3 – point 3
3. Any Member or Associated Partner may terminate its membership or association to the IMI2 Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members and Associated Partners. As of then, the former Member or Associated Partner shall be discharged from any obligations other than those approved or incurred by the IMI2 Joint Undertaking prior to terminating the membership or participation. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the IMI2 Joint Undertaking.
Amendment 176 #
Proposal for a Regulation
Annex 1 – part 3 – point 4
Annex 1 – part 3 – point 4
4. Membership of or association to the IMI2 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 191 #
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 192 #
Proposal for a Regulation
Annex 1 – part 7 – point 2 – point k a (new)
Annex 1 – part 7 – point 2 – point k a (new)
(ka) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 196 #
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 IMI2 Joint Undertaking in the selection procedure as appropriate. The European Parliament shall be entitled to object.
Amendment 197 #
Proposal for a Regulation
Annex 1 – part 8 – point 6
Annex 1 – part 8 – point 6
6. The Executive Director may be dismissremoved only upon a decision of the Governing Board acting on a proposal from the Commission associating the private members as appropriate.
Amendment 198 #
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 199 #
Proposal for a Regulation
Annex 1 – part 9 – point 4 – point c
Annex 1 – part 9 – point 4 – point c
(c) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 200 #
Proposal for a Regulation
Annex 1 – part 9 – point 4 – point j a (new)
Annex 1 – part 9 – point 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 the Council;
Amendment 233 #
Proposal for a Regulation
Annex 1 – part 14 – paragraph 1 a (new)
Annex 1 – part 14 – paragraph 1 a (new)
Should any member of the IMI2 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 that member's 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 235 #
Proposal for a Regulation
Annex 1 – part 17 – paragraph 1
Annex 1 – part 17 – paragraph 1
Amendment 237 #
Proposal for a Regulation
Annex 1 – part 17 – point 4
Annex 1 – part 17 – point 4
4. The accounts of the IMI2 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 242 #
Proposal for a Regulation
Annex 1 – part 20 – point 2
Annex 1 – part 20 – point 2
2. The IMI2 Joint Undertaking Governing Board mayshall adopt rules for the prevention and management of conflicts of interest in respect of its Members, Associated Partners, bodies and staff. In those rules, provision shall be made to avoid conflict of interest for the representatives of the Members serving the Governing Board.
Amendment 244 #
Proposal for a Regulation
Annex 1 – part 21 – point 4
Annex 1 – part 21 – point 4
4. When the IMI2 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 IMI2 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.
Amendment 245 #
Proposal for a Regulation
Annex 1 – part 21 – point 5 a (new)
Annex 1 – part 21 – point 5 a (new)
5a. Any research results shall be attributed to the European Federation of Pharmaceutical Industries and Associations (EFPIA).