28 Amendments of Jean-Pierre AUDY related to 2013/0245(NLE)
Amendment 28 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApproveCommends the Commission proposal as amended;
Amendment 29 #
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 38 #
Proposal for a Regulation
Recital 18
Recital 18
(18) The Commission's internal auditor should exercise the same powers over the FCH 2 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 41 #
Proposal for a Regulation
Recital 20
Recital 20
(20) 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 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 Fuel Cells and Hydrogen 2 Joint Undertaking should notevertheless be subject to the examination by the Court of Auditors.
Amendment 59 #
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 FCH 2 Joint Undertaking to cover administrative costs and operational costs shall be EUR 700 million, which shall consist of:
Amendment 75 #
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 ishall 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 76 #
Proposal for a Regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 77 #
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 the members of the Governing Board of the FCH 2 Joint Undertaking and its staff.
Amendment 78 #
Proposal for a Regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the FCH 2 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 the Governing Board in the performance of their duties.
Amendment 79 #
Proposal for a Regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 80 #
Proposal for a Regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 91 #
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 FCH 2 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 93 #
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 94 #
Proposal for a Regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
Amendment 102 #
Proposal for a Regulation
Annex 1 – part 2 – point b
Annex 1 – part 2 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsementfollowing deliberation by the body responsible for its governance, the New Energy World Industry Grouping AISBL, a non-profit organisation established under Belgian Law (registration number: 890025478, with its permanent office in Brussels, Belgium) (hereinafter referred to as the ‘Industry Grouping’), and
Amendment 103 #
Proposal for a Regulation
Annex 1 – part 2 – point c
Annex 1 – part 2 – point c
(c) upon acceptance of these Statutes by means of a letter of endorsement, thefollowing deliberation by the body responsible for its governance, New European Research Grouping on Fuel Cells and Hydrogen AISBL, a non-profit organisation established under Belgian Law (registration number: 0897.679.372, with its permanent office in Brussels, Belgium) (hereinafter referred to as the ‘Research Grouping’).
Amendment 104 #
Proposal for a Regulation
Annex 1 – part 3 – point 1
Annex 1 – part 3 – point 1
1. Any Member may terminate its membership to the FCH 2 Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Memfber shall be discharged from any obligations other than those approved or incurred by the FCH 2 Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the FCH 2 Joint Undertaking.
Amendment 106 #
Proposal for a Regulation
Annex 1 – part 3 – point 2
Annex 1 – part 3 – point 2
2. Membership of the FCH 2 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 116 #
Proposal for a Regulation
Annex 1 – part 7 – point 2 – point e
Annex 1 – part 7 – point 2 – point e
(e) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 117 #
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 122 #
Proposal for a Regulation
Annex 1 – part 8 – point 1 – subparagraph 1
Annex 1 – part 8 – point 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 FCH 2 Joint Undertaking in the selection procedure as appropriate. The European Parliament shall be entitled to object.
Amendment 123 #
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 124 #
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 126 #
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 an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council;
Amendment 147 #
Proposal for a Regulation
Annex 1 – part 14 a (new)
Annex 1 – part 14 a (new)
14a. Should any member of the Clean Sky 2 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 defaulter'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 150 #
Proposal for a Regulation
Annex 1 – part 17 – point 4 – subparagraph 1
Annex 1 – part 17 – point 4 – subparagraph 1
4. The accounts of the FCFGH 2 Joint Undertaking shall be examined by an independent audit body as laid down inthe Court of Auditors as part of the discharge procedure. In its deliberations, the Court shall take account of the findings of the independent audit body required to deliver an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012. of the European Parliament and the Council;
Amendment 153 #
Proposal for a Regulation
Annex 1 – part 17 – point 4 – subparagraph 2
Annex 1 – part 17 – point 4 – subparagraph 2
Amendment 156 #
Proposal for a Regulation
Annex 1 – part 21 – point 4
Annex 1 – part 21 – point 4
4. When the FCH 2 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 FCH 2 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.