Activities of Lara WOLTERS related to 2021/2071(INI)
Shadow reports (1)
REPORT on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget
Amendments (13)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.
Amendment 12 #
Motion for a resolution
Recital B
Recital B
B. whereas the Commission declared that it would develop guidelines for the application of the Regulation, following undue pressure by the European Council;
Amendment 16 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofRegrets the Commission’s intention to develop guidelines for the application of the Regulation; recalls that Parliament has called the guidelines superfluous; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;
Amendment 21 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Strongly believes that the Regulation is a key tool in light of the extension of EU budgetary instruments following the Covid crisis and in light of the urgent rule of law deficiencies in some member states; upholds that any guidelines or actions for annulment brought by individual member states should in no way delay the application of the Regulation;
Amendment 22 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Deeply regrets that the Commission failed to meet the deadline to fulfil its obligations under the Regulation by 1 June 2021, which was clearly stipulated in Parliament's resolution on the matter of 25 March 2021; stresses that Parliament has clearly reiterated that it did not see the need for guidelines in the first place and that a situation in which the Commission accepts unilateral instructions on guidelines by the Council but lets a deadline set by the Parliament lapse is regrettable, especially in light of the fact that the preparation of the guidelines is delaying the application of the Regulation; welcomes therefore Parliament's overwhelming support on June 10th for launching Article 265 TFEU to bring an action for failure to act against the Commission;
Amendment 25 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that guidelines are not legally binding; notes with disappointment that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;
Amendment 28 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that guidelines cannot alter, expand or narrow the text of the Regulation; emphasises that in order to add any value, guidelines must clarify how the legislative provisions of the Regulation will be applied in practice and therefore outline the procedure, definitions and methodology that the Commission will apply;
Amendment 34 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigaction under the Regulation by sending a written notification uander informing Parliament thereof, as stipulated in Article 6(1) of the Regulation;
Amendment 42 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to report to Parliament on a quarterly or semi-annualcontinuous and pro- active basis regarding new and ongoing cases under investigation, starting as soon as possible with the first cases;
Amendment 72 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. ERecalls the principles of the rule of law, as enshrined in Article 2 TEU, such as legality, legal certainty, prohibition of arbitrariness of the executive powers, effective judicial protection, the separation of powers, and non- discrimination and equality before the law; emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness;
Amendment 78 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the bulk of EU funds is implemented under shared management, with Member States having a primary responsibility for sound financial management, transparency and non-discrimination; in this light considers it imperative to supervise the proper functioning of management and control systems, for which the Regulation is a long-awaited and necessary instrument; recalls that measures under the Regulation are necessary in particular, but not exclusively, in cases where other procedures set out in sector-specific or financial legislation would not allow the Union budget to be protected more effectively; stresses that this does not mean that the Regulation is to be considered as a ‘last resort’, but rathermeans that the Commission can use a wide range of procedures to protect the Union’s financial interests, including the Regulation, to be chosen on a case- by-case basis depending on their efficiency and effectiveness;
Amendment 89 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges or the neutrality of public authorities, have in general a clear indirect impact on the proper management, spending and control of Union funds; considers such ‘systemic’ breaches as affecting the Union budget in a sufficiently direct way;
Amendment 92 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that Article 6 of the Regulation sets out all steps and a precise timeline for the adoption of measures under the Regulation; underlines that the procedure for adopting and lifting measures respects the principles of objectivity, non-discrimination and equal treatment of Member States and is to be conducted using a non-partisan and evidence-based approach; stresses that the Commission can still avoid that an action for failure to act is launched by taking the first steps stipulated in Article 6(1) of the Regulation without delay, and informing the Parliament thereof;