24 Amendments of Philippe LAMBERTS related to 2013/0181(COD)
Amendment 33 #
Proposal for a regulation
Recital 2
Recital 2
(2) Regulation (EU) No 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement measures to correct excessive macroeconomic imbalances in the euro area2 lays down a system of financial sanctionscorrective mechanism against euro area Member States for the effective correction of excessive macroeconomic imbalances. __________________ 2 OJ L 306, 23.11.2011, p. 8
Amendment 35 #
Proposal for a regulation
Recital 4
Recital 4
(4) The AMR, which is based on a scoreboard with a set of indicators the values of which are compared to their indicative thresholds, is an initial screening device whereby the Commission identifies Member States where it considers that developments warrant further in-depth analysis to determine whether imbalances exist or risk emerging. The AMR should include MIP relevant data. It is however in the following in-depth reviews that the driving forces behind the observed developments are analysed in detail with a view to determining the nature of the imbalances. The scoreboard and the thresholds areshould not interpreted mechanically, but arshould be subject to economic reading. When carrying out in- depth reviews, the Commission will examine a broad range of economic variables and additional information taking due account of country specific circumstances. For these reasons, all the data that may be used for the purpose of the macroeconomic imbalances procedure cannot be listed in advance in an exhaustive manner, but should be defined by reference to the procedures set out in Regulation (EU) No 1176/2011 for the detection of macroeconomic imbalances as well as the prevention and correction of excessive macroeconomic imbalances within the Union. In implementing, monitoring and assessing the macroeconomic imbalances procedure, the Commission and the Council, the Council and the European Parliament should give preference to statistics which are compiled and transmitted, by Member States, to the Commission (Eurostat). Other statistics, which are not compiled and transmitted this way, should only be used when the former statistics do not provide the required information, and taking due account of the quality of these other statistics.
Amendment 36 #
Proposal for a regulation
Recital 6
Recital 6
(6) It is essential that the statistical production necessary for the performance of the activities of the Union should only be based on reliable data. In the production of MIP relevant data, which is an essential input for the detection of macroeconomic imbalances as well as the prevention and correction of excessive macroeconomic imbalances within the Union, unreliable data can have a significant impact on the interest of the Union. Additional measures to make the enforcement of the production, provision and quality monitoring of MIP relevant data more effective are necessary for the performance of the macroeconomic imbalances procedure. Those measures should enhance the credibility of the underlying statistical information as well as of the provision and quality monitoring of the MIP relevant data. In order to deter against misrepresentation, whether intentional or due to serious negligence, of MIP relevant data, a mechanism of financial sanctionscorrective mechanism should be established, which will also serve the purpose of ensuring due diligence in the production of MIP relevant data.
Amendment 39 #
Proposal for a regulation
Recital 7
Recital 7
(7) To supplementpecify the rules on calculating the fineterest bearing deposits for manipulation of statistics as well as the rules on the procedure to be followed by the Commission for the investigation of such actions related to the manipulation of statistics, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘the Treaty’) should be delegated to the Commission in respect of detailed criteria for establishing the amount of the fine and for conducting the Commission's investigations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When preparing and drawing up delegated acts, the Commission should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 41 #
Proposal for a regulation
Recital 9
Recital 9
(9) Close cooperation between the European Statistical System and the European System of Central Banks should be ensured in relation to MIP relevant data, in line with Article 9 of Regulation (EC) No 223/2009, in order to minimise the reporting burden, guarantee coherence, improve the underlying statistics and ensure comparability. Practical operational arrangements for the cooperation between the ESS and the ESCB on quality assurance for statistical data for the MIP could be laid down in a memorandum of understanding. Given its long-standing experience in the areas of statistics covered by the MIP relevant data, the Committee on Monetary, Financial and Balance of Payments Statistics (CMFB) established by the Council Decision 2006/856/EC could provide advice on the practical operational arrangements for cooperation that could be reflected in such a memorandum of understanding.'
Amendment 42 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The strengthening of economic governance through an improved statistical monitoring system of MIP relevant data should include a closer and more timely involvement of the European Parliament and the national parliaments. While recognising that the counterparts of the European Parliament in the framework of the dialogue are the relevant institutions of the Union and their representatives, the competent committee of the European Parliament may extend invitations to representatives of the National Statistical Institutes (NSIs) to voluntarily participate in hearings.
Amendment 49 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall adopt implementing acts with a view to defining the modalities, structure and periodicity of the quality reports referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).
Amendment 51 #
Proposal for a regulation
Chapter 6 – title
Chapter 6 – title
Amendment 53 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the Commission (Eurostat) identifies problems, in particular in the context of the quality assessment under Article 5, it may decide to carry out missiondialogue visits to the Member State concerned.
Amendment 55 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The aim of such missiondialogue visits shall be to investigate in depth the quality of the MIP relevant data concerned. The missiondialogue visits shall concentrate on methodological issues, the sources and methods described in the inventories, the data and supporting statistical processes with a view to assessing their compliance with the relevant accounting and statistical rules.
Amendment 58 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission (Eurostat) shall report to the relevant committee of the European Parliament and to the Economic Policy Committee set up by Council Decision 74/122/EEC7 on the findings of these missiondialogue visits, including any comments on these findings made by the Member State concerned. After having been transmitted to the Economic Policy Committee, these reports, along with any comments made by the Member State concerned, shall be made public, without prejudice to the provisions concerning statistical confidentiality in Regulation (EC) No 223/2009. __________________ 7 OJ L 63, 5.3.1974, p.21 OJ L 63, 5.3.1974, p.21
Amendment 60 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall, at the request of the Commission (Eurostat), provide the assistance from experts on statistical issues related to the macroeconomic imbalances procedure, including for the preparation and carrying-out of the missiondialogue visits. In the exercise of their duties, these experts shall provide independent expertise. A list of those experts shall be constituted by (date to be fixed) on the basis of proposals sent to the Commission (Eurostat) by the national authorities responsible for the MIP relevant data.
Amendment 67 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Council, acting on a proposalrecommendation by the Commission, may decide to impose a finen interest bearing deposit on a Member State that intentionally or by serious negligence misrepresents the MIP relevant data. The Member State shall report to the Commission on the corrective actions necessary to adress the misrepresentation referred to in the fist subparagraph. The report shall be made public.
Amendment 72 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The fineterest bearing deposit referred to in paragraph 1 shall be effective, dissuasive and proportionate to the nature, seriousness and duration of the misrepresentation. The amount of the fineterest bearing shall not exceed 0.05% of the GDP of the Member State concerned.
Amendment 75 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Upon completion of its investigation, and before submitting any proposalrecommendation to the Council, the Commission shall give the Member State concerned the opportunity of being heard in relation to the matters under investigation. The Commission shall base any proposalrecommendation to the Council only on facts on which the Member State concerned has had the opportunity to comment.
Amendment 76 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 a (new)
Article 9 – paragraph 3 – subparagraph 2 a (new)
The Commission shall inform the competent Committee of the European Parliament of any investigation or recommendation made pursuant to this paragraph.
Amendment 82 #
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) detailed criteria establishing the amount of the fineterest bearing deposit referred to in paragraph 1;
Amendment 83 #
Proposal for a regulation
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) detailed rules of procedure aimed at guaranteeing the rights of the defence, access to the file, legal representation, confidentiality and provisions as to timing and the collection of the fineterest bearing deposits referred to in paragraph 1.
Amendment 84 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Court of Justice of the European Union shall have unlimited jurisdiction to review the decisions of the Council imposing fineterest bearing deposits under paragraph 1. It may annul, reduce or increase the fineterest bearing deposit so imposed.
Amendment 86 #
Proposal for a regulation
Chapter 9 – title
Chapter 9 – title
NATURE AND BUDGET DISTRIBUTION OF THE SANCTIONSOF THE CORRECTIVE MECHANISM
Amendment 87 #
Proposal for a regulation
Article 11
Article 11
Amendment 92 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. A delegated act adopted pursuant to Article 9(4) 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 two months at the initiative of the European Parliament or of the Council.
Amendment 96 #
Proposal for a regulation
Article 17
Article 17
The Commission (Eurostat) shall report regularly and at least annually to the European Parliament and to the Council on the activities carried out by the Commission (Eurostat) for the purpose of implementing this Regulationin the context of the European Semester as referred to in Regulation (EU) No 1175/2011 of the European Parliament and of the Council.
Amendment 97 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b
Article 18 – paragraph 2 – subparagraph 1 – point b
(b) the effectiveness and the proportionality of this Regulation and the applied monitoring process.