15 Amendments of Tamás DEUTSCH related to 2014/0180(COD)
Amendment 17 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) It is appropriate to identify and treat distinctly different cases usually referred to as situations of "conflict of interest". The notion of "conflict of interest" should be solely used for cases where an official or agent of an EU institution is in such situation. If an economic operator attempts to unduly influence a procedure or obtain confidential information, this is to be treated as "grave professional misconduct". Finally, economic operators may be in a situation where they cannot implement a contract because of a professional conflicting interest, for instance a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified.
Amendment 26 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 1 a (new)
Article 106 – paragraph 1 a (new)
(1a) Evidence may include: (a) facts established in the context of audits or investigations carried out by the Court of Auditors, the Anti-Fraud Office (OLAF) or internal audit, or any other check, audit or control made under the responsibility of the contracting authority; (b) administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics, decisions of the ECB, the EIB, international organisations, or the Commission relating to the infringement of the Union's competition rules or decisions of a national competent authority.
Amendment 27 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 3 – subparagraph 1
Article 106 – paragraph 3 – subparagraph 1
3. Except for cases provided for in point (d) of paragraph 1, the contracting authoritypanel may decide not to exclude the economic operator concerned where it has taken remedial measures to demonstrate its reliability.
Amendment 29 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) This Regulation respects the fundamental rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union, in particular Articles 47 to 50 thereof, from which it can be derived that the legality and proportionality of offences and penalties must be ensured, and that everyone has the right to an effective remedy and a fair trial, the right of defence and the right not to be tried or punished twice in a proceeding for the same offence.
Amendment 31 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 3 – introductory part
Article 108 – paragraph 3 – introductory part
3. For the situations referred to in points (b), (d), (e) and (f) of Article 106(1), a panel shall be set up by the Commission at the request of an authorising officer of the Commission or of an executive agency or a joint panel at the request of another institution, body or European office. The panel shall appoint a standing high-level body and shall be composed of members with technical and legal competences. The Commission shall ensure that it can work independently. The panel, on behalf of the Commission and its executive agencies, other institutions, bodies or European offices, shall apply the following procedure:
Amendment 38 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 108 – paragraph 5 – subparagraph 2
Article 108 – paragraph 5 – subparagraph 2
As part of the measures referred to under point (c) of Article 60(1), the Commission may also exclude an economic operator and/or impose financial penalties under the conditions laid down in paragraph 3 of this Article. Where the budget is implemented in indirect management with third countries, the Commission may take an exclusion decision or impose a financial penalty in accordance with the procedure referred to in paragraph 3, following the failure of the third country entrusted pursuant to point (c) of Article 58(1) to do so. This does not affect the responsibility, under Article 60(3), of the third country to prevent, detect and correct irregularities and fraud.
Amendment 40 #
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 110 – paragraph 1 – point c
Article 110 – paragraph 1 – point c
(c) the candidate or tenderer meets the selection criteria specified in the procurement documents. and is not subject to conflicting interests which may negatively affect the performance of the contract.
Amendment 42 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 966/2012
Article 106 – paragraph 1 – point d
Article 106 – paragraph 1 – point d
(d) fraud, tax fraud, tax evasion – including tax evasion via untaxed offshore structures –, corruption, participation in a criminal organisation, money laundering, terrorist financing, terrorist-related offences, child labour or other forms of trafficking in human beings on the basis of evidence established by the panel referred to in Article 108 or as established by a final judgement;
Amendment 51 #
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 162 – paragraph 1
Article 162 – paragraph 1
(11a) Article 162(1) is replaced by the following: '1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 30 June, any observations which are, in its opinion, such that they should appear in the annual report. Those observations shall remain confidential and shall be subject to an adversarial procedure. They shall nevertheless be made available to the European Parliament on request, if appropriate on a confidential basis. Each institution shall address its reply to the Court of Auditors by 15 October. The replies of institutions other than the Commission shall be sent to the Commission at the same time.'
Amendment 53 #
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 164
Article 164
(11a) Article 164 is replaced by the following: '1. The European Parliament, upon a recommendation from the Council acting by qualified majority, shall, before 15 May of year n + 2, give a discharge to the Commission in respect of the implementation of the budget for year n to the Union institutions and the bodies referred to in Articles 208 and 209. 2. If the date provided for in paragraph 1 cannot be met, the European Parliament or the Council shall inform the Commissioninstitutions and bodies concerned of the reasons for the postponement. 3. If the European Parliament postpones the decision giving a discharge, the Commissioninstitutions and bodies concerned shall make every effort to take measures, as soon as possible, to remove or facilitate removal of the obstacles to that decision.'
Amendment 54 #
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 165 – paragraph 3
Article 165 – paragraph 3
Amendment 55 #
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 166
Article 166
(11a) Article 166 is replaced by the following: '1. In accordance with Article 319 TFEU and Article 106a of the Euratom Treaty, the Commission and the other institutions and bodies shall take all appropriate steps to act on the observations accompanying the European Parliament’s discharge decision and on the comments accompanying the recommendation for discharge adopted by the Council. 2. At the request of the European Parliament or the Council, the institutions and bodies shall report on the measures taken in the light of those observations and comments, and, in particular, on the instructions they have given to any of their departments which are responsible for the implementation of the budget. The Member States shall cooperate with the Commission by informing it of the measures they have taken to act on those observations so that the Commission may take them into account when drawing up its own report. The reports from the institutions shall also be transmitted to the Court of Auditors.'
Amendment 69 #
Proposal for a regulation
Article 1 - point 11 a (new)
Article 1 - point 11 a (new)
Regulation (EU, Euratom) No 966/2012
Article 162 – paragraph 1
Article 162 – paragraph 1
(11a) Article 162(1) is replaced by the following: "1. The Court of Auditors shall transmit to the Commission and the institutions concerned, by 30 June, any observations which are, in its opinion, such that they should appear in the annual report. Those observations shall remain confidential and shall be subject to an adversarial procedure. Each institution shall address its reply to the Court of Auditors by 15 October. The replies of institutions other than the Commission shall be sent to the Commission at the same time. They shall nevertheless be published in the end of the adversarial procedure."
Amendment 71 #
Proposal for a regulation
Article 1 – point 11 b (new)
Article 1 – point 11 b (new)
Regulation (EU, Euratom) No 966/2012
Article 163 – paragraph 1 – subparagraph 3
Article 163 – paragraph 1 – subparagraph 3
11b. In Article 163(1), the third subparagraph is replaced by the following: "The Court of Auditors shall adopt the definitive version of the special report the month followwithin two and a half months of transmission of those observations and after having receipt ofved the replies made byof the institution or the body concerned. that fully and precisely address those observations."
Amendment 75 #
Proposal for a regulation
Article 1 – point 11 f (new)
Article 1 – point 11 f (new)
Regulation (EU, Euratom) No 966/2012
Article 167
Article 167