19 Amendments of Jens GEIER related to 2010/0054(COD)
Amendment 32 #
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (hereinafter the Financial Regulation), lays down the budgetary principles and financial rules which should be respected in all legislative acts. It is necessary to amend certain provisions of the Financial Regulation in order to take account of the amendments introduced by the Treaty of Lisbon and of the establishment of the European External Action Service.
Amendment 34 #
Proposal for a regulation – amending act
Recital 2
Recital 2
(2) The Treaty of Lisbon establishes a European External Action Service (hereinafter “EEAS”). According to the conclusions of the European Council of 29 and 30 October 2009Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1, the EEAS is a service of a sui generis nature and shouldis to be treated as an institution for the purposes of the Financial Regulation. ___________________ 1 OJ L 201, 3.8.2010, p.30.
Amendment 36 #
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) Given that the EEAS should be treated as an institution for the purposes of the Financial Regulation, the European Parliament is to grant discharge to the EEAS for the implementation of the appropriations voted in the EEAS section of the Budget. In this context, the EEAS shall be fully subject to the procedures provided for in Article 319 of the Treaty on the Functioning of the European Union and in Articles 145 to 147 of the Financial Regulation. The EEAS shall fully cooperate with institutions involved in the discharge procedure and provide, as appropriate, the additional necessary information, including through attendance in meetings of the relevant bodies. The European Parliament should also continue to grant discharge to the Commission for the implementation of Commission’s section of the Budget, including operational appropriations implemented by Heads of Delegations who are sub-delegated authorising officers of the Commission. Given the complexity of this structure, high-standard provisions on traceability and budgetary and financial accountability need to be applied.
Amendment 38 #
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) The Lisbon Treaty foresees that Commission Delegations become part of the EEAS as Union Delegations. In order to ensure their efficient management, all administrative and support expenditure of Union Delegations which finance common costs should be executed by a single support service. To that effect, the Financial Regulation should foresee the possibility for detailed rules, to be agreed with the Commission, in order to facilitate the implementation of the Union Delegations’ operating appropriations entered in the EEAS and the Council sections of the Budget.
Amendment 41 #
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) It is necessary to ensure the continuity of the functioning of Union Delegations and in particular the continuity and efficiency in the management of external aid by the Delegations. Therefore the Commission should be authorised to subdelegate its powers of budget implementation of operational expenditure to Heads of Union Delegations belonging to EEAS as a separate institution. Furthermore, where the Commission implements the budget under direct centralised management, it should be allowed to do so also through sub- delegation to Heads of Union Delegations. The authorising officers by delegation of the Commission should continue to be responsible for the definition of internal management and control systems, while the Heads of Union Delegations should be responsible for the adequate set up and functioning of internal management and control systems and for the management of the funds and the operations carried out within their Delegations and they should report twice a year to that effect. The Commission shall have the right to withdraw specific subdelegations in accordance with its own rules.
Amendment 47 #
Proposal for a regulation – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to ensure democratic scrutiny of the implementation of the European Union’s budget, the European Parliament may, in the context of discharge, obtain on request the declaration of assurance made by Heads of Union Delegations on the internal management and control systems in relation to their respective delegations.
Amendment 48 #
Proposal for a regulation – amending act
Recital 10 b (new)
Recital 10 b (new)
(10b) The term “High Representative of the Union for Foreign Affairs and Security Policy” is to be, for the purposes of this Regulation, interpreted in accordance with the different functions of the High Representative under Article 18 of the Treaty on European Union.
Amendment 50 #
Proposal for a regulation – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC, Euratom) No 1605/2002
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
(4a) In Article 31, the following paragraph is inserted after paragraph 1: “The European External Action Service shall draw up an estimate of its revenue and expenditure, which it shall send to the Commission before 1 July each year. The High Representative will hold consultations with, respectively, the Commissioner for Development Policy, the Commissioner for Neighbourhood Policy and the Commissioner for International Cooperation, Humanitarian Aid and Crisis Response, regarding their respective responsibilities.”
Amendment 51 #
Proposal for a regulation – amending act
Article 1 – point 4 b (new)
Article 1 – point 4 b (new)
Regulation (EC, Euratom) No 1605/2002
Article 33 – paragraph 2 – point d a (new)
Article 33 – paragraph 2 – point d a (new)
Amendment 52 #
Proposal for a regulation – amending act
Article 1 – point 4 c (new)
Article 1 – point 4 c (new)
Regulation (EC, Euratom) No 1605/2002
Article 46 – paragraph 1 – points 6 and 7 (new)
Article 46 – paragraph 1 – points 6 and 7 (new)
(4c) In Article 46(1), the following points are added after point (5): “(5a) in individual budget lines, the expenditure necessary for the work of each individual special representative or entity with identical responsibilities; (5b) in an annex to the budget, the EEAS’ overall administrative expenditure for the previous year by delegation and for the EEAS’ central administration.”
Amendment 53 #
Proposal for a regulation – amending act
Article 1 – point 4 d (new)
Article 1 – point 4 d (new)
Regulation (EC, Euratom) No 1605/2002
Article 46 – paragraph 1 – point 5 a (new)
Article 46 – paragraph 1 – point 5 a (new)
(4d) In Article 46(1), the following point is added after point (5): “(5a) The total amount of Common foreign and security policy (hereinafter “CFSP”) operating expenditure shall be entered entirely in one budget chapter, entitled CFSP. The total amount of CFSP expenditure will be distributed between the Articles of the CFSP budget chapter. Those Articles will contain items which cover the CFSP expenditure of at least the major missions.”
Amendment 54 #
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC, Euratom) No 1605/2002
Article 50 – paragraph 1
Article 50 – paragraph 1
(5) In the first paragraph of Article 50, the following sentence is added: “However, detailed rules may be agreed with the Commission in order to facilitate the implementation of the Union Delegations’ operating appropriations entered in the EEAS and the Council sections of the BudgetArticle 50 is replaced by the following: “The Commission shall confer on the other institutions the requisite powers for the implementation of the sections of the budget relating to them. However, detailed rules may be agreed with the Commission in order to facilitate the implementation of the Union Delegations’ appropriations entered in the EEAS section of the Budget. Within the EEAS, a Director General for budget and administration shall be responsible to the High Representative for the administrative and internal budgetary management of the EEAS. He shall work within the existing format and follow the same administrative rules which are applicable to the Part of Section III of the EU budget which falls under heading 5 of the Multiannual Financial Framework. Each institution shall exercise these powers in accordance with this Regulation and within the limits of the appropriations authorised.”
Amendment 55 #
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC, Euratom) No 1605/2002
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
The Commission shall have the right to withdraw specific subdelegations in accordance with its own rules.
Amendment 56 #
Proposal for a regulation – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Regulation (EC, Euratom) No 1605/2002
Article 60 – paragraph 7 – subparagraph 2
Article 60 – paragraph 7 – subparagraph 2
(8a) At the end of the second subparagraph of Article 60(7), the following sentence shall be added: “The annual activity reports shall be made available on request to the Budgetary Authority.”
Amendment 57 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC, Euratom) No 1605/2002
Article 60 a
Article 60 a
“1. Where Heads of Union Delegations act as authorising officers by subdelegation in accordance with the second paragraph of Article 51, they shall cooperate closely with the Commission for the proper implementation of the funds, in order to ensure in particular the legality and regularity of financial transactions, the respect of the principle of sound financial management in the management of the funds and the effective protection the financial interests of the Union. To this effect, they shall take the measures necessary to prevent any situation susceptible to put at stake the responsibility of the Commission for the implementation of the budget sub-delegated to them as well as any conflict of interest or priorities having impact on the implementation of the financial management tasks sub- delegated to them. Where a situation or conflict referred to in the second subparagraph arises, the Heads of Union Delegations shall inform the responsible Commission department and the High Representative of the Union for Foreign Affairs and Security Policy thereof without delayDirectors-General of the Commission and of the EEAS thereof without delay. They shall take appropriate steps to remedy the situation. 2. When a Head of a Union Delegation finds himself in a situation referred to in Article 60(6), he shall refer to the specialised financial irregularities panel set up pursuant to Article 66(4). In the event of any illegal activity, fraud or corruption which may harm the interests of the Union, he shall inform the authorities and bodies designated by the applicable legislation. 3. Heads of Union Delegations acting as authorising officers by subdelegation in accordance with the second paragraph of Article 51 shall report twice a year to their authorising officer by delegation so that the latter can integrate their reports in his annual activity report referred to in Article 60(7). That biannual report submitted by the Heads of Union Delegation shall include information on the efficiency and effectiveness of internal management and control systems put in place in their delegation, as well as the management of operations subdelegated to them. Upon request, and in the context of discharge, the European Parliament’s competent committee may obtain the declaration of assurance made by Heads of Union Delegations on the internal management and control systems in their delegation. 4. Heads of Union Delegations acting as authorising officers by subdelegation in accordance with the second paragraph of Article 51 shall reply to any request by the authorising officer by delegation of the Commission. 4a. The Commission shall ensure that sub-delegating powers are not detrimental to the discharge procedure in the European Parliament, in the context of which the Commission bears full responsibility for the operating budget of the EEAS.”
Amendment 58 #
Proposal for a regulation – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Regulation (EC, Euratom) No 1605/2002
Article 66 – paragraph 3 a
Article 66 – paragraph 3 a
“3a. In the event of subdelegation to the Heads of Union Delegations, the authorising officer by delegation shall be responsible for the definition of the internal management and control systems put in place, their efficiency and effectiveness. The Heads of Union Delegations shall be responsible for the adequate set up and functioning of those systems, in accordance with the instructions of the authorising officer by delegation, and for the management of the funds and the operations they carry within the Union Delegation under their responsibility. Before taking up their duties, they should have the necessary professional skills on the tasks and responsibilities of authorising officers and the implementation of the budget. Heads of Union Delegations shall report on their responsibilities pursuant to the first subparagraph of this paragraph in accordance with Article 60a(3). Each year, Heads of Union Delegations shall provide to the authorising officer by delegation of the Commission a statement of assurance on the internal management and control systems put in place in their Delegation in order to allow the authorising officer to establish his own statement of assurance, as well as on the management of operations subdelegated to them and the results thereof, in order to allow the authorising officer to establish his own statement of assurance. This shall be annexed, together with the annual activity report of the Head of Delegation, to the annual activity report of the authorising officer by delegation, which shall, on request, be transmitted to the European Parliament.”
Amendment 59 #
Proposal for a regulation – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Regulation (EC, Euratom) No 1605/2002
Article 66 – paragraph 5 – subparagraph 3 a (new)
Article 66 – paragraph 5 – subparagraph 3 a (new)
This shall apply mutatis mutandis to the authorities of a Member State in respect of temporary agents and seconded national experts. The Member State of origin shall be liable for all sums not recovered within three years of a decision on liability being taken.
Amendment 60 #
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC, Euratom) No 1605/2002
Article 85 – paragraph 1 a
Article 85 – paragraph 1 a
For the purposes of the internal auditing of the EEAS, Heads of Union Delegations, acting as authorising officers by subdelegation in accordance with the second paragraph of Article 51 shall be subject to the verifying powers of the internal auditor of the Commission acting in cooperation with the internal auditor of the EEAS, for the financial management subdelegated to them.
Amendment 61 #
Proposal for a regulation – amending act
Article 1 – point 12 a (new)
Article 1 – point 12 a (new)
Regulation (EC, Euratom) No 1605/2002
Article 147 a (new)
Article 147 a (new)
(12a) The following Article is inserted: “Article 147a The EEAS shall be fully subject to the procedures provided for in Article 319 of the Treaty on the Functioning of the European Union and in Articles 145 to 147 of the Financial Regulation. The EEAS shall fully cooperate with institutions involved in the discharge procedure and provide, as appropriate, the additional necessary information, including through attendance in meetings of the relevant bodies.”