BETA

202 Amendments of Crescenzio RIVELLINI

Amendment 10 #

2013/2260(DEC)

Motion for a resolution
Paragraph 141
141. Totally agrees with the statement from the Court of Auditors that ‘around 30 % (EuroUR 144 million) of the EUSF contributions was earmarked for operations which were fully eligible under the EUSF Regulation. However, the CASE project (Italian acronym for ’Complessi Antisisminici Sostenibili Ecocompatibiliti‘, i.e. seismically isolated and environmentally sustainable housing), while relevant to the actual needs, did not [fully] comply with specific provisions of the EUSF Regulation. This was because it constructed new permanent buildings instead of temporary houses. [...]The CASE project took 70 % of the funding - EUR 350 million. The strategy chosen for CASE project addressed the housing needs of 15.000 of the earthquake-affected population, but did not respond in a timely manner and with sufficient capacity to the actual needs of the population. The CASDE houses were more expensive than standard houses'21 ; notes that this was explained by emergency conditions and the need of double and night work; __________________ 21 European Court of Authors press release ECA/13/05.
2014/02/26
Committee: CONT
Amendment 11 #

2013/2260(DEC)

Motion for a resolution
Paragraph 142
142. Notes that the Court of Auditors' assessment with regard to the violation of the EUSF Regulation in connection to the funding of permanent housing is correct; notes that the Decree of the Prefect Gabrielli, 1462 April 3, 2012 confirms the assessment of the Court of Auditors, hence the decree, which transfers the CASE properties of the City of Aquila, defines C.A.S.E in Article 1 as ‘housing units intended for permanent use’22 ; __________________ 22 Art. I. I moduli abitativi destinati ad una durevole utilizzazione di cui all'articolo 2 del decreto legge 28 aprile 2009, n. 39, convertito con modificazione alla legge 24 giugno 2009, 11.77, identificati dalle corrispondenti unita immobiliari riepilogate nell’allegato n. 1, che costituisce parte integrante e sostanziale del presente decreto, sono assegnati in proprietà a titolo gratuito al Comune di L'Aquila. The Commission is of the opinion that ‘permanent’ is an incorrect translation of ’durabile’; It should read ‘lasting’.
2014/02/26
Committee: CONT
Amendment 12 #

2013/2260(DEC)

Motion for a resolution
Paragraph 143
143. Notes, however, that the Court of Auditors' Special Report No 24/2012 does not fully consider all violations of Union rules with regards to the public procurement procedures and other kinds of misuse of Union funds in the wake of the 2009 earthquake;deleted
2014/02/26
Committee: CONT
Amendment 13 #

2013/2260(DEC)

Motion for a resolution
Paragraph 144
144. Recommends that Italy should pay back the EUSF funds if, in the future, profit is derived from the projects funded by Union taxpayers;deleted
2014/02/26
Committee: CONT
Amendment 14 #

2013/2260(DEC)

Motion for a resolution
Paragraph 147
147. Notes that more than 42 % of CASE has been built by using Union taxpayers' money and not by the Italian government, as claimed by the former Italian Prime Minister, Silvio Berlusconi;
2014/02/26
Committee: CONT
Amendment 16 #

2013/2260(DEC)

Motion for a resolution
Paragraph 148 a (new)
148a. Expresses concerns for the eight individuals that have been taken into custody by the Italian police, and are currently under the suspicion of building licenses manipulation for the reconstruction works that are taking place in the Abruzzi region and in the city of L'Aquila; asks the Commission to monitor the development thereof and to report to Parliament on these developments including the criminal cases;
2014/02/26
Committee: CONT
Amendment 17 #

2013/2260(DEC)

Motion for a resolution
Paragraph 148 b (new)
148b. Welcomes the discussions relating to the revision of the EUSF Regulation, picking up "lessons learned" in the Abruzzi earthquake;
2014/02/26
Committee: CONT
Amendment 18 #

2013/2260(DEC)

Motion for a resolution
Paragraph 149
149. Agrees with Michael Kimmelmann's article in New York Times: ‘Aquila: example not to follow’23 ; __________________ 23 New York Times, November 30, 2012deleted
2014/02/26
Committee: CONT
Amendment 19 #

2013/2260(DEC)

Motion for a resolution
Paragraph 149 a (new)
149a. Notes Commissioner Hahn’s answer E-012595/2013, which states that ‘in spite of a number of irregularities detected in [the Commission’s] audit of the Solidarity Fund aid for Abruzzo, the expenditure for which it has reasonable assurance of its regularity and legality exceeds by far the amount granted by the Solidarity Fund. The Commission therefore sees no legal reason for which Italy would have to pay back any sum of the Solidarity Fund aid for the Abruzzo earthquake. Apart from the irregularities that occurred in particular relating to public procurement rules, the Commission considers that the Solidarity Fund grant for Abruzzo was for the most part implemented in a rapid and effective manner’;
2014/02/26
Committee: CONT
Amendment 3 #

2013/2145(BUD)

Draft opinion
Paragraph 3
3. Calls for the budget appropriations for 2014 to be sufficient to meet the challenges of the recently reformed Common Fisheries Policy (CFP) and the development of the Integrated Maritime Policy (IMP);
2013/08/06
Committee: PECH
Amendment 6 #

2013/2145(BUD)

Draft opinion
Paragraph 5 a (new)
5a. Notes the shift in management mode from direct management to shared management of the support to Member States' expenditure in the field of control and data collection; considers that this shift should facilitate the implementation by the Member States of their obligations in these fields, which are an essential element for the proper functioning of the CFP;
2013/08/06
Committee: PECH
Amendment 7 #

2013/2145(BUD)

Draft opinion
Paragraph 5 b (new)
5b. Notes that significant amounts related to Sustainable Fisheries Partnership Agreements have been put in reserve; urges the Commission to pursue negotiations with third countries with a view to a timely conclusion of sustainable and mutually advantageous fisheries agreements, leading to the consumption of the appropriations requested in the budget and allowing the EU fleet to gain the maximum benefit from the 2014 fishing season;
2013/08/06
Committee: PECH
Amendment 8 #

2013/2145(BUD)

Draft opinion
Paragraph 5 c (new)
5c. Observes that the majority of the payment appropriations entered in the draft budget 2014 will serve to cover the needs of the 2007-2013 programmes; acknowledges that these payment appropriations are necessary to honour the commitments of the past;
2013/08/06
Committee: PECH
Amendment 9 #

2013/2145(BUD)

Draft opinion
Paragraph 5 d (new)
5d. Deplores the proposal of the Council to make cuts in necessary payment appropriations in the 2014 budget, as this will have a specific impact on projects and programmes undertaken under the previous programming period; particularly impacted will be the completion of the European Fisheries Fund/Financial Instrument for Fisheries Guidance (shared management), where the payment appropriations in the draft budget for 2014 are already below the level of the 2013 budget;
2013/08/06
Committee: PECH
Amendment 10 #

2013/2145(BUD)

Draft opinion
Paragraph 5 e (new)
5e. Deplores the proposal of the Council to make cuts in appropriations in the 2014 budget, as this will have a damaging effect on this first year of the new programme which has been designed to support the policy reforms and initiatives in line with Europe 2020 priorities;
2013/08/06
Committee: PECH
Amendment 11 #

2013/2145(BUD)

Draft opinion
Paragraph 5 f (new)
5f. Demands that the draft 2014 budget of the Commission be restored accordingly;
2013/08/06
Committee: PECH
Amendment 103 #

2012/2107(DEC)

Motion for a resolution
Paragraph 30
30. Emphasizes that the main objective of Regulation (EC) No 389/2006 is to facilitate the reunification of the island; recommends reviewing once again theCyprus by encouraging the economic development of the Turkish Cypriot community with particular emphasis on the economic integration of the island; recommends a balanced distribution of the aid to the TCc and thbetween the five objectives obstacles related to the sustainability of the projects; suggests considering whether large scale bi- communal infrastructure programs should still be pursued or a focus on smaller scale bi-communal projectsf the Regulation, i.e. the promotion of economic and social development, the development and restructuring of infrastructure, reconciliation, confidence building measures, theand support tof the civil society, the missing persons' related activ (including also the Armenian and Maronite minorities), the youth mobility,bringing the Turkish Cypriot community closer to the Union, and the preservparation of historical sites should be considered insteadthe introduction and implementation of the acquis communautaire upon the reunification of Cyprus;
2012/11/12
Committee: CONT
Amendment 106 #

2012/2107(DEC)

Motion for a resolution
Paragraph 30 a (new)
30a. Recognizes - despite the failure of the seawater desalination plant for various reasons - the need for further support of infrastructure, economic and social development; underlines its strong support for smaller projects such as youth programs, the preservation of historical sites, bringing the communities together, and activities related to missing persons;
2012/11/12
Committee: CONT
Amendment 1 #

2012/2060(DEC)

Motion for a resolution
Citation 4 a (new)
- having regard to the opinion No 7/2011 of the Court of Auditors on the proposal for a Regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/20061, ________________ 1 OJ C 47, 17.2.2012, p. 1.
2012/06/11
Committee: CONT
Amendment 7 #

2012/2060(DEC)

Motion for a resolution
Paragraph 9
9. Notes with concern that the previous annual implementation reports, monitoring committees and operational program indicators have been considered as inadequate or inappropriate to the targets and purposes of financial instruments; welcomes the developments in the reporting and monitoring activity registered with JEREMYIE;
2012/06/11
Committee: CONT
Amendment 8 #

2012/2060(DEC)

Motion for a resolution
Paragraph 10 a (new)
10a. Recognizes the potential of innovative financial engineering instruments to build up capital and enhancing investments, as opposed to grants consistently perceived to be excessively cumbersome and bureaucratic by their beneficiaries; underlines that financial engineering instruments could play an important role in achieving the Europe 2020 Strategy's objectives by attracting funding from other investors in areas of strong Union's interest;
2012/06/11
Committee: CONT
Amendment 11 #

2012/2060(DEC)

Motion for a resolution
Paragraph 14
14. Deplores that, in some cases, information on management costs borne by the SMEs was not available or was not reliable; invites the competent authorities to improve the current situation and to provide for the future all the relevant information; recognises that a distinction should be made in relation to costs of the financial engineering instruments ("FEI")[ Management cost of the JEREMIE Holding Fund (JHF) and management cost of financial intermediaries ("FI")] and the cost to SMEs;
2012/06/11
Committee: CONT
Amendment 13 #

2012/2060(DEC)

Motion for a resolution
Paragraph 21 a (new)
21a. Believes that matters to be covered by delegated acts, which are meant to cover non-essential elements of Union legislation, should not deal in reality with key elements of the future Cohesion scheme1; ________________ 1 Such as the adoption of a Common Strategic Framework; the adoption of detailed rules on financial instruments; the responsibilities of Member States concerning the procedure for reporting irregularities and recovery of sums unduly paid; the conditions of national audits; the accreditation criteria for managing authorities and certifying authorities;
2012/06/11
Committee: CONT
Amendment 14 #

2012/2060(DEC)

Motion for a resolution
Paragraph 22
22. Strongly recommends that the LegislatorCouncil and the Commission, when designing proposals for the Structural Funds regulations, should endow with a more adequate regulatory framework so that the design and the implementation of financial engineering measures do not suffer from the deficiencies of the Structural Funds‘ regulatory framework, geographical constraints and scattering effects; asks that lessons learnt from the current programming period be reflected when designing the proposals for the Structural Funds regulation; considers in particular that proposals should be oriented towards performance and results rather than mere compliance;
2012/06/11
Committee: CONT
Amendment 16 #

2012/2060(DEC)

Motion for a resolution
Paragraph 26
26. Takes the view that the Commission should propose a common definition of multiplier effect, standard concepts of recycling in the Structural Funds regulations, depending on the type of holding fund or fund as well as require contractually binding minimum leverage ratios and minimum revolving periods and data for the calculation of leverage indicators; considers that the concept of added value should be regarded as a relevant component in the calculation of leverage ratios in order to achieve relevant policy objectives as well as take market conditions into account.; considers that to this end it would be advisable to articulate the concept of European added value in the legal framework for the 2014-2020 period;
2012/06/11
Committee: CONT
Amendment 17 #

2012/2060(DEC)

Motion for a resolution
Paragraph 27
27. Asks the LegislatorCouncil and the Commission to consider alternative ways of pursuing SME support through financial engineering instruments if the cohesion policy framework were to be considered unsuitable; notes that such instruments should either be supported by programmes centrally managed by the Commission, dedicated investment vehicles in cooperation with the Commission and the Member States or by the Member States directly;
2012/06/11
Committee: CONT
Amendment 2 #

2011/2307(INI)

Draft opinion
Paragraph 2
2. Points out that the commitment to maintain or restore fish stocks to levels above those that can produce the maximum sustainable yield (MSY) by 2015, as provided for in the common fisheries policy reform package proposed by the Commission, was endorsed by the Heads of State and Government at the Johannesburg World Summit on Sustainable Development in 2002;
2012/01/09
Committee: PECH
Amendment 3 #

2011/2307(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to clarify and reviewfurther develop the MSY approach, taking account of all aspects of fish populations, in particular size, age and reproductive status, and addressing the issue of multi-species stocks and taking into account ecosystem interactions;
2012/01/09
Committee: PECH
Amendment 5 #

2011/2307(INI)

Draft opinion
Paragraph 4
4. Emphasises the importance of scientific advice based on reliable and completesufficient data for effective and sustainable fisheries management; stresses the need for data on a wide range of ecosystem parameters in order to develop an ecosystem-based approach to fisheries and calls on Member States to significantly step up their efforts in collecting and providing such data;
2012/01/09
Committee: PECH
Amendment 6 #

2011/2307(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Welcomes the commitment to avoid by-catch of unwanted species, preserve vulnerable marine ecosystems and eliminate discards;
2012/01/09
Committee: PECH
Amendment 8 #

2011/2307(INI)

Draft opinion
Paragraph 9 a (new)
9 a. Considers that marine biodiversity conservation needs to be addressed at the highest level at the Rio+20 summit in Rio de Janeiro in June 2012;
2012/01/09
Committee: PECH
Amendment 9 #

2011/2307(INI)

Draft opinion
Paragraph 9 b (new)
9 b. Welcomes the UN General Assembly resolution on ensuring sustainability of the world's fisheries adopted 6 December 2011 stressing that urgent action is needed in efforts to achieve sustainable use of the world's oceans and seas;
2012/01/09
Committee: PECH
Amendment 4 #

2011/2186(INI)

Draft opinion
Paragraph 3
3. Calls on the EIB to undertake to support projects to promote biodiversity and management of water resources, not to fund certain types of project and to draw up lists of ‘banned areas’ and ‘banned technologies’ covering, for example, projects that result in significant changes to important natural habitats or in the production of banned substances, large dam projects that fail to comply with the recommendations of the World Commission on Dams, and extraction projects (oil, gas and minerals) which have a devastating environmental and social impact and do not comply with the World Bank Extractive Industries Review recommendations;
2011/12/21
Committee: ENVI
Amendment 9 #

2011/2186(INI)

Draft opinion
Paragraph 4
4. Welcomes the support given by the EIB to the renewable energy sector (a sector of strategic importance in meeting the EU's climate targets), which has been substantially increased over recent years (EUR 67.9 billion in 2010, as against EUR 500 m6.2 billion in 2006);
2011/12/21
Committee: ENVI
Amendment 12 #

2011/2186(INI)

Draft opinion
Paragraph 6
6. Calls for the EIB to continue to apply more stringent conditions to coal- and lignite- based energy production projects which remain eligible for EIB support in line with EU security-of-supply policy objectives, andprojects using fossil fuels, which regrettably still represent 10% of the Bank’s financing; stresses how important it is to apply those conditions with a view to phasing out EIB support for high-carbon energy production at the earliest opportunity.
2011/12/21
Committee: ENVI
Amendment 19 #

2011/2174(REG)

Draft report
Rule 19 – interpretation (new)
The term ‘any other holder of an office elected within the Parliament’ shall include the holder of the office of rapporteur for a parliamentary committee.111 .__________________ 1 This interpretation shall also apply to Article 153(3)(d).Deleted
2011/11/07
Committee: AFCO
Amendment 23 #

2011/2174(REG)

Parliament's Rules of Procedure
Annex I – Article 1 – paragraph 1 a (new)
1a. For reasons of transparency, Members shall be personally responsible for submitting a declaration of financial interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form to be adopted by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration within 30 days of each change occurring.
2011/11/07
Committee: AFCO
Amendment 24 #

2011/2174(REG)

Parliament's Rules of Procedure
Annex I – Article 1 – paragraph 1 b (new)
1b. Members may not be elected as office- holders of Parliament or one of its bodies, appointed as rapporteur, or participate in an official delegation, if they have not submitted their declaration of financial interests.
2011/11/07
Committee: AFCO
Amendment 25 #

2011/2174(REG)

Parliament's Rules of Procedure
Annex I – Article 2 – paragraph 2
Members of Parliament shall refrain from accepting any gifts or similar benefits in the performance of their duties. , except those with a very limited value given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
2011/11/07
Committee: AFCO
Amendment 26 #

2011/2174(REG)

Parliament's Rules of Procedure
Annex I – Article 2 – point c a (new)
(ca) any remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person,
2011/11/07
Committee: AFCO
Amendment 27 #

2011/2174(REG)

Parliament's Rules of Procedure
Annex I – Article 2 – point c b (new)
(cb) membership of any boards or committees of any companies, non- governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes, whether remunerated or unremunerated,
2011/11/07
Committee: AFCO
Amendment 28 #

2011/2174(REG)

Draft report
Annex I – Articles 1-4
Deleted
2011/11/07
Committee: AFCO
Amendment 29 #

2011/2174(REG)

Parliament's Rules of Procedure
Annex I – Article 4 a (new)
Article 4a Former Members who engage in professional lobbying or representational activities directly linked to the European Union decision-making process may not benefit from the facilities granted to former Members under Article 1(d) of the Bureau decision to that effect1. __________________ 1 Bureau Decision of 12 April 1999.
2011/11/07
Committee: AFCO
Amendment 31 #

2011/2174(REG)

Draft Report
Annex I (new) – Article 1 (new)
In the performance of their duties as a Member of the European Parliament, Members shall: a) be guided by and observe the following general principles of conduct: selflessness, integrity, openness, diligence, honesty, accountability and respect for Parliament's reputation, b) act solely in the public interest and shall not obtain or seek to obtain any direct or indirect financial benefit or other reward.Article 1 Deleted Guiding principles
2011/11/07
Committee: AFCO
Amendment 33 #

2011/2174(REG)

Draft report
Annex I – Article 2 (new)
In exercising their duties, Members of the European Parliament shall: a) not enter into any agreement to act or vote in the interest of any other person that would compromise their freedom of vote, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament, b) not solicit, accept or receive any direct or indirect financial benefit or other reward in exchange for influencing, or voting on, legislation, motions for a resolution, written declarations or questions tabled in Parliament or any of its committees, and shall consciously seek to avoid any situation which might imply bribery.Article 2 Deleted Main duties of Members
2011/11/07
Committee: AFCO
Amendment 36 #

2011/2174(REG)

Draft report
Annex I (new) – Article 3 (new)
1. A conflict of interest exists where a Member has a personal interest that could improperly influence the performance of his or her duties as a Member of the European Parliament. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons. 2. Any Member who finds that he or she has a conflict of interest shall immediately take the necessary steps to address it, in accordance with the principles and provisions of this Code of Conduct. If the Member is unable to resolve the conflict of interest, he or she shall report this to the President in writing. In cases of ambiguity, the Member may seek advice from the Advisory Committee on the Conduct of Members, established under Article 7. 3. Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in Plenary or in one of Parliament's bodies, or if proposed as a rapporteur, any actual or potential conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made in writing or orally to the chair during the parliamentary proceedings in question.Article 3 Deleted Conflicts of interest
2011/11/07
Committee: AFCO
Amendment 39 #

2011/2174(REG)


Annex I – article 4 – paragraph 1 (new)
1. For reasons of transparency, Members shall be personally responsible for submitting a declaration of financial interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form to be adopted by the Bureau pursuant to Article 9. They shall notify the President of any changes that have on influence on their declaration within 30 days of each change occurring.Deleted
2011/11/07
Committee: AFCO
Amendment 40 #

2011/2174(REG)

Draft report
Annex I (new) – Article 4 (new) – paragraph 2 – point a
(a) the Member's occupation(s) during the three-year period before he or she took up office with the Parliament, and his or her membership during that period of any boards or committees of companies, non- governmental organisations, associations or other bodies established in law,Deleted
2011/11/07
Committee: AFCO
Amendment 41 #

2011/2174(REG)

Draft report
Annex I – Article 4 (new) – paragraph 2 – point c (new)
c) any remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person,Deleted
2011/11/07
Committee: AFCO
Amendment 42 #

2011/2174(REG)

Draft report
Annex I – Article 2 (new) – paragraph 2 – point d (new)
d) membership of any boards or committees of any companies, non- governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes, whether remunerated or unremunerated,Deleted
2011/11/07
Committee: AFCO
Amendment 43 #

2011/2174(REG)

Draft report
Annex I (new) – Article 4 (new) – paragraph 2 – point e
(e) any occasional remunerated outside activity (including writing, lecturing or the provision of expert advice), if the total remuneration exceeds EUR 5 000 in a calendar year,Deleted
2011/11/07
Committee: AFCO
Amendment 44 #

2011/2174(REG)

Draft report
Annex I (new) – Article 4 (new) – paragraph 2 – point f
(f) any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question,Deleted
2011/11/07
Committee: AFCO
Amendment 45 #

2011/2174(REG)

Draft report
Annex I (new) – Article 4 (new) – paragraph 2 – point h
h) any other financial interests which might influence the performance of the Member's duties.Deleted
2011/11/07
Committee: AFCO
Amendment 46 #

2011/2174(REG)

Draft report
Annex I (new) – Article 4 (new) – paragraph 2 – subparagraphs 2 and 3
Any regular income Members receive in respect of each item declared in accordance with the first subparagraph shall be placed in one of the following categories: 1) EUR 500 to EUR 1000 a month; 2) EUR 1.001 to EUR 5.000 a month; 3) EUR 5.001 to EUR 10.000 a month; 4) more than EUR 10 000 a month. Any other income Members receive in respect of each item declared in accordance with the first subparagraph shall be calculated on an annual basis, divided by twelve and placed in one of the above categories.Deleted
2011/11/07
Committee: AFCO
Amendment 47 #

2011/2174(REG)

Draft report
Annex I (new) – Article 4 (new) – paragraph 3
3. The information provided to the President in line with this Article shall be published on Parliament's website in an easily accessible manner.Deleted
2011/11/07
Committee: AFCO
Amendment 48 #

2011/2174(REG)

Draft report
Annex I – Article 4 (new) – paragraph 4
4. Members may not be Delected as office- holders of Parliament or one of its bodies, appointed as rapporteur, or participate in an official delegation, if they have not submitted their declaration of financial interests.
2011/11/07
Committee: AFCO
Amendment 53 #

2011/2174(REG)

Draft report
Annex I (new) – Article 5 (new)
1. Members shall refrain from accepting any gifts or similar benefits in the performance of their duties, except those with an obvious value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity. 2. Any gifts or similar benefits given to Members, pursuant to paragraph 1, when they are representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down pursuant to Article 9.Article 5 Deleted Gifts or similar benefits
2011/11/07
Committee: AFCO
Amendment 54 #

2011/2174(REG)

Draft report
Annex I – Article 6 (new)
Former Members who engage in professional lobbying or representational activities directly linked to the European Union decision-making process may not benefit from the facilities granted to former Members under Article 1(d) of the rules laid down by the Bureau to that effect1 . __________________ 1 Bureau Decision of 12 April 1999. Bureau Decision of 12 April 1999.
2011/11/07
Committee: AFCO
Amendment 59 #

2011/2174(REG)

Draft report
Annex I (new) – Articles 7 - 9 (new)
Advisory Committee on the Conduct of 1. An Advisory Committee on the Conduct of Members ("the Advisory Committee") is hereby established. 2. The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term-of-office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance. Each Member of the Advisory Committee shall serve as chair for six months on a rotating basis. 3. The President shall also, at the beginning of his or her term-of-office, nominate reserve Members for the Advisory Committee, one for each group not represented in the Advisory Committee. In the event of an alleged breach of this Code of Conduct by a Member of a political group not represented in the Advisory Committee, the relevant reserve Member shall serve as a 6th full Member of the Advisory Committee for the alleged breach under consideration. 4. The Advisory Committee shall give guidance to Members for the interpretation and implementation of the provisions of this Code of Conduct. On request of the President, the Advisory Committee shall also assess alleged cases of breach of this Code of Conduct and advise the President on possible action to be taken. 5. The Advisory Committee may, after consulting the President, seek advice from outside experts. Procedure in the event of possible breaches of the Code of Conduct 1. Where there is reason to think that a Member may have breached this Code of Conduct, the President may refer the matter to the Advisory Committee. 2. The Advisory Committee shall examine the circumstances of the alleged breach, and on the basis of the conclusions of its findings, make a recommendation to the President on a possible decision. 3. If, taking into account the advice of the Advisory Committee, the President concludes that the Member concerned has breached the Code of Conduct, he or she shall, after hearing the Member, adopt a reasoned decision laying down a penalty, which he or she shall notify to the Member. The penalty may consist of one or more of the measures listed in Article 153(3) of the Rules of Procedure. 4. The internal appeal procedures defined in Rule 154 of the Rules of Procedure shall be open to the Member concerned. 5. Any penalty imposed on a Member after the expiry of the time-limits laid down in Rule 154 of the Rules of Procedure shall be announced by the President in plenary and published on Parliament's website for the remainder of the parliamentary term. The Bureau shall lay down Implementing Measures to this Code of Conduct, including a monitoring procedure, and shall update the amounts referred to in Articles 4 and 5, when necessary. It may bring forward proposals to revise this Code of Conduct.rticle 7 Deleted Members Article 8 Article 9 Implementation
2011/11/07
Committee: AFCO
Amendment 17 #

2011/2071(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission, therefore, to propose legally binding national targets for energy efficiency nowMember States to fully respect the indicative, voluntary national energy efficiency targets as part of the National Reform Programmes, in the light of the headline targets under the Europe 2020 Strategy, taking into account the individualof their starting points of the Member State, national circumstances and potentials, their economic performance and early action undertaken in the field;.
2011/06/21
Committee: ENVI
Amendment 515 #

2011/0380(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point 18 a (new)
(18a) ‘Fishing tourism’ means the activity carried out by professional fishermen whereby persons who are not crew members board fishing vessels as tourists or researchers, and are also served food and drink;
2013/01/17
Committee: PECH
Amendment 548 #

2011/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) promoting a balanced and inclusive territorial development of fisheries areas and the socio-economic sustainability of the fishing and aquaculture activities carried out within them;
2013/01/17
Committee: PECH
Amendment 581 #

2011/0380(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point a a (new)
(aa) promotion of the transfer between generations and support for young fishermen;
2013/01/17
Committee: PECH
Amendment 623 #

2011/0380(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point c
(c) development of new professional skills and lifelong learning in the fields of fisheries and aquaculture, in particular for young operators;
2013/01/17
Committee: PECH
Amendment 743 #

2011/0380(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point a
(a) the identification of the period of time during which applications are inadmissible referred to in paragraphs 1 and 2 which shall be proportionate to the seriousness or to the repetition of the infringement or non- compliance;
2013/01/17
Committee: PECH
Amendment 1068 #

2011/0380(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a Encouraging young people to take up careers in fishing The EMFF should encourage young people to take up careers in fishing through vocational training activities and financial aid to young fishermen planning to purchase their first fishing vessel.
2013/01/17
Committee: PECH
Amendment 1157 #

2011/0380(COD)

Proposal for a regulation
Article 32 a (new)
Article 32a Making aid for scrapping vessels conditional Ensure that aid from the EMFF can genuinely sustain the transition to sustainable fishing, by making aid granted for the scrapping of vessels conditional on the creation of an equivalent number of jobs in the fishing communities to which they belong.
2013/01/17
Committee: PECH
Amendment 1170 #

2011/0380(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. In order to improve working conditions on board for fishermenthe safety, health and living conditions of vessels, the EMFF may support investments on board or in individual equipments providing that these investments go beyond standards required under national or Union law.
2013/01/17
Committee: PECH
Amendment 1192 #

2011/0380(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Support for the reduction of fleet capacity 1. The EMFF shall contribute to funding the permanent cessation of fishing activities and the resultant scrapping of fishing vessels within the framework of multiannual national decommissioning plans. The Member States may set the level of public aid on the basis of objective, measurable criteria. 2. The EMFF may also contribute to the funding of one-off compensation measures in support of fishermen who have worked for at least one year on board a vessel and have lost their employment as a result of the permanent cessation of activities of the fishing vessel.
2013/01/17
Committee: PECH
Amendment 1197 #

2011/0380(COD)

Proposal for a regulation
Article 33 b (new)
Article 33b Support for the reduction of fishing effort The EMFF shall contribute to funding the temporary cessation of fishing activities with the aim of safeguarding fish stocks.
2013/01/17
Committee: PECH
Amendment 1792 #

2011/0380(COD)

Proposal for a regulation
Article 57 – paragraph 1 – point d a (new)
(d a) Severe damage to facilities caused by wild animals.
2013/01/17
Committee: PECH
Amendment 89 #

2011/0339(COD)

Proposal for a regulation
Article 2 – paragraph 1
The general objectives of the Health for Growth Programme shall be to work with the Member States to encourage innovation in healthcare and, increase the sustainability of health systems and promote cooperation between them, to improve the health of the EU citizens and protect them from cross- border health threats.
2012/05/21
Committee: ENVI
Amendment 99 #

2011/0339(COD)

Proposal for a regulation
Article 3 – point 2 – paragraph 1
(2) To increase access to medical expertise and information for specific conditions also beyond national borders, and to develop shared solutions and guidelines, promote research and comparisons between national health systems to improve healthcare quality and patient safety in order to increase access to better and safer healthcare for EU citizens.
2012/05/21
Committee: ENVI
Amendment 101 #

2011/0339(COD)

Proposal for a regulation
Article 3 – point 2 – paragraph 2
This objective will be measured in particular through the increase of number of health professionals using the expertise and information gathered through the European Reference Networks in the context of Directive 2011/24/EU on the application of patients' rights in cross- border healthcare (hereinafter referred to as "the European Reference Networks"); the increase of number of patients using these networks; and the increase of number of Member States using the developed guidelines.
2012/05/21
Committee: ENVI
Amendment 127 #

2011/0339(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 1 – indent 1.7 a (new)
- 1.7a. Encourage the compilation of statistics comparing individual national health systems in Europe.
2012/05/21
Committee: ENVI
Amendment 186 #

2011/0339(COD)

Proposal for a regulation
Article 14
Member States shall designate National Focal Points which shall assist the Commission in the promotion of the Programme, the dissemination of the results of the Programme and the information on impacts generated by the Programme in their respective countries. The National Focal Points shall, in addition, compile comparative statistics on the individual national health systems with a view to identifying best practice.
2012/05/21
Committee: ENVI
Amendment 195 #

2011/0339(COD)

Proposal for a regulation
Annex 1 – point 1 – point 1.7 a (new)
1.7a. Common assessment criteria, to be laid down by the Commission in agreement with the authorities of the Member States for the purpose of evaluating results and the improvements achieved.
2012/05/21
Committee: ENVI
Amendment 21 #

2011/0283(COD)

Proposal for a regulation – amending act
Recital 13
(13) In order to alleviate those problems and to speed up the implementation of the operational programmes and projects, as well as to strengthen the economic recovery, it is appropriate that the managing authorities of the Member States having experienced serious difficulties with respect to financial stability and which have been granted financial assistance according to one of the financial assistance mechanisms set out aboveall Member States may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities, in support of projects and operations foreseen under an operational programme. In addition, infrastructure and SME projects relevant in the context of economic recovery and job creation in the Member States concerned can also be supported.
2012/03/02
Committee: REGI
Amendment 31 #

2011/0283(COD)

(2) In Article 36, the following paragraph 2a is inserted: "2a. Member States meeting one of the conditions set out in Article 77(2), may contribute a part of the financial allocations indicated in Article 19 and Article 20 to a risk -sharing instrument, to be established by the Commission in agreement with the European Investment Bank, or in agreement with national or international public sector bodies or bodies governed by private law with a public service mission providing adequate guarantees as referred to in Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002, under similar terms and conditions to those applied to and by the European Investment Bank, to cover the provisioning and capital allocation of guarantees and loans, as well as other financial facilities, granted under the risk -sharing instrument. Such risk -sharing instruments shall be used exclusively for loans and guarantees, as well as other financial facilities, to finance operations co-financed by the European Regional Development Fund or the Cohesion Fund, regarding expenditure which is not covered by Article 56or infrastructure and SME projects relevant in the context of economic recovery and job creation in the Member States concerned. The risk -sharing instrument shall be implemented by the Commission within the framework of indirect centralised management in accordance with Article 54(2) of Regulation (EC, Euratom) No 1605/2002. Payments to the risk -sharing instrument shall be made in tranches, in accordance with the scheduled use of the risk -sharing instrument in providing loans and guarantees financing specific operations. TAt the request of the Member State concerned shall address a request to, the Commission who shall adopt a decision, in accordance with the request of the Member State concerned, by means of an implementing act, describing the system established to guarantee that the amount available is used for the exclusive benefit of the Member State which provided it within its cohesion policy financial allocation pursuant to Article 18(2), as well as the terms and conditions applicable to such risk sharing instrument. These terms and conditions shall at least address the following: (a) traceability and accounting, information on the use of the funds and monitoring and control systems; and (b) structure of the fees and other administrative and management costs. The financial allocations to the risk-sharing instrument shall be strictly capped and shall not create contingent liabilities for the Union budget or the Member State concerned. Any amount left-over after the completion of an operation covered by the risk sharing instrument may be reused, at the request of the Member Sate concerned, within the risk-sharing instrument, if the Member State still meets one of the conditions set out as specified in Article 77(2). If the Member State no longer meets those conditions, the amount left-over sha until the end of the 2007-2013 programming period or will be considered as assigned revenue within the meaning of Article 18 of the Financial Regulation. At the request of the Member State concerned, additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the Member State concerned."
2012/03/02
Committee: REGI
Amendment 8 #

2011/0268(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Financial audit shall exclusively aim at verifying that the conditions for reimbursements by the Commission on the basis of standard scales of unit costs and lump sums have been fulfilled.
2012/05/07
Committee: CONT
Amendment 9 #

2011/0268(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 16 to define the specific rules and conditions for the applications of Member States, including ceilings, for policy-based guarantees, ensuring in particular that their use does not lead to excessive levels of debt of public bodies. Those delegated acts shall comply with the principles laid down in Regulation (EU) No [...] on the financial rules applicable to the annual budget of the Union.
2012/05/07
Committee: CONT
Amendment 11 #

2011/0268(COD)

Proposal for a regulation
Annex – point 1 – paragraph 1 a (new)
Common indicators concerning the administration of ESF funds in the member states: - number of staff committed to managing, granting and controlling ESF-Funds in the respective member states. All data are to be broken down by the corresponding NUTS-levels.
2012/05/07
Committee: CONT
Amendment 13 #

2011/0268(COD)

Proposal for a regulation
Annex – point 1 – paragraph 3
These data on participants entering an ESF supported operation are to be provided in the annual implementation reports as specified in Article 44(1) and (2) and Article 101(1) of Regulation (EU) No […]. All data are to be broken down by gender and by the corresponding NUTS-levels.
2012/05/07
Committee: CONT
Amendment 16 #

2011/0268(COD)

Proposal for a regulation
Annex – point 3 – paragraph 2
These data are to be provided in the annual implementation reports as specified in Article 44(1) and (2) and Article 101(1) of Regulation (EU) No […]. All data are to be broken down by gender and by the corresponding NUTS-levels.
2012/05/07
Committee: CONT
Amendment 18 #

2011/0268(COD)

Proposal for a regulation
Annex – point 4 – paragraph 2
These data are to be provided in the annual implementation reports as specified in Article 44(4) of Regulation (EU) No […]. They are to be collected based on a representative sample of participants within each priority axis. Internal validity of the sample should be ensured in such a way that the data can be generalised at the level of priority axis. All data are to be broken down by gender and by the corresponding NUTS-levels.
2012/05/07
Committee: CONT
Amendment 1593 #

2011/0195(COD)

Proposal for a regulation
Part 3 – article 16 – title
FAllocation of fishing opportunities
2012/06/25
Committee: PECH
Amendment 1603 #

2011/0195(COD)

Proposal for a regulation
Part 3 – article 16 – paragraph 2
2. By-catch fishing opportunities may be reserved under the total fishing opportunities.deleted
2012/06/25
Committee: PECH
Amendment 1619 #

2011/0195(COD)

Proposal for a regulation
Part 3 – article 16 – paragraph 3 a (new)
3a. Each Member State shall decide, for vessels flying its flag, on the method of allocating the fishing opportunities assigned to that Member State in accordance with Community law. It shall inform the Commission of the allocation method.
2012/06/25
Committee: PECH
Amendment 1798 #

2011/0195(COD)

Proposal for a regulation
Part 4 – article 27
Establishment of systems of transferable 1. Each Member State shall establish a system of transferable fishing concessions no later than 31 December 2013 for a) all fishing vessels of 12 meters length over all or more; and b) all fishing vessels under 12 meters length overall fishing with towed gear. 2. Member States may extend the system of transferable fishing concessions to fishing vessels of less than 12 meters length overall and deploying other types of gear than towed gear and shall inform the Commission thereof.Article 27 deleted fishing concessions
2012/06/25
Committee: PECH
Amendment 1852 #

2011/0195(COD)

Proposal for a regulation
Part 4 – article 28
1. A transferable fishing concession shall establish an entitlement to use the individual fishing opportunities allocated in accordance with Article 29(1). 2. Each Member State shall allocate transferable fishing concessions on the basis of transparent criteria, for each stock or group of stocks for which fishing opportunities are allocated in accordance with Article 16, excluding fishing opportunities obtained under sustainable fisheries agreements. 3. For the allocation of transferable fishing concessions pertaining to mixed fisheries, Member States shall take account of the likely catch composition of vessels participating in such fisheries. 4. Transferable fishing concessions may only be allocated by a Member State to an owner of a fishing vessel flying the flag of that Member State, or to legal or natural persons for the purpose of being used on such a vessel. Transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations. Member States may limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria. 5. Member States may limit the period of validity of transferable fishing concessions to a period of at least 15 years, for the purpose of reallocating such concessions. Where Member States have not limited the period of validity of the transferable fishing concessions, they may recall such concessions with a notice of at least 15 years. 6. Member States may recall transferable fishing concessions with a shorter notice in the event of an established serious infringement committed by the holder of the concessions. Such recalls shall be operated in a manner which gives full effect to the Common Fisheries Policy, the proportionality principle and, whenever necessary, with immediate effect. 7. Notwithstanding paragraph 5 and 6, Member States may recall transferable fishing concessions that have not been used on a fishing vessel for a period of three consecutive years.Article 28 deleted Allocation of transferable fishing concessions
2012/06/25
Committee: PECH
Amendment 1951 #

2011/0195(COD)

Proposal for a regulation
Part 4 – article 30
Member States shall establish and maintain a rArticle 30 deleted Register of transferable fishing concessions and individual fishing opportunities.
2012/06/25
Committee: PECH
Amendment 1964 #

2011/0195(COD)

Proposal for a regulation
Part 4 – article 31
1. Transferable fishing concessions may be fully or partially transferred within a Member State among eligible holders of such concessions. 2. A Member State may authorise transfer of transferable fishing concessions to and from other Member States. 3. Member States may regulate the transfer of transferable fishing concessions by providing for conditions for their transfer on the basis of transparent and objective criteria.Article 31 deleted Transfer of transferable fishing concessions
2012/06/25
Committee: PECH
Amendment 1995 #

2011/0195(COD)

Proposal for a regulation
Part 4 – article 32
Leasing of individual fishing 1. Individual fishing opportunities may be fully or partially leased within a Member State. 2. A Member State may authorise the leasing of individual fishing opportunities to and from other Member States.Article 32 deleted opportunities
2012/06/25
Committee: PECH
Amendment 2010 #

2011/0195(COD)

Proposal for a regulation
Part 4 – article 33
Allocation of fishing opportunities not subject to a system of transferable fishing 1. Each Member State shall decide how fishing opportunities assigned to it in accordance with Article 16, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag. It shall inform the Commission of the allocation method.Article 33 deleted concessions
2012/06/25
Committee: PECH
Amendment 39 #

2010/2210(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses the need to strengthen international cooperation, especially at European level, with a view to the more stringent control of IUU activity, notably by means of closer cooperation between Member States through the creation of a European coastguard corps that would make it possible to boost common monitoring and inspection capacity;
2011/06/21
Committee: PECH
Amendment 86 #

2010/2210(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Expresses its full support for the new rules on conduct adopted at the UN conference at the FAO in February 2011, with the objective of harmonising the system of fisheries product labelling in order to fight illegal fishing; believes that the characteristics of labelling should include clear indications concerning the commercial and scientific designation of the fish concerned, the type of fishery and, above all, the zone of origin;
2011/06/21
Committee: PECH
Amendment 15 #

2010/2154(INI)

Draft opinion
Paragraph 2
2. Proposes, as the most suitable solution, – i.e. as the best compromise between the probability of an effective result and the risks to human health – active millimetre wave imaging systems using non-ionising radiation, which is not considered harmful if exposure remains below the limit values laid down in existing legislation;
2010/12/13
Committee: ENVI
Amendment 26 #

2010/2154(INI)

Draft opinion
Paragraph 3
3. Points out that the technology based on backscatter x-ray scanning emits a low dose of X-rays. Clearly, any exposure to ionising radiation, however low, may have long-term effects on health due to the cumulative effect of radiation. It is therefore proposed that we avoid this technology, or at least ensure that all exposures are as low as possible for workers and passengers;
2010/12/13
Committee: ENVI
Amendment 35 #

2010/2154(INI)

Draft opinion
Paragraph 5
5. Calls for, in respect of the use of X-ray body scanners (paragraph 3)backscatter X-ray technology, where its use cannot be avoided, special treatment to be given, especially to passengers who are sensitive to ionising radiation (e.g. pregnant women and children). Exemptions should also be granted to those with implanted medical devices (e.g. pacemakers and defibrillators);
2010/12/13
Committee: ENVI
Amendment 41 #

2010/2154(INI)

Draft opinion
Paragraph 6
6. Calls on the Member States to periodically monitor the long-term effects of exposure to body scanners and, taking new scientific developments into account, and to check that the equipment has been correctly installed and is properly used and operated.
2010/12/13
Committee: ENVI
Amendment 43 #

2010/2154(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Member States to provide passengers with relevant, comprehensive and clear information on all aspects of the use of body scanners for security applications.
2010/12/13
Committee: ENVI
Amendment 1 #

2010/2148(DEC)

Motion for a resolution
Paragraph 8
8. Reminds the CoR of its request that CoR members declare their financial interests, disclosing relevant information on declarable professional activities and remunerated posts or activities; notes with satisfaction the CoR response on the matter, and requests it to report on the outcome of the examination of the issue by the CoR's Commission for Administrative and Financial Affairs and the CoR's Bureauin particular, the letter of the president of the CoR of 11 February 2011, and requests the CoR to follow-up this issue in its annual activity report;
2011/02/21
Committee: CONT
Amendment 4 #

2010/2146(DEC)

Motion for a resolution
Paragraph 7 a (new)
7a. Considers that the cooperation between the Court of Auditors and the Parliament could be further strengthened by setting up a working group which could be comprised of representatives of the Court of Auditors and Parliament's competent committee with the aim of streamlining working methods and approaches and further enhancing synergies between the two institutions;
2011/02/21
Committee: CONT
Amendment 10 #

2010/2146(DEC)

Motion for a resolution
Paragraph 14
14. Considers that a deeper reflection on the news that recently appeared in the media should be carried out in order to reassert, once more, the objectivity and, impartiality of the auditsand professionalism of the Court of Auditors, as well as to dissipate any possible doubt cast on its professionalism and independence;
2011/02/21
Committee: CONT
Amendment 1 #

2010/2144(DEC)

Proposal for a decision
Paragraph 1
1. Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the Council budget for the financial year 2009;
2011/02/21
Committee: CONT
Amendment 2 #

2010/2144(DEC)

Proposal for a decision
Paragraph 1
1. Grants the Secretary-General of the Council discharge in respect of the implementation of the Council budget for the financial year 2009;
2011/02/21
Committee: CONT
Amendment 3 #

2010/2144(DEC)

Motion for a resolution
Paragraph 8
8. Is of the opinion that, in view of the purpose of Article 319 of the TFEU, Parliament is held and entitlentitled and, indeed, required to adopt separate decisions on the discharge in respect of the implementation of the budget by the other institutions; considers that the Council has explicitly confirmed this principle in its Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1 ;
2011/09/08
Committee: CONT
Amendment 4 #

2010/2144(DEC)

Motion for a resolution
Paragraph 10
10. Considers that the abovementioned legal reasoning as well as the practice, which has been established for many years,established practice of adopting individual decisions on discharge in respect of each Union institution and body support this interpretation and, in addition, the decisions on discharge need to be adopted separately for operational reasons in order to avoid discontinuity and disruption of Union action;
2011/09/08
Committee: CONT
Amendment 5 #

2010/2144(DEC)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that the Council, when forwarding to Parliament its recommendations on discharge, submits under separate covers recommendation regarding discharge to the Commission in respect of the implementation of the general budget of the European Union, recommendations on discharge to the Commission in respect of the implementation of the operations of the European Development Funds, recommendations on discharge to the bodies set up by the European Union (agencies), recommendations on discharge to the joint undertakings, as well as recommendations on discharge to the executive agencies; also notes that the Council's recommendations to Parliament expressly recommend specific decisions on giving discharge to each of the abovementioned bodies;
2011/09/08
Committee: CONT
Amendment 10 #

2010/2144(DEC)

Motion for a resolution
Paragraph 8 – introductory part
8. Proposes, in compliance with the Council's role as budgetary authority, as well as iNotes with satisfaction the goodwill of the Hungarian Prespect of its own role in the discharge procedure,idency and the progress achieved; a ccompromise on the procedurerdingly, proposes the following interim solution to be agreed upon by the Parliament and the Council so as to avoid future tensions; suggests therefore that in the negotiating process:
2011/02/21
Committee: CONT
Amendment 12 #

2010/2144(DEC)

Motion for a resolution
Paragraph 8 a (new)
8a. Invites the Council to consider, in the future, the possibility of reaching an interinstitutional agreement with the Parliament in order to regulate the discharge procedure on the basis of the resolutions on Council discharge adopted by the Parliament and as proposed by Parliament's competent committee;
2011/02/21
Committee: CONT
Amendment 15 #

2010/2144(DEC)

Motion for a resolution
Paragraph 8 – indent 2
– the Secretary-General of the Council should comment on questions submitted to the Council by the Committee responsible for the discharge procedure, to the Council,
2011/02/21
Committee: CONT
Amendment 17 #

2010/2144(DEC)

Motion for a resolution
Paragraph 8 – indent 3
– a calendartimetable shall be established so as to streamline and stabilise the annual procedureis interim solution;
2011/02/21
Committee: CONT
Amendment 18 #

2010/2144(DEC)

Motion for a resolution
Paragraph 10 a (new)
10a. Indicates that the reasons for postponement are as follows: (a) the Council has not accepted any invitation to officially and formally meet Parliament's competent committee or its rapporteur to discuss matters concerning Council budget execution for 2009, (b) the Council refused to provide a written answer providing the Parliament with the information and documents requested from the Council in the annex to a letter of 14 December 2010 signed by the rapporteur, (c) the Parliament has not received fundamental documents from the Council, such as the annual activity report and the full list of budgetary transfers;
2011/02/21
Committee: CONT
Amendment 19 #

2010/2144(DEC)

Motion for a resolution
Paragraph 10 b (new)
10b. Calls on the Secretary-General of the Council to provide Parliament's competent committee, by 15 June 2011 at the latest, with comprehensive written answers to the following questions: (a) With regard to the discharge procedure: does the Council agree to replace the informal practices of the so- called 'gentlemen's agreement' by formal and official bilateral meetings between the Council and Parliament's competent committee? (b) With regard to previous Council discharge debates in Parliament's competent committee, the Council did not attend these meetings regularly; however, it is considered of utmost importance that the Council attends in order to reply to committee members' questions referring to the Council discharge. Does the Council agree to attend future debates in Parliament's competent committee on the Council discharge? (c) What is the understanding of the Council of "sufficient degree of financial and administrative autonomy across the full spectrum of the budgetary cycle" in order to reach a possible future agreement with the Parliament? (d) What timetable does the Council envisage for considering the difficulties related to the deadlines of the discharge procedure? (e) Why does the Council change the presentation/the format of the internal audit every year? Why is the internal audit so short, generic and unclear every year? Will the Council for the 2010 discharge onwards please present the internal audit in (an) other language(s) than French? (f) Has an external audit been carried out? If so, may Parliament's competent committee see it? If an external audit does not exist, why has the Council chosen not to make one? (g) Until now, the activity of the Council implied co-financing with the Commission, which has experienced an increase after the entry into force of the Treaty of Lisbon. What audit and control systems have been put in place to ensure full transparency? Given that the Treaty of Lisbon increased the co-financing with the Commission, what is the Council understanding of "respond to the appropriate enquiries"? (h) The Court of Auditors, in its Annual Report 2009 found that, in two out of six procurement procedures audited, the Council did not respect the rules of the Financial Regulation for the publication of the outcome of the procedure. Has the Council scrutinised more samples of similar procurements? Has the internal procedure been streamlined in order to avoid similar cases in the future? (i) Staff of European Union Special Representatives (EUSR): Please indicate the staff (all staff, establishment plan and others) – number of posts, grade – for the EUSR in the Council for 2009. In which way and when will the EUSR-staff posts be allocated between the Council and the European External Action Service (EEAS)? What was the budget for travelling for each individual EUSR? How many EUSR staff were transferred on 1 January 2011 to the EEAS? How many will remain with the Council and why? (j) The Council highlights budgetary questions concerning the consequences of the Treaty of Lisbon in point 2.2 in the financial activity report – 11327/10, FIN 278. Has the Council solved the problems concerning Mr. Solana's expenditures? What part of the expenditures falls under the Council budget and what part falls under the Commission budget? (k) What were the operational expenditures, administrative expenditures, staff, buildings, etc envisaged by the Council for 2009 in order to set up the High Representative/Vice President of the Commission (HR/VP)? (l) The HR/VP came into office on 1 December, 2009. How was the cost distributed between the Council and the Commission (for staff, travel, etc.)?How did the Council prepare the budget for the HR/VP for 2010? Which budget lines and sums were reserved for her activities? (m) How will office space released in the process of staff transfer to the EEAS influence Council's plans on buildings? Have arrangements been made for the subsequent use of such office space? What is the anticipated cost for removal? When were calls for tenders for the removals (if any) published? (n) What was the administrative and operational expenditure related to the Common Foreign and Security Policy (CFSP)/Common Security and Defence Policy (CSDP) tasks, which were at least part-financed from the Union budget in 2009? What was the total amount of CFSP expenditure in 2009? Could the Council identify at least the main missions and their cost in 2009? (o) What was the cost of meetings for Council working groups on CFSP/CSDP in Brussels and elsewhere and where did these meetings take place? (p) What was the administrative expenditure relating to the implementation of the European Security and Defence Policy (ESDP)/CSDP military operations? What share of the total amount of expenditures arising from military operation has been charged to the Union budget? (q) What was the administrative expenditure implemented for the operation of the "ATHENAE" mechanism, how many posts were needed for that mechanism, will any of the posts in question be transferred to the EEAS? To whom will the postholders report? (r) There is a low occupation rate of posts in the Council's establishment plan (91 % in 2009, 90 % in 2008). Does this consistently low rate cause any repercussions on the functioning of the Council's General Secretariat (CGS)? Can CGS perform all its functions with the current occupation rate? Are lower occupation rates specific to any particular services? What are the reasons of the persistent discrepancy? (s) What is the total number of posts assigned to the task of 'policy coordination' and administrative support (as defined in the Commission's annual staff screening reports)? What is its percentage in relation to the overall number of posts? (t) To achieve the administrative objectives in 2009 the Council added teleworking to its working procedures. With what measurements does the Council prove the efficiency of this working procedure? (u) The Council increased its posts by 15 (8 AD and 7 AST) to cover the staffing requirements of the Irish language unit. How many staff are occupied by the other languages (staff per language)? Are there already staff employed for and from the applicant countries? If the answer is in the affirmative - how many posts are concerned (separated per country and language)? (v) The Reflection Group was established on 14 December 2007, and its members appointed on 15-16 October 2008. What were the reasons why the necessary financing could not have been envisaged and included in Budget 2009? Is a transfer in Budget 2009 from the contingency reserve to a budget position financing a structure conceived in 2007 strictly budget neutral? The Council earmarked EUR 1°060°000 for the “Reflection Group”. How many posts can be allocated to this group? (w) The expenditures concerning travel delegations still seem to be problematic, (cf. Council note 15 June 2010, SGS10 8254, II bullet, page 4). Why do these expenditures appear in so many different budget lines? (x) Why does the internal audit still find it necessary to add “les frais de voyage des délégués et les frais d’interprétation” (delegates travelling expenses and interpretation expenses) after strong criticism in the last two resolutions from the Parliament on the Council discharge? (y) The Council again has used underspending on interpretation to provide extra financing for delegations' travel expenses. As a result, actual 2009 commitments for travel expenses amounted to considerably less than the initial budget, and less than a half of the amount available after the transfer (EUR 36.1 million initial and EUR 48 1 million available after transfer against EUR 22.7 million committed).What were the reasons for this EUR 12 million transfer (cf. the financial activity re-port – 11327/10, FIN 278 - point 3.3.2-VI bullet)? Why is the transfer from interpretation to delegates travelling estimated at EUR 12 million by the Council at page 12 and at EUR 10°558°362 at page 13? What has the remaining amount transferred from interpretation been spent on (the total amount transferred from interpretation is EUR 17°798°362)? (z) In 2009 the Council, as it did in 2008, reallocated a considerable amount of its budget to buildings, in particular, more than doubling the initial allocations to the acquisition of the Residence Palace (reallocated EUR 17.8 million in addition to EUR 15 million earmarked in Budget 2009). What are the reasons for this? Can CGS provide concrete figures of the savings achieved as a result of this? What does the Residence Palace Building cost? Does the Council think the envisaged amount will be reached or could the cost be higher than estimated? What steps are envisaged to finance the building? (aa) Implementation of the Council budget - appropriations carried over: Could the Council present the estimated amount and subject of the invoices which were not received by June 2010 for the year 2009 and therefore carried over? (bb) The carryover to 2010 of the appropriations of assigned revenues accrued in 2009 amounted to EUR 31 8 million. This is about 70 % of the assigned revenue for 2009. What are the reasons for this high carryover ratio? What will happen/has happened to this revenue in 2010? (cc) What does “technical provision of EUR 25 million for the launch of the European Council 2010” mean? (cf. the financial activity report – 11327/10, FIN 278 - point 3.1, IV bullet) (dd) What is the level of confidentiality of the Council budget specified by the different budget lines? (ee) Can the Council point out the specific measures taken to improve the quality of the Council's financial management, in particular as regards the points raised in paragraph 5 of Parliament's resolution1 of 25 November 2009 accompanying its decision on discharge to the Council for the financial year 2007?
2011/02/21
Committee: CONT
Amendment 20 #

2010/2144(DEC)

Motion for a resolution
Paragraph 10 c (new)
110c. Calls on the Secretary-General of the Council to provide Parliament's competent committee, by 15 June 2011 at the latest, with: (a) the full list of budgetary transfers concerning the 2009 budget of the Council, (b) its annual activity report for the year 2009, (c) a written statement on the Council's mission expenses as carried out by the European Union Special Representatives, (d) the Members States' declaration for 2007 (cf. the financial activity report – 11327/10, FIN 278 - point 3.2.2, II bullet), (e) the report of the “Reflection Group” in order to understand why such a report costs EUR 1 060 000 (cf. the financial activity report – 11327/10, FIN 278 - point 2.2). Or. en OJ L 19, 23.1.2010, p. 9.
2011/02/21
Committee: CONT
Amendment 23 #

2010/2144(DEC)

Motion for a resolution
Paragraph 11
11. Requests the Council to provide information on the operational expenditures, administrative expenditures, staff, buildings, etc. projected by the Council for 2009 in order to set up the High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission, and on the High Representative/Vice President cost distribution between the Council and the Commission (for staff, travel, etc.), given that the High Representative/Vice President entered into office on 1 December 2009; asks how the Council prepared the budget for the High Representative/Vice President for 2010, and which budget lines and sums were reserved for her activities;deleted
2011/02/21
Committee: CONT
Amendment 24 #

2010/2144(DEC)

Motion for a resolution
Paragraph 12
12. Notes that the Council did not indicate the administrative and operational expenditure related to the Common Foreign and Security Policy/Common Security and Defence Policy (CFSP/CSDP) tasks, which were at least part-financed from the Union's budget in 2009, and calls on the Council to state the total amount of Common Foreign and Security Policy (CFSP) expenditure in 2009, as well as to identify, as a minimum, the main missions and their cost in 2009;deleted
2011/02/21
Committee: CONT
Amendment 25 #

2010/2144(DEC)

Motion for a resolution
Paragraph 13
13. Asks the Council to indicate the administrative expenditure connected to the implementation of CFSP/CSDP military operations, and the share of the total amount of expenditures arising from military operations that has been charged to the Union budget, as well as the administrative expenditure implemented for the operation of the ATHENA mechanism, and the number of posts needed for this mechanism, as well as whether any posts so concerned are to be transferred to the EEAS;deleted
2011/02/21
Committee: CONT
Amendment 26 #

2010/2144(DEC)

Motion for a resolution
Paragraph 14
14. Notes the low occupation rate of posts set out in the Council's establishment plan (91% in 2009, 90% in 2008), and requests the Council's comments whether this consistently low rate has any repercussions on the functioning of the General Secretariat of the Council, whether lower occupation rates are specific to any particular services, and whether the General Secretariat of the Council is able to perform all its functions with the current occupation rate; invites the Council to provide information on the absolute number of posts assigned to the task of ‘policy coordination’ and administrative support (as defined in the Commission's annual staff screening reports) and their percentage in relation to the overall number of posts;deleted
2011/02/21
Committee: CONT
Amendment 27 #

2010/2144(DEC)

Motion for a resolution
Paragraph 15
15. Notes that the Reflection Group was established on 14 December 2007, and its members appointed on 15-16 October 2008; however, also notes that the necessary financing was not foreseen and included in Budget 2009, as a result, the contingency reserve was used to finance a structure conceived in 2007; asks how many posts can be allocated to the Reflection Group, and whether the Parliament may receive the report of the Reflection Group;deleted
2011/02/21
Committee: CONT
Amendment 29 #

2010/2144(DEC)

Motion for a resolution
Paragraph 16
16. Notes that the Council has again used underspending on interpretation to provide extra financing for delegations‘ travel expenses, while 2009 commitments for travel expenses already amounted to considerably less than the initial budget (EUR 36,1 million initial and EUR 48,1 million available after transfer vs. 22,7 million committed); invites the Council to explain the reasons for this EUR 12°000°000 transfer, as well as the use of the remaining amount transferred from interpretation (total amount transferred was EUR 17°798°362);deleted
2011/02/21
Committee: CONT
Amendment 31 #

2010/2144(DEC)

Motion for a resolution
Paragraph 17
17. Notes that in 2009 the Council, as it did in 2008, re-allocated a considerable amount of its budget to buildings, specifically, more than doubling the initial allocations to the acquisition of the Residence Palace Building (reallocated EUR 17.8 million in addition to EUR 15 million earmarked in the budget for 2009); invites the General Secretariat of the Council to provide concrete figures of the savings achieved as a result of this, as well as the total costs of the Residence Palace Building, and questions whether the projected amount will be reached or could the cost be higher than estimated;deleted
2011/02/21
Committee: CONT
Amendment 33 #

2010/2144(DEC)

Motion for a resolution
Paragraph 18
18. Requests the Council to provide additional information on ‘technical provision of EUR 25 million for the launch of the European Council 2010’ (cf. the financial activity report – 11327/10, FIN 278 - point 3.1, IV bullet);deleted
2011/02/21
Committee: CONT
Amendment 21 #

2010/0816(CNS)

Proposal for a decision
Article 3 – paragraph 4
4. The EEAS shall extend appropriate support and cooperation to the other institutions and bodies of the Union, in particular to the European Parliament. The EEAS may also benefit from the support and cooperation of those institutions and bodies, including agencies as appropriate. In addition, the EEAS shall cooperate with the European Anti-Fraud Office (OLAF) in accordance with Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)1. It shall in particular swiftly adopt the decision required by that Regulation on terms and conditions for internal investigations. As provided for in that Regulation, Member States, in accordance with national provisions, and institutions shall give the necessary support to enable the OLAF’s agents to fulfil their task. ___________________ 1 OJ L 136, 31.5.1999, p. 1.
2010/06/29
Committee: BUDG
Amendment 23 #

2010/0816(CNS)

Proposal for a decision
Article 5 – paragraph 1
1. The decision to open or close a delegation shall be adopted by the High Representative, after consultingin agreement with the Council and the Commission. The decision to close a delegation shall be adopted by the High Representative, in agreement with the Council and the Commission after consulting the European Parliament.
2010/06/29
Committee: BUDG
Amendment 28 #

2010/0816(CNS)

Proposal for a decision
Article 7 – paragraph 2 c (new)
2c. In order to ensure budgetary transparency in the area of external action of the Union, the Commission shall transmit to the budgetary authority, together with the draft EU budget, a working document presenting, in a comprehensive way, all expenditure related to external action of the Union. This document shall in particular contain: – the establishment plans of the Union's delegations displayed by grade and by category including contractual and local agents, –- a line-by-line presentation of the expenditure related to external action of the Union per country and per mission.
2010/06/29
Committee: BUDG
Amendment 29 #

2010/0816(CNS)

Proposal for a decision
Article 8 – paragraph 4
4. With regard to the European Development Fund and the Development Cooperation Instrument, any proposals, including those for changes in the basic regulations and the programming documents in paragraph 3 above, shall be prepared jointly by the relevant services in the EEAS and in the Commission uander the direct supervision and guidance after consulting the European Parliament under the responsibility of the Commissioner responsible for Development Policy and then jointly submitted with the High Representative for decision by the Commission. Thematic programmes, except the European Instrument for Democracy and Human Rights, as well as the Instrument for Nuclear Safety Cooperation, shall be prepared by the appropriate Commission service under the guidance of the Commissioner responsible for Development and presented to the College in agreement with the High Representative and other relevant Commissioners.
2010/06/29
Committee: BUDG
Amendment 222 #

2010/0395(COD)

Proposal for a regulation
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 Communities10 has been substantially amended several times. Since further amendments are to be made, including changes to take account of amendments introduced by the Treaty of Lisbon, the Regulation (EC, Euratom) No 1605/2002 should be replaced by this Regulation, according to the Treaty of Lisbon adopted jointly by the European Parliament and the Council according to the ordinary legislative procedure, in the interests of clarity.
2011/06/17
Committee: BUDG
Amendment 224 #

2010/0395(COD)

Proposal for a regulation
Recital 5
(5) Regulation (EC, Euratom) No 1605/2002 was confined to stating the broad principles and basic rules governing the whole budgetary sector covered by the Treaties, while the implementing provisions were laid down in Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities11 in order to produce a better hierarchy of rules and make Regulation (EC, Euratom) No 1605/2002 easier to read. Under Article 290 of the Treaty on the Functioning of the European Union (hereinafter the 'TFEU') the Commission may receive delegation to adopt acts of general applicationa legislative act may delegate to the Commission the power to adopt non-legislative acts only to supplement or amendment certain non-essential elements of the legislative acts. As a consequence, some provisions laid down in Regulation (EC, Euratom) No 2342/2002, should be incorporated into this Regulation. The detailed rules for the application of this Regulation adopted by the Commission should be confined to technical details and implementing modalities.
2011/06/17
Committee: BUDG
Amendment 225 #

2010/0395(COD)

Proposal for a regulation
Recital 8
(8) The rules governing interest generated by pre-financing should be simplified as they generate excessive administrative burden on both recipients of Union funds and Commission services and create misunderstandings between the Commission services and operators and partners. For reasons of simplification, in particular in respect of grant beneficiaries, and in line with the principle of sound financial management, there should no longer be an obligation to generate interest on pre-financing and to recover such interest. [However, itrules should be possible to include such obligation in a delegation agreementforeseen in cases in which interest actually accrues, in order to allow the re- use of interests generated by pre-financing for the programmes managed by some delegates, or its recovery.
2011/06/17
Committee: BUDG
Amendment 226 #

2010/0395(COD)

Proposal for a regulation
Recital 11
(11) The Treaty requires thatAs according to the Treaty the multiannual financial framework will in future be laid down in the form of a regulation. It is therefore necessary to incorporate certain provisions from the multiannual financial framework for 2007-2013 and the interinstitutional agreement on budgetary discipline and sound financial management has to be amended accordingly it is logical to incorporate certain provisions from the interinstitutional agreement into this Regulation. In particular, in order to ensure budgetary discipline, it is necessary to establish a link between the multiannual financial framework and the annual budgetary procedure. It is also necessary to include provisions on commitment of the European Parliament and of the Council to respect the allocations of commitment appropriations laid down in the basic acts for structural operations, rural development and the European Fisheries Fund.
2011/06/17
Committee: BUDG
Amendment 229 #

2010/0395(COD)

Proposal for a regulation
Recital 16
(16) Concerning provisions on proportionality, the notion of tolerable risk of error should be introduced as part of the risk assessment made by the Authorising Officer. The institutions should be able to move away from the general 2% materiality threshold used by the Court of Auditors to conclude on the legality and regularity of the underlying transactions. Tolerable risk levels constitute more appropriate basis for the Discharge Authority to judge the quality of the management of risk by the Commission. The European Parliament and the Council should therefore determIn order to assess the risk of error, and react accordingly, a management tool, presentineg the level of tolerable risk of error per policy area, taking into account the costs and benefits of controlsrisk of error should be applied.
2011/06/17
Committee: BUDG
Amendment 230 #

2010/0395(COD)

Proposal for a regulation
Recital 24
(24) The experience with Public Private Partnerships (PPPs) institutionalised as Union bodies under Article 185 of Regulation (EC, Euratom) No 1605/2002 demonstrates that further alternatives should be added in order to increase the choice of instruments to include bodies whose rules are more flexible and accessible to the private partners than those applicable to the Union institutions. Such alternatives should operate under indirect management. An alternative should be a body established by a basic act and endowed with financial rules which should take into account the principles necessary to ensure sound financial management of Union funds. These principles should be adopted in a delegated regulation on which the European Court of Auditors should be consulted and should be based on those with which third entities entrusted with budget implementation tasks have to comply. Another alternative should be the implementation of PPPs by bodies governed by private law of a Member State.
2011/06/17
Committee: BUDG
Amendment 231 #

2010/0395(COD)

Proposal for a regulation
Recital 25
(25) Basic control and audit obligations of Member States where they implement the budget indirectly in shared management, which currently exist only in sector- specific Regulations, should be, for the purposes of Articles 317 and 290 of the TFEU, introduced in this Regulation. Therefore it is necessary to include provisions, setting out a coherent framework for all policy areas concerned, on a harmonised administrative structure at national level, which does not create any additional control structures but allows the Member States to accredit bodies entrusted with the implementation of Union funds. The Member States should have the competence to determine the entity or organisation carrying out the functions of the accrediting authority, which may be at the same administrative level as the accredited body or already be responsible for the supervision of other authorities at present; this should not preclude the choice of any other structure on the part of the Member States as long as this is in line with the provisions of this Regulation. Further, common management and control obligations for those structures, annual management declaration of assurance with independent audit opinion thereon and an annual declaration by Member States by which they assume the responsibility for the management of Union funds they are entrusted with, financial clearance, suspension and correction mechanisms operated by the Commission should be contained in this Regulation in order to create a coherent legislative framework which also improves the overall legal certainty and the efficiency of controls and remedial actions as well as the protection of the Union's financial interests. Detailed provisions should remain in sector-specific Regulations.
2011/06/17
Committee: BUDG
Amendment 232 #

2010/0395(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) All draft proposals submitted to the legislative authority should be suitable for application of user friendly information technologies ('e-government') and the interoperability of data processed in the management of the budget should be ensured which should improve efficiency. Uniform data transmission standards for data available in electronic format should be foreseen. A transitional period of two years from the entry in force of this Regulation should be granted for the attainment of these targets.
2011/06/17
Committee: BUDG
Amendment 233 #

2010/0395(COD)

Proposal for a regulation
Recital 34
(34) The rules for exclusion should be improved in order to strengthen the protection of financial interests of the Union. The reference to money laundering should be added, as provided for in the Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts14 . Moreover, situations of exclusion concerning candidates or tenderers convicted by a judgment having the force of res judicata for an offence concerning their professional conduct, or for fraud, corruption, involvement in a criminal organisation, money laundering or similar criminal infringements detrimental to the financial interests of the Union, should be extended to persons having powers of representation, decision making or control over these candidates and tenderers. However, for reasons of proportionality, exclusion should not apply to candidates and tenderers who can demonstrate that they have taken adequate measures against the concerned persons having powers of representation. Finally, in order to ensure the continuity of service of the institution, derogation from the obligation of exclusion based on the grounds of bankruptcy or analogous situations, grave professional misconduct and non compliance with social obligations should be introduced in case of negotiated procedures where, for technical or artistic reasons or for reasons connected with the protection of exclusive rights, the contract can be awarded only to a particular economic operator.
2011/06/17
Committee: BUDG
Amendment 234 #

2010/0395(COD)

Proposal for a regulation
Recital 43 a (new)
(43a) In order to allow its auditees sufficient time to address findings of the Court of Auditors that could have an impact on the auditees’ final accounts or the legality and/or regularity of their underlying transactions, the Court of Auditors shall ensure that all such findings are transmitted to the institution or body concerned in good time.
2011/06/17
Committee: BUDG
Amendment 237 #

2010/0395(COD)

Proposal for a regulation
Recital 55
(55) The revision of this Regulation should be made only when necessary. Too frequent revisions generate disproportionate cost of adjusting administrative structures and procedures to the new rules. Furthermore, time may be too short to allow for valid conclusion to be drawn from the application of the rules in force.deleted
2011/06/17
Committee: BUDG
Amendment 238 #

2010/0395(COD)

Proposal for a regulation
Recital 56
(56) In order to ensure continuity in the implementation of the current programmes, the provisions concerning control and audit obligations of Member States when they implement the budget indirectly under shared management should apply only to the next generation of sector-specific regulaas of 1st January 2014, except where the Member States voluntarily submit national declarations at an earlier stage which shall be taken into account in particular in the establishment of the Commission's audit and control strategies as well as the assessment of the amount of any subsequent financial corrections,.
2011/06/17
Committee: BUDG
Amendment 248 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 9 – paragraph 4
4. Non-differentiated appropriations corresponding to obligations duly contracted at the close of the financial year shall be carried over automatically to the following financial year only.The same shall apply to de-committed and unused appropriations (commitments and payments) not covered by paragraphs 2 and 3 as well as available, unspent margins below the overall ceiling of the Multiannual Financial Framework for each heading, which shall constitute a 'global MFF margin' and be attributed to the different headings in the following financial year according to their needs.
2011/06/17
Committee: BUDG
Amendment 249 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 9 a (new)
Article 9a Carry over of Unused appropriations Unused appropriations both in commitments and payments as well as decommitted appropriations of year N may be carried over into N+1 budget, or in one of the future budgets in the framework of the annual budgetary procedure, by a decision of the budgetary authority. The Commission shall present before 1 October of the year N to the budgetary authority its forecast for unused and decommitted appropriations of year N, both in commitments and payments. Each arm of the budgetary authority shall eventually indicate how to allocate unused appropriations either in the N+1 budget or even on subsequent years. The decision will be taken jointly by the two arms of the budgetary authority following the procedure in accordance with Article 314 TFEU. The unused and decommitted appropriations shall be entered into one of the budgets and beyond the ceilings of the Multiannual Financial Framework. Unused and decommitted appropriations may be allocated either to a specific programme, or entered into a provisional chapter. In this case resources from the Member States will be called only after the decision of the budgetary authority on the specific destination. Carry over of margin of the multiannual financial framework In case after the adoption of the annual budget a margins are left under the each ceiling of the financial framework, the budgetary authority may decide, before the end of the exercise, to carry over the unused margins in any ceiling of one of the subsequent years of the multiannual financial framework. The total amount of the Multiannual financial framework will remain unchanged.
2011/06/17
Committee: BUDG
Amendment 257 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 18 – paragraph 2 – point e a (new)
(ea) fines and amounts receivable as a result of out-of-court settlements, understandings, or any other similar agreements concluded with or off payments paid by any non-state third parties insofar as these are not general revenue; (If adopted replaces the original amendment 15.)
2011/06/17
Committee: BUDG
Amendment 275 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 27 – paragraph 2
2. In order to reduce the risk of fraud and irregularities, the financial statement referred to in paragraph 1 shall provide information on the internal control system set up, an estimate of the costs and benefits of controls implied by such systems and an assessment of the risk involved, as well as existing and planned fraud prevention and protection measures.
2011/06/17
Committee: BUDG
Amendment 297 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 41 – paragraph 2 a (new)
2a. Wherever possible and appropriate, articles and items shall correspond to individual operations carried out in the framework of a certain individual activity. The delegated regulations shall lay down guidelines for the classification of articles and items aiming at maximum transparency and conciseness of the budget.
2011/06/17
Committee: BUDG
Amendment 300 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 46 – paragraph 1 – point c – subpoint i
(i) for each section of the budget, an establishment plan providing a comprehensive presentation of the entire human resources and setting the number of posts for each grade in each category and in each service and the number of permanent and temporary posts authorised within the limits of the budget appropriations; , accompanied by a document presenting the full time equivalents of contract agents as well as local agents; (The amendment is compatible with the original amendment 57 and replaces only one part.)
2011/06/17
Committee: BUDG
Amendment 303 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 49
Article 49 Article 49 Where by implementation of an act of the Union the appropriations available in the budget or the allocations available in the multiannual financial framework would be exceeded, such act may be implemented in financial terms only after the budget has been amended and, if necessary, the financial framework has been appropriately revised. For the purposes of this Article, and notwithstanding Article 4 (2), an act of the Union shall be deemed to exist where borrowing or lending operations affect the global MFF margin (Article 9(4)) of any present or future years to which the multiannual financial framework applies.
2011/06/17
Committee: BUDG
Amendment 304 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 55 – paragraph 1 – point b
(b) indirectly, in shared management with Member States or by entrusting, subject to a specific provision in the basic act which shall also set out, other than in the cases of (i) and (iv), the type of implementing partners and types of operations, by entrusting certain specified budget implementation tasks to: (i) third countries or the bodies they have designated; (ii) international organisations and their agencies; (iii) financial institutions entrusted with the implementation of Financial Instruments pursuant to Title VIII; (iv) the European Investment Bank and the European Investment Fund or any other subsidiary of the Bank; (v) bodies referred to in Articles 200196b and 201196c; (vi) public law bodies or bodies governed by private law with a public service mission as far as these latter provide adequate financial guarantees; (viii) bodies governed by private law of a Member State, entrusted with the implementation of a public and private partnership and providing adequate financial guarantees; (viii) persons entrusted with the implementation of specific actions pursuant to Title V of the Treaty on the European Union, and identified in the relevant basic act within the meaning of Article 51 of this Regulation. persons entrusted with the implementation of specific actions in the Common Foreign and Security Policy pursuant to Title V of the Treaty on the European Union, and identified in the relevant basic act within the meaning of Article 51 of this Regulation. The Commission remains responsible for the implementation of the budget (Article 317 TFEU) and shall inform the European Parliament on the operations carried out by the entities under points (i) to (viii). The financial statement (Article 27) shall provide a full justification for the choice of a particular entity under points (i) to (viii). (If adopted it replaces original amendment 68.)
2011/06/17
Committee: BUDG
Amendment 306 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 55 – paragraph 1 a (new)
1a. The financing decision which shall be annexed to the annual activity report (Article 63(9)) shall specify the objective pursued, the expected results, the method of implementation and the total amount of the financing plan. It shall also contain a description of the actions to be financed and an indication of the amount allocated to each action, and an indicative implementation timetable. In case of indirect management, it shall also specify the implementing partner chosen, the criteria used and the tasks entrusted to it.
2011/06/17
Committee: BUDG
Amendment 309 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 1
1. Responsibilities for budget implementation in shared management Where the Commission implements the budget by shared management, implementation tasks shall be delegated to Member States. These shall respect the principles of sound financial management, transparency and non-discrimination, and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States shall fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions may be laid down in sector-specific rules. (If adopted it replaces the original amendment 79.)
2011/06/17
Committee: BUDG
Amendment 313 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 2
Member States shall2. Specific duties of the Member States Member States shall take all the legislative, regulatory and administrative or other measures necessary for protecting the Union's financial interests, in particular (a) satisfy themselves that actions financed from the budget are actually carried out and to ensure that they are implemented correctly and for that purpose accredit bodies responsible for the management and control of Union funds; (b) prevent, detect and correct irregularities and fraud, when executing tasks related to the implementation of the budget. To this endffect, they shall carry out ex ante and ex post controls including, where appropriate, on the spot checks, to ensure that the actions financed from the budget are effectively carried out and implemented correctly, recover funds unduly paid and bring legal proceedings as necessaryin accordance with the principle of proportionality, and in compliance with paragraphs 2(a), 3 to 5 as well as the relevant sector-specific rules, ex ante and ex post checks including, where appropriate, on the spot checks on representative samples of transactions. They shall also recover funds unduly paid and bring legal proceedings as necessary; the Commission may appraise the systems set up in the Member States on application by a Member State or on its own risk assessment or in application of sector specific rules. As far as Member States immediately disclose errors and / or irregularities they discover to the Commission and remedy these, they shall be exempt from financial corrections concerning such errors and / or irregularities. Member States shall impose effective, dissuasive and proportionate penalties on recipients aswhere provided for in sector- specific rules and in national legislation.without prejudice to specific provisions in national legislation. (If adopted it replaces original amendments 71 and 80.)
2011/06/17
Committee: BUDG
Amendment 318 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 3
In accordance with the3. Role and competences of the accrediting authority In accordance with criteria and procedures laid down in sector-specific rules, a Member States authority shall accredit one or more public sector bodies which shall be solelybodies responsible for the proper management and internal control of theUnion funds, for which accreditation has been granted (‘accrediting authority’). This shall be without prejudice to the possibility for these bodies to carry out tasks not related to the management of Union funds or to entrust certain of their tasks to other bodies. The accreditation shall be given by a Member State authority in accordance with sector-specific rules ensuring that the body is capable of properling authority shall further be responsible for monitoring compliance of the accredited bodies with the accreditation criteria, on the basis of available audits and control results. It shall take all necessary measures to remedy managy deficiency ing the funds. The sector-specific rules may also define a role of the Commission in the accreditation process. The accrediting authority shall be responsible for supervising the body and for taking all necessary measures to remedy any deficiency in its operation, including the suspension animplementation of the tasks entrusted by the bodies it has accredited, including the suspension and withdrawal of the accreditation. The role of the Commission in the accreditation process to which paragraph 2 applies shall be further defined in sector-specific rules taking account of the risk in the policy area concerned. (If adopted withdrawal of the accreditation. replaces original amendments 72, 73 and 81.)
2011/06/17
Committee: BUDG
Amendment 325 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 4
4. BRole and competences of the accredited body Member States at the appropriate level, by means of bodies accredited pursuant to paragraph 3 of this Article shall: (a) conduct checks and set up and ensure the functioning of an effective and efficient internal control system; (b) use an annual accounting system providing accurate, complete and reliable information in a timely manner; (c) be subject to an independent external audit, performed in accordance with internationally accepted auditing standards by an audit service functionally independent of the accredited body; (d) ensure, in conformity with Article 31(2), annual ex post publication of recipients of Union funds; (f) ensure a protectionprovide the prerequisite data and information in accordance with paragraph 5; (d) ensure ex post publication of recipients of Union funds in accordance with Article 31(2). Any processing of personal data whicshall comply with snatisfies the principles laid down onal provisions implementing Directive 95/46/EC. (If adopted replaces original amendments 74 and 82)
2011/06/17
Committee: BUDG
Amendment 336 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 5
Bodies accredited pursuant to paragraph 3 of this Article shall provide the Commission by 1 February of the following financial year with: (a) their accounts drawn up for5. Content, timing and audit of data reported by the accredited bodies Member States at the appropriate level, by means of bodies accredited pursuant to paragraph 3, shall provide the Commission by 1st March with (a) accounting information at the level of the accredited bodies on the expenditure made in the execution of the tasks entrusted and presented to the Commission for reimbursement including the balance received from the Commission for which reimbursement has not yet been requested, and sums disbursed for which recovery procedures are underway. This information shall be accompanied by a statement of management responsibilities confirming that, in the opinion of those in charge of the management of the funds: - this information is properly presented, complete and accurate; - the expenditure made in the execution of the tasks entrustedhas been used for its intended purpose, as defined in the sector- specific rules; - the control procedures put in place give the necessary guarantees concerning the legality and regularity of the underlying transactions; an annex to the declaration shall present the error rate per funds and an analysis of the errors as well as reservations, if the error rate exceeds 2%; (b) a summary of the results of allthe available audifinal audit reports and controlhecks carried out, including an analysis of systematic or recurrent weaknesses as well as corrective actions taken or planned; (c) a management declaration of assurance as to the completeness, accuracy and veracity of the accounts, the proper functioning of the internal control systems as well as to the legality and regularity of the underlying transactions and the respect of the principle of sound financial management; (d) the opinion of an independent audit body on the management declaration of assurance mentioned in point (c) of this paragraph, covering all its elements. If a Member State has accredited more than one body per policy area, it shall by 15 February of the following financial year provide the Commission with a synthesis report consisting of an overview at national level of all management declarations of assurance and the independent audit opinions thereon, prepared for the policy area concerned. recurrent or systemic weaknesses, as well as corrective actions taken or planned and their results. These documents shall be accompanied by an opinion of an independent audit body, drawn up in accordance with internationally accepted audit standards, on whether the accounting information gives a true and fair view, and expenditure for which reimbursement has been requested from the Commission is legal and regular as well as on the proper functioning of the control procedures put in place. This opinion shall state if the examination puts in doubt the assertions made in the statement of management responsibilities. An annex to the opinion shall present the error rate per funds and an analysis of the errors as well as reservations. The Member States shall indicate replacements of the person providing the management declaration to the Commission's competent authorising officer by delegation who shall display these changes in his annual activity report. If a Member State has accredited more than one body with responsibility for ex ante and ex post verifications per policy area, it shall by 15 March of the following financial year provide the Commission with a synthesis report consisting of an overview at national level of all management declarations of assurance and the corresponding independent audit opinions, prepared for the policy area concerned. Member States shall, at the appropriate level, publish this information no later than 6 months after having provided the Commission with these documents. (If adopted it replaces original amendments 75 and 83.)
2011/06/17
Committee: BUDG
Amendment 344 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 6
The Commission shall: 6. Specific duties of the Commission In order to ensure that the funds are used in accordance with the applicable rules, the Commission shall: (-a) monitor the manner in which Member States fulfil their responsibilities, in particular by carrying out audits during the programme implementation; (a) apply procedures for a timely financial clearance of the accounts of the accredited bodies, ensuring thatstablishing whether the accounts are complete, accurate and true and allowing for a timely clearance of irregularity cases; (b) exclude from Union financing expenditure thefor which disbursements which have been made in breach of Union law. Sector-specific rules shall govern the conditions under which(ba) interrupt payment deadlines or suspend payments in case of significant deficiencies in the monitoring by a Member State or in the functioning of a body accredited in accordance with paragraph 3. The Commission may decide to lift all or part of the interruption or suspension on payments toafter a Member States may be susp has presendted by the Commission or interrupted by the authorising officer by delegationits observations. The decision to lift the interruption or suspension shall be annexed to the annual activity report of the competent authorising officer by delegation. (If adopted it replaces the original amendments 76 and 84.)
2011/06/17
Committee: BUDG
Amendment 350 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 6 a (new)
6a. Specific provision for European Territorial Cooperation Sector-specific rules shall take account of the needs of European Territorial Cooperation programmes as regards in particular the content of the annual management declaration, the accreditation process and the audit function. (If adopted it replaces the original amendment 77.)
2011/06/17
Committee: BUDG
Amendment 354 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 56 – paragraph 6 b (new)
6b. National declarations of assurance Member States may provide a national declaration on the expenditure made under the system of shared management. If such a declaration is provided, it shall be signed at ministerial level, and be based on the information to be provided under paragraph 5(c), and shall at least cover the effective functioning of the internal control systems in place and the legality and regularity of the underlying transactions. It shall be subject to the opinion of an independent audit body and be provided to the Commission by 15 March of the year following the budgetary year concerned. A board of audit institutions composed of 6 representatives of supreme audit institutions of the Member States based on a two year rota and the European Court of Auditors shall be consulted on the guidelines for the establishment such national declarations. Where a Member State has provided a national declaration in accordance with the above provisions, this shall be taken into account in the establishment of the Commission’s audit and control strategies and the establishment of risk at Member States’ level in accordance with Article 29 it shall be forwarded to the budgetary authority in mutatis mutandis application of Article 63(9). (If adopted it replaces the original amendments 78 and 85)
2011/06/17
Committee: BUDG
Amendment 359 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 57 – paragraph 7
7. Paragraphs 5 and 6 of this Article shall not apply to Union entities and persons which are subject to a separate procedure of discharge from the budgetary authoritydischarge procedure when these entities implement the Union budget.
2011/06/17
Committee: BUDG
Amendment 362 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 63 – paragraph 6 – subparagraph 2
The ex ante controls shall be carried by the members of staff other than those responsible for the ex post controls. The members of staff responsible for the ex post controls shall not be subordinate to the members of staff responsible for the ex ante controls, and vice versa.
2011/06/17
Committee: BUDG
Amendment 371 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 76 – paragraph 1 – subparagraph 1 a (new)
The debit note corresponding to the recovery order shall be served upon the debtor and shall be binding on the Commission in its content at the time of service.
2011/06/17
Committee: BUDG
Amendment 373 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 81 – paragraph 2 a (new)
2a. The financing decision shall specify the objective pursued, the expected results, the method of implementation and the total amount of the financing plan. It shall also contain a description of the actions to be financed and an indication of the amount allocated to each action, and an indicative implementaiton timetable. In case of indirect management, it shall also specify the implementing partner chosen, the criteria used and the tasks entrusted to it.
2011/06/17
Committee: BUDG
Amendment 374 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 83 – paragraph 1
1. INotwithstanding Article 82(3), in respect of any measure which may give rise to expenditure chargeable to the budget, the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of Article 178.
2011/06/17
Committee: BUDG
Amendment 375 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 83 – paragraph 1 – subparagraph 1 a (new)
However, in case of humanitarian aid operations, civil protection operations and crisis management aid, provided that it is indispensable for the efficient delivery of the Union's intervention to enter into a legal commitment with third parties immediately without being possible to make a prior booking of the individual budgetary commitment, the latter may be booked without delay after entering into a legal obligation with third parties.
2011/06/17
Committee: BUDG
Amendment 376 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 87 – paragraph 4
4. Pre-financing shall be limited to two uncleared payments. It shall be cleared regularly by the responsible authorising officer, following the economic substance and timing of the underlying project. The authorising officer by delegation shall carry out annual eligibility checks. To this effect appropriate provisions shall be included in the contracts, grant decisions and agreements as well as the delegation agreements entrusting implementation tasks to the entities and persons referred to in point (b) of Article 55(1).
2011/06/17
Committee: BUDG
Amendment 377 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 89
The validation, authorisation and payment of expenditure must be completed within the time limits laid down in the delegated Regulation referred to in Article 199, which shall also specify the circumstances in which creditors paid late are entitled to receive default interest charged to the line from which the principal was paid. Article 89 Article 89 1. The time allowed for making payments shall be: (a) 90 calendar days for contracts, grant agreements and decisions involving technical services or actions which are particularly complex to evaluate and for which payment depends on the approval of a report or a certificate; (b) 60 calendar days for all other contracts, grant agreements and decisions for which payment depends on the approval of a report or a certificate; (c) 30 calendar days in all other cases. These time limits shall not apply to payments under shared management. 2. The competent authorising officer by delegation or subdelegation may suspend the time limit for payment by informing creditors, at any time that the payment request cannot be met, either because the amount is not due or because the appropriate supporting documents have not been produced. If information comes to the notice of the competent authorising officer which puts in doubt the eligibility of expenditure appearing in a payment request, the authorising officer may suspend the time limit for payment for the purpose of further verification, including on the spot checks, in order to ascertain, prior to payment, that the expenditure has been indeed eligible. The creditors concerned shall be informed in writing of the reasons for suspension. Where the suspension exceeds two months, the competent clearing committee shall take a decision on the continuity of the suspension upon an application by the creditor. On expiry of the time limits laid down in paragraph 1, the creditor shall be entitled to interest. (If adopted it replaces the original amendment 89.)
2011/06/17
Committee: BUDG
Amendment 380 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 91 a (new)
Article 91a Electronic Government (e-government) All draft proposals submitted to the legislative authority shall be suitable for application of user-friendly information technologies at all levels, in particular the level of final recipients of funds. Where funds are managed in shared management in accordance with Article 56, Commission and Member States shall ensure the interoperability of data gathered or otherwise received and transmitted in the management of the budget. Where data is available in an electronic format, possibilities for its transmission in such format must be foreseen. Where this is necessary, the Member States and the Commission shall agree on uniform data transmission standards. The Commission, in cooperation with other Institutions, executive agencies as well as entities referred to in Article 200, shall establish uniform standards for electronic information supplied to third parties in the process of procurements and grants procedures. It shall, to the greatest possible extent, design and apply uniform standards for the submission, storage and processing of data submitted in grants and procurement procedures, and to this end, shall designate a single ‘electronic data interchange area’ for potential beneficiaries, beneficiaries or candidates and tenderers. The established standards shall be applied by all Institutions and the referred above agencies and bodies. The Commission shall report to Parliament and Council on the progress of the implementation of this provision within two years after the entry of application of this Regulation and regularly thereafter. (If adopted it replaces the original amendment 118.)
2011/06/17
Committee: BUDG
Amendment 387 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 105 – paragraph 1 a (new)
1a. The Commission shall ensure by appropriate means and in application of Article 91a that tenderers may enter the contents of the tenders and any supporting evidence in an electronic format (e-procurement) if they so wish and shall, with the consent of the tenderer, store such supporting evidence for the purpose of conducting future e- procurement procedures, in a central database common to all institutions and entities to which this Regulation applies. The data shall be erased after a six month period unless the tenderer applies for ongoing storage. It shall be the tenderer’s responsibility to maintain and update the stored data. The Commission shall report to Parliament and Council on the progress of the implementation of this provision within two years after the entry into force of this Regulation and regularly afterwards. (If adopted it replaces the original amendment 116.)
2011/06/17
Committee: BUDG
Amendment 391 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 115 a (new)
Article 115a Beneficiaries 1. For the purposes of this Title, the term 'beneficiary' shall mean one or several entities to which the grant is awarded. 2. Where the action is implemented by one or several legal entities represented by or affiliated to a coordinating legal entity, the grant agreement may be signed by the coordinating legal entity on behalf of its affiliated members who shall be regarded as co-beneficiaries. 3. Where the grant is awarded to several (co-)beneficiaries, the grant agreement shall identify these beneficiaries and specify the rights and obligations between them and the Commission. It shall stipulate in particular but not exclusively: (a) the applicable law and legal venue, (b) the financial responsibility of the coordinating legal entity and its affiliated members towards the Commission for the implementation of the whole action, (c) the possibility to modify, following a majority decision of the co-beneficiaries, the rights and obligations between them; any modification in the number or identity of participating beneficiaries shall be subject to the approval of the competent authorising officer, which shall be granted unless there is a danger of that modification frustrating the purpose of the grant or adversely and materially affecting the Commission’s legal rights under the grant agreement. (If adopted it replaces the original amendment 135.)
2011/06/17
Committee: BUDG
Amendment 393 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 116 – paragraph 1 – point a
(a) reimbursement of a specified proportion of the eligible part of the total costs actually incurred; (Amendments 393, 394 and 397 belong together and together replace the original amendment 136.)
2011/06/17
Committee: BUDG
Amendment 394 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 116 – paragraph 1 – point a a (new)
(aa) reimbursement of a specified proportion of standard scale of unit costs; (Amendments 393, 394 and 397 belong together and together replace the original amendment 136.)
2011/06/17
Committee: BUDG
Amendment 397 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 116 – paragraph 1 – subparagraph 1 a (new)
When determining the appropriate form of a grant, the potential beneficiaries’ interests and accounting methods shall be taken into account to the greatest possible extent, if they correspond to international standards. For the purposes of this Regulation, ‘very low value grants’ shall be grants not exceeding EUR 5 000 and ‘low value grants’ shall be grants not exceeding EUR 60 000. (Amendments 393, 394 and 397 belong together and together replace the original amendment 136.)
2011/06/17
Committee: BUDG
Amendment 400 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 117 – paragraph 4
4. Grants may not have the purpose or effect of producing a profit within the framework of the action or the work programme of the beneficiary. The first subparagraph shall not apply to: (a) actions the objective of which is the reinforcement of the financial capacity of a beneficiary or the generation of an income; (b) study, research or training scholarships paid to natural persons; actions which generate an income to ensure their sustainability after the period of Union financing provided for in the grant decision or agreement; (b) study, research or training scholarships paid to natural persons and other direct support paid to natural persons in most need, such as refugees and unemployed persons; (ba) grants based on flat rates and/or lump sums and/or unit costs where these comply with with the conditions set out in Article 116a(2); (bb) low value grants. Where a profit is made, the Commission shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary to carry out the action or work programme.
2011/06/17
Committee: BUDG
Amendment 402 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 117 – paragraph 4 a (new)
4a. For the purpose of this Title, profit shall be defined as follows: (a) in the case of a grant for an action, profit means a surplus of earmarked receipts over the eligible costs incurred by the beneficiary, when the request is made for final payment. Earmarked receipts may consist in income generated by the action and financial transfers from third parties assigned to the eligible costs of the action; (b) in the case of an operating grant, profit means a surplus balance on the eligible operating budget of the beneficiary. (If adopted it replaces the original amendment 140.)
2011/06/17
Committee: BUDG
Amendment 409 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 122 – paragraph 1 a (new)
1a. The maximum time limit for processing applications shall be six months, or, where a panel decision is prerequisite, nine months, from the expiry of the deadline set for the submission of the application. This time limit may exceptionally be exceeded where the specific nature and subject-matter of the grant so require. Where this is the case, the provisional time limit shall be announced in the respective call for proposals. Where the time limit cannot be met due to other reasons, the authorising officer by delegation shall include this into his annual activity report together with the reasons and proposals for remedial action. He shall report in the following annual activity report on the success of the remedial action. (If adopted it replaces the original amendment 149.)
2011/06/17
Committee: BUDG
Amendment 411 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 122 – paragraph 3
3. Articles 100 to 103 shall also apply to grant applicants. Applicants must certify that they are not in one of the situations referred to in Articles 100 to 103. However, the authorising officer may refrain fromshall not requiringe such certification, as specified in the delegated Regulation referred to in Article 199, for any of the following: (a) very low valued grants; (b) when such certification has recently been provided in another award procedure; (c) when there is a material impossibility to provide such certification.If adopted it replaces the original amendment 150.)
2011/06/17
Committee: BUDG
Amendment 413 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 125
Article 125 Article 125 The authorising officer responsible may, if he deems it appropriate and proportionate on a case-by-case basis and subject to risk analysis, require the beneficiary to lodge a guarantee in advance in order to limit the financial risks connected with the payment of pre- financing. Guarantees shall not be required in the case of low value grants.
2011/06/17
Committee: BUDG
Amendment 419 #

2010/0395(COD)

Proposal for a regulation
Part 1 – article 126 a (new)
Article 126a Periods for record keeping 1. Beneficiaries shall keep records, supporting documents, statistical records and other records pertinent to a grant for five years following the payment of the balance and for three years for low value grants. 2. Records related to audits, appeals, litigation or the settlement of claims arising out of the performance of the project shall be retained until such audits, appeals, litigation or claims have been disposed of. 3. The Commission may define periods for record keeping by the accredited bodies and by the Commission in the delegated regulation.
2011/06/17
Committee: BUDG
Amendment 468 #

2010/0395(COD)

Proposal for a regulation
Part 2 – article 175 a (new)
Article 175a Average personnel cost The following criteria for the acceptance of average personnel costs shall apply: (a) the average personnel costs shall be the beneficiary's usual соst accounting practice; this includes cost-centre approaches. (b) the average personnel costs shall be based on the actual personnel costs of the beneficiary as registered in its statutory accounts, or cost accounting as required by applicable national rules, including budgeted or estimated amounts where necessary; (c) the average personnel costs shall exclude any ineligible costs and costs claimed under other costs categories. (If adopted it replaces the first part of original amendment 192.)
2011/06/17
Committee: BUDG
Amendment 469 #

2010/0395(COD)

Proposal for a regulation
Part 2 – article 178 – paragraph 2
The contributions of the Union and the donors shall be entered into a specific bank account. These contributions are not integrated in the budget and are managed by the Commission under the responsibility of the authorising officer by delegation. The entities and persons referred to in point (b) of Article 55(13) may be entrusted with budget implementation tasks in accordance with the relevant rules for indirect management.applies. (If adopted it replaces the original amendment 197.)
2011/06/17
Committee: BUDG
Amendment 471 #

2010/0395(COD)

Proposal for a regulation
Part 2 – article 195 – paragraph 3
3. The institutions and bodies within the meaning of Article 196b shall inform the budgetary authority as soon as possible of any building project likely to have significant financial implications for the budget. If either branch of the budgetary authority intends to issue an opinion, it shall withinn particular, they shall inform the budgetary authority in connection with: (a) construction and renovation projects, before invitations two weeks after receipt of the information on the building project notify the institution concerned of its intentender are issued, about the specific planning arrangements and, once detailed cost plans have been drawn up but before contracts are concluded, about all aspects with a bearing on decision-taking and about project financing, as well as, after completion of the works, about the extent to which the works were carried out as planned and on budget; (b) other building contracts, before invitations to issue such an opinion. Failing a reply, the institution concerned may proceed with the planned operation under its administrative autonomy, subject to Article 335 of the TFEU and Article 185 of the Euratom Treaty with regard to Union representationtender are issued or any prospecting of the local market takes place, about the specific building surface area required and, before contracts are concluded, about all aspects with a bearing on decision-taking and about project financing, as well as, after completion of projects, about budget compliance and project implementation. The approval of the budgetary authority shall be obtained before contracts are concluded. That opinion shall be forwarded to the institute budgetary authority shall take a decision concerned giving approval within twoeight weeks of such notification. The institutions shall request the approval of the budgetary authority for the acquisition of real state assets or any oafter receipt of the application and of all information with a bearing on decision-taking. In the remarks on expenditure as classified in accordance with Article 41, reference shall be made to each building project within the meaning of this article, together with the respective amounts entered in ther building project, finandget. (If adopted it replaceds through a loan.e original amendment 200.)
2011/06/17
Committee: BUDG
Amendment 474 #

2010/0395(COD)

Proposal for a regulation
Part 2 – article 196 b (new)
Article 196b Framework financial regulation for agencies, bodies and public-private partnerships set up under specific provisions of the TFEU and the Euratom Treaty 1. A framework financial regulation shall be adopted, following consultation of the European Court of Auditors by means of a delegated regulation in accordance with Articles 202, 203 and 204 of this Regulation for entities which are set up under specific provisions of the TFEU and the Euratom Treaty and which have legal personality and receive contributions charged to the budget. This framework financial regulation will be based on the principles and rules provided under this Regulation. The financial rules of those bodies may not derogate from the framework financial regulation except where their specific needs so require. Such derogations may not concern the budgetary principles referred to in Title II of Part One, the principle of equality of treatment of operators, and specific provisions set out in the basic acts establishing such bodies; Where the financial rules of these ppps derogate from the framework financial regulation, the Commission shall be notified of these derogations and their justification. The Commission shall have the right to object to such derogations within six weeks following the notification. The rules of these bodies may derogate from the Staff Regulations 1a. Derogations and specific reasons for such derogations shall be communicated to the European Parliament and the Council in a working document annually and no later than 31st October in a working document. The working document shall also set out the progress in the completion of the purpose for which the individual entities were set up, and the relevance of the aforementioned derogations for the progress achieved, the information mentioned in Article 34(2b) and the completion of the previously defined specific targets in the year to which the discharge relates. Where the targets have not been fully met, the management of the entity shall set out the specific reasons for this and propose remedial action which may also comprise the reasoned demand for a temporary increase in administrative allocations for not more than one subsequent year. The working document shall further present the governance structures of all entities under this Article including a comprehensive overview of the size of the individual governing structures in relation to the respective staff. 2. Discharge for the implementation of the budgets of the entities referred to in paragraph 1, shall be given by the European Parliament on the recommendation of the Council. Whenever it deems necessary to do so, the European Parliament shall be entitled to invite their management in the process of the discharge, in particular where the targets described in paragraph 1a are not met for two consecutive years. 3. The Commission's internal auditor shall exercise the same powers over the entities referred to in paragraph 1 as he/she does in respect of Commission departments. 4. Each of the agencies shall appoint by contract, after consultation of the Court of Auditors, an independent auditor whose mission is to verify the conformity of the body's accounts with Article 134 and to undertake an analysis, under the direction of the Court of Auditors, of the legality and regularity of the revenue and expenditure of this body. The Court of Auditors shall examine the report prepared by any such independent auditor and, together with carrying out any other procedures it deems necessary, may rely on the independent auditor's report when forming its opinion. (If adopted it replaces the original amendment 205.)
2011/06/17
Committee: BUDG
Amendment 475 #

2010/0395(COD)

Proposal for a regulation
Part 2 – article 196 c (new)
Article 196c Model Financial Regulation for public- private partnership bodies not based on specific provisions of the TFEU 1. The bodies having legal personality set up by a basic act in application of Articles 288 and 289 TFEU and entrusted with the implementation of a public-private partnership shall adopt their financial rules covering the establishment, implementation, accounting and discharge of the ppp's budget. 2. Those rules shall include a set of principles necessary to ensure sound financial management of Union funds, and be based on Articles 55 and 57 and a model financial regulation adopted by means of a delegated regulation in accordance with Articles 202, 203 and 204 after consultation of the Court of Auditors. Where the financial rules of these ppps derogate from the model financial regulation, the Commission shall be notified of these derogations and their justification. The Commission shall have the right to object to such derogations within six weeks following the notification. The rules of these bodies may derogate from the Staff Regulations insofar as the acts establishing these bodies according to Art. 1a(2) of the Staff Regulations do not foresee an application of the Staff Regulations. 3. Derogations and specific reasons for such derogations shall be communicated the European Parliament and the Council annually and no later than 31st October in a working document. The working document shall also set out the progress in the completion of the purpose for which the individual bodies were set up, and the relevance of the aforementioned derogations for the progress attained, the information mentioned in Article 34(2b) and the completion of the previously defined specific targets in the year to which the discharge relates. Where the targets have not been fully met, the management of the body shall set out the specific reasons for this and propose remedial action which may also comprise the reasoned demand for a temporary increase in administrative allocations for not more than one subsequent year. The working document shall further present the governance structures of all entities under this article including a comprehensive overview of the size of the individual governing structures in relation to the respective staff. 4. Discharge for the implementation of the budgets of the bodies referred to in paragraph 1 shall be given by the European Parliament on the recommendation of the Council. 5. The Commission's internal auditor shall exercise the same powers over the bodies referred to in paragraph 1 as he/she does in respect of Commission departments. (If adopted it replaces the original amendment 206.)
2011/06/17
Committee: BUDG
Amendment 476 #

2010/0395(COD)

Proposal for a regulation
Part 3 – article 199
Article 199 Article 199 The Commission shall be empowered to adopt a delegated Rregulation on detailed rules for the application of this Regulation in accordance with Articles 202, 203 and 204in accordance with Articles 202, 203 and 204 concerning detailed rules to supplement or amend certain non-essential elements of the following Articles: 5, 8, 9, 16, 18, 19, 20, 22, 23, 25, 26, 27, 30, 31, 34, 38, 41, 46, 50, 51, 55, 56, 57, 58, 61, 63, 65, 66, 67, 69, 70, 71, 72, 75, 76, 77, 77b, 78, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90, 92, 93, 94, 95, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 117a, 118, 119, 120, 122, 123, 124, 125, 126, 126a, 126c, 127, 133, 135, 136, 137, 139, 142, 145, 147, 148, 173, 175, 176, 178, 179, 180, 181, 182, 183, 184, 187, 188, 191, 193, 195, 196, 197. An annex to this Regulation lists the objectives, content and scope of the delegation with reference to the aforementioned Articles. The delegated Rregulation shall also include rules on the implementation of administrative expenditure relating to the appropriations provided in the budget for the Euratom Supply Agency. (If adopted it replaces the original amendment 207.)
2011/06/17
Committee: BUDG
Amendment 477 #

2010/0395(COD)

Proposal for a regulation
Part 3 – article 200
Framework financial regulation for agencies and bodies set up under the 1. The Commission shall adopt a framework financial regulation for bodies which are set up under the TFEU and the Euratom Treaty and which have legal personality and receive contributions charged to the budget by means of a delegated act in accordance with Articles 202, 203 and 204 of this Regulation. This framework financial regulation will be based on the principles and rules provided under this Regulation. The financial rules of those bodies may not depart from the framework financial regulation except where their specific needs so require and with the Commission's prior consent. Such exception may not concern the budgetary principles referred to in Title II of Part One, the principle of equality of treatment of operators, and specific provisions set out in the basic acts establishing such bodies. 2. Discharge for the implementation of the budgets of the bodies referred to in paragraph 1, shall be given by the European Parliament on the recommendation of the Council. 3. The Commission's internal auditor shall exercise the same powers over the bodies referred to in paragraph 1 as he does in respect of Commission departments. 4. Unless otherwise provided in the basic act referred to in paragraph 1, the Court of Auditors shall examine the legality and regularity of the revenue and expenditure of this body before its accounts are consolidated with the Commission's accounts. This examination shall rely on the audit report established by an independent external auditor designated by the body and whose mission is to verify the conformity of the body's accounts with Article 134.0 deleted TFEU and the Euratom Treaty
2011/06/17
Committee: BUDG
Amendment 478 #

2010/0395(COD)

Proposal for a regulation
Part 3 – article 201
Model Financial Regulation for public- private partnership bodies The bodies having legal personality set up by a basic act and entrusted with the implementation of a public-private partnership pursuant to point (v) of Article 55(1)(b)shall adopt their financial rules. Those rules shall include a set of principles necessary to ensure sound financial management of Union funds, and be based on Article 57 and a model financial regulation adopted by the Commission by means of a delegated act in accordance with Articles 202, 203 and 204.Article 201 deleted
2011/06/17
Committee: BUDG
Amendment 480 #

2010/0395(COD)

Proposal for a regulation
Part 3 – article 204 – paragraph 3
3. If either the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated actr both institutions have proposed modifications to a delegated regulation or parts of it, the Commission shall take note of the modifications and submit a revised proposal. The European Parliament or the Council may object to this revised proposal within a term of three months from the date of notification, in which case it does not enter into force.
2011/06/17
Committee: BUDG
Amendment 481 #

2010/0395(COD)

Proposal for a regulation
Part 3 – article 208 – paragraph 3
Article 56 shall only apply only to commitments made as of 1 January 2014 of funds referred to in Article 167. as of 1 January 2014 until which time Article 53b of Regulation (EC, Euratom) No 1605/2002 remains in force. However, Member States may already apply Article 56 paragraph 2 as of 1 January 2012. Where Member States provide a national declaration in the meaning of Article 56 paragraph 6b also the final subparagraph of Article 56 paragraph 6b shall apply as of 1 January 2012. As of 1st January 2014, the first sentence of Article 56 paragraph 6b is replaced by the following: "Member States provide a national declaration on the expenditure made under the system of shared management." The functions of existing bodies under Council Regulation (EC) No 1083/20062 shall remain unaffected by the accreditation of such bodies. From 1 January 2014, the accredited bodies shall be competent for performing their functions. 4. Article 5 paragraph 4 shall have immediate effect as from the publication of this Regulation. Where beneficiaries have applied Article 5 paragraph 5 of Regulation (EC) No 1605/2002 without having made use of an interest-bearing bank account, this shall not be considered as an error and/or irregularity. (If adopted it replaces para 3 in the original amendment 221)
2011/06/17
Committee: BUDG
Amendment 482 #

2010/0395(COD)

Proposal for a regulation
Annex (new)
Annex on the delegated regulation according to Article 199 of this Regulation Article 5 The delegated regulation may define rules on the accounting of interest yielded for pre-financing. Article 8 The delegated regulation may contain detailed rules concerning appropriations for a financial year. Article 9 The delegated regulation may contain detailed rules for the cancellation and carry over of appropriations. Article 16 The delegated regulation may establish rules concerning the rate of conversion between the euro and other currencies. Article 18 The delegated regulation may establish the structure to accommodate external and internal assigned revenue and the provision of the corresponding appropriations and determine rules for the contribution from Member States to research programmes. Further, the delegated regulation may complement this Regulation with regard to the proceeds of sanctions imposed on Member States declared to have an excessive deficit, and relating to assigned revenue resulting from the participation of EFTA states in certain Union programmes. Article 19 The delegated regulation may contain detailed rules on the acceptance of donations made to the Union. Article 20 The delegated regulation may contain detailed rules concerning the accounts for recoverable taxes. Article 22 The delegated regulation may establish detailed rules concerning the calculation of percentages of transfers by institutions other than the Commission, and the grounds for transfer requests. Article 23 The delegated regulation may establish detailed rules concerning the calculation of percentages of internal transfers by the Commission, and grounds for transfer requests. Article 25 The delegated regulation may contain detailed rules concerning requests for transfers from the emergency aid reserve. Article 26 The delegated regulation may contain detailed rules concerning ex ante midterm and ex post evaluations. Article 27 The delegated regulation may contain detailed rules concerning the requirements of the financial statement. Article 30 The delegated regulation may establish detailed rules concerning the provisional publication of the budget. Article 31 The delegated regulation may establish detailed rules on the publication of information on recipients of funds awarded in indirect management. Article 34 The delegated regulation may define detailed rules concerning financial programming. Article 38 The delegated regulation may contain detailed rules concerning the draft amending budgets. Article 41 [Text will follow] Article 46 The delegated regulation may contain detailed rules concerning the presentation of the budget, including a definition of actual expenditure in the last financial year for which the accounts have been closed, budget remarks and the establishment plan. Article 50 The delegated regulation may contain detailed rules concerning the budget implementation according to sound financial management, and information on transfers of personal data for audit purposes. Article 51 The delegated regulation may contain detailed rules concerning the basic act and the exceptions enumerated in Article 51. Article 55 The delegated regulation may contain detailed rules concerning the methods of implementation of the budget, including direct centralised management, the exercise of powers delegated to executive agencies, specific provisions for indirect management with international organisations and the designation of public law bodies or bodies governed by private law with a public service mission. Article 56 The delegated regulation may contain detailed rules concerning shared management with Member States, including sector-specific rules that govern conditions under which payments to Member States may be suspended, the compilation of a register of bodies responsible for management, certification and audit activities under the sector- specific regulations, measures to promote best practices and the establishment the clearance-of-account procedures. Article 57 The delegated regulation may contain detailed rules concerning the indirect management of entities and persons other than Member States, including the content of the agreement entrusting budget implementation tasks, the establishment of the conditions in indirect management where the systems, rules and procedures of the Commission are equivalent with those of entities and persons other than Member States, management declarations of assurance, and the establishment of the clearance-of- account procedures. Article 58 The delegated regulation may contain detailed rules concerning the ex ante assessments of rules and procedures under indirect management. Article 61 The delegated regulation may contain detailed rules concerning the rights and obligations of the financial actors. Article 63 The delegated regulation may contain detailed rules concerning ex ante and ex post controls, the keeping of supporting documents, code of professional standards, failure of the authorising officer to act, transmission of information to the accounting officer, and reports on negotiated procedures. Article 65 The delegated regulation may contain detailed rules concerning the powers and duties of the accounting officer, including his/her appointment and termination of duties, the opinion on accounting and inventory systems, treasury and bank account management, signatures on accounts, management of account balances, transfer and conversion operations, methods of payment, legal entity files and keeping of supporting documents. Article 66 The delegated regulation may lay down detailed rules concerning the persons empowered to administer accounts in a local unit. Article 67 The delegated regulation may establish the conditions of imprest accounts and rules also for external actions, including rules regarding the choice of imprest administrators, the endowment of imprest accounts, and checks by authorising and accounting officers. Article 69 The delegated regulation may contain detailed rules concerning the liability of the authorising officer, accounting officer and imprest administrator in case of illegal activity, fraud or corruption. Article 70 The delegated regulation may lay down detailed rules applicable to authorising officers by delegation, including confirmation of instructions and the role of the Financial Irregularities Panel. Article 71 The delegated regulation may contain detailed rules concerning the liability of accounting officers in case of other forms of misconduct. Article 72 The delegated regulation may contain detailed rules concerning the liability of imprest officers in case of other forms of misconduct. Article 75 The delegated regulation may contain detailed rules concerning the estimates of amounts receivable and the establishment of amounts receivable, including procedure and supporting documents, and default interest. Article 76 The delegated regulation may contain detailed rules concerning the establishment of the recovery order. Article 77 The delegated regulation may contain detailed rules on the way of recovery, including recovery by offsetting, recovery procedure failing voluntary payment, additional time for payment, recovery of fines and other penalties, waiving of recovery and cancellation of an established amount receivable. Article 77b The delegated regulation may contain detailed rules for the implementation of the criteria and procedures for financial corrections by the Commission. Article 78 The delegated regulation may contain detailed rules concerning the limitation period. Article 80 The delegated regulation may establish rules with regard to the amounts received by way of fines, penalties and accrued interest. Article 81 The delegated regulation may contain detailed rules concerning the financing decision. Article 82 The delegated regulation may contain detailed rules regarding the types of commitment, adoption of global commitments, single signature, and administrative expenditure covered by provisional commitments. Article 83 The delegated regulation may contain detailed rules on the budgetary and legal commitment including registration of individual commitments. Article 84 The delegated regulation may contain detailed rules concerning the verifications applicable to the different commitments. Article 85 The delegated regulation may establish detailed rules concerning validation of expenditure, including passing for payment of staff expenditure and for interim and balance payments of procurement and grant, certified correct for pre-financing and interim payments, and material forms of "passed for payment" and "certified correct". Article 86 The delegated regulation may contain detailed rules on the authorisation of expenditure, including the establishment of the mandatory details on a payment order and the checks by the authorising officer of payments orders. Article 87 The delegated regulation may contain detailed rules concerning the types of payments and supporting documents. Article 89 The delegated regulation may contain detailed rules concerning payment time limits. Article 90 The delegated regulation may contain detailed rules on the electronic management of operations. Article 92 The delegated regulation may contain detailed rules concerning the appointment of the internal auditor. Article 93 The delegated regulation may contain detailed rules concerning the powers and duties of the internal auditor. Article 94 The delegated regulation may contain detailed rules concerning the independence and the liability of the internal auditor. Article 95 The delegated regulation may contain detailed rules concerning the different contracts under procurement, including framework contracts and specific contracts. Article 97 The delegated regulation may contain detailed rules concerning the requirements for the advertising of contracts and publication of notices. Article 98 The delegated regulation may contain detailed rules concerning the types of procurement procedure, joint procurement with Member States and low value contracts. Article 99 The delegated regulation may contain detailed rules concerning the content of tender documents, including the possibility and the conditions for revision of the price and the technical specifications. Article 100 The delegated regulation may contain detailed rules concerning the exclusion criteria applicable for participation in tenders. It may establish what evidence may be satisfactory to show that an exclusion situation does not exist. Furthermore, in case of an exclusion situation it may establish the duration of the exclusion. Article 101 The delegated regulation may contain detailed rules concerning the exclusion criteria applicable during the procurement procedure. It may establish what evidence may be satisfactory to show that an exclusion situation does not exist. Furthermore, in case of an exclusion situation it may establish the duration of the exclusion. Article 102 The delegated regulation may define detailed rules concerning the Central Exclusion Database. Article 103 The delegated regulation may establish detailed rules concerning different administrative and financial penalties for tenderers or candidates who have made false declarations, have made substantial errors, have committed irregularities or fraud or have been found in serious breach of their contractual obligations. Article 104 The delegated regulation may define the selection criteria and the award criteria. It furthermore may define the documents that give proof of economic and financial capacity and the evidence of technical and professional capacity. The delegated regulation may also contain detailed rules on electronic auctions and abnormally low tenders. Article 105 The delegated regulation may contain detailed rules concerning the submission of tenders. It may establish the time limits for receipt of tenders and requests to participate, the time allowed for access to invitation to tender documents and the time limits in urgent cases. It may also define the different methods of communication. Furthermore, it may establish rules on the possibility of a tender guarantee, the opening of tenders, the requests to participate and the Committee for the evaluation of tenders and requests to participate. Article 106 The delegated regulation may contain detailed rules concerning the principles of equal treatment and transparency. It may define the contact that is allowed between contracting authorities and tenderers during the contract award procedure, the minimum requirements of the written record of an evaluation and the minimum details of the decision taken by the contracting authority. Article 107 The delegated regulation may contain detailed rules concerning the award decision, information to tenderers, and the signature and implementation of the contract. Article 108 The delegated regulation may contain detailed rules concerning information for tenderers, including on the cancellation of the procurement procedure. Article 109 The delegated regulation may contain detailed rules concerning the guarantees that are required from contractors. Article 110 The delegated regulation may contain detailed rules on the suspension of a contract in case of errors, irregularities and fraud. Article 111 The delegated regulation may contain detailed rules concerning the function of contracting authority, including the identification of the appropriate levels for the calculation of thresholds. Article 112 The delegated regulation may contain detailed rules on the thresholds applicable, separate contracts and contracts with lots, and estimating the value of certain contracts. Article 113 The delegated regulation may contain detailed rules concerning tender participation ne evidence of access to contracts. Article 114 The delegated regulation may contain detailed rules on the procurement rules of the World Trade Organization. Article 115 The delegated regulation may specify in more detail the scope and content of grants, and may contain rules determining whether grant agreements or grant decisions are to be used. Further, the delegated regulation may contain details on the use of framework partnership agreements. Article 116 The delegated regulation may define rules for the different forms of grants. Article 117 The delegated regulation may complement the general principles applicable to grants, including the non- profit rule and the co-financing principle. Article 117a The delegated regulation may contain further specifications on eligible costs Article 118 The delegated regulation may define the requirements regarding the annual work programme, the content of the calls for proposals, the exceptions to a call for proposals, the information to applicants and the publication of the grant award decision. Article 119 The delegated regulation may contain detailed rules concerning the principle of non-cumulative award. Article 120 The delegated regulation may contain detailed rules concerning retroactive award. Article 122 The delegated regulation may contain detailed rules concerning the arrangements for grant applications, evidence of non-exclusion, applicants without legal personality, legal entities forming one applicant, financial and administrative penalties, eligibility criteria and very low value grants. Article 123 The delegated regulation may contain detailed rules concerning selection and award criteria. Article 124 The delegated regulation may contain detailed rules concerning the evaluation and award of grants and information to applicants. Article 125 The delegated regulation may contain detailed rules concerning the pre- financing guarantee. Article 126 The delegated regulation may specify rules for payment of grants and controls, including rules concerning the supporting documents and the suspension and reduction of grants. Article 126a The delegated regulation may stipulate periods for record keeping by the accredited bodies and the Commission Article 126c The delegated regulation may contain detailed rules on the competences and composition of the clearing committees. Article 127 The delegated regulation may contain detailed rules concerning implementation contracts and support to third parties. Article 133 The delegated regulation may contain detailed rules concerning the report on budgetary and financial management. Article 135 The delegated regulation may specify the general accepted accounting principles, including the going-concern principle, the principle of prudence, the principle of consistency of preparation, the principle of comparative information, the materiality and aggregation principle, the no-netting principle, and the principle of substance over form, and rules on supporting documents. Article 136 The delegated regulation may contain detailed rules concerning the financial statements, including statements of financial performance, cash flow statements, notes to the financial statements and explanatory notes. Article 137 The delegated regulation may contain detailed rules concerning the content of budgetary accounts. Article 139 The delegated regulation may contain detailed rules concerning the approval of accounts, including the transmission of the final consolidated accounts. Article 142 The delegated regulation may contain detailed rules concerning the organisation of the budgetary accounts, including the use of computerised systems. Article 145 The delegated regulation may contain detailed rules concerning the entries in the accounts. Furthermore, it may contain detailed rules concerning accounting ledgers, the trail balance, accounting reconciliations, recording in the journal and the reconciliation of accounts. Article 147 The delegated regulation may contain detailed rules on the keeping and the content of the budgetary accounts. Article 148 The delegated regulation may contain detailed rules concerning the property inventory and the procedure for the resale and disposing of property, including rules on inventories in delegations. Article 173 The delegated regulation may contain detailed rules concerning types of operations under research. Article 175 The delegated regulation may contain detailed rules concerning the Joint Research Centre. Article 176 The delegated regulation may contain detailed rules concerning the actions which may be financed under external actions. Article 178 The delegated regulation may contain detailed rules concerning trust funds for external actions. Article 179 The delegated regulation may contain detailed rules concerning the implementation of external actions through indirect management. Article 180 The delegated regulation may contain detailed rules concerning agreements with entities on the implementation of external actions, including rules on special loans and bank accounts. Article 181 The delegated regulation may contain detailed rules on external action procurement. Article 182 The delegated regulation may contain detailed rules on the participation in tender procedures. Article 183 The delegated regulation may contain detailed rules on the full financing of an external action and financing applications. Article 184 The delegated regulation may contain detailed rules on grant procedures applicable in indirect management. Article 187 The delegated regulation may contain detailed rules concerning the scope of the European offices and the delegations by the institutions to the European offices. Article 188 The delegated regulation may contain detailed rules concerning the appropriations for the European offices, including the delegation of certain tasks by the accounting officer, treasury and bank accounts. Article 191 The delegated regulation may contain detailed rules concerning the delegation of authorising officer powers to the director of an inter-institutional office. Article 193 The delegated regulation may contain detailed rules regarding the scope of administrative appropriations and rent guarantees. Article 195 The delegated regulation may contain detailed rules concerning specific administrative appropriations, including buildings and advances to staff members of the institutions. Article 196 The delegated regulation may contain detailed rules concerning external experts. Article 197 The delegated regulation may contain detailed rules concerning transitional provisions, including on the liquidation of the guarantee account and updating of thresholds and amounts.
2011/06/17
Committee: BUDG
Amendment 89 #

2008/0261(COD)

Proposal for a directive – amending act
Recital 7 a (new)
(7a) Member States, together with stakeholders, should be free to determine the particular aspects of technologies for combating counterfeiting of pharmaceuticals which they consider most appropriate for their pharmaceutical distribution systems, taking account of the authentication seal adopted by this Directive.
2010/03/12
Committee: ENVI
Amendment 95 #

2008/0261(COD)

Proposal for a directive – amending act
Recital 11 a (new)
The internet is the main source of counterfeit pharmaceuticals. Members of the public should be strongly discouraged from acquiring pharmaceuticals through illegal distribution channels. It would therefore be desirable to organise education campaign(11a) The European public should be made aware of the risks run when purchasing pharmaceuticals through illegal channels, especially in terms of their danger to health. In particular, information campaigns should be promoted at both national and European level. The Commission, in conjunction with the Member States, should adopt effective measures to improve public awareness onf the subject at both national and European levelrisks arising from purchases of pharmaceuticals over the internet. Or. it Justification.
2010/03/12
Committee: ENVI
Amendment 248 #

2008/0261(COD)

Proposal for a directive – amending act
Article 1 - point 9
Directive 2001/83/EC
Article 54a – paragraph 4 – subparagraph 1
4. The Commission shall adopt the measures necessary for the implementation of point (o) of Article 54 and of paragraphs (1) and (2) of this Article. Before formulating a specific proposal, and in order to choose the option that best matches citizens' needs, the Commission shall perform an impact assessment of the costs and benefits of the anti- counterfeiting systems currently in force and seek the views of those involved in the implementation and use of such authenticating seals.
2010/03/12
Committee: ENVI
Amendment 287 #

2008/0261(COD)

Proposal for a directive – amending act
Article 1 - point 9
Directive 2001/83/EC
Article 54 a – paragraph 4 – subparagraph 5 a (new)
The measures referred to in this paragraph shall take due account of the legitimate interests to protect information of a commercially confidential nature and of the protection of industrial and commercial property rights. Member States shall undertake to ensure that the ownership and confidentiality of the data generated by using technology to combat counterfeiting of pharmaceutical products are respected.
2010/03/12
Committee: ENVI
Amendment 374 #

2008/0261(COD)

Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
2a. In accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty on European Union, this Directive shall not in any way alter the right of Member States to impose restrictions on the sale of prescription pharmaceuticals over the internet.
2010/03/12
Committee: ENVI
Amendment 29 #

2008/0260(COD)

Proposal for a directive – amending act
Recital 5
(5) For the sake of clarity, the definition of adverse reaction should be amended to ensure that it not only covers noxious and unintended effects derived from the authorised use of a medicinal product at the normal doses, but also those derived from medication errors and from uses outside the authorised summary of the product characteristics, including the misuse and abuse of the product.
2010/03/15
Committee: ENVI
Amendment 65 #

2008/0260(COD)

Proposal for a directive – amending act
Recital 20 a (new)
(20a) Reporting by healthcare professionals should be particularly encouraged in cases where their contribution is essential in order to understand the significance of the adverse reaction and of adverse reactions derived from medication errors. To facilitate this type of reporting and to protect the citizen, access to data contained in patients’ medical files should be accessible to healthcare professionals.
2010/03/15
Committee: ENVI
Amendment 74 #

2008/0257(COD)

Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No. 726/2004
Article 61a – paragraph 1 – point (ba) (new)
(ba) one representative and one alternate belonging to the EMEA working party of patients and consumers and one representative and one alternate belonging to the EMEA working party of healthcare professionals.
2010/03/01
Committee: ENVI
Amendment 162 #

2008/0028(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Without prejudice to specific Union provisions applicable to particular foods as regards the requirements referred to in points (a) to (k) of Article 9(1), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters using a font size where the x- height, as defined in Annex IV, is equal to or greater than 1,2 mm. The mandatory particulars shall be presented in such a way as to ensure a significantCriteria other than font size, such as font type, contrast between the prifont and the background, line and character pitch, should also be considered.
2011/03/23
Committee: ENVI
Amendment 173 #

2008/0028(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. In case of packaging or containers the largest printable surface of which has an area of less than 680 cm2, the minimum x- height of the font size referred to in paragraph 2 shall be equal to or greater than 0,9 mmnot apply.
2011/03/23
Committee: ENVI
Amendment 267 #

2008/0028(COD)

Proposal for a regulation
Article 25 a (new)
25a. The name or address of the food business operator placed on the label does not constitute an indication of the country of origin or place of provenance of the food product concerned.
2011/03/23
Committee: ENVI
Amendment 294 #

2008/0028(COD)

Proposal for a regulation
Article 33 – paragraph 2 a (new)
2a. The energy content, expressed in kcal per 100g or 100ml or per portion, shall be repeated in the bottom right-hand corner of the front-of-pack, in a font size of 3 mm and surrounded by a boarder.
2011/03/23
Committee: ENVI
Amendment 304 #

2008/0028(COD)

Proposal for a regulation
Article 33 – paragraph 3 – introductory part
3. The particularsWhere the labelling of a prepacked food provides the mandatory nutrition declaration referred to in Aarticle 29(3) may1), the information on energy shall be presented togepeated on the front of pack per 100 g/ml and per portion. In addition, the amounts of fat, saturates, sugars, salt expressed per 100 g/ml or per portion may be repeated thereon:
2011/03/23
Committee: ENVI