Activites

• 1995/12/23 Final act published in Official Journal
  • Regulation 1995/2988
  • OJ L 312 23.12.1995, p. 0001
• #1895
• 1995/12/18 Council Meeting
• 1995/12/18 End of procedure in Parliament
• 1995/12/18 Act adopted by Council after consultation of Parliament
• 1995/11/30 Decision by Parliament, 1st reading/single reading
  • T4-0590/1995 summary

    In adopting the report by Mrs Dietmut THEATO (EPP, D), Parliament called for: - administrative penalties for fraud against the Community (note that criminal penalties are regulated by an agreement signed under Title VI of the Treaty on European Union - Justice and Internal Affairs); - a list of more specific cases of fraud ("misappropriation of funds") and measures relating to retroactivity, limitation periods, the time needed for implementing penalty decisions and penalties for operations which are set up artificially in order to benefit from Community financing; - an adequate supply of information to the Community and the European Parliament on the measures adopted by Member States for detecting irregularities; - actions also to be taken, where appropriate, against "de facto decision makers" who, while having no official responsibilities within the company responsible for the fraud, have nevertheless had an influence on the fraudulent decision; - measures which guarantee an element of surprise when conducting spot checks, insofar as these are provided for under a specific regulation. �

• 1995/11/29 Debate in Parliament
• 1995/11/22 Committee report tabled for plenary, reconsultation
  • A4-0296/1995
• 1995/11/22 Vote in committee, 1st reading/single reading
• 1995/07/04 Formal reconsultation of Parliament
• #1862
• 1995/06/29 Council Meeting
• 1995/06/29 Amended legislative proposal for reconsultation published
  • 07522/1995 summary

    The Council again consulted the European Parliament on the joint guideline of the Council with a view to adoption of the Regulation on the protection of the Communities' financial interests. The main provisions of the Council's joint guideline were as follows: - Adoption of general rules relating to uniform controls and administrative measures and penalties concerning irregularities with regard to Community law (legal basis: Article 235 of the EC Treaty and Article 203 of the ECSC Treaty). - 'Irregularity' shall mean any infringement of the provision of Community law resulting from an act or omission by an economic operator which has the effect of prejudicing the general budget of the European Communities. - Introduction of controls and administrative penalties such as: payment of a fine, payment of an amount greater than the amounts wrongly received, increased interest, removal in part or entirely of an advantage granted, exclusion from, or withdrawal of, the advantage for a period subsequent to that of the irregularity, temporary withdrawal of approval, loss of a guarantee or security, economic penalties. - The penalties may apply to natural or legal persons, and to persons who participated in the commission of the irregularity. They must be effective, proportionate and dissuasive. - The limitation period for proceedings shall be four years as from the time when the irregularity was committed; in the case of repeated irregularities, the limitation period shall be four years as from the date on which the irregularity ended. - The period for enforcement of the decision imposing the administrative penalty shall be three years, with effect from the date on which the decision becomes final. - Any irregularity shall involve, as a general rule, the withdrawal of the wrongly obtained advantage. - The imposition of financial penalties (administrative fines) may be suspended if criminal proceedings have been brought against the person concerned in respect of the same acts. - Without prejudice to the controls undertaken by the Member States, the Commission may arrange, on its own responsibility, for verification of: compliance of administrative practices with Community rules; the existence of the necessary evidence; the conditions under which these financial operations are undertaken. It may also conduct on-site checks and verifications. �

• #1846
• 1995/05/22 Council Meeting
• #1835
• 1995/03/20 Council Meeting
  • 1835 summary

    The Council: - referring to the Ecofin Council conclusions of 11 July 1994, particularly as regards the need to increase the effectiveness and equivalence of control mechanisms and systems of administrative penalties in the various areas of the budget, and to the conclusions of the European Council meeting in Essen on 9 and 10 December 1994 on the adoption as soon as possible of the Regulation on protection of the Community’s financial interests; 1. reiterates its statement to the effect that the principle of subsidiarity cannot reduce the need to enact, in Community legislation, appropriate provisions enabling the Commission and the Member States to ensure that Community law is properly applied and to fulfil their obligations to protect Community revenue and expenditure; 2. stresses the need to strengthen protection of the Communities’ financial interests; 3. notes that further progress is required in devising a broad legal concept of abuse of Community rules, as proposed by the Commission, in order to reduce the risk of transactions with no valid economic rationale being carried out solely to take advantage of benefits available under Community financial rules; 4. highlights the desirability of upholding and consolidating the acquis communautaire; 5. calls for the swift and clearest possible definition of the relationship between Community administrative penalties and national administrative and criminal ­law penalties, having regard to the objective of ensuring effective and dissuasive protection of the Communities’ financial interests while complying with general legal principles; 6. calls for consideration to be given, in drawing up a list of Community administrative penalties, to the objective of establishing a suitable framework for penalties; 7. calls for proceedings to be expedited, on the basis of the Commission proposal and taking into account the Presidency’s suggestions and delegations’ comments, with a view to the adoption as soon as possible of the Regulation on protection of the Communities’ financial interests; 8. calls for all preparatory work to be completed in time for the Council to proceed with final enactment at its meeting in May 1995.

• 1995/03/15 Debate in Parliament
  • T4-0094/1995 summary

    Parliament rejected the draft act. �

• 1995/02/22 Vote in committee, 1st reading/single reading
  • A4-0040/1995
• 1994/10/24 Committee referral announced in Parliament, 1st reading/single reading
• #1777
• 1994/07/11 Council Meeting
  • 1777
• 1994/06/15 Legislative proposal published
  • COM(1994)0214 summary

    PURPOSE: to protect the Community’s financial interests.PROPOSED ACT: Council Regulation.CONTENT: This proposed regulation was designed to give stronger protection to the Community's financial interests by introducing Community administrative penalties against fraud, abuses and other irregularities against the Community's financial interests, including the budget and any other revenue managed by or for a Community institution. The Member States were required to apply equal penalties for fraud against their national interests and fraud against the Community's interests. Various administrative penalties could be applied: fines, the withdrawal of some or all of a benefit granted under Community rules, exclusion from or withdrawal of the benefit for a period following the irregularity, temporary or permanent withdrawal of an authorisation or recognition required to participate in a Community aid scheme, etc. The penalties would apply to both natural and legal persons. A five-year limitation period after the irregularity was proposed for a decision to be reached on a penalty, together with the same period for its application once it was adopted. No penalty could be applied unless provided for in a Community act prior to the irregularity. The proposal was accompanied by a draft agreement between the Member States on the introduction of penal sanctions.

Documents

• Legislative proposal published: COM(1994)0214
• Debate in Council: 1777
• Committee report tabled for plenary, 1st reading/single reading: A4-0040/1995
• Decision by Parliament, 1st reading/single reading: T4-0094/1995
• Debate in Council: 1835
• Amended legislative proposal for reconsultation published: 07522/1995
• Committee report tabled for plenary, reconsultation: A4-0296/1995
• Decision by Parliament, 1st reading/single reading: T4-0590/1995
• : Regulation 1995/2988
• : OJ L 312 23.12.1995, p. 0001

History

(these mark the time of scraping, not the official date of the change)