Awaiting committee decision
2016/2097(INI) Annual report 2015 on the protection of the EU's financial interests - Fight against fraud
Next event: Vote scheduled in committee, 1st reading/single reading 2017/03/27
Lead committee dossier: CONT/8/06688
Legal Basis RoP 052
Next event: Vote scheduled in committee, 1st reading/single reading 2017/03/27
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | PITERA Julia (EPP) | PARGNEAUX Gilles (S&D), VISTISEN Anders Primdahl (ECR), ALI Nedzhmi (ALDE), DE JONG Dennis (GUE/NGL), JÁVOR Benedek (Verts/ALE), VALLI Marco (EFD), KAPPEL Barbara (ENF) |
Opinion | LIBE | CHINNICI Caterina (S&D) | |
Opinion | REGI | GIUFFRIDA Michela (S&D) |
Legal Basis RoP 052
Activites
-
2017/03/27
Vote scheduled in committee, 1st reading/single reading
-
2016/06/09
Committee referral announced in Parliament, 1st reading/single reading
Documents
Amendments | Dossier |
82 |
2016/2097(INI)
2016/10/25
LIBE
24 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Expresses the need for the Commission to publish its second Anti- Corruption Report, which was due for publication in early 2016, for the sake of the credibility of the European institutions’ work;
Amendment 10 #
Draft opinion Paragraph 2 2. Reiterates its call on the Council to resume immediately the negotiations with Parliament on the Directive on the protection of the financial interests of the Union (PIF Directive); recalls that the PIF Directive
Amendment 11 #
Draft opinion Paragraph 2 2. Reiterates its call on the Council to resume immediately the negotiations with Parliament on the Directive on the protection of the financial and other interests of the Union (PIF Directive); recalls that the PIF Directive is an essential instrument in fighting fraud, corruption, money laundering and other illegal activities affecting the EU’s financial interests; considers that, in the light of the judgment of the Court of Justice of the European Union in case C-105/14, Taricco and Others, the inclusion of VAT in the scope of the directive is inevitable;
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Commission to take legislative action with the aim of setting up a European protection framework for whistle-blowers as soon as possible; considers that whistle-blowing plays a central role in the fight against fraud and corruption as it is one of the most effective ways of halting and preventing wrongdoing from occurring, or uncovering it if it already took place;
Amendment 13 #
Draft opinion Paragraph 3 Amendment 14 #
Draft opinion Paragraph 3 3. Recalls that adoption of the Directive on the protection of the financial and other interests of the Union (PIF Directive) is an essential prerequisite for the adoption of the proposed Regulation on the European Public Prosecutor’s Office (EPPO), which would establish a Union prosecution office to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the EU’s financial and other interests;
Amendment 15 #
Draft opinion Paragraph 4 Amendment 16 #
Draft opinion Paragraph 4 4. Encourages the Council to finalise its position on the EPPO; recalls that Parliament has requested to be kept fully informed throughout the procedure and urges the Council to take Parliament’s views fully into account; underlines the importance of adopting the EPPO Regulation as soon as possible;
Amendment 17 #
Draft opinion Paragraph 4 4.
Amendment 18 #
Draft opinion Paragraph 5 Amendment 19 #
Draft opinion Paragraph 5 5. Reiterates that the EPPO must be independent, endowed with sufficient resources to act effectively, efficiently and swiftly, and required to act at all times in full compliance with the procedural rights of suspects and accused persons; recalls the Council that in order to avoid any adverse effects from the so-called "national link" adequate safeguards ensuring the independence of the EPPO are needed; therefore asks for a provision allowing to derogate from the national link on grounds related to the proper functioning of the office; stresses the need to ensure that the division of competences between the EPPO and Member States is clear and consistent with the role of the EPPO as a Union body; points out that establishing the EPPO will require effective coordination with Eurojust, Europol and OLAF; stress that the new Eurojust regulation as the third part of the package is of crucial importance for functioning of this structure.
Amendment 2 #
Draft opinion Paragraph 1 a (new) 1a. Expresses its concerns about the significant increase (18% on a yearly basis) in the level of reported fraudulent and about the rising trend displayed over the last three years, which shows a need for further policy action to protect EU financial interests;
Amendment 20 #
Draft opinion Paragraph 5 5. Reiterates that the EPPO must be fully independent, endowed with sufficient resources to act effectively, efficiently and swiftly, and required to act at all times in full compliance with the procedural rights of suspects and accused persons; stresses the need to ensure that the division of competences between the EPPO and Member States is clear and consistent with the role of the EPPO as a Union body; points out that establishing the EPPO will require effective coordination with Eurojust, Europol and OLAF.
Amendment 21 #
Draft opinion Paragraph 5 a (new) 5a. Stresses the need for Member States to regularly exchange information in order to effectively close gaps in tackling VAT fraud; urges the same strong ambition for coordination between national authorities and European agencies fighting against fraud;
Amendment 22 #
Draft opinion Paragraph 5 a (new) 5a. Expresses the need to entrust the EPPO to help whistle-blowers use the right channels to disclose their information on possible irregularities affecting the financial interests of the Union;
Amendment 23 #
Draft opinion Paragraph 5 b (new) 5b. Encourages the European Commission to promote an increased exchange of best practices, to promote legal and operational means to analyse successful antifraud investigation, and to promote harmonised fraud detection practices among the Union;
Amendment 24 #
Draft opinion Paragraph 5 c (new) 5c. Encourages Member States' customs authorities to present regularly comprehensive reports to the European Commission about detected fraud and new forms of irregularities.
Amendment 3 #
Draft opinion Paragraph 1 b (new) 1b. Reaffirms that coordination and cooperation at EU level and between EU bodies and Member States' competent authorities can generate a genuine added value in the fight against fraud;
Amendment 4 #
Draft opinion Paragraph 1 c (new) 1c. Welcomes positive examples of good cooperation between national authorities, Eurojust and Europol in the fight against fraud and organised crime;
Amendment 5 #
Draft opinion Paragraph 1 d (new) 1d. Expresses deep concern about the budgetary cuts and the consequent decrease of customs staff being implemented in some Member States;
Amendment 6 #
Draft opinion Paragraph 1 e (new) 1e. Reiterates that effective customs controls are a key element in protecting EU financial interest and that budgetary measures should not prevent Member States' authorities from carrying out their missions;
Amendment 7 #
Draft opinion Paragraph 1 f (new) 1f. Stresses that whistle-blowers play an important role in the protection of EU's financial interests by detecting and reporting possible frauds in respect of EU budget expenditures;
Amendment 8 #
Draft opinion Paragraph 2 2. Reiterates its call on the Council to resume immediately the negotiations with Parliament on the Directive on the protection of the financial interests of the Union (PIF Directive); recalls that the PIF Directive is an essential instrument in
Amendment 9 #
Draft opinion Paragraph 2 2. Reiterates once again its call on the Council to resume immediately the negotiations with Parliament on the Directive on the protection of the financial interests of the Union (PIF Directive); recalls that the PIF Directive is an essential instrument in fighting fraud, corruption, money laundering and other illegal activities affecting the EU’s financial interests; considers that, in the light of the judgment of the Court of Justice of the European Union in case C-105/14, Taricco and Others, the inclusion of VAT in the scope of the directive is inevitable; recalls that VAT fraud contributes to funds leaving the EU;
source: 592.406
2016/11/17
REGI
58 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1.
Amendment 10 #
Draft opinion Paragraph 2 2. Recalls that the high percentage increase (21 % ) in structural and cohesion fund irregularities reported as fraudulent in 2015 is
Amendment 11 #
Draft opinion Paragraph 2 2.
Amendment 12 #
Draft opinion Paragraph 2 2. Recalls that the high percentage increase (21 % ) in structural and cohesion fund irregularities reported as fraudulent in 2015 is
Amendment 13 #
Draft opinion Paragraph 2 a (new) 2a. Considers that benchmarking the data found in the annual report with comparable data about national spending schemes including on irregularities and fraud could help drawing targeted conclusions on cohesion policy spending including on capacity building needs;
Amendment 14 #
Draft opinion Paragraph 3 Amendment 15 #
Draft opinion Paragraph 3 3. Calls on the Commission and the Member States to enhance the harmonisation of classification, detection and reporting of irregularities between Member States; stresses the importance of having a standard definition of errors in the Member States and of establishing the difference between errors and fraud; welcomes, however, the preventive and corrective measures taken by the Commission to avoid fraudulent or not fraudulent irregularities; stresses the need to step up efforts aimed at the early detection of errors and to set up a working group to correct irregularities;
Amendment 16 #
Draft opinion Paragraph 3 3. Calls on the Commission and the Member States to enhance the harmonisation of classification, detection and reporting of irregularities between Member States; welcomes, however, the preventive and corrective measures taken by the Commission to avoid fraudulent or not fraudulent irregularities; calls for a closer cooperation between the Member States and the national authorities to reduce the number of irregularities;
Amendment 17 #
Draft opinion Paragraph 3 3. Calls on the Commission and the Member States to enhance the harmonisation of classification, detection and reporting of irregularities between Member States;
Amendment 18 #
Draft opinion Paragraph 3 3. Calls on the Commission and the Member States to enhance the harmonisation of classification, detection and reporting of irregularities between Member States; recalls the urgent need to better use available information in the Member States to detect fraud; welcomes, however, the preventive and corrective measures taken by the Commission to avoid fraudulent or not fraudulent irregularities;
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3a. Recalls that Member States have first-line responsibility for managing about 80% of the expenditure budget and for collecting almost all revenue; stresses that, as highlighted by the 2015 Activity Annual Report of DG REGIO, the reason for most interruptions and suspensions of Operational Programmes lies in deficiencies with the organisation of the management and control bodies, with the first-level management verifications, with the audit-trail, and the handling of financial engineering instruments;
Amendment 2 #
Draft opinion Paragraph 1 1. Welcomes the Annual Report of the Commission and recalls that the goal of enhancing regional cohesion should always be accompanied by the protection of the EU and Member States’
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3a. Stresses the need for structured coordination between management authorities and anti-fraud bodies, and the importance of coordination and exchange of best practices between Member States and among various administrations within the same Member State in order to homogenise, as much as possible, the approach to tackling fraud;
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the Member States’ initiatives to adopt a joint anti-fraud strategy, and calls on the Commission to step up efforts to extend the strategy to all the Member States;
Amendment 22 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to create a mechanism for the exchange of information between the national competent authorities, in order to allow a cross-comparison of the accounting records concerning the transactions among two or more Member States with a view to helping to detect any transnational fraud in the context of the MFF 2014- 2020, with regard to the macro-category of European Structural and Investment Funds (European Social Fund – ESF; European Regional Development Fund – ERDF; Cohesion Fund – CF; European Agricultural Fund for Rural Development – EAFRD; European Fund for Maritime Affairs and Fisheries – EMFF), in order to ensure a horizontal approach to protecting the financial interests of the European Union;
Amendment 23 #
Draft opinion Paragraph 3 c (new) 4. Appreciates the efforts made by the Member States to detect, evaluate and report irregularities and to implement effective and proportionate anti-fraud measures; calls on the Commission also to use technical assistance in order to help strengthen the technical and administrative capacity of managing authorities to ensure effective control systems able to reduce the risks of fraud; encourages the Commission and the Member States to continue moving in this direction by gradually incorporating into their control systems and procedures the systematic use of IT tools to combat fraud and irregularities;
Amendment 25 #
Draft opinion Paragraph 4 4. Appreciates the efforts made by the Member States to detect, evaluate and report irregularities and to implement effective and proportionate anti-fraud measures; stresses that action to combat fraud should not be an obstacle to development; calls on the Commission also to use technical assistance in order to help strengthen the technical and administrative capacity of managing authorities to ensure effective control systems able to reduce the risks of fraud; invites the Member States to identify ways of guaranteeing investments with a view to recovering losses caused by fraud;
Amendment 26 #
Draft opinion Paragraph 4 4. Appreciates the efforts made by the Member States to detect, evaluate and report irregularities and to implement effective and proportionate anti-fraud measures; calls on the Commission also to use technical assistance in order to help strengthen the technical and administrative capacity of managing authorities to ensure effective control systems able to reduce the risks of fraud; urges the elaboration and acceptance of special guidelines in order to help the national authorities to detect the irregularities and frauds;
Amendment 27 #
Draft opinion Paragraph 4 4. Appreciates the efforts made by the Member States to detect, evaluate and report irregularities and to implement effective and proportionate anti-fraud measures; calls on the Commission also to use technical assistance in order to help
Amendment 28 #
Draft opinion Paragraph 4 4. Appreciates the efforts made by the Member States to detect, evaluate and report irregularities and to implement effective and proportionate anti-fraud measures; calls on the Commission
Amendment 29 #
Draft opinion Paragraph 4 4. Appreciates the efforts made by
Amendment 3 #
Draft opinion Paragraph 1 1. Welcomes the Annual Report of the Commission and recalls that the goal of enhancing regional cohesion should always be accompanied by the protection of the EU’s financial interests; stresses that the fight against fraud is a joint responsibility of the Member States and the European Commission; notes that the fight against fraudulent or non-fraudulent irregularities also increases the general effectiveness of EU fund management;
Amendment 30 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to reinforce its preventive action; welcomes, in this connection, the establishment of a system for the early detection of risks, and calls in particular for the technical and administrative capacities of managing authorities to be strengthened so as to ensure more robust control systems that are able to reduce the risks of fraud and increase detection capacity, including in less developed regions, without imposing an undue financial and administrative burden;
Amendment 31 #
Draft opinion Paragraph 4 a (new) 4a. Recommends to further promote decentralised approaches for the implementation of cohesion policy programmes and measures in order to increase ownership and responsibility on the ground in proximity to citizens which contributes to avoiding fraud;
Amendment 32 #
Draft opinion Paragraph 4 a (new) 4a. Encourages the Commission to further promote the use of the Arachne risk analysis tools in Member States to enhance management verifications;
Amendment 33 #
Draft opinion Paragraph 4 b (new) 4b. Stresses that prevention should involve constant training and support for staff responsible for the management and control of funds within the competent authorities, as well as exchanges of information and best practices between Member States; points to the decisive role of local and regional authorities and stakeholders in combating fraud, ensuring transparency and preventing conflicts of interest, and calls on the Commission and the Member States to take preventive measures, for example by drawing up memoranda of understanding between managing authorities and anti- fraud authorities;
Amendment 34 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the Commission and the Member States to act in full compliance with the provisions setting out the ex-ante conditionalities in cohesion policy, in particular in the field of public procurement, which are an essential pre- requisite for preventing fraudulent and non-fraudulent irregularities in this important field of practical implementation of cohesion policy;
Amendment 35 #
Draft opinion Paragraph 4 b (new) 4b. Calls on Member States to enhance their efforts in the areas highlighted by the Report from the Commission, and namely on: public procurement, financial crime, conflict of interest, corruption, whistle-blowing, definition of fraud;
Amendment 36 #
Draft opinion Paragraph 4 c (new) 4c. Stresses that for the period 2008- 2014, of the total of 816 irregularities notified as being suspected fraud by the Member States, only 87 (10%) were established by OLAF as actual fraud; points out that non-fraudulent irregularities are often due to an insufficient knowledge of complex rules and requirements;
Amendment 38 #
Draft opinion Paragraph 5 5. Recommends that steps be taken to improve the uptake of simplification measures for 2014-2020 with a view to the post-2020 regulatory framework for ESI Funds as a tool to reduce the risk of irregularities caused by errors; asks the Member States to remedy the problems linked to the late reporting of irregularities; stresses that the detection of minor errors should not lead to the suspension of funding programmes;
Amendment 39 #
Draft opinion Paragraph 5 5. Recommends that steps be taken to improve the uptake of simplification measures for 2014-2020 with a view to the post-2020 regulatory framework for ESI Funds as a tool to reduce the risk of irregularities caused by errors; believes that simplification of rules and procedures will aid the reduction of non- fraudulent irregularities; encourages Member States and local and regional authorities to share best practice in this regard;
Amendment 4 #
Draft opinion Paragraph 1 1. Welcomes the Annual Report of the Commission and recalls that the goal of enhancing regional cohesion should always be accompanied by the protection of the EU’s financial interests; notes that the fight against fraudulent or non-fraudulent irregularities also increases the general effectiveness of EU fund management; points out that not all irregularities are fraudulent and that a clear distinction must be drawn between errors and fraud;
Amendment 40 #
Draft opinion Paragraph 5 5.
Amendment 41 #
Draft opinion Paragraph 5 5. Recommends that steps be taken to improve the uptake of simplification measures for 2014-2020 with a view to the post-2020 regulatory framework for ESI Funds as a tool to reduce the risk of irregularities caused by errors, always taking into account the need for a proper balance between vigilance tools and simplified procedures;
Amendment 42 #
Draft opinion Paragraph 5 5. Recommends that steps be taken to improve the uptake of simplification measures for 2014-2020 with a view to the post-2020 regulatory framework for ESI Funds as a tool to reduce the risk of irregularities caused by errors; Underlines the importance of applying the single audit principle;
Amendment 43 #
Draft opinion Paragraph 5 a (new) 5a. Recommends to the Commission to analyse the benefits of introducing incentives for increasing the efficiency of spending, also in view of avoiding overpriced, wasteful or meaningless projects that are implemented for the sole purpose of absorbing resources;
Amendment 44 #
Draft opinion Paragraph 5 a (new) 5a. Points out that the bureaucratic burden and lack of consistency between EU and Member State legislation are contributing to the increase in the number of errors; regrets that strict rules and complex procedures are making financing from EU funds less attractive;
Amendment 45 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that in its mid-term assessment of cohesion policy, due to take place in 2018, the Commission should take account of the need to prevent and reduce the risk of irregularities, including fraudulent ones;
Amendment 46 #
Draft opinion Paragraph 6 6. Stresses the need to conduct communication campaigns and take awareness-raising measures to inform citizens of the effectiveness of the anti- fraud measures put in place so as to avoid misconceptions regarding error rates and the number of frauds committed, also taking into account examples of communication best practices in the Member States; in a broader perspective, considers it necessary, in order to make cohesion policy genuinely more credible again, to highlight sufficiently both ‘good’ and ‘bad’ practices, through databases that go beyond providing a scant description of the project and the expenditure incurred, thus enabling citizens to check effectively both the added value and value of most of the projects implemented and, in certain cases, their lack of usefulness in relation to a given local area.
Amendment 47 #
Draft opinion Paragraph 6 6. Stresses the need to
Amendment 48 #
Draft opinion Paragraph 6 6. Stresses the need to conduct communication campaigns and take awareness-raising measures to inform citizens of the effectiveness of the anti- fraud measures put in place so as to avoid misconceptions regarding error rates and the number of frauds committed, also taking into account examples of communication best practices in the Member States; recommends improving transparency and facilitating access to information on irregularities; stresses the importance of a more efficient exchange of information between Member States.
Amendment 49 #
Draft opinion Paragraph 6 6. Stresses the need to conduct communication campaigns, in all the official languages of the EU if possible, and take awareness-raising measures to inform citizens of the effectiveness of the anti-
Amendment 5 #
Draft opinion Paragraph 1 1. Welcomes the Annual Report of the Commission and recalls that joint efforts by the Member States and Commission to achieve the goal of enhancing regional cohesion should always be accompanied by the protection of the EU’s financial interests; notes that the fight against fraudulent or non-fraudulent irregularities also increases the general absorption and effectiveness of EU fund management;
Amendment 50 #
Draft opinion Paragraph 6 6. Stresses the need to conduct communication and education campaigns and take awareness-raising measures to inform and educate citizens of the effectiveness of the anti-
Amendment 51 #
Draft opinion Paragraph 6 6.
Amendment 52 #
Draft opinion Paragraph 6 a (new) 6a. Points out that fraud and corruption are becoming increasingly transnational in nature; emphasises, in that context, the advisability of setting up an independent European public prosecutor's office to protect the EU's financial interests, whilst taking steps to ensure that the relationship between that office and the existing EU bodies is clarified and that their respective powers are clearly demarcated, in order to rule any unnecessary overlap.
Amendment 53 #
Draft opinion Paragraph 6 a (new) 6a. Is deeply concerned that, as underlined in the 2015 ECA Special Report, failure to comply with public procurement rules has been a perennial and significant source of error in cohesion policy and that serious errors resulted in a lack, or complete absence, of fair competition and/or in the award of contracts to those who were not the best bidders.
Amendment 54 #
Draft opinion Paragraph 6 a (new) 6a. Expresses its concern regarding the ability of cooperation between all the control structures in Member States; calls on the Commission and Member States to support initiatives to strengthen the capacity of coordination between control structures, especially those that act in the first line of control in relationship with the beneficiaries.
Amendment 55 #
Draft opinion Paragraph 6 a (new) 6a. Recalls the need for better understanding the reasons and possible patterns behind the aggregated data and therefore requests the Commission to name those Member States where accumulation of irregularities and fraud can be recorded.
Amendment 56 #
Draft opinion Paragraph 6 b (new) 6b. Considers disturbing the poor communication between Member States and OLAF; Invites the Commission and Member States to promote initiatives that lead to improved communication between public structures but also of civil society in EU Member States and OLAF; stresses that this is important for combating corruption in the Member States.
Amendment 57 #
Draft opinion Paragraph 6 c (new) 6c. Underlines the need to conduct campaigns to strengthen the public confidence in OLAF. Calls on the Commission and Member States to promote the actions of OLAF; stresses that this is important to strength OLAF capacity to cope with the increased number of investigations in order to combat fraud in the EU.
Amendment 58 #
Draft opinion Paragraph 6 d (new) 6d. Recommends to improve transparency at all levels of management on projects implemented with external funds; highlights that this is important to protect the EU budget.
Amendment 59 #
Draft opinion Paragraph 6 e (new) 6e. Expresses its concern regarding the disparity between the information received by OLAF from the Member States, from public sources and private sources; calls on the European Commission to support initiatives aimed to increase the collection of public information and calls on Member States to increase the quality of data provided.
Amendment 6 #
Draft opinion Paragraph 1 1. Welcomes the Annual Report of the Commission and recalls that the goal of enhancing regional cohesion should always be accompanied by the protection of
Amendment 60 #
Draft opinion Paragraph 6 f (new) 6f. Recalls that the simplification of procedures for the beneficiaries in order to access ESI funds is required; call on the European Commission to support initiatives to simplify these procedures; stresses that this is crucial for preventing irregularities as fraud and corruption.
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Points out that there have been many steps forward in the fight against fraud; welcomes in particular the recent establishment within OLAF of a new investigation unit for the Structural Funds and the establishment in each Member State of the Anti-Fraud Coordination Service (AFCOS);
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1b. Notes that most of the irregularities in cohesion policy concern the European Regional Development Fund (ERDF) and the 2007-2013 programming period; stresses that the 371 cohesion policy irregularities classified as fraudulent and the 10 322 irregularities classified as non-fraudulent, notified for the year 2015, are infringements that have been identified and for which corrective measures have been taken, or are about to be taken; points out that not all irregularities constitute fraud and welcomes the distinction made in the report between fraudulent and non- fraudulent irregularities;
Amendment 9 #
Draft opinion Paragraph 2 source: 594.027
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