2017/2216(INI) | [ParlTrack]

Motion for a resolution
Citation 1 a (new)

- having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national parliaments in the European Union,

Amendment 10 #

Motion for a resolution
Recital I a (new)

Ia. whereas until creation of European Public Prosecutor Office and reform of Eurojust, OLAF is the sole European body specialized in protection of the Union’s financial interest; emphasizes that in several Member States even after the setting up of EPPO it will remain the only body to protect the EU’s financial interest;

Amendment 11 #

Motion for a resolution
Paragraph 4

4. ~~Takes the view~~Notes that the cooperation between the Commission and the Member States in the area of fraud detection is not effective enough;

Amendment 12 #

Raffaele FITTO

Motion for a resolution
Paragraph 4

4. Takes the view that the cooperation between the Commission and the Member States in the area of fraud detection is not effective enough; urges accordingly that a set of measures be taken to ensure closer, more effective and more efficient cooperation;

Amendment 13 #

Motion for a resolution
Paragraph 5

5. ~~Deplores~~Regards as unacceptable the fact that not all Member States have adopted national anti- fraud strategies;

Amendment 14 #

Motion for a resolution
Paragraph 5

5. Deplores the fact that not all Member States have adopted national anti- fraud strategies; calls on the Commission to actively get engaged to help Member States creating their national anti-fraud strategies particularly because they manage approximately 74% of the EU budget;

Amendment 15 #

Motion for a resolution
Paragraph 6

6. ~~Calls again on the Commission to establish~~Notes that the European Commission has put in place an uniform system for the collection of comparable data on irregularities and cases of fraud ~~from the Member States in order to standardise the reporting process and ensure the qual~~through adoption in 2015 of four Delegated and four Implementing Regulations on the reporting of irregularities harmonizing the areas of shared management ( EU 2015/1970, 2015/1971,2015/1972, 2015/1973,2015/1974, 2015/1975, 2015/1976, 2015/1977) as well as introducing in 2016 a common module in the Irregularity Man~~d comparability of the data provided~~agement System for the transmission of irregularities;

Amendment 16 #

Motion for a resolution
Paragraph 6 a (new)

6a. Expresses concern at the ongoing differences between Member States regarding the reporting process, which can give rise to a mistaken perception of the effectiveness of the controls; calls on the Commission to continue its efforts to help Member States step up the level and quality of inspections and share best practices in combating fraud;

Amendment 17 #

Motion for a resolution
Paragraph 7

7. ~~Welcom~~Notes the adoption of the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (the PIF Directive), whose scope includes VAT;

Amendment 18 #

Motion for a resolution
Paragraph 7

7. Welcomes the adoption of the Directive on the fight against fraud to the Union’s financial interests by means of criminal law (the PIF Directive), whose scope includes VAT fraud, which is particularly important for stepping up the fight against cross-border VAT fraud; sees the Directive as a first step to a harmonised European criminal law; notes that the Directive provides a definition of corruption and defines the types of fraudulent behaviour to be criminalised;

Amendment 19 #

Motion for a resolution
Paragraph 8

8. ~~Welcomes~~Takes note of the decision of 20 Member States to proceed with the establishment of a European Public Prosecutor’s Office through enhanced cooperation and looks forward to fruitful cooperation between OLAF and the European Public Prosecutor’s Office; regrets however that not all EU Member States have been willing to participate in this initiative, and underlines the importance of maintaining equivalent fraud detection efficiency rates in all Member States;

Amendment 2 #

Motion for a resolution
Citation 1 b (new)

- having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

Amendment 20 #

Motion for a resolution
Paragraph 8

8. ~~Welcom~~Notes the decision of 20 Member States to proceed with the establishment of a European Public Prosecutor’s Office through enhanced cooperation and looks forward to fruitful cooperation between OLAF and the European Public Prosecutor’s Office; regrets however that not all EU Member States have been willing to participate in this initiative, and underlines the importance of maintaining equivalent fraud detection efficiency rates in all Member States;

Amendment 21 #

Motion for a resolution
Paragraph 8

Amendment 22 #

Motion for a resolution
Paragraph 8

8. Welcomes the decision of 20 Member States to proceed with the establishment of a European Public Prosecutor’s Office through enhanced cooperation ~~and looks forward to fruitful~~; recalls that cooperation between OLAF and the European Public Prosecutor’s Office has to be based on avoidance of duplications of efforts, efficient exchange of information and OLAF’s support in the EPPO’s activities; regrets however that not all EU Member States have been willing to participate in this initiative, and underlines the importance of maintaining equivalent fraud detection efficiency rates in all Member States;

Amendment 23 #

Motion for a resolution
Paragraph 8

8. Welcomes the decision of 20 Member States to proceed with the establishment of a European Public Prosecutor’s Office through enhanced cooperation and looks forward to fruitful cooperation between OLAF and the European Public Prosecutor’s Office; regrets however that not all EU Member States have been willing to participate in this initiative, and underlines the importance of maintaining equivalent fraud detection efficiency rates in all Member States; calls on the Commission to push the remaining Member States which do not yet participate in the EPPO to do so; calls for negative financial consequences for those Member States which are not willing to participate in the EPPO;

Amendment 24 #

8. Welcomes the decision of 20 Member States to proceed with the establishment of a European Public Prosecutor’s Office through enhanced cooperation and looks forward to fruitful cooperation between OLAF and the European Public Prosecutor’s Office; regrets however that not all EU Member States have been willing to participate in this initiative, and underlines the importance of maintaining equivalent fraud detection efficiency rates in all Member States; calls on the Commission to incentivise the so far reluctant Member States to join to the EPPO;

Amendment 25 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for an effective cooperation between OLAF and EPPO to avoid double structures, conflicting competences and legal loopholes through lack of competences;

Amendment 26 #

Motion for a resolution
Paragraph 10

10. ~~Welcomes~~Takes note of the adoption of short- term measures to tackle losses on VAT mentioned in the Commission’s Action Plan entitled ‘Towards a single EU VAT area’ published on 7 April 2016; looks forward with interest to the Commission’s proposals for a definitive VAT system as provided for in the action plan;

Amendment 27 #

Motion for a resolution
Paragraph 10

10. Welcomes the adoption of short- term measures to tackle losses on VAT mentioned in the Commission’s Action Plan entitled ‘Towards a single EU VAT area’ published on 7 April 2016; ~~looks forward with~~ emphasizes that the problems related to cross-border VAT fraud need strong, coordinate~~rest to the Commission’s proposals for a definitive VAT system as provided for in the action plan~~d and speedy measures; urges the Commission speed up its procedures to present its proposals for a definitive VAT system as provided for in the action plan in order to avoid the loss of tax revenue in the EU and in the Member States;

Amendment 28 #

Motion for a resolution
Paragraph 12

12. Notes with great concern that tobacco smuggling to the EU has intensified in recent years and, according to estimates, represents an annual loss of EUR 10 billion in public revenue to the EU and Member States’ budgets, while at the same time it is a major source of organised crime, including terrorism;

Amendment 29 #

Raffaele FITTO

Motion for a resolution
Paragraph 12

12. Notes with concern that tobacco smuggling to the EU has intensified in recent years and, according to estimates, represents an annual loss of EUR 10 billion in public revenue to the EU and Member States’ budgets, while at the same time it is a major source of organised crime, including terrorism; considers it necessary for Member States to step up their efforts to combat these illegal activities, for example by improving procedures for cooperation and exchanges of information between Member States;

Amendment 3 #

Motion for a resolution
Recital A

A. whereas de jure the Member States and the Commission have shared responsibility for implementing approximately 74% of the Union’s budget for 2016 de facto however, Member States spending those resources and the Commission is responsible for having overview of those projects vis a vis providing a certain level of control; whereas Member States are primarily responsible for the collection of own resources, particularly in the form of VAT and customs duties;

Amendment 30 #

Motion for a resolution
Paragraph 12

12. Notes with concern that tobacco smuggling to the EU has intensified in recent years and, according to estimates, represents an annual loss of EUR 10 billion in public revenue to the EU and Member States’ budgets, while at the same time it is a major source of organised crime, including terrorism; stresses that China is the primary originating country (80%) for counterfeit goods, followed by Hong Kong, United Arab Emirates, Turkey and India;

Amendment 31 #

Motion for a resolution
Paragraph 15 a (new)

15a. Deplores the disparities in the customs checks carried out within the EU and the large amounts involved in fraud affecting the own resource collection system; calls on the Commission to strengthen the common policy on customs checks by providing for genuine harmonisation with a view to improving the collection of traditional own resources and to ensure the EU’s security and economic interests, focusing in particular on efforts to combat trade in illicit and counterfeit products;

Amendment 32 #

Motion for a resolution
Paragraph 18

18. ~~Calls on the Commission to report annually the amount of EU own resources recovered following the recommendations made by OLAF and to communicate the amounts still to be recovered~~Deplores the fact that the European Commission is not capable to calculate the total amount of recoveries arose from OLAF’s recommendations for recovery; urges the Commission to introduce a system allowing calculation of the total sums recovered and to publish the cooperation of recommendation and sums factually recovered in the OLAF’s annual reports;

Amendment 33 #

Motion for a resolution
Paragraph 18

18. ~~Calls on~~Urges the Commission to report annually the amount of EU own resources recovered following the recommendations made by OLAF and to communicate the amounts still to be recovered;

Amendment 34 #

Motion for a resolution
Paragraph 18 a (new)

18a. Considers that the Commission should provide annual data on the difference between expected VAT and customs receipts and those actually collected;

Amendment 35 #

Motion for a resolution
Paragraph 19

19. ~~Deplores~~Notes with great disapproval the fact that non- fraudulent irregularities in direct expenditure increased by 16% compared to the previous year, in contrast to all other budget sectors, which registered a decrease in this regard;

Amendment 36 #

Motion for a resolution
Paragraph 20

20. ~~Regrets~~Notes with great disapproval that this is the fourth year in which the irregularities reported as fraudulent in direct management increased in number (16 cases in 2015 and 49 cases in 2016) and value (EUR 0.78 million in 2015 and EUR 6.25 million in 2016);

Amendment 37 #

Georgi PIRINSKI, Gilles PARGNEAUX

Motion for a resolution
Paragraph 20

20. Regrets that this is the fourth year in which the irregularities reported as fraudulent in direct management increased in number (16 cases in 2015 and 49 cases in 2016) and value (EUR 0.78 million in 2015 and EUR 6.25 million in 2016); calls on the Commission to present by the end of 2018 a specific plan to reduce fraud in this area;

Amendment 38 #

Motion for a resolution
Paragraph 21

21. ~~Is deeply concerned~~Notes that the number of reported fraudulent and non- fraudulent irregularities concerning the European Agriculture Fund for rural development (EAFRDF), while decreasing from 3 250 cases in 2015 to 2 676 cases in 2016, is still twice as high as in 2012, but wishes to highlight that the amounts concerned in 2016 are only 8% higher than in 2012; also notes that, even though between 2015 and 2016 the total number of fraudulent and non-fraudulent irregularities for this fund fell by 16%, the number of fraudulent irregularities increased by ~~28%~~17 %, however, welcomes the fact that the financial amounts involved in fraudulent irregularities decreased by more than 50%; notes as well that fraudulent irregularities in the EAFRD over the last five years represent about 0.5% of payments;

Amendment 39 #

Georgi PIRINSKI, Gilles PARGNEAUX

Motion for a resolution
Paragraph 22

22. ~~Is deeply concerned~~Notes that the 8 497 fraudulent and non-fraudulent irregularities linked to cohesion policy and fisheries in 2016 were 22% less than in 2015, but 25% higher than the average for the last five years; notes also that the financial amounts affected by irregularities was 5% less than in 2015; takes note that for programming period 2007-2013 0,42% of the commitment appropriations were affected by fraud and 2,08% by non-fraudulent irregularities;

Amendment 4 #

Motion for a resolution
Recital D

D. whereas the diversity of legal and administrative systems in the Member States ~~presents a challenging environment in which~~needs to be adequately addressed to overcome irregularities and combat fraud; whereas the Commission should therefore step up its efforts to ensure that the fight against fraud is implemented effectively and produces more tangible and more satisfactory results;

Amendment 40 #

Motion for a resolution
Paragraph 25 a (new)

25a. Expresses concern regarding checks relating to financial instruments managed by intermediaries and the weaknesses revealed in verification of beneficiaries’ registered offices; stresses the need to make the disbursement of direct and indirect loans conditional on the publication of country-by-country tax and accountancy data, and on the disclosure of information on actual ownership by the beneficiaries and financial intermediaries involved in the financing operations;

Amendment 41 #

Motion for a resolution
Paragraph 28 a (new)

2a. Advocates closer cooperation between Member States in exchanging information; points out that many Member States do not have specific laws against organised crime, while its involvement in cross-border activities and sectors affecting the EU’s financial interests, such as smuggling or counterfeiting of currency, is constantly growing; considers it essential for the Member States to use effective means to counter the growing internationalisation of fraud and calls on the Commission to introduce common standards for measures to help combat fraud;

Amendment 42 #

Motion for a resolution
Subheading 4 a (new)

Public Procurement

Amendment 43 #

Motion for a resolution
Paragraph 28 a (new)

28a. recalls, that public procurement was one of the major source of error in the last programming period, notes that the level of irregularities due to non- compliance with public procurement rules remains high; repeatedly calls on the Commission to develop a database on irregularities, capable of providing a basis for meaningful analysis in a comprehensive way of the frequency, seriousness and causes of public procurement errors; calls on the relevant authorities in Member States to develop and analyse their own databases on irregularities, including those arising in public procurement, and to cooperate with the Commission to provide such data in a form and at a time that facilitates the Commission’s work; calls on the Commission to monitor and evaluate the transposition of the 2014/24/EC and 2014/25/EC Directives on public procurement into national rules as soon as possible;

Amendment 44 #

Motion for a resolution
Paragraph 28 b (new)

28b. recalls on the Commission and the Member States to comply with the provisions setting out the ex-ante conditionalities in cohesion policy, in particular in the field of public procurement; calls on the Member States to step up their efforts in the areas highlighted by the Commission’s annual report, in particular as regards public procurement, financial crime, conflict of interest, corruption, whistle-blowing and the definition of fraud;

Amendment 45 #

Motion for a resolution
Paragraph 29

29. ~~Calls on~~Urges the Commission and Member States to take firmer measures against fraudulent irregularities; believes that non-fraudulent irregularities should be eliminated using administrative measures, in particular by introducing more transparent and simpler requirements;

Amendment 46 #

Motion for a resolution
Paragraph 29 a (new)

29a. Emphasises that a system enabling the authorities to exchange information would facilitate the cross-checking of accounting records for transactions between two or more Member States in order to prevent cross-border fraud in respect of the structural and investment funds, hence ensuring a cross-cutting and comprehensive approach to the protection of Member States’ financial interests; reiterates its request to the Commission to submit a legislative proposal on mutual administrative assistance in those areas of European funding where no provision is made for this;

Amendment 47 #

Motion for a resolution
Paragraph 31

31. Looks forward to the independent mid-term evaluation of the Hercule III programme, which ~~is to~~should have been submitted to the European Parliament and the Council no later than 31 December 2017;

Amendment 48 #

Motion for a resolution
Paragraph 31 a (new)

31a. Points out that complete transparency in accounting for expenditure is essential, especially as regards infrastructure works financed directly through EU funds or financial instruments; calls on the Commission to ensure that EU citizens have full access to information regarding co-funded projects;

Amendment 49 #

Motion for a resolution
Paragraph 31 b (new)

31b. Considers it necessary to provide easily accessible information tools to ensure greater public involvement in the EU at the programming and control stage, especially in connection with major infrastructural funding; calls on the Commission to consider instruments to facilitate direct public involvement in monitoring the spending of EU funds, and to establish an accessible electronic desk for reporting cases of fraud;

Amendment 5 #

Motion for a resolution
Recital D

D. whereas the diversity of legal and administrative systems in the Member States presents a challenging environment in which to overcome irregularities and combat fraud; whereas the Commission should therefore step up its efforts to ensure that the fight against fraud is implemented effectively and produces more tangible and more satisfactory results; by means of initiatives - legislative included – aimed at aligning or at least ensuring an upward of the powers available to the competent authorities of the Member States, as it is the case - for example - in Italy by means of the extensive powers available to the “Guardia di Finanza”, as acknowledged at the session of Budgetary Control Committee on 13 November 2017.

Amendment 50 #

Motion for a resolution
Paragraph 31 a (new)

31a. Prevention Considers that prevention activities are very important in diminishing the level of fraud in spending the EU money

Amendment 51 #

Motion for a resolution
Paragraph 31 b (new)

31b. Welcomes the Commission and OLAF prevention activities and asks for the strengthening the implementation of the Early Detection and Exclusion Systems (EDES) and Anti-Fraud Information System (AFIS) and for completion of the National Anti-Fraud Strategies

Amendment 52 #

Motion for a resolution
Paragraph 31 c (new)

31c. Calls on the Commission to continue the simplification of the financial regulation and all other administrative rules. Asks the Commission to evaluate very carefully the clarity and the added value of the financing directions of the Member States operational programs

Amendment 53 #

Motion for a resolution
Paragraph 31 d (new)

31d. Calls on the Commission to elaborate a framework for the digitalization of all process of implementation of EU policies (calls for proposals, application, evaluation, implementation, payments) to be applied by all Member States

Amendment 54 #

Motion for a resolution
Paragraph 31 e (new)

31e. Considers transparency an important tool for the fight against fraud. Calls on the Commission to elaborate a framework to be used by Member States for making public all steps of the implementation of the projects financed with European funds, including payments

Amendment 55 #

Gerben-Jan GERBRANDY, Sophia IN 'T VELD

Motion for a resolution
Paragraph 32

32. Emphasises the important role of whistleblowers in fraud prevention, detection and reporting and the need to protect them; calls on the Commission and the Member States to ~~ensure a minimum level of~~legislate for complete protection for whistleblowers within the EU;

Amendment 56 #

Petri SARVAMAA

Motion for a resolution
Paragraph 34

34. Reiterates its call on the Commission to submit as a matter of urgency ~~a horizontal~~sector specific legislative proposals on the protection of whistleblowers in order to effectively prevent and combat fraud affecting the financial interests of the European Union;

Amendment 57 #

Motion for a resolution
Paragraph 35

35. Deplores the fact that the Commission no longer feels the need to publish the anti-corruption report, which has impaired the assessment of the scale of corruption; recalls its recommendation of 13 December 2017 to the Council and the Commission following the inquiry into money laundering, tax avoidance and tax evasion, in which it noted that the anti- corruption monitoring by the Commission will be pursued through the European Semester process; took the view that anti- corruption might be overshadowed by other economic and financial matters in this process; and called on the Commission to lead by example, resuming the publication of the report and committing to a much more credible and comprehensive anti-corruption strategy; points out that the fight against corruption is a matter of police and justice cooperation, a policy area where the European Parliament is co-legislator and has full scrutiny powers.

Amendment 58 #

Gerben-Jan GERBRANDY, Sophia IN 'T VELD

Motion for a resolution
Paragraph 36

36. ~~Reiterates its opinion~~Stresses that corruption is an enormous challenge for the EU and the Member States, and that, without effective measures against it, corruption undermines economic performance, the rule of law and the credibility of democratic institutions within the Union;

Amendment 59 #

Motion for a resolution
Paragraph 36

36. Reiterates its opinion that corruption is an enormous challenge for the EU and the Member States, and that, without effective measures against it, corruption undermines economic performance, the rule of law and the credibility of democratic institutions within the Union; recalls its Resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights, specifically calling for the establishment of an annual report on democracy, the rule of law and fundamental rights (European DRF Report) with country- specific recommendations, including a specific focus on corruption.

Amendment 6 #

Motion for a resolution
Recital H

H. whereas ~~the current~~ VAT systems, in particular as applied to cross-border transactions, isare vulnerable to fraud and tax- avoidance strategies, in which Missing Trader Intra- Community (MTIC) fraud, commonly called carousel fraud, alone was responsible for VAT revenue losses of approximately EUR 50 billion in 2015;

Amendment 60 #

Motion for a resolution
Paragraph 36

36. Reiterates its opinion that corruption is an enormous challenge for the EU and the Member States, and that, without effective measures against it, corruption undermines economic performance, the rule of law and the credibility of democratic institutions within the Union; regrets that the new directive on public procurement has not so far led any noticeable improvement in detection of the level of corruption in the EU, and calls on the Commission to provide effective instruments for improving the transparency of contracting and subcontracting procedures;

Amendment 61 #

Amendment 62 #

Motion for a resolution
Paragraph 36 a (new)

36a. is alarmed by the results of research which show that the risk of fraud and corruption is higher when Member States spending European resources, particularly when the share of European funding is significantly over 50% of the total costs, therefore is of the opinion that Member States do not comply completely with Article 325 (2) of the Treaty on the Functioning of the European Union, which requires Member States to take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests; therefore calls on the Member States to fully apply the principle of Article325 (2) and the Commission to make sure that Member indeed do so;

Amendment 63 #

Motion for a resolution
Paragraph 36 a (new)

36a. Is concerned by some Member States which have been blocking reforms, or even hampering existing anti- corruption legislation; is on an opinion that those countries should be subject supplementary and rigorous controls on expenditure of EU funds

Amendment 64 #

Motion for a resolution
Paragraph 36 b (new)

36b. recalls on the Member States to ratify fully the EU Directive on money- laundering, with the introduction of a public register of beneficial ownership of companies and also trusts;

Amendment 65 #

Motion for a resolution
Paragraph 36 c (new)

36c. Reiterates its call on the Commission to develop a system of strict indicators and easily applicable, uniform criteria based on the requirements set out in the Stockholm Programme, to measure the level of corruption in the Member States and to evaluate their anti- corruption policies; invites the Commission to develop a corruption index in order to rank the Member States; is of the opinion that a corruption index could provide a sound basis on which the Commission could establish its country- specific control mechanism when controlling the spending of EU resources;

Amendment 66 #

Motion for a resolution
Paragraph 36 d (new)

36d. Reiterates that prevention should involve constant training and support for the 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;

Amendment 67 #

Motion for a resolution
Paragraph 36 e (new)

36e. recalls that the Commission does not have access to the information exchanged between Member States with a view to preventing and combating Missing Trader Intra-Community (MTIC) fraud, commonly called carousel fraud; is of the opinion that the Commission should have access to Eurofisc, in order to better control, assess and improve the exchange of data among Member States; calls on all Member States to participate in all of Eurofisc’s fields of activity so as to facilitate and accelerate information exchange with judicial and law enforcement authorities such as Europol and OLAF, as recommended by the Court of Auditors; calls on the Member States and the Council to grant the Commission access to these data in order to foster cooperation, strengthen data reliability and fight cross-border crime;

Amendment 68 #

Motion for a resolution
Paragraph 37

37. ~~Is of the opinion~~Believes that investigative journalism plays a key role in fostering the necessary level of transparency in the EU and the Member States~~, and that it must be encouraged and supported by legal mean~~; believes further that investigative journalism must be fostered, encouraged, supported and protected through legislative measures both in the Member States and within the EU;

Amendment 69 #

Motion for a resolution
Paragraph 37

37. Is of the opinion that investigative journalism plays a key role in fostering the necessary level of transparency in the EU and the Member States, and that it must be encouraged and supported by legal and financial (through an intermediary organization) means both in the Member States and within the EU;

Amendment 7 #

Julia PITERA

Motion for a resolution
Recital H

H. whereas the current VAT system, in particular as applied to cross-border transactions, is vulnerable to fraud and tax- ~~avoidance~~evasion strategies, in which Missing Trader Intra-Community (MTIC) fraud, commonly called carousel fraud, alone was responsible for VAT revenue losses of approximately EUR 50 billion in 2015;

Amendment 70 #

Motion for a resolution
Paragraph 37

37. Is of the opinion that investigative journalism plays a key role in fostering the necessary level of transparency in the EU and the Member States, and that it must be encouraged and supported by legal means both in the Member States and within the EU; calls for substantial legal protection for investigative journalists in line with that provided for whistleblowers;

Amendment 71 #

Motion for a resolution
Paragraph 38

38. Recalls the Commission’s decision not to renew the PMI agreement, which expired on 9 July 2016; recalls that it asked the Commission on 9 March 2016 not to renew, extend or renegotiate the PMI agreement beyond its expiry date; believes that the three other agreements (BAT, JTI, ITL) should ~~not be renewed~~be terminated with the effect of 20 May 2019; calls on the Commission to present a report by the end of 2018 presenting the feasibility of stopping the 3 remaining agreements;

Amendment 72 #

Motion for a resolution
Paragraph 45

45. Deplores the fact that despite numerous OLAF recommendations and investigations the prosecution rate is only 30% in the Member States and the judicial authorities of some Member States do not regard OLAF’s recommendations on the misspending of EU money as a priority and even OLAF does not follow up its recommendations properly; calls on the Commission to establish rules on the follow up of OLAF recommendations;

Amendment 73 #

Motion for a resolution
Paragraph 45 a (new)

45a. Deplores that around 50% of OLAF cases are dismissed by national judicial authorities; calls on the Member States, the Commission and OLAF to lay down conditions for the admissibility of evidence provided by OLAF; calls on OLAF to improve the quality of its final reports and in order to augment their usefulness for national authorities;

Amendment 74 #

Motion for a resolution
Paragraph 45 b (new)

45b. Calls on OLAF to apply a more realistic approach to its recovery recommendations and to include as well the amounts which were actually recovered;

Amendment 75 #

Motion for a resolution
Paragraph 45 c (new)

45c. Recalls that the OLAF regulation gives an important role to the Director General in complaints procedures about investigations; recalls that the direct participation of the Director General in OLAF investigations undermines his role and thus the regulation;

Amendment 76 #

Motion for a resolution
Paragraph 45 a (new)

45a. Deplores the fact that secrecy of OLAF judicial recommendations often impedes to hold accountable Member States authorities and EU institutions;

Amendment 77 #

Motion for a resolution
Paragraph 45 b (new)

45b. Calls on the Commission that at the revision of Regulation (EU, Euratom) No. 883/2013 of the European Parliament and of the Council to create a proper balance of competences between EPPO and OLAF; to strengthen the procedural guarantees, to clarify and strengthen investigative powers of OLAF and establish a certain level of transparency of OLAF recommendations and reports and to clarify the rules on cooperation and access to data between OLAF and its Supervisory Committee;

Amendment 8 #

Motion for a resolution
Recital H a (new)

Ha. whereas corruption affects all Member States, particularly in form of organised crime and burdens not only the EU economy, but undermines democracy and rule of law all across Europe; however the exact figures are unknown as Commission has decided not to publish data in the report on the EU's anti- corruption policy;

Amendment 9 #

Motion for a resolution
Recital H b (new)

Hb. whereas fraud is an example of purposeful wrongdoing and is a criminal offence, while an irregularity is a failure to comply with the rules;

source: 616.654

2018/02/02 LIBE 29 amendments...

Amendment 1 #

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON

Draft opinion
Paragraph 1

1. Welcomes the agreement reached in November 2016 between Parliament and the Council, after four years of negotiations, on the proposal for a Directive on the fight against fraud to the EU’s financial interests by means of criminal law (the PIF Directive), which includes cross-border VAT fraud involving total damages of at least EUR 10 million; recalls, however, that this threshold will be subject to Commission assessment by 6 July 2022; calls on the Member States to adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive as soon as possible;

Amendment 10 #

Draft opinion
Paragraph 3

Amendment 11 #

Raymond FINCH

Draft opinion
Paragraph 3

Amendment 12 #

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON

Draft opinion
Paragraph 3

3. Calls on the participating Member States and the Commission to begin the preparatory work to launch the EPPO as soon as possible and to keep Parliament closely associated with the procedures, in particular the appointment of the Chief Prosecutor; calls on the Commission to designate the interim Administrative Director of the EPPO as soon as possible in line with Article 20 of the EPPO Regulation; insists that proper staff and resources should be allocated to the EPPO even before its official entry into force; reiterates that the EPPO must be independent;

Amendment 13 #

Draft opinion
Paragraph 3 a (new)

3 a. Highlights the role of whistle- blowers and investigative journalists in fraud prevention, detection and investigation; therefore urges the Commission to stop disregarding Parliament's calls and to submit as a matter of urgency a horizontal legislative proposal to ensure their effective protection;

Amendment 14 #

Draft opinion
Paragraph 4

Amendment 15 #

Draft opinion
Paragraph 4

4. Calls for effective cooperation among EPPO, OLAF and Eurojust; recalls the pending negotiations on the Eurojust Regulation; stresses that the respective competences of Eurojust and EPPO need to be clearly defined; emphasises that in order for the fight against fraud to be truly effective at an EU level, the new EPPO, Eurojust and OLAF will need to work seamlessly with one another both in policy and operational terms; reiterates, in that respect, that working arrangements between the three bodies should be drawn up and adopted as soon as possible in accordance with Articles 99 – 101 of Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office;

Amendment 16 #

Draft opinion
Paragraph 4

4. Calls for effective cooperation among EPPO, OLAF and Eurojust; recalls the pending negotiations on the Eurojust Regulation; stresses that the respective competences of Eurojust, OLAF and EPPO need to be clearly defined; insists that the EPPO should have the power to settle conflicts of competence on cases relevant to the performance of its tasks;

Amendment 17 #

Draft opinion
Paragraph 4

4. Calls for effective cooperation among EPPO, OLAF and Eurojust; recalls the pending negotiations on the Eurojust Regulation; stresses that the respective competences of Eurojust ~~and EPPO~~ need to be clearly defined for avoiding and overlapping EPPO tasks; encourages EPPO, Eurojust and OLAF to cooperate, exchange information and fight against fraud;

Amendment 18 #

Draft opinion
Paragraph 4

4. Calls for effective cooperation among Member States, EPPO, OLAF and Eurojust; recalls the pending negotiations on the Eurojust Regulation; stresses that the respective competences of Eurojust and EPPO need to be clearly defined removing obstacles preventing information exchange whilst respecting the relevant data protection rules;

Amendment 19 #

Draft opinion
Paragraph 4

Amendment 2 #

Draft opinion
Paragraph 1

Amendment 20 #

Raymond FINCH

Draft opinion
Paragraph 4

4. Calls for effective cooperation among ~~EPPO,~~ OLAF and Eurojust; recalls the pending negotiations on the Eurojust Regulation; stresses that the respective competences of Eurojust ~~and EPPO~~ need to be clearly defined;

Amendment 21 #

Draft opinion
Paragraph 4 a (new)

4 a. Stresses that the protection of whistle-blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a ulture of public accountability and integrity in both public and private institutions;

Amendment 22 #

Draft opinion
Paragraph 4 b (new)

4 b. Encourages both the European Commission and Member State to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;

Amendment 23 #

Draft opinion
Paragraph 6

6. Is concerned about the increase in VAT-related fraud, in particular so-called carousel fraud; welcomes the Commission's proposal for a Council Directive which would allow the application of a generalized reverse charge mechanism (GRCM) by Member States under certain strict conditions; urges the Commission to shortly make a proposal aimed at providing a VAT simplification package and a reduction of compliance costs for SMEs to create an environment that is leading to their growth and is favorable to cross-border trade; calls on the Commission to provide a comprehensive, long-term and EU-wide solution to the problem of VAT fraud; calls on all Member States to participate in all of EUROFISC’s fields of activity so as to facilitate the exchange of information to help combat this kind of fraud.

Amendment 24 #

Draft opinion
Paragraph 6

6. Is concerned about the increase in VAT-related fraud, in particular so-called carousel fraud; calls on all Member States to participate in all of EUROFISC’s fields of activity so as to facilitate the exchange of information and coordinate policies to help combat this kind of fraud; considers that setting up national risk-analysis tools might help improve the efficiency of these exchanges of information.

Amendment 25 #

Draft opinion
Paragraph 6

6. Is concerned about the increase in VAT-related fraud, in particular so-called carousel fraud; calls on all Member States to participate in all of EUROFISC’s fields of activity so as to facilitate the exchange of information to help combat this kind of fraud , which are prejudicial to the national and European budget.

Amendment 26 #

Draft opinion
Paragraph 6 a (new)

6 a. Underlines the relevant role of whistle-blowers in the detection and notification of fraud, evasion and tax avoidance as well as in preventing, detecting and reporting irregularities in respect of the expenditures relating to the EU budget and in the protection of the financial interests of the Union; calls on the European Commission to establish a legal framework at Union level regarding the protection of whistle-blowers in the terms expressed in its resolution of 24 October 2017 on legitimate measures to protect whistle-blowers and its resolution of 14 February 2017 on the role of whistle-blowers in the protection of EU’s financial interests.

Amendment 27 #

Draft opinion
Paragraph 6 a (new)

6 a. Calls on the Commission to publish an annual public report on the use of EU funds as well as European Investment Bank (EIB) and European Bank for Reconstruction and Development(EBRD) money transfers to offshore structures, including the number and nature of projects blocked, explanatory comments on the rationale for blocking projects and follow-up actions taken to ensure that no EU funds directly or indirectly contribute to damaging the EU’s financial interests;

Amendment 28 #

Draft opinion
Paragraph 6 b (new)

6 b. Highlights the essential role performed by whistleblowers in shedding light on vital information in the public interest and in uncovering acts of fraud against the Union’s financial interests;

Amendment 29 #

Auke ZIJLSTRA, Nicolas BAY, Gilles LEBRETON

Draft opinion
Paragraph 6 c (new)

6 c. Welcomes the open public consultation carried out by the Commission between March and May 2017 to collect views on the issue of whistleblower protection at the national and EU level; urges the European Commission to propose a directive on the protection of whistleblowers as soon as possible, as recommended several times by the European Parliament;

Amendment 3 #

Raymond FINCH

Draft opinion
Paragraph 2

2. Welcomes the progress made in the Council in 2016 on the establishment of the European Public Prosecutor’s Office (EPPO), which led to the agreement between 20 Member States on the basis of the enhanced cooperation procedure provided for in Article 86 of the Treaty on the Functioning of the European Union; hopes that all Member States will eventually participate in this initiative; recalls that the role of the EPPO will be to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the EU’s financial interests, as defined in the PIF Directive;deleted

Amendment 4 #

Draft opinion
Paragraph 2

2. ~~Welcom~~Deplores the progress made in the Council in 2016 on the establishment of the European Public Prosecutor’s Office (EPPO), which led to the agreement between 20 Member States on the basis of the enhanced cooperation procedure provided for in Article 86 of the Treaty on the Functioning of the European Union; hopes that all Member States will eventually participate in this initiative; recalls that the role of the EPPO will be to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the EU’s financial interests, as defined in the PIF Directive;

Amendment 5 #

Draft opinion
Paragraph 2

Amendment 6 #

Draft opinion
Paragraph 2

2. Welcomes the ~~progress made in the Council in 2016 on the~~adoption and the entry into force of the Regulation 2017/1939 establish~~ment of~~ing the European Public Prosecutor’s Office (EPPO) in 2017 and the progress made in the Council, which led to the agreement between 20 Member States on the basis of the enhanced cooperation procedure provided for in Article 86 of the Treaty on the Functioning of the European Union; ~~hopes that~~encourages all Member States ~~will eventually~~to participate in this initiative; recalls that the role of the EPPO will be to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the EU’s financial interests, as defined in the PIF Directive;

Amendment 7 #

Draft opinion
Paragraph 2

2. Welcomes the progress made in the Council in 2016 on the establishment of the European Public Prosecutor’s Office (EPPO), which led to the agreement between 20 Member States on the basis of the enhanced cooperation procedure provided for in Article 86 of the Treaty on the Functioning of the European Union; ~~hopes that all Member States will eventually participate in this initiativ~~calls on all remaining Member States to participate in the EPPO as soon as possible; recalls that the role of the EPPO will be to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the EU’s financial interests, as defined in the PIF Directive;

Amendment 8 #

Draft opinion
Paragraph 2 a (new)

2 a. Welcomes the adoption of the Directive (EU) 2017/1371 on the fight against fraud to the Union's financial interests by means of criminal law that establishes minimum rules relating to the definition of criminal offences and sanctions in the area of fraud affecting the Union's financial interests;

Amendment 9 #