BETA


2018/2006(INI) Protection of the EU’s financial interests - Recovery of money and assets from third-countries in fraud cases

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead CONT IVAN Cătălin Sorin (icon: S&D S&D) PITERA Julia (icon: PPE PPE), ALI Nedzhmi (icon: ALDE ALDE)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2018/10/25
   EP - Results of vote in Parliament
2018/10/25
   EP - Debate in Parliament
2018/10/25
   EP - Decision by Parliament
Details

The European Parliament adopted by 502 votes to 70, with 45 abstentions, a resolution on the protection of the EU’s financial interests - recovery of money and assets from third countries in fraud cases.

Members stressed that the protection of the EU’s financial interests should be a key element of EU policy aimed at increasing the confidence of citizens by ensuring that their money is used properly and effectively. However, the diversity of legal and administrative systems in the Member States presents a challenging environment for combating fraud given the absence of uniform legislation at European level to combat organised crime.

EU funds lost owing to cases of fraud : faced with the ongoing problem of EU funds lost owing to cases of fraud involving funds being transferred to third countries, Parliament stressed the need, for the purposes of prevention, to avoid transfers of funds through financial intermediaries operating in non-transparent and uncooperative jurisdictions.

They also stressed the need to link the disbursement of funds to the publication of beneficial ownership data , in order to facilitate the recovery of assets in the event of fraud.

It is also possible that funds from third countries may also be fraudulently transferred to the EU . Parliament underlined that the outcome of the EU-funded Preparatory Action for Supporting Arab Spring countries to implement asset recovery carried out by the United Nations Interregional Crime and Justice Research Institute (UNICRI) should lead to a permanent and broader EU programme to implement asset recovery.

Mutual agreements : the resolution underlined that the EU has, unfortunately, so far only concluded agreements on mutual legal assistance with a few third countries, such as Japan, the US, Norway and Liechtenstein, despite the fact that it is suspected that funds are also transferred to other jurisdictions. The Commission is called on to encourage efforts to reach agreements with third countries receiving EU funding.

It is regrettable that many Member States currently have to rely on bilateral agreements and that there is no EU approach to this serious issue. Therefore, Members stressed the need for a more unified approach.

Against this background, the Commission is called on to:

harden its stance in agreements signed with third countries by adding anti-fraud clauses; calculate the amount of EU funds lost; undertake a risk assessment of EU laws that facilitate illegal money transfer outside of the EU, and remove the sensitive points in those laws; establish a standardised data collection method , which would be identical for all Member States, to enable detection of the transfer of fraudulent assets to third countries, with the aim of creating a central EU database as soon as possible.

The EU is called on to advance with its application for membership of the Council of Europe Group of States against Corruption (GRECO) as rapidly as possible, and to keep Parliament updated on the matter.

Members welcomed the successful conclusion of negotiations on the proposal for a regulation on the mutual recognition of freezing and confiscation orders, of which its main elements could form a useful basis for cooperation with third countries in the context of international conventions and bilateral agreements to which the EU is party.

Lastly, Members regretted the fact that not all EU Member States have agreed to be part of the European Public Prosecutor’s Office (EPPO). They stressed the importance of the EPPO becoming the key player in any future mechanism for recovery in third countries, and that this requires that it be recognised for this purpose as a competent authority, in existing and future agreements on mutual legal assistance and asset recovery.

Documents
2018/10/25
   EP - End of procedure in Parliament
2018/10/02
   EP - Committee report tabled for plenary
Details

The Committee on Budgetary Control adopted the own-initiative report by Cătălin Sorin IVAN (S&D, RO) on protection of the EU’s financial interests - recovery of money and assets from third countries in fraud cases.

The report stressed that the protection of the EU’s financial interests should be a key element of EU policy aimed at increasing the confidence of citizens by ensuring that their money is used properly and effectively. However, the diversity of legal and administrative systems in the Member States presents a challenging environment for combating fraud given the absence of uniform legislation at European level to combat organised crime.

There is an ongoing problem of EU funds lost owing to cases of fraud involving funds being transferred to third countries. Members stressed the need, for the purposes of prevention, to avoid transfers of funds through financial intermediaries operating in non-transparent and uncooperative jurisdictions.

They also stressed the need to link the disbursement of funds to the publication of beneficial ownership data , in order to facilitate the recovery of assets in the event of fraud.

Mutual agreements : the report underlined that the EU has, unfortunately, so far only concluded agreements on mutual legal assistance with a few third countries, such as Japan, the US, Norway and Liechtenstein, despite the fact that it is suspected that funds are also transferred to other jurisdictions. The Commission is called on to encourage efforts to reach agreements with third countries receiving EU funding.

It is regrettable that many Member States currently have to rely on bilateral agreements and that there is no EU approach to this serious issue. Therefore, Members stressed the need for a more unified approach .

Against this background, the Commission is called on to:

harden its stance in agreements signed with third countries by adding anti-fraud clauses; calculate the amount of EU funds lost; undertake a risk assessment of EU laws that facilitate illegal money transfer outside of the EU, and remove the sensitive points in those laws; establish a standardised data collection method , which would be identical for all Member States, to enable detection of the transfer of fraudulent assets to third countries, with the aim of creating a central EU database as soon as possible.

The EU is called on to advance with its application for membership of the Council of Europe Group of States against Corruption (GRECO) as rapidly as possible, and to keep Parliament updated on the matter.

Lastly, Members regretted the fact that not all EU Member States have agreed to be part of the European Public Prosecutor’s Office ( EPPO ). They stressed the importance of the EPPO becoming the key player in any future mechanism for recovery in third countries, and that this requires that it be recognised for this purpose as a competent authority, in existing and future agreements on mutual legal assistance and asset recovery.

Documents
2018/09/27
   EP - Vote in committee
2018/09/05
   EP - Amendments tabled in committee
Documents
2018/07/12
   EP - Committee draft report
Documents
2018/01/18
   EP - Committee referral announced in Parliament
2018/01/17
   EP - IVAN Cătălin Sorin (S&D) appointed as rapporteur in CONT

Documents

Votes

A8-0298/2018 - Cătălin Sorin Ivan - Vote unique 25/10/2018 12:09:00.000 #

2018/10/25 Outcome: +: 502, -: 70, 0: 45
DE FR ES IT RO AT BE SE CZ EL BG PT NL FI SK LT LV IE HR SI LU EE HU MT GB CY PL ?? DK
Total
82
68
44
53
26
18
19
19
17
16
14
17
22
11
12
9
7
7
9
7
6
6
13
6
55
4
43
2
4
icon: PPE PPE
173

Finland PPE

2

Lithuania PPE

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

United Kingdom PPE

2

Cyprus PPE

1
icon: S&D S&D
161

Czechia S&D

3

Netherlands S&D

3

Latvia S&D

1

Ireland S&D

For (1)

1

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Cyprus S&D

1

Denmark S&D

1
icon: ALDE ALDE
57

Germany ALDE

3

Romania ALDE

3

Austria ALDE

For (1)

1

Sweden ALDE

2

Bulgaria ALDE

3

Portugal ALDE

1
3

Latvia ALDE

1

Ireland ALDE

For (1)

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
45

Italy Verts/ALE

For (1)

1

Austria Verts/ALE

3

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Hungary Verts/ALE

For (1)

1

United Kingdom Verts/ALE

4

Denmark Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
38

Italy GUE/NGL

2

Sweden GUE/NGL

For (1)

1

Czechia GUE/NGL

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

2

Finland GUE/NGL

For (1)

1

Ireland GUE/NGL

1

Cyprus GUE/NGL

2
icon: EFDD EFDD
35

Germany EFDD

Abstain (1)

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1

Poland EFDD

1
icon: NI NI
17

Germany NI

For (1)

1

France NI

Against (1)

1

Romania NI

1

Hungary NI

For (1)

1

United Kingdom NI

3

Denmark NI

1
icon: ENF ENF
31

Germany ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

4

Poland ENF

Against (1)

1
icon: ECR ECR
59

Italy ECR

Against (1)

Abstain (1)

2

Romania ECR

For (1)

1

Sweden ECR

2

Czechia ECR

2

Greece ECR

For (1)

1

Bulgaria ECR

Against (1)

1

Netherlands ECR

2

Finland ECR

Against (1)

2

Slovakia ECR

Against (1)

Abstain (1)

3

Lithuania ECR

Against (1)

1

Croatia ECR

Against (1)

1

Denmark ECR

Against (1)

1

A8-0298/2018 - Cătălin Sorin Ivan - Vote unique #

2018/10/25 Outcome: +: 502, -: 70, 0: 45
DE FR ES IT RO AT BE SE CZ EL BG PT NL FI SK LT LV IE HR SI LU EE HU MT GB CY PL ?? DK
Total
82
67
44
53
26
18
19
19
17
16
14
17
22
11
12
9
7
7
9
7
6
6
13
6
55
4
43
2
4
icon: PPE PPE
173

Finland PPE

2

Lithuania PPE

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

United Kingdom PPE

2

Cyprus PPE

1
icon: S&D S&D
160

Czechia S&D

3

Netherlands S&D

3

Latvia S&D

1

Ireland S&D

For (1)

1

Croatia S&D

2

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Cyprus S&D

1

Denmark S&D

1
icon: ALDE ALDE
58

Germany ALDE

3

Romania ALDE

3

Austria ALDE

For (1)

1

Sweden ALDE

2

Bulgaria ALDE

3

Portugal ALDE

1
3

Latvia ALDE

1

Ireland ALDE

For (1)

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3

United Kingdom ALDE

1
icon: Verts/ALE Verts/ALE
45

Italy Verts/ALE

For (1)

1

Austria Verts/ALE

3

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Hungary Verts/ALE

For (1)

1

United Kingdom Verts/ALE

4

Denmark Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
38

Italy GUE/NGL

2

Sweden GUE/NGL

For (1)

1

Czechia GUE/NGL

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

2

Finland GUE/NGL

For (1)

1

Ireland GUE/NGL

1

Cyprus GUE/NGL

2
icon: EFDD EFDD
35

Germany EFDD

Abstain (1)

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1

Poland EFDD

1
icon: NI NI
17

Germany NI

For (1)

1

France NI

Against (1)

1

Romania NI

1

Hungary NI

For (1)

1

United Kingdom NI

3

Denmark NI

1
icon: ENF ENF
30

Germany ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

4

Poland ENF

Against (1)

1
icon: ECR ECR
59

Italy ECR

Against (1)

Abstain (1)

2

Romania ECR

For (1)

1

Sweden ECR

2

Czechia ECR

2

Greece ECR

For (1)

1

Bulgaria ECR

Against (1)

1

Netherlands ECR

2

Finland ECR

Against (1)

2

Slovakia ECR

Against (1)

Abstain (1)

3

Lithuania ECR

Against (1)

1

Croatia ECR

Against (1)

1

Denmark ECR

Against (1)

1
AmendmentsDossier
30 2018/2006(INI)
2018/09/05 CONT 30 amendments...
source: 627.629

History

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

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  • date: 2018-09-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.629 title: PE627.629 type: Amendments tabled in committee body: EP
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  • date: 2018-01-18T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
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  • date: 2018-10-02T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0298&language=EN title: A8-0298/2018 summary: The Committee on Budgetary Control adopted the own-initiative report by Cătălin Sorin IVAN (S&D, RO) on protection of the EU’s financial interests - recovery of money and assets from third countries in fraud cases. The report stressed that the protection of the EU’s financial interests should be a key element of EU policy aimed at increasing the confidence of citizens by ensuring that their money is used properly and effectively. However, the diversity of legal and administrative systems in the Member States presents a challenging environment for combating fraud given the absence of uniform legislation at European level to combat organised crime. There is an ongoing problem of EU funds lost owing to cases of fraud involving funds being transferred to third countries. Members stressed the need, for the purposes of prevention, to avoid transfers of funds through financial intermediaries operating in non-transparent and uncooperative jurisdictions. They also stressed the need to link the disbursement of funds to the publication of beneficial ownership data , in order to facilitate the recovery of assets in the event of fraud. Mutual agreements : the report underlined that the EU has, unfortunately, so far only concluded agreements on mutual legal assistance with a few third countries, such as Japan, the US, Norway and Liechtenstein, despite the fact that it is suspected that funds are also transferred to other jurisdictions. The Commission is called on to encourage efforts to reach agreements with third countries receiving EU funding. It is regrettable that many Member States currently have to rely on bilateral agreements and that there is no EU approach to this serious issue. Therefore, Members stressed the need for a more unified approach . Against this background, the Commission is called on to: harden its stance in agreements signed with third countries by adding anti-fraud clauses; calculate the amount of EU funds lost; undertake a risk assessment of EU laws that facilitate illegal money transfer outside of the EU, and remove the sensitive points in those laws; establish a standardised data collection method , which would be identical for all Member States, to enable detection of the transfer of fraudulent assets to third countries, with the aim of creating a central EU database as soon as possible. The EU is called on to advance with its application for membership of the Council of Europe Group of States against Corruption (GRECO) as rapidly as possible, and to keep Parliament updated on the matter. Lastly, Members regretted the fact that not all EU Member States have agreed to be part of the European Public Prosecutor’s Office ( EPPO ). They stressed the importance of the EPPO becoming the key player in any future mechanism for recovery in third countries, and that this requires that it be recognised for this purpose as a competent authority, in existing and future agreements on mutual legal assistance and asset recovery.
  • date: 2018-10-25T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20181025&type=CRE title: Debate in Parliament
  • date: 2018-10-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0419 title: T8-0419/2018 summary: The European Parliament adopted by 502 votes to 70, with 45 abstentions, a resolution on the protection of the EU’s financial interests - recovery of money and assets from third countries in fraud cases. Members stressed that the protection of the EU’s financial interests should be a key element of EU policy aimed at increasing the confidence of citizens by ensuring that their money is used properly and effectively. However, the diversity of legal and administrative systems in the Member States presents a challenging environment for combating fraud given the absence of uniform legislation at European level to combat organised crime. EU funds lost owing to cases of fraud : faced with the ongoing problem of EU funds lost owing to cases of fraud involving funds being transferred to third countries, Parliament stressed the need, for the purposes of prevention, to avoid transfers of funds through financial intermediaries operating in non-transparent and uncooperative jurisdictions. They also stressed the need to link the disbursement of funds to the publication of beneficial ownership data , in order to facilitate the recovery of assets in the event of fraud. It is also possible that funds from third countries may also be fraudulently transferred to the EU . Parliament underlined that the outcome of the EU-funded Preparatory Action for Supporting Arab Spring countries to implement asset recovery carried out by the United Nations Interregional Crime and Justice Research Institute (UNICRI) should lead to a permanent and broader EU programme to implement asset recovery. Mutual agreements : the resolution underlined that the EU has, unfortunately, so far only concluded agreements on mutual legal assistance with a few third countries, such as Japan, the US, Norway and Liechtenstein, despite the fact that it is suspected that funds are also transferred to other jurisdictions. The Commission is called on to encourage efforts to reach agreements with third countries receiving EU funding. It is regrettable that many Member States currently have to rely on bilateral agreements and that there is no EU approach to this serious issue. Therefore, Members stressed the need for a more unified approach. Against this background, the Commission is called on to: harden its stance in agreements signed with third countries by adding anti-fraud clauses; calculate the amount of EU funds lost; undertake a risk assessment of EU laws that facilitate illegal money transfer outside of the EU, and remove the sensitive points in those laws; establish a standardised data collection method , which would be identical for all Member States, to enable detection of the transfer of fraudulent assets to third countries, with the aim of creating a central EU database as soon as possible. The EU is called on to advance with its application for membership of the Council of Europe Group of States against Corruption (GRECO) as rapidly as possible, and to keep Parliament updated on the matter. Members welcomed the successful conclusion of negotiations on the proposal for a regulation on the mutual recognition of freezing and confiscation orders, of which its main elements could form a useful basis for cooperation with third countries in the context of international conventions and bilateral agreements to which the EU is party. Lastly, Members regretted the fact that not all EU Member States have agreed to be part of the European Public Prosecutor’s Office (EPPO). They stressed the importance of the EPPO becoming the key player in any future mechanism for recovery in third countries, and that this requires that it be recognised for this purpose as a competent authority, in existing and future agreements on mutual legal assistance and asset recovery.
  • date: 2018-10-25T00:00:00 type: End of procedure in Parliament body: EP
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dg
commissioner
MALMSTRÖM Cecilia
procedure/dossier_of_the_committee
CONT/8/12077
procedure/legal_basis/0
Old
Rules of Procedure of the European Parliament EP 052
New
Rules of Procedure EP 52
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
    committees
    • body: EP responsible: True committee: CONT date: 2018-01-17T00:00:00 committee_full: Budgetary Control rapporteur: group: S&D name: IVAN Cătălin Sorin
    links
    other
      procedure
      reference
      2018/2006(INI)
      title
      Protection of the EU’s financial interests - Recovery of money and assets from third-countries in fraud cases
      legal_basis
      Rules of Procedure of the European Parliament EP 052
      stage_reached
      Preparatory phase in Parliament
      subtype
      Initiative
      type
      INI - Own-initiative procedure
      subject
      8.70.04 Protecting financial interests of the EU against fraud