Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | IVAN Cătălin Sorin ( S&D) | PITERA Julia ( PPE), ALI Nedzhmi ( ALDE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
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.
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
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T8-0419/2018
- Committee report tabled for plenary: A8-0298/2018
- Amendments tabled in committee: PE627.629
- Committee draft report: PE618.147
- Committee draft report: PE618.147
- Amendments tabled in committee: PE627.629
Activities
Votes
A8-0298/2018 - Cătălin Sorin Ivan - Vote unique 25/10/2018 12:09:00.000 #
A8-0298/2018 - Cătălin Sorin Ivan - Vote unique #
Amendments | Dossier |
30 |
2018/2006(INI)
2018/09/05
CONT
30 amendments...
Amendment 1 #
Motion for a resolution Citation 1 – having regard to the Eighteenth report of the European Anti-Fraud Office (OLAF) on the year 2017,
Amendment 10 #
Motion for a resolution Recital H H. whereas Article 3(4)
Amendment 11 #
Motion for a resolution Recital I I. whereas at regional and global level several
Amendment 12 #
Motion for a resolution Recital J a (new) Amendment 13 #
Motion for a resolution Recital K K. whereas in accordance with Article 14 of the Parliament and the Council Regulation 883/2013, the European Anti- Fraud Office
Amendment 14 #
Motion for a resolution Paragraph 1 1. Highlights the ongoing problem of EU funds lost owing to fraudulent cases in which funds are transferred to third countries;
Amendment 15 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses the need, for the purposes of prevention, to avoid transfers of funds through financial intermediaries operating in non-transparent and uncooperative jurisdictions;
Amendment 16 #
Motion for a resolution Paragraph 2 2. Highlights with concern that funds from third countries may also be fraudulently transferred to the EU; underlines that the results of the preparatory action implemented by UNICRI on ‘Support to EU Neighbours to Implement Asset Recovery’ should lead to a broader and permanent EU programme to implement asset recovery;
Amendment 17 #
Motion for a resolution Paragraph 2 2. Highlights that funds from third countries may also be fraudulently transferred to the EU; underlines that the
Amendment 18 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses 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;
Amendment 19 #
Motion for a resolution Paragraph 3 3. Underlines that the EU has unfortunately only concluded agreements on mutual legal assistance with a few third countries so far, such as Japan, the United States, Norway and Lichtenstein, despite the fact that it is suspected that funds are also transferred to other jurisdictions;
Amendment 2 #
Motion for a resolution Citation 5 – having regard to the Commission report of
Amendment 20 #
Motion for a resolution Paragraph 3 3. Underlines that the EU has only concluded agreements on mutual legal assistance with a few third countries so far, such as Japan, the United States, Norway and Lichtenstein, despite the fact that it is suspected that funds are also transferred to other jurisdictions and calls on the Commission to encourage efforts to reach agreements with third countries receiving EU funding;
Amendment 21 #
Motion for a resolution Paragraph 4 4. Regrets the fact that many Member States must currently rely on bilateral agreements and that there is no EU approach to this serious issue;
Amendment 22 #
Motion for a resolution Paragraph 5 5.
Amendment 23 #
Motion for a resolution Paragraph 5 5.
Amendment 24 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to
Amendment 25 #
Motion for a resolution Paragraph 7 7. Invites the Commission to assess the risk and
Amendment 26 #
Motion for a resolution Paragraph 8 8. Calls on the Commission finally to establish a standardised data collection method to enable detection of the transfer of fraudulent assets to third countries, which would be identical for all Member States, with the aim of creating a central EU database in the future; underlines that such a mechanism exists to combat money laundering, and that this mechanism could be expanded;
Amendment 27 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish a standardised data collection method to enable detection of the transfer of fraudulent assets to third countries, which would be identical for all Member States, with the aim of creating a central EU database
Amendment 28 #
Motion for a resolution Paragraph 9 9.
Amendment 29 #
Motion for a resolution Paragraph 9 9. Highlights the need to create mechanisms allowing the swift and effective freezing of assets in third countries when they have been acquired by breaching EU law, inspired by the existing EU directives on mutual recognition and recovery;
Amendment 3 #
Motion for a resolution Citation 9 Amendment 30 #
Motion for a resolution Paragraph 10 10. Regrets the fact that not all EU Member States have agreed to be part of the European Public Prosecutor’s Office (EPPO); stresses the importance of the EPPO becoming the key element of any future mechanism of recovery in third countries, requiring that it be recognised for that purpose as a competent
Amendment 4 #
Motion for a resolution Citation 12 Amendment 5 #
Motion for a resolution Recital B B. whereas the diversity of legal and administrative systems in the Member States presents a challenging environment in which to combat fraud in the absence of uniform legislation at European level to combat organised crime;
Amendment 6 #
Motion for a resolution Recital D D. whereas Directive 2014/42/EU of the European Parliament and of the
Amendment 7 #
Motion for a resolution Recital E E. whereas the Commission proposal 2016/0412 (COD) of 21 December 2016 for a regulation on the mutual recognition of freezing and confiscation orders introduces standardised means of cooperation among Member States;
Amendment 8 #
Motion for a resolution Recital F Amendment 9 #
Motion for a resolution Recital G G. whereas Council Regulation (EU) 2017/1939 o
source: 627.629
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