2021/2071(INI) | [ParlTrack]

Motion for a resolution
Recital A

A. whereas the Regulation entered into force on 1 January 2021 and has been binding in its entirety and directly applicable in all Member States since that date to all payments made since the entry into force of the Regulation;

Amendment 100 #

Pierre KARLESKIND, Moritz KÖRNER, Katalin CSEH, Olivier CHASTEL, Nils TORVALDS, Valérie HAYER, Pascal DURAND, Fabienne KELLER, Ramona STRUGARIU, Daniel FREUND, Vlad GHEORGHE, Alin MITUȚA

Motion for a resolution
Paragraph 15 c (new)

15 c. Believes that transparency implies, in particular: - disclosing the sources used by the Commission to trigger the Mechanism, - disclosing the content of the written notifications sent to the Members States, - disclosing the answers received from the Member States and the remedies proposed, - disclosing the Commission’s assessment leading to the potential lifting of adopted measures under the Mechanism, - keeping the European Parliament informed and involved at every step of the process to ensure the democratic scrutiny of the Mechanism and of EU funds;

Amendment 101 #

Hélène LAPORTE, Joachim KUHS, Jörg MEUTHEN, Jean-François JALKH

Motion for a resolution
Paragraph 16

16. Recalls that measures taken under the Regulation should be proportionate, in the light of the actual or potential impact on the sound financial management of the Union budget or the financial interests of the Union, taking into account the nature, duration, gravity and scope of the breaches of the principles of the rule of law; ~~considers that, in general, the seriousness of that impact will reflect the seriousness of the breache~~underlines the need to take into account the degree of cooperation of the Member State concerned, or its refusal to cooperate sincerely with the Commission in the context of the procedures pursuant to the Regulation, or a possible persistence or repetition of similar breaches, despite earlier recommendations or proposals made by the EU institutions;

Amendment 102 #

Motion for a resolution
Paragraph 16 a (new)

16 a. Recalls that the appeal lodged with the Court of Justice of the European Union by Poland and Hungary on 11 December 2020 is defacto suspensive;

Amendment 103 #

Hélène LAPORTE, Joachim KUHS, Matteo ADINOLFI, Anna BONFRISCO, Jörg MEUTHEN, Jean-François JALKH

Motion for a resolution
Paragraph 16 b (new)

16 b. Welcomes the Commission's respect for the legal situation, as it wishes to wait for the decision of the Court of Justice of the European Union, whereas Parliament is calling for the immediate activation of the new mechanism;

Amendment 104 #

Motion for a resolution
Subheading 4

FProtection of final recipients and beneficiaries

Amendment 105 #

Fabienne KELLER, Pierre KARLESKIND, Moritz KÖRNER, Nicolae ŞTEFĂNUȚĂ, Alin MITUȚA, Valérie HAYER, Mauri PEKKARINEN, Olivier CHASTEL

Motion for a resolution
Paragraph 16 a (new)

16 a. Recalls that under the Regulation, it is essential that the legitimate interest of final recipients and beneficiaries are properly safeguarded;

Amendment 106 #

Motion for a resolution
Paragraph 17

17. Recalls that, unless the decision adopting the measures states otherwise, the imposition of appropriate measures under the Regulation does not affect the obligations of Member States towards legitimate final recipients or beneficiaries, including the obligation to make payments;

Amendment 107 #

Motion for a resolution
Paragraph 17

17. Recalls that~~, unless the decision adopting the measures states otherwise,~~ the imposition of appropriate measures under the Regulation does not affect the obligations of Member States towards legitimate interests of final recipients or beneficiaries, including the obligation to make payments;

Amendment 108 #

Motion for a resolution
Paragraph 17 a (new)

17 a. Emphasises that in cases such as severe corruption, nepotism, systemic fraud, and conflicts of interest, the Commission should evaluate on a case by case basis whether payments to recipients and beneficiaries should not be continued due to the recipients’ involvement in these breaches;

Amendment 109 #

Motion for a resolution
Paragraph 18

18. Calls on the Commission to implement Article 5(4) of the Regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the Commission about any breach of the legal obligation to continue making payments after measures pursuant to this Regulation are adopted, such as a simple and structured complaint form; calls on the Commission to explain how it will implement an efficient and effective compliant mechanism for applicants, recipients and beneficiaries;

Amendment 11 #

Pierre KARLESKIND, Moritz KÖRNER, Katalin CSEH, Olivier CHASTEL, Nils TORVALDS, Valérie HAYER, Pascal DURAND, Nicolae ŞTEFĂNUȚĂ, Fabienne KELLER, Ramona STRUGARIU, Daniel FREUND, Vlad GHEORGHE, Alin MITUȚA

Motion for a resolution
Recital B

B. whereas the Commission decided to abide by the non-binding European Council conclusions of December 2020 and declared that it would develop guidelines for the application of the Regulation;

Amendment 110 #

Motion for a resolution
Paragraph 18

Amendment 111 #

Fabienne KELLER, Pierre KARLESKIND, Moritz KÖRNER, Nicolae ŞTEFĂNUȚĂ, Alin MITUȚA, Valérie HAYER, Mauri PEKKARINEN, Olivier CHASTEL

Motion for a resolution
Paragraph 18 a (new)

18 a. Recalls that the Regulation shall be applied in a manner that ensures the protection of persons reporting on breaches of Union law, in line with the principles set out in Directive (EU) 2019/1937;

Amendment 112 #

Motion for a resolution
Paragraph 18 a (new)

18 a. Reminds the Commission of its duty to do to its utmost to ensure that any amount due is effectively paid to final beneficiaries;

Amendment 113 #

Motion for a resolution
Paragraph 19

19. Stresses that, in shared management, measures under the Regulation cannot be considered to affect the availability of funding for payments to legitimate beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards legitimate final recipients or beneficiaries;

Amendment 114 #

Valérie HAYER, Pierre KARLESKIND, Nicolae ŞTEFĂNUȚĂ, Moritz KÖRNER, Alin MITUȚA, Mauri PEKKARINEN

Motion for a resolution
Paragraph 19

19. Stresses that, in shared management, measures under the Regulation cannot be considered to affect the availability of funding for payments of legitimate claims to beneficiaries; recalls also that Member States concerned by those measures must regularly report to the Commission on compliance with their obligations towards final recipients or beneficiaries;

Amendment 115 #

Daniel FREUND

Motion for a resolution
Paragraph 20

20. Calls on the Commission to analyse all information at its disposal and do its utmost to ensure that any ~~amount due from~~legitimate payment claims to government entities or Member States isare in fact paid to final recipients or beneficiaries, which may entail ~~recovering payments that have been made or~~ making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules; stresses that anyone earmarked for corruption in the early warning system under the Financial Regulation's anti-fraud mechanism, or under investigation by OLAF or EPPO, or more broadly having any direct or indirect ties to the ruling political party, should not be considered to have legitimate claims to receive EU monies until they have been cleared in investigations against them or have cut ties with the political parties;

Amendment 116 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to analyse all information at its disposal and do its utmost to ensure that any amount due from government entities or Member States is in fact paid to final recipients or beneficiaries, which may entail recovering payments that have been made or making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules; asks the Commission to further clarify which other sources of funding could be used by Member States to ensure that they respect their obligations to final recipients or beneficiaries, when EU funds are suspended; asks the Commission to present its view on the management of a suspended EU fund in a concerned Member State;

Amendment 117 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to analyse all information at its disposal, including the use of all digital tracking tools, and do its utmost to ensure that any amount due from government entities or Member States is in fact paid to legitimate final recipients or beneficiaries, which may entail recovering payments that have been made or making financial corrections by reducing Union support to programmes in line with applicable sector- specific and financial rules;

Amendment 12 #

Hélène LAPORTE, Joachim KUHS, Jörg MEUTHEN, Jean-François JALKH

Motion for a resolution
Recital B

B. whereas the Commission declared that it would develop guidelines for the application of the Regulation, following undue pressure by the European Council;

Amendment 13 #

Motion for a resolution
Recital B a (new)

B a. whereas, in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism, Parliament requested the Commission to adopt the guidelines no later than 1 June 2021 and after having consulted Parliament;

Amendment 14 #

Motion for a resolution
Recital B a (new)

B a. whereas the rule of law is historically a concept that has been instrumentalised for three years now by the European institutions, which want to punish Hungary and Poland for not accepting the distribution of migrants after the 2015 crisis;

Amendment 15 #

Fabienne KELLER, Pierre KARLESKIND, Moritz KÖRNER, Nicolae ŞTEFĂNUȚĂ, Alin MITUȚA, Valérie HAYER, Olivier CHASTEL

Motion for a resolution
Paragraph 1

1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied; further stresses that the legislators have not conferred implementing or executive powers to the Commission to precise the application of the Regulation;

Amendment 16 #

Motion for a resolution
Paragraph 1

1. ~~Takes note of~~Regrets the Commission’s intention to develop guidelines for the application of the Regulation; recalls that Parliament has called the guidelines superfluous; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;

Amendment 17 #

Hélène LAPORTE, Joachim KUHS, Matteo ADINOLFI, Anna BONFRISCO, Bogdan RZOŃCA, Jörg MEUTHEN, Jean-François JALKH

Motion for a resolution
Paragraph 1

1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; ~~reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;~~

Amendment 18 #

Motion for a resolution
Paragraph 1

1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied; acknowledges that methodological standards should be clarified in a timely manner;

Amendment 19 #

Motion for a resolution
Paragraph 1

1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation ~~is clear~~cannot be subject to the adoption of guidelines and does not require any additional interpretation in order to be applied;

Amendment 2 #

Motion for a resolution
Citation 1 a (new)

— having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.

Amendment 20 #

Pierre KARLESKIND, Moritz KÖRNER, Katalin CSEH, Olivier CHASTEL, Nils TORVALDS, Valérie HAYER, Pascal DURAND, Nicolae ŞTEFĂNUȚĂ, Fabienne KELLER, Ramona STRUGARIU, Alin MITUȚA

Motion for a resolution
Paragraph 1

1. ~~Takes note of~~Regrets the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;

Amendment 21 #

Motion for a resolution
Paragraph 1 a (new)

1 a. Strongly believes that the Regulation is a key tool in light of the extension of EU budgetary instruments following the Covid crisis and in light of the urgent rule of law deficiencies in some member states; upholds that any guidelines or actions for annulment brought by individual member states should in no way delay the application of the Regulation;

Amendment 22 #

Motion for a resolution
Paragraph 1 b (new)

1 b. Deeply regrets that the Commission failed to meet the deadline to fulfil its obligations under the Regulation by 1 June 2021, which was clearly stipulated in Parliament's resolution on the matter of 25 March 2021; stresses that Parliament has clearly reiterated that it did not see the need for guidelines in the first place and that a situation in which the Commission accepts unilateral instructions on guidelines by the Council but lets a deadline set by the Parliament lapse is regrettable, especially in light of the fact that the preparation of the guidelines is delaying the application of the Regulation; welcomes therefore Parliament's overwhelming support on June 10th for launching Article 265 TFEU to bring an action for failure to act against the Commission;

Amendment 23 #

Motion for a resolution
Paragraph 2

2. Highlights that guidelines are not legally binding; notes that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance; is concerned that breaches in some Member States are already fully advanced, therefore strongly urges the Commission to swiftly take all necessary preparations and actions without any undue delay;

Amendment 24 #

Fabienne KELLER, Pierre KARLESKIND, Moritz KÖRNER, Nicolae ŞTEFĂNUȚĂ, Alin MITUȚA, Valérie HAYER, Mauri PEKKARINEN, Olivier CHASTEL

Motion for a resolution
Paragraph 2

2. Highlights that guidelines are not legally binding and by no means could delay the application of the Regulation already in force; notes that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;

Amendment 25 #

Matteo ADINOLFI, Jean-François JALKH, Joachim KUHS

Motion for a resolution
Paragraph 2

2. Highlights that guidelines are not legally binding; notes with disappointment that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;

Amendment 26 #

Pierre KARLESKIND, Moritz KÖRNER, Katalin CSEH, Olivier CHASTEL, Nils TORVALDS, Valérie HAYER, Pascal DURAND, Nicolae ŞTEFĂNUȚĂ, Fabienne KELLER, Ramona STRUGARIU, Vlad GHEORGHE, Alin MITUȚA

Motion for a resolution
Paragraph 2

2. Highlights that guidelines are not legally binding; ~~not~~deplores that the Commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;

Amendment 27 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Highlights that the European institutions exercise their powers in accordance with the Treaties and that the Commission should act as "the Guardian of the Treaties"; considers that the Commission has overcome its role as Guardian of the Treaties, becoming a political actor and exceeding the limits set by the Treaties;

Amendment 28 #

Motion for a resolution
Paragraph 3

3. Recalls that guidelines cannot alter, expand or narrow the text of the Regulation; emphasises that in order to add any value, guidelines must clarify how the legislative provisions of the Regulation will be applied in practice and therefore outline the procedure, definitions and methodology that the Commission will apply;

Amendment 29 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Strongly regrets the Commission’s failure to respond to Parliament’s request and to adopt its guidelines by 1 June 2021; reiterates its call on the Commission to draft the guidelines as soon as possible in close cooperation with Parliament ; reminds the Commission that Parliament already started the necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission;

Amendment 3 #

Motion for a resolution
Citation 3 a (new)

— having regards to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/20921a _________________ 1a Texts adopted, P9_TA(2021)0287.

Amendment 30 #