Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | CSEH Katalin ( Renew) | SARVAMAA Petri ( EPP), CHINNICI Caterina ( S&D), PEKSA Mikuláš ( Verts/ALE), ADINOLFI Matteo ( ID), CZARNECKI Ryszard ( ECR), FLANAGAN Luke Ming ( GUE/NGL) |
Committee Opinion | EMPL |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
The European Parliament adopted by 437 votes to 94, with 39 abstentions, a resolution on the protection of the European Union’s financial interests – combating fraud – annual report 2020.
The annual report on the protection of the European Union's financial interests and the fight against fraud in 2020 (PIF report) highlights the risks associated with the COVID-19 pandemic, both in terms of revenue and expenditure. Indeed, COVID-19 is likely to offer new opportunities to fraudsters, due to the increased risks related to crisis management and the introduction of simplified and emergency procedures in the context of the pandemic. Members called on all Member States to continue to subject emergency expenditure to a high level of control and monitoring.
Parliament also recalled that under the new Multiannual Financial Framework (MFF) 2021-2027, combined with the NextGenerationEU recovery plan, the EU is allocated an unprecedented EUR 1.8 trillion in financial resources. An unprecedented level of attention and control is needed to ensure that these funds can best contribute to the Union's common goals.
Fraudulent and non-fraudulent irregularities detected
The total number of fraudulent and non-fraudulent irregularities reported in 2020 was 11 755 in total, with a value of approximately and involved a value of approximately EUR 1.46 billion . The number of fraudulent irregularities detected varies considerably from one Member State to another. Parliament expressed concern about the diversity of approaches to criminal law adopted by Member States to protect the EU budget. It urged the Commission to address these inconsistencies in Member States' practices and to consider introducing further harmonisation measures .
Fraud is increasingly attractive to organised crime. Members regretted that many Member States do not have specific legislation to effectively combat organised crime , including mafia-type crime. They stressed the need for a comprehensive and effective anti-corruption framework in Member States to combat offences committed by state officials.
Revenue - own resources fraud
In 2020, 451 irregularities were reported as revenue fraud, 9% less than the average number of cases reported per year for the period 2016-2020. Footwear, textiles, vehicles and machinery and electrical equipment were the types of goods most affected by fraud and irregularities. Most cases involved undervaluation, incorrect classification or misdescription of goods or smuggling.
According to the 2021 Value Added Tax (VAT) gap report, the VAT gap dropped in 2019 to EUR 134 billion in nominal terms (a decrease of almost EUR 6.6 billion compared to 2018).
Parliament called on Member States to assess the risks and shortcomings of their respective national customs control strategies and asked the Commission to help Member States ensure that uniform controls are implemented across the EU. Over the last five years, the annual recovery rate has varied between 52% and 71%. The recovery rate for cases reported in 2020 is currently around 71%.
Expenditure fraud
605 expenditure irregularities were reported as fraudulent in 2020, with a related financial value of EUR 266 million.
During the period 2016-2020, detection of fraud in the context of the common agricultural policy (CAP) was concentrated in a small number of Member States. The majority of fraudulent irregularities concerning support to agriculture involved the use of false documents or false requests for aid, and that their number remained largely stable. Parliament expressed concern that reporting of rural development fraud for the 2014-2020 period has been slow to start, which may indicate that detection efforts in EU Member States are insufficient.
Between 2016 and 2020, the number of reported irregularities concerning the Cohesion Fund, the European Regional Development Fund, the European Social Fund and the Fisheries Fund for the 2014-2020 programming period increased. However, Members pointed out that for all funds, as far as non-fraudulent irregularities are concerned, this increase has been limited, highlighting an exceptional decrease in the number of irregularities detected compared to the previous programming period.
External dimension of the protection of the Union's financial interests
Members believe that the EU institutions and bodies should put more emphasis on funds spent in third countries in order to verify that these funds are spent according to the rules and without fraud or corruption. They recommended the suspension of budget support in third countries where the authorities are clearly not taking effective measures to fight widespread corruption. They called for monitoring of corruption risks associated with large-scale construction and investment projects undertaken by authoritarian third countries in Member States.
Digitalisation to protect the EU's financial interests
Parliament called for an increased degree of digitalisation , interoperability of comparable data systems and harmonisation of reporting, monitoring and auditing in the EU. It called on the Commission to explore the possibility of using AI to protect the EU's financial interests. Members believe that the use of the ARACHNE risk scoring tool in the 2021-2027 MFF and the NextGenerationEU recovery plan, in particular with regard to the implementation of the Recovery and Resilience Facility (RRF), should be made mandatory as soon as possible. The Commission is invited to extend the scope of EDES to funds under shared management in the context of its proposal for revision of the Financial Regulation.
OLAF and the European Public Prosecutor's Office
Members are concerned about the decline in the indictment rate from 53% in the period 2007-2014 to 37% in the period 2016-2020 in cases referred to Member States by OLAF. They called on Member State authorities to cooperate closely with OLAF and to open criminal cases whenever necessary to ensure the recovery of misused EU funds.
Parliament welcomed the fact that the European Public Prosecutor's Office had opened 576 investigations since its establishment and had requested the seizure of a total of EUR 154.3 million, of which EUR 147 million had been granted. It is concerned about the European Public Prosecutor's estimate that the total damage caused by fraud and corruption amounts to EUR 5.4 billion. It urged Member States not participating in the European Public Prosecutor's Office to sign cooperation agreements with it.
Rule of law and fight against corruption
Parliament believes that it is high time for the Commission to fulfil its role as ‘guardian of the treaties’ and to fight against the ongoing violations of the rule of law in several Member States , in particular Poland and Hungary, as these violations represent a serious danger to the financial interests of the Union.
Members recalled that respect for the rule of law is a precondition for access to funds, that the rule of law conditionality mechanism is fully applicable to the RRF and that no measures contrary to the values of the Union as enshrined in Article 2 of the EU Treaty should be financed under the RRF. They insisted that no payments should be made to Poland under the RRF until Poland has fully implemented all relevant judgments of the CJEU and the European Court of Human Rights, and until its national authorities have recognised the primacy of Union law.
Documents
- Commission response to text adopted in plenary: SP(2022)505
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T9-0300/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A9-0175/2022
- Committee report tabled for plenary: A9-0175/2022
- Amendments tabled in committee: PE731.505
- Committee draft report: PE704.701
- Committee draft report: PE704.701
- Amendments tabled in committee: PE731.505
- Committee report tabled for plenary, single reading: A9-0175/2022
- Commission response to text adopted in plenary: SP(2022)505
Activities
- Nicola BEER
Plenary Speeches (5)
- 2022/07/06 Protection of the EU’s financial interests – combating fraud – annual report 2020 (debate)
- 2022/07/06 Protection of the EU’s financial interests – combating fraud – annual report 2020 (debate)
- 2022/07/06 Protection of the EU’s financial interests – combating fraud – annual report 2020 (debate)
- 2022/07/06 Protection of the EU’s financial interests – combating fraud – annual report 2020 (debate)
- 2022/07/06 Protection of the EU’s financial interests – combating fraud – annual report 2020 (debate)
- Rainer WIELAND
- Katalin CSEH
- Ryszard CZARNECKI
Plenary Speeches (1)
- Andor DELI
Plenary Speeches (1)
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Petri SARVAMAA
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
- Ivan Vilibor SINČIĆ
Plenary Speeches (1)
- Ramona STRUGARIU
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
- Eugen JURZYCA
Plenary Speeches (1)
- Andrey SLABAKOV
Plenary Speeches (1)
- Dorien ROOKMAKER
Plenary Speeches (1)
- Vlad GHEORGHE
Plenary Speeches (1)
Votes
Protection des intérêts financiers de l'UE - lutte contre la fraude - rapport annuel 2020 - Protection of the EU’s financial interests – combating fraud – annual report 2020 - Schutz der finanziellen Interessen der EU – Betrugsbekämpfung – Jahresbericht 2020 - A9-0175/2022 - Katalin Cseh - Après le § 37 - Am 3 #
A9-0175/2022 - Katalin Cseh - § 39 - Am 4 #
A9-0175/2022 - Katalin Cseh - Après le § 62 - Am 5 #
A9-0175/2022 - Katalin Cseh - Après le § 67 - Am 6 #
A9-0175/2022 - Katalin Cseh - Après le § 67 - Am 7 #
A9-0175/2022 - Katalin Cseh - Après le § 67 - Am 8 #
A9-0175/2022 - Katalin Cseh - Après le § 67 - Am 9 #
A9-0175/2022 - Katalin Cseh - Après le § 67 - Am 10 #
A9-0175/2022 - Katalin Cseh - Après le § 67 - Am 11 #
A9-0175/2022 - Katalin Cseh - Après le § 71 - Am 12 #
A9-0175/2022 - Katalin Cseh - Proposition de résolution (ensemble du texte) #
Amendments | Dossier |
104 |
2021/2234(INI)
2022/04/08
CONT
104 amendments...
Amendment 1 #
Motion for a resolution Citation 4 a (new) — having regard to the EPPO Annual Report of 2021,
Amendment 10 #
Motion for a resolution Paragraph 3 3. Notes that the PIF report highlights the risks related to the COVID-19 pandemic both in terms of revenue and expenditure; notes in particular that customs fraud appears to have affected EU Member States to differing degrees; notes, moreover, that the use of simplified procedures and the lower quality of tender specifications in the emergency pose risks to competitive public procurement, in particular by increasing the risk of conflicts of interest and corruption, and by inflating costs or reducing the quality of implementation; notes that proper focus was given to healthcare sector and the Recovery and Resilience Facility (RRF) and the additional risks;
Amendment 100 #
Motion for a resolution Paragraph 45 45. Notes the need for a specific annual Commission report on the analysis and state of play of the overall anti-fraud infrastructure, assessing, among other things, the level of interoperability of EU actors in the fight against fraud,
Amendment 101 #
Motion for a resolution Paragraph 45 a (new) 45a. Welcomes the Operation Sentinel organised by Europol in cooperation with EPPO, Eurojust and OLAF, along with 21 Member States; the goal of the operation is to map vulnerabilities inherent to the national allocation systems, detect fraud schemes used to target the fund allocation system and support high-priority investigations concerning high-value targets;
Amendment 102 #
Motion for a resolution Paragraph 46 46. Reiterates the unsatisfactory level of analysis provided in the annexes to the PIF report regarding cases of conflicts of interest stresses that in order to effectively fight corruption and protect the EU’s financial interests, the Commission should adopt a consistent approach to transparency, incompatibilities and conflicts of interest, strengthening internal control mechanisms, illegal lobbying and revolving door situations;
Amendment 103 #
Motion for a resolution Paragraph 46 46. Reiterates the unsatisfactory level of analysis provided in the annexes to the PIF report regarding cases of conflicts of interest; calls for the Commission to engage in such analysis, following the amendment of the Article 61 of the Financial Regulation and the issue on 7 April 2021 to the benefit of the Member States of the ‘Guidance on the avoidance and management of conflicts of interest under the Financial Regulation’;
Amendment 104 #
Motion for a resolution Paragraph 47 47. Instructs its President to forward this resolution to the Council and the Commission and the Member States.
Amendment 11 #
Motion for a resolution Paragraph 3 a (new) 3 a. Is of the opinion that the experiences earned during the COVID-19 outbreak require specific consideration in the framework of the post-evaluation of the MFF 2014-2020; asks the Commission to duly integrate in such evaluations the aspects related to risk assessment, risk management and mitigating measures in respect of irregularities and frauds, as components of a comprehensive analysis on effectiveness, efficiency, coherence, relevance and EU added value and as lessons for future design and conduct; is of the opinion that the post-evaluation of the MFF should be concluded latest before the midterm evaluation of the MFF 2021-2027 in order to learn from the past to better prepare for the future vis a vis allow the drawn conclusions/lessons learned to be channelled into the improvement of the MFF 2021-2027; asks the Commission to in the post evaluation of the MFF 2014-2020 examine how this multiannual framework reached its targets, how the spending of the programmes contributed to the goals of the EU and the Member States and how the EU funds were affected by fraud and corruption in this period;
Amendment 12 #
Motion for a resolution Paragraph 5 5. Notes that the total number of fraudulent and non-fraudulent irregularities reported in 2020 amounted to
Amendment 13 #
Motion for a resolution Paragraph 7 7. Takes note
Amendment 14 #
Motion for a resolution Paragraph 7 7. Takes note of the number of fraudulent irregularities reported in 2020 (
Amendment 15 #
Motion for a resolution Paragraph 9 9. Takes into consideration the fact that the number of non-fraudulent irregularities registered in 2020 (
Amendment 16 #
Motion for a resolution Paragraph 9 9. Takes into consideration the fact that the number of non-fraudulent irregularities registered in 2020 (8 737 cases, of which 5 371 cases related to expenditure) was lower than in the previous years, and that the drop in detection and reporting in certain areas of spending cannot easily be explained and is of concern; notes that the total related financial value of these cases is approximately EUR 967.02 million; underlines that the drop in total number of reported irregularities cannot be considered as a sign of positive or negative development, but should be seen in relation to new emerging challenges, linked to new ways of managing and spending EU funds; takes note that fraud is becoming increasingly appealing for organised crime[1a], which is a significant threat to the Union Financial interests but also for citizens trust in pubic authorities, eroding rule of law and fundamental rights; regrets that many Member states do not have any specific legislation to fight against organised crime including of mafia type; _________________ 1a ‘See ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy to tackle Organised Crime 2021-2025’. COM(2021) 170 final.’
Amendment 17 #
Motion for a resolution Paragraph 10 10. Observes that in 2020, 451 irregularities were reported as revenue related fraud, 9 % lower than the average number of cases reported each year for 2016-2020; notes, moreover, that the affected amount of TOR estimated and established (EUR 108 million) in 2020 was 6 % greater than the average estimated and established amount for each year in 2016- 2020; notes that most cases reported in 2020 as fraudulent or non-fraudulent affecting EU revenue relate to undervaluation, incorrect classification/mis-description of goods or smuggling; notes, moreover, that inspections by national anti-fraud services were the most successful method of detecting fraud and that they surpassed post-release controls and release controls in detecting fraudulent duty evasion;
Amendment 18 #
Motion for a resolution Paragraph 11 a (new) 11 a. Notes from the 2021 VAT Gap Report that in 2019 the EU VAT Gap dropped to EUR 134 billion in nominal terms (a decrease of almost EUR 6.6 billion with respect to 2018); notes moreover that the study provides fast estimates for 2020 only for 18 Member States due to significant changes in the tax regimes and structures of the economies following the outbreak of the pandemic which do not allow yet to judge whether the EU-wide VAT Gap will decline or incline in 2020; notes that the econometric analyses confirmed that the VAT Gap is influenced by a group of factors, of which, within the control of tax administrations, the share of IT expenditure and the application of additional information obligations for taxpayers proved to have the highest statistical significance in explaining the size of the VAT Gap;
Amendment 19 #
Motion for a resolution Paragraph 12 a (new) Amendment 2 #
Motion for a resolution Citation 24 a (new) — having regard to the report of the Committee on Foreign Affairs on a European Parliament recommendation to the Council and the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning corruption and human rights (2021/2066(INI)),
Amendment 20 #
Motion for a resolution Paragraph 14 14. Takes note of the Advocate General’s opinion of 9 September 2021 concerning the Court of Justice of the European Union’s proceedings against the UK for alleged undervaluation fraud concerning textiles and shoes imported from China via the UK, based on the investigations carried out by OLAF and by the Commission’s own resources management; notes the Court’s judgement of 8 March 2022 declaring that the UK has failed to fulfil its obligations by failing to apply effective customs control measures and make available to the Commission the correct amount of traditional own resources in respect of the concerned imports;
Amendment 21 #
Motion for a resolution Paragraph 14 a (new) 14 a. Notes that the Court partly rejected the Commission’s calculation due to a considerable uncertainty regarding the accuracy of the amounts of own resources claimed by the Commission, the Commission has not established the full amounts to the requisite legal standard; notes that the Court approved the method used by the Commission for estimating the amount of TOR losses for part of the infringement period and stated that it is for the Commission to recalculate the losses of EU own resources remaining due; calls on the Commission to explain to the discharge authority what the errors in the calculation consisted of, how it intends to remedy the error in the calculation of the losses to the requisite legal standard and inform the discharge authority about the result of the new calculations;
Amendment 22 #
Motion for a resolution Paragraph 15 15. Notes that over the past five years, the annual recovery rate has varied between 52 % and 71 % and that the recovery rate for cases reported in 2020 is currently 71 %; notes, however, that recovery rates vary among the Member States owing to factors such as the type of fraud or irregularity, or the type of debtor involved; notes that China remained also in 2020 the most important country of origin of goods affected by fraudulent and non-fraudulent irregularities;
Amendment 23 #
Motion for a resolution Paragraph 17 a (new) 17 a. Notes that the PIF report mentions the importance of transparency with regards to the use of the public funds, as it constitutes a deterrent element and involves civil society in improving trust; calls on the Commission to work towards increasing transparency of beneficiaries, including contractors, sub-contractors and beneficial owners of EU funds; calls on Member States to also strengthen transparency in the use of EU funds, particularly for emergency procurement, since 8 Member States reported that they have still not done so;
Amendment 24 #
Motion for a resolution Paragraph 18 18. Notes that, over the period 2016- 2020, the detection of fraud in the context of the common agricultural policy (CAP) was concentrated in a small number of Member States and that this was not substantiated by a similar level of payments to those Member States from the CAP budget; notes moreover that, the majority of fraudulent irregularities concerning support to agriculture involved the use of false documents or false requests for aid, and that their number remained
Amendment 25 #
Motion for a resolution Paragraph 18 18. Notes that, over the period 2016- 2020, the detection of fraud in the context of the common agricultural policy (CAP) was concentrated in a small number of Member States and that this was not substantiated by a similar level of payments to those Member States from the CAP budget; is concerned by the fact that the reporting of fraud related to rural development for 2014-2020 had a slow start, which might indicate insufficient detection efforts in EU Member States; notes moreover that, the majority of fraudulent irregularities concerning support to agriculture involved the use of false documents or false requests for aid, and that their number remained largely stable; observes furthermore that, as a proportion of the payments received by the Member States, the rural development part of the budget was more
Amendment 26 #
Motion for a resolution Paragraph 18 18. Notes that, over the period 2016- 2020, the detection of fraud in the context of the common agricultural policy (CAP) was concentrated in a small number of Member States and that this was not substantiated by a similar level of payments to those Member States from the CAP budget; notes moreover that, the majority of fraudulent irregularities concerning support to agriculture involved the use of false documents or false requests for aid, and that their number remained largely stable; observes furthermore that, as a proportion of the payments received by the Member States, the rural development part of the budget was more affected by fraud than support for agriculture, with the exception of market measures, for which incidences of fraud were higher than for rural development; notes that in relation to rural development, the falsification of documents was the main fraudulent practice; expresses concerns that the slow start in reporting fraudulent irregularities related to rural development for 2014-2020 may indicates insufficient detection efforts in Member States;
Amendment 27 #
Motion for a resolution Paragraph 19 19. Notes that between 2016 and 2020, the number of irregularities reported related to the Cohesion Fund, the European Regional Development Fund, the European Social Fund and the Fisheries Funds for the 2014-2020 programming period increased; stresses, however, that for all funds, and in particular the European Regional Development Fund, as regards non- fraudulent irregularities, this increase was limited, highlighting an exceptional fall in the number of detected irregularities (and related financial amounts) in comparison to the previous programming period; takes note that COVID 19 may bring new opportunities to fraudsters, with risks related to managing the emergency - requiring simplified procedures, which may be abused; the pressure on the authorities managing the EU Funds, with delays and new stress factors that could benefit fraudsters, via among others inflated costs; emphasis that all these new risks posed by COVID-19 outbreak require adaptation of the control strategies and more focus on prevention through specific mitigating measures and targeted actions to detect future irregularities and fraud;
Amendment 28 #
Motion for a resolution Paragraph 19 19. Notes that between 2016 and 2020, the number of irregularities reported related to the Cohesion Fund, the European Regional Development Fund, the European Social Fund and the Fisheries Funds for the 2014-2020 programming period increased; stresses, however, that for all funds, and in particular the European Regional Development Fund, as regards non- fraudulent irregularities, this increase was limited, highlighting an exceptional fall in the number of detected irregularities (and related financial amounts) in comparison to the previous programming period; notes moreover, that in relation to the 2007- 2013 programming period the number of fraudulent and non-fraudulent irregularities decreased for the Cohesion Fund, the European Regional Development Fund, the European Social Fund and the Fisheries Funds, in line with the implementation cycle; notes that a number of implementation rules changed between the two programming periods;
Amendment 29 #
Motion for a resolution Paragraph 19 a (new) 19 a. Is of the opinion that companies and organisations which involve offshore companies and organisations into their ownership structures should be excluded from the use of EU funds;
Amendment 3 #
Motion for a resolution Citation 29 a (new) — having regard to the Opinion No 1/2021 of January 2021by the OLAF Supervisory Committee on OLAF’s recommendations not followed by the relevant authorities,
Amendment 30 #
Motion for a resolution Subheading 3 a (new) External dimension of Protection of the EU’s financial interests
Amendment 31 #
Motion for a resolution Paragraph 20 20. Notes that Until the end of 2020, EU spending on development cooperation was spread over several funds and that with the new, the Neighbourhood, Development and International Cooperation Instrument (NDICI), all the earlier funding options are consolidated in one instrument and part of the annual budget and the MFF period 2021- 2027;Points out that the Neighbourhood, Development and International Cooperation Instrument have overall allocation of 79.5 billion euros for the period 2021-2027; Is of the opinion that EU institutions and bodies should put more emphasis on the funds spent in non-EU countries in order to verify that those funds are spent in accordance with the rules and without the involvement of fraud or corruption, and to confirm whether they contribute to the goals of the Union’s development and external policy; Reminds for example that according to European Court of Auditors special report, EU’s 700 million financial support for the rule of law in Western Balkans between 2014 and 2020 has had little impact on fundamental reforms;
Amendment 32 #
Motion for a resolution Paragraph 20 20. Is of the opinion that EU institutions and bodies should put more emphasis on the funds spent in non-EU countries in order to verify that those funds are spent in accordance with the rules and without the involvement of fraud or corruption, and to confirm whether they contribute to the goals of the Union’s development and external policy; reminds that the budgetary support to other countries is financed from the general EU budget and the ECA audit cannot trace what happens beyond the moment the Commission pays aid to the recipient country, since these funds then merge with that country’s own budget resources;
Amendment 33 #
Motion for a resolution Paragraph 20 20. Is of the opinion that EU institutions and bodies should put more emphasis on the funds spent in non-EU countries in order to verify that those funds are spent in accordance with the rules and without the involvement of fraud or corruption, and to confirm whether they contribute to the goals of the Union’s development and external policy; recommends the suspension of budget support in third countries where corruption is widespread and where authorities manifestly fail to take genuine action, while ensuring that the assistance reaches the civil population through other channels;
Amendment 34 #
Motion for a resolution Paragraph 20 a (new) 20 a. Recommends the mainstreaming of an anti-corruption approach into EU external action instruments, including in the Neighbourhood, Development and International Cooperation Instrument (NDICI), the Instrument for Pre- Accession Assistance (IPA) and EU trust funds; calls for stronger priority for the fight against corruption in pre-accession negotiations and criteria with a strong conditionality framework and a focus on capacity building, such as specialised anti-corruption bodies;
Amendment 35 #
Motion for a resolution Paragraph 20 a (new) 20a. Points out that complete transparency in accounting for expenditure is essential, particularly with regard to infrastructure works financed directly through EU funds or financial instruments; calls on the Commission to provide for EU citizens to have full access to information on co-financed projects;
Amendment 36 #
Motion for a resolution Paragraph 20 b (new) 20 b. Calls for an inclusion in all EU- third country trade and investment agreements a strong and mandatory conditionality framework with transparency provisions and binding and enforceable anti-corruption clauses; recommends that as a last resort, the EU should impose sanctions or suspend agreements in the event of serious acts of corruption;
Amendment 37 #
Motion for a resolution Paragraph 20 b (new) 20b. Stresses the need for complete transparency in accounting for the transfers and loans provided for under the Recovery and Resilience Facility (RRF) and calls on the Commission to provide for the European Parliament to have full access to information;
Amendment 38 #
Motion for a resolution Paragraph 20 c (new) 20 c. Calls for a monitoring of corruption risks involved in authoritarian third countries’ large-scale construction and investment projects undertaken in Member States, with particular attention to transparency in these projects, which often raises concerns about non- transparent financing or fiscal risks;
Amendment 39 #
Motion for a resolution Paragraph 21 21. Calls for a greater degree of digitalisation, interoperability of data systems and harmonisation of reporting, monitoring and auditing in the EU; calls on
Amendment 4 #
Motion for a resolution Recital C C. whereas according to Article 83 of the TFEU, corruption is one of the particularly serious crimes with a cross- border dimension whose consequences affect not only the EU economy, but also undermine democracy and rule of law standards across Europe and citizens’ trust in the institutions;
Amendment 40 #
Motion for a resolution Paragraph 21 21. Calls for a greater degree of digitalisation, interoperability of comparable data systems and harmonisation of reporting, monitoring and auditing in the EU; calls on the Commission to explore the possibility of using AI in the service of the protection of the EU’s financial interests and to this end, reiterates its call on the Commission to harmonise definitions in order to obtain comparable data across the EU;
Amendment 41 #
Motion for a resolution Paragraph 22 22. C
Amendment 42 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to use the ARACHNE risk scoring tool in the MFF 2021-2027 and the NextGenerationEU recovery plan, especially with regard to the implementation of the Recovery and Resilience Facility (RRF); believes that ARACHNE should be indicated as a one of the main tools endowing the national anti- fraud strategies (NAFS) that the Member States are expected to adopt in order to improve the integration of anti-fraud architecture; reiterates once more its urgent call on the Commission to establish an EU-wide mandatory integrated, interoperable system building on but not limited to existing tools, such as ARACHNE and EDES; recalls that this system must contain information on all EU co-financed projects, beneficiaries and beneficial owners, and allow to aggregate all individual amounts concerning the same beneficiary or beneficial owner;
Amendment 43 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to use the ARACHNE risk scoring tool in the MFF 2021-2027 and the NextGenerationEU recovery plan, especially with regard to the implementation of the Recovery and Resilience Facility (RRF); believes that ARACHNE should be indicated as a one of the main tools endowing the national anti- fraud strategies (NAFS) that the Member States are expected to adopt in order to improve the integration of anti-fraud architecture; Calls on the Commission to assess, and to report to the Parliament, the reasons preventing the Member states from fully adopting and using ARACHNE; Calls on the Commission to make the use of ARACHNE compulsory for the MFF and the RRF as well;
Amendment 44 #
Motion for a resolution Paragraph 22 22.
Amendment 45 #
Motion for a resolution Paragraph 23 23. Urges the Commission to extend the scope of the Early Detection and Exclusion System (EDES) to include the funds under shared management in the context of the revision of the Financial Regulation; recalls the observations of Parliament outlined in its resolution of 24 November 2021 on the revision of the Financial Regulation as regards the use of digital tools and the data on the final beneficiaries of EU funds;
Amendment 46 #
Motion for a resolution Paragraph 23 a (new) 23 a. Calls on the Commission to continue providing the Member States with full information on Direct Expenditures, for example by means of the Financial Transparency System (FTS), in particular in the frame of RRF, also in order to avoid double founding;
Amendment 47 #
Motion for a resolution Paragraph 24 24. Notes that by June 2021, two thirds of the actions of the Commission’s 2019 anti-fraud strategy had been implemented, while implementation of the remaining third was ongoing; calls on the Commission to report on the implementation of the remaining actions; notes, moreover, that good progress was made on a number of actions aimed at increasing coordination and cooperation between Commission departments and equipping the Commission with a more effective system of anti-fraud oversight; notes that the monitoring of the follow up to OLAF recommendations was made more efficient in 2020, taking stock of about 1 400 financial recommendations issued between January 2012 and June 2019;
Amendment 48 #
Motion for a resolution Paragraph 26 26. Regrets that little support has been given to Member States in the first years of
Amendment 49 #
Motion for a resolution Paragraph 26 26. Regrets that little support has been given to Member States in the first years of implementation of the CAFS, as has also been pointed out by some delegations during debates in the Council; reiterates that comprehensive and comparable data on the scale, nature and causes of fraud is essential to make even more meaningful the investigative actions by OLAF and, since it has taken up operational activities, the EPPO; reminds that Member States have a frontline responsibility for managing about 80% of the expenditure budget and for collecting almost all the revenue; highlights the important role Members States therefore play in protecting the EU financial interests, with the key role played by the national anti- fraud strategies (NAFSs), whose establishment should be a priorty in all Member States;
Amendment 5 #
Motion for a resolution Recital C a (new) C a. whereas corruption not only seriously harms the Union’s financial interests but pose also a threat to democracy, fundamental rights and rule of law across Europe, with a serious detrimental impact on the trust of citizens;
Amendment 50 #
Motion for a resolution Paragraph 26 a (new) 26a. Calls on the Commission to provide for proper legal protection for investigative journalists along the lines of that provided for whistleblowers;
Amendment 51 #
Motion for a resolution Paragraph 26 b (new) 26b. Considers it advisable, with a view to both improving data collection and making controls more effective, for Member States to cooperate more closely with regard to exchanges of information;
Amendment 52 #
Motion for a resolution Paragraph 26 c (new) Amendment 53 #
Motion for a resolution Paragraph 26 d (new) 26d. Points out that many Member States do not have specific laws against organised crime, while organised crime's involvement in cross-border activities and sectors affecting the EU’s financial interests is constantly growing;
Amendment 54 #
Motion for a resolution Paragraph 27 27.
Amendment 55 #
Motion for a resolution Paragraph 27 27. Notes with concerns that by the end of 2020, only 14 Member States reported having adopted a NAFS, which is anyhow up from 10 in 2019, with 5 others considering adopting or preparing a NAFS; notes, however, that these strategies vary in scope and depth and that some need to be updated;
Amendment 56 #
Motion for a resolution Paragraph 27 27. Notes that by the end of 2020, 14 Member States reported having adopted a NAFS, up from 10 in 2019; notes, however, that these strategies vary in scope and depth and that some need to be updated; calls for more Member States to adopt a NAFS and to report it to the Commission; calls on the Commission to provide tangible support and advice to the Member States, by way of guidelines on drafting NAFS, advisory services on the setting and functioning of AFCOS, and reiterates its call for analyses of the adopted NAFS and on the reasons why in some Member States a NAFS is not adopted;
Amendment 57 #
Motion for a resolution Paragraph 28 a (new) 28 a. Commends OLAF on its invaluable contribution to the protection of the EU's financial interests; emphasises the importance of OLAF adhering to the hightest standards in its investigations and fully complies with all requirements of the rule of law; welcomes that Art 9a of the revised OLAF regulation foresees a controller of procedural guarantees, who is in charge of monitoring OLAF’s compliance with procedural guarantees and handling complaints by persons concerned; notes that the controller of procedural guarantees has not yet been appointed; is very concerned by complaints from persons concerned by OLAF investigations regarding violations of their rights that compromised their ability to defend themselves against the allegations made against them;
Amendment 58 #
Motion for a resolution Paragraph 29 29. Is concerned about the decrease of the indictment rate from 53 % in the 2007- 2014 period to 37 % in the 2016-2020 period in the cases put forward to the Member States by OLAF;
Amendment 59 #
Motion for a resolution Paragraph 29 29. Is concerned about the decrease of the indictment rate from 53 % in the 2007- 2014 period to 37 % in the 2016-2020 period in the cases put forward to the
Amendment 6 #
Motion for a resolution Paragraph 1 1. Welcomes the 32nd annual report on the protection of the European Union’s financial interests and the fight against fraud 2020 (PIF report) and welcomes the new graphic version adopted, which is certainly more accessible to European citizens;
Amendment 60 #
Motion for a resolution Paragraph 29 29. Is concerned about the decrease of the indictment rate from 53 % in the 2007- 2014 period to 37 % in the 2016-2020 period in the cases put forward to the Member States by OLAF; calls on the Member States’ authorities to cooperate closely with OLAF and examine the transmitted investigation reports and the judicial recommendations carefully, and to open criminal cases wherever they are necessary to ensure that misused EU funds are recovered; invites OLAF to
Amendment 61 #
Motion for a resolution Paragraph 30 30. Is of the opinion that OLAF should also follow up on its financial recommendations in order to compare them with the amounts recovered at the end of the procedures by the Commission; in this regard, commends the invaluable work carried out by OLAF in combating fraud, money laundering and tax evasion, but stresses that OLAF is chronically understaffed and lacking financial resources;
Amendment 62 #
Motion for a resolution Paragraph 30 30. Is of the opinion that OLAF should also follow up on its financial recommendations in order to compare them with the amounts recovered at the end of the procedures by the Commission, and contribute to the overall monitoring on the recovery of funds;
Amendment 63 #
Motion for a resolution Paragraph 30 a (new) 30 a. Notes that the Hercules programme III was deployed by OLAF to strengthen the operational capacity of national and regional anti-fraud authorities in the domain of training activities and IT support until 2020;notes that the assessment of Hercules III was finalised at the end of 2021 and concluded that the programme was highly relevant and effective in protecting the EU’s financial interests, as it successfully met its general, specific and operational objectives; notes that Hercules III has been replaced by the Union Anti-Fraud Programme for the duration of the multiannual financial framework 2021- 2027;
Amendment 64 #
Motion for a resolution Paragraph 30 a (new) 30 a. Recognises the principle of confidentiality of OLAF investigations; is of the opinion however that there is an overarching public interest and the EU citizens also have the right to access to those reports and recommendations in which OLAF investigations, and all national follow up procedures are closed as recognised by the CJEU in Case T- 517/19; therefore asks OLAF to set up a mechanism to publish those reports and recommendations for which there is no more legitimate reason to maintain the principle of confidentiality;
Amendment 65 #
Motion for a resolution Paragraph 30 a (new) 30a. Points out that, to prevent problems relating to overlapping and delays in proceedings, the cooperation agreements between OLAF and the EPPO should provide for a clear separation of powers;
Amendment 66 #
Motion for a resolution Paragraph 31 31. Takes note of the working arrangement signed on 3 September 2021 for a framework cooperative relationship between both the EPPO the ECA; notes, moreover, the administrative arrangements signed in 2019 between the OLAF and the European Court of Auditors;
Amendment 67 #
32. Welcomes the fact that the EPPO became operational on 1 June 2021;
Amendment 68 #
Motion for a resolution Paragraph 32 32. Welcomes the fact that the EPPO became operational on 1
Amendment 69 #
Motion for a resolution Paragraph 33 33. Welcomes the joint efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument; welcomes 'Operation Sentinel' launched by Europol which intends to focus on proactive intelligence sharing, information exchange and supporting the coordination of operations to tackle fraud against COVID-19 EU recovery funds; welcomes the involvement of EPPO and OLAF and 19 EU Member States; is concerned about the fact those Member States which are major beneficiary of the Cohesion Funds, amongst others Poland, Hungary or Bulgaria do not participate in the operation; calls on all Member States to join to the operation; furthermore calls on the Member States to cooperate closely with one another and the EU bodies to allow action to be taken against fraud involving several countries;
Amendment 7 #
Motion for a resolution Paragraph 1 a (new) 1 a. Reminds that 2020 is the final year of the Multiannual Framework (MFF) for 2014-2020 despite the fact that programmes need to be finished only in 2023 and at the same time the year of the adoption of the MFF 2021-2027, the NextGenEU and the Rule of Law conditionality mechanism;
Amendment 70 #
Motion for a resolution Paragraph 33 33. Welcomes the joint efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument, and requires great vigilance in identifying and combating fraud related to the Recovery and Resilience Facility;
Amendment 71 #
Motion for a resolution Paragraph 33 33. Welcomes the joint efforts of OLAF and Europol to assess the threats and vulnerabilities of the RRF instrument; welcomes the working arrangement between OLAF and Europol, which entered into force on 9 October 2020;
Amendment 72 #
Motion for a resolution Paragraph 34 34. Highlights the role of the EPPO in the new anti-fraud infrastructure; notes, moreover, the working arrangements agreed in 2020 and signed in July 2021 between the EPPO and OLAF, especially as regards the exchange of information, case management and operational cooperation;
Amendment 73 #
Motion for a resolution Paragraph 34 34. Highlights the role of the EPPO in the new anti-fraud infrastructure; notes, moreover, the working arrangements agreed in 2020 and signed in July 2021 between the EPPO and OLAF, especially as regards the exchange of information, case management and operational cooperation; welcomes the working arrangement between EPPO and Europol, which entered into force on 19 January2021;
Amendment 74 #
Motion for a resolution Paragraph 35 35. Notes that in July 2020 the Council appointed the 22 European prosecutors; recalls that the EPPO is to work hand in hand with national law enforcement authorities and that it exercises the function of prosecutor in the competent courts of the participating Member States while at the same time closely cooperating with EU
Amendment 75 #
Motion for a resolution Paragraph 37 37. Calls on OLAF, the EPPO,
Amendment 76 #
Motion for a resolution Paragraph 37 37. Calls on OLAF, the EPPO, AFCOS, and the responsible EU agencies to keep strengthening the exchange of
Amendment 77 #
Motion for a resolution Paragraph 37 37. Calls on OLAF, the EPPO, AFCOS, and the responsible EU agencies, along with Europol, to keep strengthening the exchange of information, to reciprocate support and ensure complementarity in their operational activities as agreed in the established working arrangements and regulations;
Amendment 78 #
Motion for a resolution Paragraph 37 a (new) Amendment 79 #
Motion for a resolution Paragraph 38 38.
Amendment 8 #
Motion for a resolution Paragraph 2 Amendment 80 #
Motion for a resolution Paragraph 38 38. Welcomes the adoption of Regulation (EU, Euratom)
Amendment 81 #
Motion for a resolution Paragraph 38 a (new) 38 a. Welcomes the judgements of the CJEU of 16 February 2022 and its conclusions confirming that the EU indeed has competences regarding the Rule of Law in the Member States that the Rule of Law Conditionality Mechanism is in line with EU law;
Amendment 82 #
Motion for a resolution Paragraph 39 Amendment 83 #
Motion for a resolution Paragraph 39 39. Is of the opinion that it is high time for the Commission to fulfil its duties as ‘
Amendment 84 #
Motion for a resolution Paragraph 39 39. Is of the opinion that it is high time for the Commission to fulfil its duties as ‘guardian of the Treaties’ and to tackle the ongoing violations of the principles of the rule of law in several Member States, which represent a serious danger to the Union’s financial interests since compliance with it is a prerequisite for sound financial management and the efficient and effective management of EU funds; calls on the Commission, therefore, to take urgent action and apply the Rule of Law Conditionality Mechanism immediately by sending a written notification under Article 6(1) of Regulation (EU, Euratom) 2020/2092;
Amendment 85 #
Motion for a resolution Paragraph 39 39. Is of the opinion that it is high time for the Commission to fulfil its duties as ‘guardian of the Treaties’ and to tackle the ongoing violations of the principles of the rule of law in several Member States like Poland and Hungary, which represent a serious danger to the Union’s financial interests; calls on the Commission, therefore, to take urgent action and apply the Rule of Law Conditionality Mechanism immediately by sending a written notification under Article 6(1) of Regulation (EU, Euratom) 2020/2092;
Amendment 86 #
Motion for a resolution Paragraph 40 40. Recognises the importance of the
Amendment 87 #
Motion for a resolution Paragraph 40 40. Recognises the importance of the annual rule of law report and the fact that the fight against corruption is an integral part of the report; is of the opinion, however, that it cannot substitute the anti- corruption report; welcomes the Commission’s intention to equip the rule of law report with specific recommendations to the Member States;
Amendment 88 #
Motion for a resolution Paragraph 41 a (new) 41 a. Highlights that in order to combat corruption effectively and protect the EU’s financial interests, the Commission should adopt a holistic, coherent and systematic approach by developing better rules on transparency, incompatibilities and conflicts of interest, internal control mechanisms, illegitimate lobbying and revolving doors scenarios, which can be detrimental to relations between the institutions and interest representatives;
Amendment 89 #
Motion for a resolution Paragraph 41 a (new) 41a. 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 beneficial ownership by the beneficiaries and financial intermediaries involved in financing operations;
Amendment 9 #
Motion for a resolution Paragraph 3 3. Notes that the PIF report highlights the risks related to the COVID-19 pandemic both in terms of revenue and expenditure;
Amendment 90 #
Motion for a resolution Paragraph 41 a (new) 41 a. Highlights the detrimental effects of corruption on the rights of the citizens; reiterates therefore its recommendation that the EU should become a member of the Group of States against Corruption (GRECO), bearing in mind the specific nature of the EU, of its institutions and of UE law;
Amendment 91 #
Motion for a resolution Paragraph 41 b (new) 41 b. Regrets the lack of follow up by the Commission on the request to establish an internal corruption evaluation mechanism for the EU institutions; calls on the Commission to present a plan on the setting up of this mechanism with all possible implications;
Amendment 92 #
Motion for a resolution Paragraph 41 b (new) 41b. Takes the view that funds should be repaid whenever cases of corruption or fraud have been proven;
Amendment 93 #
Motion for a resolution Paragraph 41 c (new) 41 c. 41c. reminds its recommendation for the EU to become full Member to the Group of States against Corruption (GRECO); calls on the Commission to present a possible plan for the Membership, within the framework of the Article 83 of the TFEU in conjunction with the Article 218 of the TFEU;
Amendment 94 #
Motion for a resolution Paragraph 42 42. Considers that the financing of the EU has entered a new era with the adoption of the NextGenerationEU recovery plan and that this provides the EU’s anti-fraud architecture with additional challenges; is therefore strongly of the opinion that the anti-fraud architecture needs to be further strengthened; stresses that OLAF, the EPPO
Amendment 95 #
Motion for a resolution Paragraph 42 42. Considers that the financing of the EU has entered a new era with the adoption of the NextGenerationEU recovery plan and that this provides the EU’s anti-fraud architecture with additional challenges; is therefore strongly of the opinion that the anti-fraud architecture needs to be further strengthened; stresses that
Amendment 96 #
Motion for a resolution Paragraph 42 42. Considers that the financing of the EU has entered a new era with the adoption of the NextGenerationEU recovery plan and that this provides the EU’s anti-fraud
Amendment 97 #
Motion for a resolution Paragraph 42 a (new) 42 a. Welcomes the NextGeneration EU – Law Enforcement Forum (NGEU- LEF), a joint initiative co-led by Europol and Italy, which brings together the EU Member States, Europol, EPPO, OLAF, Eurojust and CEPOL to establish a joint way forward in preventing and countering any threat against the NGEU funds and, more broadly, against the financial well- being of the Union;
Amendment 98 #
Motion for a resolution Paragraph 43 43. Endorses the call of the
Amendment 99 #
Motion for a resolution Paragraph 43 a (new) 43a. Europol, EPPO, OLAF, Eurojust and other EU bodies and agencies shall help the Member States and interested parties to protect the EU's financial interests in the implementation of NGEU; welcomes the Next Generation EU - Law Enforcement Forum (NGEU-LEF), a joint initiative co-led by Europol and Italy; the forum brings together the EU's Member States, Europol, OLAF, Eurojust and CEPOL with the aim of establishing a joint way forward in preventing and countering all threats to the NGEU funds and, more broadly, to the EU's financial well-being;
source: 731.505
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