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2022/0162(COD) Amendments to the Financial Regulation. Recast

Progress: Awaiting Parliament's position in 1st reading

RoleCommitteeRapporteurShadows
Joint Responsible Committee ['BUDG', 'CONT'] HOHLMEIER Monika (icon: EPP EPP), UŠAKOVS Nils (icon: S&D S&D) WINZIG Angelika (icon: EPP EPP), NEGRESCU Victor (icon: S&D S&D), CSEH Katalin (icon: Renew Renew), KÖRNER Moritz (icon: Renew Renew), FREUND Daniel (icon: Verts/ALE Verts/ALE), GEESE Alexandra (icon: Verts/ALE Verts/ALE), KUHS Joachim (icon: ID ID), CZARNECKI Ryszard (icon: ECR ECR), RZOŃCA Bogdan (icon: ECR ECR), OMARJEE Younous (icon: GUE/NGL GUE/NGL)
Committee Opinion AFET
Committee Opinion DEVE
Committee Opinion ENVI
Committee Opinion ITRE BUŞOI Cristian-Silviu (icon: EPP EPP)
Committee Opinion TRAN
Committee Opinion REGI BUDA Daniel (icon: EPP EPP) Vlad-Marius BOTOŞ (icon: RE RE), Andżelika Anna MOŻDŻANOWSKA (icon: ECR ECR), Hannes HEIDE (icon: S&D S&D)
Committee Opinion AGRI
Committee Opinion PECH
Committee Opinion JURI
Committee Opinion LIBE
Committee Recast Technique Opinion JURI ADAMOWICZ Magdalena (icon: EPP EPP)
Lead committee dossier:
Legal Basis:
Euratom Treaty A 106a-pa, RoP 110, RoP 58, TFEU 322-p1

Events

2023/05/10
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/05/08
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/05/04
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Budgets and the Committee on Budgetary Control jointly adopted the report by Nils UŠAKOVS (S&D, LV) and Monika HOHLMEIER (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast).

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Respect for fundamental rights

The Commission and the Member States should ensure, in the implementation of the Union's budget, respect for the values on which the Union is founded and for fundamental rights, including non-discrimination, as well as respect for the Charter of Fundamental Rights of the European Union.

Decommitments

Where budgetary commitments are decommitted in any financial year after the year in which they were made as a result of the total or partial non-implementation of the actions for which they were earmarked, Members proposed that the appropriations corresponding to such decommitments should be made available again to the benefit of the budget line of origin, without prejudice to pre-agreed national envelopes, where applicable.

Internal control of budget implementation

The Commission should report annually, no later than 30 September, to the European Parliament and to the Council on the aggregated information and figures on the recipients of funds, contractors, sub-contractors and the beneficial owners, across different Union funded projects and programmes implemented in the preceding financial year. That information should, having due regard to the protection of personal data, be made available to any persons or organisations that can demonstrate a legitimate interest.

Visibility of the budget

All new communication efforts should make the citizens' connection to the budget more visible by using the statements ‘Funded by the people of the European Union’ or ‘Co-funded by the people of the European Union’ next to the emblem of the Union.

Interinstitutional procurement, joint procurement and procurement on behalf of Member States

Where appropriate, two or more Member States may mandate a Union institution, Union body or executive agency (‘mandated contracting authority’) to act as a central purchasing body to procure on behalf of the Member States or in their own name, under certain conditions.

Diversified funding strategy

Where the Commission is empowered, in relevant basic acts, to borrow funds on behalf of the Union on the capital markets or from financial institutions, the Commission should implement a diversified funding strategy comprising borrowing and debt management operations. The diversified funding strategy should be implemented through all necessary transactions aiming at a regular capital market presence, should be based on pooling of funding instruments and should make use of a common liquidity pool.

Union trust funds for external actions

A Union trust fund for emergency and post-emergency action should be deemed to be approved by the European Parliament and the Council unless the European Parliament or the Council decide not to approve it within two months of the date of publication of the draft decision.

Non-financial donations

Members proposed that in the case of non-perishable supplies financed from administrative appropriations and in compliance with the relevant accounting rules and standards, Union institutions and bodies may not provide non-financial donations before the value of the depreciated supply represents 80 % of the purchase price.

Rules and procedure on the audit

The report stated that the examination by the Court of Auditors of whether all revenue has been received and all expenditure incurred in a lawful and proper manner, including in relation to assigned revenue and the related items of expenditure, should have regard to the Treaties, the budget, this Regulation, the delegated acts adopted pursuant to this Regulation and all other relevant acts adopted pursuant to the Treaties. That examination may take account of the multiannual character of programmes and related supervisory and control systems.

Transitional provisions

Waiting for the adoption of the programmes under the post-2027 MFF in order to start using the new single integrated and interoperable information and monitoring system is disproportionately long. Therefore, Members proposed that the date of application of 1 January 2026 should provide sufficient time for the development of the system and the adaptation of the various involved systems.

Documents
2023/04/27
   EP - Vote in committee, 1st reading
2023/04/27
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/04/25
   EP - Specific opinion
Documents
2023/03/09
   EP - Specific opinion
Documents
2023/02/17
   EP - Amendments tabled in committee
Documents
2023/01/23
   EP - Committee draft report
Documents
2023/01/03
   EP - ADAMOWICZ Magdalena (EPP) appointed as rapporteur in JURI
2022/12/20
   CZ_SENATE - Contribution
Documents
2022/12/06
   EP - Committee opinion
Documents
2022/10/31
   CofA - Court of Auditors: opinion, report
2022/10/06
   EP - Referral to joint committee announced in Parliament
2022/09/23
   EP - HOHLMEIER Monika (EPP) appointed as rapporteur in ['BUDG', 'CONT']
2022/09/23
   EP - UŠAKOVS Nils (S&D) appointed as rapporteur in ['BUDG', 'CONT']
2022/09/12
   EP - Committee referral announced in Parliament, 1st reading
2022/07/14
   EP - BUŞOI Cristian-Silviu (EPP) appointed as rapporteur in ITRE
2022/07/07
   EDPS - Document attached to the procedure
2022/06/15
   EP - BUDA Daniel (EPP) appointed as rapporteur in REGI
2022/05/16
   EC - Legislative proposal published
Details

PURPOSE: to revise the Financial Regulation to align it with the MFF package (recast).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the Financial Regulation lays down the principles and general financial rules for establishing and implementing the EU budget and controlling EU finances. The 2018 Financial Regulation is the result of a major revision, incorporating the previous Rules of Application into a single rulebook. The revision increased flexibility, simplified financial rules considerably and paved the way for the proposals under the 2021-2027 multiannual financial framework (MFF).

These simpler rules need time to harness their full potential for the implementation of the 2021-2027 programmes and instruments, for example on the single audit approach, cross-reliance on audits and assessments, simplified cost options, reduced administrative burden, and the focus on results. Changing financial rules too often creates uncertainty for recipients of EU funds.

CONTENT: with this proposal, the Commission is proposing a targeted amendment , aiming to strike the right balance by focusing on changes that are really necessary. The main reason for this revision is the need to align the Financial Regulation with the MFF package, to maintain a

single rulebook governing the expenditure of the Union, meaning that all general financial rules are included in the Financial Regulation. This will provide greater legal certainty for Union institutions and recipients of Union funds. The proposal also reflects declarations made by the EU institutions in the context of the MFF.

The specific provisions of the proposal concern the following areas:

Alignment with the MFF

To ensure smooth implementation of the MFF Regulation, certain derogations from the budgetary principles set out in the sectoral basic acts are proposed to be reflected in the Financial Regulation in line with the single rulebook approach.

Borrowing and lending

The proposed amendment streamlines the reporting obligations for borrowing and lending operations. It codifies the current practice by including in the document annexed to the section of the budget relating to the Commission a comprehensive overview of the Commission’s borrowing and lending operations.

Assigned revenue

The proposal aims to increase the transparency and visibility of external assigned revenue in the documents accompanying the budget. It also aims to facilitate the management of additional contributions (including voluntary ones) from Member States, thus avoiding the need to request payments from Member States before actual payment needs arise.

Financial instruments and budgetary guarantees

The proposal aims to enhance legal clarity by: (i) addressing inconsistencies and redundancies in the current Financial Regulation; (ii) better reflecting the functioning of provisioning and of budgetary guarantees; and (iii) updating relevant rules.

Non-financial donations by EU institutions

The proposal will provide a framework for the EU institutions to donate goods, services, supplies or works. It will also provide a stable legal basis in particular for future emergency situations, more transparency, accountability and legal certainty for recipients.

Similar to the introduction of non-financial donations, the EU institutions should also be able to award prizes which are not financial, such as vouchers, tickets and trips.

Procurement and experts

The proposal adapts the procurement rules that apply in crisis management situations to enable EU institutions or bodies to procure on behalf of Member States or to act as a central purchasing body. This central purchasing body would be able to donate or resell supplies and services to Member States, and launch joint procurement procedures, although the EU institutions would not be acquiring services and supplies for themselves. The proposal also updates the definition of crisis to include public and animal health, food safety emergency situations and global health threats such as pandemics.

Other simplification measures and technical corrections and updates enable multisourcing contracts, correct inconsistencies and omissions, and clarify digitisation of procurement procedures.

Grants

The proposal includes technical updates, simplification, clarifications and corrections. It clarifies rules on simplified forms of grants and lays down that the 50% limit for volunteers’ costs applies to the total financing of an action. To increase transparency, a definition of NGOs is added, while grant applicants would need to declare their legal status and confirm whether they are NGOs.

Digitalisation

The proposal supports the Commission’s commitment to be digital by default. It increases the efficiency and quality of controls and audits with the help of digitalisation and emerging technologies such as data-mining, machine learning, robotic process automation and artificial intelligence.

Green transition

Importantly, this proposal also aims to adjust the Financial Regulation to ensure that budget implementation effectively helps achieve the European Green Deal . Furthermore, to facilitate the greening of EU buildings, the possibility to use loans to finance building renovation is inserted in the proposed Regulation. When relevant, calls for tenders in public procurement procedures should include green award or selection criteria to incentivise economic operators to offer more sustainable options.

Early-detection and exclusion system

The proposal seeks to strengthen the system by better targeting its application to funds under both shared management and direct management where funds are disbursed as financial contributions to Member States, for instance under the Recovery and Resilience Facility. The aim is to prevent Member State authorities from selecting fraudulent economic operators to carry out projects, and to better protect the Union budget against serious misconduct without waiting for the final outcome of national procedures.

Single integrated IT system for data-mining and risk-scoring

The proposal aims to improve the quality and interoperability of data on recipients of Union funding and on those ultimately benefitting, directly or indirectly, from Union funding. To effectively prevent, detect, investigate and correct frauds or remedy irregularities, it is necessary to be able to identify the natural persons who are the beneficial owners of the recipients and who ultimately profit from the misuse of Union funding. This is achieved by standardising the electronic recording and storage of data on the recipients of Union funding and their beneficial owners for control and audit purposes. Moreover, there would be an obligation to use a single integrated IT system for data-mining and risk-scoring (provided by the Commission) to access and analyse those data on the recipients of Union funding. This system would considerably facilitate the identification of risks of fraud, corruption, double funding, conflict of interest and other irregularities.

Transparency

The proposal aims to improve the information provided to the public on the use of the Union budget and on recipients of Union funding. This is achieved by requiring Member States implementing the Union budget under shared management, entities implementing the Union budget under indirect management, and other Union institutions and bodies to send information to the Commission on their recipients of Union funding at least once a year. The Commission would add to the above information the data it has on direct management and would be responsible for consolidating, centralising and publishing the information in a database on a single website , covering all methods of Union budget implementation, including by other Union institutions and bodies.

Documents

AmendmentsDossier
231 2022/0162(COD)
2022/10/17 REGI 37 amendments...
source: 737.316
2023/02/20 BUDG, CONT 194 amendments...
source: 742.524

History

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

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