27.11.2020 |
EN |
Official Journal of the European Union |
C 411/574 |
P8_TA(2019)0038
Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States ***I
Amendments adopted by the European Parliament on 17 January 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324 — C8-0178/2018 — 2018/0136(COD)) (1)
(Ordinary legislative procedure: first reading)
(2020/C 411/49)
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 1 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 2
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 2 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 3
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 8 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 10 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 11 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 11 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 11 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 11 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 11 e (new)
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 15
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 15 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 29
Proposal for a regulation
Article 2 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Article 2 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Article 2 — paragraph 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 2 a (new)
Text proposed by the Commission |
Amendment |
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Article 2 a |
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Generalised deficiencies |
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The following shall, in particular, be considered generalised deficiencies as regards the rule of law where they affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union: |
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Amendment 33
Proposal for a regulation
Article 3 — title
Text proposed by the Commission |
Amendment |
Measures |
Risks for the financial interests of the Union |
Amendment 34
Proposal for a regulation
Article 3 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. Appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union , in particular: |
1. A generalised deficiency as regards the rule of law in a Member State may be established when one or more of the following , in particular , are affected or risk being affected : |
Amendment 35
Proposal for a regulation
Article 3 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 36
Proposal for a regulation
Article 3 — paragraph 1 — point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 37
Proposal for a regulation
Article 3 — paragraph 1 — point a b (new)
Text proposed by the Commission |
Amendment |
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Amendment 38
Proposal for a regulation
Article 3 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 39
Proposal for a regulation
Article 3 — paragraph 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 40
Proposal for a regulation
Article 3 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 41
Proposal for a regulation
Article 3 — paragraph 1 — point e a (new)
Text proposed by the Commission |
Amendment |
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Amendment 42
Proposal for a regulation
Article 3 — paragraph 1 — point f
Text proposed by the Commission |
Amendment |
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Amendment 43
Proposal for a regulation
Article 3 — paragraph 1 — point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 44
Proposal for a regulation
Article 3 — paragraph 2
Text proposed by the Commission |
Amendment |
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2. The following may, in particular, be considered generalised deficiencies as regards the rule of law, |
deleted |
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Amendment 45
Proposal for a regulation
Article 3 a (new)
Text proposed by the Commission |
Amendment |
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Article 3 a |
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Panel of independent experts |
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1. The Commission shall establish a panel of independent experts (‘the Panel’). |
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The Panel shall be composed of independent experts in constitutional law and financial and budgetary matters. One expert shall be appointed by the national parliament of each Member State and five experts shall be appointed by the European Parliament. The composition of the Panel shall ensure gender balance. |
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Whenever appropriate, representatives of relevant organisations and networks, such as the European Federation of Academies of Sciences and Humanities, the European Network of National Human Rights Institutions, the bodies of the Council of Europe, the European Commission for the efficiency of justice, the Council of Bars and Law Societies of Europe, the Tax Justice Network, the United Nations, the Organization for Security and Co-operation in Europe and the Organisation for Economic Co-operation and Development, may be invited as observers to the Panel in accordance with the rules of procedures referred to in paragraph 6. |
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2. The advisory tasks of the Panel shall have as their objective to assist the Commission in identifying generalised deficiencies as regards the rule of law in a Member State that affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union. |
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The Panel shall assess the situation in all Member States annually on the basis of quantitative and qualitative criteria and information, having due regard to the information and guidance referred to in Article 5(2). |
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3. Each year the Panel shall make public a summary of its findings. |
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4. As part of its advisory task and taking into account the outcome of the considerations under paragraph 2, the Panel may express an opinion about a generalised deficiency as regards the rule of law in a Member State. |
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When expressing an opinion the Panel shall endeavour to reach a consensus. If no such consensus can be reached, the Panel shall express its opinion by a simple majority of its members. |
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5. When adopting implementing acts pursuant to Article 5(6) and Article 6(2), the Commission shall take into account any relevant opinion expressed by the Panel in accordance with paragraph 4 of this Article. |
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6. The Panel shall elect its chairperson from among its members. The Panel shall establish its rules of procedure. |
Amendment 46
Proposal for a regulation
Article 4 — title
Text proposed by the Commission |
Amendment |
Content of measures |
Measures for the protection of the Union budget |
Amendment 47
Proposal for a regulation
Article 4 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. One or more of the following appropriate measures may be adopted |
1. When the conditions of Article 3 are fulfilled, one or more of the following measures may be adopted: |
Amendment 48
Proposal for a regulation
Article 4 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The measures taken shall be proportionate to the nature, gravity and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency. |
3. The measures taken shall be proportionate to the nature, gravity , duration and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency. |
Amendment 49
Proposal for a regulation
Article 4 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. The Commission shall provide information and guidance for the benefit of final recipients or beneficiaries on the obligations by Member States referred to in paragraph 2 via a website or internet portal. |
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The Commission shall also provide, on the same website or portal, adequate tools for final recipients or beneficiaries to inform the Commission about any breach of these obligations that, in the view of these final recipients or beneficiaries, directly affects them. This paragraph shall be applied in a manner that ensures protection of persons reporting on breaches of Union law, in line with the principles set out in Directive XXX (Directive on the protection of persons reporting on breaches of Union law). Information provided by final recipients or beneficiaries in accordance with this paragraph may only be taken into account by the Commission if accompanied by a proof that the concerned final recipient or beneficiary has lodged a formal complaint to the competent authority. |
Amendment 50
Proposal for a regulation
Article 4 — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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3b. Based on the information provided by the final recipients or beneficiaries in accordance with paragraph 3 a, the Commission shall ensure that any amount due by government entities or Member States in accordance with paragraph 2 is effectively paid to final recipients or beneficiaries. Where necessary: |
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Amendment 51
Proposal for a regulation
Article 5 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding |
1. Where the Commission , taking into account any opinions of the Panel, finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding . The Commission shall without delay inform the European Parliament and the Council of such notification and its contents. |
Amendment 52
Proposal for a regulation
Article 5 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations. |
2. When assessing whether the conditions of Article 3 are fulfilled, the Commission shall take into account all relevant information, including opinions of the Panel, decisions of the Court of Justice of the European Union, resolutions of the European Parliament, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks . The Commission shall also take into account the criteria used in the context of Union accession negotiations, in particular the chapters of the acquis on judiciary and fundamental rights, justice, freedom and security, financial control and taxation, as well as the guidelines used in the context of the Cooperation and Verification Mechanism to track the progress of a Member State. |
Amendment 53
Proposal for a regulation
Article 5 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The Member State concerned shall provide all required information and may make observations within a time limit specified by the Commission, which shall not be less than 1 month from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures. |
4. The Member State concerned shall provide the required information and may make observations within a time limit specified by the Commission, which shall not be less than one month nor more than three months from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures. |
Amendment 54
Proposal for a regulation
Article 5 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission shall take into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to submit a proposal for a decision on the appropriate measures. |
5. The Commission shall take into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to adopt a decision on any measures referred to in Article 4 . The Commission shall decide on the follow-up to be given to the information received within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of receipt of that information. |
Amendment 55
Proposal for a regulation
Article 5 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. When assessing the proportionality of the measures to be imposed, the Commission shall have due regard to the information and guidance referred to in paragraph 2. |
Amendment 56
Proposal for a regulation
Article 5 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council . |
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall adopt a decision on the measures referred to in Article 4 by means of an implementing act . |
Amendment 57
Proposal for a regulation
Article 5 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted. |
Amendment 58
Proposal for a regulation
Article 5 — paragraph 6 b (new)
Text proposed by the Commission |
Amendment |
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6b. By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8) of the Financial Regulation shall apply. |
Amendment 59
Proposal for a regulation
Article 5 — paragraph 6 c (new)
Text proposed by the Commission |
Amendment |
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6c. The decision referred to in paragraph 6 shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b. |
Amendment 60
Proposal for a regulation
Article 5 — paragraph 7
Text proposed by the Commission |
Amendment |
7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission. |
Deleted |
Amendment 61
Proposal for a regulation
Article 5 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The Council, acting by a qualified majority, may amend the Commission’s proposal and adopt the amended text as a Council decision. |
deleted |
Amendment 62
Proposal for a regulation
Article 6 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist. |
1. The Member State concerned may, at any time, submit to the Commission a formal notification including evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist. |
Amendment 63
Proposal for a regulation
Article 6 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission shall assess the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6 and 7 of Article 5 shall apply. |
2. At the request of the Member State concerned or on its own initiative, the Commission , taking into account any opinions of the Panel, shall assess the situation in the Member State concerned within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of receipt of the formal notification . Once the generalised deficiencies as regards the rule of law which on the grounds of which the measures referred to in Article 4 were adopted cease to exist in full or in part, the Commission shall , without delay, adopt a decision lifting those measures in full or in part. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to lift, in full or in part, the budgetary reserve referred to in Article 5(6a). The procedure set out in paragraphs 2, 4, 5, 6 , 6b and 6c of Article 5 shall apply. |
Amendment 64
Proposal for a regulation
Article 6 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2. |
3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2. As from year n+3, an amount equivalent to the suspended commitments shall be entered in the Union Reserve for Commitments provided for in Article 12 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). |
Amendment 65
Proposal for a regulation
Article 7
Text proposed by the Commission |
Amendment |
Article 7 |
deleted |
Information of the European Parliament |
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The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4 and 5 |
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Amendment 66
Proposal for a regulation
Article 7 a (new)
Text proposed by the Commission |
Amendment |
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Article 7a Reporting The Commission shall report to the European Parliament and the Council on the application of this Regulation, in particular on the effectiveness of the measures adopted, if any, at the latest five years after its entry into force. The report shall be accompanied where necessary by appropriate proposals. |
Amendment 67
Proposal for a regulation
Article 8 — paragraph 1
Text proposed by the Commission |
Amendment |
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021. |
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. |
Amendment 68
Proposal for a regulation
Article 8 a (new)
Text proposed by the Commission |
Amendment |
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Article 8 a Inclusion in the Financial Regulation The contents of this Regulation shall be inserted into the Financial Regulation upon its next revision. |
(1) The matter was referred back for interinstitutional negotiations to the committees responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0469/2018).
(7) Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C-496/99 PECLI:EU:C:2004:236, paragraph 63.
(8) Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10.
(9) Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19.
(10) Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB, C-279/09, ECLI:EU:C:2010:811, paragraph 58.
(11) Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C-64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41.
(12) Communication from the Commission ‘A new EU Framework to strengthen the Rule of Law’, COM(2014)0158, Annex I.
(7) Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C-496/99 PECLI:EU:C:2004:236, paragraph 63.
(8) Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10.
(9) Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19.
(10) Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB, C-279/09, ECLI:EU:C:2010:811, paragraph 58.
(11) Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C-64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41 ; judgment of the Court of Justice of 25 July 2018, LM, C-216/18 PPU, ECLI:EU:C:2018:586, paragraphs 63-67 .
(12) Communication from the Commission ‘A new EU Framework to strengthen the Rule of Law’, COM(2014)0158, Annex I.
(12a) Report of the Venice Commission of 4 April 2011 Study No. 512/2009 (CDL-AD(2011)003rev).
(1a) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).