2011/0454(COD)
Protection of the European Union's financial interests: Hercule III programme, 2014-2020
| BUDG | CONT | LIBE | |
| Lead Rapporteur | MACOVEI Monica Luisa (EPP) | ||
| Opinion Rapporteur(s) | ASHWORTH Richard (ECR) |
Legal basis: TFEU TFEU 325-p4
Awaiting Parliament 1st reading / single reading / budget 1st stage
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | BUDG | ASHWORTH Richard (ECR) | |
| Lead | CONT | MACOVEI Monica Luisa (EPP) | GEIER Jens (S&D), SKYLAKAKIS Theodoros (ALDE), STAES Bart (Verts/ALE), CZARNECKI Ryszard (ECR), DE JONG Cornelis (GUE/NGL), ANDREASEN Marta (EFD), EHRENHAUSER Martin (NI) |
| Opinion | LIBE |
Legal Basis TFEU TFEU 325-p4
Activites
-
2012/11/23
Committee report tabled for plenary, 1st reading/single reading
-
A7-0385/2012
summary
The Committee on Budgetary Control adopted the report by Monica Luisa MACOVEI (EPP, RO) on the proposal for a regulation of the European Parliament and of the Council on the Hercule III programme to promote activities in the field of the protection of the European Union's financial interests. The committee recommends that the position of the European Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: The Programmes added value: Members consider that the Programme should also contribute to: · an increased transparency in the use of the funds relating to the protection of the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting; · an increased cooperation and coordination within the Commission's services, between the Commission and the Member States and between the different Member States. Key performance indicators, including target levels and baselines, shall be developed by the Commission in order to assess the effectiveness of the Programme, and in particular its specific objective. Members feel that the operational objectives of the Programme should be found in the main body of the proposed Regulation rather than in the Annexes. Eligible actions: the proposed Regulation should provide finance for the maintenance costs of technical equipment purchased under the Programme. The equipment co-financed by the Programme shall be used exclusively for the protection of the financial interests of the Union. Furthermore, the organisation of targeted specialised training shall aim at exchanging experience and best practices between the relevant authorities in the Member States, and third countries, including specialised law enforcement services, as well as representatives of international public organisations. Types of financing and financing: at the request of the Commission, beneficiaries of the Programme shall transmit detailed data about their activities funded under the Programme in order to increase transparency and accountability as well as to assess the effectiveness and efficiency of the Programme. Members require that the co-financing rate for grants awarded under the programme shall not be less than 50% and shall not exceed 80 % of the eligible costs. The cofinancing rate shall not exceed: (i) 90 % of the eligible costs in cases of vulnerable and high-risk Member States; (ii) 30% of the eligible costs in respect of the funding of the maintenance of technical material purchases under the Programme. The co-financing rate shall be inversely proportional to the total amount per annum the Member States receive as revenue derived from the agreements concluded by the Commission and Member States with four major tobacco companies. Multiannual work plans: in order to implement the Programme, the Commission shall adopt annual work programmes to carry out the multiannual work plans and indicative timetables for the call of proposals for the period covered by the multiannual work plan. The annual work programmes shall specify the criteria for the awarding of a grant covering the maintenance of the technical equipment purchased under the Programme. The Commission shall provide the European Parliament and the Council, with information on the annual implementation of the Programme on an annual basis. Protection of the financial interests of the Union: the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. Implementation: in order to provide for a detailed but flexible framework for implementation, the power to adopt delegated acts shall be delegated to the Commission in respect of: (i) the revision of the operational objectives and general allocation of funds, (ii) the adoption of key performance indicators, (iii) the eligible actions, (iv) the establishment of criteria defining vulnerable and high-risk Member States for co-financing, and (v) the updating or revision of the multiannual plans. Financial envelope: the report points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020. The amendments proposed by the committee stress the role of the budgetary authority in this regard.
- BUDG ASHWORTH Richard ECR
- CONT CONT/7/08304 MACOVEI Monica Luisa EPP
- LIBE
-
A7-0385/2012
summary
- 2012/11/15 Vote in committee, 1st reading/single reading
- 2012/10/23 Amendments tabled in committee
- 2012/09/18 Committee draft report
- 2012/01/19 Committee referral announced in Parliament, 1st reading/single reading
-
2011/12/19
Legislative proposal
-
COM(2011)0914
summary
PURPOSE: to establish the programme "Hercule III" to fight fraud, corruption and any other illegal activities affecting the financial interests of the Union. BACKGROUND: Decision 804/2004/EC established the Hercule I programme and Decision 878/2007/EC extended this programme over the period 2007 to 2013, as Hercule II. The latter placed specific emphasis on the fight against cigarette smuggling and counterfeiting to reflect the legal obligations of the Commission stemming from the Anti-Contraband and Anti-Counterfeiting Agreement with Philip Morris International signed in 2004. It was the first of the agreements signed with international cigarette manufacturers under which, in recognition of more than US$ 2 billion to be paid by them into national and the Union Budgets over periods of up to 20 years, the Commission and Member States agreed that European efforts to suppress the illegal traffic in tobacco products would be enhanced. The annual provision for Hercule was duly increased from 2007. As the legal basis for Hercule II will expire at the end of 2013, its replacement should ensure the continuity of European support for the activities carried out by the Commission and Member States in providing better information, carrying out studies and providing training or technical and scientific assistance in the fight against fraud. Under the Treaty on the Functioning of the EU, the protection of the Union's financial interests against fraud, corruption and any other illegal activities affecting the financial interests of the Union is a shared responsibility between the Commission and Member States. The Hercule III programme concerns this specific sphere of activity of the Commission and its cooperation with Member States competent authorities, as well as with the other European institutions and bodies, particularly OLAF. It is essential that there should continue to be an instrument specifically dedicated to fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union. IMPACT ASSESSMENT: the Commission carried out an impact assessment. Four options, with their impact on the budget, were considered. Option 1: to continue the programme with the same level of funding (baseline scenario); Option 2: to renew the Hercule programme with improved objectives and a better methodology, including in particular a higher maximum rate of co-financing for technical support such as the procurement of equipment; Option 3: to significantly alter the distribution between the different spending objectives and put much greater support on operational and law enforcement activities; Option 4: discontinue the Hercule programme, with the possibility of continuing some actions under other Union co-financing programmes and/or to leave other actions to the Member States. In view of the past experience, the option to renew the programme with improved objectives and a better methodology is the preferred option (option 2) with a budgetary envelope in real prices which remains similar to the current envelope (approximately EUR 15 million per year). In contrast, Option 3 would result in an imbalance to the detriment of specific support for actions of prevention and detection of fraud and it might lead to confusion with regard to the attribution of responsibilities between Member States and the European Union. Member States are primarily responsible for the fight against fraud. Discontinuing the programme would reduce expenditure at Union level, without creating real economies and offsetting resources at national level or in the framework of another Union programme. LEGAL BASIS: Article 325 TFEU. CONTENT: this proposal establishes the Hercule III programme to promote activities against fraud, corruption and any other illegal activities affecting the financial interests of the Union. This objective shall be measured, inter alia, through the amount of recoveries following fraud cases detected by joint actions and cross border operations, the increased percentage of successful joint operations, and the increased number of cases accepted by the criminal investigative authorities. The Programme shall run from 1 January 2014 to 31 December 2020. Purpose: the aims are to: · target exclusively the protection of the financial interests of the Union, in the context of a long term vision which is coherent with other Union objectives, on the basis of the priorities defined each year for this specific field of expertise; · allow the implementation of other Union programmes to focus on priorities other than the protection of the financial interests; · fully take into account the results of the actions already co-financed in the past in this field, including in terms of targeted beneficiaries and geographical balance; · have direct impact on not only some Member States investigations, but also on OLAF investigations. Added value: the programme in particular creates savings deriving from the collective procurement of specialised equipment and databases to be used by the stakeholders and those derived from the collective specialised training. An increased effectiveness of the cross-border operations is expected on the basis of common technical standards and joint training. The Programme shall contribute to: · developing the activities at Union level and the Member States to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting; · an increased transnational cooperation at the Union level and in particular to the effectiveness of the cross-border operations; · an effective prevention of fraud, corruption and any other illegal activities affecting the financial interests of the Union, by offering joint specialised training for staff of national, regional administrations and to other stakeholders. Bodies eligible for funding: these are (i) national or regional administrations of a Member State or a third country which promote the strengthening of action at Union level to protect the Union's financial interests; (ii) research and educational institutes and non-profit making entities provided that they have been established and have been operating for at least one year, in a Member State or in a third country. Eligible actions: the Programme shall provide financial support for the following actions: (a) Provision of specialised technical assistance for national authorities through: · providing specific knowledge, specialised and technically advanced equipment and effective information technology (IT) tools facilitating transnational cooperation and cooperation with the Commission; · ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross border operations; · supporting Member States' capacity to store and destroy seized cigarettes as well as independent analytical services for the analysis of seized cigarettes; · enhancing staff exchanges for specific projects, in particular in the field of the fight against cigarette smuggling and counterfeiting; · providing technical and operational support for the law enforcement authorities of the Member States in their fight against illegal cross border activities and fraud affecting the Union financial interests, including in particular support for customs authorities; · building information technology capacity throughout the Member States and third countries by providing specific databases and IT tools facilitating data access and analysis; · increasing data exchange, developing and providing IT tools for investigations, and monitoring intelligence work. (b) Organisation of specialised training, and risk analysis training workshops, as well as conferences, aimed at: · further fostering better understanding of Union and national mechanisms; · exchanging experience between the relevant authorities in Member States, and third countries as well as representatives of international organisations, including specialised law enforcement services; · coordinating the activities of Member States, third countries, and international public organisations; · disseminating knowledge, particularly on better identification of risk for investigative purposes; · developing high-profile research activities, including studies; · improving cooperation between practitioners and academics; · further raising the awareness of the judiciary and other branches of the legal profession for the protection of the financial interests of the Union. (c) Any other action, provided by the annual work programmes, which is necessary for attaining the general and specific objectives provided for in the text. BUDGETARY IMPLICATIONS: the programme will cover the period 2014-2020, and the overall budgetary envelope is EUR 110 000 000 in current prices. This amount is in line with the Commission's Communication on the next Multi-Annual financial framework for the period 2014-2020: ''A Budget for Europe 2020''.
- SEC(2011)1611
- DG {u'url': u'http://ec.europa.eu/dgs/olaf/', u'title': u'European Anti-Fraud Office (OLAF)'}, ŠEMETA Algirdas
-
COM(2011)0914
summary
Documents
- Legislative proposal published: COM(2011)0914
- Document attached to the procedure: SEC(2011)1611
- Committee draft report: PE496.377
- Amendments tabled in committee: PE498.050
- Committee report tabled for plenary, 1st reading/single reading: A7-0385/2012
| Amendments | Dossier |
| 53 |
2011/0454(COD) Protection of the European Union's financial interests: Hercule III programme, 2014-2020
2012/10/16
BUDG
16 amendments...
Amendment 13 #
Draft legislative resolution Paragraph 1 a (new) 1a. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its policy priorities or projects could be dropped altogether, despite their proven European added value; ___________ 1 Texts adopted, P7_TA(2011)0266.
Amendment 14 #
Proposal for a regulation Recital 9 (9) The Commission should present to the European Parliament and to the Council an
Amendment 15 #
Proposal for a regulation Article 4 – paragraph 2 This objective shall be measured, inter alia, through the amount of recoveries following fraud cases detected by joint actions and cross border operations, the increased percentage of successful joint operations, and the increased number of cases accepted by the criminal investigative authorities, and the increased exchange of information on the results achieved with the technical material purchased under the Programme.
Amendment 16 #
Proposal for a regulation Article 6 – paragraph 3 3. Representatives of countries forming part of the stabilisation and association process for countries of South-Eastern Europe, the Russian Federation, and certain countries with which the Union has concluded an agreement for mutual assistance in fraud-related matters, and representatives of international and other relevant organisations, may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 3 and 4. The
Amendment 17 #
Proposal for a regulation Article 7 – paragraph 1 – point a – indent 7 – increasing data exchange, including between the Member States and the Commission, developing and providing IT tools for investigations, and monitoring intelligence work.
Amendment 18 #
Proposal for a regulation Article 7 – paragraph 1 – point b – indent 2 – exchanging experience between the relevant authorities in the Member States, and third countries as referred to in Article 6(2), including specialised law enforcement services, as well as representatives of international public organisations as mentioned in Article 6
Amendment 19 #
Proposal for a regulation Article 7 – paragraph 1 – point b – indent 5 – developing high-profile research activities, including comparative-law studies;
Amendment 20 #
Proposal for a regulation Article 8 – paragraph 1 Amendment 21 #
Proposal for a regulation Article 8 – paragraph 1 a (new) The budgetary authority shall authorise the available annual appropriations without prejudice to the provisions of the Council Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.
Amendment 22 #
Proposal for a regulation Article 9 – paragraph 2 – point a a) grants, including relating to the maintenance of technical material purchased under the Programme;
Amendment 23 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. The maintenance of equipment shall be conducted and financed by the owner of the equipment, ie. by the respective national customs authorities in the Member States.
Amendment 24 #
Proposal for a regulation Article 9 – paragraph 4 4. The co-financing rate for grants awarded under the programme shall not exceed
Amendment 25 #
Proposal for a regulation Article 9 – paragraph 4 4. The co-financing rate for grants awarded under the
Amendment 26 #
Proposal for a regulation Article 10 – paragraph 1 In order to implement the Programme the Commission shall adopt annual work programmes. The
Amendment 27 #
Proposal for a regulation Article 10 – paragraph 1 In order to implement the Programme the Commission shall adopt annual work programmes. They shall set out the objectives pursued, the expected results, the method of implementation and their total amount. The annual work programmes shall also specify the criteria for being awarded a grant covering the maintenance of the technical equipment purchased under the Programme. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co-financing.
Amendment 28 #
Proposal for a regulation Article 10 – paragraph 2 Budget allocated to communication actions to be carried out by the Commission under this Regulation shall also cover the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.
source: PE-497.922
2012/10/23
CONT
37 amendments...
Amendment 23 #
Proposal for a regulation Recital 1 (1) The Union and the Member States have set themselves the objective of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union, including cigarette smuggling and counterfeiting. Together with the Commission, the Member States should
Amendment 24 #
Proposal for a regulation Recital 1 (1) The Union and the Member States have set themselves the objective of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union, including tobacco and cigarette smuggling a
Amendment 25 #
Proposal for a regulation Recital 2 (2) Activities with the aim of providing better information, specialised training or technical and scientific assistance help significantly to protect the financial interests of the Union and at the same time to attain an equivalent level of protection across the Union. The allocation of resources to the several points of entry should be risk-based and allocation mechanisms should be able to quickly adjust to changing circumstances.
Amendment 26 #
Proposal for a regulation Recital 5 (5) To continue and even develop the activities at Union and Member State level to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against tobacco and cigarette smuggling a
Amendment 27 #
Proposal for a regulation Recital 5 (5) To continue and even develop the activities at Union and Member State level to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting, also taking into account the new challenges in a context of budgetary austerity, a new programme based on the results of an analysis of the existing programme should be adopted.
Amendment 28 #
Proposal for a regulation Recital 10 (10) This Regulation complies with the principles of subsidiarity and proportionality. The Hercule III programme facilitates cooperation between the Member States and between the Commission and the Member States in order to protect the financial interests of the Union,
Amendment 29 #
Proposal for a regulation Recital 11 a (new) (11 a) In order to provide for a detailed but flexible framework for implementation, power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the revision of the operational objectives and general allocation of funds, the adoption of key performance indicators and the eligible actions, the establishment of criteria defining vulnerable and high-risk Member States for co-financing and the updating or revision of the multiannual plans established pursuant to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 30 #
Proposal for a regulation Recital 12 (12) The Commission should adopt the annual work programmes setting out
Amendment 31 #
Proposal for a regulation Recital 12 (12) The Commission should adopt the annual work programmes setting out the priorities,
Amendment 32 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) developing the activities at Union level and the Member States to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union, including the fight against tobacco and cigarette smuggling a
Amendment 33 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) an increased transnational cooperation and coordination at the Union level and in particular to the effectiveness and efficiency of the cross-border operations specifically delivering added value to already existing activities in this field in and between Member States and at Union level (such as activities of DG HOME, DG JUST, DG TAXUD and OLAF);
Amendment 34 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (c a) increasing cooperation and coordination within the Commission's services, between the Commission and the Member States and between the different Member States.
Amendment 35 #
Proposal for a regulation Article 3 – paragraph 1 The general objective of the Programme shall be to protect the financial interest of the Union thus
Amendment 36 #
Proposal for a regulation Article 4 – paragraph 1 a (new) The Commission shall be empowered to adopt delegated acts, in accordance with Article 12a establishing specific key performance indicators.
Amendment 37 #
Proposal for a regulation Article 4 – paragraph 2 This specific objective shall be measured taking into account the key performance indicators, inter alia, through the amount of seizures, confiscations and recoveries following fraud cases detected by joint actions and cross border operations, the
Amendment 38 #
Proposal for a regulation Article 4 – paragraph 2 a (new) The Commission shall be empowered to adopt delegated acts, in accordance with Article 12a concerning the modification of the operational objectives of the Programme, as set out in Article 4a.
Amendment 39 #
Proposal for a regulation Article 4 – paragraph 2 b (new) The Commission shall be empowered to adopt delegated acts, in accordance with Article 12a concerning the general allocation of funds to the operational objectives of the Programme as set out in Article 4a and the definition of the operational objectives for the use of unallocated funds in accordance with Regulation (EU) No …/2012 [the Financial Regulation].
Amendment 40 #
Proposal for a regulation Article 7 – paragraph 1 – point a – indent 1 – providing specific knowledge, specialised and technically advanced equipment and effective information technology (IT) tools facilitating transnational cooperation and cooperation with the Commission; in accordance with Article 3, the equipment co-financed by the programme shall be used exclusively for the protection of the financial interests of the Union;
Amendment 41 #
Proposal for a regulation Article 7 – paragraph 1 – point a – indent 2 – ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross border operations, whilst respecting the distinct traditions of each Member State;
Amendment 42 #
Proposal for a regulation Article 7 – paragraph 1 – point a – indent 4 – enhancing staff exchanges for specific projects, in particular in the field of the fight against tobacco and cigarette smuggling a
Amendment 43 #
Proposal for a regulation Article 7 – paragraph 1 – point a – indent 6 – building information technology capacity throughout the Member States and third countries as referred to in Article 6(2) by developing and providing specific databases and IT tools facilitating data access and analysis. The Commission shall ensure that any potential overlaps between different systems and databases co-financed by the programme will be avoided;
Amendment 44 #
Proposal for a regulation Article 7 – paragraph 1 – point a – indent 7 a (new) - financing for maintenance costs of technical equipment purchased under the Programme;
Amendment 45 #
Proposal for a regulation Article 7 – paragraph 1 – point b – indent 2 – exchanging experience and best practices between the relevant authorities in the Member States, and third countries as referred to in Article 6(2) as well as representatives of international organisations as mentioned in Article 6 (3), including specialised law enforcement services;
Amendment 46 #
Proposal for a regulation Article 7 – paragraph 1 – point b – indent 2 – exchanging experience between the relevant authorities in the Member States, and third countries as referred to in Article 6(2), including specialised law enforcement services, as well as representatives of international organisations as mentioned in Article 6 (3), including specialised law enforcement services;
Amendment 47 #
Proposal for a regulation Article 7 – paragraph 2 a (new) The Commission shall be empowered to adopt delegated acts in accordance with Article 12a concerning amendments to this Article in order to take account of specific key performance indicators and of developments not foreseen at the time of adoption of this Regulation.
Amendment 48 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. The maintenance of equipment is conducted and financed by the owner of the equipment, hence the respective national customs authority in the Member States.
Amendment 49 #
Proposal for a regulation Article 9 – paragraph 4 4. The co-financing rate for grants awarded under the programme shall not exceed
Amendment 50 #
Proposal for a regulation Article 9 – paragraph 4 4. The co-financing rate for grants awarded under the programme shall not be less than 50% and not exceed 80
Amendment 51 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. The Commission shall be empowered to adopt delegated acts, in accordance with Article 12a concerning the establishment of criteria for the definition of vulnerable and high-risk Member States, based inter alia on geographical and border location, volume of freight, customs operations and relevant latest available statistics published by Eurostat enabling to annually analyse and evaluate the risk of illegal activities.
Amendment 52 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4 a. Member States shall be encouraged to have increased financial contribution under the co-financing rate for grants awarded under the Programme.
Amendment 53 #
Proposal for a regulation Article 10 – title Amendment 54 #
Proposal for a regulation Article 10 – paragraph 1 In order to implement the Programme the Commission shall adopt annual work programmes. They shall set out the objectives pursued, the expected results, the method of implementation and their total amount. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. They shall include for grants the priorities, the essential evaluation criteria and the maximum rate of co-financing. After completion, these annual work programmes shall be sent to European Parliament and Council.
Amendment 55 #
Proposal for a regulation Article 10 Amendment 56 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission shall provide
Amendment 57 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 An independent and thorough evaluation of the Programme shall be carried out by the Commission. No later than by 31 December 2017, an evaluation report shall be established by the Commission on the achievement of the objectives of all the measures, results and impacts, the efficiency of the use of resources and its European added value, in view of a decision on the renewal, modification or suspension of the measures. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account the evaluation results on the
Amendment 58 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 2 In addition, by 31 December 2021, the Commission shall present to the European Parliament and to the Council an evaluation report on the achievements of the objectives of the
Amendment 59 #
Proposal for a regulation Article 12 a (new) Article 12 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(1a) and (2a), the second paragraph of Article 7, Article 9(4a) and Article 10(1) shall be conferred on the Commission for a period of seven years from ...*. 3. The delegation of power referred to in Articles 4(1a) and (2a), the second paragraph of Article 7, Article 9(4a) and Article 10(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to 4(1a) and (2a), the second paragraph of Article 7, Article 9(4a) and Article 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _______________ * OJ: please insert the date of entry into force of this Regulation.
source: PE-498.050
|
History
(these mark the time of scraping, not the official date of the change)
| activities/0 | added |
|
|
| activities/1/body | changed |
Old
unknownNew
EP |
|
| activities/1/committees | added |
|
|
| activities/1/date | changed |
Old
2012-11-15New
2012-01-19 |
|
| activities/1/type | changed |
Old
Vote en commission, 1ère lecture/lecture uniqueNew
Committee referral announced in Parliament, 1st reading/single reading |
|
| activities/2/body | changed |
Old
unknownNew
EP |
|
| activities/2/date | changed |
Old
2012-01-19New
2012-09-18 |
|
| activities/2/docs | added |
|
|
| activities/2/type | changed |
Old
Annonce en plénière de la saisine de la commission, 1ère lecture/lecture uniqueNew
Committee draft report |
|
| activities/3 | added |
|
|
| activities/4/body | changed |
Old
unknownNew
EP |
|
| activities/4/committees | added |
|
|
| activities/4/date | changed |
Old
2011-12-19New
2012-11-15 |
|
| activities/4/docs | deleted |
|
|
| activities/4/type | changed |
Old
Publication de la proposition législativeNew
Vote in committee, 1st reading/single reading |
|
| activities/5/body | changed |
Old
unknownNew
EP |
|
| activities/5/committees | added |
|
|
| activities/5/docs/0/text/0 | changed |
Old
La commission du contrôle budgétaire a adopté le rapport de Monica Luisa MACOVEI (PPE, RO) sur la proposition de règlement du Parlement européen et du Conseil relatif au programme Hercule III pour la promotion d'actions dans le domaine de la protection des intérêts financiers de l'Union européenne. La commission parlementaire recommande que la position du Parlement européen adoptée en première lecture suivant la procédure législative ordinaire modifie la proposition de la Commission comme suit : Valeur ajoutée du programme : les députés sont davis que le programme devrait également contribuer :
La Commission devrait élaborer des indicateurs de performance clés, y compris des niveaux cibles et des bases, afin d'évaluer l'efficacité du programme, en particulier son objectif spécifique. Les députés estiment que lénumération des objectifs opérationnels du programme devrait figurer dans le corps du règlement plutôt que dans les annexes. Actions admissibles : le règlement devrait prévoir un financement des coûts d'entretien liés au matériel technique acheté dans le cadre du programme. Le matériel cofinancé grâce au programme serait utilisé exclusivement aux fins de la protection des intérêts financiers de l'Union. De plus, les formations spécialisées ciblées devraient viser à organiser le partage des meilleures pratiques acquises entre les autorités concernées des États membres et les pays tiers, et notamment les services répressifs spécialisés ainsi que les représentants des organisations publiques internationales. Types d'intervention financière et cofinancement : à la demande la Commission, les bénéficiaires du programme devraient transmettre des informations détaillées à propos des activités ayant bénéficié d'un financement au titre du programme, afin d'accroître la transparence et la responsabilisation et d'évaluer l'efficacité du programme. Les députés demandent que le taux de cofinancement pour les subventions octroyées au titre du programme ne soit pas inférieur à 50% et n'excède pas 80% des coûts éligibles. Le taux de cofinancement ne devrait pas excéder : i) 90% des coûts éligibles dans les cas d'États membres vulnérables et à haut risque ; ii) 30% des coûts éligibles en ce qui concerne le financement de l'entretien du matériel technique acheté dans le cadre du programme. Le niveau de cofinancement devrait dépendre, entre autres facteurs, des recettes supplémentaires disponibles que les États membres tirent desdits accords conclus par la Commission et les États membres avec les quatre principales entreprises du secteur du tabac. Plans de travail pluriannuels : aux fins de la réalisation du programme, la Commission devrait adopter des programmes de travail annuels destinés à la mise en uvre des plans de travail pluriannuels ainsi que des calendriers indicatifs concernant l'appel à propositions pour la période couverte par le plan de travail pluriannuel. Ces plans préciseraient les critères à remplir pour l'octroi d'une subvention destinée à l'entretien des équipements techniques achetés dans le cadre du programme. À des fins de transparence accrue, la Commission devrait tenir, sur une base annuelle, le Parlement européen et le Conseil informés de la mise en uvre du programme. Protection des intérêts financiers de l'Union : les députés souhaitent que l'Office européen de lutte antifraude (OLAF) puisse mener des enquêtes, et notamment effectuer des contrôles et vérifications sur place en vue d'établir l'existence éventuelle d'une fraude, d'un acte de corruption ou de toute autre activité illégale portant atteinte aux intérêts financiers de l'Union. Mise en uvre : afin de fournir un cadre de mise en uvre détaillé mais flexible, la Commission devrait être habilitée à adopter des actes délégués en ce qui concerne : i) la révision des objectifs opérationnels et l'affectation générale des fonds, ii) l'adoption d'indicateurs de performance clés, iii) le choix des actions éligibles, iv) l'établissement des critères permettant de définir les États membres vulnérables et à haut risque pour ce qui est du cofinancement ainsi que v) la mise à jour ou la révision des plans pluriannuels. Enveloppe financière : le rapport fait observer que l'enveloppe financière précisée dans la proposition législative n'est qu'une indication destinée à l'autorité législative et qu'elle ne pourra pas être fixée tant qu'un accord n'aura pas été obtenu sur la proposition de règlement établissant le cadre financier pluriannuel pour la période 2014-2020. Les amendements proposés par les députés soulignent le rôle de l'autorité budgétaire dans ce contexte. New
The Committee on Budgetary Control adopted the report by Monica Luisa MACOVEI (EPP, RO) on the proposal for a regulation of the European Parliament and of the Council on the Hercule III programme to promote activities in the field of the protection of the European Union's financial interests. The committee recommends that the position of the European Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: The Programmes added value: Members consider that the Programme should also contribute to: · an increased transparency in the use of the funds relating to the protection of the financial interests of the Union, including the fight against cigarette smuggling and counterfeiting; · an increased cooperation and coordination within the Commission's services, between the Commission and the Member States and between the different Member States. Key performance indicators, including target levels and baselines, shall be developed by the Commission in order to assess the effectiveness of the Programme, and in particular its specific objective. Members feel that the operational objectives of the Programme should be found in the main body of the proposed Regulation rather than in the Annexes. Eligible actions: the proposed Regulation should provide finance for the maintenance costs of technical equipment purchased under the Programme. The equipment co-financed by the Programme shall be used exclusively for the protection of the financial interests of the Union. Furthermore, the organisation of targeted specialised training shall aim at exchanging experience and best practices between the relevant authorities in the Member States, and third countries, including specialised law enforcement services, as well as representatives of international public organisations. Types of financing and financing: at the request of the Commission, beneficiaries of the Programme shall transmit detailed data about their activities funded under the Programme in order to increase transparency and accountability as well as to assess the effectiveness and efficiency of the Programme. Members require that the co-financing rate for grants awarded under the programme shall not be less than 50% and shall not exceed 80 % of the eligible costs. The cofinancing rate shall not exceed: (i) 90 % of the eligible costs in cases of vulnerable and high-risk Member States; (ii) 30% of the eligible costs in respect of the funding of the maintenance of technical material purchases under the Programme. The co-financing rate shall be inversely proportional to the total amount per annum the Member States receive as revenue derived from the agreements concluded by the Commission and Member States with four major tobacco companies. Multiannual work plans: in order to implement the Programme, the Commission shall adopt annual work programmes to carry out the multiannual work plans and indicative timetables for the call of proposals for the period covered by the multiannual work plan. The annual work programmes shall specify the criteria for the awarding of a grant covering the maintenance of the technical equipment purchased under the Programme. The Commission shall provide the European Parliament and the Council, with information on the annual implementation of the Programme on an annual basis. Protection of the financial interests of the Union: the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. Implementation: in order to provide for a detailed but flexible framework for implementation, the power to adopt delegated acts shall be delegated to the Commission in respect of: (i) the revision of the operational objectives and general allocation of funds, (ii) the adoption of key performance indicators, (iii) the eligible actions, (iv) the establishment of criteria defining vulnerable and high-risk Member States for co-financing, and (v) the updating or revision of the multiannual plans. Financial envelope: the report points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020. The amendments proposed by the committee stress the role of the budgetary authority in this regard. |
|
| activities/5/docs/0/type | changed |
Old
Dépôt du rapport de la commission, 1ère lecture/lecture uniqueNew
Committee report tabled for plenary, 1st reading/single reading |
|
| activities/5/docs/0/url | changed |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-385&language=FRNew
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-385&language=EN |
|
| activities/5/type | changed |
Old
Dépôt du rapport de la commission, 1ère lecture/lecture uniqueNew
Committee report tabled for plenary, 1st reading/single reading |
|
| committees/0 | added |
|
|
| committees/1 | added |
|
|
| committees/2 | added |
|
|
| links/Commission européenne | deleted |
|
|
| links/European Commission | added |
|
|
| links/National parliaments | added |
|
|
| links/Parlements nationaux | deleted |
|
|
| other/0 | added |
|
|
| procedure/Base juridique | deleted | Traité sur le fonctionnement de l'UE TFEU 325-p4 | |
| procedure/Dossier de la commission parlementaire | deleted | CONT/7/08304 | |
| procedure/Etape de la procédure | deleted | En attente de la 1ère lecture du Parlement / lecture unique / 1ère phase du budget | |
| procedure/Instrument législatif | deleted | Règlement | |
| procedure/Référence de procédure | deleted | 2011/0454(COD) | |
| procedure/Sous-type de procédure | deleted | Législation | |
| procedure/Type de procédure | deleted | COD - Procédure législative ordinaire (ex-procedure codécision) | |
| procedure/dossier_of_the_committee | added | CONT/7/08304 | |
| procedure/instrument | added | Regulation | |
| procedure/legal_basis | added |
|
|
| procedure/stage_reached | changed |
Old
En attente de la 1ère lecture du Parlement / lecture unique / 1ère phase du budgetNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
|
| procedure/subject | added |
|
|
| procedure/subtype | added | Legislation | |
| procedure/sujet | deleted |
|
|
| procedure/title | changed |
Old
Protection des intérêts financiers de l'Union européenne: programme Hercule III, 2014-2020New
Protection of the European Union's financial interests: Hercule III programme, 2014-2020 |
|
| procedure/type | changed |
Old
COD - Procédure législative ordinaire (ex-procedure codécision)New
COD - Ordinary legislative procedure (ex-codecision procedure) |
|


