Daily Archives: September 25, 2015

Report – Financial rules applicable to the general budget of the Union – A8-0049/2015 – Committee on Budgets

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union

(COM(2014)0358 – C8-0029/2014 – 2014/0180(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–       having regard to the Commission proposal to Parliament and the Council (COM(2014)0358),

–       having regard to Article 294(2) and Article 322 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community, pursuant to which the Commission submitted the proposal to Parliament (C8-0029/2014),

–       having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–       having regard to the opinion of the European Court of Auditors No 1/2015(1),

–       having regard to the letter of the European Data Protection Supervisor of 3 December 2014,

–       having regard to Rule 59 of its Rules of Procedure,

–       having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs and the Committee on Budgetary Control (A8-0049/2015),

1.      Adopts its position at first reading hereinafter set out;

2.      Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.      Instructs its President to forward its position to the Council, the Commission, the European Court of Auditors and the national parliaments

Amendment  1

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) It is important to clarify how the contracting authorities can contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that they can obtain the best value for money for their contracts, in particular through requiring specific labels and/or through the use of appropriate award methods

Amendment  2

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(9a) Union public procurement should serve to ensure that Union funds are used in an effective, transparent, and appropriate way and, in that regard, electronic procurement should contribute to better use of public funds and enhance access to public contracts for all economic operators.

Amendment  3

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) It is appropriate to identify and treat distinctly different cases usually referred to as situations of “conflict of interest”. The notion of “conflict of interest” should be solely used for cases where an official or agent of a Union institution is in such a situation. If an economic operator attempts to unduly influence a procedure or obtain confidential information, this is to be treated as “grave professional misconduct”. Finally, economic operators may be in a situation where they cannot implement a contract because of conflicting professional interest, for instance a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified.

Amendment  4

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

(22a) For framework contracts with reopening of competition, it is appropriate to waive the obligation to provide the characteristics and relative advantages of the successful tender to an unsuccessful contractor, on the basis that the receipt of such information by parties to the same framework contract each time a competition is reopened might prejudice fair competition between them.

Justification

The aim of the recital is to clarify the reasoning behind the provisions of Art. 113(3).

Amendment  5

Proposal for a regulation

Recital 29 a (new)

Text proposed by the Commission

Amendment

(29a) This Regulation respects the fundamental rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union, in particular Articles 47 to 50 thereof, from which it can be derived that the legality and proportionality of offences and penalties must be ensured, and that everyone has the right to an effective remedy and a fair trial, the right of defence and the right not to be tried or punished twice in a proceeding for the same offence.

Amendment  6

Proposal for a regulation

Article 1 – point -1 (new)

Regulation (EU, Euratom) No 966/2012

Article 58 – paragraph 8

Present text

Amendment

(-1) Article 58(8) is replaced by the following:

8. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the methods of implementation of the budget, including direct management, the exercise of powers delegated to executive agencies, and specific provisions for indirect management with international organisations, with bodies referred to in Articles 208 and 209, with public law bodies or bodies governed by private law with a public service mission, with bodies governed by the private law of a Member State and entrusted with the implementation of a public-private partnership and with persons entrusted with the implementation of specific actions in the CFSP.

8. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the methods of implementation of the budget, including direct management, the exercise of powers delegated to executive agencies, and specific provisions for indirect management with international organisations, with bodies referred to in Articles 208 and 209, with public law bodies or bodies governed by private law with a public service mission, with bodies governed by the private law of a Member State and entrusted with the implementation of a public-private partnership and with persons entrusted with the implementation of specific actions in the CFSP. Non-profit organisations which do not have the status of an international organisation set up by intergovernmental agreements shall not be assimilated to such an international organisation.”

Justification

Update of AM 2.

Amendment  7

Proposal read more

Millennium Development Goals (MDGs) – What has the EU achieved?

Millennium Development Goals (MDGs) – read more

Answer – Sustainability of lion hunting trophy imports into EU – E-011937/2015

As indicated by the Honourable Member, in February 2015 read more

First U.S. Company to Base Aircraft in Liberia for General Aviation and Aero-Medical Evacuation

MONROVIA, Liberia, Sept. 24, 2015 / PRNewswire — This month Aspen Medical International (AMI) will begin operating a Beechcraft Corporation 1900C (B1900C) from James Spriggs Payne Airport, Monrovia, Liberia. The turboprop will provide general aviation and Aero-Medical Evacuation (AME) services to West Africa including Liberia, Sierra Leone, Guinea, Cote d’Ivoire, Ghana, Senegal, Mali, Niger, & […]