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European Parliament 2019-2024 Committee on Budgetary Control 2020/2246(INI) 28.5.2021 AMENDMENTS 1 - 132 Draft report Caterina Chinnici (PE692.684v01-00) Protection of the EU’s financial interests - combatting fraud - annual report 2019 (2020/2246(INI)) AM\1232036EN.docx PE692.936v01-00 EN United in diversityEN AM_Com_NonLegReport PE692.936v01-00 2/71 AM\1232036EN.docx EN Amendment 1 Katalin Cseh, Olivier Chastel, Alin Mituța, Ramona Strugariu Motion for a resolution Recital A Motion for a resolution Amendment A. whereas the Member States and the A. whereas de jure the Member States Commission have shared responsibility, and the Commission have shared and must work closely together, to protect responsibility, and must work closely the Union’s financial interests and fight together, to protect the Union’s financial fraud and corruption; whereas Member interests and fight fraud and corruption; State authorities managed approximately whereas de facto Member State authorities 74 % of EU expenditure and collected the managed approximately 74 % of EU Union’s traditional own resources with expenditure and collected the Union’s regard to the Union’s budget for 2019; traditional own resources with regard to the Union’s budget for 2019; Or. en Amendment 2 Katalin Cseh, Olivier Chastel, Alin Mituța, Ramona Strugariu Motion for a resolution Recital B Motion for a resolution Amendment B. whereas the Commission should B. whereas the Commission should fulfil its respective responsibilities under fulfil its respective responsibilities under shared management for supervision, shared management for supervision, control and audit; control and audit, however the Commission is capable of monitoring approximately 10% of all expenditures; Or. en Amendment 3 Caterina Chinnici Motion for a resolution Recital B a (new) Motion for a resolution Amendment AM\1232036EN.docx 3/71 PE692.936v01-00 EN B a. whereas Article 310(6) of the TFEU states that ‘the Union and the Member States, in accordance with Article 325, shall counter fraud and any other illegal activities affecting the financial interests of the Union’; whereas Article 325(2) of the TFEU states that ‘Member States shall take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests’; whereas Article 325(3) of the TFEU states that ‘the Member States shall coordinate their action aimed at protecting the financial interests of the Union against fraud’ and that ‘they shall organise, together with the Commission, close and regular cooperation between competent authorities’; whereas under Article 325(4) of the TFEU the European Court of Auditors must be consulted on any measures to be adopted by the legislator in the fields of the prevention of and fight against fraud affecting the EU’s financial interests; Or. en Amendment 4 Katalin Cseh, Olivier Chastel, Alin Mituța, Ramona Strugariu Motion for a resolution Recital D Motion for a resolution Amendment D. whereas the diversity of legal and D. whereas the diversity of legal and administrative systems in the Member administrative systems in the Member States needs to be adequately addressed in States is not an advantage and whereas it order to overcome irregularities and needs to be adequately addressed to be able combat fraud and corruption; to create more unified administrative and reporting systems in the EU to effectively prevent and fight irregularities and combat fraud and corruption; Or. en PE692.936v01-00 4/71 AM\1232036EN.docx EN Amendment 5 Caterina Chinnici Motion for a resolution Recital D Motion for a resolution Amendment D. whereas the diversity of legal and D. whereas the diversity of legal and administrative systems in the Member administrative systems in the Member States needs to be adequately addressed in States needs to be adequately addressed in order to overcome irregularities and order to overcome irregularities and combat fraud and corruption; combat fraud and corruption; whereas the Commission should further strengthen its efforts to ensure that the fight against fraud and corruption is implemented effectively and produces more tangible and more satisfactory results; Or. en Amendment 6 Katalin Cseh, Olivier Chastel, Alin Mituța, Ramona Strugariu Motion for a resolution Recital F Motion for a resolution Amendment F. whereas systematic and F. whereas systematic and institutionalised cases of corruption in institutionalised and high level cases of certain Member States seriously harm the corruption and deliberate weakening of Union’s financial interests while also the checks and balances and of the representing a threat to the rule of law; independence of the institutions responsible for monitoring and controlling finances in certain Member States seriously harm the Union’s financial interests while also representing a threat to the rule of law; Or. en Amendment 7 Luke Ming Flanagan AM\1232036EN.docx 5/71 PE692.936v01-00 EN Motion for a resolution Recital F Motion for a resolution Amendment F. whereas systematic and F. whereas systematic and institutionalised cases of corruption in institutionalised cases of corruption in certain Member States seriously harm the certain Member States seriously harm the Union’s financial interests while also Union’s financial interests while also representing a threat to the rule of law; representing a threat to democracy, fundamental rights and the rule of law; also reminds of the detrimental impact of corruption on the trust of citizens on the institutions; Or. en Amendment 8 Katalin Cseh, Olivier Chastel, Alin Mituța, Ramona Strugariu Motion for a resolution Recital G a (new) Motion for a resolution Amendment G a. whereas corruption affects all Member States burdens not only the EU economy, but undermines democracy and rule of law all across Europe; Or. en Amendment 9 Mikuláš Peksa on behalf of the Verts/ALE Group Motion for a resolution Paragraph 1 Motion for a resolution Amendment 1. Welcomes the 31st Annual report 1. Welcomes the 31st Annual report on the protection of the EU’s financial on the protection of the EU’s financial interests and the fight against fraud, which interests and the fight against fraud, which underlines the achievements of 2019 with underlines the achievements of 2019 with PE692.936v01-00 6/71 AM\1232036EN.docx EN regards to the consolidation of the regards to the consolidation of the institutional framework on the fight against institutional framework on the fight against fraud and irregularities at Union level fraud and irregularities at Union level achieved by the transposition into national achieved by the transposition into national law by 12 Member States of the measures law by 12 Member States of the measures provided for in the Directive on the fight provided for in the Directive on the fight against fraud to the Union’s financial against fraud to the Union’s financial interests by means of criminal law (‘the interests by means of criminal law (‘the PIF Directive’) with the remaining 22 PIF Directive’), while 22Member States Member States doing so by June 2020; did so by June 2020; regrets that the Commission had to send reasoned opinions to Ireland and Romania on 3 December 2020 for failing to transpose into national law the PIF Directive; Or. en Amendment 10 Caterina Chinnici Motion for a resolution Paragraph 1 Motion for a resolution Amendment 1. Welcomes the 31st Annual report 1. Welcomes the 31st Annual report on the protection of the EU’s financial on the protection of the EU’s financial interests and the fight against fraud, which interests and the fight against fraud, which underlines the achievements of 2019 with underlines the achievements of 2019 with regards to the consolidation of the regards to the consolidation of the institutional framework on the fight against institutional framework on the fight against fraud and irregularities at Union level fraud and irregularities at Union level achieved by the transposition into national achieved by the transposition into national law by 12 Member States of the measures law by 18 Member States by the end of provided for in the Directive on the fight 2019 of the measures provided for in the against fraud to the Union’s financial Directive on the fight against fraud to the interests by means of criminal law (‘the Union’s financial interests by means of PIF Directive’) with the remaining 22 criminal law (‘the PIF Directive’) with a Member States doing so by June 2020; total of 22 Member States having done so by June 2020; Or. en Amendment 11 Ramona Strugariu, Olivier Chastel, Katalin Cseh, Alin Mituța AM\1232036EN.docx 7/71 PE692.936v01-00 EN Motion for a resolution Paragraph 1 Motion for a resolution Amendment 1. Welcomes the 31st Annual report 1. Welcomes the 31st Annual report on the protection of the EU’s financial on the protection of the EU’s financial interests and the fight against fraud, which interests and the fight against fraud, which underlines the achievements of 2019 with underlines the achievements of 2019 with regards to the consolidation of the regards to the consolidation of the institutional framework on the fight against institutional framework on the fight against fraud and irregularities at Union level fraud and irregularities at Union level achieved by the transposition into national achieved by the transposition into national law by 12 Member States of the measures law by 12 Member States of the measures provided for in the Directive on the fight provided for in the Directive on the fight against fraud to the Union’s financial against fraud to the Union’s financial interests by means of criminal law (‘the interests by means of criminal law (‘the PIF Directive’) with the remaining 22 PIF Directive’) with 22 Member States Member States doing so by June 2020; doing so by June 2020; calls on all remaining Member States to take all necessary measures and ensure the full and correct transposition of the Directive within the shortest time possible; calls on the Commission to closely monitor the transposition process in all Member States, as well as to make use of its prerogatives for launching infringement procedures, where Member States fail to comply with the transposition process; Or.