B4-1009/96

Resolution on the Convention for the protection of the European Communities' financial interests

The European Parliament,

- having regard to the Council Act of 26 July 1995 drawing up the Convention for the protection of the European Communities' financial interests ((OJ C 316, 27.11.1995, p. 48.)),

- having regard to its opinion of 15 March 1995 on the proposal for a Council of the European Union Act establishing a Convention for the protection of the European Communities' financial interests (COM(94)0214 - C4-0156/94 - 94/0146(CNS) ((OJ C 89, 10.4.1995, p. 82.)),

A. whereas, at the present time, no Member State has ratified the Convention,

B. whereas progress in the national ratification procedures does not point to their completion within a reasonable timescale,

C. whereas the Convention's entry into force depends on first finding a solution to the problem concerning the Court of Justice's power to give a preliminary ruling and on ratification by all 15 Member States,

D. whereas due account has not, so far, been taken of Parliament's views regarding the first additional protocol to the Convention for the protection of the European Communities' financial interests,

E. whereas the parallel establishment of separate legal instruments, whose content is sometimes identical (first additional protocol to the Convention for the protection of the European Communities' financial interests, on the one hand, and the Convention on the fight against corruption, on the other hand) creates ambiguity, leading to uncertainty, which will not facilitate the efficient detection of fraud or lasting measures to combat it,

1. Deplores the unfortunate decision by the Commission and the Council to have recourse, for the protection of the European Communities' financial interests, to the legal framework of the third pillar of the EU Treaty, whose weakness will compromise the instrument's effective entry into force within a reasonable period of time;

2. Points out that, in the absence of equivalent protection of Community finances in all the Member States, organized crime will be able to exploit the present differences between the national legal systems, to the detriment of the Community budget and Community tax payers;

3. Considers, therefore, that protection under criminal law of the Community's finances is an urgent objective which cannot be delayed any longer;

4. Calls, therefore, on the Council and the national constitutional bodies to do everything possible to ensure the speedy ratification of the Convention;

5. Calls on the Commission to initiate studies immediately on a Community instrument providing protection equivalent to that under the Convention if the latter should continue to be inoperable until 1997;

6. Appeals to the parliaments of the Member States to monitor closely the measures the national bodies and Community institutions will set in train in the near future to find a rapid solution to this problem;

7. Invites the Council Presidency to fulfil its obligations under Article K.6(2) of the TEU and to ensure that the European Parliament's views concerning the first additional protocol to the Convention for the protection of the European Communities' financial interests are duly taken into consideration;

8. Proposes that this first additional protocol and the Convention on the fight against corruption be combined in a single legal instrument;

9. Instructs its President to forward this resolution to the Commission, the Council and the parliaments of the Member States.