natgillin/translations-raw huggingface dataset:
Firstly, in its opinion on Hercule I, the European Court of Auditors had already recommended that Hercule be funded from a single budget article.
Firstly, in its opinion on Hercule I, the European Court of Auditors had already recommended that Hercule be funded from a single budget article.
Therefore, the rapporteur welcomes the planned merger of different budget lines into a single article 24 02 01, covering the financing of all general anti-fraud activities and entitled "Hercule II".
Therefore, the rapporteur welcomes the planned merger of different budget lines into a single article 24 02 01, covering the financing of all general anti-fraud activities and entitled "Hercule II".
The merger is concerning:
The merger is concerning:
· the current item 24 02 04 01 (Grant programme for anti-fraud measures)
· the current item 24 02 04 01 (Grant programme for anti-fraud measures)
· the current item 24 02 04 02 (Conferences, congresses and meetings in connection with the activities of the associations of the European lawyers for the protection of the financial interests of the Community)
· the current item 24 02 04 02 (Conferences, congresses and meetings in connection with the activities of the associations of the European lawyers for the protection of the financial interests of the Community)
· the current article 24 02 01 (General measures to combat fraud)
· the current article 24 02 01 (General measures to combat fraud)
At present, Hercule I covers only grants and is financed from the current items 24 02 04 01 and 24 02 04 02.
At present, Hercule I covers only grants and is financed from the current items 24 02 04 01 and 24 02 04 02.
The current article 24 02 01 covers procurements only.
The current article 24 02 01 covers procurements only.
Following the merger
Following the merger
Hercule II will cover grants and procurements.
Hercule II will cover grants and procurements.
Secondly, Hercule II will receive supplementary funds of EUR 6-7 million per year, derived from the Anti-Contraband and Anti-Counterfeit Agreement between the Commission and several Member States with Philip Morris International (PMI).
Secondly, Hercule II will receive supplementary funds of EUR 6-7 million per year, derived from the Anti-Contraband and Anti-Counterfeit Agreement between the Commission and several Member States with Philip Morris International (PMI).
The rapporteur is pleased that the prevention and fight against cigarette smuggling and counterfeiting will become one of the cornerstones of the Hercule II programme.
The rapporteur is pleased that the prevention and fight against cigarette smuggling and counterfeiting will become one of the cornerstones of the Hercule II programme.
He welcomes the plan agreed for the distribution of the payments of PMI (around EUR 800 000 000) among the 10 Member States and the European Commission as foreseen within the Anti-Contraband and Anti-Counterfeit Agreement.
He welcomes the plan agreed for the distribution of the payments of PMI (around EUR 800 000 000) among the 10 Member States and the European Commission as foreseen within the Anti-Contraband and Anti-Counterfeit Agreement.
He strongly supports the intention to use the Community share (9,7 %) to fight cigarette smuggling and counterfeiting.
He strongly supports the intention to use the Community share (9,7 %) to fight cigarette smuggling and counterfeiting.
Furthermore, he calls on the Member States to make use of the money within the same subject field.
Furthermore, he calls on the Member States to make use of the money within the same subject field.
He welcomes the fact that 24 Member States have signed the agreement and would like to invite also the UK to support this important measure.
He welcomes the fact that 24 Member States have signed the agreement and would like to invite also the UK to support this important measure.
Before the funds can be spent under Hercule II, some important adjustments of the legal basis have to be ensured.
Before the funds can be spent under Hercule II, some important adjustments of the legal basis have to be ensured.
Parliament, in its resolution on Hercule I, as well as the European Court of Auditors in its respective opinion, had called for a clarification of the programme's objectives in case of a continuation after 2006.
Parliament, in its resolution on Hercule I, as well as the European Court of Auditors in its respective opinion, had called for a clarification of the programme's objectives in case of a continuation after 2006.
The rapporteur deplores that the Commission proposal does not set out clear, technically well-defined objectives.
The rapporteur deplores that the Commission proposal does not set out clear, technically well-defined objectives.
In view of the budget increase and the prolongation of the programming period, the amendments aim at setting measurable targets for the implementation.
In view of the budget increase and the prolongation of the programming period, the amendments aim at setting measurable targets for the implementation.
Furthermore, the rapporteur proposes that OLAF reports annually on the results achieved.
Furthermore, the rapporteur proposes that OLAF reports annually on the results achieved.
He also considers an independent mid-term review to be a prerequisite for the prolongation of the programming period.
He also considers an independent mid-term review to be a prerequisite for the prolongation of the programming period.
In the rapporteur's view, the committee should closely monitor if the implementation of Hercule II follows the precise objectives to be introduced in the legal basis.
In the rapporteur's view, the committee should closely monitor if the implementation of Hercule II follows the precise objectives to be introduced in the legal basis.
In addition, he would like to point out that, within the annual budgetary procedure, the principles of specification and transparency in the financial regulation have to be respected in order to ensure a transparent way of spending.
In addition, he would like to point out that, within the annual budgetary procedure, the principles of specification and transparency in the financial regulation have to be respected in order to ensure a transparent way of spending.
Following negotiations with the Council a compromise was reached with a view to a first reading agreement.
Following negotiations with the Council a compromise was reached with a view to a first reading agreement.
On 20 December 2006 the Chairman of the Budgetary Control Committee received a letter from the Chairman of the Permanent Representatives' Committee (Coreper II).
On 20 December 2006 the Chairman of the Budgetary Control Committee received a letter from the Chairman of the Permanent Representatives' Committee (Coreper II).
In this letter Coreper II confirmed that, if Parliament amended the Commission proposal in line with the compromise, the Council would adopt the proposed decision in the form of the text thus amended.
In this letter Coreper II confirmed that, if Parliament amended the Commission proposal in line with the compromise, the Council would adopt the proposed decision in the form of the text thus amended.
The Committee on Budgetary Control adopted the compromise unanimously.
The Committee on Budgetary Control adopted the compromise unanimously.
Thus, it will be possible to reach a first reading agreement if plenary now adopts the report without amendments.
Thus, it will be possible to reach a first reading agreement if plenary now adopts the report without amendments.
for the Committee on Budgetary Control
for the Committee on Budgetary Control
on the proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme)
on the proposal for a decision of the European Parliament and of the Council amending and extending Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule II programme)
The objective of this proposal is to constitute a basic act in accordance with Article 49 of the Financial Regulation (EC, Euratom) No 1605/2002 of 25 June 2002.
The objective of this proposal is to constitute a basic act in accordance with Article 49 of the Financial Regulation (EC, Euratom) No 1605/2002 of 25 June 2002.
There is no doubt that Community action within the "Hercule I" programme was a success and that it should be continued.
There is no doubt that Community action within the "Hercule I" programme was a success and that it should be continued.
Therefore the proposed decision is urgently needed and the lead committee is trying to aim for an agreement in first reading which could allow entry into force of the decision in time for 1 January 2007.
Therefore the proposed decision is urgently needed and the lead committee is trying to aim for an agreement in first reading which could allow entry into force of the decision in time for 1 January 2007.
But it is not clear to your draftsman why the Commission opted for the technique of an amending act extending the "Hercule I -programme" instead of repealing Decision No 804/2004/EC and adopting a new programme for the period of the new Multi-annual Financial Framework (MFF).
But it is not clear to your draftsman why the Commission opted for the technique of an amending act extending the "Hercule I -programme" instead of repealing Decision No 804/2004/EC and adopting a new programme for the period of the new Multi-annual Financial Framework (MFF).
Unlike what has been proposed by the Commission for other follow-up programmes covering the period 2007-2013 of the new MFF, the Commission does not propose to adopt a new legal act which replaces and repeals the earlier act.
Unlike what has been proposed by the Commission for other follow-up programmes covering the period 2007-2013 of the new MFF, the Commission does not propose to adopt a new legal act which replaces and repeals the earlier act.
This seems to be an unfortunate infringement of Point 35 of the Interinstitutional Agreement on better law-making
This seems to be an unfortunate infringement of Point 35 of the Interinstitutional Agreement on better law-making
Interinstitutional Agreement on better Lawmaking of 16 December 2003, OJ C 321, 31.12.2003, p.
Interinstitutional Agreement on better Lawmaking of 16 December 2003, OJ C 321, 31.12.2003, p.
1, see also Interinstitutional agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, OJ C 77, 28.3.2002, p.1 , which provides that legislation should be updated inter alia through the repeal of acts which are no longer applied.
1, see also Interinstitutional agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, OJ C 77, 28.3.2002, p.1 , which provides that legislation should be updated inter alia through the repeal of acts which are no longer applied.
The European Parliament is called upon, together with the other co-legislators, to improve the quality of law-making, therefore this issue has to be raised in this context, even if it is not the main area of competence of the Committee on Budgets.
The European Parliament is called upon, together with the other co-legislators, to improve the quality of law-making, therefore this issue has to be raised in this context, even if it is not the main area of competence of the Committee on Budgets.
Furthermore, the annex to Decision No 804/2004/EC contains provisions which are not just minor technical ones but concern the core of the programme.
Furthermore, the annex to Decision No 804/2004/EC contains provisions which are not just minor technical ones but concern the core of the programme.
This is contrary to the good law-making efforts to which the three institutions are committed; it contradicts provisions of joint guidelines of the three institutions, which provide that annexes to legal acts shall be used as a means of presenting provisions or parts of provisions separately from the body of the enacting terms, in particular because of their technical nature
This is contrary to the good law-making efforts to which the three institutions are committed; it contradicts provisions of joint guidelines of the three institutions, which provide that annexes to legal acts shall be used as a means of presenting provisions or parts of provisions separately from the body of the enacting terms, in particular because of their technical nature
Joint Practical Guide of the European Parliament, the Council and the Commission for persons involved in the drafting of legislation within the Community institutions:
Joint Practical Guide of the European Parliament, the Council and the Commission for persons involved in the drafting of legislation within the Community institutions:
http://intracomm.cec.eu-admin.net/sj/jurrev/gpc/en.pdf ; Examples for provisions to be put in the annex might be: rules to be applied by civil servants (such as analysis techniques, sampling methods, and forms to be used), lists of products, tables of figures, plans and drawings etc. .
http://intracomm.cec.eu-admin.net/sj/jurrev/gpc/en.pdf ; Examples for provisions to be put in the annex might be: rules to be applied by civil servants (such as analysis techniques, sampling methods, and forms to be used), lists of products, tables of figures, plans and drawings etc. .
A set of amendments is therefore proposed by your draftsman in order to transfer the most important provisions from the annex to the body of the decision.
A set of amendments is therefore proposed by your draftsman in order to transfer the most important provisions from the annex to the body of the decision.
Financial provisions
Financial provisions
The total reference amount proposed for the seven years of the duration of the programme (Budget line 24 02 01 under Title "Fight against Fraud) is EUR 98 525 000.
The total reference amount proposed for the seven years of the duration of the programme (Budget line 24 02 01 under Title "Fight against Fraud) is EUR 98 525 000.
This means an increase compared to the previous "Hercule I "programme which covered a three-year period from 2004 until 2006, with a financial envelope of EUR 11 800 000 in total.
This means an increase compared to the previous "Hercule I "programme which covered a three-year period from 2004 until 2006, with a financial envelope of EUR 11 800 000 in total.
A standard amendment has been agreed by the Committee on Budgets to be introduced in the new programmes in order to ensure compliance with the ceilings of the MFF 2007 - 2013 and which your draftsman proposes to you (Amendment 1).
A standard amendment has been agreed by the Committee on Budgets to be introduced in the new programmes in order to ensure compliance with the ceilings of the MFF 2007 - 2013 and which your draftsman proposes to you (Amendment 1).
Expenditure type
Expenditure type
2012 and later
2012 and later
Total in million EUR
Total in million EUR
Operational expenditure
Operational expenditure
Commitment Appropriations )
Commitment Appropriations )
Payment Appropriations
Payment Appropriations
Looking at the figures of implementation of the predecessor programme "Hercule I" in the financial years 2004, 2005 and 2006, one can confirm the success of the Community action:
Looking at the figures of implementation of the predecessor programme "Hercule I" in the financial years 2004, 2005 and 2006, one can confirm the success of the Community action:
EUR million
EUR million
in per cent
in per cent
as of 08/10/2006
as of 08/10/2006
amount implemented as of 8/10/2006
amount implemented as of 8/10/2006
Commitment Appropriations
Commitment Appropriations
Remarks on the content of the proposal
Remarks on the content of the proposal
The amendments proposed to Decision No 804/2004/EC concern:
The amendments proposed to Decision No 804/2004/EC concern:
- the addition of sectoral objectives, such as the fight against cigarette smuggling and counterfeiting;
- the addition of sectoral objectives, such as the fight against cigarette smuggling and counterfeiting;
- the removal of operating grants from the programme text (which does not mean that bodies do not continue to be eligible under Article 108(1) of the Financial Regulation);
- the removal of operating grants from the programme text (which does not mean that bodies do not continue to be eligible under Article 108(1) of the Financial Regulation);
- the eligible countries, especially changes necessary in view of the next enlargements of the European Union and inclusion of Algeria, Armenia, Azerbaijan, Georgia, Israel, Jordan, Lebanon, Libya, Morocco, the Palestinian Authority, Syria and Tunisia;
- the eligible countries, especially changes necessary in view of the next enlargements of the European Union and inclusion of Algeria, Armenia, Azerbaijan, Georgia, Israel, Jordan, Lebanon, Libya, Morocco, the Palestinian Authority, Syria and Tunisia;
- in various points, harmonisation of the programme text with the requirements of the Financial Regulation.
- in various points, harmonisation of the programme text with the requirements of the Financial Regulation.
From the point of view of your draftsman, all these changes can be welcomed.
From the point of view of your draftsman, all these changes can be welcomed.
The reservations of your draftsman are of a more formal nature and concern the poor drafting of the Commission's proposal, which does not respect the inter-institutional agreements on quality of law-making.
The reservations of your draftsman are of a more formal nature and concern the poor drafting of the Commission's proposal, which does not respect the inter-institutional agreements on quality of law-making.
They do not justify a rejection of the proposal, as the content of the proposal can be fully supported.
They do not justify a rejection of the proposal, as the content of the proposal can be fully supported.
But several amendments must be proposed on this subject in order to improve the quality of the legislation.
But several amendments must be proposed on this subject in order to improve the quality of the legislation.
The Committee on Budgets calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Budgets calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following amendments in its report:
Draft legislative resolution
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 5 of the new multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006;
Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 5 of the new multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006;
Proposal for a decision
Proposal for a decision
OJ L 143, 30.04.04, p.
OJ L 143, 30.04.04, p.
Amendment 2
Amendment 2
ARTICLE 1, POINT 1 (B A) (new)
ARTICLE 1, POINT 1 (B A) (new)
Article 1, paragraph 2 (Decision No 804/2004/EC)
Article 1, paragraph 2 (Decision No 804/2004/EC)
(ba) At the end of paragraph 2, the following sentence is added:
(ba) At the end of paragraph 2, the following sentence is added:
"It shall promote transparency and public access to the use and distribution of Community funds, e.g. via the Internet, to enable, facilitate, and encourage public scrutiny."
"It shall promote transparency and public access to the use and distribution of Community funds, e.g. via the Internet, to enable, facilitate, and encourage public scrutiny."
Any programme aimed at protecting the financial interests of the Community should promote transparency and engage citizens by giving them clear and relevant information on the way in which Community funds are spent.
Any programme aimed at protecting the financial interests of the Community should promote transparency and engage citizens by giving them clear and relevant information on the way in which Community funds are spent.
Greater public scrutiny could, in the long run, reduce the cost of such programmes and promote active citizenship and greater involvement in EU processes.
Greater public scrutiny could, in the long run, reduce the cost of such programmes and promote active citizenship and greater involvement in EU processes.
Amendment 3
Amendment 3
ARTICLE 1, POINT 2 A (new) (Article 1 b (new) (Decision No 804/2004/EC)
ARTICLE 1, POINT 2 A (new) (Article 1 b (new) (Decision No 804/2004/EC)
(2a) The following Article 1b is inserted:
(2a) The following Article 1b is inserted:
"Article 1b
"Article 1b
Activities supported
Activities supported
The general objective laid down in Article 1, and the sectoral objectives laid down in Article 1a, shall be to reinforce Community action to prevent fraud affecting the Community's financial interests and to combat such fraud, including the fight against cigarette smuggling and counterfeiting, by promoting the actions in this field of the bodies engaged in it.
The general objective laid down in Article 1, and the sectoral objectives laid down in Article 1a, shall be to reinforce Community action to prevent fraud affecting the Community's financial interests and to combat such fraud, including the fight against cigarette smuggling and counterfeiting, by promoting the actions in this field of the bodies engaged in it.
Activities of bodies which may help to reinforce and increase the effectiveness of Community action, in accordance with Article 2, shall include the following:
Activities of bodies which may help to reinforce and increase the effectiveness of Community action, in accordance with Article 2, shall include the following:
(a) organisation of seminars and conferences;
(a) organisation of seminars and conferences;
(b) promotion of scientific studies and discussions in the field of the protection of the Community's financial interests;
(b) promotion of scientific studies and discussions in the field of the protection of the Community's financial interests;
(c) coordination of activities relating to the protection of the Community's financial interests (meetings);
(c) coordination of activities relating to the protection of the Community's financial interests (meetings);
(d) training and awareness, including in connection with joint surveillance operations;
(d) training and awareness, including in connection with joint surveillance operations;
(e) promoting exchanges of specialised staff;
(e) promoting exchanges of specialised staff;
(f) development and supply of specific IT tools; data-processing;
(f) development and supply of specific IT tools; data-processing;
(g) technical assistance, including the purchase of equipment;
(g) technical assistance, including the purchase of equipment;
(h) promoting and expanding the exchange of data;
(h) promoting and expanding the exchange of data;
(i) provision of information and support for activities relating to access to information, data and data sources;
(i) provision of information and support for activities relating to access to information, data and data sources;
(j) purchase of specialised technical hardware and technical support for the monitoring of illegal activities in the field of the fight against fraud."
(j) purchase of specialised technical hardware and technical support for the monitoring of illegal activities in the field of the fight against fraud."
Amendment 4 4
Amendment 4 4
ARTICLE 1, POINT 2 B (new) Article 1 c (new) (Decision No 804/2004/EC)
ARTICLE 1, POINT 2 B (new) Article 1 c (new) (Decision No 804/2004/EC)
(2b) The following Article 1c is inserted:
(2b) The following Article 1c is inserted: