Changes from report parliamentary committee draft to plenary report

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Removed81. Reiterates that whistleblowers play a key role in boosting fraud detection, investigation and prosecution; understands that, by the end of 2023, 24 Member States had adopted national legislation to transpose the Whistleblower Directive and declared their transposition complete; regrets, however, that in March 2023, after analysis of the national measures adopted, the Commission was obliged to refer six Member States to the CJEU for their failure to transpose the Directive and failure to notify transposition measures, asking the Court to impose financial sanctions; is concerned by the further infringement proceedings ongoing against six other Member States; calls on the Commission to intensify the monitoring of national transposition measures and report to Parliament accordingly;

Added105. Asks the Commission to launch, in preparation for the revision of the OLAF Regulation, a monitoring exercise on the state of play of the Anti-Fraud Coordination Services (AFCOS) established in the Member States; encourages the Commission to plan for the update and redesign of their structure, role, responsibilities and mandate; regrets the suboptimal staffing level across the majority of the AFCOS in the Member States; underlines the need to ensure sufficient levels of expertise among staff in national anti-fraud coordinating structures; calls on the Commission to encourage and support Member States in addressing these issues as a matter of priority, including in the context of the European Semester cycle;

Removed82. Asks the Commission to launch, in preparation for the revision of the OLAF Regulation, a monitoring exercise on the state of play of the Anti-Fraud Coordination Services (AFCOS) established in the Member States; encourages the Commission to plan for the update and redesign of their structure, role, responsibilities and mandate;

Added106. Underlines the role played by public authorities in fostering a zero-tolerance culture against fraud and stresses, in particular, the importance of fraud prevention to ensure that fraud, corruption, conflicts of interest and other misuse of funds do not occur in the first place; recalls that the correct transposition of the PIF Directive, adopted on 5 July 2017, is crucial for the protection of the Union budget, for the implementation of all the EU policies for which EU money is used, including in the context of RRF deployment, and for establishing the scope of investigations and prosecutions by the EPPO, whose competence is established by reference to the PIF Directive, as implemented by national law; expects national authorities, including governments, in all Member States unequivocally to condemn fraud, corruption, conflicts of interest and any other misuse of public funds, taking a proactive approach in protecting the financial interests of the Union through effective measures in areas including risk assessment, communication and information sharing, and training of staff; calls on the Commission to intervene in a timely manner through infringement procedures to ensure the consistent transposition of the PIF Directive and the effective liability of – and sanctions for – legal and natural persons;

Added107. Reiterates that whistleblowers play a key role in boosting fraud detection, investigation and prosecution; understands that, by the end of 2023, 24 Member States had adopted national legislation to transpose the Whistleblower Directive and declared their transposition complete; regrets, however, that in March 2023, after analysis of the national measures adopted, the Commission was obliged to refer six Member States to the CJEU for their failure to transpose the Directive and failure to notify transposition measures, asking the Court to impose financial sanctions; is concerned by the further infringement proceedings ongoing against six other Member States; calls on the Commission to intensify the monitoring of national transposition measures and report to Parliament accordingly; stresses that Parliament itself must also urgently ensure the proper transposition of the Directive, as confirmed by the CJEU ruling of 11 September 2024, which found that Parliament’s current framework fails to provide balanced and effective protection against retaliation; calls for Parliament to immediately adopt robust rules in line with the Directive to safeguard its own whistleblowers;

108. Notes that the Investigative Division of the European Investment Bank (EIB IG/IN) had made 10 referrals to the EPPO and 17 to OLAF by the end of 2023; is aware that entities which have been found by EIB IG/IN to engage in prohibited practices may be excluded, in other words declared ineligible, for a stated period, from being awarded any contracts or entering into any relationship with the EIB; observes that, in 2023, these exclusion proceedings resulted in the exclusion of five economic operators for a minimum duration of three years, while five other companies reached settlement agreements applying conditionality to their eligibility;

External dimension of the protection of the EU’s financial interests

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Changed84.109. Welcomes the Commission’s reaction to its call to increase the monitoring of, and control over, the funds under the Global Europe, Neighbourhood, Development and International Cooperation Instrument for assistance to non-EU countries, as well as via the joint communication with the High Representative of the Union for Foreign Affairs and Security Policy; appreciates the Commission’s continuous efforts to ensure that anti-corruption measures are mainstreamed into EU external action instruments;reiteratesinstruments; reiterates its recommendation to suspend budgetary support and de-commit funds to non-EU countries, including candidate countries, where the authorities clearly fail to take genuine action against widespread corruption, without compromising support for the civil population; emphasises that respect for and commitment to promoting EU values is an essential precondition for all partners aspiring to join the Union; reiterates that accession to the EU is a merit-based process whereby each applicant is assessed on its own merits and its fulfilment of the Copenhagen criteria; considers that when applying the revised enlargement methodology there should be a particular focus on fundamental reforms, and that fair and rigorous conditionality should be applied as well as reversibility where setbacks occur; considers that appropriate tools must be used to ensure that candidate countries show concrete and sustainable compliance with the rule of law, democratic principles and fundamental rights, both before and after joining the Union;

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Changed85.110. Observes that in the context of the Russian war of aggression against Ukraine, Ukraine will continue to require substantial support in the current and next MFF and, in the perspective of a fair and sustainable peace agreement, Ukraine will need support for post-war reconstruction, including for central government services and reforms; considers that the three pillars of the Ukraine facility could be reshaped accordingly and that reconstruction should align with pre-accession requirements; calls on the Commission to put appropriate measures in place, including by performing more thorough checks, to ensure that EU funds sent to Ukraine and to neighbouring countries are adequately monitored and controlled and end up benefiting those most in need;

Change 48

Removed86. Stresses that suspension of budgetary support in non-EU countries, including candidate countries, is an appropriate measure in the event of failure to take genuine action against widespread corruption; expects priority to be given to the fight against corruption in pre-accession negotiations, with capacity building via the establishment of specialised anti-corruption bodies; asks the Commission to ensure, also in cases where funding is suspended, assistance for the civil population, where possible, through alternative channels;

Added111. Considers that the three pillars of the Ukraine Facility could be reshaped accordingly and that reconstruction should align with pre-accession requirements; emphasises the importance of close coordination and cooperation with the Ukraine coordination mechanism established by the G7; calls for the EU and all Member States to increase their support for Ukraine, while putting appropriate measures in place to protect the financial interests of the EU through the prevention, detection and correction of fraud, corruption, conflicts of interest and irregularities in the use of Union funds, including by performing more thorough checks, in order to ensure that EU funds sent to Ukraine and to its neighbouring countries are adequately monitored and controlled and end up benefiting those most in need;

Added112. Stresses that the unprecedented volume of financial support received by Ukraine from the EU in recent years, and deployed in the extremely adverse conditions imposed by the ongoing war, imply the adoption of appropriate measures to ensure that such resources are employed as intended, in particular where they are aimed at benefiting infrastructure and people in need;

Added113. Appreciates the work carried out by OLAF and the EPPO in protecting the financial interests of the Union by providing training to increase administrative capacity and autonomy, carrying out investigations in Ukraine and agreeing on the working arrangement with the National Anti-Corruption Bureau of Ukraine to facilitate cooperation in the investigation of corruption; invites the competent EU offices to continue their cooperation with and support for the Ukrainian authorities;

Added114. Acknowledges, in this regard, the progress made by Ukraine in advancing reforms related to judicial independence, accountability, anti-corruption and anti-money laundering, despite the difficult conditions caused by Russia’s ongoing war of aggression; encourages Ukraine to continue on the path of reform, including with regard to the influence of oligarchs in politics;

Added115. Welcomes the enhanced sanctions adopted by the EU against Russia so far, encompassing the banning of Russian nationals and entities from participating in public procurement contracts in the EU and restrictions on EU funding for Russian publicly owned or controlled entities; recognises, however, that despite the current measures, individuals and entities subject to the sanctions against Russia can still find ways to circumvent the sanctions and calls, therefore, for the EU and the Member States to maintain, reinforce and extend the scope and effectiveness of the sanctions policy against Russia and Belarus;

Added116. Recognises that the Member States and their relevant competent authorities are responsible for the effective implementation and enforcement of EU sanctions, as well as for identifying breaches and imposing appropriate penalties; underlines the role played by customs authorities and the importance of their close cooperation in strengthening the uniform enforcement of sanctions; welcomes, in this regard, the Baltic Customs Initiative;

Added117. Underlines that the EU is the biggest provider of external assistance to Palestinian refugees; stresses that the Union budget must continue to provide support to build peace and stability in the Middle East region, combat terrorism, hate, fundamentalism and disinformation, as well as promote human rights, fight impunity and strengthen adherence to the rule of law; emphasises, accordingly, that EU budgets must not support, under any circumstances, activities that go against these objectives; notes that, following the heinous terror attacks of 7 October 2023 by Hamas and allegations of misuse of EU funds for terrorism, a funding review has been conducted by the Commission, which, although concluding that no evidence has been found, to date, that money had been diverted for unintended purposes (including for support for incarcerated terrorists) and reporting that the safeguards in place worked well, still called for certain additional measures that were deemed necessary; recalls that all hostages taken by Hamas have to be released; emphasises the importance of ensuring that EU funds are effectively allocated and managed in order to achieve their intended goals, even via scrutiny by the EPPO, OLAF and the ECA where appropriate; recalls the ongoing issue of the destruction of EU-funded projects in Gaza and the West Bank and calls for greater accountability and safeguards in this context;

Added118. Stresses that suspension of budgetary support in non-EU countries, including candidate countries, is an appropriate measure in the event of failure to take genuine action against widespread corruption; expects priority to be given to the fight against corruption in pre-accession negotiations, with capacity building via the establishment of specialised anti-corruption bodies; asks the Commission to ensure, also in cases where funding is suspended, assistance for civil populations, where possible through alternative channels;

Added119. Underlines the importance of cooperation with international organisations in combating fraud; regrets the lack of cooperation by some international organisations in providing the ECA with complete, unlimited and timely access to the documents necessary to carry out its tasks; notes that the Commission has stepped up communication with international organisations and calls on it to further intensify efforts to ensure access to all requested documentation;

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120. Instructs its President to forward this resolution to the Council and the Commission.