A3-0080/94

Resolution on irregularities and the recovery of sums unduly paid in connection with the financing of structural policies

The European Parliament,

-having regard to the draft Commission regulation concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies (C3-0030/94),

-having regard to Article 23 of Council Regulation (EEC) No. 4253/88, as amended by Article 1 of Regulation (EEC) No. 2082/93 of 20 July 1993,

-having regard to point 4, second indent, of the Commission declaration on the code of conduct for the implementation of structural policies,

-having regard to Rule 148 of its Rules of Procedure,

-having regard to the report of the Committee on Budgetary Control (A3-0080/93),

A.whereas the Commission has promised to take account of Parliament's comments in the draft rules to give effect to the provisions laid down in Article 23(1) of Regulation (EEC) No. 4253/88 with respect to the measures which the Member States are called upon to take in order to prevent and punish irregularities, recover amounts lost, and provide proper information to the Commission,

1.Calls on the Commission to lay down rules whereby the Member States will be required to take measures ensuring:

(a)clear identification of and attribution of responsibility to the national (central and local) bodies responsible for financial control, both within and outside the authorities which administer Structural Fund resources;

(b)that specific information is provided to the Commission concerning failure (whether by commission or omission) to comply with Community or national legislation, not only with regard to financial aspects but also in respect of the quality of compliance (for example, environmental impact reports), and the administrative and legal steps taken and the legislative (civil and penal) and administrative framework within which prevention and punishment of irregularities and criminal acts are undertaken together with the human resources and financial efforts, in relation to their other duties, of the bodies responsible for investigation, information-gathering, prevention and prosecution;

(c)rigorous enforcement of the provision set out in Article 23(1), first subparagraph, third indent, whereby 'the Member States shall be liable in the alternative for reimbursement of any sums unduly paid' except where 'the Member State and/or the intermediary and/or the promoter provide proof that they were not responsible for the irregularity or negligence';

2.Calls on the Commission, with a view to the abovementioned aims, to complete the regulatory system provided for in the rules intended to give effect to Article 23(1) of Regulation (EEC) No. 4253/88 by incorporating provisions ensuring:

(a)accurate identification of the bodies, both within and outside the administrative authorities, responsible for checking the legality and the substance of acts adopted by the Member States, at government or local level, to implement financial operations under the Structural Funds;

(b)that exact details can be obtained concerning the administrative and judicial bodies responsible for preventing and punishing irregularities and criminal acts;

(c)that the information supplied to the Commission by the Member States is made as clear and accurate as possible by:

-setting up a form of cooperation between the Commission and Member States with a view to improving the legislative and administrative machinery used to prevent and punish irregularities and to recover amounts lost;

-establishing cooperation among Member States and between the Member States and the Commission focusing on irregularities that could entail consequences or occur outside the Member State conducting the related inquiry;

-making reimbursement of legal costs to the Member States subject to the condition that the Commission is kept informed and, if necessary, involved in penal measures, in accordance with the procedures laid down in the law of the Member State concerned;

-providing for the possibility of notifying the names of natural or legal persons for the purposes of implementing the agreement which, pursuant to Article 138c of the EC Treaty, will regulate the exercise of Parliament's right of inquiry;

(d)that sums unduly paid are properly recovered and that more effective steps are taken to achieve that end, namely by laying down a requirement to provide specific details of evidence serving to demonstrate that a Member State is not responsible for an irregularity or instance of negligence and making exemption from liability explicitly subject to the condition that a Member State has accepted such technical assistance as the Commission may have extended for the purposes of the recovery procedure;

3.Instructs its President to forward this resolution to the Commission.