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EU Parl Watch

Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 25 Sept 2023

CONT-PR-753468

on the Protection of the European Union’s financial interests - combating fraud - annual report 2022

To · plenary report· 12 Dec 2023

A-9-2023-0434

on the protection of the European Union’s financial interests – combating fraud – annual report 2022

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 49

Change 1

Changed:C. whereas the PIF Report is based on information provided by the Member States, including data on irregularities and fraud detected; whereas the PIF Report must take into account the financial specifics of each Member State and provide the necessary flexibility in this regard;

Change 2

Added:E. whereas all Member States should be treated in a correct and objective manner;

Change 3

Changed:G.H. whereas the rule of law conditionality mechanism applies to the entire EU budget and allows measures to be taken in cases of breaches of the rule of law principles that affect or seriously risk affecting the sound financial management of the EU budget or the EU’s financial interests;

Change 4

Removed:H. whereas the Article 22 of Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (the RRF Regulation) contains provisions concerning the protection of the EU’s financial interests;

Added:I. whereas respect for the values on which the Union is founded and for fundamental rights, as well as compliance with the Charter of Fundamental Rights of the European Union are prerequisites for accessing EU funding;

Removed:I. whereas the varying levels of digitalisation in the Member States needs to be addressed by the creation of more unified, interoperable and comparable administrative and reporting systems in the EU, which are functional and necessary for a solid comprehensive analysis and for the effective prevention of irregularities and countering of fraud and corruption;

Added:J. whereas fraud and corruption represent a constant danger to the integrity of decision-making;

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Removed:J. whereas cooperation with international partners is crucial to protect EU funds spent outside Europe and the revenue side of the EU budget;

Added:K. whereas Article 22 of Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (the RRF Regulation) contains provisions concerning the protection of the EU’s financial interests;

Added:L. whereas the varying levels of digitalisation in the Member States needs to be addressed by the creation of more unified, interoperable and comparable administrative and reporting systems in the EU, which are functional and necessary for a solid comprehensive analysis and for the effective prevention of irregularities and countering of fraud and corruption; whereas the Member States must be encouraged, in parallel, to make use of EU-wide data mining tools such as Arachne or the Early Detection and Exclusion System (EDES);

Added:M. whereas Arachne is voluntary tool and, although already largely used in cohesion policy and being introduced for agricultural spending, making it mandatory – as repeatedly requested by Parliament – would be a major step forward;

Added:N. whereas the diversity of legal and administrative systems in the Member States is a disadvantage and whereas it needs to be adequately addressed to be able to create more unified, interoperable and comparable administrative and reporting systems in the EU to effectively prevent and fight fraud and corruption and overcome irregularities;

Added:O. whereas cooperation with international partners and global financial institutions is crucial to protect EU funds spent outside Europe and the revenue side of the EU budget;

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Change 5

Changed:2. Shares the Commission’s view that fraud prevention and detection and the monitoring of the return mechanisms for misappropriated funds must rely on further digitalisation and the use of cutting-edge technology based on machine learning in order to increase the accessibilityaccessibility, andinteroperability, use and management of data;data relating to potential fraud; points out that efficient anti-fraud governance and effective result-oriented processes and adequately equipped structures must be in place to ensure cooperation and coordination between all the components of the anti-fraud architecture and the relevant actors; believes that, to this end, the necessary digital and procedural knowledge must be provided to the officials responsible for the various components of the anti-fraud architecture;

Change 6

Added:3. Recalls that in order to ensure a high level of protection to the EU's financial interests, solid cooperation between the authorities conducting administrative investigations and those conducting criminal investigations at both EU and Member State levels is essential;

Change 7

Changed:4.5. Appreciates the improved overall coherence of the anti-fraud legislation across the EU, following the actions undertaken by Member States to transpose the EU rules into national systems correctly; observesexpresses concerns that, in some respects, the situation is still sub-optimal, in particular as regards the detection and reporting of suspected fraud and irregularities and their follow-up, for which the differences between Member States are still very notable;

Change 8

Added:6. Stresses that prevention and communication are key to combat fraud and corruption, and that the Commission should support the Member States in implementing effective measures in these areas;

Change 9

Changed:6.8. Regrets the fact that in many Member States national authorities do not always follow up on the Commission’s and OLAF’s recommendations, report exhaustively or adopt acknowledged good practices in a timely manner; points out that in many Member States, the percentage of irregularities that are still classified as suspected fraud many years after they were initially reported is extremely high, even in relation to cases indicated as closed; believes that such situations might suggest a lack of adequate follow-up, insufficient or inadequately trained resources, communication gaps or inefficient reporting channels, weak cooperation and coordination, or even the unjustified postponement of reclassifying irregularities as fraudulent in order to adjust the statistical reporting;

Change 10

Removed:7. Notes that the number of cases of fraud and irregularities reported by the competent EU and national authorities – 12 455 in total – slightly increased in 2022 compared to 2021; observes that the affected financing related to these cases in 2022 decreased to EUR 1.77 billion (from EUR 3.24 in 2021);

Added:9. Highlights that in such cases, the Commission should support the Member States in the debureaucratisation of the fraud detection, follow-up and reporting process;

Added:10. Suggests that both the EU and national authorities should enhance cooperation and promote greater utilisation of digital tools to combat fraud;

Added:11. Notes that the number of cases of fraud and irregularities reported by the competent EU and national authorities – 12 455 in total – slightly increased in 2022 compared to 2021; observes that the affected financing related to these cases in 2022 decreased to EUR 1.77 billion (from EUR 2.05 billion in 2021); believes that these numbers are still extremely high and represent a significant loss for the EU budget;

Change 11

Removed:9. Believes that involvement of civil society and the private sector in the efforts to combat fraud would enhance prevention and detection, and that this implies support to confidential channels and/or whistleblowers and investigative journalists, and that the latter can be effective insofar as access is given to information on projects, beneficiaries and payments;

Added:13. Believes that involvement of civil society in tackling fraud is crucial to enhance prevention and detection, and that this implies support to investigative journalism which can be effective insofar as it is given easy and adequate access to information on projects, beneficiaries and payments; stresses, in particular, the important role played by the media and investigative journalists in the fight against corruption; reiterates that enhanced and consistent levels of protection for journalists and whistleblowers across the Union helps to counter the spread of a subculture of impunity, silence and conspiracy; notes, having regard to media pluralism and media freedom, that the most recent results of the Media Pluralism Monitor (MPM 2022) registered a slight deterioration of the indicator relating to the protection of journalists and that news media concentration retains a very high risk level across the continent; takes the view that safeguarding the media from political pressure and influence, as well as guaranteeing the right of access to information held by public authorities, are essential to protect the media’s independence, its role of the watchdog of democracy and the sound management of resources;

Change 12

Changed:10.14. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 3 May 2023 on the fight against corruption (JOIN(2023)0012), acknowledging the seriousness of corruption, as it undermines the efficiency of public spending, the effectiveness of the single market and the sustainability of economic growth; points out that the fight against corruption is one of the most important commitments of the Union, on a par with transparency and integrity; stresses that the phenomenon of nepotism with regard to state-owned entities and procurement for EU funds also poses a great risk to sound management and the EU’s financial interests; welcomes, therefore, the new proposal for a directive on combating corruption;

Change 13

Removed:12. Maintains that the lack of efficient transposition of national legislation in many Member States offers opportunities to organised crime for a number of illegal cross-border activities in areas affecting the Union’s financial interests; reiterates, therefore, its previous calls for the revision of Council Framework Decision 2008/841/JHA on the fight against organised crime;

Added:16. Highlights the importance of an impact assessment which evaluates the economic and social impact of fraud on the EU’s financial interests and on its citizens; calls for an analysis of how the resources allocated for fraud prevention compare to the potential losses prevented;

Removed:13. Observes that the EU Strategy to tackle Organised Crime 2021-2025 aims to set out the tools and measures to disrupt the business models and structures of criminal organisations across borders, both online and offline; calls on the Member States to contribute on the Commission’s efforts and to establish regional cooperation networks for sharing information on cases and strategies to combat fraud perpetrated by organised criminals; recalls, in this regard, the importance of the proposed new Directive on Asset Recovery and Confiscation whose effective implementation would provide authorities with better tools to deprive organised crime groups of the financial means to carry out further criminal activities;

Added:17. Maintains that the lack of efficient transposition of national legislation in many Member States and the lack of harmonisation of national legislation offer opportunities to organised crime for a number of illegal cross-border activities in areas affecting the Union’s financial interests; reiterates, therefore, its previous calls for the revision of Council Framework Decision 2008/841/JHA on the fight against organised crime and for the introduction of a new common definition of organised crime, taking into account, in particular, the use of corruption, violence, threats or intimidation to obtain control of economic activities or procurement;

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Added:18. Observes that the EU Strategy to tackle Organised Crime 2021-2025 aims to set out the tools and measures to disrupt the business models and structures of criminal organisations across borders, both online and offline; calls on the Member States to contribute on the Commission’s efforts and to establish regional cooperation networks for sharing information on cases and strategies to combat fraud perpetrated by organised criminals; recalls, in this regard, the importance of the proposed new Directive on Asset Recovery and Confiscation whose effective implementation would provide authorities with better tools to deprive organised crime groups of the financial means to carry out further criminal activities; recalls, furthermore, that in the fight against cross-border organised crime, the exchange of best practices and development of common and coordinated strategies are pivotal;

Change 14

Removed:16. Welcomes the fact that the Commission has included a specific section on anti-corruption in its report on the rule of law in order to provide an in-depth comparative analysis of the approaches, procedures and tools used by the Member States in their fight against corruption and to help to assess which areas are most at risk;

Added:21. Is concerned about the reports that OLAF’s investigation into corruption and conflicts of interest concerning Member of the European Parliament has been obstructed by the lack of access to their offices and work devices; calls on its President to grant OLAF access to the premises and all of the necessary information required for the sake of investigations;

Removed:17. Observes that, via IMS, in the period 2018-2022, 375 cases related to conflicts of interest were reported, which is often detected in environments similar to those where corrupt practices occur; underlines that the large majority of reported cases of conflicts of interest are linked to the implementation of cohesion policies (86 % compared to 9 % for agriculture and 5 % for pre-accession), involving almost EUR 117 million overall for this period; underlines that the reported conflicts of interest mainly point to relations between recipients of the funds and their contractors and sub-contractors, while only 7 % of cases refer to conflicts of interest during the stage of awarding and/or evaluating projects, thereby involving members of evaluation committees;

Added:22. Points out that the EPPO has an ongoing investigation into the acquisition of COVID-19 vaccines by the Commission;

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Removed:18. Believes that this could be an indicator of the positive impact and deterrent effect of the amendments to the financial rules, which have been made applicable to all national authorities handling EU funds, together with the fact that one third of the cases were detected through sources external to the management and control system, including whistleblowers and investigative journalists, which suggests an adequate level of transparency and accessibility and contributions from civil society;

Added:23. Stresses the obligation of every EU institution, Member State and public or private recipient of Union funds to disclose all relevant documents, including information on the preliminary negotiations conducted by the Commission, upon an official request of the ECA as part of an ongoing audit; recalls Parliament’s recommendation, in its 2020 discharge resolution (Section III – Commission), related to access to the text messages exchanged with a pharmaceutical company regarding the purchase of a COVID-19 vaccine;

Removed:19. Is also aware that the overall occurrence of cases of conflicts of interest is higher than reported in the IMS, as indicated by the additional information received by the Commission’s Directorates-General for Regional and Urban Policy and for Employment, Social Affairs and Inclusion about conflict of interest cases and related recoveries in public procurement in the European Social Fund, Cohesion Fund and European Regional Development Fund, reported directly from the Member States via the EU’s fund management system (known as the SFC, which in 2014-2020 presented 31 additional cases related to 16 programmes in 11 Member States with an impact of EUR 3.4 million);

Added:24. Highlights that the zero-tolerance policy towards corruption must be mainstreamed and properly communicated in the context of the European elections, to increase voter turnout and citizens’ trust in public institutions;

Added:25. Welcomes the fact that the Commission has included a specific section on anti-corruption in its annual report on the rule of law in order to provide an in-depth comparative analysis of the approaches, procedures and tools used by the Member States in their fight against corruption and to help to assess which areas are most at risk; asks the Commission to always include recommendations and follow-up observations for Member States for all sections of the rule of law report; reiterates the importance of fully addressing country-specific recommendations relating to corruption; calls on the Member States to take into account the findings of the the rule of law report when developing their anti-corruption policies; calls on the Commission to intervene and support the Member States in addressing structural challenges regarding their anti-corruption capacity;

Added:26. Points out that the 2022 Eurobarometer surveys on corruption show that corruption remains a serious concern for EU citizens and businesses in the EU, with a large part of European citizens believing that corruption is widespread in their country (68 %) and that the level of corruption has increased (41 %); appreciates that almost all Member States currently have anti-corruption strategies in place, which are regularly evaluated and revised, and recalls that not only a robust legal framework but also effective implementation are needed to eradicate corruptive practices and that preventing such practices also requires transparent and accountable governance and integrity frameworks; welcomes, in this context, the anti-corruption proposals presented by the Commission, which follow the calls from Parliament to step up the fight against corruption; notes that the Commission intends to integrate the prevention of corruption into the design of EU policies and programmes, and to actively support Member States’ efforts to put in place strong anti-corruption policies and legislation; commends the will to tackle the cross-border dimension of corruption by criminalising corruption offences and harmonising penalties across the EU in coordination with the High Representative’s proposal to establish a dedicated common foreign and security policy sanctions regime in order to target serious acts of corruption worldwide;

Added:27. Emphasises that corruption and money laundering are intrinsically linked, and that money laundering is one of the most important enablers of organised crime’s illegal activities by which criminals transfer the proceeds of their crime into the legal economy, and is aware that fraud against the EU budget may also be a predicate offence precursor to money laundering; stresses that the transnational dimension of these crimes makes them difficult to prevent, detect and counter as a result of heterogeneous legal systems; welcomes the progress on the establishment of the new Anti-Money Laundering Authority, following the proposal from the Commission in July 2021, the political agreement achieved in Council on 29 June 2022 and its position agreed on 7 December 2022 on the single rulebook, and the mandate to enter trilogues granted by Parliament’s Plenary on 17 April 2023; regrets that the authority will not be fully operational until 2026;

Added:28. Observes that, via IMS, in the period 2018-2022, 375 cases related to conflicts of interest were reported, which can also be detected in environments similar to those where corrupt practices occur; underlines that the large majority of reported cases of conflicts of interest are linked to the implementation of cohesion policies (86 % compared to 9 % for agriculture and 5 % for pre-accession), involving almost EUR 117 million overall for this period; underlines that the reported conflicts of interest mainly point to relations between recipients of the funds and their contractors and sub-contractors, while only 7 % of cases refer to conflicts of interest during the stage of awarding and/or evaluating projects, thereby involving members of evaluation committees;

Added:29. Believes that this could be an indicator of the positive impact and deterrent effect of the amendments to the financial rules, which have been made applicable to all national authorities handling EU funds, together with the fact that one third of the cases were detected through sources external to the management and control system, including whistleblowers and investigative journalists, which suggests a basic level of transparency and accessibility and contributions from civil society;

Added:30. Notes also with concern that the overall occurrence of cases of conflicts of interest is higher than reported in the IMS, as suggested by the additional information received by the Commission’s Directorates-General for Regional and Urban Policy and for Employment, Social Affairs and Inclusion about conflict of interest cases and related recoveries in public procurement in the European Social Fund, Cohesion Fund and European Regional Development Fund, reported directly from the Member States via the EU’s fund management system (known as the SFC, which in 2014-2020 presented 31 cases related to 16 programmes in 11 Member States with an impact of EUR 3.4 million);

Added:31. Reiterates its call to make the annual PIF report more holistic, in order to provide a comprehensive overview of the synergies between all relevant actors, identify best practices and address shortcomings; welcomes, in this regard, the inclusion in the PIF Report 2022 of findings from the EPPO and OLAF annual reports; calls for the further improvement of this holistic approach, aiming at providing a clearer, more complete and more concrete picture of the overall state of play of the protection of the Union’s financial interests, encompassing the entirety of anti-fraud action, both at national and EU level;

Added:32. Calls for the provisions on conflicts of interest to be applied in a way that ensures legal certainty, to be based on a clear and proportionate assessment of the risks and allow a practical application by the competent authorities; calls for the Commission guidelines to provide clarity to applicants and decision-making bodies, to avoid unnecessary administrative burdens and to respect the principle of proportionality;

Change 15

Changed:20.33. Observes that, in 2022, the overall number of fraudulent and not fraudulent irregularities related to Traditional Own Resources (TOR) (4 661) was 7.6 % higher compared to the five-year average (2018-2022); notes with concern that the overall amounts affected by such irregularities, as estimated and established by Member States, also noticeably increased (by 47 %, reaching EUR 783 million); highlights, on the same issue, that the overall recovery rate in 2022 for both fraudulent and non-fraudulent cases was only 48 % (compared with 54 % in 2021) and that the figure for fraudulent cases was only 25 %, which was distributed across Member States very heterogeneously; asks the Commission to put greater efforts into the swift recovery of abused funds;

Change 16

Added:36. Welcomes OLAF’s role in detecting and investigating fraud against the EU’s TOR; takes note of a slight decrease in the number of open investigations in the field of own resources in 2022 and calls on the Commission to ensure that OLAF is provided with adequate resources to fully and effectively exercise its mandate;

Change 17

Added:41. Underlines that effective cooperation between OLAF and the EPPO is a prerequisite for the sound management and protection of the financial interests of the EU budget, both on the expenditure and the revenue side; considers, in this context, that such strengthened cooperation can lead, on the revenue side, to an increase in the collection of revenue to the EU budget, thereby decreasing the GNI-based contribution of Member States, and on the expenditure side, to ensure that taxpayers’ money is adequately spent;

Added:42. Stresses the importance that OLAF and the EPPO should maintain operational independence;

Added:43. Welcomes the statement of the President of the Commission Ursula von der Leyen that the EU needs to safeguard money being spent according to the purpose intended for it and in line with the rule of law principles, and to ensure that funds are protected;

Change 18

Changed:28.45. Remarks that even if in 2022 the fraudulent irregularities reported under support to agriculture increased in comparison with 2021, the detection rates for rural development were noticeably higher than for support to agriculture; notes that within support to agriculture, the highest level of fraud was reported forby marketthe measuresMember andStates thatfor market measures; several complex cases related to the promotion of agricultural products were also investigated by OLAF;

Change 19

Changed:29.46. Regrets that during the period 2018-2022, in both rural development and direct payments, the contributions to the detection of fraudulent cases provided by risk analysis, whistleblowers, informants and investigative journalists has been very limited; is also concerned about the length of the administrative procedures opened to deal with the fraudulent cases reported, which, on average and during 2014-2022, required nearly four years from the start of the irregularity to arrive at a suspicion of fraudulent activity, and nearly three more years to close the case after reporting it to the Commission; points out that, for cohesion, it took about a year and a half to arrive at a suspicion that a fraudulent irregularity had been committed and more than two years to close the fraudulent case after reporting it to the Commission; asks the Commission to provide recommendations and to follow-up more frequently with the Member States’ authorities to reduce the length of administrative procedures;

Change 20

Removed:34. Notes that, in 2022, the recovery items registered for irregularities were 770 (compared to 879 in 2021), of which 37 were for fraudulent cases (compared to 54 reported as fraudulent in 2021) amounting to EUR 61.28 million (of which EUR 5.67 million were for fraud, compared to EUR 7.04 million in 2021);

Added:51. Notes with concern the findings of the ECA 2022 annual report on the implementation of the EU budget for the 2022 financial year, which show that despite improvements, audit authorities continue to address the risk of fraud insufficiently, and that Member State authorities do not report suspected fraud cases in the IMS as required; calls on these issues to be urgently addressed by the Commission;

Added:52. Notes that, in 2022, the recovery items registered for irregularities in direct management were 770 (compared to 879 in 2021), of which 37 were for fraudulent cases (compared to 54 reported as fraudulent in 2021) amounting to EUR 61.28 million (of which EUR 5.67 million were for fraud, compared to EUR 7.04 million in 2021);

Change 21

Changed:36.54. NotesIs concerned that, between 2018 and 2022, average recovery remainslevels atwere positivestill levels,low, with an average recovery rate of 56 % (resulting from 34 % for ‘irregularities reported as fraudulent’ and 59 % for ‘irregularities not reported as fraudulent’); asks the Commission to put greater efforts into the swift recovery of abused funds;

Change 22

Added:55. Reiterates once more its call on the Commission to submit a legislative proposal on mutual administrative assistance in the areas of EU funds spending that do not provide for this practice so far, in order to ensure a cross-cutting approach to the protection of the Union’s financial interests;

Change 23

Changed:37.56. IsRecalls awarethat, thatowing to the implementationspecific design of the RRFRRF, isMember reachingStates itstogether peakwith andthe Commission should ensure that the regulation governingfinancial itsinterests deploymentof requiresthe MemberUnion Statesare toeffectively putprotected, in placeline effectivewith andtheir efficientrespective controlresponsibilities; systems,underlines withthat athe viewMember toStates’ protectingcontrol thesystems Union’smust financialensure intereststhat andRRF-funded ensuringinvestment complianceprojects comply with EU and national rules; pointsrecalls outthat that,the inCommission particular,and the counteringMember ofStates fraud,must corruption,prevent conflictsany ofaccountability interestgap (definedat asEU ‘seriouslevel irregularities’)and, andif doublenecessary, fundingput shouldin receiveplace appropriateadditional resourcessafeguards andto attention;address this issue, in line with the relevant recommendations of the ECA;

Change 24

Added:57. Is aware that the implementation of the RRF is reaching its peak and that the regulation governing its deployment requires Member States to put in place effective and efficient control systems, with a view to protecting the Union’s financial interests and ensuring compliance with EU and national rules;

Change 25

Removed:39. Remarks that the Commission’s audit work has confirmed variations in the internal control systems across the implementing and coordinating bodies, identifying good practices in some of the procedures in place to verify and prevent fraud, corruption, conflicts of interest and double funding;

Added:59. Is concerned that the ECA identified weaknesses in the Member States’ reporting and control systems, some of which were not fully functional at the presentation of the recovery plans, posing a risk to the regularity of RRF expenditure and to the protection of the EU’s financial interests leading to the adoption of ‘control milestones’;

Removed:40. Reiterates that the effective prevention, detection and investigation of illegal activities threatening the implementation of the NGEU depend on the effective collection and sharing of data, including the rapid handling of access requests from investigative services within a Member State, as well as from other countries or at EU level, by OLAF and the EPPO to whom access is to be granted;

Added:60. Remarks that the Commission’s audit work has also confirmed variations in the internal control systems across the implementing and coordinating bodies, identifying good practices in some of the procedures in place to verify and prevent fraud, corruption, conflicts of interest and double funding; invites the Member States to share their best procedures in order to facilitate more coordinated and fraud-proof processing of the funds;

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Added:61. Is aware of the inherent characteristics of the RRF spending model, the difficulty of the assessment of an error rate comparable (to other EU spending areas) and the limitations posed by the Commission’s payment suspension methodology; recalls, nevertheless, that delays can be observed in Member States’ submission of payment requests under the RRF and calls on the Commission to remain vigilant, in particular towards the end of the RRF lifecycle, in order to ensure that Member States protect the financial interests of the EU and that EU taxpayers’ money is adequately spent; points out that, in particular, the countering of fraud, corruption, conflicts of interest (defined as ‘serious irregularities’) and double funding should receive appropriate resources and attention;

Added:62. Recalls the findings of the ECA in the 2022 Annual report, namely that control milestones in the national recovery and resilience plans vary in their requirements and granularity; questions why certain Member States were required to merely design their control system, while others were required to have an operational system;

Added:63. Calls on the Commission to urgently revise its ex post audit procedures, in order to ensure adequate verification of whether the audited targets previously assessed as fulfilled were not reversed after the respective payments;

Added:64. Further calls on the Commission to continuously monitor the fulfilment of the milestones and targets relating to the protection of the financial interests of the EU and to apply all necessary measures in the event of lack of compliance or the reversal of previously fulfilled milestones, including proportionate reduction of the support under the RRF and recovery of any amount due to the Union budget, or to ask for early repayment of the loan, in cases of fraud, corruption, and conflicts of interests affecting the financial interests of the Union, or a serious breach of an obligation resulting from the financing agreements, which have not been corrected by the Member State;

Added:65. Reiterates that the effective prevention, detection and investigation of illegal activities threatening the implementation of the NGEU, in particular the risks of the infiltration of organised criminal groups, depend on the effective collection and sharing of data, including the rapid handling of access requests from investigative services within a Member State, as well as from other countries or at EU level, by OLAF and the EPPO and, if necessary, by Eurojust and Europol, to whom access is to be granted;

Added:66. Regrets the Commission’s interpretation of the concept of ‘final recipient’ under the RRF; recalls that, according to the modified RRF Regulation, Member States should publish the list of the largest 100 final recipients receiving the highest amount of funding for the implementation of measures under the RRF; regrets that the Commission does not request that Member States provide information on the final beneficiary or recipient of RRF funding and chose to require Member States to provide information only about ‘second-level recipients’; is of the opinion that this interpretation is not in line with the agreement between the co-legislators;

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Changed:42.68. Welcomes the Ombudsman’s strategic initiative, launched in February 2022, conducted to examine the transparency of the national recovery and resilience plans, public information and communication strategies on the RRF, and on how the funds are supervised; emphasises the importance of this initiative, given that the ECA annual report for 2022 contained a higher estimated level of error for that year; welcomes Ombudsman’s efforts to improve transparency standards in the RRF;

Change 27

Added:69. Recalls the ‘NextGenerationEU - Law Enforcement Forum’ (NGEU-LEF), a joint initiative co-led by Europol and Italy, bringing together Europol, the EPPO, OLAF, Eurojust, the European Union Agency for Law Enforcement Training and national authorities by providing a forum for intelligence sharing and the coordination of operations to tackle the infiltration of organised crime into the legal economy, and to protect the NGEU stimulus package, with a specific focus on corruption, tax evasion, embezzlement and money laundering; welcomes the fact that the NGEU-LEF initiative won the European Ombudsman Award for Good Administration 2023 in the category ‘most popular with the public’;

Added:70. Is concerned that many issues still exist, mainly because of a lack of sufficient supervision by coordinating bodies, incomplete anti-fraud strategies, missing elements in fraud risk assessments, a need for improvement of the ex ante controls aimed at preventing conflicts of interest, low participation in training activities intended to raise awareness of fraud, and deficiencies in the reporting of irregularities to OLAF for possible investigation; asks the Commission to inform Parliament about the issues identified, the recommendations addressed to the Member States and the follow-up given to resolve the issues;

Added:71. Highlights that enhanced transparency plays a vital role in exposing fraudulent schemes and discouraging fraudulent actions; calls on new transparency initiatives and policies introduced to promote accountability;

Change 28

Changed:44.73. Is aware that the efforts made by the Commission and other implementing bodies to digitalise the EU budget have to overcome many obstacles in order to enhance compatibility between the IT systems used by the many entities involved; appreciates, in this regard, the consistency of the communication to the Commission of 30 June 2022 entitled ‘European Commission digital strategy – Next generation digital Commission’ (C(2022)4388); points out that digitalisation has been a strategic priority of the Commission for many years; believes that streamlining the management of EU funds requires further simplification of the IT landscape and reiterates that interoperability should be mainstreamed in EU policies in order to enhance compatibility between the IT systems used by the many entities involved;

Change 29

Added:74. Highlights the necessity of enhancing the level of interoperability of data systems and the harmonisation of reporting, monitoring and auditing in the EU; reiterates, to this end, its call on the Commission to harmonise definitions in order to obtain comparable data across the EU;

Change 30

Removed:46. Notes that among the available options, Arachne was by far the most widely-used IT system (by 21 Member States), in support of the European Structural and Investment Funds (ESIF) and the RRF; observes that many Member States used their own dedicated anti-fraud IT tools, often in conjunction with EU tools, although those tools were rarely interoperable;

Added:76. Reiterates its strong support for the obligatory use of the single integrated IT system for data-mining and risk-scoring, Arachne, envisaged by the Financial Regulation recast, which should ensure better protection of the Union’s financial interests, alongside and complementing the IT tools developed at national level by the Member States;

Removed:47. Reiterates its support for the single integrated IT system for data-mining and risk-scoring envisaged by the Financial Regulation recast, which should ensure better protection of the Union’s financial interests;

Added:77. Notes that among the available options, Arachne was by far the most widely-used IT system (by 21 Member States), in support of the European Structural and Investment Funds (ESIF) and the RRF; observes with concern that many Member States used their own dedicated anti-fraud IT tools, often in conjunction with EU tools, although both types of tools were rarely interoperable and therefore hampered the detection and reporting of fraud to the Commission;

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Removed:48. Notes that the digitalisation of the fight against fraud is also one of the focuses of the revision of the action plan launched in 2022 accompanying the Commission Anti-Fraud Strategy (CAFS), adopted in 2019 and which needs to be adjusted to the rapidly shifting economic and social scenarios and to the new challenges; is aware that the Commission successfully implemented 60 of the total of 63 actions and that some of these are continuous in nature and ongoing; invites the Commission to present to Parliament the underlying standards and criteria that the revised action plan will endorse;

Added:78. Emphasises that the EDES, as the EU’s blacklist, has huge potential for flagging people and companies that misuse EU funds; calls for the EDES to be extended to all types of management modes, in particular to shared management; stresses that Member States’ differing approaches to exclusion measures contribute to unevenness in the protection of the EU’s financial interests; underlines the need to make mandatory the use of the EDES as the common exclusion system for funds managed by Member States; believes that this reinforcement would strengthen the capacity of the EU and Member States to protect the financial interests of the Union and ultimately taxpayers’ money; urges Member States, in the interests of safeguarding the financial interests of the EU budget, to accept this extension without any delay;

Added:79. Points out that consolidating, centralising and publishing the information on the recipients of EU funding provided by Member States and other implementing entities in a single database would enhance financial transparency by encompassing different forms of management modes and allowing cross-checks and exhaustive analyses; calls on the Commission to encourage the relevant stakeholders, including the national authorities, to cooperate on this aim; draws the Commission’s attention to the need to protect personal data and sensitive information on beneficiaries;

Added:80. Maintains that digitalisation and state-of-the-art IT tools at the national and EU level would improve the management, control and audit of EU funds, and could contribute to preventing irregularities and to substantially reducing bureaucracy, as digitalisation allows easier and quicker access and cross-checks, remotely, to important sets of data, preventing the need for on-the-spot checks and controls;

Added:81. Welcomes and supports the assessment of the ECA in its 2022 Annual report calling for the deployment of the IT system for data-mining and risk-scoring Arachne to be advanced from 2028 to 2025; recalls Parliament’s position calling for the system to be deployed as of 2026;

Added:82. Notes that the digitalisation of the fight against fraud is also one of the focuses of the revision of the action plan launched in 2022 and adopted in July 2023, accompanying the Commission Anti-Fraud Strategy (CAFS) of 2019 and adjusted to the rapidly shifting economic and social scenarios and to the new challenges; is aware that Commission successfully implemented 60 out of the 63 actions of the previous plan overall and that some of these are continuous in nature and ongoing; invites the Commission to present to Parliament the underlying standards and criteria that the revised action plan has endorsed;

Added:83. Calls for recognition of the importance of incorporating visual aids such as charts and graphs to make statistical information more accessible and easier to understand;

Added:84. Calls for the implementation of advanced data analytics, artificial intelligence and machine learning in identifying irregularities;

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Changed:49.85. Welcomes the actions launched by the Commission in 2022 to enhance the level of protection of the EU’s financial interests;interests but calls for further vigilance and complementary actions in this field;

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Added:86. Recalls its previous resolutions underlining that countering fraud against the EU budget can only be effective if approached holistically, covering all the stages of the anti-fraud cycle and drawing on a multitude of stakeholders, processes and actions; points out that the four stages of this cycle (prevention; detection; investigation and prosecution; recovery and sanction) require risk analyses, reporting processes and cooperation to be pursued by harmonised interventions at legislative, administrative, organisational and operational levels; recalls the observation by the ECA in its Special report on the EU’s financial landscape pointing out that the complexity of the galaxy of funds and instruments complementing the EU budget brings an increasing risk of serious gaps in the system of audit and control and a lack of accountability; believes that this complexity requires an equally comprehensive and focused approach for the protection of the financial interests involved, in order to tackle irregularities and fraud which could occur by taking advantage of the overall opacity of the financial landscape; recalls that the current fragmentation of the accessible data calls for standardised measures to collect, compare and aggregate information and figures, in particular on the final recipients and beneficiaries of Union funding, for the purposes of audit and control, including investigations;

Change 33

Changed:54.91. RemarksRegrets the fact that the participation of Member States in the EPPO is not obligatory; remarks that, in 2022, only 22 Member States already participated in the EPPO, with the same five countries as in 2021 abstaining; insists that Member States which havedo not yet participated,participate, must do so without delay; calls on the Commission to incentivise participation in the EPPO through positive measures;

Change 34

Changed:56.93. Calls on the Commission to engage in a constructive dialogue with the EPPO, with a view to strengthening the Office’s capacity to tackle the constantly increasing challenges in the anti-fraud landscape;landscape, including, where appropriate, by addressing the shortcomings identified in the EPPO Regulation; stresses, at the same time, the need to ensure the fundamental principle and rules laid out in the EPPO Regulation, namely that the office must be independent and must be granted an autonomous budget in order to act in the interests of the Union as a whole and in line with the Conditionality Regulation;

Change 35

Added:94. Calls on the Commission to ensure that the efficiency and efficacy of OLAF’s work in corruption and fraud detection is maintained and that, therefore, the reduction of OLAF’s annual budget envisaged for full-time employees must be considered in line with the true business needs of OLAF, as reflected in its annual report;

Change 36

Removed:63. Observes that in 2022 the exclusion proceedings launched by the EIB following IG/IN investigations resulted in the exclusion of four economic operators from participating in any EIB-financed projects or activities; calls on the Commission to explore the possibility of making more uniform the exclusion criteria used by the EIB and the EIF in respect of those used in the Early Detection and Exclusion System (EDES), considering that the Financial and Administrative Framework Agreements with the EIB and the EIF cover only five of the seven EDES exclusion situations;

Added:101. Stresses the added value that EU bodies bring to the protection of the financial interests of the Union and the fight against fraud, especially when it comes to cross-border crime, as shown by the operational results from the EPPO and OLAF also in 2022; reiterates its call to ensure that all relevant EU actors involved in the fight against fraud have adequate resources and, in this regard, reminds the Commission and the Council that every euro spent on investigation and anti-fraud actions returns to the EU budget;

Added:102. Observes that in 2022 the exclusion proceedings launched by the EIB following IG/IN investigations resulted in the exclusion of four economic operators from participating in any EIB-financed projects or activities; calls on the Commission to explore the possibility of making more uniform the exclusion criteria used by the EIB and the EIF in respect of those used in the EDES, considering that the Financial and Administrative Framework Agreements with the EIB and the EIF cover only five of the seven EDES exclusion situations;

Change 37

Added:105. Highlights the significant differences between Member States that can still be seen in the detection, reporting and follow-up of suspected fraud; encourages, therefore, the Member States to take a proactive approach to protecting the Union’s financial interests, to enhance the exchange of information between their national authorities and with EU bodies and agencies, also in order to identify and address emerging risks and fraud trends in a timely manner;

Change 38

Changed:67.107. Remarks that the NAFS need to be adopted or updated by as many Member States,States as possible, and reiterates that the need for such revisions stems from the new anti-fraud landscape, with the EPPO now fully operational, and from the opportunity to reflectidentify new significant risks in the increasingly complex fraud landscape;

Change 39

Changed:68.108. Reiterates its appreciation for the Commission’s encouragement to Member States to adopt NAFS, which has so far resulted in an increase in the number of NAFS adopted;adopted, whereby 15 Member States had adopted NAFS by the end of 2022, nine of which were cross-cutting and therefore covered the EU’s financial interests fully;

Change 40

Changed:69.109. Notes with concern that, by the end of 2022, only three Member States (Finland, Ireland and Poland) still indicated that they had not adopted any strategy for protecting the EU’s financial interestsinterests; andnotes that five Member States (Belgium, Spain, Luxembourg, the Netherlands and Romania) indicated that they were in the process of establishing one,one; whileurges the other Member States haveto alternativeadopt strategiesa atNAFS national,to regionalshow orthat sectoralthey leveltake or,the inprotection someof cases,EU combinefunds them;seriously;

Change 41

Changed:72.112. Takes note of the Council decision of 16 December 2022 to suspend the disbursement of EUR 6.3 billion of EU funds to Hungary; expects the Commission and the Council to lift the adopted measures only where evidence is collected that the remedial measures adopted by the Hungarian Government have proven effective in practice and, in particular, that no regression has been detected on already adopted measures; regrets that thus far the Hungarian Government has shown little willingness to fulfil the requirements of the conditionality mechanism; reiterates, however, its opinion that the 17 measures alone, as negotiated by the Commission and the Hungarian Government, are not sufficient to address the existing systemic risk to the EU’s financial interests and regrets that the Commission did not request sufficient substantial changes and safeguards to restore the independence of the judiciary and reduce the level of corruption; is very concerned about the media reports affirming that the Commission is planning to lift the suspension measures in Hungary in exchange for the government’s endorsement of aid for Ukraine; believes that the Commission should never give in to blackmail, particularly when it endangers the protection of the EU’s financial interests;

Change 42

Changed:73.113. CallsRegrets that the Commission is not transparent enough about the relevant developments; calls, therefore, on the Commission to inform Parliament and the Council swiftly and regularly aboutof anythe relevantongoing developmentsnegotiations and reminds the Commission, in particular, of its legal obligations set out in Article 25(2) of the RRF Regulation and Article 8 of the Conditionality Regulation;

Change 43

Changed:74.114. Is concerned by the findings of the Third Rule of Law Report on the critical situation in Poland, in particular as regards the serious shortcomings in the judiciary and the media sector; recalls that Poland’s non-compliance with the rulings of the Court of Justice of the European UnionCJEU has resulted in the payment of EUR 360 million in fines since 2021 and strongly encourages the Commission to keep withholdingrelease paymentsfunds from the RRF untilonly once all the conditions for a fullmilestones integrationrelating ofto the rule of law have been fullyfulfilled satisfied;in their entirety;

Change 44

Added:115. Calls on the Commission to update the fraud reporting system for funds spent in non-EU countries; notes that the new system should take into account the specific issues that the EU faces when spending money outside EU territory;

Change 45

Added:117. Reiterates that although the EU currently stands as an observer within GRECO, it is strongly advised that it become a fully operating member, therefore i) participating in the monitoring of the implementation of widely recognised international law and standards; ii) horizontally communicating with other GRECO members on anti-fraud policies and tools; iii) sharing experiences at international level to help with the recognition of potential deficiencies of the EU’s internal mechanisms to identify corruption; and iv) optimally combat fraud by the timely activation of prevention and detection measures; requests the Council to provide a clear position on the EU joining GRECO, clarifying if there is any specific opposition to this and, if so, by which Member State;

Change 46

Changed:77.119. Believes that funds under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI-Global Europe) for assistance in non-EU countries and the resources allocated for Europe’s response to the war in Ukraine are not adequately monitored and controlled; calls on the Commission to put appropriate measures in place, including the carrying out of more thorough checks, to ensure that EU funds sent to neighbouring countries end up benefiting those that are most in need;

Change 47

Added:120. Underlines that in the context of Russia’s war of aggression against Ukraine, it is envisaged that the EU budget will contribute significantly to the proposals for longer-term structural solutions to Ukraine’s funding needs; stresses, in this context, the need to protect the rule of law and the financial interests of the Union and to prevent, detect and correct fraud, corruption, conflicts of interest and irregularities in the use of Union funds in Ukraine, which should be based on the principles of transparency and accountability; considers that any related financing instruments should contain stringent provisions and safeguards in order to attain these objectives;

Change 48

Removed:79. Reaffirms its strong belief that only by strengthening the EU anti-fraud architecture can the protection of the EU’s financial interests be effectively and efficiently pursued and enhanced, overcoming the inherent limits of the national systems which are not sufficient to counter the increasingly transnational attacks against the Union’s financial interests;

Added:122. Recommends the suspension of budgetary support in non-EU countries, including candidate countries, where the authorities manifestly fail to take genuine action against widespread corruption, while ensuring that the assistance reaches the civil population through alternative channels; calls for greater priority to be given to the fight against corruption in pre-accession negotiations, with a focus on capacity building, such as via specialised anti-corruption bodies; calls on the Commission to send clear signals to candidate countries that a backlash against rule of law standards will jeopardise or delay accession to the EU; regrets the fact that, according to ECA Special report No 01/2022, EUR 700 million in financial support for the improvement of the rule of law in the Western Balkans provided by the EU between 2014 and 2020 had little impact on fundamental reforms;

Added:123. Calls for international collaboration with international organisations and neighbouring countries in preventing cross-border fraud; reiterates the importance of the exchange of best practices in this context;

Added:124. Reaffirms its strong belief that only by strengthening the EU anti-fraud architecture can the protection of the EU’s financial interests be effectively and efficiently pursued and enhanced, by encouraging interoperability and adjustment to a unified anti-fraud strategy framework for the Member States within the EU opting for more inflows in terms of quantitative and qualitative data analysis, so as to overcome the inherent limits of the national systems which are not sufficient to counter the increasingly transnational attacks against the Union’s financial interests;

Change 49

Added:Under the Treaty on the Functioning of the European Union (Art 325(5)), the Commission is required to produce an Annual Report on the Protection of the EU’s Financial Interests (known as PIF Report), detailing the measures taken at European and national level to counter fraud affecting the EU budget. The report is based on information reported by the Member States, the analysis of this information allows assessing which areas are most at risk, thereby helping to better target action at both EU and national level for protecting the financial interests of the Union.

Added:The European Parliament pays particular attention to the results reported in the PIF Report and to the analysis carried out, on this basis, by the Commission. Moreover, with the establishment of the Anti-Fraud Architecture, the European Parliament’s INI Report on the protection of the Union's financial interests has become more comprehensive and it includes more data and information, originating also from the European Anti-Fraud Office (OLAF) and from OLAF Supervisory Committee Annual Reports, from the European Public Prosecutor's Office Annual Report, from Europol and the other components of the Anti-Fraud Architecture, encompassing the implementing actions of the Conditionality Regulation, the transposition of the Directives on Anti-Money Laundering and Whistleblowers, the Strategy to counter Organised Crime and the dedicated provisions of the Financial Regulation.

Added:The INI Report reaffirms that only by strengthening the EU Anti-Fraud Architecture can the protection of the EU’s financial interests be effectively and efficiently pursued, overcoming the national systems’ inherent limits which are not sufficient to counter the increasingly transnational aggressions to the Union’s financial interests. The Rapporteur stresses that fraud prevention and detection must rely on fraud risk analysis and on further digitalisation and interoperability of databases, and that efficient anti-fraud governance and effective result-oriented processes implemented by adequately equipped structures must be in place, to ensure cooperation and coordination among all the components of the anti-fraud architecture.