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Changes between two versions

What changed between the adopted text of 4 Apr 2019 and the adopted text of 16 Dec 2020

From · adopted text· 4 Apr 2019

TA-8-2019-0349

Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States ***I

To · adopted text· 16 Dec 2020

TA-9-2020-0356

Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in Member States ***II

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+20 added · −152 removed · 3 changed paragraphs, packaging included.

Part 4 of 4: Paragraphs 156–179

Removed:5a. When assessing the proportionality of the measures to be imposed, the Commission shall have due regard to the information and guidance referred to in paragraph 2. [Am. 55]

Removed:6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act adopt a decision on the appropriate measures to the Council referred to in Article 4 by means of an implementing act. [Am. 56]

Removed:6a. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted. [Am. 57]

Removed:6b. By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8) of the Financial Regulation shall apply. [Am. 58]

Removed:6c. The decision referred to in paragraph 6 shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b. [Am. 59]

Removed:7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission. [Am. 60]

Removed:8. The Council, acting by a qualified majority, may amend the Commission’s proposal and adopt the amended text as a Council decision. [Am. 61]

Removed:Article 6 Lifting of measures

Removed:1. The Member State concerned may, at any time, submit to the Commission a formal notification including evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist. [Am. 62]

Removed:2. At the request of the Member State concerned or on its own initiative, the Commission, taking into account any opinions of the Panel, shall assess the situation in the Member State concerned within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of receipt of the formal notification. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures referred to in Article 4 were adopted cease to exist in full or in part, the Commission shall, submit to the Council a proposal for without delay, adopt a decision lifting those measures in full or in part. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to lift, in full or in part, the budgetary reserve referred to in Article 5(6a). The procedure set out in paragraphs 2, 4, 5, 6, and 7 6b and 6c of Article 5 shall apply. [Am. 63]

Removed:3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2. As from year n+3, an amount equivalent to the suspended commitments shall be entered in the Union Reserve for Commitments provided for in Article 12 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). [Am. 64]

Removed:Article 7 Information of the European Parliament

Removed:The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4 and 5 [Am. 65]

Removed:Article 7a Reporting

Removed:The Commission shall report to the European Parliament and the Council on the application of this Regulation, in particular on the effectiveness of the measures adopted, if any, at the latest five years after its entry into force.

Removed:The report shall be accompanied where necessary by appropriate proposals. [Am. 66]

Removed:Article 8 Entry into force

Removed:This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021. [Am. 67]

Removed:Article 8a Inclusion in the Financial Regulation

Removed:The contents of this Regulation shall be inserted into the Financial Regulation upon its next revision. [Am. 68]

Removed:This Regulation shall be binding in its entirety and directly applicable in all Member States.

Removed:Done at

Removed:For the European Parliament For the Council

Removed:The President The President