Parltrack

Activites

• 2007/03/22 Proposal withdrawn by Commission
• 2004/09/16 Committee referral announced in Parliament, 1st reading/single reading
  • BUDG
  • CONT CONT/5/20721; CONT/6/21170 GRÄSSLE Ingeborg PPE-DE BÖSCH Herbert PSE,
  • CONT CONT/5/20721; CONT/6/21170 BÖSCH Herbert PSE
  • JURI
  • JURI GARGANI Giuseppe PPE-DE
  • LIBE BORGHEZIO Mario IND/DEM
  • LIBE
• 2004/02/25 Committee referral announced in Parliament, 1st reading/single reading
  • BUDG
  • CONT CONT/5/20721; CONT/6/21170 GRÄSSLE Ingeborg PPE-DE BÖSCH Herbert PSE,
  • CONT CONT/5/20721; CONT/6/21170 BÖSCH Herbert PSE
  • JURI
  • JURI GARGANI Giuseppe PPE-DE
  • LIBE BORGHEZIO Mario IND/DEM
  • LIBE
• 2004/02/10 Legislative proposal
  • COM(2004)0103 summary

    PURPOSE : to amend Regulation 1073/1999/EC on the investigations conducted by the European Anti-Fraud Office (OLAF). PROPOSED ACT : Regulation of the European Parliament and of the Council. CONTENT : The Eurostat affair has revealed shortcomings in OLAF's activities, which the Commission proposes to remedy. In substance, the proposal has the following main objectives: - To strengthen OLAF's operational efficiency: This will allow OLAF to concentrate on the priorities to be fixed in its annual work programme, after obtaining an opinion from the Supervisory Committee. The work programme will also take into account the views expressed by the institutions, and in particular the Commission, on the priorities of anti-fraud policies and activities. Based on the principle that action is taken as appropriate, it will be clarified that OLAF has discretion over whether or not to open investigations, and therefore can pass on to the appropriate authorities the task of following up cases that are of minor significance or lie outside its priority activities. More generally, the procedures for opening and closing investigation and the relationship between internal action by the European institutions and bodies, on the one hand, and OLAF investigations, on the other, must be clarified. As long as OLAF is conducting an internal investigation, the institutions, bodies and agencies should not open parallel enquiries. On the other hand, there must be mechanisms ensuring that such institutions, bodies and agencies learn quickly whether or not OLAF is conducting an internal investigation on a given set of facts, and can take over without delay cases in which OLAF decides not to intervene. The proposed provisions will also give the Supervisory Committee increased oversight over long investigations: OLAF must report to the Committee on these after 12 months, justifying its decision to continue to pursue the case. For any extension of the investigation beyond 18 months, the opinion of the Committee is needed before OLAF decided to continue. Institutions "concerned" by an investigation will have to be informed of the reasons for OLAF's decision to extend it beyond 12 months. Where the delay caused the institution particular concern, it will be able to seek the opinion of the Committee. As in the past, the decision whether or not to open an investigation will remain with OLAF and the Office's functional independence will be scrupulously respected. -To improve the information flow between OLAF and the European institutions. The existing provisions of Regulation 1073/1999 are vague on whether or not, and to what extent, OLAF must pass on information to the institution or body concerned. However, such information is indispensable for the European institutions to exercise their political responsibility in cases involving suspected wrongdoing of their officials and/ or necessitating administrative action on their part so as to protect the interests of the Union. In these cases, there will be a clear obligation for OLAF to inform the institution concerned. In addition the institution concerned must also be informed when OLAF forwards information to the judicial authorities. Not only Member States but also the Commission may request the opening of external investigations and is to be informed of the results. - To ensure fully the rights of the individuals concerned The Commission proposes to include in the Regulation a comprehensive provision on procedural guarantees to be respected in internal and external investigations. These include provisions on information to be given by OLAF prior to an interview and on the establishment of minutes of the interview; the right to be assisted by a person of choice at an interview; and the right not to incriminate oneself. - To fill a number of gaps jeopardising the effectiveness of OLAF's investigations. The Commission wants to clarify OLAF's powers of investigation in the context of external investigations towards economic operators receiving Community funds on the basis of contract (direct expenditure), thus closing a legal lacuna which has become apparent in the present rules. OLAF will be granted improved access to information held by the European institutions that is related to external investigations. Access to information held by economic operators in the context of internal investigations will be facilitated accordingly. The proposal also aims at further strengthening the smooth co-operation between OLAF and the Member States in the field of external investigation and the related information flow. -To enhance the role of the Office's Supervisory Committee. The Committee's part in monitoring the application of Regulation 1073/1999 will be strengthened, particularly in the area of the rights of the individuals, the length of investigations and as regards the information flow between OLAF and the European institutions. As regards protection of individual rights, the individuals concerned will now be able to seek the opinion of the Committee. Similarly concerned institutions will have this facility as regards matters on which OLAF is required to inform them. FINANCIAL IMPLICATIONS : Budget lines and headings: OLAF Budget 24.010600.03.0100 - Expenditure on the Members of the Supervisory Committee Period of application: from 2004, indeterminate duration - Members have a renewable three-year term of office. Overall financial impact of human resources and other administrative expenditure: EUR 1.331 million. This corresponds to an additional requirement of EUR 100 000. Staff to be assigned to management of the action using existing and/or additional resources: 9. The Committee's secretariat is to be attached administratively to the Commission. The OLAF and Commission establishment plans will have to be adjusted accordingly.

  • DG European Anti-Fraud Office (OLAF), KALLAS Siim

Documents

• Legislative proposal published: COM(2004)0103

History

(these mark the time of scraping, not the official date of the change)