2004/0035(COD)

Fight against fraud: investigations by the European Anti-Fraud Office OLAF (amend. regul. 1073/1999/EC)

Procedure lapsed or withdrawn

2004/0035(COD) Fight against fraud: investigations by the European Anti-Fraud Office OLAF (amend. regul. 1073/1999/EC)
RoleCommitteeRapporteurShadows
Opinion BUDG
Lead CONT GRÄSSLE Ingeborg (PPE-DE), BÖSCH Herbert (PSE)
Lead CONT BÖSCH Herbert (PSE)
Opinion JURI
Opinion JURI GARGANI Giuseppe (PPE-DE)
Opinion LIBE BORGHEZIO Mario (IND/DEM)
Opinion LIBE
Lead committee dossier: CONT/5/20721; CONT/6/21170
Legal Basis EC Treaty (after Amsterdam) EC 280
Subjects
Links

Activites

  • 2007/03/22 Proposal withdrawn by Commission
  • 2004/09/16 Committee referral announced in Parliament, 1st reading/single reading
  • 2004/02/25 Committee referral announced in Parliament, 1st reading/single reading
  • 2004/02/10 Legislative proposal
    • COM(2004)0103 summary
    • DG European Anti-Fraud Office (OLAF), KALLAS Siim

Documents

History

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

2012-02-09
activities added
  • date
    2004-02-10
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2004&nu_doc=0103
      text
      • 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.
      celexid
      CELEX:52004PC0103:EN
      type
      Legislative proposal published
      title
      COM(2004)0103
    body
    EC
    commission
    • DG
      European Anti-Fraud Office (OLAF)
      Commissioner
      KALLAS Siim
    type
    Legislative proposal
  • date
    2004-02-25
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2004-09-16
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2007-03-22
    body
    type
    Proposal withdrawn by Commission
committees added
  • body
    EP
    responsible
    False
    committee_full
    Budgets
    committee
    BUDG
  • body
    EP
    responsible
    True
    committee
    CONT
    date
    committee_full
    Budgetary Control
    rapporteur
  • body
    EP
    responsible
    True
    committee
    CONT
    date
    2004-02-16
    committee_full
    Budgetary Control
    rapporteur
    • group
      PSE
      name
      BÖSCH Herbert
  • body
    EP
    responsible
    False
    committee_full
    Legal Affairs
    committee
    JURI
  • body
    EP
    responsible
    False
    committee
    JURI
    date
    2004-02-19
    committee_full
    Legal Affairs and Internal Market
    rapporteur
    • group
      PPE-DE
      name
      GARGANI Giuseppe
  • body
    EP
    responsible
    False
    committee
    LIBE
    date
    2004-09-13
    committee_full
    Civil Liberties, Justice and Home Affairs
    rapporteur
    • group
      IND/DEM
      name
      BORGHEZIO Mario
  • body
    EP
    responsible
    False
    committee_full
    Citizens' Freedoms and Rights, Justice and Home Affairs
    committee
    LIBE
links added
European Commission
other added
  • body
    EC
    dg
    European Anti-Fraud Office (OLAF)
    commissioner
    KALLAS Siim
procedure added
dossier_of_the_committee
CONT/5/20721; CONT/6/21170
reference
2004/0035(COD)
subtype
Legislation
legal_basis
  • EC Treaty (after Amsterdam) EC 280
stage_reached
Procedure lapsed or withdrawn
instrument
Regulation
title
Fight against fraud: investigations by the European Anti-Fraud Office OLAF (amend. regul. 1073/1999/EC)
type
COD - Ordinary legislative procedure (ex-codecision)
subject
  • 8.70.04 Action to combat Community fraud

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