[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Without prejudice to Article 12d, the Director-General may open an investigation when there is a sufficient suspicion, which may also be based on information provided by any third party or anonymous information, that there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. The decision by the Director- General whether or not to open an investigation shall take into account the need for efficient use of the Office’s resources and for proportionality of the means employed. With regard to internal investigations, specific account shall be taken of the institution, body, office or agency best placed to conduct them, based, in particular, on the nature of the facts, the actual or potential financial impact of the case, and the likelihood of any judicial follow-up.;

2019/02/13
Committee: CONT

Martina DLABAJOVÁ

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point e

Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 8

8. If an investigation cannot be closed within 12 months after it has been opened, the Director-General shall, at the expiry of that 12-month period and every six months thereafter, report to the Supervisory Committee, indicating the reasons and, where appropriate, the remedial measures ~~envisaged~~taken with a view to speeding up the investigation.; the content of the report shall be laid down in working arrangements;

2019/02/13
Committee: CONT

Martina DLABAJOVÁ

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

Regulation (EU, Euratom) No 883/2013
Article 9a

(8 a) Appointment and status of the Controller 1. The Controller and his or her substitute shall be appointed by common accord of the European Parliament, the Council and the Commission for a non-renewable term of five years. On expiry of their terms, they shall remain in office until they are replaced. Following a call for applications in the Official Journal of the European Union, the Commission shall draw up a list of suitably qualified candidates for the positions of the Controller and of the substitute, after a favourable opinion on the selection procedure has been given by the Supervisory Committee. The decision to appoint the Controller and his or her substitute shall also include a reserve list of potential candidates to replace the Controller for the remainder of his or her term of office in the event of resignation, death, permanent incapacity or removal from office. The Controller and his or her substitute shall be administratively attached to the Commission. Their Secretariat shall be provided by the Commission, in close consultation with the Controller. 2. The Controller and his or her substitute shall exercise their functions in complete independence and shall in the performance of their duties neither seek nor take instructions from anyone. They shall not perform any functions within the Office. In exercising their functions they shall take account of the need for effective application of the rules on the protection of the financial interests of the Union and on the fight against fraud laid down in Union legislation. 3. If the Controller or his substitute cease to fulfil the conditions required for the performance of their duties, or if they are found guilty of serious misconduct, the European Parliament, the Council and the Commission may, by common accord, relieve them of their duties. 4. The Controller shall report on his activities, on an annual basis, to the European Parliament, the Council, the Commission, the Supervisory Committee and the Office. The Controller's reports shall not refer to individual cases under investigation and ensure the confidentiality of investigations even after their closure.

2019/02/13
Committee: CONT

Martina DLABAJOVÁ