9 Amendments of Tomáš ZDECHOVSKÝ related to 2018/0170(COD)
Amendment 26 #
Proposal for a regulation
Recital 6
Recital 6
(6) Elements pointing to possible criminal conduct falling within the competence of the EPPO may, in practice, be present in initial allegations received by the Office or may emerge only in the course of an administrative investigation opened by the Office on the grounds of suspicion of administrative irregularity. In order to comply with its duty to report to the EPPO, the Office should therefore, as the case may be, reportnotify any criminal conduct without undue delay. This notification may be followed by a report, where the EPPO considers necessary. Both the notification and the report should be sent without undue delay at any stage before or during an investigation.
Amendment 31 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to enhance the effectiveness of notifying and reporting any criminal case, the content of the report must be inconformity with rules lied down by the Regulation (EU) 2017/1939. Regulation (EU) 2017/1939 specifies the minimum elements that, as a rule, reports should contain. The Office may need to conduct a preliminary evaluation of allegations to ascertain these elements and collect the necessary information. The Office should conduct this evaluation expeditiously and through means which do not risk jeopardising a possible future criminal investigation. Upon completion of its evaluation, it should report to the EPPO where a suspicion of an offence within its competence is identified.
Amendment 36 #
Proposal for a regulation
Recital 9
Recital 9
(9) In conformity with Regulation (EU) 2017/1939, the Office should in principle not open an administrative investigation parallel to an investigation conducted by the EPPO into the same facts. Such investigations should only be carried out upon agreement of the EPPO. However, in certain cases, the protection of the Union’s financial interests may require that the Office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the EPPO with the purpose of ascertaining whether precautionary measures are necessary, or financial, disciplinary or administrative action should be taken. These complementary investigations may be appropriate, inter alia, when necessary to recover amounts due to the Union budget subject to specific time-barring rules, when the amounts at risk are very high, or where there is the need to avoid further expenditure in risk situations through administrative measures. Such investigations can be carried out upon mere inaction of EPPO.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 1
Article 12c – paragraph 1
1. The Office shall report to the EPPO without undue delay anywithout undue delay report to the EPPO on any indication of a criminal conduct in respect of which the EPPO could exercises its competence in accordance with Articles 22 and Article 25(2) and (3)25 of Regulation (EU) 2017/1939. The report shall be sent without undue delay at any stage before or during an investigation of the Office. The EPPO may request the Office to send additional information setting a deadline for this transmission.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 2
Article 12c – paragraph 2
2. The report shall contain, as a minimum, a description of the facts, including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims, suspects and any other involved persons. In addition to that, Office shall include any other relevant facts related to the case that the Office has knowledge of.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 4 – subparagraph 2
Article 12c – paragraph 4 – subparagraph 2
For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working dout undue delays.
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12d – paragraph 2
Article 12d – paragraph 2
For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working dout undue delays.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 2
Article 12f – paragraph 1 – subparagraph 2
Within 3010 working days after receipt of this information the EPPO may object to the opening of an investigation or to the performance of certain acts pertaining to the investigation, where necessary to avoid jeopardising its own investigation or prosecution, and for as long as these grounds persist. The EPPO shall notify to the Office without undue delay when the grounds for the objection cease to apply.
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 3
Article 12f – paragraph 1 – subparagraph 3
In the event that the EPPO does not object within the time period of the previous subparagraph10 working days, the Office may open an investigation, and it shall conduct it in close consultation with the EPPO.