Activities of Sylvia-Yvonne KAUFMANN related to 2018/0170(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) as regards cooperation with the European Public Prosecutor's Office and the effectiveness of OLAF investigations
Amendments (7)
Amendment 44 #
Proposal for a regulation
Recital 24
Recital 24
(24) In internal investigations and, where necessary, in external investigations the Office has access to any relevant information held by the institutions, bodies, offices and agencies. It is necessary, as suggested by the Commission evaluation, to clarify that this access should be possible irrespective of the medium on which this information or data is stored, in order to reflect evolving technological progress.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU, Euratom) No 883/2013
Article 1 – paragraph 3
Article 1 – paragraph 3
(-1) in Article 1, paragraph 3 is amended as follows: "3. This Regulation shall apply without prejudice to: (a) Protocol No 7 on the privileges and immunities of the European Union attached to the Treaty on European Union and to the Treaty on the Functioning of the European Union; (b) the Statute for Members of the European Parliament; (c) the Staff Regulations; (d) Regulation (EC) No 45/2001. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883) and Regulation (EU) 2016/679." Or. en
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 9
Article 3 – paragraph 9
9. During an external investigation, the Office may have access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, connected with the matter under investigation, where necessary in order to establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. For that purpose Article 4(2) and (4) shall apply.
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU, Euratom) No 883/2013
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the Office shall have the right of immediate and unannounced access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, and to their premises. The Office shall be empowered to inspect the accounts of the institutions, bodies, offices and agencies. The Office may take a copy of, and obtain extracts from, any document or the contents of any data medium held by the institutions, bodies, offices and agencies and, if necessary, assume custody of such documents or data to ensure that there is no danger of their disappearance;
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
Reports drawn up by the Office shall constitute admissible evidence in criminal proceedings of the Member State in which their use proves necessary in the same way and under the same conditions as administrative reports drawn up by national administrative inspectors. They shall be subject to the same evaluation rules as those applicable to administrative reports drawn up by national administrative inspectors and shall have the same evidentiary value as such reports. In that regard, such reports constitute acts that might adversely affect the persons concerned.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12e – paragraph 1 a (new)
Article 12e – paragraph 1 a (new)
1 a. Where OLAF provides support to the EPPO in the form of an administrative investigation in accordance with paragraph 1, the procedural safeguards laid down in Chapter VI of Regulation 2017/1939 shall apply to that administrative investigation.
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 2
Article 12g – paragraph 2
2. The Office shall have indirect access to information in the EPPO's case management system on the basis of a hit/no hit system. Whenever a match is found between data entered into the case management system by the Office and data held by the EPPO, the fact that there is a match shall be communicated to both the EPPO and the Office. The Office shall take appropriate measures to enable the EPPO to have access to information in its case management system on the basis of a hit/no-hit system.; Each indirect access to information in EPPO'S case management system by OLAF shall be carried out only for and in so far as necessary for the performance of OLAF's functions as defined under this Regulation and shall be duly motivated and validated via an internal procedure set up by OLAF.;