10 Amendments of Ingeborg GRÄSSLE related to 2012/2285(INI)
Amendment 12 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 35 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates that it is necessary to continue to strengthen the independence, effectiveness and efficiency of OLAF; is of the opinion that all the more the independence of the Supervisory Committee shall be strengthened and the Committee shall be empowered with the necessary means to fulfil its role effectively; welcomes the progress made in the negotiations on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-fFraud Office (OLAF) and repealing Regulation (EURATOM) No. 1074/1999 (COM(2011)135); is, however, convinced that in the light of the latest developments surrounding OLAF and the way its investigations were conducted, the recommendations of the Supervisory Committee, in Annex 3 to its Annual Activity Report 2012 should be taken into consideration;
Amendment 37 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Is deeply concerned about the reporting of the OLAF Supervisory Committee; finds it inacceptable that OLAF has undertaken investigative measures that go beyond those explicitly listed in Articles 3 and 4 of the OLAF regulation (EC) No. 1073/1999 currently in force and beyond those contained in the future text of the Reform; notes that the above mentioned investigative measures include inter alia the preparation of the content of a telephone conversation for a third party with a person subject to the investigation and being present during that conversation which was recorded and requesting to national administrative authorities to provide OLAF with information not directly hold by them that may be considered as relating to the right for private life and communications and subsequent use, collection and storage of such information by OLAF;
Amendment 38 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Is shocked, since according to the Jurisprudence of the European Court of Human Rights, the use of such methods can be seen as "interference by a public authority" with the exercise of the right to respect for "private life", for "correspondence" and/or "communications" which is required to be "in accordance with the law" (Article 7 of the Charter of Fundamental Rights of the EU which corresponds to Article 8 of the European Convention of Human Rights);
Amendment 39 #
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
31 c. Is deeply concerned about the findings of the Supervisory Committee that OLAF has not established a prior legality check for other investigative measures than the ones specifically listed in the ISIP; notes that this endangers the respect of fundamental rights and procedural guarantees of the persons concerned;
Amendment 40 #
Motion for a resolution
Paragraph 31 d (new)
Paragraph 31 d (new)
31 d. Notes that breaches of essential procedural requirements during preparatory investigations might affect the legality of the final decision taken on the basis of investigations by OLAF; assesses this as a high risk potential, since, thus, breaches would incur the legal liability of the European Commission; calls on OLAF to immediately tackle this shortcoming by assigning appropriately qualified judicial experts to the task of carrying out prior verifications in an appropriate time frame;
Amendment 41 #
Motion for a resolution
Paragraph 31 e (new)
Paragraph 31 e (new)
31 e. Deems the direct participation of the OLAF Director General in some investigative tasks inter alia interviews of witnesses as unacceptable; remarks that the Director General therewith enters a conflict of interest since he is under Article 90a of the Staff Statute and 23.1 of the ISIP the authority who receives complaints against OLAF's investigations and decides whether or not appropriate action in respect of any failure to respect of procedural guarantees is taken; calls on the OLAF Director General to abstain in the future from any direct involvement into investigative tasks;
Amendment 42 #
Motion for a resolution
Paragraph 31 f (new)
Paragraph 31 f (new)
31 f. Is worried that OLAF has not always conducted a thorough assessment of incoming information in relation to the notion of sufficiently serious suspicion; finds it essential for the safeguarding and consolidation of OLAF's inference vis-à- vis the institutions, bodies, offices and agencies and governments here one of these latter is at the origin of the referral;
Amendment 43 #
Motion for a resolution
Paragraph 31 g (new)
Paragraph 31 g (new)
31 g. Is of the opinion that the Supervisory Committee should receive always information by OLAF when a complaint is received by OLAF relating to fundamental rights and procedural guarantees;
Amendment 44 #
Motion for a resolution
Paragraph 31 h (new)
Paragraph 31 h (new)
31 h. Expects further information on the points mentioned in the annual report of the Supervisory Committee, urges for full transparency in all points mentioned;