Activities of Ingeborg GRÄSSLE related to 2018/0170(COD)
Reports (1)
REPORT 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 PDF (523 KB) DOC (232 KB)
Amendments (19)
Amendment 110 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The European Parliament and the political work of its Members are protected by the Treaties, in particular the Protocol on the Privileges and Immunities of the European Union, as stated in Article 1(3) of this Regulation. It is therefore appropriate to clarify that the offices of Members of the European Parliament, including those of their accredited parliamentary assistants, should only be subject to criminal investigations led by the competent authorities in accordance with the applicable rules on immunities. This is without prejudice to the Office's power to conduct administrative investigations on matters affecting the financial interests of the Union on the basis of official documents held by the institution, such as those related to travel expenses, which have been tabled by a Member of the European Parliament in accordance with the Rules of Procedure.
Amendment 112 #
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 type of medium on which this information or data is stored, in order to reflect evolving technological progress.
Amendment 116 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) In order to supplement the procedural rules on the conduct of investigations set out in this Regulation, the Office should lay down the procedural code for investigations to be followed by the staff of the Office. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the functioning of the European Union should be delegated to the Commission concerning the establishment of such a procedural code, without prejudice to the Office's independence in the exercise of its competences. Those delegated acts should cover, in particular, the practices to be observed in implementing the mandate and statute of the Office; detailed rules governing investigation procedures as well as the investigation acts permitted; the legitimate rights of the persons concerned; procedural guarantees; provisions relating to data protection and policies on communication and access to documents; provisions on the legality check and the means of redress open to the persons concerned; relations with the EPPO. It is of particular importance that the Office carry out appropriate consultations during its preparatory work, including at expert level. The Commission should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 119 #
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 – point d
Article 1 – paragraph 3 – point d
(-1) in Article 1, point (d) of paragraph 3 is replaced by the following: "(d) Regulation (ECU) No 45/2001. 2018/1725;" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R0883- 20170101&from=EN)
Amendment 120 #
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 7 a (new)
Article 3 – paragraph 7 a (new)
7 a. Where a Member State does not comply with its duty to cooperate pursuant to paragraphs 6 and 7, the Union shall have the right to recover the amount related to the on-the-spot-check or inspection in question.
Amendment 122 #
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 b
Article 4 – paragraph 2 – point b
(b) the Office may request oral information, including through interviews, and written information from economic operators, officials, other servants, members of institutions or bodies, heads of offices or agencies, or staff members. Economic operators shall cooperate with the Office.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a a (new)
Article 1 – paragraph 1 – point 4 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(a a) paragraph 2a is inserted: "2a. The offices of Members of the European Parliament, including those of their accredited parliamentary assistants and archives, shall only be subject to criminal investigations led by the competent authorities in accordance with the applicable rules on immunities. According to Article 4 of the Statute for Members, documents and electronic records held by a Member shall not be treated as a document of the institution, unless tabled in accordance with the Rules of Procedure.";
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b – introductory part
Article 1 – paragraph 1 – point 4 – point b – introductory part
(b) paragraph 3 is replaced by the following:deleted;
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU, Euratom) No 883/2013
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Regulation (EU, Euratom) No 883/2013
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU, Euratom) No 883/2013
Article 5 – paragraph 6
Article 5 – paragraph 6
6. If the Director-General decides not to open an external investigatconduct an on-the-spot check or inspection pursuant to Article 3 despite there being a sufficient suspicion that there has been fraud, corruption or any other illegal activity or irregularity affecting the financial interests of the Union, he mayshall without delay send any relevant information to the competent authorities of the Member State concerned for action to be taken where appropriate, in accordance with Union law and national law. Where necessary, the Office shall also inform the institution, body, office or agency concerned.;
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point -a (new)
Article 1 – paragraph 1 – point 8 – point -a (new)
Regulation (EU, Euratom) No 883/2013
Article 9 – paragraph 2 – subparagraph 4
Article 9 – paragraph 2 – subparagraph 4
(-a) in paragraph 2, subparagraph 4 is replaced by the following: "The requirements referred to in the second and third subparagraphs shall not apply to the taking of statements in the context of on-the-spot checks and inspections. (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R0883-The person concerned shall however be informed of his or her rights before a statement is taken, in particular of the right to be assisted by a person of his or her choice." Or. en 20170101&from=EN)
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point -a (new)
Article 1 – paragraph 1 – point 8 – point -a (new)
Regulation (EU, Euratom) No 883/2013
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
(-a) in paragraph 4, subparagraph 2 is replaced by the following: "To that end, the Office shall send the person concerned an invitation to comment either in writing or at an interview with staff designated by the Office. That invitation shall include a summary of the facts concerning the person concerned and the information required by Articles 115 and 126 of Regulation (ECU) No 45/20012018/1725, and shall indicate the time-limit for submitting comments, which shall not be less than 10 working days from receipt of the invitation to comment. That notice period may be shortened with the express consent of the person concerned or on duly reasoned grounds of urgency of the investigation. The final investigation report shall make reference to any such comments. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R0883- 20170101&from=EN)
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Regulation (EU, Euratom) No 883/2013
Article 10 – paragraph 1
Article 10 – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. Information transmitted or obtained in the course of external investigations outside the institutions, bodies, offices and agencies, in whatever form, shall be protected by the relevant provisions. under national and Union law." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R0883- 20170101&from=EN)
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU, Euratom) No 883/2013
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
The Office shall designate a Data Protection Officer in accordance with Article 243 of Regulation (ECU) No 45/20012018/1725.;
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12b – paragraph 3 a (new)
Article 12b – paragraph 3 a (new)
3 a. The obligations of mutual administrative assistance pursuant to Council Regulation (EC) No 515/971a and Regulation (EU) No 608/20131b shall also apply to coordination activities relating to the European Structural and Investment Funds in accordance with this Article. _________________ 1aCouncil Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 082, 22.3.1997, p. 1). 1bRegulation(EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
Amendment 168 #
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 1 – subparagraph 2 a (new)
Article 12d – paragraph 1 – subparagraph 2 a (new)
Where the Office closes its investigation in accordance with the first subparagraph, Article 9(4) and Article 11 shall not apply.
Amendment 174 #
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 30 working days after receipt of this information the EPPO mayshall either give its consent to the opening of an investigation or 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.