BETA


2015/2699(RSP) Resolution on the OLAF Supervisory Committee’s annual report 2014

Progress: Procedure completed

Legal Basis:
RoP 136-p1

Events

2015/11/05
   EC - Commission response to text adopted in plenary
Documents
2015/06/10
   EP - Results of vote in Parliament
2015/06/10
   EP - Decision by Parliament
Details

The European Parliament adopted by 448 votes to 197, with 53 abstentions, a resolution on the OLAF Supervisory Committee’s annual report 2014.

The resolution was tabled by the EPP, Greens/EFA and GUE/NGL groups.

Opening investigations : Parliament stressed that in its Annual Activity Report 2014, the OLAF Supervisory Committee (SC) noted that at the time of the reorganisation of OLAF (1 February 2012), 423 cases were opened on the same day by a single decision of the Director-General of OLAF (OLAF DG). On the basis of its analysis, the SC concluded that (i) OLAF did not conduct any appropriate assessment of the incoming information for any of the cases analysed by the SC, (ii) for the vast majority of cases there was not even a trace of any assessment activity, and (iii) the OLAF DG opened all the cases in question without establishing beforehand the existence of a sufficiently serious suspicion that there had been fraud, corruption or any other illegal activity affecting the financial interests of the Union – which was in contradiction with the legal requirement for opening an OLAF investigation in force at that time.

Under these circumstances, Parliament strongly emphasised OLAF’s responsibility to comply with the legal requirements for opening an investigation . It recalled that, as regards the 423 cases opened on the same day, only 8.4 % of those that were closed resulted in recommendations, and it called on the SC to follow up compliance with the legal requirements on a regular basis.

Duration of investigations : Members pointed out that the SC concluded that the reporting on the duration of investigations by OLAF had not provided a comprehensive view of its investigative performance. While OLAF stated in its annual report that ‘investigations are being completed in less time’, the SC concluded that the improvement in the results of OLAF investigations was due to the introduction of new calculation methods . Members recalled also that Regulation (EU, Euratom) No 883/2013 reinforced the SC’s role in monitoring the duration of OLAF’s investigations. Notwithstanding OLAF’s formal compliance with its obligation to report regularly to the SC on investigations lasting more than 12 months , the SC concluded, in its Opinion No 4/2014 that the information provided to it had been insufficient to enable it to properly and effectively monitor the duration of OLAF’s investigations. Accordingly, Parliament urged OLAF to comply with the legal requirements to enable the SC to fulfil one of its core functions with regard to supervising the duration of OLAF’s investigations.

Working Arrangements : the resolution noted that the SC had stated that the core of the problem with regard to the effectiveness of its supervisory role was not poor implementation of the Working Arrangements, but a fundamental difference of views between the SC and the OLAF DG in their perceptions of the SC’s role . Parliament urged the Commission to facilitate negotiations between OLAF and the SC by drawing up an action plan by 31 December 2015 with a view to amending the Working Arrangements to create a working environment in which the SC could fulfil its mandate. It took the view that the amended Working Arrangements should clarify the SC’s role to all the parties concerned.

SC recommendations : Parliament pointed out that, in the first half of the SC’s mandate, the SC issued 50 recommendations to OLAF, of which only eight were fully implemented, six were partially implemented, one was pending and 20 were not implemented, and in 15 cases the SC was not able to verify implementation owing to insufficient substantive information. It referred to its resolution of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, and urged OLAF, without undue delay, to provide justification for the cases in which it had not implemented the SC’s recommendations.

OLAF’s independence : the SC had constantly pointed out its inability to supervise OLAF’s independence on account of the lack of access to necessary information. Parliament deplored the fact that the SC was not able to implement its mandate fully, and asked the Commission to take measures to improve the SC’s ability to supervise OLAF’s independence, its investigative function, the application of procedural guarantees and the duration of investigations, without, however, putting OLAF’s independence at risk.

Allocation of resources : Parliament noted that out of 134 investigators at the end of 2014, 13 (10 %) were assigned to the tobacco and counterfeit unit, and 44 (33 %) to the units for agricultural and structural funds, which accounted for 86 % of the financial interests at stake (EUR 1.9 billion). It recommended, therefore, that OLAF reconsider the allocation of its resources.

Documents
2015/06/10
   EP - End of procedure in Parliament
2015/06/09
   EP - Debate in Parliament
2015/06/03
   EP - Motion for a resolution
Documents
2015/06/03
   EP - Motion for a resolution
Documents
2015/06/03
   EP - Motion for a resolution
Documents
2015/06/03
   EP - Motion for a resolution
Documents
2015/06/03
   Joint motion for resolution
Documents
2015/06/01
   EP - Oral question/interpellation by Parliament
Documents
2015/06/01
   EP - Oral question/interpellation by Parliament
Documents
2015/06/01
   EP - Oral question/interpellation by Parliament
Documents

Documents

Activities

Votes

RC-B8-0539/2015 - Résolution #

2015/06/10 Outcome: +: 448, -: 197, 0: 53
FR DE GB PL ES NL HU CZ EL BE AT SE IE HR DK BG FI LV SI LT EE PT LU SK CY RO MT IT
Total
71
91
73
44
47
22
20
21
19
21
17
20
10
11
11
14
11
7
7
10
6
19
5
12
6
31
6
65
icon: PPE PPE
208

Denmark PPE

For (1)

1
2

Estonia PPE

For (1)

1

Luxembourg PPE

2
icon: ALDE ALDE
61

United Kingdom ALDE

1

Austria ALDE

For (1)

1

Ireland ALDE

For (1)

1

Croatia ALDE

2

Denmark ALDE

3

Bulgaria ALDE

3

Finland ALDE

2

Estonia ALDE

3

Luxembourg ALDE

For (1)

1

Romania ALDE

3
icon: Verts/ALE Verts/ALE
47

Netherlands Verts/ALE

2

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: NI NI
46

Germany NI

2

United Kingdom NI

For (1)

1

Netherlands NI

2

Belgium NI

For (1)

1
icon: GUE/NGL GUE/NGL
47

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

2

Sweden GUE/NGL

For (1)

1

Ireland GUE/NGL

Abstain (1)

4

Denmark GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Portugal GUE/NGL

2

Cyprus GUE/NGL

2
icon: ECR ECR
64

Netherlands ECR

2

Czechia ECR

2

Greece ECR

For (1)

1

Croatia ECR

For (1)

1

Bulgaria ECR

Abstain (1)

1

Finland ECR

2

Latvia ECR

For (1)

1

Lithuania ECR

Abstain (1)

1

Slovakia ECR

Against (1)

2

Italy ECR

For (1)

1
icon: EFDD EFDD
43

France EFDD

1

Poland EFDD

1

Czechia EFDD

For (1)

1

Sweden EFDD

2

Lithuania EFDD

Abstain (1)

1
icon: S&D S&D
181

Netherlands S&D

3

Czechia S&D

4

Greece S&D

Abstain (1)

4

Ireland S&D

Against (1)

1

Croatia S&D

2

Denmark S&D

2

Finland S&D

2

Latvia S&D

Against (1)

1

Slovenia S&D

Against (1)

1

Lithuania S&D

2

Estonia S&D

Against (1)

1

Luxembourg S&D

Against (1)

1

Cyprus S&D

2

Malta S&D

3

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2015-06-10T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=25893&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0226 type: Decision by Parliament, 1st reading/single reading title: T8-0226/2015 body: EP type: Results of vote in Parliament
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    • date: 2015-06-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-0540&language=EN title: B8-0540/2015 type: Motion for a resolution body: EP
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    • date: 2015-06-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=P8-RC-2015-0539&language=EN title: RC-B8-0539/2015 type: Joint motion for resolution
    • date: 2015-11-05T00:00:00 docs: url: /oeil/spdoc.do?i=25893&j=0&l=en title: SP(2015)529 type: Commission response to text adopted in plenary
    events
    • date: 2015-06-09T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20150609&type=CRE title: Debate in Parliament
    • date: 2015-06-10T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25893&l=en title: Results of vote in Parliament
    • date: 2015-06-10T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0226 title: T8-0226/2015 summary: The European Parliament adopted by 448 votes to 197, with 53 abstentions, a resolution on the OLAF Supervisory Committee’s annual report 2014. The resolution was tabled by the EPP, Greens/EFA and GUE/NGL groups. Opening investigations : Parliament stressed that in its Annual Activity Report 2014, the OLAF Supervisory Committee (SC) noted that at the time of the reorganisation of OLAF (1 February 2012), 423 cases were opened on the same day by a single decision of the Director-General of OLAF (OLAF DG). On the basis of its analysis, the SC concluded that (i) OLAF did not conduct any appropriate assessment of the incoming information for any of the cases analysed by the SC, (ii) for the vast majority of cases there was not even a trace of any assessment activity, and (iii) the OLAF DG opened all the cases in question without establishing beforehand the existence of a sufficiently serious suspicion that there had been fraud, corruption or any other illegal activity affecting the financial interests of the Union – which was in contradiction with the legal requirement for opening an OLAF investigation in force at that time. Under these circumstances, Parliament strongly emphasised OLAF’s responsibility to comply with the legal requirements for opening an investigation . It recalled that, as regards the 423 cases opened on the same day, only 8.4 % of those that were closed resulted in recommendations, and it called on the SC to follow up compliance with the legal requirements on a regular basis. Duration of investigations : Members pointed out that the SC concluded that the reporting on the duration of investigations by OLAF had not provided a comprehensive view of its investigative performance. While OLAF stated in its annual report that ‘investigations are being completed in less time’, the SC concluded that the improvement in the results of OLAF investigations was due to the introduction of new calculation methods . Members recalled also that Regulation (EU, Euratom) No 883/2013 reinforced the SC’s role in monitoring the duration of OLAF’s investigations. Notwithstanding OLAF’s formal compliance with its obligation to report regularly to the SC on investigations lasting more than 12 months , the SC concluded, in its Opinion No 4/2014 that the information provided to it had been insufficient to enable it to properly and effectively monitor the duration of OLAF’s investigations. Accordingly, Parliament urged OLAF to comply with the legal requirements to enable the SC to fulfil one of its core functions with regard to supervising the duration of OLAF’s investigations. Working Arrangements : the resolution noted that the SC had stated that the core of the problem with regard to the effectiveness of its supervisory role was not poor implementation of the Working Arrangements, but a fundamental difference of views between the SC and the OLAF DG in their perceptions of the SC’s role . Parliament urged the Commission to facilitate negotiations between OLAF and the SC by drawing up an action plan by 31 December 2015 with a view to amending the Working Arrangements to create a working environment in which the SC could fulfil its mandate. It took the view that the amended Working Arrangements should clarify the SC’s role to all the parties concerned. SC recommendations : Parliament pointed out that, in the first half of the SC’s mandate, the SC issued 50 recommendations to OLAF, of which only eight were fully implemented, six were partially implemented, one was pending and 20 were not implemented, and in 15 cases the SC was not able to verify implementation owing to insufficient substantive information. It referred to its resolution of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, and urged OLAF, without undue delay, to provide justification for the cases in which it had not implemented the SC’s recommendations. OLAF’s independence : the SC had constantly pointed out its inability to supervise OLAF’s independence on account of the lack of access to necessary information. Parliament deplored the fact that the SC was not able to implement its mandate fully, and asked the Commission to take measures to improve the SC’s ability to supervise OLAF’s independence, its investigative function, the application of procedural guarantees and the duration of investigations, without, however, putting OLAF’s independence at risk. Allocation of resources : Parliament noted that out of 134 investigators at the end of 2014, 13 (10 %) were assigned to the tobacco and counterfeit unit, and 44 (33 %) to the units for agricultural and structural funds, which accounted for 86 % of the financial interests at stake (EUR 1.9 billion). It recommended, therefore, that OLAF reconsider the allocation of its resources.
    • date: 2015-06-10T00:00:00 type: End of procedure in Parliament body: EP
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    • The European Parliament adopted by 448 votes to 197, with 53 abstentions, a resolution on the OLAF Supervisory Committee’s annual report 2014.

      The resolution was tabled by the EPP, Greens/EFA and GUE/NGL groups.

      Opening investigations: Parliament stressed that in its Annual Activity Report 2014, the OLAF Supervisory Committee (SC) noted that at the time of the reorganisation of OLAF (1 February 2012), 423 cases were opened on the same day by a single decision of the Director-General of OLAF (OLAF DG). On the basis of its analysis, the SC concluded that (i) OLAF did not conduct any appropriate assessment of the incoming information for any of the cases analysed by the SC, (ii) for the vast majority of cases there was not even a trace of any assessment activity, and (iii) the OLAF DG opened all the cases in question without establishing beforehand the existence of a sufficiently serious suspicion that there had been fraud, corruption or any other illegal activity affecting the financial interests of the Union – which was in contradiction with the legal requirement for opening an OLAF investigation in force at that time.

      Under these circumstances, Parliament strongly emphasised OLAF’s responsibility to comply with the legal requirements for opening an investigation. It recalled that, as regards the 423 cases opened on the same day, only 8.4 % of those that were closed resulted in recommendations, and it called on the SC to follow up compliance with the legal requirements on a regular basis.

      Duration of investigations: Members pointed out that the SC concluded that the reporting on the duration of investigations by OLAF had not provided a comprehensive view of its investigative performance. While OLAF stated in its annual report that ‘investigations are being completed in less time’, the SC concluded that the improvement in the results of OLAF investigations was due to the introduction of new calculation methods. Members recalled also that Regulation (EU, Euratom) No 883/2013 reinforced the SC’s role in monitoring the duration of OLAF’s investigations. Notwithstanding OLAF’s formal compliance with its obligation to report regularly to the SC on investigations lasting more than 12 months, the SC concluded, in its Opinion No 4/2014 that the information provided to it had been insufficient to enable it to properly and effectively monitor the duration of OLAF’s investigations. Accordingly, Parliament urged OLAF to comply with the legal requirements to enable the SC to fulfil one of its core functions with regard to supervising the duration of OLAF’s investigations.

      Working Arrangements: the resolution noted that the SC had stated that the core of the problem with regard to the effectiveness of its supervisory role was not poor implementation of the Working Arrangements, but a fundamental difference of views between the SC and the OLAF DG in their perceptions of the SC’s role. Parliament urged the Commission to facilitate negotiations between OLAF and the SC by drawing up an action plan by 31 December 2015 with a view to amending the Working Arrangements to create a working environment in which the SC could fulfil its mandate. It took the view that the amended Working Arrangements should clarify the SC’s role to all the parties concerned.

      SC recommendations: Parliament pointed out that, in the first half of the SC’s mandate, the SC issued 50 recommendations to OLAF, of which only eight were fully implemented, six were partially implemented, one was pending and 20 were not implemented, and in 15 cases the SC was not able to verify implementation owing to insufficient substantive information. It referred to its resolution of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, and urged OLAF, without undue delay, to provide justification for the cases in which it had not implemented the SC’s recommendations.

      OLAF’s independence: the SC had constantly pointed out its inability to supervise OLAF’s independence on account of the lack of access to necessary information. Parliament deplored the fact that the SC was not able to implement its mandate fully, and asked the Commission to take measures to improve the SC’s ability to supervise OLAF’s independence, its investigative function, the application of procedural guarantees and the duration of investigations, without, however, putting OLAF’s independence at risk.

      Allocation of resources: Parliament noted that out of 134 investigators at the end of 2014, 13 (10 %) were assigned to the tobacco and counterfeit unit, and 44 (33 %) to the units for agricultural and structural funds, which accounted for 86 % of the financial interests at stake (EUR 1.9 billion). It recommended, therefore, that OLAF reconsider the allocation of its resources.

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        2015/2699(RSP)
        title
        OLAF Supervisory Committee's annual report 2014
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        Awaiting Parliament 1st reading / single reading / budget 1st stage
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        RSP - Resolutions on topical subjects
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        8.70.04 Protecting financial interests of the EU against fraud