Commissie stelt verbetering onderzoeksmanagement OLAF voor (en)
The backdrop to the reform of the basic OLAF regulatory framework is a matter on which all those consulted since February 2004 agree: OLAF's current structure as a Commission department enjoying functional independence in its investigative activities is satisfactory. It is not affected by today's proposed amendment, which aims rather at improving the way the Office operates within the existing framework. Improvements are to be made to the efficiency of investigative activities, political governance of the Office, respect for procedural and individual rights at all stages of the investigation and the flow of information relating to investigations, while OLAF's independence and the confidentiality of its investigations are preserved.
Vice-President Siim Kallas welcomed the adoption of the proposal by the Commission: "Now that we have just adopted a new Financial Perspective, it is more vital than ever to strengthen the protection of EU public funds against fraud. The reform proposed today contributes to this endeavour by placing the accent on increased efficiency of OLAF's operations in a context where the new Supervisory Committee took office in November 2005 and the Director-General was appointed in February this year. All these measures will strengthen OLAF as a pillar of public trust in the fight against fraud and corruption."
The proposal has the following main elements:
Independent review of procedures
The Commission proposes including in the Regulation a set of basic guarantees applicable to all OLAF investigations. The aim of these provisions is to secure full respect for procedures and for the rights of persons under investigation and to provide for review by an independent Review Adviser who can receive and scrutinise complaints at all stages of an internal or external investigation, thus ensuring that a rapid administrative review scheme applies across the board to all OLAF's investigative activities.
Political governance of anti-fraud investigative activities
The OLAF Supervisory Committee is an existing group of independent experts who guarantee the independence of OLAF's investigations. The Commission proposes that the Supervisory Committee meet regularly with representatives of the European Parliament, the Council and the Commission in a structured dialogue to review OLAF's strategic priorities for investigation, to ensure good relations between the institutions and to ensure the effectiveness of the Office's work. This dialogue is to provide an opportunity for the Office's Director-General and the Supervisory Committee to report on their programmes and activities.
Boosting OLAF's operational efficiency
Provisions are proposed to enable the Office to concentrate on its priorities for action and to clarify the procedures for opening and closing investigations. To improve the efficiency of OLAF's investigations, new measures are proposed for monitoring long-term investigations.
Information on OLAF's activities
The Commission proposal reflects certain parties' "needs to know", while preserving the confidentiality of investigations. In particular, Community institutions concerned by an OLAF investigation must be informed by OLAF that an investigation is in motion so that they can take appropriate measures to protect the European Union's interests. As part of the enhanced protection of procedural rights, people who are directly implicated in an investigation will be informed that that investigation has been opened and will be able to make their views known on the conclusions before OLAF's report is sent to the relevant authorities.
The proposal also provides for measures relating to transparency as regards the findings of the Office's investigations. Member States will be required to inform OLAF of the follow-up action they take when OLAF passes cases to them. This provision is aimed both to allow OLAF to assess the value of the information it passes on, and the ensure that Member States take appropriate follow-up action in line with their Treaty obligations.
Background
The proposal for a European Parliament and Council Regulation amending Regulation (EC) No 1073/1999 concerning investigations conducted by OLAF replaces the Commission proposal of February 2004 [1], on the basis of the analyses in the Commission's first report evaluating the Office's activities en 2003 [2], the special report by the Court of Auditors on the management of OLAF[3], and the hearing organised at the European Parliament by the Committee on Budgetary Control in July 2005 which were devoted in particular to ways and means of reinforcing the European Anti-Fraud Office. If adopted, the proposal would require amendment of the internal Commission Decision establishing OLAF. A draft text of the amended Decision is attached to the proposal for information purposes only.
References:
OLAF site:
http://ec.europa.eu/comm/anti_fraud/index_en.html
[3] Special Report from the Court of Auditors N° 1/2005 concerning the management of OLAF