33 Amendments of Gérard DEPREZ related to 2018/0170(COD)
Amendment 25 #
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EU) 2017/1939 requires the Office, as well as all institutions, bodies, offices and agencies of the Union and competent national authorities, to report to the EPPO without undue delay criminal conduct in respect of which the EPPO may exercise its competence. Since the mandate of the Office is to carry out administrative investigations into fraud, corruption and any other illegal activity affecting the financial interest of the Union, it is ideally placed and equipped to act as a natural partner and privileged source of information for the EPPO. This is especially the case when investigations involve Member States that participate in the enhanced cooperation for the creation of the EPPO and Member States that do not.
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) Regulation (EU) 2017/1939 specifies the minimum elements that, as a rule, reports should contain. The Office may need to conduct a preliminary evaluation of allegations to ascertain these elements and collect the necessary information. The Office should conduct this evaluation expeditiously and through means which do not risk jeopardising a possible future criminal investigation. Upon completion of its evaluation, it should immediately report to the EPPO where a suspicion of an offence within its competence is identified.
Amendment 41 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure effective coordination between the Office and the EPPO, information should be exchanged between them on a continuous basis. The exchange of information in the stages prior to the opening of investigations by the Office and the EPPO is particularly relevant to ensure proper coordination between the respective actions and avoid duplication. The Office and the EPPO should specify the modalities and conditions of this exchange of information in their working arrangements. The Director General of the Office and the European Chief Public Prosecutor should meet on a regular basis to discuss matters of common interest.
Amendment 42 #
Proposal for a regulation
Recital 19
Recital 19
(19) In situations where the Office needs to rely on the assistance of the national competent authorities, particularly in cases where an economic operator opposes an on-the-spot check and inspection, Member States should ensure that the Office's action is effective, and should provide without undue delay the necessary assistance in accordance with the relevant rules of national procedural law.
Amendment 48 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) The competent authorities of the Member States shall give the necessary assistance to the Office to fulfil their tasks. When the Office makes judicial recommendations to the national prosecution authorities of a Member State and no follow-up is made, the Member State should justify its decision to the Office. Once a year, the Office should draw up a report in order to give an account of the assistance provided by the Member States and on the follow-up of the judicial recommendations.
Amendment 49 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) A fundamental rights officer should be appointed among the members of the Supervisory Committee. The fundamental rights officer should monitor the compliance of the Office with fundamental rights and procedural guarantees.
Amendment 50 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) By 31 December 2022, the Commission should evaluate the application of this Regulation and in particular the efficiency of the cooperation between the Office and the EPPO.
Amendment 52 #
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 2
Article 3 – paragraph 2
2. On-the-spot checks and inspections may be conducted without prior notice and shall be conducted in accordance with this Regulation and, to the extent that a matter is not covered by this Regulation, with Regulation (Euratom, EC) No 2185/96.
Amendment 54 #
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 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
At the request of the Office, the competent authority of the Member State concerned shall, without undue delay, provide the staff of the Office with the assistance needed in order to carry out their tasks effectively, as specified in the written authorisation referred to in Article 7(2).
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
The Member State concerned shall ensure, in accordance with Regulation (Euratom, EC) No 2185/96, that the staff of the Office are allowed access to all information and documents relating to the matter under investigation which prove necessary in order for the on-the-spot checks and inspection to be carried out effectively and efficiently, and that they are able to assume custody of documents or data during the time necessary to ensure that there is no danger of their disappearance.
Amendment 61 #
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 without undue delay 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 63 #
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 10 – subparagraph 1
Article 3 – paragraph 10 – subparagraph 1
Without prejudice to Article 12c(1), where, before a decision has been taken whether or not to open an external investigation, the Office handles information which suggests that there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union, it may inform the competent authorities of the Member States concerned and, where necessary, the institutions, bodies, offices and agencies concerned. Upon request, the competent authorities of the Member States concerned and/or the institution, body, office or agency concerned shall inform the Office of any action taken and of its findings on the basis of such information
Amendment 64 #
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 during the time necessary to ensure that there is no danger of their disappearance;
Amendment 66 #
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
3. In accordance with Article 3, the Office may carry out, without prior notice, on-the-spot checks and inspections at the premises of economic operators in order to obtain access to information relevant to the matter under internal investigation.;
Amendment 68 #
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 2
Article 5 – paragraph 2
(a a) in paragraph 2, the second sentence is replaced by the following: "The decision to open an internal investigation shall be taken by the Director-General, acting on his own initiative or following a request from the EPPO or the institution, body, office or agency within which the investigation is to be conducted or from a Member State. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 3
Article 7 – paragraph 3
(a a) in paragraph 3, the second subparagraph is replaced by the following: "The institutions, bodies, offices and agencies shall ensure that their officials, other servants, members, heads and staff members provide the necessary assistance to enable the staff of the Office to fulfil their tasks effectively. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)in accordance with this Regulation effectively and without undue delay." Or. en
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 1
Article 8 – paragraph 1
Where the institutions, bodies, offices and agencies report to the EPPO in accordance with Article 24 of Regulation (EU) 2017/1939, they may instead transmit to the Office a copy of the report sent to the EPPO and provide notice to the EPPO of such a transmission.;
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Prior to the opening of an investigation, they shall transmit, at the request of the Office or on their own initiative, any document or information they hold which is necessary to assess the allegations or to apply the criteria for opening an investigation as set out in Article 5(1).;
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The institutions, bodies, offices and agencies and, unless prevented by national law, the competent authorities of the Member States shall transmit to the Office, at the request of the Office or on their own initiative, any other document or information considered pertinent which they hold relating to the fight against fraud, corruption and any other illegal activity affecting the financial interests of the Union.;
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 10 – paragraph 5
Article 10 – paragraph 5
(a a) In paragraph 5, the first subparagraph is replaced by the following: "The Director-General shall ensure that any information provided to the public is given neutrally and impartially, and that its disclosure respects the data protection requirements, the confidentiality of investigations and complies with the principles set out in this Article and in Article 9(1). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)" Or. en
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The report mayshall be accompanied by recommendations of the Director-General on whether or not action toshould be taken. Those recommendations shall, where appropriate, indicate any disciplinary, administrative, financial and/or judicial action by the institutions, bodies, offices and agencies and by the competent authorities of the Member States concerned, and shall specify in particular the estimated amounts to be recovered, as well as the preliminary classification in law of the facts established.;
Amendment 81 #
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 2
Article 11 – paragraph 2 – subparagraph 2
Upon simple verification of their authenticity, reports drawn up on that basis, as well as the evidence supporting such reports, shall constitute admissible evidence in judicial proceedings of a non- criminal nature before national courts and in administrative proceedings in the Member States.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c a (new)
Article 1 – paragraph 1 – point 10 – point c a (new)
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
(c a) the following paragraph 8a is added: “8a. Once a year, a report shall be drawn up, under the authority of the Director- General. That report shall give an account of the follow up given by the competent authorities of the Member States following requests of assistance made by the Office pursuant to this Regulation. That report shall also give an account of the judicial follow up made by the competent authorities of the Member States on the basis of the results of the investigations made by the Office. The report shall respect data protection requirements and the confidentiality of investigations and shall be transmitted to the Commission, the Council and the European Parliament."
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 Regulation (EU, Euratom) No 883/2013
Article 1 – paragraph 1 – point 12 Regulation (EU, Euratom) No 883/2013
1. Member States shall, for the purposes of this Regulation, designate a service (‘the anti-fraud coordination service’) to facilitate quick and effective cooperation and exchange of information, including information of an operational nature, with the Office. Where appropriate, in accordance with national law, the anti- fraud coordination service may be regarded as a competent authority for the purposes of this Regulation.
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12a – paragraph 2
Article 12a – paragraph 2
2. Upon request of the Office or on their own initiative, before a decision has been taken as to whether or not to open an investigation, as well as during or after an investigation, the anti- fraud coordination services shall provide, obtain or coordinate the necessary assistance for the Office to carry out its tasks effectively. That assistance shall include in particular the assistance from the national competent authorities provided in accordance with Article 3(6) and (7), Article 7(3) and Article 8(2) and (3).
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 3 – subparagraph 3
Article 12c – paragraph 3 – subparagraph 3
Following this preliminary evaluation, the Office shall immediately report to the EPPO if the conditions set out in paragraph 1 are met.
Amendment 103 #
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 2 a (new)
Article 12e – paragraph 2 a (new)
2 a. When the Office conducts administrative investigations pursuant to paragraph 1 (c), the procedural guarantees foreseen in Regulation 2017/1939 apply to such investigations. All procedural acts taken by the Office can be subject to review of the Court of Justice of the European Union.
Amendment 108 #
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 1
Article 12g – paragraph 1
1. Where necessary to facilitate the cooperation with the EPPO as set out in Article 1(4a), the Office shall agree with the EPPO on administrative arrangements. Such working arrangements may establish practical details for the exchange of information, including personal data, operational, strategic or technical information and classified information. They shall include detailed arrangements on the continuous exchange of information during the receipt and verification of allegations by both offices. The Director General of the Office and the European Chief Public Prosecutor shall meet at least once year to discuss matters of common interest.
Amendment 112 #
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 a quick access to information in its case management system on the basis of a hit/no-hit system.;
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EU, Euratom) No 883/2013
Article 15 – paragraph 9 a (new)
Article 15 – paragraph 9 a (new)
(12 a) Article 15 is amended as follows: (a) the following paragraph 9a is added: "The Supervisory Committee shall appoint a fundamental rights officer among its members. The fundamental rights officer shall monitor the compliance of the Office with fundamental rights and procedural guarantees. The fundamental rights officer shall address opinions and, where appropriate, recommendations to the Supervisory Committee on the activities and investigations conducted by the Office. The opinions and the recommendations of the fundamental rights officer are included in the reports of the Supervisory Committees pursuant to paragraph 9 of the present article.";
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point a
Article 1 – paragraph 1 – point 13 – point a
Regulation (EU, Euratom) No 883/2013
Article 16 – paragraph 1
Article 16 – paragraph 1
The Chief European Public Prosecutor is invited to participate in the exchange of views. Representatives of the Court of Auditors, the EPPO, Eurojust and/or Europol may be invited to attend on an ad hoc basis upon request of the European Parliament, the Council, the Commission, the Director- General or the Supervisory Committee.;
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a a (new)
Article 1 – paragraph 1 – point 14 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 17 – paragraph 4
Article 17 – paragraph 4
(a a) paragraph 4 is replaced by the following: "4. The Director-General shall report regularly to the European Parliament, the Council, the Commission, the EPPO and the Court of Auditors on the findings of investigations carried out by the Office, the action taken and the problems encountered, whilst respecting the confidentiality of the investigations and data protection principles, the legitimate rights of the persons concerned and of informants, and, where appropriate, national law applicable to judicial proceedings. "" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EU, Euratom) No 883/2013
Article 19
Article 19