BETA

Activities of Arndt KOHN related to 2018/0170(COD)

Shadow reports (1)

2016/11/22
Committee: CONT
Dossiers: 2018/0170(COD)
Documents: PDF(523 KB) DOC(232 KB)

Amendments (33)

Proposal for a regulation
Recital 11

(11) The Office should ~~actively~~be allowed to support the EPPO in its investigations. In this regard, the EPPO may request the Office to support or complement its criminal investigations through the exercise of powers under this Regulation. In these cases the Office should perform these operations within the limits of its powers and within the framework provided for in this Regulation.

2019/02/13
Committee: CONT

Arndt KOHN, Wolf KLINZ

Proposal for a regulation
Recital 14

(14) It is necessary to address the most unambiguous findings of the Commission evaluation through the amendment of Regulation (EU, Euratom) No 883/2013. These are essential changes necessary in the short term to strengthen the framework for the Office's investigations, in order to maintain a strong and fully-functioning Office that complements the EPPO's criminal law approach with administrative investigations, but which do not entail a change to the mandate or powers. They primarily concern areas where, today, the lack of clarity of the Regulation hinders the effective conduct of investigations by the Office, such as the conduct of on-the spot checks, the possibility of access to bank account information, or the admissibility as evidence of the case reports drawn up by the Office. In the medium-term, a more comprehensive amendment of Regulation (EU, Euratom) No 883/2013 would be necessary to modernise the framework of the Office and address further shortcomings identified by the Commission in its evaluation. The Commission should submit a new, comprehensive proposal no later than two years after the evaluation of both the EPPO and the Office, and their cooperation.

2019/02/13
Committee: CONT

Proposal for a regulation
Recital 15 a (new)

(15 a) The current legal framework foresees only limited judicial control over investigative acts by the Office, in particular in cases where there is no judicial follow-up by national authorities. Notwithstanding their administrative nature, the Office's investigative acts could potentially involve a lack of competence, infringements of essential procedural requirements, infringements of the Treaties, including violation of the Charter, or misuse of power. In order to provide those concerned with the appropriate judicial remedy, the right to file an action for annulment of investigative acts carried out by the Office should be made available.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph -1 (new)

Regulation (EU, Euratom) No 883/2013
Article 2 – point 2

-1 in Article 2, point (2) is replaced by the following: "(2) ‘irregularity’ shall mean ‘irregularity’ as defined in Article 1(2) of Regulation (EC, Euratom) No 2988/95~~; (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883-~~, including infringements affecting revenue from value-added tax;" Or. en 20170101&qid=1547480450198&from=EN)

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph -1 a (new)

Regulation (EU, Euratom) No 883/2013
Article 2 – point 3

"(3) ‘fraud, corruption and any other illegal activity affecting the financial interests of the Union’, which includes irregularities, shall have the meaning applied to those words in the relevant Union acts; ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883-~~" Or. en 20170101&qid=1547480450198&from=EN)

2019/02/13
Committee: CONT

Wolf KLINZ, Arndt KOHN

6 a. For those cases in which the Director-General decides not to open an investigation, he or she shall indicate the reasons for that decision in the annual report to the Supervisory Committee.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point e

Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 8

8. If an investigation cannot be closed within 12 months after it has been opened, the Director-General shall, at the expiry of that 12-month period and every six months thereafter, report to the Supervisory Committee, indicating the reasons and, where app~~ropriat~~licable, the remedial measures envisaged with a view to speeding up the investigation.;

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point e a (new)

Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 8a (new)

(e a) 8a. The report shall contain, as a minimum, a brief description of the facts, their legal qualification, an assessment of the damage caused or likely to be caused, the date of expiration of the statutory limitation period, the reasons why the twelve-month period could not be kept, and the remedial measures envisaged with a view to speeding up the investigation, where applicable.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 6

"(c) any special measures of confidentiality recommended, in particular in cases entailing the use of investigative measures falling within the competence of the EPPO or a national judicial authority or~~, in the case of an external investigation, within the competence of a~~ other national authority, in accordance with the national rules applicable to investigations. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883-~~" Or. en 20170101&qid=1547480450198&from=EN)

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a

Regulation (EU, Euratom) No 883/2013
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~~shall instead transmit to the Office a copy of the report sent to the EPPO.;

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)

Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 1

"1. The institutions, bodies, offices and agencies shall transmit to the Office without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. This duty shall apply to the EPPO when the concerned cases do not fall under its mandate in accordance with Chapter IV of Regulation (EU) 2017/1939." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883- 20170101&qid=1547480450198&from=EN)

2019/02/13
Committee: CONT

Arndt KOHN, Wolf KLINZ

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a a (new)

Regulation (EU, Euratom) No 883/2013
Article 9 – paragraph 5 a (new)

(a a) 5a. For cases where the Office recommends a judicial follow-up, and without prejudice to the confidentiality rights of whistleblowers and informants, the person concerned shall have access to the report drawn up by the Office under Article 11 following its investigation, and to any other relevant documents, to the extent that they relate to that person and if, where applicable, neither the EPPO nor the national judicial authorities object within a period of six months. An authorisation by the competent judicial authority may also be granted before this period has expired.

2019/02/13
Committee: CONT

Arndt KOHN, Wolf KLINZ, Inés AYALA SENDER

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

Regulation (EU, Euratom) No 883/2013
Article 9b (new)

(8 a) Article 9b is inserted: 1. Without prejudice to the independence of the Office with respect to the discretion to conduct the investigation under way, the Director-General shall first obtain the authorisation of the Controller when the Office intends to exercise its power to inspect the professional office of a Member of the European Parliament at the premises of the European Parliament or to take copies of documents or of any data support located in this office, irrespective of the medium on which the data is stored. To this end, the Office shall transmit any relevant information necessary to assess the request for authorisation. This procedure is to be regarded as confidential and the Controller shall not disclose any information concerning it. 2. In taking his or her decision on whether or not to grant authorisation for the aforementioned investigative measures, the Controller shall carry out an objective assessment of their legality and examine whether these measures are proportionate or whether the same objective could be achieved with less intrusive investigative measures. The Controller shall reply to the request for an authorisation promptly and no later than 48 hours after receiving the request. The absence of a reply by the Controller within this time limit shall be deemed to be an authorisation. 3. In duly justified urgent cases, where a delay may be harmful to the investigations, the Office may request that the time limit referred to in paragraph 2 is shortened to 24 hours, in agreement with the Controller. The time limit may also be extended to a maximum of 72 hours at the duly motivated request of the Controller. 4. These arrangements shall fully respect the rules on immunity of Members of the European Parliament as set out in Articles 5 to 12 of the Rules of Procedure.

2019/02/13
Committee: CONT

Arndt KOHN, Inés AYALA SENDER

Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)

Regulation (EU, Euratom) No 883/2013
Article 9c (new)

(8 b) Article 9c is inserted: Article 9c Appointment and status of the Controller of procedural guarantees 1. The Controller and his of her substitute shall be appointed by common accord of the European Parliament, the Council and the Commission for a non-renewable term of five years. On expiry of their terms, they shall remain in office until they are replaced. Following a call for applications in the Official Journal of the European Union, the Commission shall draw up a list of suitably qualified candidates for the positions of the Controller and of the substitute, after a favourable opinion on the selection procedure has been given by the Supervisory Committee. The decision to appoint the Controller and his substitute shall also include a reserve list of potential candidates to replace the Controller for the remainder of his or her term of office in the event of resignation, death, permanent incapacity or removal from office. The Controller and his or her substitute shall be administratively attached to the Supervisory Committee. Their Secretariat shall be provided by the Supervisory Committee, in close consultation with the Controller. 2. The Controller and his or her substitute shall exercise their functions in complete independence and shall neither seek nor take instructions from anyone in the performance of their duties. They shall not perform any functions within the Office. In exercising their functions they shall take account of the need for effective application of the rules on the protection of the financial interests of the European Union and on the fight against fraud laid down in Union legislation. 3. If the Controller or his or her substitute cease to fulfil the conditions required for the performance of their duties, or if they are found guilty of serious misconduct, the European Parliament, the Council and the Commission may, by common accord, relieve them of their duties. 4. The Controller shall report on his or her activities in the annual report pursuant to Article 15(9). His reports shall not refer to individual cases under investigation and ensure the confidentiality of investigations even after their closure.”

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b

Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 2

Upon simple verification of their authenticity, reports drawn up on that basis including all evidence supporting and annexed to these reports shall constitute admissible evidence in judicial proceedings of a non-criminal nature before national courts and in administrative proceedings in the Member States.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c

Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 3

3. Reports and recommendations drawn up following an ~~external~~ investigation and any relevant related documents shall be sent, as appropriate, to the competent authorities of the Member States concerned in accordance with the rules relating to ~~external~~ investigations and, ~~if necessary,~~ to the institution, body, office or agency concerned. That institution, body, office or agency shall take such action, in particular of a disciplinary or legal nature, as the results of the ~~external~~ investigation warrant, and shall report thereon to the Office, within a time- limit laid down in the recommendations accompanying the report, and, in addition, at the request of the Office.; Competent authorities of the Member States shall report back to the Office within nine months on the actions taken in response to the case report. These reports shall include information on recommendations not implemented and the reasons for their non-implementation.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c a (new)

Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 6 a (new)

(c a) (cc) paragraph 6a is inserted: 6a. The competent authorities of the Member States and the institutions, bodies, offices and agencies shall ensure that the disciplinary, administrative, financial and judicial recommendations made by the Director-General pursuant to paragraphs 1 and 3 are acted upon, and shall send to the Office a detailed report on the actions taken by 31 March each year, including the reasons for non- implementation of recommendations made by OLAF, where applicable.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)

Regulation (EU, Euratom) 833/2013
Article 11a (new)

(10 a) (10a) After Article 11, a new article is inserted: Article11a Action for annulment Any person concerned may bring an action against the Commission for annulment of investigative acts carried out by the Office prior to the delivery of its investigative report under Article 11 on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties, including violation of the Charter, or misuse of power. Such an action may be brought either before the General Court of the EU or a competent national Court, where appropriate.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 4 – subparagraph 2

For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working days. This deadline may be extended in exceptional cases subject to modalities to be set out in the working arrangements referred to in Article 12g(1).

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) 2013/833
Article 12d – paragraph 1

The Director-General shall not open an investigation in accordance with Article 5, and shall discontinue an ongoing investigation, if the EPPO is conducting an investigation into the same facts, other than in accordance with Articles 12e or 12f. The Director-General shall inform the EPPO about each decision on not opening or discontinuation taken on such grounds.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12d – paragraph 1 – subparagraph 2

For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working days. This deadline may be extended in exceptional cases subject to modalities to be set out in the working arrangements referred to in Article 12g(1).

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 833/2013
Article 12d – paragraph 3

3. Where the EPPO closes or discontinues an investigation on which it had received information by the Director-General pursuant to paragraph 1, and which is relevant to the exercise of the Office's mandate, it shall inform the Office without undue delay and may make recommendations regarding follow-up administrative investigations.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12e – paragraph 2a (new)

2 a. 2b. Where the Office carries out activities referred to in paragraph 1 of this article and gathers sufficient evidence to prove an irregularity, it shall forward the information gathered without undue delay to the institution, body, organ or agency concerned to ensure a swift recovery of funds without prejudice to Article 5. For this purpose, the Office shall seek a prior authorisation by the EPPO which may object to such a request within 10 working days.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 1

In duly justified cases where the EPPO is conducting an investigation, where the Director-General considers that an investigation should be opened or continued in accordance with the mandate of the Office with a view to facilitating the adoption of precautionary measures or of financial, disciplinary or administrative action, the Office shall inform the EPPO in writing, specifying the nature and purpose of the investigation.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 2

Within 30 days after receipt of this information the EPPO may object to the opening or continuation 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.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 3

In the event that the EPPO does not object within the time period of the previous subparagraph, the Office may open or continue an investigation, and it shall conduct it in close consultation with the EPPO.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 2a (new)

2 a. 3. The EPPO may recommend complementary investigations in accordance with Article 101(3) of Regulation (EU) 2017/1939. In such case, the Director-General may decide to open an investigation in accordance with Article 5 of this Regulation. No further authorisation of the EPPO shall be required in such case. All other modalities set out in the first subparagraph of this Article continue to apply.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 1

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 access to information in its case management system on the basis of a hit/no-hit system.; Prior to the adoption of the working arrangements with the EPPO, the Director-General shall send the draft to the European Data Protection Supervisor who shall deliver its comments without delay.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b

Regulation (EU, Euratom) No 883/2013
Article 16 – paragraph 2 – point (d)

(d) the framework of the relations between the Office and the institutions, bodies, offices and agencies, in particular the EPPO., and action taken on the Office's final investigation reports and other information forwarded by the Office;

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)

Regulation (EU, Euratom) No 883/2013
Article 16 – paragarph 2 – point (e)

"(e) the framework of the relations between the Office and the competent authorities of the Member States; and action taken by competent authorities in the Member States on the Office‘s final investigation reports and other information forwarded by the Office;" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883- 20170101&qid=1547480450198&from=EN)

2019/02/13
Committee: CONT

Arndt KOHN, Wolf KLINZ

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a a (new)

Regulation (EU, Euratom) No 883/2013
Article 17 – paragraph 4

(a a) (aa) paragraph 4 is replaced by the following: 4. The Director-General shall report regularly, and at least annually, to the European Parliament, the Council, the Commission and the Court of Auditors on the findings of investigations carried out by the Office, the action taken, the problems encountered, the cases dismissed and the reasons thereof, and the Office’s follow-up to the recommendations made by the Supervisory Committee in accordance with Article 15, whilst respecting the confidentiality of the investigations, the legitimate rights of the persons concerned and of informants, and, where appropriate, national law applicable to judicial proceedings. The annual report shall also include an assessment of the degree of cooperation with the competent authorities of the Member States and the institutions, bodies, offices and agencies, with particular regard to the implementation of Article 11(6a).

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)

Regulation (EU, Euratom) No 883/2013
Article 19

(14 a) (14a) Article 19 is replaced by the following: Article 19 Evaluation report No later than ... [five years after the date determined in accordance with the second subparagraph of Article 120(2) of Regulation (EU) 2017/1939], the Commission shall submit to the European Parliament and the Council an evaluation report on the application and impact of this Regulation, in particular as regards the effectiveness and efficiency of the cooperation between the Office and the EPPO. That report shall be accompanied by an opinion of the Supervisory Committee.

2019/02/13
Committee: CONT

Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)

Regulation (EU, Euratom) No 883/2013
Article 19a (new)

(14 b) A new Article is inserted: 19aa Review Clause 1. No later than two years after the adoption of the first evaluation report pursuant to Article 19, the Commission shall submit a legislative proposal to the European Parliament and the Council to modernise the Office's framework, including additional or more detailed rules on the setting up of the Office, its functions or the procedures applicable to its activities, including its cooperation with the EPPO and cross-border investigations;

2019/02/13
Committee: CONT