4 Amendments of Maria Gabriela ZOANĂ related to 2018/0170(COD)
Amendment 29 #
Proposal for a regulation
Recital 6
Recital 6
(6) Elements pointing to possible criminal conduct falling within the competence of the EPPO may, in practice, be present in initial allegations received by the Office or may emerge only in the course of an administrative investigation opened by the Office on the grounds of suspicion of administrative irregularity. In order to comply with its duty to report to the EPPO, the Office should therefore, as the case may be, report criminal conductinform the EPPO of the criminal conduct through a report. This report may be made at any stage before or during an investigation.
Amendment 33 #
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 needIt is necessary for the Office 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 shouldthe Office must report to the EPPO where a suspicion of an offence within its competence is identified.
Amendment 37 #
Proposal for a regulation
Recital 9
Recital 9
(9) In conformity with Regulation (EU) 2017/1939, the Office should in principle not open an administrative investigation parallel to an investigation conducted by the EPPO into the same facts. However, in certain cases, the protection of the Union’s financial interests may require that the Office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the EPPO with the purpose of ascertaining whether precautionary measures are necessary, or financial, disciplinary or administrative action should be taken. Due to complementarity, such complementary administrative investigations should only be carried out with EPPO approval. These complementary investigations may be appropriate, inter alia, when necessary to recover amounts due to the Union budget subject to specific time-barring rules, when the amounts at risk are very high, or where there is the need to avoid further expenditure in risk situations through administrative measures.
Amendment 39 #
Proposal for a regulation
Recital 10
Recital 10
(10) Regulation (EU) 2017/1939 provides that the EPPO may request such complementary investigations to the Office. In cases where the EPPO does not request it, such a complementary investigation should also be possible on the initiative of the Office, under certain concise conditions. In particular, the EPPO should be able to object to the opening or continuation of an investigation by the Office, or to the performance of specific acts of investigation by it. The reasons for this objection should be based on the need to protect the effectiveness of the EPPO's investigation and should be proportionate to this aim. The Office should refrain from performing the action on which the EPPO raised an objection. If the EPPO does not object, the Office investigation should be conducted in close consultation with the EPPO.