12 Amendments of Ana MIRANDA related to 2018/0170(COD)
Amendment 23 #
Proposal for a regulation
Recital 4
Recital 4
(4) In view of their common goal to preserve the integrity of the Union budget, the Office and the EPPO should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action, in particular as regards the scope of the enhanced cooperation for the establishment on the EPPO. Ultimately, the relationship should contribute to ensuring that all means are used to protect the financial interests of the Union and avoiding unnecessary duplication of efforts. To foster good cooperation, the EPPO and the Office should meet on a regular basis, in particular to discuss ongoing investigations, and identify trends and possible links between different cases
Amendment 28 #
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, immediately report criminal conduct at any stage before or during an investigation.
Amendment 33 #
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. 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. Such investigations should be carried out in agreement with the EPPO.
Amendment 35 #
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 conditions and following the agreement of the EPPO. 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.
Amendment 39 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure effective coordination between the Office and the EPPO and transparency in their cooperation, 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.
Amendment 43 #
Proposal for a regulation
Recital 20
Recital 20
(20) A duty for economic operators to cooperate with the Office should be introduced in Regulation (EU, Euratom) No 883/2013. This is in line with their obligation under Regulation (Euratom, EC) No 2185/96 to grant access for the carrying out of on-the-spot checks and inspections to premises, land, means of transport or other areas, used for business purposes, and with the obligation in Article 1298 of the Financial Regulation that any person or entity receiving Union funds shall fully cooperate in the protection of the financial interests of the Union, including in the context of investigations by the Office. The Office should step up its work regarding investigations concerning the misuse of Union funds under the Multi-annual Financial Framework. _________________ 8 Article 129 will be inserted in Regulation (EU) 2018/XX of the European Parliament and the Council (new Financial Regulation), on which a political agreement has been reached and which is expected to be adopted in the coming months.
Amendment 45 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Persons reporting crimes and infringements related to the EU’s financial interests to the Office and the EPPO, should be fully protected, in particular through the relevant EU provisions on the protection of whistle- blowers.
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
(aa) the following paragraph 6 is added: "6. Persons reporting crimes and infringements related to the EU’s financial interests, to the Office shall be fully protected, in particular through European legislation regarding the protection of persons reporting on breaches of Union law."
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12 c – paragraph 1
Article 12 c – paragraph 1
1. The Office shall immediately notify and report to the EPPO without undue delay any criminal conduct in respect of which the EPPO could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of Regulation (EU) 2017/1939. The report shall be sent at any stage before or during an investigation of the Office.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12 c – paragraph 2
Article 12 c – paragraph 2
2. The report shall contain, as a minimum, a description of the factsll the facts and information known by the Office, including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims, suspects and any other involved persons.
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12 c – paragraph 3
Article 12 c – paragraph 3
The Office shall not be bound to report to the EPPO manifestly unsubstantiated allegations, but shall provide data on the number and object of such allegations on a yearly basis.
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 12 g – paragraph 2 a (new)
Article 12 g – paragraph 2 a (new)
2a. The Office and the EPPO shall meet on a regular basis and at least every three months, in particular to discuss ongoing investigations, and identify trends and possible links between different cases.