Activities of Inés AYALA SENDER related to 2006/0084(COD)
Plenary speeches (1)
Investigations conducted by the European Anti Fraud Office (OLAF) (debate)
Amendments (11)
Amendment 88 #
Proposal for a regulation – amending act
Recital 5 b (new)
Recital 5 b (new)
(5b) To ensure that the Office’s operational activities are as transparent as possible, particularly the principles governing investigation procedure, the legitimate rights of the persons concerned and procedural safeguards, data protection provisions, the policy for providing information on certain aspects of the Office’s operational activities, reviewing the legality of investigation activities and appeals procedures for the persons concerned, there is a need to provide a legal basis for adoption of a code of procedure for Office investigations. The code should be published in the Official Journal of the European Union.
Amendment 98 #
Proposal for a regulation - amending act
Article 1 - point 1 a
Article 1 - point 1 a
Regulation (EC) No 1073/1999
Article 3 a (new)
Article 3 a (new)
(1a) The following article is inserted: "Article 3a Cooperation on the part of the Office with Eurojust, Europol and other international organisations Pursuant to the powers and responsibilities conferred upon it under this Regulation, the Office may conclude cooperation agreements with Eurojust and Europol. The aim of these agreements shall be to clarify the respective powers and responsibilities of these bodies and to define the cooperation between them within the framework of the European area of freedom, security and justice. The Office may also conclude cooperation agreements with other international organisations."
Amendment 104 #
Proposal for a regulation - amending act
Article 1 - point 9
Article 1 - point 9
Regulation (EC) No 1073/1999
Article 10 - paragraph 2 - subparagraph 1 a
Article 10 - paragraph 2 - subparagraph 1 a
The decision to forward shall be taken by the Director General of the Office, after consultation of the Office’s case board and in accordance with the legality review provisions set out in Article 14(2).
Amendment 105 #
Proposal for a regulation - amending act
Article 1 - point 9 b (new)
Article 1 - point 9 b (new)
Regulation (EC) No 1073/1999
Article 10 a (new)
Article 10 a (new)
(9b) The following article is inserted: "Article 10a Exchange of information between the Office and institutions concerned 1. The Director General of the Office shall report regularly, at least once a year, to the European Parliament, the Council, the Commission and the Court of Auditors on the results of the investigations carried out by the Office, with due respect for the confidentiality of those investigations, the legitimate rights of the people involved and, where applicable, the national provisions applicable to judicial procedures. The Director General shall act in accordance with the principle of independence that informs his mission."
Amendment 106 #
Proposal for a regulation – amending act
Article 1 – point 10 – subpoint a
Article 1 – point 10 – subpoint a
Regulation (EC) No 1073/1999
Article 11 – paragraph 1
Article 11 – paragraph 1
“1. The Supervisory Committee shall reinforce the Office’s independence by regular monitoring of the implementation of the investigative funcensure that the Office exercises in full independence the competences conferred upon it by this Regulation. The Supervisory Committee shall: (a) ensure that the rules governing information exchanges between the Office and the institutions, bodies, offices and agencies are complied with. The Supervisory Committee shall; (b) monitor developments regarding the application of procedural guarantees and the duration of investigations in the light of the periodic statistics, information and investigation reports supplied to it by the Director General of the Office and the opinions and analysis reports regularly drawn up in this connection by the Review Adviser on the basis of close cooperation withdrawn up by the Review Adviser; (c) assist the Director General, ensuring that the Office has the resources needed to carry out its investigative task; (d) give opinions and recommendations on: – the identification of priorities for investigation; – the duration of investigations and action taken on investigations; – the code of procedure; (e) give opinions on action by the Director General before the Court of Justice of the European Communities and the national courts; (f) assist the Director General ofin the Officconsultation procedure. The Supervisory Committee shall deliver opinions to the Director General of the Office, on its own initiative or at his request or the request of an institution, body, office or agency, without however interfering with the conduct of investigations in progress. The applicant shall be provided with a copy of such opinions.”
Amendment 109 #
Proposal for a regulation - amending act
Article 1 - point 12 a
Article 1 - point 12 a
Regulation (EC) No 1073/1999
Article 12 - paragraph 1
Article 12 - paragraph 1
1. After consulting the representatives of the other institutions, meeting with the Supervisory Committee in the context of the structured dialogue, the Commission shall appoint the Director General of the OfficeThe Office shall be placed under the authority of a Director General appointed by the Commission for a term of sefiven years, which may not be renewed. The consultation shall be organised on the basis of a list of candidates drawn up by the Commission after a call for applications once.
Amendment 113 #
Proposal for a regulation - amending act
Article 1 - point 12 b
Article 1 - point 12 b
Regulation (EC) No 1073/1999
Article 12 - paragraph 2
Article 12 - paragraph 2
Amendment 114 #
Proposal for a regulation - amending act
Article 1 - point 12 c
Article 1 - point 12 c
Regulation (EC) No 1073/1999
Article 12 - paragraph 3
Article 12 - paragraph 3
(c) in paragraph 3, “the Director” is replaced by “the Director General”; paragraph 3 is replaced by the following text: “3. The Director General shall neither seek nor take instructions from any government or any institution, body, office or agency in the performance of his duties with regard to the opening and carrying out of external and internal investigations or to the drafting of reports following such investigations. If the Director considers that a measure taken by the Commission calls his independence into question, he shall be entitled to bring an action before the Supervisory Committee, in the first instance, and subsequently before the Court of Justice. The Director General shall report regularly to the European Parliament, the Council, the Commission and the Court of Auditors, in the context of the consultation procedure referred to in Article 11a, on the findings of investigations carried out by the Office, the action taken and the problems encountered, whilst respecting the confidentiality of the investigations, the legitimate rights of the persons concerned and, where appropriate, national provisions applicable to judicial proceedings. The above institutions shall ensure that the confidentiality of the investigations conducted by the Office is respected, together with the legitimate rights of the persons concerned, and, where judicial proceedings have been instituted, that all national provisions applicable to such proceedings have been adhered to.”
Amendment 116 #
Proposal for a regulation - amending act
Article 1 - point 14
Article 1 - point 14
Regulation (EC) No 1073/1999
Article 14
Article 14
Amendment 119 #
Proposal for a regulation - amending act
Article 1 - point 14 a (new)
Article 1 - point 14 a (new)
Regulation (EC) No 1073/1999
Article 14 a (new)
Article 14 a (new)
The following article is inserted: Article 14a Filing of complaints by persons concerned by Office investigations 1. Any person personally concerned by an investigation may file a complaint with the Office’s Director General alleging a violation of his procedural or human rights in the course of the investigation. Following reception of a complaint, an ad hoc review adviser shall be appointed by the Director General in accordance with the procedure set out in Article 14. 2. The review adviser shall carry out his duties in complete independence. In carrying out his task he may neither ask for nor accept instructions from anyone. He may ask for access to the investigation file and request, for information, the opinions delivered by the experts referred to in Article 14. He may hear the complainant, at the latter’s request or on his own initiative. 3. The review adviser shall give the Director General his opinion within no more than 30 working days of the forwarding of the complaint by the Director General. His opinion shall be sent to the complainant, the Director General and the Supervisory Committee. 4. Any official or other agent of the European Communities may address to the Director General of the Office a complaint against an act that is damaging to him carried out by the Office in the context of an internal investigation, in accordance with the rules set out in Article 90, paragraph 2, of the Staff Regulations of the European Communities. Article 91 of the abovementioned Staff Regulations shall be applicable to decisions taken with regard to such complaints.
Amendment 121 #
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 1073/1999
Article 15 a
Article 15 a