2 Amendments of Inés AYALA SENDER related to 2018/0170(COD)
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EU, Euratom) No 883/2013
Article 9b (new)
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.
Amendment 150 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU, Euratom) No 883/2013
Article 9c (new)
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.”