9 Amendments of Eva JOLY 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 are encouraged to meet on a regular basis, in particular to get an overview of ongoing investigations, so as to identify trends and possible links between cases.
Amendment 28 #
(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 conducimmediately notify any criminal conduct and send a report without undue delay. Both the notification and the report should be sent at any stage before or during an investigation.
Amendment 43 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Persons reporting crimes and infringements related to the EU’s financial interests to the Office should be fully protected, in particular through the relevant EU provisions on the protection of whistleblowers.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(a a) the following paragraph 5a is added: "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 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 1
Article 12c – paragraph 1
1. The Office shall report to the EPPOimmediately notify and report without undue delay to the EPPO 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 notification and the report shall be sent at any stage before or during an investigation of the Office.
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 2
Article 12c – paragraph 2
2. The report shall contain, as a minimum, a description of the facts all the relevant 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 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12e – paragraph 2 a (new)
Article 12e – paragraph 2 a (new)
2 a. The standards of the procedural guarantees stipulated in Council Regulation (EU) 2017/1939 shall also apply to evidence collected by the Office in these cases. The Court of Justice of the European Union remains competent to review procedural acts conducted by OLAF on behalf of the EPPO, if those acts are intended to produce legal effects vis-à-vis third parties.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 2
Article 12f – paragraph 1 – subparagraph 2
Within 310 days after receipt of this information the EPPO may object to the opening 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.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 2
Article 12g – paragraph 2
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 indirect access to information in its case management system on the basis of a hit/no-hit system.;