[ParlTrack]

Proposal for a regulation
Article 13 – paragraph 3

3. The committee of inquiry may ask any other legal or natural person concerned to make available such documents as it may consider pertinent for the success of its inquiry. Such persons shall, without prejudice to their obligations arising from Union and national law, comply with the committee's request. They may claim the rights which they would enjoy under national l~~egislation~~aw in the case of seizure of objects by national law-enforcement authorities.

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 13 – paragraph 4

4. Requests for documents shall state the legal basis and the purpose of the request and shall specify what documents are required and fix the time-limit within which the documents are to be provided. ~~They shall also state the possible consequences of groundless refusal to provide the documents requested.~~

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 14 – paragraph 1

1. The committee of inquiry may ~~summon~~invite any person who is resident in the European Union to appear as a witness if it considers that the hearing of that person is necessary in order for it to be able to fulfil its task. E~~very summons~~ach request shall contain the name, forenames and address of the witness concerned and state precisely about what subject and for what reasons the witness is to be examined. It shall be forwarded by the committee to the competent national authority of the Member State where the witness is resident. The competent national authority shall ensure that the summons is served on the witness in conformity with the provisions of national law.

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 14 – paragraph 2

2. Witnesses ~~who have been duly summoned shall obey the summons and attend for examination. They~~ shall willingly, fully and truthfully answer questions put to them by members of the committee. They may claim the rights which they would enjoy if summoned and heard by a parliamentary committee of inquiry or similar body, or otherwise by a court with jurisdiction in civil proceedings, in their Member State of residence. To that end, they may avail themselves of legal counsel. Witnesses shall be informed in advance of their rights and obligations ~~and of the possible consequences of groundless refusal to obey the summons and attend for examination, of false testimony and of the bribing of witnesses~~.

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 14 – paragraph 3

3. The committee may decide to hear witnesses under the following oath: ‘I swear that I have spoken the truth, the whole truth and nothing but the truth’. Witnesses, if they so wish, may add a complementary religious formula to the oath. However, no one shall be obliged to testify under oath. Formal note shall be taken of every case where a witness declines to testify under oath.deleted

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 15 – paragraph 2

2. The committee of inquiry may ~~summon~~invite a specific official or other servant of the Union to testify in a matter associated with his or her professional duties if it considers that the hearing of that person is necessary in order to enable it to fulfil its task. The official or other servant concerned shall be deemed to be authorised pursuant to Articles 17 and 19 of the Staff Regulations of officials of the European Union and Article 11 of the Conditions of employment of other servants of the European Union to obey the summons by the committee, to attend for examination as a witness and to submit statements and give evidence in person.

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 15 – paragraph 3

3. The committee of inquiry may ~~summon~~invite a specific official or other servant of a Member State to testify in a matter associated with his or her professional duties if it considers that the hearing of that person is necessary in order to enable it to fulfil its task. The Member State concerned ~~shall~~may authorise its officials and other servants, in conformity with the provisions of its national law, to obey the summons by the committee, to attend for examination as witnesses and to submit statements and give evidence in person.

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 16

1. The committee of inquiry may issue letters rogatory for the examination of duly summoned witnesses. 2. Letters rogatory shall be issued, in accordance with Article 14(1), in the form of a decision of the committee and shall be forwarded by the committee to the competent judicial authority of the Member State where the witness is resident. Where necessary, the decision shall be accompanied by a translation into the official language or one of the official languages of the Member State to which it is addressed. 3. The competent judicial authority shall give effect to the letter rogatory in accordance with its national law. However, it may follow a request of the committee of inquiry that a special method or procedure be followed, unless this is incompatible with the national law of the Member State concerned or is impracticable by reason of its internal practice and procedure or by reason of practical difficulties. 4. Letters rogatory shall be executed expeditiously. 5. After execution, the competent judicial authority shall transmit to the committee of inquiry the decision embodying the letters rogatory, any documents arising from the execution and a detailed statement of costs.Article 16 deleted Letters rogatory

2011/09/15
Committee: AFCO

Ashley FOX

Proposal for a regulation
Article 18

1. Formal note shall be taken of any refusal or failure to comply with the obligations laid down by this Regulation. The President of the European Parliament may announce such refusals or failures in plenary and shall arrange for them to be published in the Official Journal of the European Union. 2. Member States shall ensure that the following infringements of this Regulation are subject to appropriate sanctions under their national law: – groundless refusal to provide any documents requested; – groundless refusal to obey a summons and to attend for examination as a witness; – the giving of false testimony; and – the bribing of witnesses. Those sanctions shall be effective, proportionate and dissuasive. 3. Where a person is reasonably suspected of having committed any of the infringements specified in paragraph 2, the Member State in which that person is resident shall bring appropriate proceedings against him or her under its national law. 4. Where there exists reasonable suspicion of an infringement specified in paragraph 2, waiver of the immunity of an official or other servant of the Union in accordance with Article 17 of the Protocol on the Privileges and Immunities of the European Union shall be deemed not to be contrary to the interests of the Union.Article 18 deleted Sanctions

2011/09/15
Committee: AFCO

9 Amendments of Ashley FOX related to 2009/2212(INI)

ParlTrack - 2011-2024