BETA


2016/0064(COD) European Anti-Fraud Office (OLAF): secretariat of the Supervisory Committee

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead CONT GRÄSSLE Ingeborg (icon: PPE PPE) AYALA SENDER Inés (icon: S&D S&D), CZARNECKI Ryszard (icon: ECR ECR), DLABAJOVÁ Martina (icon: ALDE ALDE), DE JONG Dennis (icon: GUE/NGL GUE/NGL), STAES Bart (icon: Verts/ALE Verts/ALE), VALLI Marco (icon: EFDD EFDD), ALIOT Louis (icon: ENF ENF)
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
Euratom Treaty A 106a-pa, TFEU 325-p4

Events

2016/11/23
   Final act published in Official Journal
Details

PURPOSE: to amend Regulation (EU, EURATOM) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

LEGISLATIVE ACT: Regulation (EU, Euratom) 2016/2030 of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

CONTENT: in accordance with Regulation 883/2013 , the Supervisory Committee of the European Anti-Fraud Office is tasked with regularly monitoring the implementation by the Office of its investigative function, in order to reinforce its independence.

This Regulation amends Regulation (EU, Euratom) No 883/2013 so as to enable the framework for the implementation of the budgetary appropriations relating to the members of the Supervisory Committee to be set up in a way that avoids any appearance of a possible interference of the Office in their duties, while guaranteeing the same transparency of the appropriations for the operation of the Supervisory Committee as before.

In order to ensure that the Supervisory Committee functions effectively and efficiently, its secretariat should be provided directly by the Commission, independently from the Office , and the Commission should provide the secretariat with appropriate means to fulfil its function. In order to safeguard the Supervisory Committee's independence, the Commission should refrain from interfering with the monitoring functions of the Supervisory Committee.

The staff of the Office and the staff of the secretariat of the Supervisory Committee shall refrain from any unauthorised disclosure of information received in the exercise of their functions, unless that information has already been lawfully made public or is accessible to the public, and shall continue to be bound by that obligation after leaving the service.

The members of the Supervisory Committee shall be bound by the same obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate.

ENTRY INTO FORCE: 24.11.2016.

APPLICATION: from 1.1.2017.

2016/10/26
   CSL - Draft final act
Documents
2016/10/26
   CSL - Final act signed
2016/10/26
   EP - End of procedure in Parliament
2016/10/19
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/10/12
   EC - Commission response to text adopted in plenary
Documents
2016/07/06
   EP - Results of vote in Parliament
2016/07/06
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 670 vote to 34, with 6 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

To recall, the proposal aims to strengthen the independence of the OLAF Supervisory Committee’s Secretariat, thus providing for a more effective functioning of the Supervisory Committee.

Under the new proposed Regulation, the secretariat of the Supervisory Committee will be provided by the Commission, and no longer by OLAF.

The European Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission as follows:

Confidentiality and data protection : Parliament stated that the staff of the Office and the staff of the secretariat of the Supervisory Committee shall refrain from any unauthorised disclosure of information received in the exercise of their functions, unless that information has already been lawfully made public or is accessible to the public.

Moreover, the members of the Supervisory Committee shall be bound by the same obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate.

Guarantee the independence of the Supervisory Committee : before the appointment of any staff to the secretariat, the Supervisory Committee shall be consulted and its views shall be taken into account. The secretariat shall act on the instructions of the Supervisory Committee and independently from the Commission. Without prejudice to its control over the budget of the Supervisory Committee and its secretariat, the Commission shall not interfere with the monitoring functions of the Supervisory Committee .

An amendment also stipulated that officials assigned to the secretariat of the Supervisory Committee shall neither seek nor take instructions from any government or any institution, body, office or agency relating to the exercise of the monitoring functions of the Supervisory Committee.

Parliament took note of the Commission statement annexed to the resolution in which the Commission is committed to ensure the independent functioning of the Secretariat of the OLAF Supervisory Committee. This attachment will be of a purely administrative nature, with a view to facilitating certain organisational and budgetary aspects.

The Commission will consider, after consulting the Supervisory Committee, putting in place appropriate internal rules on mobility limiting the duration of the postings of the Secretariat, while ensuring continuity in order to render their independence effective, and avoid risks of conflicts of interests or of revolving doors issues with OLAF.

Documents
2016/07/05
   EP - Debate in Parliament
2016/06/14
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2016/06/10
   CSL - Coreper letter confirming interinstitutional agreement
2016/05/27
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Budgetary Control adopted the report by Ingeborg GRÄSSLE (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should adopt its position at first reading, taking over the Commission proposal .

To recall, the proposal aims to strengthen the independence of the OLAF Supervisory Committee’s Secretariat, thus providing for a more effective functioning of the Supervisory Committee.

In the past the European Parliament called several times on the Commission to take measures to reinforce the independent functioning of the OLAF Supervisory Committee’s secretariat, for example in its report on the discharge procedure for 2013 or in its resolution on the OLAF Supervisory Committee's annual report 2014.

Under the new proposed Regulation, the secretariat of the Supervisory Committee will be provided by the Commission, and no longer by OLAF.

Documents
2016/05/24
   EP - Vote in committee, 1st reading/single reading
2016/05/24
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2016/04/27
   EP - Committee draft report
Documents
2016/04/05
   CofA - Court of Auditors: opinion, report
Details

COURT OF AUDITORS OPINION No 1/2016 concerning a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

The Court welcomed the proposal that the secretariat of the Supervisory Committee should no longer be provided by OLAF. However, the new provisions could be completed in order to clarify that the secretariat must act independently not only of OLAF but also of the Commission and that it is under the authority of the Supervisory Committee .

The Court noted that the upcoming overall evaluation of the OLAF Regulation in 2017 will be an opportunity to examine and, if necessary, overhaul the governance of OLAF including its supervisory arrangements. However, the Court suggested not to wait for this overall evaluation to clarify the procedure for lifting the immunity of the Director-General of OLAF or of any other member of OLAF staff at the request of a national judicial authority .

The Court therefore recommended that Article 17 of the OLAF Regulation should be completed by a provision that the Commission has to inform the Supervisory Committee of any such request in a timely manner and has to consult the Committee before taking a decision.

2016/04/04
   EP - GRÄSSLE Ingeborg (PPE) appointed as rapporteur in CONT
2016/03/10
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/03/04
   EC - Legislative proposal published
Details

PURPOSE: to amend Regulation (EU, EURATOM) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: in accordance with the new OLAF Regulation ( Regulation 883/2013 ), the Supervisory Committee of the European Anti-Fraud Office is tasked with regularly monitoring the implementation by the Office of its investigative function, in order to reinforce its independence, and in particular to monitor developments concerning the application of procedural guarantees and the duration of investigations in the light of the information supplied by the Director General.

However, in the recent past some concerns have been voiced about possible conflicts of interest and calls have been made for a strengthened legal independence as regards the management of the Committee's budget and secretariat. Thus, in its Annual Activity Reports of 2013 and 2014 , the Supervisory Committee underlined the importance of its independent and effective functioning which requires an independent and adequately staffed secretariat.

The European Parliament called several times on the Commission to take measures to reinforce the independent functioning of OLAF's Supervisory Committee secretariat, such as in its report on the discharge procedure for 20134 or in its resolution on the OLAF Supervisory Committee's annual report 2014.

On 18 December 2015, the Commission adopted an amendment to its Decision 1999/352 in order to move the responsibility for the implementation of the budgetary appropriations for the Members from the Director-General of OLAF to the Commission. The Commission subsequently delegated this responsibility to the Director of its Payments Office (PMO). This decision applied as from 1 January 2016.

The framework for the implementation of the budgetary appropriations relating to the Members of the Supervisory Committee should be set up in a way which avoids any appearance of a possible interference of the Office in their duties . The secretariat of the Supervisory Committee should be provided directly by the Commission, independently from the Office. The Commission should refrain from interfering with the functions of the Supervisory Committee.

CONTENT: in order to separate the management of the Committee's secretariat from the management of the Office and to avoid any impression that OLAF can impair the functioning of the support to the Committee's Members, the Commission proposes to modify Regulation 883/2013 to foresee that the secretariat of the Supervisory Committee will be provided directly by the Commission, and no longer by OLAF .

Lastly, the proposal seeks to amend the wording of Regulation so that the competence of OLAF's Data Protection Officer (DPO) will continue to cover the processing of data by the secretariat. Also, the secretariat's staff will continue to be subject to the same confidentiality rules as before.

BUDGETARY IMPLICATIONS: the proposed Regulation will not require any new human or administrative resources and will have no financial impact. It will only transfer the management of the budgetary appropriations concerning the secretariat of OLAF's Supervisory Committee within the Commission.

Documents

Activities

Votes

A8-0188/2016 - Ingeborg Gräßle - Résolution législative

2016/07/06 Outcome: +: 670, -: 34, 0: 6
DE IT FR PL ES RO GB HU PT NL BE AT EL BG CZ FI DK SE SK LT IE HR LV SI LU EE MT CY
Total
91
71
72
48
51
29
65
21
20
25
19
18
20
17
21
13
13
14
12
11
10
9
8
8
6
6
6
5
icon: PPE PPE
205

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
180

Netherlands S&D

3

Bulgaria S&D

Abstain (1)

4

Ireland S&D

For (1)

1

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Cyprus S&D

For (1)

1
icon: ALDE ALDE
67

Romania ALDE

3

United Kingdom ALDE

1

Austria ALDE

For (1)

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Croatia ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: ECR ECR
65

Italy ECR

2

Romania ECR

For (1)

1

Netherlands ECR

2

Greece ECR

For (1)

1

Bulgaria ECR

2

Czechia ECR

2
2

Slovakia ECR

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
47

United Kingdom Verts/ALE

5

Hungary Verts/ALE

2

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Sweden Verts/ALE

2

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
52

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Sweden GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: ENF ENF
34

Poland ENF

1

Romania ENF

1

United Kingdom ENF

Against (1)

1

Netherlands ENF

3

Belgium ENF

For (1)

1
icon: NI NI
16

Germany NI

For (1)

Against (1)

2

Italy NI

For (1)

1

Poland NI

1

United Kingdom NI

For (1)

1
icon: EFDD EFDD
43

Germany EFDD

Against (1)

1

France EFDD

Against (1)

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

Against (1)

1

Lithuania EFDD

For (1)

1

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2016-03-10T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: AYALA SENDER Inés group: ECR name: CZARNECKI Ryszard group: ALDE name: DLABAJOVÁ Martina group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: STAES Bart group: EFD name: VALLI Marco group: ENF name: ALIOT Louis responsible: True committee: CONT date: 2016-04-04T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • date: 2016-05-24T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
  • date: 2016-05-24T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: S&D name: AYALA SENDER Inés group: ECR name: CZARNECKI Ryszard group: ALDE name: DLABAJOVÁ Martina group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: STAES Bart group: EFD name: VALLI Marco group: ENF name: ALIOT Louis responsible: True committee: CONT date: 2016-04-04T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0188&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0188/2016 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: S&D name: AYALA SENDER Inés group: ECR name: CZARNECKI Ryszard group: ALDE name: DLABAJOVÁ Martina group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: STAES Bart group: EFD name: VALLI Marco group: ENF name: ALIOT Louis responsible: True committee: CONT date: 2016-04-04T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg body: EP responsible: False committee_full: Legal Affairs committee: JURI date: 2016-05-27T00:00:00
  • date: 2016-07-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160705&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2016-07-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27287&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0308 type: Decision by Parliament, 1st reading/single reading title: T8-0308/2016 body: EP type: Results of vote in Parliament
  • date: 2016-10-19T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2016-10-26T00:00:00 body: CSL type: Final act signed
  • date: 2016-10-26T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2016-11-23T00:00:00 type: Final act published in Official Journal
commission
  • body: EC dg: Budget commissioner: GEORGIEVA Kristalina
committees/0
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CONT
date
2016-04-04T00:00:00
rapporteur
name: GRÄSSLE Ingeborg group: Group of European People's Party abbr: EPP
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CONT
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2016-04-04T00:00:00
committee_full
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committees/1
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docs
  • date: 2016-04-05T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2016:150:TOC title: OJ C 150 27.04.2016, p. 0001 title: N8-0028/2016 summary: COURT OF AUDITORS OPINION No 1/2016 concerning a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF). The Court welcomed the proposal that the secretariat of the Supervisory Committee should no longer be provided by OLAF. However, the new provisions could be completed in order to clarify that the secretariat must act independently not only of OLAF but also of the Commission and that it is under the authority of the Supervisory Committee . The Court noted that the upcoming overall evaluation of the OLAF Regulation in 2017 will be an opportunity to examine and, if necessary, overhaul the governance of OLAF including its supervisory arrangements. However, the Court suggested not to wait for this overall evaluation to clarify the procedure for lifting the immunity of the Director-General of OLAF or of any other member of OLAF staff at the request of a national judicial authority . The Court therefore recommended that Article 17 of the OLAF Regulation should be completed by a provision that the Commission has to inform the Supervisory Committee of any such request in a timely manner and has to consult the Committee before taking a decision. type: Court of Auditors: opinion, report body: CofA
  • date: 2016-04-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE580.677 title: PE580.677 type: Committee draft report body: EP
  • date: 2016-06-10T00:00:00 docs: title: GEDA/T/(2016)007407 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2016-10-12T00:00:00 docs: url: /oeil/spdoc.do?i=27287&j=0&l=en title: SP(2016)657 type: Commission response to text adopted in plenary
  • date: 2016-10-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00025/2016/LEX type: Draft final act body: CSL
events
  • date: 2016-03-04T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0113/COM_COM(2016)0113_EN.pdf title: COM(2016)0113 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0113 title: EUR-Lex summary: PURPOSE: to amend Regulation (EU, EURATOM) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF). PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: in accordance with the new OLAF Regulation ( Regulation 883/2013 ), the Supervisory Committee of the European Anti-Fraud Office is tasked with regularly monitoring the implementation by the Office of its investigative function, in order to reinforce its independence, and in particular to monitor developments concerning the application of procedural guarantees and the duration of investigations in the light of the information supplied by the Director General. However, in the recent past some concerns have been voiced about possible conflicts of interest and calls have been made for a strengthened legal independence as regards the management of the Committee's budget and secretariat. Thus, in its Annual Activity Reports of 2013 and 2014 , the Supervisory Committee underlined the importance of its independent and effective functioning which requires an independent and adequately staffed secretariat. The European Parliament called several times on the Commission to take measures to reinforce the independent functioning of OLAF's Supervisory Committee secretariat, such as in its report on the discharge procedure for 20134 or in its resolution on the OLAF Supervisory Committee's annual report 2014. On 18 December 2015, the Commission adopted an amendment to its Decision 1999/352 in order to move the responsibility for the implementation of the budgetary appropriations for the Members from the Director-General of OLAF to the Commission. The Commission subsequently delegated this responsibility to the Director of its Payments Office (PMO). This decision applied as from 1 January 2016. The framework for the implementation of the budgetary appropriations relating to the Members of the Supervisory Committee should be set up in a way which avoids any appearance of a possible interference of the Office in their duties . The secretariat of the Supervisory Committee should be provided directly by the Commission, independently from the Office. The Commission should refrain from interfering with the functions of the Supervisory Committee. CONTENT: in order to separate the management of the Committee's secretariat from the management of the Office and to avoid any impression that OLAF can impair the functioning of the support to the Committee's Members, the Commission proposes to modify Regulation 883/2013 to foresee that the secretariat of the Supervisory Committee will be provided directly by the Commission, and no longer by OLAF . Lastly, the proposal seeks to amend the wording of Regulation so that the competence of OLAF's Data Protection Officer (DPO) will continue to cover the processing of data by the secretariat. Also, the secretariat's staff will continue to be subject to the same confidentiality rules as before. BUDGETARY IMPLICATIONS: the proposed Regulation will not require any new human or administrative resources and will have no financial impact. It will only transfer the management of the budgetary appropriations concerning the secretariat of OLAF's Supervisory Committee within the Commission.
  • date: 2016-03-10T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-05-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-05-24T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2016-05-27T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0188&language=EN title: A8-0188/2016 summary: The Committee on Budgetary Control adopted the report by Ingeborg GRÄSSLE (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF). The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should adopt its position at first reading, taking over the Commission proposal . To recall, the proposal aims to strengthen the independence of the OLAF Supervisory Committee’s Secretariat, thus providing for a more effective functioning of the Supervisory Committee. In the past the European Parliament called several times on the Commission to take measures to reinforce the independent functioning of the OLAF Supervisory Committee’s secretariat, for example in its report on the discharge procedure for 2013 or in its resolution on the OLAF Supervisory Committee's annual report 2014. Under the new proposed Regulation, the secretariat of the Supervisory Committee will be provided by the Commission, and no longer by OLAF.
  • date: 2016-06-14T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: title: GEDA/T/(2016)007407
  • date: 2016-07-05T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160705&type=CRE title: Debate in Parliament
  • date: 2016-07-06T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27287&l=en title: Results of vote in Parliament
  • date: 2016-07-06T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0308 title: T8-0308/2016 summary: The European Parliament adopted by 670 vote to 34, with 6 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF). To recall, the proposal aims to strengthen the independence of the OLAF Supervisory Committee’s Secretariat, thus providing for a more effective functioning of the Supervisory Committee. Under the new proposed Regulation, the secretariat of the Supervisory Committee will be provided by the Commission, and no longer by OLAF. The European Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission as follows: Confidentiality and data protection : Parliament stated that the staff of the Office and the staff of the secretariat of the Supervisory Committee shall refrain from any unauthorised disclosure of information received in the exercise of their functions, unless that information has already been lawfully made public or is accessible to the public. Moreover, the members of the Supervisory Committee shall be bound by the same obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate. Guarantee the independence of the Supervisory Committee : before the appointment of any staff to the secretariat, the Supervisory Committee shall be consulted and its views shall be taken into account. The secretariat shall act on the instructions of the Supervisory Committee and independently from the Commission. Without prejudice to its control over the budget of the Supervisory Committee and its secretariat, the Commission shall not interfere with the monitoring functions of the Supervisory Committee . An amendment also stipulated that officials assigned to the secretariat of the Supervisory Committee shall neither seek nor take instructions from any government or any institution, body, office or agency relating to the exercise of the monitoring functions of the Supervisory Committee. Parliament took note of the Commission statement annexed to the resolution in which the Commission is committed to ensure the independent functioning of the Secretariat of the OLAF Supervisory Committee. This attachment will be of a purely administrative nature, with a view to facilitating certain organisational and budgetary aspects. The Commission will consider, after consulting the Supervisory Committee, putting in place appropriate internal rules on mobility limiting the duration of the postings of the Secretariat, while ensuring continuity in order to render their independence effective, and avoid risks of conflicts of interests or of revolving doors issues with OLAF.
  • date: 2016-10-19T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-10-26T00:00:00 type: Final act signed body: CSL
  • date: 2016-10-26T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-11-23T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend Regulation (EU, EURATOM) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF). LEGISLATIVE ACT: Regulation (EU, Euratom) 2016/2030 of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF). CONTENT: in accordance with Regulation 883/2013 , the Supervisory Committee of the European Anti-Fraud Office is tasked with regularly monitoring the implementation by the Office of its investigative function, in order to reinforce its independence. This Regulation amends Regulation (EU, Euratom) No 883/2013 so as to enable the framework for the implementation of the budgetary appropriations relating to the members of the Supervisory Committee to be set up in a way that avoids any appearance of a possible interference of the Office in their duties, while guaranteeing the same transparency of the appropriations for the operation of the Supervisory Committee as before. In order to ensure that the Supervisory Committee functions effectively and efficiently, its secretariat should be provided directly by the Commission, independently from the Office , and the Commission should provide the secretariat with appropriate means to fulfil its function. In order to safeguard the Supervisory Committee's independence, the Commission should refrain from interfering with the monitoring functions of the Supervisory Committee. The staff of the Office and the staff of the secretariat of the Supervisory Committee shall refrain from any unauthorised disclosure of information received in the exercise of their functions, unless that information has already been lawfully made public or is accessible to the public, and shall continue to be bound by that obligation after leaving the service. The members of the Supervisory Committee shall be bound by the same obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate. ENTRY INTO FORCE: 24.11.2016. APPLICATION: from 1.1.2017. docs: title: Regulation 2016/2030 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R2030 title: OJ L 317 23.11.2016, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:317:TOC
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European Anti-Fraud Office (OLAF): secretariat of the Supervisory Committee
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  • The European Parliament adopted by 670 vote to 34, with 6 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

    To recall, the proposal aims to strengthen the independence of the OLAF Supervisory Committee’s Secretariat, thus providing for a more effective functioning of the Supervisory Committee.

    Under the new proposed Regulation, the secretariat of the Supervisory Committee will be provided by the Commission, and no longer by OLAF.

    The European Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission as follows:

    Confidentiality and data protection: Parliament stated that the staff of the Office and the staff of the secretariat of the Supervisory Committee shall refrain from any unauthorised disclosure of information received in the exercise of their functions, unless that information has already been lawfully made public or is accessible to the public.

    Moreover, the members of the Supervisory Committee shall be bound by the same obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate.

    Guarantee the independence of the Supervisory Committee: before the appointment of any staff to the secretariat, the Supervisory Committee shall be consulted and its views shall be taken into account. The secretariat shall act on the instructions of the Supervisory Committee and independently from the Commission. Without prejudice to its control over the budget of the Supervisory Committee and its secretariat, the Commission shall not interfere with the monitoring functions of the Supervisory Committee.

    An amendment also stipulated that officials assigned to the secretariat of the Supervisory Committee shall neither seek nor take instructions from any government or any institution, body, office or agency relating to the exercise of the monitoring functions of the Supervisory Committee.

    Parliament took note of the Commission statement annexed to the resolution in which the Commission is committed to ensure the independent functioning of the Secretariat of the OLAF Supervisory Committee. This attachment will be of a purely administrative nature, with a view to facilitating certain organisational and budgetary aspects.

    The Commission will consider, after consulting the Supervisory Committee, putting in place appropriate internal rules on mobility limiting the duration of the postings of the Secretariat, while ensuring continuity in order to render their independence effective, and avoid risks of conflicts of interests or of revolving doors issues with OLAF.

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  • The Committee on Budgetary Control adopted the report by Ingeborg GRÄSSLE (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

    The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should adopt its position at first reading, taking over the Commission proposal.

    To recall, the proposal aims to strengthen the independence of the OLAF Supervisory Committee’s Secretariat, thus providing for a more effective functioning of the Supervisory Committee.

    In the past the European Parliament called several times on the Commission to take measures to reinforce the independent functioning of the OLAF Supervisory Committee’s secretariat, for example in its report on the discharge procedure for 2013 or in its resolution on the OLAF Supervisory Committee's annual report 2014.

    Under the new proposed Regulation, the secretariat of the Supervisory Committee will be provided by the Commission, and no longer by OLAF.

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  • group: ALDE name: DLABAJOVÁ Martina
  • group: GUE/NGL name: DE JONG Dennis
  • group: Verts/ALE name: STAES Bart
  • group: EFD name: VALLI Marco
  • group: ENF name: ALIOT Louis
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  • group: ENF name: ALIOT Louis
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  • body: EP responsible: True committee: CONT date: 2016-04-04T00:00:00 committee_full: Budgetary Control rapporteur: group: EPP name: GRÄSSLE Ingeborg
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
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  • PURPOSE: to amend Regulation (EU, EURATOM) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF).

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: in accordance with the new OLAF Regulation (Regulation 883/2013), the Supervisory Committee of the European Anti-Fraud Office is tasked with regularly monitoring the implementation by the Office of its investigative function, in order to reinforce its independence, and in particular to monitor developments concerning the application of procedural guarantees and the duration of investigations in the light of the information supplied by the Director General.

    However, in the recent past some concerns have been voiced about possible conflicts of interest and calls have been made for a strengthened legal independence as regards the management of the Committee's budget and secretariat. Thus, in its Annual Activity Reports of 2013 and 2014, the Supervisory Committee underlined the importance of its independent and effective functioning which requires an independent and adequately staffed secretariat.

    The European Parliament called several times on the Commission to take measures to reinforce the independent functioning of OLAF's Supervisory Committee secretariat, such as in its report on the discharge procedure for 20134 or in its resolution on the OLAF Supervisory Committee's annual report 2014.

    On 18 December 2015, the Commission adopted an amendment to its Decision 1999/352 in order to move the responsibility for the implementation of the budgetary appropriations for the Members from the Director-General of OLAF to the Commission. The Commission subsequently delegated this responsibility to the Director of its Payments Office (PMO). This decision applied as from 1 January 2016. 

    The framework for the implementation of the budgetary appropriations relating to the Members of the Supervisory Committee should be set up in a way which avoids any appearance of a possible interference of the Office in their duties. The secretariat of the Supervisory Committee should be provided directly by the Commission, independently from the Office. The Commission should refrain from interfering with the functions of the Supervisory Committee.

    CONTENT: in order to separate the management of the Committee's secretariat from the management of the Office and to avoid any impression that OLAF can impair the functioning of the support to the Committee's Members, the Commission proposes to modify Regulation 883/2013 to foresee that the secretariat of the Supervisory Committee will be provided directly by the Commission, and no longer by OLAF.

    Lastly, the proposal seeks to amend the wording of Regulation so that the competence of OLAF's Data Protection Officer (DPO) will continue to cover the processing of data by the secretariat. Also, the secretariat's staff will continue to be subject to the same confidentiality rules as before.

    BUDGETARY IMPLICATIONS: the proposed Regulation will not require any new human or administrative resources and will have no financial impact. It will only transfer the management of the budgetary appropriations concerning the secretariat of OLAF's Supervisory Committee within the Commission.

activities
  • date: 2016-03-04T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0113/COM_COM(2016)0113_EN.pdf celexid: CELEX:52016PC0113:EN type: Legislative proposal published title: COM(2016)0113 body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/budget/ title: Budget Commissioner: GEORGIEVA Kristalina
  • date: 2016-03-10T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee_full: Budgetary Control committee: CONT body: EP responsible: False committee_full: Legal Affairs committee: JURI
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  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
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Amending Regulation (EU, Euratom) No 883/2013
subtype
Legislation
title
European Anti-Fraud Office (OLAF): secretariat of the Supervisory Committee
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject
8.70.04 Protecting financial interests of the EU against fraud