{"change_dates":[],"dossier":{"amendments":[],"changes":{"2016-03-15T02:32:37":[{"data":[{"body":"EC","commission":[{"Commissioner":"GEORGIEVA Kristalina","DG":{"title":"Budget","url":"http://ec.europa.eu/dgs/budget/"}}],"date":"2016-03-04T00:00:00","docs":[{"celexid":"CELEX:52016PC0113:EN","title":"COM(2016)0113","type":"Legislative proposal published","url":"http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0113/COM_COM(2016)0113_EN.pdf"}],"type":"Legislative proposal published"},{"body":"EP","committees":[{"body":"EP","committee":"CONT","committee_full":"Budgetary Control","responsible":true},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","responsible":false}],"date":"2016-03-10T00:00:00","type":"Committee referral announced in Parliament, 1st reading/single reading"}],"path":["activities"],"type":"added"},{"data":[{"body":"EC","commissioner":"GEORGIEVA Kristalina","dg":{"title":"Budget","url":"http://ec.europa.eu/dgs/budget/"}}],"path":["other"],"type":"added"},{"data":[{"body":"EP","committee":"CONT","committee_full":"Budgetary Control","responsible":true},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","responsible":false}],"path":["committees"],"type":"added"},{"data":{},"path":["links"],"type":"added"},{"data":{"Mandatory consultation of other institutions":"European Court of Auditors","dossier_of_the_committee":"CONT/8/05965","instrument":"Regulation","legal_basis":["Euratom Treaty A 106-pa","Treaty on the Functioning of the EU TFEU 325-p4"],"reference":"2016/0064(COD)","stage_reached":"Awaiting committee decision","subject":["8.70.04 Protecting financial interests of the EU against fraud"],"subtype":"Legislation","summary":["Amending Regulation (EU, Euratom) No 883/2013"],"title":"European Anti-Fraud Office (OLAF): secretariat\u00a0of the Supervisory Committee","type":"COD - Ordinary legislative procedure (ex-codecision procedure)"},"path":["procedure"],"type":"added"}],"2016-03-30T02:36:36":[{"data":["
PURPOSE: to amend Regulation (EU, EURATOM) No\n883/2013, as regards the secretariat of the Supervisory Committee\nof the European Anti-Fraud Office (OLAF).
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: in accordance with the new OLAF Regulation\n(Regulation\n883/2013), the Supervisory Committee of the European\nAnti-Fraud Office is tasked with regularly monitoring the\nimplementation by the Office of its investigative function, in\norder to reinforce its independence, and in particular to monitor\ndevelopments concerning the application of procedural guarantees\nand the duration of investigations in the light of the information\nsupplied by the Director General.
\nHowever, in the recent past some concerns have been\nvoiced about possible conflicts of interest and calls have\nbeen made for a strengthened legal independence as regards the\nmanagement of the Committee's budget and secretariat. Thus, in its\nAnnual\nActivity Reports of 2013 and 2014, the Supervisory Committee\nunderlined the importance of its independent and effective\nfunctioning which requires an independent and adequately staffed\nsecretariat.
\nThe European Parliament called several times on the\nCommission to take measures to reinforce the independent\nfunctioning of OLAF's Supervisory Committee secretariat, such as in\nits report\non the discharge procedure for 20134 or in its resolution\non the OLAF Supervisory Committee's annual report 2014.
\nOn 18 December 2015, the Commission adopted an amendment\nto its Decision 1999/352 in order to move the responsibility\nfor the implementation of the budgetary appropriations for the\nMembers from the Director-General of OLAF to the Commission. The\nCommission subsequently delegated this responsibility to the\nDirector of its Payments Office (PMO). This decision applied\nas from 1 January 2016.
\nThe framework for the implementation of the budgetary\nappropriations relating to the Members of the Supervisory Committee\nshould be set up in a way which avoids any appearance of a\npossible interference of the Office in their duties. The\nsecretariat of the Supervisory Committee should be provided\ndirectly by the Commission, independently from the Office. The\nCommission should refrain from interfering with the functions of\nthe Supervisory Committee.
\nCONTENT: in order to separate the management of the\nCommittee's secretariat from the management of the Office and to\navoid any impression that OLAF can impair the functioning of the\nsupport to the Committee's Members, the Commission proposes to\nmodify Regulation 883/2013 to foresee that the secretariat of\nthe Supervisory Committee will be provided directly by the\nCommission, and no longer by OLAF.
\nLastly, the proposal seeks to amend the wording of\nRegulation so that the competence of OLAF's Data Protection\nOfficer (DPO) will continue to cover the processing of data by\nthe secretariat. Also, the secretariat's staff will continue to be\nsubject to the same confidentiality rules as\nbefore.
\nBUDGETARY IMPLICATIONS: the proposed Regulation will\nnot require any new human or administrative resources and will have\nno financial impact. It will only transfer the management of the\nbudgetary appropriations concerning the secretariat of OLAF's\nSupervisory Committee within the Commission.
\nThe Committee on\nBudgetary Control adopted the report by Ingeborg GRÄSSLE (EPP,\nDE) on the proposal for a regulation of the European Parliament and\nof the Council amending Regulation (EU, Euratom) No 883/2013, as\nregards the secretariat of the Supervisory Committee of the\nEuropean Anti-Fraud Office (OLAF).
\nThe committee recommended that the European\nParliaments position adopted at first reading following the\nordinary legislative procedure should adopt its position at first\nreading, taking over the Commission proposal.
\nTo recall, the proposal aims to strengthen the\nindependence of the OLAF Supervisory Committees Secretariat,\nthus providing for a more effective functioning of the Supervisory\nCommittee.
\nIn the past the European Parliament called several\ntimes on the Commission to take measures to reinforce the\nindependent functioning of the OLAF Supervisory Committees\nsecretariat, for example in its report\non the discharge procedure for 2013 or in its resolution\non the OLAF Supervisory Committee's annual report 2014.
\nUnder the new proposed Regulation, the secretariat of\nthe Supervisory Committee will be provided by the Commission, and\nno longer by OLAF.
\nThe European Parliament adopted by 670 vote to 34,\nwith 6 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council amending\nRegulation (EU, Euratom) No 883/2013, as regards the secretariat of\nthe Supervisory Committee of the European Anti-Fraud Office\n(OLAF).
\nTo recall, the proposal aims to strengthen the\nindependence of the OLAF Supervisory Committees Secretariat,\nthus providing for a more effective functioning of the Supervisory\nCommittee.
\nUnder the new proposed Regulation, the secretariat of\nthe Supervisory Committee will be provided by the Commission, and\nno longer by OLAF.
\nThe European Parliaments position, adopted at\nfirst reading under the ordinary legislative procedure, amended the\nCommission as follows:
\nConfidentiality and data protection: Parliament stated that the staff of the Office and\nthe staff of the secretariat of the Supervisory Committee shall\nrefrain from any unauthorised disclosure of information received in\nthe exercise of their functions, unless that information has\nalready been lawfully made public or is accessible to the\npublic.
\nMoreover, the members of the Supervisory Committee\nshall be bound by the same obligation of professional secrecy\nin the exercise of their functions, and shall continue to be bound\nby that obligation after the end of their mandate.
\nGuarantee the independence of the Supervisory\nCommittee: before the appointment of\nany staff to the secretariat, the Supervisory Committee shall be\nconsulted and its views shall be taken into account. The\nsecretariat shall act on the instructions of the Supervisory\nCommittee and independently from the Commission. Without prejudice\nto its control over the budget of the Supervisory Committee and its\nsecretariat, the Commission shall not interfere with the\nmonitoring functions of the Supervisory Committee.
\nAn amendment also stipulated that officials assigned\nto the secretariat of the Supervisory Committee shall neither seek\nnor take instructions from any government or any institution, body,\noffice or agency relating to the exercise of the monitoring\nfunctions of the Supervisory Committee.
\nParliament took note of the Commission\nstatement annexed to the resolution in which the Commission is\ncommitted to ensure the independent functioning of the Secretariat\nof the OLAF Supervisory Committee. This attachment will be of a\npurely administrative nature, with a view to facilitating certain\norganisational and budgetary aspects.
\nThe Commission will consider, after consulting the\nSupervisory Committee, putting in place appropriate internal rules\non mobility limiting the duration of the postings of the\nSecretariat, while ensuring continuity in order to render their\nindependence effective, and avoid risks of conflicts of interests\nor of revolving doors issues with OLAF.
\nPURPOSE: to amend Regulation (EU, EURATOM) No\n883/2013, as regards the secretariat of the Supervisory Committee\nof the European Anti-Fraud Office (OLAF).
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: in accordance with the new OLAF Regulation\n(Regulation\n883/2013), the Supervisory Committee of the European\nAnti-Fraud Office is tasked with regularly monitoring the\nimplementation by the Office of its investigative function, in\norder to reinforce its independence, and in particular to monitor\ndevelopments concerning the application of procedural guarantees\nand the duration of investigations in the light of the information\nsupplied by the Director General.
\nHowever, in the recent past some concerns have been\nvoiced about possible conflicts of interest and calls have\nbeen made for a strengthened legal independence as regards the\nmanagement of the Committee's budget and secretariat. Thus, in its\nAnnual\nActivity Reports of 2013 and 2014, the Supervisory Committee\nunderlined the importance of its independent and effective\nfunctioning which requires an independent and adequately staffed\nsecretariat.
\nThe European Parliament called several times on the\nCommission to take measures to reinforce the independent\nfunctioning of OLAF's Supervisory Committee secretariat, such as in\nits report\non the discharge procedure for 20134 or in its resolution\non the OLAF Supervisory Committee's annual report 2014.
\nOn 18 December 2015, the Commission adopted an amendment\nto its Decision 1999/352 in order to move the responsibility\nfor the implementation of the budgetary appropriations for the\nMembers from the Director-General of OLAF to the Commission. The\nCommission subsequently delegated this responsibility to the\nDirector of its Payments Office (PMO). This decision applied\nas from 1 January 2016.
\nThe framework for the implementation of the budgetary\nappropriations relating to the Members of the Supervisory Committee\nshould be set up in a way which avoids any appearance of a\npossible interference of the Office in their duties. The\nsecretariat of the Supervisory Committee should be provided\ndirectly by the Commission, independently from the Office. The\nCommission should refrain from interfering with the functions of\nthe Supervisory Committee.
\nCONTENT: in order to separate the management of the\nCommittee's secretariat from the management of the Office and to\navoid any impression that OLAF can impair the functioning of the\nsupport to the Committee's Members, the Commission proposes to\nmodify Regulation 883/2013 to foresee that the secretariat of\nthe Supervisory Committee will be provided directly by the\nCommission, and no longer by OLAF.
\nLastly, the proposal seeks to amend the wording of\nRegulation so that the competence of OLAF's Data Protection\nOfficer (DPO) will continue to cover the processing of data by\nthe secretariat. Also, the secretariat's staff will continue to be\nsubject to the same confidentiality rules as\nbefore.
\nBUDGETARY IMPLICATIONS: the proposed Regulation will\nnot require any new human or administrative resources and will have\nno financial impact. It will only transfer the management of the\nbudgetary appropriations concerning the secretariat of OLAF's\nSupervisory Committee within the Commission.
\nThe Committee on\nBudgetary Control adopted the report by Ingeborg GRÄSSLE (EPP,\nDE) on the proposal for a regulation of the European Parliament and\nof the Council amending Regulation (EU, Euratom) No 883/2013, as\nregards the secretariat of the Supervisory Committee of the\nEuropean Anti-Fraud Office (OLAF).
\nThe committee recommended that the European\nParliaments position adopted at first reading following the\nordinary legislative procedure should adopt its position at first\nreading, taking over the Commission proposal.
\nTo recall, the proposal aims to strengthen the\nindependence of the OLAF Supervisory Committees Secretariat,\nthus providing for a more effective functioning of the Supervisory\nCommittee.
\nIn the past the European Parliament called several\ntimes on the Commission to take measures to reinforce the\nindependent functioning of the OLAF Supervisory Committees\nsecretariat, for example in its report\non the discharge procedure for 2013 or in its resolution\non the OLAF Supervisory Committee's annual report 2014.
\nUnder the new proposed Regulation, the secretariat of\nthe Supervisory Committee will be provided by the Commission, and\nno longer by OLAF.
\nThe European Parliament adopted by 670 vote to 34,\nwith 6 abstentions, a legislative resolution on the proposal for a\nregulation of the European Parliament and of the Council amending\nRegulation (EU, Euratom) No 883/2013, as regards the secretariat of\nthe Supervisory Committee of the European Anti-Fraud Office\n(OLAF).
\nTo recall, the proposal aims to strengthen the\nindependence of the OLAF Supervisory Committees Secretariat,\nthus providing for a more effective functioning of the Supervisory\nCommittee.
\nUnder the new proposed Regulation, the secretariat of\nthe Supervisory Committee will be provided by the Commission, and\nno longer by OLAF.
\nThe European Parliaments position, adopted at\nfirst reading under the ordinary legislative procedure, amended the\nCommission as follows:
\nConfidentiality and data protection: Parliament stated that the staff of the Office and\nthe staff of the secretariat of the Supervisory Committee shall\nrefrain from any unauthorised disclosure of information received in\nthe exercise of their functions, unless that information has\nalready been lawfully made public or is accessible to the\npublic.
\nMoreover, the members of the Supervisory Committee\nshall be bound by the same obligation of professional secrecy\nin the exercise of their functions, and shall continue to be bound\nby that obligation after the end of their mandate.
\nGuarantee the independence of the Supervisory\nCommittee: before the appointment of\nany staff to the secretariat, the Supervisory Committee shall be\nconsulted and its views shall be taken into account. The\nsecretariat shall act on the instructions of the Supervisory\nCommittee and independently from the Commission. Without prejudice\nto its control over the budget of the Supervisory Committee and its\nsecretariat, the Commission shall not interfere with the\nmonitoring functions of the Supervisory Committee.
\nAn amendment also stipulated that officials assigned\nto the secretariat of the Supervisory Committee shall neither seek\nnor take instructions from any government or any institution, body,\noffice or agency relating to the exercise of the monitoring\nfunctions of the Supervisory Committee.
\nParliament took note of the Commission\nstatement annexed to the resolution in which the Commission is\ncommitted to ensure the independent functioning of the Secretariat\nof the OLAF Supervisory Committee. This attachment will be of a\npurely administrative nature, with a view to facilitating certain\norganisational and budgetary aspects.
\nThe Commission will consider, after consulting the\nSupervisory Committee, putting in place appropriate internal rules\non mobility limiting the duration of the postings of the\nSecretariat, while ensuring continuity in order to render their\nindependence effective, and avoid risks of conflicts of interests\nor of revolving doors issues with OLAF.
\n