Regulation (EU, Euratom) 2020/2223

Ce que fait l'acte

to propose new rules to facilitate cooperation between the European Anti-Fraud Office (OLAF) and the European Public Prosecutor's Office. 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: with the adoption of Directive (EU) 2017/1371 of the European Parliament and of the Council and Council Regulation (EU) 2017/1939 , the Union has substantially strengthened the means available to protect the financial interests of the Union by means of criminal law. 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 concerning investigations conducted by the European Anti-Fraud Office (OLAF) as regards cooperation with the European Public Prosecutor's Office and the effectiveness of OLAF investigations. As a reminder, the proposed amendment to Regulation No 883/2013 is a consequence of the adoption of the European Public Prosecutor's Office and aims to ensure consistency in the legal framework for the protection of the Union's financial interests. It seeks to adapt the operation of OLAF to the establishment of the EPPO and enhance the effectiveness of OLAF’s investigative function. The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows: recall that the European Public Prosecutor's Office will generally be responsible for criminal cases and will carry out administrative investigations to combat fraud, corruption and any other illegal activity or irregularity affecting the Union's financial interests; abolish the distinction between external and internal investigations, which has become obsolete, in particular with the new focus of OLAF on administrative irregularities and recovery ; the right of OLAF to have access without notice and without delay, where necessary to establish whether there has been fraud, corruption or any other illegal activity or irregularity affecting the financial interests of the Union, to all relevant information and data relating to the subject matter of the investigation, regardless of the type of medium on which they are stored; possibility for OLAF to request from economic operators duly documented information processed in accordance with the regular standards of confidentiality and data protection. Economic operators should cooperate with the Office; remove priorities from the investigation policy and provide that the evaluation period preceding the decision to open an investigation may not exceed two months. If the informant who provided the underlying information is known, he or she shall be kept informed as appropriate; obligation on the Director-General to send the relevant information to the institution, body, office or agency concerned without delay if he decides not to open an investigation within the institutions despite sufficient suspicion…