Procedure : 2006/0084(COD)
Document stages in plenary
Document selected : A7-0225/2013

Texts tabled :

A7-0225/2013

Debates :

PV 02/07/2013 - 21
CRE 02/07/2013 - 21

Votes :

PV 03/07/2013 - 8.1
CRE 03/07/2013 - 8.1

Texts adopted :

P7_TA(2013)0308

RECOMMENDATION FOR SECOND READING     ***II
PDF 163kWORD 91k
19 June 2013
PE 508.011v02-00 A7-0225/2013

on the position of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999

(17427/1/2012 – C7-0051/2013– 2006/0084(COD))

Committee on Budgetary Control

Rapporteur: Ingeborg Gräßle

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 ANNEX TO THE LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the position of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999

(17427/1/2012 – C7-0051/2013 – 2006/0084(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

-    having regard to the Council position at first reading (17427/1/2012 –C7-0051/2013),

–    having regard to the opinion of the Court of Auditors of 12 July 2011(1),

-    having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2006)0244),

–    having regard to the amended Commission proposal (COM(2011)0135),

-    having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

-    having regard to Rule 72 of its Rules of Procedure,

-    having regard to the recommendation for second reading of the Committee on Budgetary Control (A7-0225/2013),

1.   Approves the Council position at first reading;

2.   Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution;

3.   Takes note of the Commission statements annexed to this resolution;

4.   Notes that the act is adopted in accordance with the Council position;

5.   Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

6.   Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

7.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1)

OJ C 254, 30.8.2011, p. 1.

(2)

OJ C 16 E, 22.1.2010, p. 201.


ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament, the Council and the Commission

"Each time the European Parliament, the Council and the Commission appoint new members of the new Supervisory Committee they should also appoint those members to take office at the next partial replacement."

Commission statement

"The Commission confirms that the Office has declared that it will at all times act in compliance with the Protocol No 7 on the Privileges and Immunities of the European Union and the Statute for Members of the European Parliament, fully respecting the freedom and independence of Members as provided for in Article 2 of the Statute."

Commission statement

"The Commission intends to maintain the current powers of the Director-General of the European Anti-fraud Office to lay down the conditions and detailed arrangements for recruiting at the Office, in particular as to the length of contracts and their renewals."


EXPLANATORY STATEMENT

Objective of the Commission proposal

1.   The amended proposal of the Commission for amending Regulation (EC) 1073/1999 concerning investigations conducted by OLAF focuses on strengthening the procedural rights of the persons concerned by OLAF investigations and on enhancing the efficiency of the OLAF's investigations, as well as on improving the cooperation with its partners (EU institutions and bodies, Member States, international organisations). The proposal also aims at clarifying the role of the OLAF Supervisory Committee and establishing an exchange of views with the institutions at political level to discuss OLAF’s policy priorities;

Additional remarks concerning recent events related to OLAF’s investigative activities

The rapporteur,

2.   Expresses her appreciation for the constructive cooperation between the Council, the Commission and the Parliament in preparing the OLAF reform;

3.   Emphasises that after the trilogue meetings were successfully concluded new information came to light;

4.   Notes that in the meantime the OLAF Supervisory Committee (OLAF-SC) has cast doubts on whether its right of supervision was respected and whether the rights of the persons under administrative investigation were preserved;

5.   Deplores the fact that the Committee on Budgetary Control was not granted access to the OLAF-SC report drafted pursuant to Article 11 of the OLAF regulation, which was sent to the Parliament, the Council and the Commission on 29 January 2013 and which presumably comments on OLAF's investigative procedures;

6.   Calls on its President to grant the members of the Committee on Budgetary Control access to this report, in the appropriate form, without delay;

7.   Draws attention to the public statement made by Herbert Bösch, Member of the OLAF-SC, during the meeting of the Committee on Budgetary Control on 19 March 2013, warning against infringements of fundamental rights during OLAF administrative investigations and asking Members to consult the report submitted by the OLAF-SC to the Parliament, the Council and the Commission on 29 January 2013(1);

8.   Welcomes the publication of the OLAF-SC Annual Activity Report 2012 on 22 April 2013;

9.   Draws attention to the meeting of the Committee on Budgetary Control of 23 April 2013, at which this report was presented by the OLAF-SC to the members of the Committee on Budgetary Control, in the presence of the Director-General of OLAF;

10. Recalls the concerns expressed by the OLAF-SC members at this meeting as regards OLAF’s investigative work, which are also summarised in Annex 3 of the OLAF-SC Annual Activity Report 2012, referring to, inter alia:

a.    the investigative measures that OLAF is entitled to undertake;

b.   he respect for procedural guarantees and fundamental rights, and the role of the OLAF-SC therein;

c.    the legality check of OLAF’s investigations and the respect of the national law of the Member States;

d.   the direct participation of the OLAF Director-General in the investigative activities;

11. Intends to reassure herself that the revised OLAF regulation comprises all necessary administrative procedures and safeguard mechanisms to protect the role of the OLAF-SC and the rights of individuals under administrative investigation;

12. Calls on the Council and the Commission to cooperate with the Parliament in order to ensure the best possible outcome for the OLAF reform;

Background information

13. On 4 July 2006, the Commission submitted to the Parliament and the Council its proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(2);

14. On 20 November 2008, the European Parliament adopted its position at first reading and the accompanying legislative resolution(3);

15. On 6 July 2010, the Commission issued a reflection paper on the reform of OLAF(4) with the view to identifying convergent and divergent points in the views expressed by the European Parliament and the Council on the Commission's initial proposal, and to achieve consensus on the main issues at stake;

16. As a result of thorough discussions within its Working Party on Combating Fraud, the Council issued on 6 December 2010 conclusions on the Commission's reflection paper(5);

17. Following this reflection process, the Commission submitted an amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) and repealing Council Regulation (Euratom) No 1074/1999 on 18 March 2011(6);

18. The European Parliament established its negotiating mandate on the Commission's amended proposal by reaffirming its position at first reading on the Commission's initial proposal;

19. Opinions were delivered by the European Court of Auditors on 12 July 2011(7) and by the European Data Protection Supervisor on 1 June 2011(8);

20. In accordance with paragraphs 16 to 18 of the Joint Declaration on Practical Arrangements for the Codecision Procedure(9), the Council Presidency, operating under a mandate from the Permanent Representatives Committee(10), negotiated with the European Parliament, in the context of informal tripartite discussions which took place from October 2011 to June 2012, with a view to reaching an agreement at the stage of Council's first reading;

21. The trilogue meetings were successfully concluded on 8 June 2012;

22. On 25 July 2012, the Permanent Representatives Committee endorsed the compromise text agreed at the last informal trilogue of 8 June 2012; this agreement was also confirmed by the European Parliament's Committee on Budgetary Control (CONT) on 8 October 2012, following which its Chairman sent a letter to the Chairman of the Permanent Representatives Committee confirming that, should the Council adopt that text, he would recommend Plenary to accept Council's first reading position without amendments;

23. Subsequently, at its meeting on 4 December 2012, the Council confirmed the political agreement on the agreed text as set out in documents 16546/12 and 12735/12 ADD1;

24. The Council adopted the Commission proposal as amended on 25 February 2013 together with two Commission statements and one joint statement by the European Parliament, the Council and the Commission;

25. The Commission accepted the amendments to its proposal in its communication to the European Parliament of 8 March 2013(11);

26. The outcome of the Council's first reading was announced to CONT during its meeting on 18/19 March 2013.

(1)

         http://www.europarl.europa.eu/ep-live/en/committees/video?event=20130319-0900-COMMITTEE-CONT

(2)

         COM(2006)0244.

(3)

          OJ C 16 E, 22.1.2010, p. 201.

(4)

       SEC(2010)0859.

(5)

          Document 16833/10.

(6)

         COM(2011)0135.

(7)

          OJ C 254, 30.8.2011, p. 1.

(8)

         OJ C 279, 23.9.2011, p. 11.

(9)

         OJ C 145, 30.6.2007, p. 5.

(10)

         Document 12140/11 ADD1.

(11)

        COM(2013)0140.


PROCEDURE

Title

Amendment of Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti Fraud Office (OLAF)

References

17427/1/2012 – C7-0051/2013 – 2006/0084(COD)

Date of Parliament’s first reading – P number

20.11.2008                     T6-0553/2008

Commission proposal

COM(2006)0244 - C6-0228/2006

Amended Commission proposal

COM(2011)0135

Receipt of Council position at first reading announced in plenary

14.3.2013

Committee responsible

       Date announced in plenary

CONT

14.3.2013

 

 

 

Rapporteur(s)

       Date appointed

Ingeborg Gräßle

27.3.2007

 

 

 

Date adopted

18.6.2013

 

 

 

Result of final vote

+:

–:

0:

16

0

0

Members present for the final vote

Marta Andreasen, Jean-Pierre Audy, Zigmantas Balčytis, Zuzana Brzobohatá, Martin Ehrenhauser, Ingeborg Gräßle, Jan Mulder, Petri Sarvamaa, Bart Staes, Michael Theurer

Substitute(s) present for the final vote

Cornelis de Jong, Esther de Lange, Karin Kadenbach, Ivailo Kalfin

Substitute(s) under Rule 187(2) present for the final vote

Vasilica Viorica Dăncilă, Verónica Lope Fontagné, Janusz Władysław Zemke

Date tabled

19.6.2013

Last updated: 24 June 2013Legal notice