Motion for a resolution - B6-0627/2008Motion for a resolution



further to Question for Oral Answer B6‑0492/2008
pursuant to Rule 108(5) of the Rules of Procedure, by
on the Council's approach to the revision of the OLAF Regulation

Procedure : 2008/2690(RSP)
Document stages in plenary
Document selected :  


European Parliament resolution on the Council's approach to the revision of the OLAF Regulation

The European Parliament,

–  having regard to the Interinstitutional Agreement on better law-making, of 16 December 2003[1],

–  having regard to the Commission 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] and Parliament's legislative resolution of 20 November 2008[3] on that proposal,

–  having regard to its Oral Question B6-0492/2008 to the Council,

–  having regard to Rule 108(5) of its Rules of Procedure,

A.   whereas, ten years after OLAF was established as an operational office to protect the financial interests of the Community in 1999, the Office has gained valuable experience in the fight against fraud and corruption,

B.   whereas the regulatory framework of OLAF should be improved on the basis of the operational experience gained by the Office,

C.   whereas the two branches of the EU legislative authority should closely cooperate under the codecision procedure in order to adapt the regulatory framework of the fight against fraud to current needs,

D.   whereas Parliament concluded the first reading concerning the reform of the OLAF regulation by a large majority on 20 November 2008,

1.  Considers that there is an urgent need to clarify the regulatory framework of OLAF in order to  further improve the efficiency of antifraud investigation and to ensure the necessary independence of the Office, taking full account of the experiences gained since OLAF was set up to replace UCLAF in 1999;

2.  Reminds the Council that Parliament's legislative resolution of 20 November 2008 on the OLAF regulation will lead to considerable improvement in the efficiency and quality of OLAF investigations through the strengthening of procedural guarantees, the role of the Supervisory Committee, presumption of innocence, the right of defence of people under investigation and the rights of informers, the adoption of clear and transparent investigative rules, and the improvement of cooperation with the competent national authorities and the EU institutions;

3.  Urges the French and Czech Presidencies of the EU to submit a calendar for negotiations with Parliament, based on Regulation (EC) No 1073/99, thus confirming that they are making every possible effort to ensure prompt adoption of a Common Position and avoid any further unjustified delays;

4.  Considers that the Council’s position in favour of a simple consolidation of the three existing legal bases for OLAF investigations is not a valid argument for not immediately opening negotiations on Regulation 1073/99 since simple consolidation will not improve the legal framework for OLAF anti-fraud investigations and therefore constitutes a considerable loss of time in efforts to step up the fight against fraud; opts therefore for a recasting of EU anti-fraud legislation, including EC Regulations 1073/99, 2185/96 and 2988/95, which should be based on revised Regulation (EC) No 1073/99;

5.  Instructs its President to forward this resolution to the Council, the competent committees of the parliaments of the Member States, the European Court of Auditors and national audit bodies of the Member States.