Regulation 2013/883 - Investigations conducted by the European Anti-Fraud Office (OLAF) - Main contents
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Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2013/883 |
| Original proposal | COM(2006)244  |
| CELEX number i | 32013R0883 |
| Document | 11-09-2013 |
|---|---|
| Publication in Official Journal | 18-09-2013; OJ L 248 p. 1-22 |
| Effect | 01-10-2013; Entry into force See Art 21 |
| Deadline | 01-01-1001; At the latest See Art 19.1 01-01-1001; At the latest See Art 19.2 |
| End of validity | 31-12-9999 |
18.9.2013 |
EN |
Official Journal of the European Union |
L 248/1 |
REGULATION (EU, EURATOM) No 883/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 September 2013
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 325 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the Court of Auditors (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union institutions and the Member States attach great importance to the protection of the financial interests of the Union and to the fight against fraud, corruption and any other illegal activity affecting those interests. The Commission’s responsibility in that connection is closely bound up with its duty to implement the budget pursuant to Article 317 of the Treaty on the Functioning of the European Union (TFEU) and the importance of action to that end is confirmed by Article 325 TFEU. |
(2) |
All available means should be deployed fully to attain that objective, notably in the context of investigative duties devolving upon the Union, while the current distribution and balance of responsibilities between the Union and the Member States should be maintained. |
(3) |
To reinforce the means available for combating fraud, while respecting the principle of each institution’s internal organisational autonomy, the Commission, by Decision 1999/352/EC, ECSC, Euratom (3), has established the European Anti-Fraud Office (‘the Office’) among its own services with responsibility for conducting administrative fraud investigations. The Commission has given the Office full independence to exercise its investigative function. Decision 1999/352/EC, ECSC, Euratom provides that for the purposes of investigations the Office is to exercise the powers conferred by Union law. |
(4) |
Regulation (EC) No 1073/1999 of the European Parliament and of the Council (4) was adopted to regulate investigations conducted by the Office. In order to make the Office’s investigative activities more effective, and in the light of the evaluations of its activities made by the Union institutions, in particular the Commission’s evaluation report of April 2003 and the Special Reports No 1/2005 (5) and No 2/2011 (6) of the Court of Auditors concerning the management of the Office, there is a need to revise the current legal framework. |
(5) |
The Office’s mandate should comprise the conduct of investigations within the institutions, bodies, offices and agencies established by, or on the basis of, the Treaties (‘institutions, bodies, offices and agencies’) and the exercise of the power of investigation conferred on the Commission by the relevant Union acts, as well as providing the Member States with assistance from the Commission in organising close and regular cooperation between their competent authorities. The Office should also contribute to the design and development of methods for preventing and combating fraud, corruption and any other illegal activity affecting the financial interests of the Union, based on its operational practice in this field. |
(6) |
The responsibility of the Office as set up by the Commission also extends beyond the protection of financial interests to include all activities relating to safeguarding Union interests against irregular conduct... |
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