Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the EU and the Commission of the EC concerning internal investigations by the European Anti-fraud Office (OLAF) - Main contents

official title

 

Legal instrument	Interinstitutional agreement (IIA)
Original proposal	COM(1999)140
CELEX number i	31999Q0531

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Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF)

Official Journal L 136 , 31/05/1999 P. 0015 - 0019

INTERINSTITUTIONAL AGREEMENT

of 25 May 1999

between the European Parliament, the Council of the European Union and the Commission of the European Communities

concerning internal investigations by the European Anti-fraud Office (OLAF)

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Referring to the resolution of the European Parliament of 7 October 1998 on the independence, role and status of the Unit for the Coordination of Fraud Prevention (UCLAF)(1),

Referring to the conclusions of the Council of 15 March 1999, adopted following detailed discussions with the representatives of the European Parliament and the Commission,

Noting Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing a European Anti-fraud Office(2),

• (1) 

  Whereas Regulation (EC) No 1073/1999 of the European Parliament and of the Council(3) and Council Regulation (Euratom) No 1074/1999(4) concerning investigations conducted by the European Anti-fraud Office provide that the Office is to initiate and conduct administrative investigations within the institutions, bodies and offices and agencies established by or on the basis of the EC or Euratom Treaties;

• (2) 

  Whereas the responsibility of the European Anti-fraud Office as established by the Commission extends beyond the protection of financial interests to include all activities relating to the need to safeguard Community interests against irregular conduct liable to give rise to administrative or criminal proceedings;

• (3) 

  Whereas the scope of the fight against fraud should be broadened and its effectiveness enhanced by exploiting existing in the area of administrative investigations;

• (4) 

  Whereas, therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and agencies should entrust to the Office the task of conducting internal administrative investigations with a view to bringing to light serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials and servants of the Communities, as referred to in Articles 11, 12, second and third paragraphs, 13, 14, 16 and 17, first paragraph, of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (hereinafter referred to as "the Staff Regulations"), detrimental to the interests of those Communities and liable to result in disciplinary or, in appropriate cases, criminal proceedings, or serious misconduct, as referred to in Article 22 of the Staff Regulations, or a failure to comply with the analogous obligations of the members, managers or members of staff of the institutions, bodies and offices and agencies of the Communities not subject to the Staff Regulations;

• (5) 

  Whereas such investigations should be conducted in full compliance with the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, and of the texts implementing them and the Staff Regulations;

• (6) 

  Whereas such investigations should be carried out under equivalent conditions in all the Community institutions, bodies and offices and agencies; whereas assignment of this task to the Office should not affect the responsibilities of the institutions, bodies, offices or agencies themselves and should in no way reduce the legal protection of the persons concerned;

• (7) 

  Whereas, pending the amendment of the Staff Regulations, practical...

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