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
The adoption of the EPPO Regulation has made it necessary to review Regulation 883/2013 on OLAF, as the two bodies will need to coordinate their activities in the fight against fraud to the EU budget.
In May 2018, the Commission issued a proposal to amend Regulation 883/2013 with the aim to:
– adapt the operation of OLAF to the establishment of the EPPO;
– enhance the effectiveness of OLAF’s investigative function;
– clarify and simplify selected provisions of Regulation No 883/2013.
OLAF will have to report to the EPPO, without undue delay, any criminal conduct in respect of which the latter could exercise its competence. To this end, OLAF may be required to carry out a preliminary evaluation of incoming information, to ensure that the information supplied to the EPPO is sufficiently substantiated and contains the necessary elements. Furthermore, OLAF may be asked by Union institutions, bodies, offices and agencies to perform this verification on their behalf.
Some other rules concern the need to avoid duplication of work between the EPPO and OLAF. Nonetheless, in duly justified cases, OLAF may carry out administrative investigations on the same facts on which the EPPO is investigating. In such circumstances, OLAF's investigations complement the activities of the EPPO as they are not aimed at ascertaining possible elements of a criminal offence, but are instead focused at ensuring recovery, or at preparing the ground for administrative or disciplinary action.
To ensure a smooth transition into the new framework, the amended Regulation should enter into force before the EPPO becomes operational (envisaged for the end of 2020).
Source: Explanatory Memorandum to COM(2018) 338 final.
Reference number: COM (2018) 338 final
Issue date: 25-05-18