Proposal for a Regulation of the European Parliament and the Council amending Regulation (EU, Euratom) No 883/2013 as regards the establishment of a Controller of procedural guarantees

On 11 June 2014, the European Commission submitted a proposal for a Regulation amending Regulation (EU, Euratom) no. 883/2013 as regards the establishment of a Controller of procedural guarantees (COM(2014) 340 final). This proposal aims at further strengthening the procedural guarantees in place for all persons under investigation by the European Anti-Fraud Office (OLAF) and at taking into account the special way in which members of EU institutions are elected or appointed as well as their special responsibilities. For this purpose, the Regulation 883/2013 on investigations by OLAF will be amended. In this respect, a Controller of procedural guarantees is proposed to first, review complaints lodged by persons under investigation concerning violation of procedural guarantees; and second, authorise OLAF to conduct certain investigative measures with respect to members of EU institutions. The Court of Auditors issued its opinion on 21 November 2014.

The establishment of the Controller of procedural guarantees has been included in the Regulation 2020/2223 (Art 1 (9) inserting the new art 9a in Regulation 883/2013). The new provisions introduced by Regulation 2020/2223 do not include the prior authorisation of the Controller for certain investigative measures (which was the most controversial part of the 2014 proposal) but only a complaint mechanism. The 2014 proposal, however, has not yet been withdrawn.