Regulation 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 Counci
The new Regulation No 883/20131 governing the work of the European Anti-Fraud Office (OLAF) entered into force on 1 October 2013. This Regulation confirms that the mandate of OLAF extends beyond the protection of financial interests to include all activities relating to safeguarding EU interests against irregular conduct liable to result in administrative or criminal proceedings.
The new text specifies that the OLAF Director-General may open an investigation when there is sufficient suspicion that there has been fraud, corruption or any illegal activity affecting the financial interests of the EU. Such decision shall take into account OLAF's investigation priorities, and can be opened on its own initiative.
The investigative powers of OLAF are clarified and consolidated. These include the power to conduct on-the-spot checks and inspections. For the first time, detailed procedures for conducting interviews are provided.
For the first time, the Regulation brings together in statutory law a set of rights and guarantees for all persons concerned by OLAF investigations. These include: the respect for the presumption of innocence, the right to avoid self-incrimination, the right to be assisted by a person of his/her choice, to obtain a copy of his/her interview records, and to be given an opportunity to comment on facts concerning him/her before the conclusions of the investigation are drawn up.
The general monitoring role of the OLAF Supervisory Committee is also confirmed.
A 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 was tabled by the Commission on 11 June 2014.
Reference number: 883/2013
Issue date: 11-09-13
Official Journal: OJ L 248, 18.9.2013, pp. 1–22