# CE2010045EN.01003901.xml

| 23.2.2010 | EN | Official Journal of the European Union | CE 45/39 |
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23.2.2010

EN

Official Journal of the European Union

CE 45/39

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Council's approach to revision of the OLAF Regulation

P6_TA(2008)0632

European Parliament resolution of 18 December 2008 on the Council's approach to revision of the OLAF Regulation

(2010/C 45 E/07)

The European Parliament,

The European Parliament

| — | having regard to the Interinstitutional Agreement on better law-making (1), |
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having regard to the Interinstitutional Agreement on better law-making (1),

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| — | having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti Fraud Office (OLAF) (COM(2006)0244), and to its position of 20 November 2008 (2) on that proposal, |
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having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti Fraud Office (OLAF) (COM(2006)0244), and to its position of 20 November 2008 (2) on that proposal,

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| — | having regard to the Oral Question to the Council on the Council's approach to revision of the OLAF Regulation (O-0116/2008), |
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having regard to the Oral Question to the Council on the Council's approach to revision of the OLAF Regulation (O-0116/2008),

| — | having regard to Rule 108(5) of its Rules of Procedure, |
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having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas, ten years after its establishment as an operational office to protect the financial interests of the Community in 1999, OLAF has gained valuable experience in the fight against fraud and corruption, |
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A.

whereas, ten years after its establishment as an operational office to protect the financial interests of the Community in 1999, OLAF has gained valuable experience in the fight against fraud and corruption,

| B. | whereas the regulatory framework of OLAF should be improved on the basis of the operational experience gained by it, |
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B.

whereas the regulatory framework of OLAF should be improved on the basis of the operational experience gained by it,

| C. | whereas the two branches of the EU legislative authority should closely cooperate under the codecision procedure in order to adapt the regulatory framework of the fight against fraud to current needs, |
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C.

whereas the two branches of the EU legislative authority should closely cooperate under the codecision procedure in order to adapt the regulatory framework of the fight against fraud to current needs,

| D. | whereas it concluded its first reading concerning amendment of Regulation (EC) No 1073/1999 (‘the OLAF Regulation’) by a large majority on 20 November 2008, |
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D.

whereas it concluded its first reading concerning amendment of Regulation (EC) No 1073/1999 (‘the OLAF Regulation’) by a large majority on 20 November 2008,

1.   Considers that there is an urgent need to clarify the regulatory framework of OLAF in order to further improve the efficiency of anti-fraud investigations and to ensure the necessary independence of OLAF, taking full account of the experiences gained since OLAF was established to replace UCLAF in 1999;

2.   Reminds the Council that Parliament's abovementioned position of 20 November 2008 will lead to considerable improvement in the efficiency and quality of OLAF investigations through the strengthening of procedural guarantees, the role of the Supervisory Committee, the presumption of innocence, the right of defence of those under investigation and the rights of informers, the adoption of clear and transparent investigative rules and the improvement of cooperation with the competent national authorities and the EU institutions;

3.   Urges the French and Czech Presidencies to submit a calendar for negotiations with Parliament, based on Regulation (EC) No 1073/1999, thus confirming that they are making every possible effort to ensure the prompt adoption of a common position by the Council and to avoid any further unjustified delays;

4.   Considers that the Council's position in favour of a simple consolidation of the three existing legal bases for OLAF investigations is not a valid argument for not immediately opening negotiations on Regulation (EC) No 1073/1999, since simple consolidation will not improve the legal framework for OLAF's anti-fraud investigations and therefore constitutes a considerable loss of time in efforts to step up the fight against fraud; opts therefore for a recasting of EU anti-fraud legislation, including Regulation (EC) No 1073/1999, Regulation (Euratom, EC) No 2185/96 and Regulation (EC, Euratom) No 2988/1995, which should be based on a revised Regulation (EC) No 1073/1999;

5.   Instructs its President to forward this resolution to the Council, the competent committees of the parliaments of the Member States, the European Court of Auditors and the national audit bodies of the Member States.

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(1)  OJ C 321, 31.12.2003, p. 1.

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(2)  Texts Adopted, P6_TA(2008)0553.

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