# C_2018101EN.01022501.xml

| 16.3.2018 | EN | Official Journal of the European Union | C 101/225 |
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16.3.2018

EN

Official Journal of the European Union

C 101/225

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P8_TA(2016)0308

Secretariat of the OLAF Supervisory Committee ***I

European Parliament legislative resolution of 6 July 2016 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF) (COM(2016)0113 — C8-0109/2016 — 2016/0064(COD))

(Ordinary legislative procedure: first reading)

(2018/C 101/25)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2016)0113), |
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having regard to the Commission proposal to Parliament and the Council (COM(2016)0113),

| — | having regard to Article 294(2) and Article 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0109/2016), |
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having regard to Article 294(2) and Article 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0109/2016),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the Court of Auditors of 5 April 2016 (1), |
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having regard to the opinion of the Court of Auditors of 5 April 2016 (1),

1

| — | having regard to the undertaking given by the Council representative by letter of 8 June 2016 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the undertaking given by the Council representative by letter of 8 June 2016 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
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having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A8-0188/2016), |
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having regard to the report of the Committee on Budgetary Control (A8-0188/2016),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

Adopts its position at first reading hereinafter set out;

| 2. | Takes note of the Commission statement annexed to this resolution; |
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2.

Takes note of the Commission statement annexed to this resolution;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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4.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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(1)  OJ C 150, 27.4.2016, p. 1.

1

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P8_TC1-COD(2016)0064

Position of the European Parliament adopted at first reading on 6 July 2016 with a view to the adoption of Regulation (EU) 2016/... of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013, as regards the secretariat of the Supervisory Committee of the European Anti-Fraud Office (OLAF)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2016/2030.)

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ANNEX TO THE LEGISLATIVE RESOLUTION

Commission Statement

The Commission is fully committed to the independent functioning of the Secretariat of the OLAF Supervisory Committee. The main purpose of the proposed amendment to the OLAF Regulation (EU, Euratom) No 883/2013 is to add further guarantees to the independence of the Secretariat. The implementation of the amended Regulation will be guided by this aim.

As confirmed by Vice-President Georgieva to the Chairman of the Supervisory Committee by letter of 20 May 2016, the Commission intends to attach the Secretariat of that Committee, as of the date of application of the amended Regulation, to PMO. This attachment will be of a purely administrative nature, with a view to facilitating certain organisational and budgetary aspects. It will not affect the independent functioning of the Secretariat.

As also mentioned in that letter, the administrative attachment of the Secretariat to PMO will have no impact on its current staffing and budgetary means. The Head of the Secretariat will be in charge of the management and appraisal of his staff. The appraisal of the Head of the Secretariat will be based on a report of the Supervisory Committee.

The Commission will consider, after consulting the Supervisory Committee, putting in place appropriate internal rules on mobility limiting the duration of the postings of the Secretariat, while ensuring continuity in order to render their independence effective, and avoid risks of conflicts of interests or of revolving doors issues with OLAF.

The modification of the Regulation does not affect the access of the Supervisory Committee to information such as that contained in OLAF's IT systems, databases and documents.

The offices of the staff of the secretariat of the Supervisory Committee will be maintained within the building currently housing OLAF, protecting the independence of the Supervisory Committee and of OLAF while ensuring ease of contact.

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