DECISION (EU, Euratom) 2022/521 OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

of 28 March 2022

appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF)

THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, as amended (1), concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (2), and in particular Article 15(2) of this Regulation,

Whereas:

(1) Article 15(2) of Regulation (EU, Euratom) No 883/2013 provides that the Supervisory Committee of the European Anti-Fraud Office (OLAF) shall be composed of five independent members having experience in senior judicial or investigative functions or comparable functions relating to the areas of activity of the Office. They shall be appointed by common accord of the European Parliament, the Council and the Commission. The decision appointing the members of the Supervisory Committee shall also include a reserve list of potential members to replace members of the Supervisory Committee for the remainder of their term of office in the event of the resignation, death or permanent incapacity of one or more of those members.

(2) According to Article 15(3) of Regulation (EU, Euratom) No 883/2013, the term of office of the members of the Supervisory Committee shall be five years and shall not be renewable. Three and two members shall be replaced alternately in order to preserve the Supervisory Committee’s expertise.

(3) According to Article 15(6) of Regulation (EU, Euratom) No 883/2013, in accordance with the applicable Commission rules, members of the Supervisory Committee shall receive a daily allowance and shall be reimbursed for expenses incurred by them in the course of their duties.

(4) According to Article 15(7) of Regulation (EU, Euratom) No 883/2013, in carrying out their duties, the Members of the Supervisory Committee shall neither seek nor take instructions from any government or any institution, body, office or agency.

(5) According to Article 10(5), third subparagraph, of Regulation (EU, Euratom) No 883/2013, the members of the Supervisory Committee shall be bound by an obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate.

(6) According to Article 1 of Decision (EU, Euratom) 2016/1201 of the European Parliament, the Council and the Commission, of 13 July 2016, appointing the members of the Supervisory Committee of OLAF, the duties of two members of the Supervisory Committee, Ms Grażyna Stronikowska and Mr Rafael Muñoz López-Carmona, ended on 12 July 2021 and the duties of three members, Mr Jan Mulder, Ms Maria Helena Pereira Loureiro Correia Fazenda and Ms Dobrinka Mihaylova, ended on 22 January 2022. In accordance with Article 15(4) of Regulation (EU, Euratom) No 883/2013, these members have remained in office after the expiry of their term of office, pending completion of the process of appointment of new members of the Supervisory Committee. New members should therefore be appointed to replace these five members, respecting the alternate replacement laid down in Article 15(3) of Regulation (EU, Euratom) No 883/2013. The two persons starting their mandate immediately and the three starting on 23 September 2022 have been chosen by drawing lots.

(7) Following a selection procedure, the European Parliament, the Council and the Commission are satisfied that the persons to be appointed as members of the Supervisory Committee and also those included in the reserve list of potential members fulfil the requirements of independence and experience in senior judicial or investigative functions or comparable functions relating to the areas of activity of OLAF laid down in Article 15(2) of Regulation (EU, Euratom) No 883/2013. The persons in the reserve list are presented in an order of merit, as it results from the selection procedure.

HAVE DECIDED AS FOLLOWS:

Article 1 1. The following persons are hereby appointed as members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) as from the day of entry into force of this decision, in replacement of the members whose mandate ended in July 2021: — Mr Dusan STERLE, — Mr Carsten ZATSCHLER. 2. The following persons are hereby appointed as members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) as from 23 September 2022, in replacement of the members whose mandate ended in January 2022: — Ms Teresa ANJINHO, — Ms Marita SALGRAVE, — Mr Angelo Maria QUAGLINI. 3. Should any of the above persons resign from the Supervisory Committee, die or become permanently incapacitated, he or she shall immediately be replaced for the remainder of the term of office by the first named person on the following list who has not yet replaced a member of the Supervisory Committee: — Mr Thierry CRETIN, — Mr Ilias KONSTANTAKOPOULOS, — Ms Maria STYLIANIDI, — Mr Andrei Atila Luca CHENDI, — Ms Sophie DE WAEL, — Mr Igors LUDBORŽS, — Ms Gabriella NAGY, — Mr Joaquin SILGUERO ESTAGNAN.

Article 2 The Members of the Supervisory Committee shall not deal with a matter in which, directly or indirectly, they have any personal interest such as to impair their independence, and, in particular, family and financial interests.

Article 3 The amount of the reimbursement for expenses incurred in the course of duties as a Member of the Supervisory Committee, the amount of the payment for each day spent on those duties as well as the procedure for reimbursement and payment shall be determined by the Commission in accordance with its applicable rules.

Article 4 The Commission shall inform the above persons of this Decision, and shall immediately inform any person replacing a member of the Supervisory Committee pursuant to Article 1(3).

Article 5 The Decision shall enter into force on 28 March 2022.

Done at Brussels, 28 March 2022. For the European Parliament The President Roberta METSOLA For the Council The President Bruno LE MAIRE For the Commission Commissioner Johannes HAHN

(1) Regulation (EU, Euratom) 2020/2223 of the European Parliament and of the Council of 23 December 2020 amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor’s Office and the effectiveness of the European Anti-Fraud Office investigations (OJ L 437, 28.12.2020, p. 49).

(2) OJ L 248, 18.9.2013, p. 1.