(12)

the following Articles are inserted: ‘Article 12a Anti-fraud coordination services in the Member States 1. Member States shall, for the purposes of this Regulation, designate a service (“the anti-fraud coordination service”) to facilitate effective cooperation and exchange of information, including information of an operational nature, with the Office. Where appropriate, in accordance with national law, the anti-fraud coordination service may be regarded as a competent authority for the purposes of this Regulation. 2. Upon request of the Office, before a decision has been taken as to whether or not to open an investigation, as well as during or after an investigation, the anti-fraud coordination services shall provide, obtain or coordinate the necessary assistance for the Office to carry out its tasks effectively. That assistance shall include in particular the assistance from the national competent authorities provided in accordance with Article 3(6) and (7), Article 7(3) and Article 8(2) and (3). 3. The Office may request the assistance of the anti-fraud coordination services when conducting coordination activities in accordance with Article 12b, including, where appropriate, horizontal cooperation and exchange of information between anti-fraud coordination services. Article 12b Coordination activities 1. Pursuant to Article 1(2), the Office may organise and facilitate cooperation between the competent authorities of the Member States, institutions, bodies, offices and agencies, as well as, in accordance with the cooperation and mutual assistance agreements and any other legal instrument in force, third countries' authorities and international organisations. To this end, the participating authorities and the Office may collect, analyse and exchange information, including operational information. The staff of the Office may accompany competent authorities carrying out investigative activities upon request of those authorities. Article 6, Article 7(6) and (7), Article 8(3) and Article 10 shall apply. 2. The Office may draw up a report on the coordination activities conducted and transmit it, where appropriate, to the competent national authorities and institutions, bodies, offices and agencies concerned. 3. This Article shall apply without prejudice to the exercise by the Office of powers conferred on the Commission in specific provisions governing mutual assistance between Member States' administrative authorities and cooperation between those authorities and the Commission. 3a. The obligations of mutual administrative assistance pursuant to Council Regulation (EC) No 515/97 (18) and Regulation (EU) No 608/2013 (19) shall also apply to coordination activities relating to the European Structural and Investment Funds in accordance with this Article. [Am. 99] 4. The Office may participate in joint investigation teams established in accordance with applicable Union law and exchange in this framework operational information acquired pursuant to this Regulation. Article 12c Reporting to the EPPO of any criminal conduct on which it could exercise its competence 1. The Office shall report to the EPPO without undue delay any criminal conduct in respect of which the EPPO could exercise its competence in accordance with Article 22 and Article 25(2) and (3) Chapter IV of Regulation (EU) 2017/1939. The report shall be sent at any stage as early as possible before or during an investigation of the Office. [Am. 100] 2. The report shall contain, as a minimum, a description of the facts and information known by the office , including an assessment of the damage caused or likely to be caused , where the Office has such information, the possible legal qualification and any available information about potential victims, suspects and any other involved persons. Together with the report, the Office shall transmit to the EPPO any other relevant information on the case in its possession. [Am. 101] 3. The Office shall not be bound to report to the EPPO manifestly unsubstantiated allegations. In cases where the information received by the Office does not include the elements set out in paragraph 2, and there is no investigation of the Office ongoing, the Office may conduct a preliminary evaluation of the allegations. The evaluation shall be carried out expeditiously without delay , and in any case within two months of receipt of the information. In the course of this evaluation, Article 6 and Article 8(2) shall apply. The Office shall refrain from performing any measures that may jeopardise any possible future investigations of the EPPO. [Am. 102] Following this preliminary evaluation, the Office shall report to the EPPO if the conditions set out in paragraph 1 are met. 4. Where the conduct referred to in paragraph 1 comes to light during an investigation by the Office, and the EPPO opens an investigation following the report, the Office shall not continue its investigation into the same facts other than in accordance with Articles 12e or 12f. For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12 g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working days. 5. The institutions, bodies, offices and agencies may request the Office to conduct a preliminary evaluation of allegations reported to them. For the purposes of those requests, paragraph 3 paragraphs 1 to 4 shall apply mutatis mutandis . The Office shall inform the institution, body, office or agency concerned of the results of the preliminary evaluation, unless providing such information could jeopardise an investigation conducted by the Office or the EPPO. [Am. 103] 6. Where, following the report to the EPPO in accordance with this Article, the Office closes its investigation, Article 9(4) and Article 11 shall not apply. Article 12d Non-duplication of investigations 1. The Director-General shall not open an investigation in accordance with Article 5 , and shall discontinue an ongoing investigation, if the EPPO is conducting an investigation into the same facts, other than in accordance with Articles 12e or 12f. The Director-General shall inform the EPPO about each decision on not opening or discontinuation taken on such grounds. [Am. 104] For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12 g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working days. This deadline may be extended in exceptional cases subject to modalities to be set out in the working arrangements referred to in Article 12 g(1). [Am. 105] Where the Office closes its investigation in accordance with the first subparagraph, Article 9(4) and Article 11 shall not apply. [Am. 106] 1a. Upon request by the EPPO, the Office shall refrain from performing certain acts or measures which could jeopardise an investigation or prosecution conducted by the EPPO. The EPPO shall notify the Office without undue delay when the grounds for such a request cease to apply. [Am. 107] 1b. Where the EPPO closes or discontinues an investigation on which it had received information from the Director-General pursuant to paragraph 1 and which is relevant to the exercise of the Office's mandate, it shall inform the Office without undue delay and may make recommendations regarding follow-up administrative investigations. [Am. 108] Article 12e The Office's support to the EPPO 1. In the course of an investigation by the EPPO, and at the request of the EPPO in accordance with Article 101(3) of Regulation (EU) 2017/1939, the Office shall, in conformity with its mandate, support or complement the EPPO's activity in particular by: (a) providing information, analyses (including forensic analyses), expertise and operational support; (b) facilitating coordination of specific actions of the competent national administrative authorities and bodies of the Union; (c) conducting administrative investigations. 2. A request pursuant to paragraph 1, a request shall be transmitted in writing and shall specify at least: (a) information on the EPPO investigation in so far as relevant for the purpose of the request; (b) the measure or measures which the EPPO requests the Office to perform and; (c) where appropriate, the envisaged timeline for their performance;. (d) It shall contain information about the EPPO investigation in so far as relevant for the purpose of the request. any instructions pursuant to paragraph 2a. Where necessary, the Office may request additional information. [Am. 109] 2a. In order to protect the admissibility of evidence as well as fundamental rights and procedural guarantees, where the Office performs supporting or complementary measures at the request of the EPPO pursuant to this Article, the EPPO may instruct the Office to apply higher standards of fundamental rights, procedural guarantees and data protection than provided for in this Regulation. In doing so, it shall specify in detail the formal requirements and procedures to be applied. In the absence of any such specific instructions by the EPPO, Chapter VI (procedural safeguards) and Chapter VIII (data protection) of Regulation (EU) 2017/1939 shall apply mutatis mutandis to measures performed by the Office pursuant to this Article. [Am. 110] Article 12f Complementary investigations 1. In duly justified cases where the EPPO is conducting an investigation, where the Director-General considers that an investigation should be opened or continued in accordance with the mandate of the Office with a view to facilitating the adoption of precautionary measures or of financial, disciplinary or administrative action, the Office shall inform the EPPO in writing, specifying the nature and purpose of the investigation , and seeking the EPPO’s written consent to the opening of a complementary investigation. [Am. 111] Within 30 20 working days after receipt of this information the EPPO may shall either give its consent or object to the opening or continuation of an investigation or to the performance of any certain acts act pertaining to the investigation, where necessary to avoid jeopardising its own investigation or prosecution, and for as long as these grounds persist. The In duly justified situations, the EPPO may extend the deadline by an additional 10 working days. It shall inform the Office thereof. In the event that the EPPO objects, the Office shall not open a complementary investigation. In that case, the EPPO shall notify to the Office without undue delay when the grounds for the objection cease to apply. [Am. 112] In the event that the EPPO does not object within the time period of the previous subparagraph gives its consent , the Office may open or continue an investigation, and it shall conduct it in close consultation with the EPPO. [Am. 113] If the EPPO does not reply within the deadline in the second subparagraph, the Office may enter into consultations with the EPPO so as to take a decision within 10 days. [Am. 114] The Office shall suspend or discontinue its investigation, or refrain from performing certain acts pertaining to the investigation, if the EPPO subsequently objects to it, on the same grounds as referred to in the second subparagraph. 2. Where the EPPO informs the Office that it is not conducting an investigation in reply to a request for information submitted in accordance with Article 12d and subsequently opens an investigation into the same facts, it shall inform the Office without delay. If, following receipt of this information, the Director-General considers that the investigation opened by the Office should be continued with a view to facilitating the adoption of precautionary measures or of financial, disciplinary or administrative action, paragraph (1) shall apply. Article 12 g Working arrangements and exchange of information with the EPPO 1. Where necessary to facilitate the cooperation with the EPPO as set out in Article 1(4a), the Office shall agree with the EPPO on administrative arrangements. Such working arrangements may establish practical details for the exchange of information, including personal data, operational, strategic or technical information and classified information , as well as the setting up of information technology platforms, including a common approach to upgrades and compatibility of software. They shall include detailed arrangements on the continuous exchange of information during the receipt and verification of allegations for the purpose of determining competences over investigations conducted by both offices. They shall also include arrangements on the transfer of evidence between the Office and the EPPO, as well as arrangements on the division of expenses. Prior to the adoption of the working arrangements with the EPPO, the Director-General shall send the draft to the European Data Protection Supervisor, the Supervisory Committee and the European Parliament for information. The European Data Protection Supervisor and the Supervisory Committee shall deliver their opinions without delay. [Am. 115] 2. The Office shall have indirect access to information in the EPPO's case management system on the basis of a hit/no hit system. Whenever a match is found between data entered into the case management system by the Office and data held by the EPPO, the fact that there is a match shall be communicated to both the EPPO and the Office. The Office shall take appropriate measures to enable the EPPO to have access to information in its case management system on the basis of a hit/no-hit system. Each indirect access to information in the EPPO’s case management system by the Office shall be carried out only in so far as necessary for the performance of the Office’s functions as defined under this Regulation and shall be duly justified and validated via an internal procedure set up by the Office. The Office shall keep a log of all instances of access to the EPPO’s case management system. [Am. 116] 2a. The Director-General of the Office and the European Chief Public Prosecutor shall meet at least once per year to discuss matters of common interest. ’; [Am. 117]