(8)

The following Articles shall be inserted: ‘Article 7a Procedural guarantees 1. In its investigation the Office shall seek evidence for and against the person concerned. Investigations shall be conducted objectively and impartially and in accordance with the principle of the presumption of innocence and the procedural guarantees set out in the procedural code for OLAF investigations referred to in Article 15a . 2. As soon as an investigation reveals that a member, manager, official or other servant or a person serving an institution, body, office or agency or an economic operator may be implicated in a matter, the person concerned shall be informed, provided that this does not prejudice the conduct of the investigation. In any event, before the investigation's final report is drawn up no conclusions referring by name to a natural or legal person may be drawn on completion of an investigation unless the person thus personally implicated has been given the opportunity to make his views known, in writing or at an interview with employees designated by the Office , on all matters concerning him. The person concerned must be given a summary of such matters in the invitation to comment and shall submit his comments within the time limits indicated by the Office. In an interview he is entitled to be assisted by a person of his choice. Any person implicated personally is entitled to use the official Community language of his choice; however, officials or other servants of the Communities may be asked to use an official Community language of which they have a thorough knowledge. A person implicated personally shall be entitled to avoid self incrimination. In cases requiring absolute secrecy to be maintained for the sake of the investigation or entailing use of investigative proceedings falling under the jurisdiction of a national judicial authority or, in the case of an external investigation, that of a competent national authority, the Director General of the Office may decide to defer fulfilment of the obligation to ask the person implicated to make his views known, while complying with the provisions on reviewing legality laid down in Article 14 . In the case of an internal investigation, the Director General of the Office shall take his decision after having informed the institution, body, office or agency to which the person concerned belongs. The institution, body, office or agency shall, where necessary, decide on the expediency of any precautionary or administrative measures, taking due account of the interest of ensuring effective management of the investigation and of any particular confidentiality measures that the Office has recommended. The institution, body, office or agency shall inform the Office as soon as possible of the decision to take any measures under this Article or, where appropriate, of the need to initiate an additional disciplinary procedure on matters for which there is an appropriate competence under the Staff Regulations. An additional disciplinary procedure may be initiated after consulting the Office. 3. The invitation to any interview, whether with a witness or with a person implicated personally within the meaning of paragraph 2, must be sent with at least ten working days' notice; the period of notice may be shortened with the express consent of the person to be interviewed. The invitation shall include a list of the rights of the person interviewed. The Office shall draw up a record of the interview and shall give the person interviewed access to it so that he may either approve the record or add observations. When, in the course of the interview, evidence emerges that the person interviewed may be involved in the facts under investigation, the procedural rules provided for in paragraph 2 shall apply at once. 4. The procedural guarantees provided for in this Article shall apply without prejudice: (a) to more extensive protection which may derive from the rules of the Treaties, the Charter of Fundamental Rights of the European Union or any other relevant national or Community provisions, including the Protocol on the Privileges and Immunities of the European Communities ; (b) to rights and obligations conferred by the Statute for Members of the European Parliament or the Staff Regulations. Article 7b Information about decisions to close an investigation and take no further action If, on completion of an investigation, no evidence has been found against a member, manager, official or other servant or person serving an institution, body, office or agency or against an economic operator, the investigation into that person shall be closed and no further action taken, by decision of the Director General of the Office, who shall, within ten working days of the decision being taken , inform the person concerned and, where appropriate, the institution, body, office or agency in writing. Article 7c Protection of journalistic sources In order to make it possible to provide objective information to European taxpayers and to guarantee freedom of the press, all EU bodies involved in the investigation must respect the principle of protecting journalists' sources in accordance with national legislation .’