EN    EN EN 
 
EN    EN  EUROPEAN COMMISSION 
Brussels, 17.3.2011 
SEC(2011) 343 final 
  
Preliminary Draft 
COMMISSION DECISION 
amending its Decision (1999/352/EC/ECSC, Euratom) of 28 April 1999 establishing the 
European Anti-fraud Office 
 
COM(2011) 135 final 
 
EN 2   EN Preliminary Draft 
COMMISSION DECISION 
amending its Decision (1999/352/EC/ECSC, Euratom) of 28 April 1999 establishing the 
European Anti-fraud Office 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 249 thereof ; 
Whereas: (1) []. (2) […], HAS DECIDED AS FOLLOWS: 
Article 1 
Commission Decision 1999/352/EC, ECSC, Euratom is amended as follows: 
(1) Article 2 is amended as follows:   (a) In paragraph 1, sub-paragraph 2(b) is replaced by the following: 
"to investigate to that end serious matters relati ng to the discharge of professional duties such 
as to constitute a dereliction of the obligations of officials and other servants of  the European 
Union liable to result in disciplinary or, as the case may be, criminal proceedings, or an 
equivalent failure to discharge obligations on the part of members of institutions and bodies, heads of offices and agencies or members of the staff of institutions, bodies, offices or 
agencies not subject to the Staff Regulations of  officials and the Conditions of employment of 
other servants of the European Union." 
 (b) The third subparagraph of para graph 1 is replaced by the following: 
“The Office shall exercise the Commission’s power s in the above areas as they are defined in 
the provisions established in the framework of the Treaties and relevant regulations, and subject to the limits and conditions laid down ther ein. It shall act in the framework of its work 
programme and ensure that its resources are us ed efficiently so that the Union's financial 
interests are effectively protecte d. It shall ensure that the m eans employed are proportionate to 
the potential financial loss and to the facts in question. It shall inform the competent 
Commission departments of the action taken, in particular on the basis of Articles 4(4) and 
10(2) of Regulation (EC) No 1073/1999.” 
 
EN 3   EN  (c) The fourth subparagraph of paragraph 1 is deleted. 
 (d) Paragraph 5(b) is replaced by the following: “(b) ensuring the collection a nd analysis of information. In this connection, the Office shall 
carry out strategic anti-fraud analysis. It shal l collect, evaluate, proc ess and analyse data 
relating to fraud adversely affecting the Uni on's financial interests, in accordance with 
arrangements to be determined by Commission decision;” 
  (2) Article 5 is replaced by the following:  “Article 5  Director-General 1. The Office shall be headed by a Director-Gen eral. The Director-Gener al shall be appointed 
by the Commission, in accordance with the proce dure specified in paragraph 2. The term of 
office of the Director-General shall be seven years and shall not be renewable. 
The Director-General shall be responsible for the Office’s conduc t of investigations. 
2. In order to appoint a new Director-Gener al, the Commission shall publish a call for 
applications in the Official Journal of the Eu ropean Union. This publica tion shall take place at 
the latest six months before the end of the ma ndate of the Director-General in office. After 
having carried out a selection procedure, th e Commission shall draw up a list of suitably 
qualified candidates, duly consult the European  Parliament, the Council and as well as with 
the Supervisory Committee on the basis of th is list and adopt its decision.  
3. The Commission shall exercise, with rega rd to the Director-General, the powers 
conferred on the appointing au thority. Any decision on a reques t for assistance lodged by the 
Director-General under Article 24 of the Staff Regulations or on initiating disciplinary 
proceedings under Article 3, Paragraph 1, point c of  Annex IX to the Staff Regulations against 
the Director-General shall be taken by reasone d decision of the Commission, after consulting 
the Supervisory Committee. The decision shal l be communicated for information to the 
European Parliament, the Council and the Supervisory Committee.” 
(3) In Article 6, paragraphs 1 to  3 are replaced by the following:  
“1. Regarding to the staff of the Office, pow ers of the appointing authority and of the 
authority empowered to conclude contracts of em ployment shall be delegated to the Director-
General of the Office to the extent necessary  to preserve the Office's independence as 
provided for in Article 3 of this Decision. 
The Director-General is given delegation to lay down the conditions and detailed 
arrangements for recruiting at the Office, in part icular as to the length of contracts and their 
renewals. 
 
EN 4   EN 2. After consulting the Supervisory Committee, the Director-General shall send the 
Director-General for Budgets a preliminary draf t budget to be entered in the annex concerning 
the Office to the Commission section of the general budget of the European Union. 
3. The Director-General shall act as auth orising officer for implementation of the 
appropriations entered in the an nex concerning the Office to the Commission section of the 
general budget of the European Union and the appropriations entered under the anti-fraud 
budget headings for which powers are delega ted to him in the internal rules on 
implementation of the general budget. He shall be  permitted to subdelegate his powers to staff 
members subject to the Staff Regulations of Of ficials or Conditions of Employment of Other 
Servants in accordance with the abovementioned internal rules.” 
(4) Articles 3 and 7 are amended as follows: “Director” is replaced by “Director-General”. 
(5) Article 2(1), sub-paragraph 1 and sub-para graph 2(a), Article 4 and Article 6(4) are 
amended as follows: 
“the Community” is replaced by “the Union”. 
Article 2 
This Decision shall take effect on the date of the entry into force of the Regulation amending 
Regulation (EC) No 1073/1999 and repeal ing Regulation (EURATOM) No 1074/1999.  
Done at Brussels,  
 For the Commission 
   Member of the Commission