Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF)
Date: 1999-05-25
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: Council of the European Union, European Anti-fraud Office, European Commission, European Parliament, committee of inquiry, interinstitutional agreement

31. 5. 1999

EN

Official Journal of the European Communities

L 136/15

II

(Acts whose publication is not obligatory)

EUROPEAN PARLIAMENT
COUNCIL
COMMISSION

INTERINSTITUTIONAL AGREEMENT

of 25 May 1999

between the European Parliament, the Council of the European Union and the
Commission of the European Communities
concerning internal investigations by the European Anti-fraud Office (OLAF)

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE
EUROPEAN UNION AND THE COMMISSION OF THE
EUROPEAN COMMUNITIES,

Referring to the resolution of the European Parliament of
7 October 1998 on the independence, role and status of
the Unit
the Coordination of Fraud Prevention
(UCLAF) (1),

for

(2) Whereas the responsibility of the European Anti-
fraud Office as established by the Commission
extends beyond the protection of financial interests
to include all activities relating to the need to safe-
guard Community
irregular
liable to give rise to administrative or
conduct
criminal proceedings;

interests

against

Referring to the conclusions of the Council of 15 March
1999, adopted following detailed discussions with the
representatives of
the European Parliament and the
Commission,

(3) Whereas the scope of the fight against fraud should
be broadened and its effectiveness enhanced by
exploiting existing in the area of administrative
investigations;

Noting Commission Decision 1999/352/EC, ECSC,
Euratom of 28 April 1999 establishing a European Anti-
fraud Office (2),

(1) Whereas Regulation (EC) No 1073/1999 of

the
European Parliament and of the Council (3) and
Council Regulation (Euratom) No 1074/1999 (4)
concerning investigations conducted by the Euro-
pean Anti-fraud Office provide that the Office is to
initiate and conduct administrative investigations
within the institutions, bodies and offices and
agencies established by or on the basis of the EC or
Euratom Treaties;

(1) OJ C 328, 26.10.1998, p. 95.
(2) See page 20 of this Official Journal.
(3) See page 1 of this Official Journal.
(4) See page 8 of this Official Journal.

situations

(4) Whereas, therefore, on the basis of their adminis-
trative autonomy, all the institutions, bodies and
offices and agencies should entrust to the Office
the task of conducting internal administrative
investigations with a view to bringing to light
serious
relating to the discharge of
professional duties which may constitute a failure
to comply with the obligations of officials and
the Communities, as referred to in
servants of
Articles 11, 12, second and third paragraphs, 13, 14,
16 and 17, first paragraph, of the Staff Regulations
of Officials and the Conditions of Employment of
Other Servants of
the European Communities
(hereinafter referred to as ‘the Staff Regulations'),
detrimental to the interests of those Communities
and liable to result in disciplinary or, in appropriate
cases, criminal proceedings, or serious misconduct,

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Official Journal of the European Communities

31. 5. 1999

as referred to in Article 22 of the Staff Regulations,
or a failure to comply with the analogous obliga-
tions of the members, managers or members of
staff of
the institutions, bodies and offices and
agencies of the Communities not subject to the
Staff Regulations;

(5) Whereas such investigations should be conducted
in full compliance with the relevant provisions of
the Treaties establishing the European Communi-
ties, in particular the Protocol on privileges and
immunities, and of the texts implementing them
and the Staff Regulations;

(6) Whereas such investigations should be carried out
under equivalent conditions in all the Community
institutions, bodies
and agencies;
whereas assignment of
this task to the Office
should not affect the responsibilities of the institu-
tions, bodies, offices or agencies themselves and
should in no way reduce the legal protection of the
persons concerned;

and offices

(7) Whereas, pending the amendment of

the Staff
Regulations, practical arrangements should be laid
down stipulating how the members of the institu-
tions and bodies, the managers of the offices and
agencies and the officials and servants of the insti-
tutions, bodies and offices and agencies are to
cooperate in the smooth operation of the internal
investigations,

Having conferred with a view to drawing up common
rules for that purpose,

Calling on the other institutions, bodies and offices and
agencies to accede to this Agreement,

HEREBY AGREE:

1. To adopt common rules consisting of

the imple-
menting measures required to ensure the smooth
operation of
the investigations carried out by the
Office within their institution. These investigations
shall serve the purpose of:

(cid:190) fighting against fraud, corruption and any other
illegal activity detrimental to the financial interests
of the European Communities,

(cid:190) bringing to light serious situations relating to the
discharge of professional duties which may consti-
tute a failure to comply with the obligations of
officials or other servants of
the Communities
liable to result in disciplinary or, in appropriate
cases, criminal proceedings or a failure to comply
with the analogous obligations of the members,
managers or members of staff not subject to the
Staff Regulations.

shall be carried out

These investigations
in full
compliance with the relevant provisions of the Treaties
establishing the European Communities, in particular
the Protocol on privileges and immunities, of the texts
implementing them and the Staff Regulations.

They shall also be carried out in accordance with the
terms and conditions laid down by the regulations of
the European Community and the European Atomic
Energy Community.

2. To draw up such rules and make them immediately
applicable by adopting an internal decision in accord-
ance with the model attached to this Agreement and
not to deviate from that model save where their own
particular requirements make such deviation a tech-
nical necessity.

3. To recognise the need to send to the Office, for an
opinion, any request for the waiver of the immunity
from judicial proceedings of an official or servant
relating to any cases of fraud or corruption or any
other illegal activity. If a request for the waiver of
immunity concerns one of their members, the Office
shall be informed.

4. To communicate to the Office the provisions which
they have drawn up to implement this Agreement.

This Agreement may be amended only with the express
consent of the signatory institutions.

The other institutions, and the bodies and offices and
agencies established by or on the basis of the EC Treaty
or the Euratom Treaty, are hereby invited to accede to this
Agreement by forwarding a declaration addressed jointly
to the Presidents of the signatory institutions.

This Agreement shall enter into force on 1 June 1999.

Done at Brussels, 25 May 1999.

For the European
Parliament

The President

J. M. GIL-ROBLES

For the Council
of the European Union

For the Commission
of the European Communities

The President

H. EICHEL

The President

J. SANTER

31. 5. 1999

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Official Journal of the European Communities

L 136/17

ANNEX

‘MODEL DECISION'

(INSTITUTION/BODY or OFFICE/AGENCY) DECISION

of

concerning the terms and conditions for internal investigations in relation to the prevention of
fraud, corruption and any illegal activity detrimental to the Communities’ interests

INSTITUTION, BODY, OFFICE or AGENCY

Having regard to (legal basis)

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Regulation (EC) No 1073/1999 of the European Parliament and of the Council (1) and Council
Regulation (Euratom) No 1074/1999 (2) concerning investigations conducted by the European Anti-
fraud Office provide that the Office is to initiate and conduct administrative investigations within the
institutions, bodies and offices and agencies established by or on the basis of the EC Treaty or the
Euratom Treaty;

The responsibility of the European Anti-fraud Office as established by the Commission extends
beyond the protection of financial interests to include all activities relating to the need to safeguard
Community interests against irregular conduct liable to give rise to administrative or criminal proceed-
ings;

The scope of the fight against fraud should be broadened and its effectiveness enhanced by exploiting
existing expertise in the area of administrative investigations;

Therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and
agencies should entrust to the Office the task of conducting internal administrative investigations with
a view to bringing to light serious situations relating to the discharge of professional duties which may
constitute a failure to comply with the obligations of officials and servants of the Communities, as
referred to in Articles 11, 12, second and third paragraphs, 13, 14, 16 and 17, first paragraph, of the
Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European
Communities (hereinafter referred to as ‘the Staff Regulations'), detrimental to the interests of those
Communities and liable to result in disciplinary or, in appropriate cases, criminal proceedings, or
serious misconduct, as referred to in Article 22 of the Staff Regulations, or a failure to comply with the
analogous obligations of the Members, managers or members of staff of the institutions, bodies and
offices and agencies of the Communities not subject to the Staff Regulations;

Such investigations should be conducted in full compliance with the relevant provisions of the Treaties
establishing the European Communities, in particular the Protocol on privileges and immunities, of
the texts implementing them and the Staff Regulations;

Such investigations should be carried out under equivalent conditions in all the Community institu-
tions, bodies and offices and agencies; assignment of this task to the Office should not affect the
responsibilities of the institutions, bodies, offices or agencies themselves and should in no way reduce
the legal protection of the persons concerned;

Pending the amendment of the Staff Regulations, practical arrangements should be laid down stipu-
lating how the members of the institutions and bodies, the managers of the offices and agencies and
the officials and servants of the institutions, bodies and offices and agencies are to cooperate in the
smooth operation of the internal investigations,

(1) OJ L 136, 31.5.1999, p. 1.
(2) OJ L 136, 31.5.1999, p. 8.

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Official Journal of the European Communities

31. 5. 1999

HAS DECIDED AS FOLLOWS:

Article 1

Duty to cooperate with the Office

The Secretary-General, the services and any manager, official or servant of (the institution, body, office or
agency) shall be required to cooperate fully with the Office’s agents and to lend any assistance required to the
investigation. With that aim in view, they shall supply the Office’s agents with all useful information and
explanations.

Without prejudice to the relevant provisions of the Treaties establishing the European Communities, in
particular the Protocol on privileges and immunities, and of the texts implementing them, members shall
cooperate fully with the Office.

Article 2

Duty to supply information

Any official or servant of (the institution, body, office or agency) who becomes aware of evidence which gives
rise to a presumption of the existence of possible cases of fraud, corruption or any other illegal activity
detrimental to the interests of the Communities, or of serious situations relating to the discharge of profes-
sional duties which may constitute a failure to comply with the obligations of officials or servants of the
Communities liable to result in disciplinary or, in appropriate cases, criminal proceedings, or a failure to
comply with the analogous obligations of the members, managers or members of staff not subject to the Staff
Regulations, shall inform without delay his Head of Service or Director-General or, if he considers it useful,
his Secretary-General or the Office direct.

The Secretary-General, the Directors-General and the Heads of Service or managers of (the institution, body or
office or agency) shall transmit without delay to the Office any evidence of which they are aware from which
the existence of irregularities as referred to in the first paragraph may be presumed.

Managers, officials or servants of (the institution, body, office or agency) must in no way suffer inequitable or
discriminatory treatment as a result of having communicated the information referred to in the first and
second paragraphs.

Members who acquire knowledge of facts as referred to in the first paragraph shall inform the President of the
institution (or body) or, if they consider it useful, the Office direct.

Article 3

Assistance from the security office

At the request of the Director of the Office, the (the institution, body, office or agency)’s security office shall
assist the Office in the practical conduct of investigations.

Article 4

Informing the interested party

Where the possible implication of a member, manager, official or servant emerges, the interested party shall be
informed rapidly as long as this would not be harmful to the investigation. In any event, conclusions referring
by name to a member, manager, official or servant of (the institution, body, office or agency) may not be drawn
once the investigation has been completed without the interested party’s having been enabled to express his
views on all the facts which concern him.

In cases necessitating the maintenance of absolute secrecy for the purposes of the investigation and requiring
the use of investigative procedures falling within the remit of a national judicial authority, compliance with
the obligation to invite the member, manager, official or servant of (the institution, body, office or agency) to
give his views may be deferred in agreement with the President or the Secretary-General respectively.

Article 5

Information on the closing of the investigation with no further action taken

If, following an internal investigation, no case can be made out against a member, manager, official or servant
of (the institution, body, office or agency) against whom allegations have been made, the internal investigation
concerning him shall be closed, with no further action taken, by decision of the Director of the Office, who
shall inform the interested party in writing.

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Official Journal of the European Communities

L 136/19

Article 6

Waiver of immunity

Any request from a national police or judicial authority regarding the waiver of the immunity from judicial
proceedings of a manager, official or servant of (the institution, body, office or agency) concerning possible
cases of fraud, corruption or any other illegal activity shall be transmitted to the Director of the Office for his
opinion. If a request for waiver of immunity concerns a member of the institution (or body), the Office shall
be informed.

Article 7

Effective date

This Decision shall take effect on 1 June 1999.

Done at

For (the institution, body, office or agency)