1999/396/EC, ECSC, Euratom: Commission Decision of 2 June 1999 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 (notified under document number SEC(1999) 802)
Date: 1999-06-02
Institutions: European Commission
Subjects: EU control, corruption, duties of civil servants, fact-finding mission, fraud, fraud against the EU

16. 6. 1999

EN

Official Journal of the European Communities

L 149/57

COMMISSION DECISION

of 2 June 1999

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

(notified under document number SEC(1999) 802)

(1999/396/EC, ECSC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 218 thereof,

Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Article 16
thereof,

Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Article 131
thereof,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1073/1999 of the European
the Council (1) and Council
Parliament and of
Regulation (Euratom) No 1074/1999 (2) concerning
investigations conducted by the European Anti-
Fraud Office (hereinafter ‘the 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 Euratom Treaty;

the responsibility of the 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
liable to give rise to
against
administrative or criminal procedings;

irregular conduct

the fight against

the scope of
fraud should be
enhanced by
broadened and its
exploiting existing expertise in the area of adminis-
trative investigations;

effectiveness

its

administrative
therefore, on the basis of
autonomy, the Commission should entrust to the
Office the task of conducting internal adminis-
trative investigations with a view to bringing to
light serious situations relating to the discharge of
professional duties which may constitute a failure

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

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 of the European Communities and the
Conditions of Employment of Other Servants
(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 obliga-
tions of
the Commission or
members of the Commission’s staff not subject to
the Staff Regulations;

the Members of

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

such investigations should be carried out under
equivalent conditions in all the Community insti-
tutions, bodies and offices and agencies; assignment
of this task to the Office should not affect the
responsibilities of the institutions, bodies or agen-
cies 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 Commission and its
officials and servants are to cooperate in the
smooth operation of the internal investigations;

the Commission’s Decision of 14 July 1998
concerning investigations carried out by the Task
Force ‘Coordination of
fraud',
together with its
rules of 9
December 1998, should be repealed,

the fight against

implementing

(5)

(6)

(7)

(8)

L 149/58

EN

Official Journal of the European Communities

16. 6. 1999

HAS DECIDED AS FOLLOWS:

Article 3

Article 1

Duty to cooperate with the Office

At the request of the Director of the Office, the Commis-
sion’s Security Office shall assist the Office in the prac-
tical conduct of investigations.

Assistance from the Security Office

The Secretary-General, the services and any official or
servant of the Commission 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 informa-
tion and explanations.

Without prejudice to the relevant provisions of the Treat-
ies establishing the European Communities, in particular
the Protocol on privileges and immunities, and the texts
implementing them, Members of the Commission shall
cooperate fully with the Office.

Article 2

Duty to supply information

Any official or servant of the Commission 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 professional duties which may constitute a
failure to comply with the obligations of officials or
servants of the Communities liable to result in discip-
linary or, in appropriate cases, criminal proceedings, or a
failure to comply with the analogous obligations of the
the
Members of
Commission’s staff not subject to the Staff Regulations,
shall
inform without delay his Head of Service or
Director-General or, if he considers it useful, the Secre-
tary-General of the Commission or the Office direct.

the Commission or members of

the Directors-General and the
The Secretary-General,
Heads of Service of
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.

the Commission shall

Officials or servants of the Commission shall in no way
suffer inequitable or discriminatory treatment as a result
of having communicated the information referred to in
the first and second paragrpahs.

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

Article 4

Informing the interested party

Where the possible implication of a Member, official or
servant of the Commission 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, official or servant of the
Commission 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, official or servant of the Commis-
sion to give his views may be deferred in agreement with
the President of the Commission or its 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, official or servant of the
Commission 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.

Article 6

Waiver of immunity

Any request from a national police or judicial authority
regarding the waiver of immunity from judicial proceed-
ings of an official or
the Commission
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 Commission, the
Office shall be informed.

servant of

16. 6. 1999

EN

Official Journal of the European Communities

L 149/59

Article 7

Repeal

The Commission’s Decision of 14 July 1998 concerning investigations carried out by the
Task Force ‘Coordination of the fight against fraud', together with its implementing rules
of 9 December 1998, are hereby repealed.

Article 8

Effective date

This Decision shall take effect on 1 June 1999.

Done at Brussels, 2 June 1999.

For the Commission

The President

Jacques SANTER