Rules of procedure of the OLAF Supervisory Committee
Date: 2006-08-24
Institutions: European Anti-Fraud Office, European Commission
Subjects: European Anti-fraud Office, rules of procedure

19.12.2006

EN

Official Journal of the European Union

C 311/63

THE EUROPEAN ANTI-FRAUD OFFICE (OLAF)

RULES OF PROCEDURE OF THE OLAF SUPERVISORY COMMITTEE

(2006/C 311/19)

THE SUPERVISORY COMMITTEE,

Having regard to Article 11(6) of Regulation (EC) No 1073/
1999 of the European Parliament and of the Council of 25 May
1999 concerning investigations conducted by the European
Anti-Fraud Office (OLAF) (1),

Having regard to Article 11(6) of Regulation (Euratom) No
1074/1999 of the European Parliament and of the Council of
25 May 1999 concerning investigations conducted by the Euro-
pean Anti-Fraud Office (OLAF) (2),

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

TITLE I

ROLE AND RESPONSIBILITIES OF THE

SUPERVISORY

COMMITTEE

Article 1

Tasks

The Supervisory Committee of the European Anti-Fraud Office
(OLAF) shall carry out the tasks laid down in Regulation (EC)
No 1073/1999 and Regulation (Euratom) No 1074/1999.

Article 2

Powers

In performing its tasks, the Supervisory Committee shall
1.
exercise the powers laid down in Regulation (EC) No 1073/
1999 and Regulation (Euratom) No 1074/1999 and other
applicable provisions.

In particular, in order to conduct regular monitoring of
2.
the implementation of the investigative function of OLAF, the
Supervisory Committee may, in conjunction with OLAF, estab-
lish arrangements setting out detailed rules on such monitoring.
Such arrangements shall also set out mechanisms for the confi-
dential treatment of information and documents provided by
OLAF and other matters of common interest.

3.
The Supervisory Committee shall take appropriate deci-
sions on the information forwarded to it by the Director-
General of OLAF,
in accordance with Article 11(7) of Regu-
lation (EC) No 1073/1999 and Article 11(7) of Regulation
(Euratom) No 1074/1999.

The Supervisory Committee shall exercise its powers in

4.
accordance with the provisions of Title III.

TITLE II

COMPOSITION AND OPERATION

Article 3

Composition

1.
The composition and method of appointment and the
term of office of members of the Supervisory Committee are
laid down in Regulation (EC) No 1073/1999 and Regulation
(Euratom) No 1074/1999.

2. Where a member of
the Supervisory Committee is
prevented from serving on the Committee or resigns his seat, he
shall notify the chairman of the Committee accordingly so that
appropriate measures can be taken.

Article 4

Ethics

1.
In accordance with Article 11(5) of Regulation (EC)
No 1073/1999 and Article 11(5) of Regulation (Euratom)
No 1074/1999, in carrying out their duties, the members of the
Supervisory Committee shall neither seek nor take instructions
from any government or any institution, body, office or agency.

Likewise, as provided for in the Decision on their appoint-
2.
ment, they shall not deal with a matter in which, directly or
indirectly, they have any personal
interest such as to impair
their independence, and, in particular, any family or financial
interests.

They shall treat the files submitted to them and their delibera-
tions concerning them in strict secrecy.

3.
The members of the Supervisory Committee shall inform
it of any situation liable to compromise any of the principles
governing its activity as referred to in paragraphs 1 and 2 so
that the Committee may take appropriate measures.

Article 5

Chairmanship

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

The Supervisory Committee shall elect a chairman from

1.
among its members by a majority of its members.

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The chairman shall be elected for a term of one year and
2.
may be re-elected. The election shall be held at the last meeting
chaired by the outgoing chairman.

3. Where the chairman is prevented for any reason from
performing his duties over a long period, he shall inform the
Committee members of his situation.
In that event, a new
chairman shall be elected by the procedure set out in para-
graph 1.

4.
The chairman shall represent the Supervisory Committee
and chair its meetings. He shall ensure that its proceedings are
properly conducted. The chairman shall convene Committee
meetings and determine where, on what date and at what time
they shall take place. He shall draw up the draft agenda and
ensure that the decisions of the Committee are implemented.

5. Where he is temporarily unable to perform his duties, the
chairman may request a Committee member to deputise for
him.

6.
If the chairman is absent and the procedure referred to in
paragraph 5 has not been employed, the office of chairman
shall be exercised by the oldest member.

concerning

The chairman shall have full power to send or reply to
7.
letters
activities. The
Supervisory Committee
chairman shall inform Committee members of the letters which
he has received or to which he has replied.

Article 6

Meetings

1.
The Supervisory Committee shall exercise its powers when
meeting as a body. It shall meet at least ten times per year. It
shall be quorate only if the majority of its members are present.
It shall also meet on the initiative of the chairman or at the
request of a majority of its members.

2.
Other than in cases which the chairman considers urgent,
notices of meetings shall be sent in sufficient time to reach the
recipients at least one week before the meeting in question. The
notice shall
include the draft agenda and the documents
required for the meeting, unless the nature of the documents is
such that they cannot be attached. The final agenda shall be
adopted at the beginning of each meeting.

Any member may request the chairman to place items or

3.
specific matters on the draft agenda or add such items thereto.

At

the request of

4.
the
chairman may convene the Supervisory Committee or place
items on the agenda. The proposals of the Director-General
shall be accompanied by the necessary documents.

the Director-General of OLAF,

The Supervisory Committee may invite the Director-
5.
General of OLAF to take part
in meetings and activities
connected with its work. Other members of OLAF may be
invited to take part in a meeting of the Committee if their
presence is deemed necessary. Such invitations shall be made
through the Director-General of OLAF.

The Director-General of OLAF shall be informed of items on
the agenda relating to participation by the persons referred to in
the first subparagraph.

Any representative of the institutions, bodies, offices or
6.
agencies of
the Communities, Member States or associated
States may be invited to participate in the Supervisory Commit-
tee's work relating to a particular item on the meeting's agenda.

Article 7

Working methods

1. Meetings of the Supervisory Committee shall not be held
in public. Its proceedings and the Committee's internal docu-
ments on which they are based shall be confidential, unless the
Committee decides otherwise.

Documents and information submitted by the Director-General
of OLAF shall be subject to the provisions of Article 287 of the
EC Treaty on the protection of confidentiality, of Article 8 of
Regulation (EC) No 1073/1999 and of Article 8 of Regulation
(Euratom) No 1074/1999.

2.
The Supervisory Committee shall adopt a maximum of
three working languages. Documents and draft opinions, reports
or decisions shall be drawn up in the working languages
adopted by the Committee. Where necessary, a member may
request that any document be translated into his own language.

Opinions, reports and decisions shall be adopted at meet-

3.
ings of the Supervisory Committee in plenary session.

4.
However, by way of exception to that principle, certain
decisions may be taken by written procedure where the Supervi-
sory Committee has approved the use of such a procedure at an
earlier meeting.

In urgent cases, the chairman may consult members of the
Committee in writing.

In either of those cases, he shall forward a draft decision to the
Committee members. If the members raise no objections to the
to be specified by the
draft decision within a time-limit
chairman, namely five working days following receipt of the
proposal, the proposal shall be deemed to have been adopted. If,
within five working days of receipt of the draft decision, a
member requests that it be discussed by the Committee, the
written procedure shall be suspended.

Article 8

Rapporteurs

1.
To prepare for its discussions or proceedings, the Supervi-
sory Committee, on a proposal by the chairman, may appoint
one or more rapporteurs from among its members.

2.
If the matter to be dealt with is urgent, the chairman may
make the appointment on his own initiative. In that event, he
shall inform the Committee members forthwith.

The rapporteur shall consider matters entrusted to his
3.
responsibility and submit a draft report
to the Supervisory
Committee. Where necessary, he shall be assisted by the
Committee secretariat.

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Article 9

Checks, studies, and expert advice

Within the scope of its powers, the Supervisory Committee may
carry out appropriate checks, conduct any study or obtain any
necessary expert advice. It may also request the assistance of
officials or other servants of OLAF or of the institutions, bodies,
offices or agencies of the Communities, Member States or asso-
ciated States.

Article 10

Voting procedure

Decisions shall be taken by a majority of the members of

1.
the Supervisory Committee on a proposal by the chairman.

On a proposal by a member, a vote may be taken by

2.
secret ballot.

Article 11

Minutes

1. Minutes shall be taken of every Supervisory Committee
meeting. They shall be drawn up in the Committee's working
languages.

2.
The draft minutes shall be drawn up by the secretariat
under the supervision of the chairman and submitted to the
members of the Supervisory Committee with a view to their
approval at its next meeting.

3.
Any member may propose at the time of approval that
the minutes be amended. Members may likewise request that
any written statements or documents deemed useful be attached
to the minutes.

4.
Once the minutes have been adopted, the chairman and
the person responsible for the secretariat shall sign them and
they shall be archived in the records of the Committee secre-
tariat. The minutes may be made public if the Committee so
decides.

Article 12

Secretariat

1.
In accordance with Article 11(6) of Regulation (EC)
No 1073/1999 and Article 11(6) of Regulation (Euratom)
No 1074/1999, the Supervisory Committee shall have a secre-
tariat to assist it in the performance of its duties.

The Supervisory Committee shall

2.
inform the Director-
General of OLAF of the secretariat's needs as regards suitable
staff and resources to ensure the performance of the Commit-
tee's duties and to guarantee the continuity of its work.

Secretariat staff shall be required to treat as confidential
3.
information which comes to their knowledge. They shall remain
bound by that obligation after leaving the service. If the Supervi-
sory Committee becomes aware that a member of the secretariat
has
the
infringed the obligation to respect confidentiality,
chairman shall notify the Director-General of OLAF so that
appropriate action may be taken.

It shall

The secretariat shall contribute to the efficient perfor-
4.
mance of the tasks assigned to the Supervisory Committee with
a view to reinforcing OLAF's independence.
in that
respect assist the chairman in the preparations for and the
conduct of meetings. It shall draw up a draft agenda for each
meeting, draw up draft minutes of meetings, supply Committee
members with information and documents relating to every
sphere of their activities, assist, under the chairman's direction,
in the drafting of texts, and assist Committee members, espe-
cially when they act as rapporteurs. For that purpose, members
of the secretariat shall attend meetings as necessary with rappor-
teurs in order to carry out those tasks.

TITLE III

EXERCISE OF POWERS

Article 13

Action to be taken on information supplied by the
Director-General

The

Supervisory Committee,

the
1.
programme of activities forwarded to it by the Director-General
of OLAF each year, may deliver an opinion setting out relevant
comments on any area that falls within its remit.

examining

after

It shall also study the information sent to it regularly by the
Director-General concerning OLAF's activities, and shall deliver
opinions on that information in conformity with the second
subparagraph of Article 11(1) of Regulation (EC) No 1073/
1999 and the second subparagraph of Article 11(1) of Regu-
lation (Euratom) No 1074/1999.

2.
In accordance with Article 11(7) of Regulation (EC)
No 1073/1999 and Article 11(7) of Regulation (Euratom)
No 1074/1999, the Supervisory Committee shall be kept regu-
larly informed of OLAF's investigations, the results thereof and
the action taken on them. The Committee may make appro-
priate comments without, however, interfering with the conduct
of investigations in progress.

3.
The Supervisory Committee shall examine the reasons
why it has not been possible to wind up an investigation that
has been in progress for more than nine months and shall also
examine the expected time for completion.

4.
The Committee shall examine cases where an institution,
body, office or agency has failed to act on the recommendations
made by the Director-General. It shall at the same time consider
situations in which the work of OLAF investigators has been
obstructed, delayed or prevented, with a view to taking appro-
priate action.

5.
Cases requiring information to be forwarded to the judicial
authorities of a Member State shall be examined on the basis of
the information provided by the Director-General of OLAF and
in accordance with Regulation (EC) No 1073/1999 and Regu-
lation (Euratom) No 1074/1999. Follow-up shall also be carried
out on this basis.

6. While assisting the Director-General of OLAF in dischar-
ging his responsibilities, the Supervisory Committee may deliver
opinions on OLAF's contribution to the design and develop-
ment of methods of fighting fraud and other illegal activity
affecting the financial interests of the Communities.

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Article 14

Activity report

and

11(8)

In accordance with Article 11(8) of Regulation (EC)
1.
Regulation
1073/1999
Article
No
(Euratom) No 1074/1999,
the Supervisory Committee shall
adopt at least one report on its activities per year and send it to
the institutions. The report shall cover the activities pursued in
the exercise of the Committee's powers and contain an assess-
ment of OLAF's activities and the implementation of its annual
programme.

of

2.
The report shall be drawn up during the first half of each
year in respect of the preceding year and shall be submitted to
the Committee by one or more rapporteurs.

It may include an annex listing the opinions delivered by

3.
the Committee.

It may also be accompanied by any reports which the
Committee has submitted, pursuant to Article 11(8) of Regu-
lation (EC) No 1073/1999 or Article 11(8) of Regulation
(Euratom) No 1074/1999,
the
Council, the Commission and the Court of Auditors on the
the OLAF's investigations and the action taken
results of
thereon.

to the European Parliament,

4.
The Supervisory Committee shall take the necessary steps
to have its activity report published in the Official Journal of the
European Union, after sending it to the European Parliament, the
Council and the Commission.

Article 15

Opinion procedure for appointment of

the Director-

General

1.
After examining the applications for the post of Director-
issue an
General of OLAF, the Supervisory Committee shall
opinion containing an explanatory statement setting out the
criteria used to assess the candidates' merits.

It shall also contain the opinion of the Committee on the candi-
dates, as provided for by Article 12(2) of Regulation (EC)
No 1073/1999 and Article 12(2) of Regulation (Euratom) No
1074/1999.

2.
If no candidate has been given a favourable opinion, the
chairman shall inform the Commission that the Committee has
voted against the applications submitted.

Article 16

Article 17

Confidentiality and processing of personal data

1.
The Supervisory Committee shall ensure that Article 8 of
Regulation (EC) No 1073/1999 and Article 8 of Regulation
(Euratom) No 1074/1999 are applied.

Acting on its own initiative or on the initiative of the
the Supervisory Committee may

2.
Director-General of OLAF,
decide to deliver an opinion.

Article 18

Budget

The Supervisory Committee shall deliver an opinion on
1.
the preliminary draft budget submitted by the Director-General
of OLAF and addressed to the Commission's Directorate-General
for Budgets.

The secretariat shall draw up annual budget proposals for
2.
the operating purposes of the Supervisory Committee, which
shall be forwarded to the Director-General after they have been
approved by the Committee.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Article 19

Review and amendment of the Rules of Procedure

These Rules of Procedure shall be reviewed by the Supervi-

1.
sory Committee within one year of their entry into force.

Any member of the Committee may propose amendments
2.
them in writing to the chairman.
at any time and submit
Amendments shall be put
the first meeting
following their submission, in accordance with the voting proce-
dure set out in Article 10.

to the vote at

Article 20

Entry into force and publication of the Rules of Procedure

These Rules of Procedure shall enter into force on the day
1.
following their adoption by the Supervisory Committee. These
Rules of Procedure replace the former Rules of Procedure
published in the Official Journal of the European Communities
in 2000 (1).

After they have been adopted, the Supervisory Committee
2.
shall take the necessary steps to have them published in the
Official Journal of the European Union.

Disciplinary procedure applicable to the Director-General

Done at Brussels, 24 August 2006.

Where it has been consulted in accordance with Article 12(4) of
Regulation (EC) No 1073/1999 or Article 12(4) of Regulation
the Supervisory Committee shall
(Euratom) No 1074/1999,
issue a reasoned opinion.

For the OLAF Supervisory Committee

The Chairman

Rosalind WRIGHT

(1) OJ L 41, 15.2.2000.