Corrigendum to the Rules of Procedure of the OLAF Supervisory Committee ( OJ C 311, 19.12.2006 )
Date: 2007-02-07
Institutions: European Anti-Fraud Office, European Commission
Subjects: European Anti-fraud Office, rules of procedure

7.2.2007

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CORRIGENDA

Corrigendum to the Rules of Procedure of the OLAF Supervisory Committee

(Official Journal of the European Union C 311 of 19 December 2006)

The Rules of Procedure of the OLAF Supervisory Committee should read as follows:

‘THE EUROPEAN ANTI-FRAUD OFFICE (OLAF)

RULES OF PROCEDURE OF THE OLAF SUPERVISORY COMMITTEE

CONTENTS

TITLE I — ROLE AND RESPONSIBILITIES OF THE SUPERVISORY COMMITTEE

Article 1

Tasks

Article 2

Powers

TITLE II — COMPOSITION AND OPERATION OF THE SUPERVISORY COMMITTEE

Article 3

Composition

Article 4

Ethics

Article 5

Chairmanship

Article 6

Meetings

Article 7

Working Methods

Article 8

Rapporteurs

Article 9

Checks, studies, and expert advice

Article 10

Voting procedure

Article 11

Minutes

Article 12

Secretariat

Article 13

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

TITLE III — EXERCISE OF POWERS

Article 14

Activity report

Article 15

Opinion procedure for appointment of the Director-General

Article 16

Disciplinary procedure applicable to the Director-General

Article 17

Confidentiality and processing of personal data

Article 18

Budget

TITLE IV — TRANSITIONAL AND FINAL PROVISIONS

Article 19

Review and amendment of the Rules of Procedure

Article 20

Entry into force and publication of the Rules of Procedure

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THE SUPERVISORY COMMITTEE,

The Supervisory Committee shall exercise its powers in

4.
accordance with the provisions of Title III.

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
European Anti-Fraud Office (OLAF) (2),

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE:

TITLE I

ROLE AND RESPONSIBILITIES OF THE

SUPERVISORY

COMMITTEE

Article 1

Tasks

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

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.

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.

Article 2

Powers

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

the powers

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

The

Supervisory Committee

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

shall

take

Likewise, as provided for

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

They shall treat the files submitted to them and their delib-
erations 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
In that event, a new
Committee members of his situation.
chairman shall be elected by the procedure set out
in
paragraph 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 Committee are im-
plemented.

the decisions of

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

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

3.
Any member may request the chairman to place items or
specific matters on the draft agenda or add such items thereto.

At

the request of

the
4.
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
the Communities, Member States or associated
in the Supervisory
item on the

6.
agencies of
States may be
Committee’s work relating to a particular
meeting’s agenda.

invited to participate

Article 7

Working methods

1. Meetings of the Supervisory Committee shall not be held
in public.
internal
documents on which they are based shall be confidential,
unless the Committee decides otherwise.

and the Committee’s

Its proceedings

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,
shall be drawn up in the working
reports or decisions
languages adopted by the Committee. Where necessary, a
member may request that any document be translated into
his own language.

Opinions,

3.
reports and decisions
meetings of the Supervisory Committee in plenary session.

shall be adopted at

However, by way of exception to that principle, certain
4.
decisions may be taken by written procedure where the Super-
visory 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
draft decision within a time-limit
to be specified by the
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 Super-
visory 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 as-
sociated States.

Committee with a view to reinforcing OLAF’s independence.
It shall 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,
texts, and assist Committee
members, especially when they act as rapporteurs. For that
purpose, members of the secretariat shall attend meetings as
necessary with rapporteurs in order to carry out those tasks.

in the drafting of

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.

TITLE III

EXERCISE OF POWERS

Article 13

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

2.
secret ballot.

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

Article 11

Minutes

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

The draft minutes shall be drawn up by the secretariat
2.
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.

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

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

Article 12

Secretariat

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

The Supervisory Committee shall

inform the Director-
2.
General of OLAF of the secretariat’s needs as regards suitable
staff
the
Committee’s duties and to guarantee the continuity of its work.

the performance of

and resources

to ensure

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

4.
The
performance of

secretariat
the

shall
tasks

contribute
assigned to the

to

the

efficient
Supervisory

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
Regulation (Euratom) No 1074/1999.

the

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

shall

be

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.

Cases

5.
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
and in accordance with Regulation (EC) No
of OLAF
1073/1999 and Regulation (Euratom) No 1074/1999. Follow-
up shall also be carried out on this basis.

assisting

responsibilities,

the Director-General of OLAF

in
6. While
discharging his
the Supervisory Committee
may deliver opinions on OLAF’s contribution to the design
fighting fraud and other
and development of methods of
illegal
the
interests
Communities.

affecting

financial

activity

the

of

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Article 14

Activity report

the Supervisory Committee shall adopt at

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

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

After examining the applications for the post of Director-
1.
General of OLAF, the Supervisory Committee shall
issue an
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
candidates, 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 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

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

2.
The secretariat shall draw up annual budget proposals for
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 Super-

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

Any member of the Committee may propose amendments
them in writing to the chairman.
the first meeting
in accordance with the voting

2.
at any time and submit
Amendments shall be put
following their submission,
procedure set out in Article 10.

to the vote at

Article 20

Entry into force and publication of the Rules of Procedure

1.
These Rules of Procedure shall enter into force on the day
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).

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

Article 16

Done at Brussels, 24 August 2006.

Disciplinary procedure applicable to the Director-General

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

For the OLAF Supervisory Committee
The Chairman

Rosalind WRIGHT

(1) OJ L 41, 15.2.2000.’.