Decision of the Management Board of the European Union Agency for Fundamental Rights of 23 October 2007 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
Date: 2007-10-23
Institutions: European Union Agency for Fundamental Rights
Subjects: EU office or agency, corruption, fraud

C 33/2

EN

Official Journal of the European Union

7.2.2008

EUROPEAN UNION AGENCY FOR FUNDAMENTAL
RIGHTS

Decision of the Management Board of the European Union Agency for Fundamental Rights

of 23 October 2007

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

(2008/C 33/03)

THE MANAGEMENT BOARD OF THE EUROPEAN UNION AGENCY
FOR FUNDAMENTAL RIGHTS,

Having regard to the Council Regulation (EC) No 168/2007 of
15 February 2007 establishing a European Union Agency for
Fundamental Rights,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1073/1999 of the European Parlia-
the Council (1) and Council Regulation
ment and of
(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 administra-
tive or criminal proceedings.

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

serious

situations

Therefore, on the basis of their administrative autonomy,
the institutions, bodies and offices and agencies
all
should entrust
to the Office the task of conducting
internal administrative investigations with a view to
bringing to light
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 particular,
in Articles 11, 11a, 12b, 13, 16 and 17 of the Staff
Regulations of Officials and the Conditions of Employ-
ment of Other Servants of the European Communities
(hereafter referred to as ‘the Staff Regulations’), detri-
mental to the interests of the Communities and liable to

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

result in disciplinary or,
in appropriate cases, criminal
proceedings, or serious misconduct/failure, as referred to,
in particular, in Article 22 and 22a of the Staff Regula-
tions, or a failure as referred to in Article 86 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.

(5)

(6)

Such investigations should be conducted in full compli-
ance with the relevant provisions of the Treaties estab-
lishing the European Communities,
the
Protocol on privileges and immunities, of the texts imple-
menting them and the Staff Regulations.

in particular

Such investigations should be carried out under equiva-
lent conditions in all the Community institutions, bodies
and offices and agencies; 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,

HAS ADOPTED THE FOLLOWING DECISION:

1. Duty to cooperate with the Office

The Director, the services and any manager, official or servant
of the European Union Agency for Fundamental Rights, here-
after referred to as ‘the Agency’, as well as members of staff not
subject to the Staff Regulations, 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.

the Treaties
Without prejudice to the relevant provisions of
the
establishing the European Communities,
Protocol on privileges and immunities, and of the texts imple-
menting them, members of the Agency's Management Board
shall cooperate fully with the Office.

in particular

7.2.2008

EN

Official Journal of the European Union

C 33/3

2. Duty to supply information

Any official or servant of the 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 professional duties which
may constitute a failure to comply with the obligations of offi-
cials or servants of the Communities liable to result in disci-
in appropriate cases, criminal proceedings, or a
plinary or,
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 or her Head of Unit
or the Agency's Director as the case may be or, if he or she
considers it useful, the Office direct.

The Chair of the Management Board, the Director or managers
of the 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 Agency or members of
staff not subject to the Staff Regulations 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 of the Management Board who acquire knowledge of
facts as referred to in the first paragraph shall inform the Chair
of the Management Board or,
if they consider it useful, the
Office direct.

3. Assistance from the security office/relevant official

the request of

At
the Agency's
security office or relevant official shall assist the Office in the
practical conduct of investigations.

the Director of

the Office,

her views on all the facts which concern him or her. The
conclusions shall make reference to these views.

In cases necessitating the maintenance of absolute secrecy for
the purposes of the investigation and requiring the use of inves-
tigative procedures falling within the remit of a national judicial
authority, compliance with the obligation to invite the member
of staff, manager, official or servant of the Agency or member
of staff not subject to the Staff Regulations to give his or her
views may be deferred in agreement with the Chair of
the
Management Board or the Director of the Agency respectively.
In such cases, no disciplinary proceedings may be opened before
the interested party has been given a chance to comment.

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 of staff, manager, official or servant of the
Agency or member of staff not subject to the Staff Regulations
against whom allegations have been made, the internal investi-
gation concerning him or her shall be closed, with no further
action taken, by decision of the Director of the Office, who
shall inform the interested party in writing. The interested party
may request that this decision be inserted in his or her personal
file.

6. Waiver of immunity

from a national police or

Any request
judicial authority
regarding the waiver of the immunity from judicial proceedings
of a manager, official or servant of the Agency or member of
staff not subject to the Staff Regulations concerning possible
cases of fraud, corruption or any other illegal activity shall be
transmitted to the Director of the Office for his or her opinion.
If a request for waiver of immunity concerns a member of the
Management Board of the Agency, the Office shall be informed.

4. Informing the interested party

7. Effective date

Where the possible implication of a member of staff, manager,
official or servant or members of staff not subject to the Staff
the interested party shall be informed
Regulations emerges,
rapidly as long as this would not be harmful to the investiga-
tion. In any event, conclusions referring by name to a member
of staff, manager, official or servant or member of staff not
the Agency may not be
subject to the Staff Regulations of
drawn once the investigation has been completed without the
interested party's having had the opportunity to express his or

This Decision shall take effect on the date of its publication in
the Official Journal of the European Union.

Vienna, 23 October 2007.

Anastasia CRICKLEY

Chairperson of the FRA Management Board