Preliminary Draft COMMISSION DECISION amending its Decision (1999/352/EC/ECSC, Euratom) of 28 April 1999 establishing the European Anti-fraud Office
Date: 2011-03-17
Institutions: European Commission
Subjects: Community budget, EU control, committee of inquiry, corruption, fraud, fraud against the EU

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EUROPEAN COMMISSION 

Brussels, 17.3.2011 
SEC(2011) 343 final 

Preliminary Draft 

COMMISSION DECISION 

amending its Decision (1999/352/EC/ECSC, Euratom) of 28 April 1999 establishing the 
European Anti-fraud Office 

COM(2011) 135 final 

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Preliminary Draft 

COMMISSION DECISION 

amending its Decision (1999/352/EC/ECSC, Euratom) of 28 April 1999 establishing the 
European Anti-fraud Office 

THE EUROPEAN COMMISSION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 249 thereof; 

Whereas: 

(1) 

[]. 

(2) 

[…], 

HAS DECIDED AS FOLLOWS: 

Article 1 

Commission Decision 1999/352/EC, ECSC, Euratom is amended as follows: 

(1) 

Article 2 is amended as follows:  

(a) In paragraph 1, sub-paragraph 2(b) is replaced by the following: 

"to investigate to that end serious matters relating to the discharge of professional duties such 
as to constitute a dereliction of the obligations of officials and other servants of the European 
Union  liable  to  result  in  disciplinary  or,  as  the  case  may  be,  criminal  proceedings,  or  an 
equivalent failure to discharge obligations on the part of members of institutions and bodies, 
heads  of  offices  and  agencies  or  members  of  the  staff  of  institutions,  bodies,  offices  or 
agencies not subject to the Staff Regulations of officials and the Conditions of employment of 
other servants of the European Union." 

(b) The third subparagraph of paragraph 1 is replaced by the following: 

“The Office shall exercise the Commission’s powers in the above areas as they are defined in 
the  provisions  established  in  the  framework  of  the  Treaties  and  relevant  regulations,  and 
subject to the limits and conditions laid down therein. It shall act in the framework of its work 
programme  and  ensure  that  its  resources  are  used  efficiently  so  that  the  Union's  financial 
interests are effectively protected. It shall ensure that the means employed are proportionate to 
the  potential  financial  loss  and  to  the  facts  in  question.  It  shall  inform  the  competent 
Commission  departments  of  the  action  taken,  in  particular  on  the  basis  of  Articles 4(4)  and 
10(2) of Regulation (EC) No 1073/1999.” 

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(c) The fourth subparagraph of paragraph 1 is deleted. 

(d) Paragraph 5(b) is replaced by the following: 

“(b) ensuring  the collection and analysis of information. In  this connection, the Office shall 
carry  out  strategic  anti-fraud  analysis.  It  shall  collect,  evaluate,  process  and  analyse  data 
relating  to  fraud  adversely  affecting  the  Union's  financial  interests,  in  accordance  with 
arrangements to be determined by Commission decision;” 

(2) 

Article 5 is replaced by the following: 

“Article 5 

Director-General 

1. The Office shall be headed by a Director-General. The Director-General shall be appointed 
by the Commission, in accordance with the procedure specified in paragraph 2. The term of 
office of the Director-General shall be seven years and shall not be renewable. 

The Director-General shall be responsible for the Office’s conduct of investigations. 

2. 
In  order  to  appoint  a  new  Director-General,  the  Commission  shall  publish  a  call  for 
applications in the Official Journal of the European Union. This publication shall take place at 
the  latest  six  months  before  the  end  of  the  mandate  of  the  Director-General  in  office.  After 
having  carried  out  a  selection  procedure,  the  Commission  shall  draw  up  a  list  of  suitably 
qualified candidates, duly consult the European Parliament, the Council and as well as with 
the Supervisory Committee on the basis of this list and adopt its decision.  

The  Commission  shall  exercise,  with  regard  to  the  Director-General,  the  powers 
3. 
conferred on the appointing authority. Any decision on a request for assistance lodged by the 
Director-General  under  Article  24  of  the  Staff  Regulations  or  on  initiating  disciplinary 
proceedings under Article 3, Paragraph 1, point c of Annex IX to the Staff Regulations against 
the Director-General shall be taken by reasoned decision of the Commission, after consulting 
the  Supervisory  Committee.  The  decision  shall  be  communicated  for  information  to  the 
European Parliament, the Council and the Supervisory Committee.” 

(3) 

In Article 6, paragraphs 1 to 3 are replaced by the following:  

“1.  Regarding  to  the  staff  of  the  Office,  powers  of  the  appointing  authority  and  of  the 
authority empowered to conclude contracts of employment shall be delegated to the Director-
General  of  the  Office  to  the  extent  necessary  to  preserve  the  Office's  independence  as 
provided for in Article 3 of this Decision. 

The  Director-General  is  given  delegation  to  lay  down  the  conditions  and  detailed 
arrangements for recruiting at the Office, in particular as to the length of contracts and their 
renewals. 

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2.  After  consulting  the  Supervisory  Committee,  the  Director-General  shall  send  the 
Director-General for Budgets a preliminary draft budget to be entered in the annex concerning 
the Office to the Commission section of the general budget of the European Union. 

3.  The  Director-General  shall  act  as  authorising  officer  for  implementation  of  the 
appropriations entered in the annex concerning the  Office to the  Commission section of the 
general  budget  of  the  European  Union  and  the  appropriations  entered  under  the  anti-fraud 
budget  headings  for  which  powers  are  delegated  to  him  in  the  internal  rules  on 
implementation of the general budget. He shall be permitted to subdelegate his powers to staff 
members subject to the Staff Regulations of Officials or Conditions of Employment of Other 
Servants in accordance with the abovementioned internal rules.” 

(4) 

Articles 3 and 7 are amended as follows: 

“Director” is replaced by “Director-General”. 

Article  2(1),  sub-paragraph  1  and  sub-paragraph  2(a),  Article  4  and  Article  6(4)  are 

(5) 
amended as follows: 

“the Community” is replaced by “the Union”. 

Article 2 

This Decision shall take effect on the date of the entry into force of the Regulation amending 
Regulation (EC) No 1073/1999 and repealing Regulation (EURATOM) No 1074/1999.  

Done at Brussels,  

For the Commission 

Member of the Commission 

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