COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council concerning investigations conducted by the European Anti-fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and of the Council Regulation (Euratom) No 1074/1999
Date: 2013-03-08
Institutions: European Commission
Subjects: EU control, European Anti-fraud Office, corruption, drafting of EU law, fraud against the EU, interinstitutional cooperation (EU), rights of the defence

EUROPEAN 
COMMISSION 

Brussels, 8.3.2013  
COM(2013) 140 final 

2006/0084 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council concerning investigations conducted by the European Anti-fraud Office 
(OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and 
of the Council and of the Council Regulation (Euratom) No 1074/1999  

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2006/0084 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council concerning investigations conducted by the European Anti-fraud Office 
(OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and 
of the Council and of the Council Regulation (Euratom) No 1074/1999  

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2006) 244 final – 2006/0084 COD): 

4 July 2006. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

n.a. 

Date of the position of the European Parliament, first reading: 

20 November 2008. 

Date of transmission of the amended proposal: 

17 March 2011. 

Date of adoption of the position of the Council: 

25 February 2013. 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  amended  proposal  of  the  Commission  for  amending  Regulation  (EC)  1073/1999 
concerning investigations conducted by OLAF focuses on clarifying the procedural rights of 
the  persons  concerned  by  OLAF  investigations  and  on  enhancing  the  efficiency  of  its 
investigations, as well as on improving the cooperation with its partners (EU institutions and 
bodies, Member States, international organisations). The proposal also aims at clarifying the 
role  of  the  OLAF  Supervisory  Committee  and  establishing  an  exchange  of  views  with  the 
institutions at political level to discuss the Office’s policy priorities. 

COMMENTS ON THE POSITION OF THE COUNCIL 

3. 
On 20 November 2008, the European Parliament adopted a resolution1 in first reading under 
the  co-decision  procedure.  It  put  forward  approximately  one  hundred  amendments  to  the 
Commission’s proposal.  

In  March  2011,  the  Commission  adopted  an  amended  proposal  for  a  Regulation  of  the 
European Parliament and of the Council amending Regulation (EC) No 1073/1999 concerning 
investigations conducted by the European  Anti-Fraud Office (OLAF) and repealing Council 

1 

European Parliament legislative resolution of 20 November 2008 on the proposal for a regulation of the 
European  Parliament  and  of  the  Council  amending  Regulation  (EC)  No  1073/1999  concerning 
investigations  conducted  by  the  European  Anti-Fraud  Office  (OLAF),  P6_TA-PROV(2008)  553.  For 
the preparing report see A6-0394/2008. 

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Regulation (Euratom) No 1074/1999. 

Informal  tripartite  discussions  took  place  from  October  2011  to  June  2012,  with  a  view  to 
reaching an agreement at the stage of Council's first reading. 

On 4 December 2012 the Council confirmed its political agreement on the agreed text, and on 
25 February 2013, the Council adopted its first reading position. All the amendments brought 
to  the  Commission  amended  proposal  have  been  agreed  during  the  informal  tripartite 
discussions. 

4. 

CONCLUSION 

The  Commission  can  therefore  accept  the  amendments  introduced  by  the  Council  to  its 
proposal. 

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