27.6.2023
EN
Official Journal of the European Union
C 225/5
1.
The Committee in a nutshell 1.
The Supervisory Committee of the European Anti-Fraud Office (OLAF) (‘the Committee’) is an independent body established by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (1) (the ‘OLAF Regulation’) to reinforce and guarantee OLAF’s independence by regularly monitoring the implementation of OLAF’s investigative function. 2.
The Committee is composed of five independent outside experts (‘the members’), appointed by common agreement of the European Parliament, the Council and the European Commission for 5 years (2).
The members perform their role in complete independence and may neither seek nor take instructions from any government or EU institution, body, office or agency.
The Committee is supported in its work by a Secretariat, working on a permanent basis under the Committee’s direct authority, independently from the Commission, OLAF or any other body.
The Secretariat plays a key role in facilitating and contributing to the Committee’s monitoring tasks. 3.
Given the nature of OLAF investigations, no recourse before the EU Courts is possible against the decision of the OLAF Director-General to open or close an inquiry.
This de facto makes the Committee the only entity that can supervise OLAF and scrutinise the way investigations are conducted.
Thus, the Committee enjoys a privileged position, as it provides the EU institutions with an insight into OLAF’s functioning based on its monitoring role, and provides an assurance that OLAF is acting within the limits of legality and in compliance with the applicable procedural guarantees. 4.
Under the OLAF Regulation the Committee is entrusted with a threefold role: regular monitoring of OLAF’s investigatory function, assisting OLAF’s Director-General in discharging his responsibilities, and reporting to the EU institutions. 5.
More particularly, by regularly monitoring OLAF’s investigations the Committee seeks to ensure that: (i) there is no external interference in OLAF’s investigative function; (ii) all relevant decisions of the DG are adopted according to the principles of legality and impartiality and are in compliance with the Charter of Fundamental Rights of the European Union and the procedural guarantees (3). 6.
In performing its tasks the Committee (i) addresses to the Director-General of OLAF opinions and, where appropriate, recommendations on OLAF’s investigative activities, the duration of its investigations and the resources needed by OLAF to carry out those investigations, and also (ii) formulates observations on OLAF’s draft guidelines for investigation procedures (‘GIPs’).
In issuing its opinions and recommendations the Committee never interferes with the conduct of ongoing investigations. 2.
A year full of changes 2.1.
New composition of the Supervisory Committee 7.
Article 15(2) of the OLAF Regulation provides that the Supervisory Committee of the European Anti-Fraud Office is composed of five independent members who are appointed by common agreement of the European Parliament, the Council and the Commission.
According to Article 15(3) of the OLAF Regulation, the term of office of the members of the Supervisory Committee is 5 years and is not renewable.
Three and two members are replaced alternately in order to preserve the Supervisory Committee’s expertise. 8.
The mandate of two members of the Supervisory Committee, Ms Grażyna Stronikowska and Mr Rafael Muñoz López-Carmona, ended on 12 July 2021, and the mandate of the remaining three members, Mr Jan Mulder, Ms Maria Helena Pereira Loureiro Correia Fazenda and Ms Dobrinka Mihaylova, ended on 22 January 2022 (4).
(1)
(2) (3) (4)
Article 15(2) of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 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 Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1) as amended by Regulation (EU, Euratom) 2016/2030 and Regulation (EU, Euratom) 2020/2223.
Also available at https://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=CELEX:02013R0883-20210117 To preserve the experience built up in the Committee, the members are replaced on an alternating basis, in accordance with Regulation (EU, Euratom) No 883/2013.
At https://www.europarl.europa.eu/charter/pdf/text_en.pdf.
According to Article 1 of Decision (EU, Euratom) 2016/1201 of the European Parliament, the Council and the Commission of 13 July 2016 appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) (OJ L 198, 23.7.2016, p. 40).