1999/396/EC, ECSC, Euratom: Commission Decision of 2 June 1999 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 (notified under document number SEC(1999) 802)

COMMISSION DECISION
of 2 June 1999
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
(notified under document number SEC(1999) 802)
(1999/396/EC, ECSC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community, and in particular Article 218 thereof,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 16 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,
Whereas:
(1) Regulation (EC) No 1073/1999 of the European Parliament and of the Council(1) and Council Regulation (Euratom) No 1074/1999(2) concerning investigations conducted by the European Anti-Fraud Office (hereinafter "the 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 Euratom Treaty;
(2) the responsibility of the 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 administrative or criminal procedings;
(3) the scope of the fight against fraud should be broadened and its effectiveness enhanced by exploiting existing expertise in the area of administrative investigations;
(4) therefore, on the basis of its administrative autonomy, the Commission should entrust to the Office the task of conducting internal administrative investigations with a view to bringing to light serious situations 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 Articles 11, 12, second and third paragraphs, 13, 14, 16 and 17, first paragraph, of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants (hereinafter referred to as "the Staff Regulations"), detrimental to the interests of those Communities and liable to result in disciplinary or, in appropriate cases, criminal proceedings, or serious misconduct, as referred to in Article 22 of the Staff Regulations, or a failure to comply with the analogous obligations of the Members of the Commission or members of the Commission's staff not subject to the Staff Regulations;
(5) such investigations should be conducted in full compliance with the relevant provisions of the Treaties establishing the European Communities, and in particular the Protocol on privileges and immunities, the texts implementing them and the Staff Regulations;
(6) such investigations should be carried out under equivalent 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 institutions, bodies or agencies themselves and should in no way reduce the legal protection of the persons concerned;
(7) pending the amendment of the Staff Regulations, practical arrangements should be laid down stipulating how the Members of the Commission and its officials and servants are to cooperate in the smooth operation of the internal investigations;
(8) the Commission's Decision of 14 July 1998 concerning investigations carried out by the Task Force "Coordination of the fight against fraud", together with its implementing rules of 9 December 1998, should be repealed,