2004/26/: Decision No 26/2004 of the Committee of the Regions of 10 February 2004 relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests

Decision No 26/2004 of the Committee of the Regions
of 10 February 2004
relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests
THE BUREAU OF THE COMMITTEE OF THE REGIONS
,
Having regard to Commission Decision 1999/352/EC, ECSC, Euratom, of 28 April 1999, establishing a European Anti-Fraud Office(1),
Having regard to Regulation (EC) No. 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office(2),
Having regard to the inter-institutional agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning investigations conducted by the European Anti-Fraud Office(3),
Whereas Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (hereinafter the Office) provides that the Office is to initiate and conduct administrative investigations within the institutions, bodies, offices and agencies established by or on the basis of the Treaties;
Whereas the responsibility of the European Anti-Fraud Office as established by the Commission extends beyond the protection of financial interests to include all activities by the Office relating to the need to safeguard Community interests against irregular conduct liable to give rise to administrative or criminal proceedings;
Whereas the scope of the fight against fraud should be broadened by exploiting existing expertise in the area of administrative investigations;
Whereas therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and agencies 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 the European Communities (hereinafter the Staff Regulations), detrimental to the interests of those Communities and liable to result in disciplinary or, where appropriate, 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, managers or members of staff of the institutions, bodies, offices and agencies of the Communities not subject to the Staff Regulations;
Whereas such investigations should be carried out under appropriate conditions in all the Community institutions, bodies, offices and agencies; whereas assignment of this task to the Office should not affect the responsibilities of the institutions, bodies, offices or agencies themselves and should in no way reduce the legal protection of the persons concerned;
Whereas, pending the amendment of the Staff Regulations, practical arrangements should be laid down stipulating how the members of the institutions and bodies, the managers of the offices and agencies and the officials and servants of the institutions, bodies and offices and agencies are to cooperate in the smooth operation of the internal investigations;
Whereas Regulation (EC) No 1073/1999 provides in Article 4(6), that each institution, body, office and agency is to adopt a decision, which shall in particular include rules concerning a duty on the part of members, managers, officials and other servants of the institutions, bodies, offices and agencies to cooperate with and supply information to the Office's employees, the procedures to be observed by the Office's employees when conducting internal investigations and guarantees of the rights of persons concerned by an internal investigation;
Whereas, however, account should be taken of the fact that unlike the members of the other institutions, the members of the Committee exercise essentially national functions and that, in the exercise thereof they remain subject to national law; whereas, therefore, the application of this Decision should be limited to the professional activities of such persons undertaken in their capacity as members of the Committee;
Whereas the Office has no judicial powers and conducts only administrative investigations; whereas such investigations should be conducted in full compliance with the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, the texts implementing them and the Staff Regulations;
Whereas, in the long term, the prevention of fraud, corruption and any other illegal activity should be the responsibility of a body that is not an integral part of the administrative structure of the European Commission, but which enjoys the independence necessary for it to carry out its tasks as effectively as possible;
Considering Decision No 294/99 of the Bureau of the Committee of the Regions of 17 November 1999, relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests,