English: Procedural guarantees - investigation will seek evidence for and against the person concerned - harmonisation of the procedures concerning internal and external investigations - obligation to consult the person implicated before drawing conclusions - detailed list of the rights of the persons implicated in investigations - prior notification of the Review Adviser if the Director-General decides to defer fulfilment of certain obligations (in the case of internal investigations, this decision is taken by agreement with the institution concerned) - opinion of the Review Adviser on the decision to defer fulfilment of obligations - aim of the investigation: establish that fraud, corruption, illegal acts or other irregularities have occurred - purpose of the investigation to seek information (rather than 'evidence') for and against the person concerned - investigation must be conducted in an objective and impartial manner, in keeping with the principle of sound administration - no reference to the prior notification of the Review Adviser if the DirectorGeneral decides to defer fulfilment of certain obligations - possibility of deferring fulfilment of certain obligations if necessary, in connection with internal investigations with the agreement of the institution concerned (and if they involve judicial investigatory procedures, after consulting the competent authorities of the Member States) - possibility of deferring fulfilment of certain obligations, if necessary, in the case of external investigations after consulting the competent authorities of the Member States - 'third party' (rather than 'witness') opinion 6/2005: - the procedural guarantees concerning individual's rights must be clarified - in favour of the reference to seeking evidence for and against the person concerned (since this has a bearing on the accuracy and comprehensiveness of the data processed, helps to guarantee the quality of the data and enhances the overall guarantees for the person under investigation) - in favour of the insertion of Article 7a(2), first subparagraph, in that this provision will help to ensure that the right to information in connection with data protection i s respected; HOWEVER, th i s article should contain requirements similar to those laid down in Articles 11 and 12 of Regulation 45/2001 (e.g.: purposes of the processing operation for which the data are intended, potential recipients of the data, existence of a right of access to the data) - Article 7a(2), third subparagraph (dealing with the possibility of not providing information if this might hamper the conduct of the investigation) should be accompanied by guarantees in respect of data protection similar to those laid down in Article 20 of Regulation 45/2001 - NB: between the first and second
French: - l’article 7 bis, par 2, troisième alinéa (sur la possibilité de ne pas transmettre l’information si ceci peut nuire au déroulement de l’enquête) devrait être assorti de garanties pour la protection des données prévues à l’article 20 du règlement N° 45/2001 - N.B. : entre le premier alinéa et le deuxième alinéa du paragraphe 2 de l’article 7 bis, il faudrait un alinéa dont le contenu serait le suivant :