1999/352/EC, ECSC, Euratom: Commission Decision of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (notified under document number SEC(1999) 802)
L 136/20 EN Official Journal of the European Communities 31. 5. 1999 COMMISSION COMMISSION DECISION of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (notified under document number SEC(1999) 802) (1999/352/EC, ECSC, Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES, the Unit for the Coordination of Fraud Prevention (UCLAF); Having regard to the Treaty establishing the European Community, and in particular Article 162 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, (1) Whereas the institutions and the Member States attach great importance to the protection of the Communities’ financial interests and to the fight against fraud and any other illegal activities to the detriment of the Communities’ financial interests; whereas the importance of action to that end is confirmed by Article 209a of the EC Treaty, Article the 78i of Euratom Treaty as well as by Article 280 of the EC Treaty as formulated by the Treaty of Amsterdam; the ECSC Treaty, Article 183a of (2) Whereas all available means need to be deployed to fully attain this objective, notably in terms of investigation functions devolved to the Community level, while the current allocation and balance of and responsibilities Community levels should be maintained; as between the national (3) Whereas the task of carrying out administrative investigations for the purpose of protecting the financial interests of the Communities has until now been conferred on the Task Force for Co- ordination of Fraud Prevention, which succeeded (4) Whereas the need to increase the effectiveness of the fight against fraud and other illegal activities detrimental the Communities requires the establishment of a Euro- pean Anti-fraud Office (OLAF), hereinafter referred to as ‘the Office' which must exercise its invest- igation powers in full independence; interests of financial to the (5) Whereas the independence of the Director of the Office and the role of the Surveillance Committee arising from this Decision, and from the EC and Euratom Regulations concerning the investigations conducted by the Office, seek to guarantee the Office’s proper conduct of investigations without interfering with its other tasks, such as those which are the prerogative of the Commission, in par- ticular in matters of legislation; (6) Whereas the responsibility of the Office should involve, over and above the protection of financial interests, all the activities linked with the protec- tion of Community interests from irregular acts likely to lead to administrative or penal proceed- ings; (7) Whereas the definition of the functions of the Office should include the tasks carried out up to now by the Task Force for Coordination of Fraud Prevention, in particular those tasks concerning the preparation of legislative and regulatory provisions in the areas of activity of this Office, including instruments which fall under Title VI of the Treaty on European Union, 31. 5. 1999 EN Official Journal of the European Communities L 136/21 HAS DECIDED AS FOLLOWS: Article 1 Establishment of the Office (OLAF), hereinafter A European Anti-fraud Office is hereby established. The referred to as ‘the Office', Office shall replace the Task Force for Coordination of Fraud Prevention and take over all its tasks. Article 2 Tasks of the Office The Office shall exercise the Commission’s powers 1. to carry out external administrative investigations for the purpose of strengthening the fight against fraud, corrup- tion and any other illegal activity adversely affecting the Community’s financial interests, as well as any other act or activity by operators in breach of Community provi- sions. with the objective of fraud prevention as referred to in paragraph 1. 5. The Office shall be responsible for any other opera- tional activity of the Commission in relation to the fight against fraud as referred to in paragraph 1, and in par- ticular: (a) developing the necessary infrastructure; (b) ensuring the collection and analysis of information; (c) giving technical support, in particular in the area of training, to the other institutions or bodies as well as to the competent national authorities. The Office shall be in direct contact with the police 6. and judicial authorities. The Office shall 7. service level, covered by this Article. represent in the forums concerned, the Commission, at in the fields Article 3 The Office shall be responsible for carrying out internal administrative investigations intended: Independence of the investigative function (a) to combat fraud, corruption and any other illegal activity adversely affecting the Community’s financial interests, (b) to investigate serious facts linked to the performance of professional activities which may constitute a breach of obligations by officials and servants of the Communities likely to lead to disciplinary and, in appropriate cases, criminal proceedings or an ana- logous breach of obligations by Members of the insti- tutions and bodies, heads of the bodies or members of staff of the institutions and bodies not subject to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities. The Office shall exercise the Commission’s powers as they are defined in the provisions established in the framework of the Treaties, and subject to the limits and conditions laid down therein. The Office may be entrusted with investigations in other areas by the Commission or by the other institutions or bodies. 2. The Office shall be responsible for providing the Commission’s support in cooperating with the Member States in the area of the fight against fraud. The Office shall be responsible for the activity of fraud as the fight against 3. developing a concept for referred to in paragraph 1. The Office shall exercise the powers of investigation referred to in Article 2(1) in complete independence. In exercising these powers, the Director of the Office shall neither seek nor take instructions from the Commission, any government or any other institution or body. Article 4 Surveillance Committee A Surveillance Committee shall be established, the composition and powers of which shall be laid down by the Community legislature. This Committee shall be responsible for the regular monitoring of the discharge by the Office of its investigative function. Article 5 Director The Office shall be headed by a Director, nominated 1. by the Commission, after consulting in European Parlia- ment and the Council, for a term of five years, which may be renewed once. With a view to nominating the favourable the Commission shall, once a Director, opinion has been given by the Surveillance Committee, draw up a list of several suitably qualified candidates, following a call for applications which shall, if appro- priate, be published in the Official Journal of the Euro- pean Communities. 4. The Office shall be responsible for the preparation of legislative and regulatory initiatives of the Commission The Director shall be responsible for the carrying out of investigations. L 136/22 EN Official Journal of the European Communities 31. 5. 1999 the powers conferred to the The Commission shall exercise, with regard to the 2. Director, appointing authority. Any measure under Articles 87, 88 and 90 of the Staff Regulations of Officials of the European Communities shall be taken, after consulting the Surveil- lance Committee, by reasoned decision of the Commis- sion. The decision shall be communicated for informa- tion to the European Parliament and the Council. anti-fraud headings of part B. He shall be permitted to delegate his powers. concerning Commission decisions 4. internal organisation shall apply to the Office in so far as they are compatible with the provisions concerning the Office adopted by the Community legislator, with this Decision and with the detailed rules implementing it. its Article 6 Operation of the Office 1. The Director of the Office shall exercise, with regard to the staff of the Office, the powers conferred by the Staff Regulations of Officials of the European Communities on the appointing authority and by the Conditions of Employment of Other Servants of the Communities on the authority authorised to conclude contracts of employ- ment. He shall be permitted to delegate those powers. In accordance with the Staff Regulations and the Conditions of Employment of Other Servants, he shall lay down the conditions and detailed arrangements for recruitment, in particular as to the length of contracts and their renewal. After consulting the Surveillance Committee, the 2. Director shall send the Director-General for Budgets a preliminary draft budget to be entered in the special heading for the Office in the annual general budget. The Director shall act as authorising officer for 3. implementation of the special budget heading for part A of the budget, concerning the Office, and the specific Article 7 Effective date This Decision shall take effect on the date of the entry into force of the European Parliament and Council Regu- lation (EC) concerning investigations carried out by the European Anti-fraud Office. Up to the first day of the month following the appointment of the Director of the Office, the current business of the Office shall be dealt with by the Director of the Task Force for Coordination of Fraud Prevention. Done at Brussels, 28 April 1999. For the Commission The President Jacques SANTER