EP Rules of procedure: fight against Community fraud, inscription of the internal conditions and modes in an annex
1999/2145(REG)
The committee unanimously adopted a report by its chair, Giorgio NAPOLITANO
(PES, I), seeking to amend Parliament's Rules of Procedure. The aim is to
incorporate in the Rules a decision implementing the interinstitutional
agreement on internal investigations by OLAF (the EU anti-fraud office) in
the EU institutions. The agreement's terms and conditions are supposed to be
adapted to reflect each institution's particular requirements. The decision
makes it mandatory for "any official or servant of Parliament who becomes
aware of evidence which gives rise to a presumption of the existence of
possible cases of fraud, corruption or any other illegal activity
detrimental to the interests of the Communities" to inform without delay his
head of service or Director-General or, if he deems it appropriate, the
Secretary-General or OLAF itself. The Secretary-General, Directors-General
and heads of service must also forward to OLAF any evidence of such
irregularities of which they are aware. MEPs who become aware of such
matters must inform the President of Parliament or, if they deem it
appropriate, OLAF itself. However, the report stresses that the principle of
confidentiality, as laid down either in legislative texts or in Parliament's
Rules of Procedure, must be observed (e.g. facts learnt by members of
parliamentary committees of inquiry). The decision contains a protection
clause for staff who comply with their obligation to reveal such
information: they are in no way to suffer inequitable or discriminatory
treatment as a result of their actions. It also lays down a general duty for
staff, administrative departments and MEPs (without prejudice to the
Protocol on privileges and immunities) to cooperate fully with OLAF.