Tag Archives: Operation of the Institutions

European Anti-Fraud Office

Outline of the Community (European Union) legislation about European Anti-Fraud Office

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Fight against fraud > Anti-fraud offices

European Anti-Fraud Office (OLAF)

Acts

Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-Fraud Office (OLAF).

Operating modalities:

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 (OLAF).

Council Regulation (EURATOM) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF).

Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF).

Summary

This Decision establishes the European Anti-Fraud Office (OLAF), which is part of the European Commission with a special independent status for conducting anti-fraud investigations. Two Regulations and an Interinstitutional Agreement stipulate how it is to operate.

OLAF’s competences

The Commission Decision establishes OLAF and sets out its powers, which are to:

carry out external administrative investigations as part of the fight against fraud, corruption and any other illegal activity that adversely affects the Community’s financial interests and for the purpose of combating fraud involving any other act or activity in breach of Community provisions;
carry out internal administrative investigations for the purposes of:
1. combating fraud, corruption and any other illegal activity that adversely affects the Community’s financial interests,
2. investigating serious situations relating to the discharge of professional duties that may constitute a failure to comply with the obligations of officials and servants of the Communities liable to result in disciplinary or, where appropriate, criminal proceedings, or a failure to comply with the analogous obligations of the members of the institutions, bodies, offices or agencies or their staff who are not subject to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities,
carry out investigative assignments in other areas at the request of Community institutions and bodies;
help strengthen cooperation with the Member States in the field of fraud prevention;
develop strategies for the fight against fraud (preparing legislative and regulatory initiatives in the areas of activity of the Office);
set in motion any other operational activity in the fight against fraud (developing infrastructure, collecting and analysing information, providing technical support);
maintain direct contact with the national law enforcement and judicial authorities;
represent the Commission in the field of fraud prevention.

OLAF’s external investigative powers are mainly those that were conferred upon the Commission under Regulations (EC, Euratom) Nos 2988/95 (the European Communities’ financial interests) and 2185/96 (on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests). Furthermore, OLAF works on the basis of Regulation (EC) 515/97 on mutual administrative assistance.

How OLAF goes about its investigations

The two Regulations on investigations by OLAF, one applying to the EC and the other to Euratom, restate the Office’s main functions and define the practical arrangements for carrying out the administrative investigations for which it is responsible.

The checks and verifications OLAF carries out externally (in the Member States and in certain non-member countries with which the Community has cooperation agreements) and internally (inside the institutions and bodies established by or on the basis of the Treaties) do not affect the powers of the Member States in the area of criminal prosecution.

The Director of OLAF launches and directs investigations on his own initiative or at the request of a Member State with an interest in the matter (in the case of external investigations) or of the institution or body concerned (in the case of internal investigations).

As part of its external investigations, OLAF carries out the on-the-spot checks for which the Commission is responsible under Regulations (EC, Euratom) Nos 2988/95 and 2185/96.

For its internal investigations, OLAF has the right of immediate and unannounced access to any information held by the Community institutions, bodies, offices and agencies. It may also ask anyone concerned for oral information, and carry out on-the-spot checks on economic operators.

Where the Office discovers, in the course of an internal investigation, that a member, manager, official or other servant may be personally involved, it informs the institution, body, office or agency to which that person belongs, unless divulging such information is incompatible with the need to maintain complete strict confidentiality for the purposes of the investigation or a possible national investigation.

At the request of OLAF or on their own initiative, the Member States, institutions, bodies, offices and agencies are required to provide the Office with any document or information they hold that relates to an investigation under way.

All information passed on to the Office will be properly protected.

On completion of an investigation, OLAF draws up a report including recommendations as to the action to be taken. The report is sent to the Member States in the case of external investigations and to the institutions, bodies, offices and agencies in the case of internal investigations.

Information may also be sent to the competent authorities in the Member States and to the institutions, bodies, offices and agencies concerned, while an investigation is still under way (the Office is in direct contact with the national law enforcement and judicial authorities).

OLAF’s operational independence is protected by a Supervisory Committee consisting of five independent outsiders appointed by common agreement of the European Parliament, the Council and the Commission. Furthermore, if the Director considers that a measure taken by the Commission calls his independence in question, he is entitled to bring an action against it before the Court of Justice.

Any member of the staff of a Community institution, body, office or agency who feels that his interests are adversely affected in the course of an internal investigation may submit a complaint to the Director of OLAF or bring an action before the Court of Justice.

Interinstitutional Agreement between the Parliament, the Council and the Commission

The object of the Interinstitutional Agreement between the European Parliament , the Council and the Commission is to guarantee that internal investigations can be carried out under equivalent conditions in the three institutions and in all the other Community bodies, offices and agencies, including the European Investment Bank (EIB) and the European Central Bank (ECB).

To bring this about, the three institutions have agreed to adopt an internal decision based on the standard model annexed to the Agreement, and to call on the other institutions, bodies, offices and agencies to accede to the Agreement.

The model decision requires the Secretary-General, departments and all members of staff of the institution, body, office or agency concerned to cooperate fully with OLAF’s agents and to supply all useful information.

Where there is a presumption of fraud, corruption or any other illegal activity detrimental to the Communities’ interests:

any member who becomes aware of such evidence must without delay inform his Head of Service or Director-General or, if he considers it useful, his Secretary-General or OLAF directly;
the Secretary-General, the Directors-General and the Heads of Service or managers must transmit to OLAF without delay any evidence from which the existence of irregularities may be presumed;
members of the institutions, bodies, offices or agencies must inform the President or, where appropriate, OLAF directly.

Where it becomes clear during an internal investigation that a member, manager, official or other servant is involved, the person concerned is informed rapidly. He/she will be called upon to give his/her views on the matters concerning him/her. The invitation may be deferred where necessary for the purposes of the investigation or any subsequent national judicial inquiries.

OLAF delivers an opinion on any request for a waiver of immunity from the police or judicial authorities in a Member State, if the request relates to a manager, official or other servant of an institution, body, office or agency. If a request concerns a member of an institution or body, the Office is informed.

Background

The EC Treaty provides an explicit legal basis for operations by the Community and the Member States to combat fraud and other unlawful activities that are damaging to the Community’s financial interests (Article 280). The entry into force of the Amsterdam Treaty has given the Community much more substantial means for combating fraud and stamping out economic and financial crime.

The Commission’s Task Force for the Coordination of Fraud Prevention was thus replaced by the European Anti-Fraud Office (OLAF), which, in addition to carrying out investigations, is responsible for devising and preparing legislation for the protection of the Community’s financial interests and the fight against fraud. OLAF enjoys greater independence than its predecessor in conducting investigations.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 1999/352/EC, CECA, Euratom	28.4.1999	–	OJ L 136 of 31.5.1999
Regulation (EC) No 1073/1999	1.6.1999	–	OJ L 136 of 31.5.1999
Regulation (Euratom) No 1074/1999	1.6.1999	–	OJ L 136 of 31.5.1999
Interinstitutional Agreement	1.6.1999	–	OJ L 136 of 31.5.1999

Related Acts

Proposal for a European Parliament and Council Regulation amending Regulation (EC) No 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) [COM(2006) 244 final – Not published in the Official Journal].

In substance, the proposal has the following main objectives:

Governance, cooperation between the institutions and the Supervisory Committee. The Commission sees a need for political governance regarding priorities related to investigative activities. It proposes regular meetings between the Supervisory Committee and the other European institutions as part of a structured dialogue, without interfering in the investigative activities.
Guarantee of the rights of persons implicated. The Commission proposes including in the Regulation a detailed provision on the procedural guarantees to be respected in the conduct of internal and external investigations.
Improved monitoring of investigations. Monitoring that ensures the specific procedures are followed should be improved and the possibility of requesting an opinion should be introduced. A review adviser is provided for to fulfil such a role.
Improving the information flow. With this proposal, the Commission intends to improve the flow of information between OLAF and European bodies and institutions, between OLAF and the Member States, as well as between OLAF and whistleblowers.
Strengthening OLAF’s operational efficiency. The Commission is proposing measures that will allow OLAF to concentrate on its priority actions. For example, the opening and closing of investigations need clarification.
Improving the effectiveness of OLAF’s investigations. The Commission proposes to clarify OLAF’s powers of investigation in the context of external investigations involving economic operators receiving Community funds on the basis of contracts, agreements or grant awards (direct expenditure).
Term of office of the Director-General. A non-renewable term of office should be introduced for the OLAF Director-General in order to strengthen independence.

Codecision procedure (COD/2006/0084)

Activity reports:

Report of the European Anti-Fraud Office – Eighth Activity Reportfor the period 1 January 2007 to 31 December 2007 [Not published in the Official Journal].
This eighth activity report substantiates the principal trends of previous years. The volume and quality of information received by OLAF has steadily increased in the past years, confirming the public’s confidence in the Office. In the course of 2007, OLAF opened more cases than in 2006. Similarly, the number of cases closed increased as well, as opposed to previous years that have been characterised by a declining number of closed cases. Furthermore, the amount of “own investigations” OLAF carries out has exceeded the amount of investigations in which it merely provides assistance to national authorities. The average duration of cases increased slightly in 2007, due to the complexity of the cases the Office faces nowadays and to the necessity of involving Member States or outside partners in the investigations. OLAF has actively continued its cooperation with Member States, EU bodies in charge of police and judicial cooperation and international partners in the fight against fraud.

Report of the European Anti-Fraud Office – Seventh Activity Reportfor the period 1 January 2006 to 31 December 2006 [Not published in the Official Journal].

This report follows on from the sixth activity report. In it, the Commission assesses the irregularities committed and presents the most important measures taken in 2006 by the Member States and by itself to improve fraud prevention and the fight against fraud. The report also describes in detail the way OLAF decides to open an anti-fraud investigation and explains how cases are managed.

Report of the European Anti-Fraud Office – Sixth Activity Reportfor the period 1 July 2004 to 31 December 2005 [Not published in the Official Journal].

Evaluation report: Commission Report of 2 April 2003 – Evaluation of the activities of the European Anti-Fraud Office (OLAF) [COM(2003) 154 final – Official Journal C 76 of 25.3.2004].

Decisions by the institutions:

Council Decision 1999/394/EC of 25 May 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Community’s interests [Official Journal L 149 of 16.6.1999].

As laid down in the Interinstitutional Agreement, this Decision states that the Council is to cooperate with the Office and keep it informed; it also requires the Security Office to assist OLAF’s staff in their work. In return, OLAF is required to inform anyone implicated in one of its investigations.

Commission Decision 1999/396/EC 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 Community’s interests [Official Journal L 149 of 16.6.1999].

As laid down in the Interinstitutional Agreement, this Decision states that the Commission is to cooperate with the Office and keep it informed; it also requires the Security Office to assist OLAF’s staff in their work. In return, OLAF is required to inform anyone implicated in one of its investigations.

Decision of the European Parliament of 18 November 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Community’s interests [European Parliament Rules of Procedure, Annex XI – Official Journal L 44 of 15.2.2005].

As laid down in the Interinstitutional Agreement, this Decision states that the European Parliament is to cooperate with the Office and keep it informed. The Decision obliges Parliament’s Security Office to assist OLAF staff in their work. It also obliges OLAF to inform anyone who is implicated in one of its investigations.

Decision 1999/726/EC of the European Central Bank of 7 October 1999 on fraud prevention – [Official Journal L 291 of 12.11.1999].

The Decision seeks to provide adequate protection against fraud and other illegal activities at the European Central Bank (ECB), while maintaining the distribution and balance of responsibilities between the ECB and the European institutions.
Accordingly, the Decision sets up an anti-fraud committee to be responsible for monitoring the independence and functioning of the ECB Directorate for Internal Audit. The anti-fraud committee is also responsible for relations with the Supervisory Committee of OLAF. These relations are governed by the principles established by an ECB decision.

Decision of the Court of Justice of 26 October 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Community’s interests [Not published in the Official Journal].

In accordance with the provisions of the Regulations setting up OLAF, this Decision requires the Court to cooperate with the Office and to keep it informed. It also lays down the procedures to be followed by OLAF staff when carrying out internal investigations. In line with the principle of confidentiality, it denies OLAF access to documents held in connection with legal proceedings that are in progress or have been terminated.

Judgment of the Court of Justice of 10 July 2003 setting aside Decision 1999/726/EC of the European Central Bank on fraud prevention and protection of the Communities’ financial interests (Case C-11/00).

European GNSS Agency

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European GNSS Agency

Outline of the Community (European Union) legislation about European GNSS Agency

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Bodies and objectives

European GNSS Agency

Document or Iniciative

Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes.

Summary

This regulation repeals Regulation (EC) No 1321/2004 which had previously established the European Global Navigation Satellite System (GNSS) Supervisory Authority, a Community agency. Regulation (EC) No 683/2008, which defines the new framework for the public governance and funding of the EGNOS and Galileo programmes, sets out the principle of strict division of responsibilities between the Commission, the authority and the European Space Agency (ESA). This regulation grants the Commission certain responsibilities which had previously belonged to the authority, such as the management of the programmes. The authority was renamed the European GNSS Agency. Regulation (EC) No 683/2008 sets out the role and tasks of this agency. The agency is responsible for the following tasks:

ensuring security accreditation;
operating the Galileo security centre;
contributing to the preparation of the commercialisation of the systems;
accomplishing other tasks that may be entrusted to it by the Commission, in accordance with Article 54(2)(b) of the Financial Regulation, addressing specific issues linked to the programmes.

Structure of the agency

The agency is a body of the European Union (EU) with legal personality that is recognised in all EU countries and, as such, can be a party to legal proceedings. The agency has the following bodies: the Administrative Board, the Executive Director, and the Security Accreditation Board for European GNSS systems.

The Administrative Board is composed of one representative from each EU country, five representatives from the Commission and a non-voting representative from the European Parliament. Members are appointed for a term of five years, renewable once. Each representative has one vote, and decisions are taken by a two-thirds majority. The Administrative Board is responsible for ensuring the agency fulfils the tasks entrusted to it in this regulation. With regard to security accreditation matters, the Administrative Board is only responsible for resources and budgetary issues.

The Executive Director manages the agency. S/he is appointed and supervised by the Administrative Board for a term of five years, renewable once. The Executive Director is responsible for managing and representing the agency.

The Security Accreditation Board is composed of one representative from each EU country, one representative each from the Commission and the High Representative for Foreign Affairs and Security Policy. It acts as the security accreditation authority and will need to establish the compliance of the systems with security requirements prior to all major programmatic decisions, such as the approval of the security accreditation strategy, the launch of satellites, the authorisation to operate the systems and ground stations and the manufacture of PRS receivers.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 912/2010	9.11.2010	–	OJ L 276 of 20.10.2010

Maritime safety: European Maritime Safety Agency

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Maritime safety: European Maritime Safety Agency

Outline of the Community (European Union) legislation about Maritime safety: European Maritime Safety Agency

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Bodies and objectives

Maritime safety: European Maritime Safety Agency

Document or Iniciative

Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency [See amending acts].

Summary

This regulation establishes a European Maritime Safety Agency (EMSA) which provides European Union (EU) countries and the Commission with technical and scientific assistance to ensure the proper application of EU legislation in the field of maritime safety, monitor its implementation and evaluate its effectiveness.

The EMSA is responsible for:

assisting the Commission in updating, developing and effectively implementing EU legislation in the field of maritime safety and maritime security, the prevention of pollution and response to pollution caused by ships;
working with the EU countries to organise, where appropriate, relevant training activities and provide them with technical assistance in implementing EU legislation;
providing the Commission and the EU countries with objective, reliable and comparable information and data on maritime safety through the collection, recording and evaluation of technical data in the fields of maritime safety, maritime traffic and marine pollution by means of the systematic exploitation of existing databases and, where appropriate, the development of additional databases;
assisting the Commission in the publication, every six months, of information relating to ships that have been refused access to EU ports, and assisting the EU countries in their activities to improve the identification and pursuit of ships making unlawful discharges;
undertaking tasks relating to the surveillance of navigation and maritime traffic pursuant to Directive 2002/59/EC in order to facilitate cooperation between the EU countries and the Commission in this field;
developing a common methodology for investigating maritime accidents in cooperation with the Commission and the EU countries;
providing countries applying for EU accession with technical support in implementing EU legislation in the field of maritime safety, including the organisation of appropriate training activities.

The EMSA is an EU body and has legal personality. At the request of the Commission, and with the agreement of the EU countries concerned, the EMSA may decide to establish the regional centres needed to carry out tasks relating to the monitoring of navigation and maritime traffic and, in particular, to ensure optimum traffic conditions in sensitive areas. The EMSA is represented by its Executive Director.

The EMSA’s staff consists of EU officials and EU countries’ civil servants temporarily assigned or seconded to the EMSA, and other servants recruited by the EMSA.

The EMSA’s Administrative Board is made up of one representative from each EU country, four representatives from the Commission and four professionals from the sectors most concerned. The latter are appointed by the Commission and do not have the right to vote. The term of office is five years and is renewable once.

The Executive Director of the EMSA is completely independent in the performance of his/her duties, without prejudice to the respective competencies of the Commission and the Administrative Board. He/she acts as EMSA manager and, to this end, is responsible for preparing and implementing the budget and work programme and for all matters relating to staff. The Executive Director of the EMSA is appointed by the Administrative Board for a term of five years, renewable once.

The EMSA’s budget consists, for the most part, of a contribution from the EU and from any non-EU country which participates in the work, and, secondly, of charges for publications, training and any other service provided by the EMSA. Financial control is ensured by the Financial Controller of the Commission.

Within five years of the date on which the EMSA takes up its responsibilities, the Administrative Board is to commission an independent external evaluation of the implementation of the regulation.

Non-EU countries wishing to participate in the EMSA must adopt and apply EU law in all fields of competence of the EMSA.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1406/2002	25.8.2002	–	OJ L 208, 5.8.2002

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1644/2003	1.10.2003	–	OJ L 245, 29.9.2003
Regulation (EC) No 724/2004	19.5.2004	–	OJ L 129, 29.4.2004
Regulation (EC) No 2038/2006	31.12.2006	–	OJ L 394, 30.12.2006

The successive amendments and corrections made to Regulation (EC) No 1406/2002 have been incorporated into the basic text. This consolidated versionis for reference purposes only.

Related Acts

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control [Official Journal L 131 of 28.5.2009].

Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences [Official Journal L 255 of 30.9.2005].

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC [Official Journal L 208 of 5.8.2002].

Regulatory agencies

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Regulatory agencies

Outline of the Community (European Union) legislation about Regulatory agencies

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The institutions bodies and agencies of the union

Regulatory agencies

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 11 March 2008: European Agencies – The way forward {SEC(2008) 323} [COM(2008) 135 final – Not published in the Official Journal].

Summary

The present Communication concerns only regulatory agencies, and not the executive agencies. It addresses the need for a common approach to the place of these agencies in European governance and the lack of clarity over their role and accountability. Currently, the Commission is responsible for proposing the establishment of agencies on a case-by-case basis, with the European Parliament and/or the Council of Ministers taking the final decision. A common view of the regulatory agencies shared by the EU institutions would promote transparency and improve working methods. This is particularly important as the agencies play an integral though highly varied part in a wide range of policy issues.

The regulatory agencies can be categorised roughly on the basis of their functions:

adoption of individual decisions;
technical or scientific advice to the Commission and the Member States;
responsibility for operational activities;
information and networking services;
services to other agencies and institutions.

The specific roles of each agency are set out in its own founding legal act. These agencies are independent bodies, usually governed by a Management Board. The Management Board has responsibility for overseeing the performance of the agency and for nominating the Director, who in turn is in charge of the agency’s operational aspects. Most of the agencies are funded by the EU budget, and hence the European Parliament has responsibility for their budgetary discharge. In addition, the general Financial Regulation, along with the Framework Financial Regulation, provides common rules for the agencies’ financial governance. What is lacking, however, is a general set of rules for the creation and operation of these agencies. And more importantly, there is a lack of clear rules for the accountability of their actions. Furthermore, the role and influence of the other institutions is questionable, for example with regard to the nomination and appointment of Directors and Management Boards. Consequently, with the present Communication, the Commission aims to re-launch a debate on the governance of the regulatory agencies.

A common framework

A common approach to the governance of regulatory agencies should be standardised enough to take into account the differences between the agencies. At the same time, the basic principles of accountability and sound financial management should also be respected. Therefore, the common approach should specify the following aspects of the regulatory agencies:

tasks;
structure and working methods;
accountability and relations with the other institutions;
regulatory framework;
establishment and termination;
communication strategy.

To achieve consistency, the common approach may necessitate amending the founding legal act of an existing agency.

Next steps

The Commission calls for the creation of an inter-institutional working group to form a political assessment of the regulatory agencies. This could be followed-up with an instrument, legally binding or otherwise, that would provide form and transparency to the results of the assessment. The objective is to achieve a common political understanding about the agencies.

Simultaneously, the Commission will launch an evaluation of the existing regulatory agencies, with the results to be communicated by 2009-10. In the meantime, no new agencies will be proposed so that the evaluation may be carried out in a constant setting. The Commission will also launch a review of its own internal systems with regard to its relations to agencies and its methodology for conducting impact assessment of the regulatory agencies.

Related Acts

Draft Interinsitutional Agreement of 25 February 2005 on the operating framework for the European regulatory agencies [COM(2005) 59 final – Not published in the Official Journal].

Communication from the Commission to the Council of 20 December 1999: Participation of candidate countries in Community programmes, agencies and committees [COM(1999) 710 final – Not published in the Official Journal].

European Statistical Governance Advisory Board

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European Statistical Governance Advisory Board

Outline of the Community (European Union) legislation about European Statistical Governance Advisory Board

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social and employment situation in europe

European Statistical Governance Advisory Board

Document or Iniciative

Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board.

Summary

The European Statistical Governance Advisory Board is an independent body established to oversee how the European Statistics Code of Practice is implemented in the European Statistical System.
The Advisory Board carries out its mission:

through an annual report for the Parliament and Council on the implementation of the Code of Practice by the Statistical Office of the European Communities (Eurostat);
through an assessment of the implementation of the Code in the European Statistical System as a whole, included in the annual report;
by advising on the implementation of the Code by Eurostat and the European Statistical System as a whole;
by advising on communicating the Code to users and data providers;
by advising on the updating of the Code.

The Advisory Board may advise the Commission to build user confidence in European statistics.

Composition

The Advisory Board is comprised of seven independent members who are experts in the field of statistics. The European Parliament and the Council each nominate three members after consulting the Commission.

After consulting the Commission, the Chairperson is selected by the Council and approved by the Parliament. The term of office for the chairperson is three years, renewable once. He or she cannot be a member of either a National Statistical Office or the Commission, nor have held such a post within the last two years.

If a member resigns before the expiry of his or her term of office, his or her replacement is nominated to serve a full term.

Eurostat is an observer member of the Advisory Board.

Operation

The Advisory Board is assisted by an independent secretariat which is provided by the Commission. A secretary is appointed by the Commission after consulting the Board.

The public can have access to the annual report on the implementation of the Code of Practice. Furthermore, all non-confidential documents can be made public after submission for response to the Parliament, the Council, the Commission and any other relevant body.

The expenses of the Board are included in the budgetary estimates of the Commission. A review of the role and effectiveness of the Board shall be conducted in 2010.

Context

The European Statistics Code of Practice was established in 2005 by the Statistical Programme Committee. It is presented in the Recommendation of the Commission of 25 May 2005 [COM(2005) 0217 final – Not published in the Official Journal]. The Code defines standards on the independence, integrity and accountability of the national and Community statistical authorities. It therefore contributes to the improvement of good governance, the quality of statistical data and user confidence in the authorities concerned.

A dialogue on the Code of Practice must be established between the Statistical Programme Committee, the European Statistical Advisory Committee and the relevant bodies in the Member States.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 235/2008/EC	16.3.2008	–	OJ L 73 of 15.3.2008

European Police Office – Europol

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European Police Office – Europol

Outline of the Community (European Union) legislation about European Police Office – Europol

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

European Police Office – Europol (from 1.1.2010)

Document or Iniciative

Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol).

Summary

This decision establishes the European Police Office (Europol) to support and strengthen mutual cooperation between Member States in preventing and combating terrorism and organised crime, including other forms of serious crime. Europol is based in The Hague, the Netherlands, and has legal personality.

Europol has competence in situations where two or more Member States are in need of a common approach to tackle organised crime, terrorism and other forms of serious crime. These also include related criminal offences.

Tasks of Europol

The main tasks of Europol are to:

collect, store, process, analyse and exchange information;
notify Member States of any connections between criminal offences concerning them;
assist Member States in investigations and provide intelligence and analytical support;
request Member States to initiate, conduct or coordinate investigations in specific cases and suggest the setting up of joint investigation teams;
draft threat assessments and other reports.

Based on Decision 2005/511/JHA on protecting the euro against counterfeiting, Europol is also designated as the central office to combat counterfeiting of the euro.

In matters where Europol has competence, its staff may participate in joint investigation teams. However, they may act only in a supportive capacity and may not take any coercive measures. The staff may provide information processed by Europol directly to the members of joint investigation teams.

National units

Each Member State is to designate a national unit to act as the sole liaison body between the competent authorities of its Member State and Europol. Only under conditions determined by the Member State in question may direct contact be permitted. Each national unit is to second at least one liaison officer to Europol, who will make up a national liaison bureau. These officers are to represent the interests of their national units and facilitate information exchanges between these units and Europol.

Information processing systems

Europol may process information and intelligence, including personal data, for the purpose of carrying out its tasks. To this end, a Europol Information System and analysis work files are established. Data entered into the system may concern persons who either have committed or are suspected of planning a criminal offence. It may consist of data relating directly to the person (name, nationality, social security number, etc.) and the offence committed. National units, liaison officers and Europol staff may input and retrieve data directly from the system. The designated competent authorities of Member States may merely search the system to ascertain that the data which they are requesting is available. Analysis work files may be opened by Europol to assemble, process and use data needed to assist in criminal investigations. In addition to the data on persons who have committed or are suspected of committing an offence, the files may contain data on witnesses, victims as well as contacts and associates of the offender.

Personal data

Any personal data retrieved from Europol may only be used by the competent authorities of Member States for the purpose of preventing and combating crimes. Europol may only use personal data to carry out its tasks. A Member State or third country or body may lay down further restrictions to the use of certain types of data it has communicated.

Europol may only hold data in data files for as long as is necessary for the performance of its tasks. Three years after input at the latest, the necessity for storing the data is reviewed. A data protection officer will ensure that personal data is processed lawfully.

Any person has the right to request a check of or access to personal data concerning him/her. In case the data is incorrect, the data subject has the right to request that it be corrected or deleted.

A national supervisory body in each Member State monitors that the input, retrieval and communication of personal data by its Member State is lawful. The joint supervisory body ensures the lawfulness of the storage, processing, use and transmission of personal data by Europol.

Relations with partners

Europol may cooperate with other European Union (EU) or Community institutions, bodies, offices and agencies when carrying out its tasks, in particular with Eurojust, the European Anti-Fraud Office (OLAF), the European External Borders Agency (Frontex), the European Police College (CEPOL), the European Central Bank (ECB) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

As determined by the Council, Europol may also cooperate with third countries and organisations, including the International Criminal Police Organisation (Interpol).

Organisation

The management board is the decision-making body of Europol. It consists of one representative from each Member State and one representative from the Commission, with each member having one vote. The director, who is the legal representative of Europol, is in charge of the organisation’s daily management. S/he is appointed by the Council for a period of four years, extendable once.

Europol is financed from the general budget of the EU.

Background

Europol was originally established on the basis of the Europol Convention of 1995. In order to simplify the administration of Europol and to reform it when necessary, a proposal was adopted in 2006 to replace the convention by this decision.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2009/371/JHA	4.6.2009	1.1.2010 (4.6.2009 for the second subparagraph of Article 57(2) and Articles 59, 60 and 61)	OJ L 121 of 15.5.2009

European Crime Prevention Network

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European Crime Prevention Network

Outline of the Community (European Union) legislation about European Crime Prevention Network

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against organised crime

European Crime Prevention Network (EUCPN)

Document or Iniciative

Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA.

Summary

This decision sets up the European Crime Prevention Network (EUCPN). The EUCPN succeeds the European Crime Prevention Network, which was established by Decision 2001/427/JHA.

The objective of the EUCPN is to develop crime prevention at the European Union (EU) level, as well as to support national and local level crime prevention activities. Crime prevention consists of all policies and actions aimed at reducing crime and its causes, as well as insecurity felt by citizens.

Tasks of the network

The EUCPN is responsible for:

improving cooperation, contacts and exchanges of information between stakeholders;
collecting, evaluating and sharing of information on crime prevention;
organising conferences and activities to develop crime prevention and to share the results of the work on crime prevention;
providing expertise to the European institutions (Council and Commission);
reporting annually to the Council on its work;
developing and implementing a work programme that addresses relevant crime threats.

In order to carry out its tasks, the EUCPN will use various means to exchange information. Through national representatives and contact points, it will maintain close contacts with all relevant stakeholders (such as crime prevention bodies, authorities and civil society). In addition, the EUCPN will disseminate information on its work as well as any useful information on crime prevention through its own website. Finally, it will promote the results of EU funded projects that are pertinent to crime prevention.

Structure of the network

The EUCPN is composed of a Board, a Secretariat and contact points.

The Board is made up of:

national representatives appointed by each EU country;
a Chair appointed from among the national representatives;
an Executive Committee led by the Chair and consisting of a maximum of six members of the Board and a Commission representative.

With a view to ensuring the proper operation of the EUCPN, the Board is responsible for its overall management. It adopts the network’s financial regulation, strategy, work programmes and annual reports. To carry out its tasks, the Board meets at least once every six months.

The Secretariat supports the Board, in particular by:

providing administrative and general assistance during meeting/conference preparations;
drafting annual reports and work programmes;
providing analysis and support in identifying research activities and information related to crime prevention;
providing a point of communication for the members of the network;
managing the EUCPN website.

The contact points are designated by the EU countries. They support the exchanges of information and expertise between the national representatives.

The EUCPN and its activities are financed by the EU countries.

Cooperation with other bodies

If appropriate for achieving its objectives, the EUCPN may cooperate with other bodies involved in crime prevention.

Background

The need to take action in the field of crime prevention was first identified at the Tampere European Council of 15-16 October 1999. Consequently, the European Crime Prevention Network was established in 2001 by Decision 2001/427/JHA.

In 2008-09, an evaluation of the European Crime Prevention Network noted the need to strengthen the network, in particular through enhanced participation of the national representatives. In order to make changes to the network, a new decision had to be adopted to replace Decision 2001/427/JHA.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2009/902/JHA	30.11.2009	–	OJ L 321 of 8.12.2009

European Monitoring Centre for Drugs and Drug Addiction

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European Monitoring Centre for Drugs and Drug Addiction

Outline of the Community (European Union) legislation about European Monitoring Centre for Drugs and Drug Addiction

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The institutions bodies and agencies of the union

European Monitoring Centre for Drugs and Drug Addiction

Document or Iniciative

Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast).

Summary

Council Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) had to be recast to keep abreast of new developments in the European Union (EU). The regulation also needed updating so as to extend the centre’s role to the investigation of new trends in drug use, especially poly-drug use, where illicit drugs are taken in combination with legal drugs or medication.

Role and activities

The role of EMCDDA is to process and produce statistical, documentary and technical information on drugs and drug addiction, and thereby provide the EU and its countries with an overall view of the European drugs situation when they take measures or devise activities in their respective spheres of responsibility. The centre may not go beyond this overall information brief and must not collect personal data.

This recast regulation strengthens the centre’s role. It extends the centre’s collection, registration and analysis work to also cover data on emerging trends in drug use. The regulation underlines the importance of exchanging information on best practices developed in EU countries.

The priority areas of EMCDDA activities consist of:

monitoring the state of the drugs problem and emerging trends, in particular those involving poly-drug use;
monitoring the solutions applied to drug-related problems, providing information on best practices in EU countries and facilitating the exchange of such practices among them;
maintaining a rapid information system and assessing the risks of new psychoactive substances;
developing tools and instruments to help the Commission and EU countries to monitor and evaluate their respective policies on drugs.

The organisation and working methods of EMCDDA are defined in such a way as to ensure the objectivity of the results sought, i.e. the comparability of sources and methods concerning information on drugs. Its activities in this framework can be summarised as follows:

collection and analysis of existing data;
improvement of data-comparison methods;
dissemination of data;
cooperation with European and international organisations and non-EU countries;
dissemination of information on new developments and trends.

The centre is assisted by a scientific committee.

The centre also has at its disposal the European Information Network on Drugs and Drug Addiction (Reitox). The network consists of one focal point for each EU country and for each country that has concluded an agreement on participation in EMCDDA, as well as of a focal point for the Commission.

The centre must take account of activities already carried out by other agencies, e.g. the European Police Office (Europol).

Legal and organisational status

The centre has legal personality. Any actions brought against it fall under the jurisdiction of the Court of Justice of the European Union (EJC). The centre’s headquarters are in Lisbon, Portugal.

EMCDDA is headed by a director, who is responsible for the centre’s daily management. The management board, which is assisted by an executive committee, adopts the centre’s:

three-year work programmes;
annual work programmes (under the three-year work programmes);
annual activity reports.

EMCDDA is also open to non-EU countries that attach the same importance as the EU and its countries to the issue of drugs. The regulation specifies the status of members representing these countries on the management board.

The centre is to gradually achieve its aims, in light of the objectives laid down in the three-year and annual work programmes and with due regard to the resources available. Every six years the Commission will conduct an external evaluation that must also cover the Reitox network.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1920/2006	16.1.2007	–	OJ L 376, 27.12.2006