On Tuesday 3 October, the European Commission published its assessment report of the legal framework governing the investigations carried out by the European Anti-Fraud Office (OLAF) and announced that in the first half of 2018, it will examine whether there is a need to present a revision of it.
Although the legal framework currently in force, which was set in place in 2013, has allowed OLAF to fulfil its mandate, changes may be necessary in the future to allow it to live side-by-side with the new body to tackle fraud against European funds and value-added tax (VAT) at cross-border level, the European Public Prosecutor's Office (EPPO), which is expected to open for business in 2020 (see EUROPE 11870). This is the conclusion reached by the Commission in its report.
The creation of the EPPO will not change OLAF's general mandate, and it will for instance remain competent for administrative investigations into suspected fraudulent and non-fraudulent irregularities in the member states and will continue to make recommendations to launch legal, disciplinary, financial or administrative proceedings. In other areas in which the two bodies will have to work together, however, adaptations will be necessary to avoid any risk of duplicating investigations, the report states.
Its mandate, OLAF will be a major source of information for the EPPO. In this regard, OLAF's treatment of information received regarding criminal conduct and its swift submission to the EPPO will have to be governed by specific procedures.
The report also sets out areas for reflection on strengthening the effectiveness of OLAF's investigational function. In particular, the Commission is considering solutions to increase the consistent application of the investigation tools made available to OLAF in all member states, in order to ensure a standard level of protection throughout the EU. The institution is also considering changes to the rules on the admissibility of OLAF's reports as evidence in legal proceedings carried out by the member states.
In the longer term, the report suggests that an in-depth process be launched to modernise the framework of OLAF's investigations. The foundations of this framework date back to when the office was created in 1999 and therefore need to be brought into line with fraud practices in the 21st century.
The Commission's assessment is available at: http://bit.ly/2fOebds. (Original version in French by Marion Fontana)