Brussels, 12/01/2000 (Agence Europe) - On Wednesday, the European Commission decided to turn to the Court of Justice against the European Central Bank for not having sufficiently recognised the powers of Olaf (anti-fraud office) where it is concerned, and next week will do likewise against the European Investment Bank. The May 1999 Regulation putting Olaf in place stipulates that all institutions and agencies have to comply with its provisions. The two financial institutions of the European Union "have effectively taken decisions, but these are not enough", a Commission spokesperson explains. "Olaf has to be able to undertake its own investigations, have access to institutions". In Concrete terms, the EIB and ECB are being accused of not agreeing to Olaf investigators being able to penetrate their offices, or decide on its own to undertake investigations. Regarding the ECB, the decision to create an independent internal auditing system "is positive", says the Commission, "but Olaf needs greater powers". Regarding the EIB, one of the problems, according to the Commission, is that the decision taken by this institution concerning Olaf distinguishes between the management of European funds - that could be the subject of a certain amount of cooperation with Olaf - and own-funds, which come from Member states, and for which the EIB considers it has not to answer to the EU.
The two financial institutions consider that the Treaty grants them independence that enables them, obliges them even, to retain a certain distance from Olaf. Both consider they have taken the necessary steps to participate in the fight against fraud, taking account both of their independence and Olaf regulation. The EIB considers that the appeal to the Court of Justice will enable for a decision to be taken between the two legal interpretations of the relationship between the EU and the EIB "which belongs to the Member states and not the EU".