1999/394/EC, Euratom: Council Decision 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 Communities' interests
Duty to cooperate with the Office
The Secretary-General, the services and any official or servant of the General Secretariat shall be required to cooperate fully with the Office's employees and to lend any assistance required to the investigation. With that aim in view, they shall supply the Office's employees with all useful information and explanations.
Without prejudice to the relevant provisons of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, and the texts implementing them, Members of the Council, and of its bodies, shall cooperate fully with the Office.
Duty to supply information
Any official or servant of the General Secretariat 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, or of serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials or servants of the Communities liable to result in disciplinary or, in appropriate cases, criminal proceedings, or a failure to comply with the obligations imposed by Community law on Members of the Council and its bodies in the context of the duties they perform in that capacity, where that failure is detrimental to the interests of the Communities, shall without delay inform his Head of Service or Director-General or, if he considers it useful, the Secretary-General or the Office directly.
The Secretary-General, the Directors-General and the Heads of Service of the General Secretariat shall transmit without delay to the Office any evidence of which they are aware from which the existence of irregularities as referred to in the first paragraph may be presumed.
Officials or servants of the General Secretariat must in no way suffer inequitable or discriminatory treatment as a result of having communicated the information referred to in the first and second paragraphs.
Members of the Council and Permanent Representatives who acquire knowledge of facts as referred to in the first paragraph shall inform the President of the Council or, if they consider it useful, the Office directly. Delegates of the Member States who acquire knowledge of facts as referred to in the first paragraph shall inform the Permanent Representative of their Member State.
Assistance from the Security Office
At the request of the Director of the Office, the Security Office of the General Secretariat shall assist the Office in the practical conduct of investigations.
Informing the interested party
Where the possible personal implication of a Member of the Council or one of its bodies, or of an official or servant of the General Secretariat emerges, the interested party shall be informed rapidly provided that this does not jeopardise the investigation. In any event, conclusions referring by name to one of those persons may not be drawn once the investigation has been completed without the interested party having been enabled to express his views on all the facts which concern him.
In cases necessitating the maintenance of absolute secrecy for the purposes of the investigation and requiring the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite the person concerned to give his views may be deferred in agreement with the President of the Council or the Secretary-General as appropriate.
Information on the closing of the investigation with no further action taken
If, following an internal investigation, no case can be made out against the person against whom allegations have been made, the internal investigation concerning him shall be closed, with no further action taken, by decision of the Director of the Office, who shall inform the interested party in writing.
Waiver of immunity
Any request from a national police or judicial authority regarding the waiver of immunity from judicial proceedings of an official or servant of the General Secretariat concerning possible cases of fraud, corruption or any other illegal activity shall be transmitted to the Director of the Office for his opinion. If a request for a waiver of immunity concerns a Member of the Council or one of its bodies the Office shall be informed.
Effective date
This Decision shall take effect on 1 June 1999.
Done at Brussels, 25 May 1999.
For the Council
The President
H. EICHEL
(1) OJ L 136, 31.5.1999, p. 1.
(2) OJ L 136, 31.5.1999, p. 8.
(3) OJ L 136, 31.5.1999, p. 15.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
