2004/26/: Decision No 26/2004 of the Committee of the Regions of 10 February 2004 relating to the conditions and procedures 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
Without prejudice to the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, the texts implementing them and the provisions of the Staff Regulations, the Secretary-General, the services and any manager, official or servant of the Committee of the Regions (hereinafter the Committee) and the members, shall be required to cooperate with the European Anti-Fraud Office (hereinafter 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 Committee 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, his director or the Secretary-General, or, if he considers it useful, the Office direct.
The Secretary-General, the directors and the heads of service 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 Committee who acquire knowledge of facts as referred to in the first paragraph shall inform the President of the Committee or, if they consider it useful, the Office direct.
Assistance from the Security Office
At the request of the Director of the Office, the Security Office of the Committee shall assist the Office in the practical conduct of investigations.
Informing the interested party
Where the possible personal implication of a member, manager, official or servant emerges, the interested party shall be informed rapidly provided that this does not jeopardise the investigation. In any event, conclusions referring by name to a member, manager, official or servant of the Committee 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 member, manager, official or servant of the Committee to give his views may be deferred in agreement with either the president or the Secretary-General.
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 Committee, 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 Committee, the Office shall be informed.
Final provision
This Decision cancels Decision No 294/99 of the Bureau of the Committee of the Regions of 17 November 1999, relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests.
This Decision shall take effect on 1 March 2004.
Done at Brussels, 10 February 2004.
For the Bureau of the Committee of the Regions
The President
Albert Bore
(1) OJ L 136, 31.5.1999, p. 20.
(2) OJ L 136, 31.5.1999, p. 1.
(3) OJ L 136, 31.5.1999, p. 15.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
