Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Principles
1. Articles 1 to 4, 8, 20 and 21 in Chapter I of these Rules of Procedure apply to the Panel’s exercise of the consultative powers conferred on it by Article 93 of Regulation (EU, Euratom) 2024/2509. 2. Other articles in Chapter I of these Rules of Procedure shall also apply to the Panel’s exercise of the powers referred to in paragraph 1, unless otherwise provided for in this Chapter.
Additional members of the Panel and their deputies
1. When issuing the opinion referred to in Article 93(1) of Regulation (EU, Euratom) 2024/2509, the Panel shall be composed of the members referred to in Article 145(2), points (a) to (c), of that Regulation and of the following three additional members: (a) a representative of the appointing authority in charge of disciplinary matters of the Union institution, Union body, European office or body or person concerned when the case is referred in accordance with Article 93(1), first subparagraph, point (a), or a representative of the authorising officer responsible when the case is referred in accordance with Article 93(1), first subparagraph, point (b); (b) a member appointed by the staff committee of the Union institution, Union body, European office or body or person concerned; (c) a member of the legal service of the institution, European office set up by the Commission, executive agency or other European office, body or agency of the member of staff concerned. 2. The persons referred to in Article 5(1), second subparagraph, and Article 5(2), second subparagraph, may participate in all deliberations of the Panel, and shall only participate in voting when the permanent representative of the Commission for whom they are a deputy is unable to do so. 3. Each of the three additional members referred to in paragraph 1 shall have a deputy designated, respectively, by: (a) the appointing authority concerned or the authorising officer responsible; (b) the staff committee concerned; (c) the legal service concerned.
Designation of observers
1. The Commission’s Legal Service shall designate an observer when the staff member concerned does not belong to the Commission. 2. The authorising officer responsible or, where appropriate, the Head of a Union Delegation acting as authorising officer by sub-delegation, or their representatives, shall have observer status. 3. OLAF shall designate an observer when the information relating to the alleged breach of a provision of Regulation (EU, Euratom) 2024/2509 or of any other provision relating to financial management or control of transactions results from information transmitted by OLAF. 4. The disciplinary office of the institution or body concerned shall designate an observer where a case is referred to the Panel by the appointing authority. In other cases, it may be invited by the chair to designate an observer. 5. After consulting the members, the chair may invite other observers.
Permanent secretariat of the Panel
1. Article 7, except for paragraph 2, points (k) and (o), thereof, applies for the purposes of this Chapter. 2. In particular, the permanent secretariat shall: (a) where the Panel is directly informed of a case by a staff member, ensure that the file is sent to the appointing authority and shall notify this to the staff member who transmitted the information, as specified in Article 26(2); (b) where a case is referred to the Panel, verify the capacity of the referring authority and of its designated representatives; (c) identify, in agreement with the chair, the three additional members of the Panel and the observers and verify their capacity; (d) verify that the files are complete and contain all the necessary documents and information, in particular the information sheet referred to in Article 11(4), a description of the facts and the alleged irregularity, and the supporting documents, including the investigation reports; (e) verify that the staff member concerned has been properly heard by the appointing authority or the authorising officer responsible, as appropriate; (f) draw up the draft opinions to be submitted for examination by the Panel and send them to the chair, to the other members and to the observers who have been called upon to participate in settling a case; (g) send the recommendations referred to in Article 93(3) of Regulation (EU, Euratom) 2024/2509 to the authorising officer responsible and the internal audit service responsible; (h) where the Panel considers that the case is a matter for OLAF, transmit the file to the appointing authority without delay and inform OLAF.
Referral of cases to the Panel
1. In accordance with Article 93(1) of Regulation (EU, Euratom) 2024/2509, the Panel shall be convened at the request of any appointing authority responsible for disciplinary matters or of an authorising officer responsible, including a head of a Union delegation or a deputy acting as the authorising officer by sub-delegation, hereinafter a ‘referring authority’. 2. Where the Panel is directly informed by a staff member, it shall send the file to the competent appointing authority or, as appropriate, to the authority empowered to conclude contracts and inform that staff member. If the competent appointing authority decides to refer the case to the Panel, it shall inform the staff member. If it decides not to refer the case to the Panel, it shall inform the Panel and the staff member. 3. By way of derogation from paragraph 2, in order to ensure that whistle-blowers are effectively protected, as provided for in Article 22a(3) of the Staff Regulations, the Panel may decide not to inform the competent appointing authority and to inform OLAF.
Written procedure
At the initiative of the chair or at the request of a member of the Panel, opinions may be adopted by written procedure. Any member of the Panel may object to the use of the written procedure. In that case, the chair shall convene a meeting within a reasonable time. The same rule shall apply as regards the recommendation referred to in Article 93(3) of Regulation (EU, Euratom) 2024/2509.
Adoption of opinions and recommendations
1. The Panel shall seek to reach a consensus on whether a financial irregularity has occurred and on the reasoning underlying its opinions or recommendations. 2. In the absence of a consensus, the matter shall be put to a vote in which: (a) the chair has one vote; (b) the two permanent representatives of the Commission together have one vote; (c) three additional members referred to in Article 23(1) have one vote each. 3. Paragraphs 1 and 2 apply mutatis mutandis to the adoption of the recommendations. The consensus or the vote shall concern in particular the systemic nature of the issues detected.
Notification of opinions
The Panel shall notify opinions without delay to the referring authority, the authorising officer responsible and the observers. Where the EPPO has been invited as an observer, the provisions of Article 103 of Regulation (EU) 2017/1939 shall apply.
The staff member’s right to be heard
In accordance with Article 93(2) second subparagraph of Regulation (EU, Euratom) 2024/2509, before referring a case to the Panel, the appointing authority or, as applicable, the authorising officer responsible shall give the member of staff involved the opportunity to present his or her observations on the facts concerning them.
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.