Source: European Parliament
The European Anti-Fraud Office (OLAF) conducts its investigative work in full independence, in accordance with Article 17(3) of Regulation (EU, Euratom) No 883/2013[1].
The Commission is not in a position to comment on the internal decision-making process of OLAF. The Commission is neither involved in nor informed of OLAF’s operational decisions and therefore cannot comment on specific cases.
Regarding referrals to the European Public Prosecutor’s Office (EPPO), OLAF is required, under Article 12c of Regulation (EU, Euratom) No 883/2013, to submit a report to the EPPO without undue delay on any criminal conduct in respect of which the EPPO could exercise its competence in line with Chapter IV of Regulation (EU) 2017/1939 (‘EPPO Regulation’)[2]. Such decisions fall exclusively within OLAF’s independent mandate and operational discretion.
EPPO is competent to deal with corruption cases which affect or are likely to affect the protection of EU’s financial interests. Its mandate does not include investigations of corruption cases outside such a situation.
The Commission is evaluating the implementation and impact of the EPPO Regulation, which is expected to be finalised by June 2026.
In light of the conclusions and lessons learned from this evaluation, the Commission will consider whether the regulation needs to be revised.
- [1] Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999, OJ L 248, 18.9.2013, p. 1-22.
- [2] Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’), OJ L 283, 31.10.2017, p. 1-71.