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Document 02018D1220-20230927
Commission Decision (EU) 2018/1220 of 6 September 2018 on the rules of procedure of the panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council
Consolidated text: Commission Decision (EU) 2018/1220 of 6 September 2018 on the rules of procedure of the panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council
Commission Decision (EU) 2018/1220 of 6 September 2018 on the rules of procedure of the panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council
02018D1220 — EN — 27.09.2023 — 002.001
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COMMISSION DECISION (EU) 2018/1220 of 6 September 2018 (OJ L 226 7.9.2018, p. 7) |
Amended by:
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L 234 |
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L 236 |
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26.9.2023 |
COMMISSION DECISION (EU) 2018/1220
of 6 September 2018
on the rules of procedure of the panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Decision lays down the rules of procedure of the Panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046.
Article 2
Appointment, termination of appointment and dismissal of the Chair and of his/her deputy
At the end of his/her term of office, in so far as required for the functioning of the Panel, the Chair shall remain in his/her post until his/her replacement is appointed. This period may not exceed six months.
Article 3
Deputising for the Chair
Article 4
Responsibilities of the Chair
Article 5
Designation of the other Panel members and their deputies
The Director-General for Budget shall designate the second permanent member representing the Commission ad personam among Commission officials of at least AD14 grade. The Director-General for Budget shall designate an official from at least the function group of Head of Unit or equivalent to deputise for this permanent member.
Article 6
Observers
In matters where the request of the referring authority is based, in whole or in part, on information transmitted by the European Public Prosecutor’s Office (EPPO), the latter shall transmit information and attend as an observer in accordance with the provisions of the agreement referred to in Article 103(1) of Council Regulation (EU) 2017/1939.
Article 7
Permanent secretariat
Under the Chair's authority, the permanent secretariat shall:
verify the capacity of the referring authorities, of their designated representatives and of the observers;
verify that referrals are complete and contain all the necessary documents and information, in particular the information sheet;
identify any other authorising officers concerned by the case who may be proposed as possible observers;
organise the necessary dealings and contacts with the referring authority, the Commission's Legal Service and other bodies that are or may be associated with the case in question in order to obtain updates on the information contained in the referrals;
draw up the drafts to be submitted to the Panel for examination and send them to the Chair, the other members and the observers who are to participate in settling a case;
propose to the Chair the draft schedule of the Panel's meetings;
draw up the draft agenda for the Panel's meetings and send it to the members and participants;
verify the presence of the persons and documents required to ensure that the Panel's deliberations are conducted properly;
attend the deliberations of the Panel and ensure that they are followed up;
draw up summary minutes of each meeting for the file and send them to the members;
notify the economic operators;
notify the referring authority of the recommendation adopted by the Panel;
ensure that all correspondence addressed to the Panel or relating to its activities is followed up;
keep the register of the recommendations adopted by the Panel and the decisions taken by the authorising officer responsible;
ensure publication of the decisions on exclusion and financial penalties referred to in Article 140 of Regulation (EU, Euratom) 2018/1046.
Article 8
Prevention and management of conflicts of interests
Article 9
Cooperation between the Panel and OLAF
Article 9a
Cooperation with the EPPO
The arrangements for cooperation with the EPPO shall be set out in the agreement referred to in Article 103(1) of Council Regulation (EU) 2017/1939.
Article 10
Referral of cases to the Panel
Where the referral is made by an authority that does not come under the Commission, the necessary contacts shall be established immediately by the permanent secretariat in order to make sure that both sides ensure the confidentiality of the exchanges on the case in question.
Article 11
Convening the Panel
A meeting of the Panel shall be convened by the Chair for the purpose of:
establishing the preliminary classification in law, pursuant to Article 136(2) of Regulation (EU, Euratom) 2018/1046 with a view to notifying the economic operator concerned thereof;
adopting a recommendation as referred to in Article 143(6) of Regulation (EU, Euratom) 2018/1046.
dealing with any questions relating to the Panel's functioning.
Article 12
Written procedure
On the initiative of the Chair or at the request of another member of the Panel, the facts and the preliminary classification in law may be established, and the recommendation may be adopted, by written procedure. Any member of the Panel may object to the use of the written procedure. Observers shall be associated with this procedure.
Article 13
The economic operator's right to be heard
Article 14
Adoption of letters and recommendations
The Chair and the other members shall endeavour to reach a consensus on the content of the letter notifying the economic operator concerned of the alleged facts and their preliminary classification in law and, subsequently, on the recommendation.
In the absence of a consensus, the matter shall be put to a majority vote in which:
the Chair has one vote;
the two permanent members together have one vote;
the member representing the referring authority has one vote.
Article 15
Notification of the recommendation
The Panel shall notify its recommendation to the referring authority and the observers.
Article 16
Time limits for the settlement of a case
Article 17
Confidentiality of the proceedings and deliberations
Without prejudice to the application of Article 8(1) of Regulation (EU, Euratom) No 883/2013 and Article 22a of the Staff Regulations ( 2 ), the members of the Panel and of its secretariat, as well as any persons who, in any capacity, have participated in the proceedings or meetings of the Panel or have been involved in preparing the documents, opinions or positions issued by it, shall comply with the strictest confidentiality in this respect, in accordance with their possible administrative or contractual liability or liability under the Staff Regulations. The same applies to the Chair and his/her deputy.
Article 18
Handling of requests for access to documents and protection of personal data
Regulation (EC) No 1049/2001 and Regulation (EC) No 45/2001 shall apply to the proceedings of the Panel.
CHAPTER II
SPECIFIC PROVISIONS ON THE EXERCISE OF THE CONSULTATIVE POWERS REFERRED TO IN ARTICLE 93 OF THE FINANCIAL REGULATION
Article 19
Principles
Article 20
Additional members of the Panel and their deputies
When issuing the opinion referred to in Article 93(1) of Regulation (EU, Euratom) 2018/1046, the Panel shall be composed of the members referred to in Article 143(2) of Regulation (EU, Euratom) 2018/1046 and the following three additional members:
a representative of the appointing authority in charge of disciplinary matters of the institution or body concerned;
a member designated by the staff committee of the institution or body concerned;
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 staff member concerned.
Each of these three members shall have a deputy designated, as appropriate, by:
the appointing authority concerned;
the staff committee concerned;
the legal service concerned.
Article 21
Designation of the observers
Article 22
Permanent secretariat of the Panel
In particular, the secretariat shall:
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 23(2);
where a case is referred to the Panel, verify the capacity of the referring authority and of its designated representatives;
identify, in agreement with the Chair, the three additional members of the Panel and the observers and verify their capacity;
verify that the files are complete and contain all the necessary documents and information, in particular the information sheet, a description of the facts and the alleged irregularity, and the supporting documents, including the investigation reports;
verify that the staff member concerned has been properly heard by the appointing authority or the authorising officer responsible, as appropriate;
draw up the draft opinions to be submitted for examination by the Panel for a decision 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;
send the recommendations referred to in Article 93(3) of Regulation (EU, Euratom) 2018/1046 to the authorising officer responsible and the internal audit service responsible;
where the Panel considers that the case is a matter for OLAF, transmit the file to the appointing authority without delay and inform OLAF.
Article 23
Referral of cases to the Panel
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, by way of derogation from the preceding subparagraph, not to inform the competent appointing officer and to inform OLAF.
Article 24
Written procedure
At the initiative of the Chair or at the request of a member of the Panel, the opinion may be established by written procedure. Any member of the Panel or, if appropriate, the Chair 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) 2018/1046.
Article 25
Adoption of the opinion and the recommendation
In the absence of a consensus, the matter shall be put to a vote in which:
the Chair has one vote;
the two permanent members representing the Commission together have one vote;
the member representing the referring authority has one vote;
the three additional members have one vote each.
In the event of a tied vote, the Chair shall have the casting vote.
Article 26
Notification of the opinion and the recommendation
The Panel shall notify the opinion 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 the agreement referred to in Article 103(1) of Council Regulation (EU) 2017/1939 shall apply.
Article 27
The staff member's right to be heard
In accordance with Article 93(2) second subparagraph of Regulation (EU, Euratom) 2018/1046, before referring a case to the Panel, the appointing authority or, as applicable, the authorising officer responsible shall give the staff member the opportunity to present his/her observations on the facts concerning him/her. In accordance with Article 22(2)(e), after the referral of the case the permanent secretariat shall verify that the interested party has been properly heard.
CHAPTER III
FINAL PROVISIONS
Article 29
Review
This Decision shall be reviewed at the latest at the date determined by the Commission in accordance with Article 120(2), second and third subparagraphs, of Council Regulation (EU, Euratom) 2017/1939 ( 3 ).
Article 30
Repeal
Article 31
Entry into force and application
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of Article 143(4) of Regulation (EU, Euratom) 2018/1046.
( 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 Ant-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).
( 2 ) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
( 3 ) 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).