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In addition, while the proposal reflects well the principles of co-operation between OLAF and the future European Public Prosecutor’s Office (EPPO), certain issues could hamper effective collaboration, say the auditors. An Opinion on the EU anti-fraud programme for 2021-2027 is also being published.
The key objectives of the EC’s proposal are to adapt OLAF’s operations in light of the establishment of the EPPO and to improve OLAF’s effectiveness.
Timeliness and the recovery of funds are major challenges for OLAF’s investigations, the ECA points out. The ECA welcomes the limited number of targeted measures in the proposal, including OLAF’s new mandate on VAT fraud, admissibility of collected evidence and access to bank account information. However, the ECA recommends that OLAF’s investigations be reviewed by the Court of Justice to ensure that procedural safeguards have been adhered to. Overall, the proposal does not solve the issues surrounding the effectiveness of OLAF’s administrative investigations, they warn. The EC recognises this too, but a schedule for further reform of OLAF and a clear identification of issues to be addressed are both currently lacking.
“Increasing the effectiveness of its investigations remain challenging issues for OLAF”, said Eva Lindström, the Member of the ECA responsible for the Opinion.“As it stands, the proposed reform of OLAF does not guarantee that the protection of the EU financial interests will be effectively strengthened”.