THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 325 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the Court of Auditors,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1)
In accordance with Article 15(1) of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, the Supervisory Committee of the European Anti-Fraud Office (‘the Office’) is tasked with regularly monitoring the implementation by the Office of its investigative function, in order to reinforce the Office's independence.
(2)
The framework for the implementation of the budgetary appropriations relating to the members of the Supervisory Committee should be set up in a way that avoids any appearance of a possible interference of the Office in their duties. Regulation (EU, Euratom) No 883/2013 should be adapted in order to allow for such a framework, while guaranteeing the same transparency of the appropriations for the operation of the Supervisory Committee as before.
(3)
In order to ensure that the Supervisory Committee functions effectively and efficiently, its secretariat should be provided directly by the Commission, independently from the Office, and the Commission should provide the secretariat with appropriate means to fulfil its function. In order to safeguard the Supervisory Committee's independence, the Commission should refrain from interfering with the monitoring functions of the Supervisory Committee.
(4)
Where the Office appoints a Data Protection Officer in accordance with Article 10(4) of Regulation (EU, Euratom) No 883/2013, that Data Protection Officer should continue to be competent for the processing of data by the secretariat of the Supervisory Committee.
(5)
Confidentiality obligations for the staff of the secretariat of the Supervisory Committee should continue to apply.
(6)
The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council and on 18 March 2016 decided not to issue any opinion,
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