On the proposal for a Council regulation amending Regulation (EU) No 904/2010 as regards the access of the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF) to value added tax information at Union level
ECON-PR-784400
Committee on Economic and Monetary Affairs · Rapporteur: Michalis Hadjipantela
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The draft report approves the Commission proposal, as amended, to give the EPPO and OLAF access to VAT information, with safeguards on data minimisation and targeted searches.¶¶¶ Amendments limit access to specific data categories, require access to be linked to concrete cases and identified users, and delete provisions making EPPO and OLAF bear the costs of infrastructure.¶¶
Committee position. The rapporteur proposes approving the Commission proposal as amended, with amendments focusing on data protection safeguards, limiting access to necessary data, and ensuring financial resources for EPPO and OLAF.¶¶¶
Key points
- Parliament approves the Commission proposal as amended.¶
- EPPO access to Eurofisc information should be allowed only for criminal law enforcement purposes.¶
- Access to VIES, Surveillance System, CESOP and other systems should be limited to specified data categories and only for EPPO and OLAF duties under their regulations.¶
- Adequate financial resources should be made available to EPPO and OLAF for maintaining secure access infrastructure.¶
- Eurofisc coordinators must communicate suspected cross-border VAT fraud to EPPO and OLAF without delay, but only information strictly necessary for them to assess competence.¶¶
- Centralised access for EPPO and OLAF must be limited to what is strictly necessary for investigating or prosecuting specific criminal offences, preventing untargeted searches.¶¶
- Each access must be attributable to a specific investigation or prosecution and to an identified authorised user, with logs for ex-post verification.¶¶
- Provisions making EPPO and OLAF bear the costs of establishing and maintaining access infrastructure are deleted.¶¶
Who is affected
- EPPO and OLAF: gain access to VAT information but with restrictions on data categories and requirements for targeted, logged access.¶¶¶
- Eurofisc working field coordinators: must communicate fraud indications to EPPO and OLAF, but only strictly necessary information.¶¶
- Member States and the Commission: must make adequate financial resources available for EPPO and OLAF infrastructure.¶
Legal basis: Article 113 of the Treaty on the Functioning of the European Union¶