Article 5Designation of observers and cooperation with OLAF

1.

Observers shall not participate in the adoption of recommendations by the Panel pursuant to Article 13.

2.

Representatives of the following entities shall have observer status:

(a)

the Commission's Legal Service;

(b)

the European Anti-Fraud Office (OLAF), where the authorising officer's request is based, inter alia, on information transmitted by OLAF;

(c)

authorising officers (other than the requesting authorising officer) of the Commission, of a European office set up by the Commission, of an executive agency, another institution, or another European office, body or agency who are concerned by the case submitted to the Panel; and

(d)

any other entity invited by the Chair.

3.

A representative of the Legal Service shall attend all meetings of the Panel. The Legal Service shall be informed of all written procedures as referred to in Article 10 and may provide oral or written comments. It shall do so if the Chair so requests.

4.

Where OLAF has observer status pursuant to point (b) of paragraph 2, OLAF shall cooperate closely with the Panel in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council6, with due regard to the respect of procedural and fundamental rights and to the protection of whistle-blowers. In such cases, its representatives may attend all meetings of the Panel and participate in all oral and written procedures as referred to in Articles 9 and 10 by providing oral and/or written comments and shall do so where invited by the Chair.

In other cases, OLAF may be invited to provide relevant information or advice, where the Chair considers it appropriate for the protection of the Union's financial interests.

5.

Authorising officers with observer status pursuant to point (c) of paragraph 2 shall attend all meetings of the Panel. They shall be informed of all written procedures as referred to in Article 10 and may provide oral and written comments.

6.

Other observers shall attend the meetings of the Panel where invited by the Chair and may provide oral and written comments at the Chair's invitation.