Early Warning System - OLAF

Opinion of 4 October 2007 on a notification for prior checking on the Early Warning System (Case 2007-243)

The purpose of the Early Warning System (EWS) is to ensure the circulation of restricted information concerning third parties who could represent a threat to the Communities' financial interests and reputation or to any other fund administered by the Communities, with respect to which the Commission has a reasonable chance of entering, or has already entered, a contractual/conventional relationship with them.

As regards OLAF's function in the EWS, one has to differentiate between two separate roles:

• OLAF in its capacity as an investigative body may provide information leading to W1a and b flagging under Article 2(1) and (2) of the EWS Decision and W2a and W3b flagging under Article 3 and 4 of the EWS Decision.
• Like other DGs of the European Commission OLAF is eligible to initiate different flaggings not covered by its capacity as an investigative body. These flaggings are not analysed in the present opinion. OLAF's relation to the EWS as a 'normal Directorate-General' of the European Commission has already been prior checked by the EDPS. Access to the warnings also does not fall within the scope of this opinion.