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Slide 1 - Protection of the financial Interest of the EU --- ANTI-FRAUD MEASURES --- Budapest, 23/11/2011
Slide 2 - Target of the protection CORRUPTION Anti-Fraud Measures
Slide 3 - Implementation of the budget Anti-Fraud Measures
Slide 4 - Why to create OLAF CORRUPTION! Findings of the ECA in 1998 and other corruption related suspicions, together with the errors in the functioning of UCLAF led to the resignation of the Santer Commission. The beginning: Unité de Coordination de La Lutte Anti-Fraude (UCLAF) Need for a service which main objective is: to protect the financial interests of the European Union by combating fraud, corruption and any other illegal activities, including serious misconduct within the European Institutions while exercising the investigative powers conferred on the Commission. Anti-Fraud Measures
Slide 5 - European Anti-Fraud Office In the building blocks of the EU: Treaty on the Functioning of the European Union Article 317 (ex Article 274 TEC) – Responsiblity for the implementation of the EU budget Treaty on the Functioning of the European Union Article 325 (ex Article 280 TEC) – Obligation to counter fraud at Commission and MS level Legal basis: 1999/352/EC, ECSC, Euratom: Commission Decision establishing the European Anti-fraud Office (OLAF) Regulation (EC) No 1073/1999 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF) Council Regulation (Euratom, EC) No 2185/96 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities Council Regulation (EC, Euratom) No 2988/95 on the protection of the European Communities financial interests Anti-Fraud Measures
Slide 6 - Objective: Protection of the financial interests and the reputation ot the EU. Status: Special independent status in its operational and investigation functions; Director-general may neither seek nor accept instructions from any Government or any institution; Director-general appointed by the Commission after consultations with Parliament and Council; Director-general opens investigations of his own motion; Director-general can bring an action against the Commission before the Court of Justice; Supervisory Committee to reinforce the Office's independence. European Anti-Fraud Office Anti-Fraud Measures
Slide 7 - Focus on serious cases Serious case Less serious case OLAF Fraud , corruption and international relation Serious misconduct Serious error Weak policy Formalerror Misinterpreted rules ECA/DGs Anti-Fraud Measures
Slide 8 - AFCOS Recognition of the need for a cooperation partner (strategic documents) Candidate Countries’ administrative structures were unknown to OLAF Decrease the risks deriving from lack of experience in management of public funds AFCOS The beginning: Anti-Fraud Measures
Slide 9 - AFCOS The objective: co-ordinating, within the country, all legislative, administrative and operational obligations and activities related to the protection of the EU financial interests; and ensuring co-operation with the Commission (OLAF) and the Member States, as required by Article 325 of TFEU (former 280 of the EC Treaty). Presidency intermezzo: Member States shall, for the purposes of this Regulation, designate a service (hereinafter "the anti-fraud coordination service") to facilitate an effective cooperation and information exchange with the Office. Where appropriate, in accordance with national law, the anti-fraud coordination service may be regarded as "a competent authority" within the meaning of this Regulation. Anti-Fraud Measures
Slide 10 - AFCOS The main functions: taking the lead in formulating, disseminating, co-ordinating and implementing a comprehensive national anti-fraud strategy, aimed at reinforcing the protection of the EU financial interests; identification of possible weaknesses in the national system for the management of EU funds; initiation of the necessary legislative, regulatory and administrative adaptations, aimed at ensuring an effective protection of the EU financial interests dissemination of information to authorities responsible for the management of EU funds and revenues, concerning obligations and procedures to follow as regards the protection of the EU financial interests Anti-Fraud Measures
Slide 11 - Irregularity, Fraud Council Regulation (EC, Euratom) No 2988/95 on the protection of the European Communities financial interests 'Irregularity’ shall mean any infringement of a provision of Community law resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, either by reducing or losing revenue accruing from own resources collected directly on behalf of the Communities, or by an unjustified item of expenditure Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (PIF Convention) ‘Fraud’ affecting the European Communities' financial interests shall consist of: the use or presentation of false, incorrect or incomplete statements or documents non-disclosure of information in violation of a specific obligation the misapplication of such funds for purposes other than those for which they were originally granted; Anti-Fraud Measures
Slide 12 - The reasons behind Fraud Anti-Fraud Measures Rationalization Opportunity Financial pressure
Slide 13 - Fraud statistics Anti-Fraud Measures
Slide 14 - Protocol drawn up on the basis of the PIF Convention ‘Passive Corruption’ the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or for a third party, or accepts a promise of such an advantage, to act or refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities' financial interests ‘Active Corruption’ the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities' financial interests Corruption Anti-Fraud Measures
Slide 15 - Based on the Protocol, MSs adopted it are obliged to: take the necessary measures to ensure that in its criminal law the descriptions of the offences constituting EU fraud committed by its national officials in the exercise of their functions apply similarly in cases where such offences are committed by Community officials in the exercise of their duties; take the necessary measures to ensure that in its criminal law the description of corruptions committed by or against its high ranking officials in the exercise of their functions apply similarly in cases where such offences are committed by or against members of institutions of the EU respectively in the exercise of their duties; take the necessary measures to ensure that the forms of corruption and participating in and instigating the conduct in question, are punishable by effective, proportionate and dissuasive criminal penalties, including, at least in serious cases, penalties involving deprivation of liberty which can give rise to extradition. Corruption Anti-Fraud Measures
Slide 16 - INTERINSTITUTIONAL AGREEMENT of 25 May 1999 between EP, Council and Commission Institutions agree: to adopt common rules consisting of the implementing measures required to ensure the smooth operation of the investigations carried out by the Office within their institution. To recognise the need to send to the Office, for an opinion, any request for the waiver of the immunity from judicial proceedings of an official or servant relating to any cases of fraud or corruption or any other illegal activity. If a request for the waiver of immunity concerns one of their members, the Office shall be informed. Irregularity, Fraud and Corruption Anti-Fraud Measures
Slide 17 - Protocol has not yet been ratified and transposed into the law of all EU Member States; to date there is no mechanism in place monitoring the existence, and assessing the effectiveness, of anti-corruption policies at EU and Member State level in a coherent crosscutting manner an estimated 120 billion Euros per year, or one percent of the EU GDP, is lost to corruption; implementation of the anti-corruption legal framework unsatisfactory overall, the EU anti-corruption legislation is not transposed in all Member States; even where anti-corruption institutions and legislation are in place its enforcement is often insufficient in practice; a strong need for political commitment on the part of leaders and decision-makers to combat corruption in all its forms EU level conclusions on Anti-Corruption Measures Anti-Fraud Measures
Slide 18 - Commission will set up a new mechanism, the EU Anti-Corruption Report The establishment of the EU Anti-Corruption Report is the Commission's response to the call from Member States, in the Stockholm Programme to measure anti-corruption efforts within the Union the Report will be managed by the Commission and published every two years, starting in 2013 New OLAF regulation 1073/99 requesting stronger cooperation with MSs’ authorities and possible consolidation of EU anti-fraud legislation Lisbon Treaty made it possible to establish the European Public Prosecutor's Office Regulation 1302/08 „CED” EU level solutions Anti-Fraud Measures
Slide 19 - Thank you for your kind attention! www.nav.gov.hu