Protection of the financial Interest of the EU --- ANTI-FRAUD MEASURES --- Budapest, 23/11/2011. Anti-Fraud Measures. Target of the protection. CORRUPTION. Anti-Fraud Measures. Implementation of the budget. Anti-Fraud Measures. Why to create OLAF. CORRUPTION!
Interest of the EU
--- ANTI-FRAUD MEASURES ---
Target of theprotection
Implementation of thebudget
Findings of the ECA in1998 and othercorruptionrelatedsuspicions, togetherwiththeerrorsinthefunctioning of UCLAF ledtotheresignation of theSanterCommission.
Unité de Coordination de La Lutte Anti-Fraude (UCLAF)
Needfor 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 InstitutionswhileexercisingtheinvestigativepowersconferredontheCommission.
European Anti-Fraud Office
Inthe building blocks of the EU:
Treaty on the Functioning of the European Union Article 317 (ex Article 274 TEC) – Responsiblityfortheimplementation of the EU budget
Treaty on the Functioning of the European Union Article 325 (ex Article 280 TEC) – Obligationtocounterfraud at Commission and MS level
1999/352/EC, ECSC, Euratom: Commission Decision establishing the European Anti-fraud Office (OLAF)
Regulation (EC) No 1073/1999 of the EuropeanParliament andof the Councilconcerning 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
European Anti-Fraud Office
Protection of thefinancialinterests and thereputationotthe EU.
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.
Fraud , corruption and internationalrelation
Protocol drawn up on the basis of the PIF Convention
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
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
takethenecessarymeasurestoensurethatinitscriminallawthedescriptions of theoffencesconstituting EU fraudcommittedbyitsnationalofficialsintheexercise of theirfunctionsapplysimilarlyincaseswheresuchoffencesarecommittedbyCommunityofficialsintheexerciseoftheirduties;
takethenecessarymeasurestoensurethatinitscriminallawthedescription of corruptionscommittedbyoragainstitshighrankingofficialsintheexercise of theirfunctionsapplysimilarlyincaseswheresuchoffencesarecommittedbyoragainstmembersofinstitutionsofthe EU respectivelyintheexercise of theirduties;
takethenecessarymeasurestoensurethattheforms of corruption and participatinginandinstigatingtheconductinquestion, arepunishablebyeffective, proportionateanddissuasivecriminalpenalties, including, at leastinseriouscases, penaltiesinvolvingdeprivation of libertywhichcangiverisetoextradition.
Irregularity, Fraud and Corruption
INTERINSTITUTIONAL AGREEMENTof 25 May 1999between EP, Council and Commission
Institutionsagree: to adopt common rules consisting of the implementingmeasures required to ensure the smoothoperation of the investigations carried out by theOffice within their institution.
To recognise the need to send to the Office, for anopinion, any request for the waiver of the immunityfrom judicial proceedings of an official or servantrelating to any cases of fraud or corruption or anyother illegal activity. If a request for the waiver ofimmunity concerns one of their members, the Officeshall be informed.