View
3
Download
0
Category
Preview:
Citation preview
Identifying and preventing fraud & corruption in ESI funds
Building Anti-Fraud measures Lessons learned in the fight against fraud
Case study: On-the-spot-checks with OLAF on the territory
of the EU
Workshop on innovative methods to combat fraud
This training has been organised by EIPA under the Framework Contract Nr 2018CE16BAT060. The
opinions expressed are those of the contractor only and do not represent the EC's official position
Andon Tashukov,
Legal Adviser
AFCOS BG
➢ Practical examples: ➢ EU Policies in fighting fraud ➢ Member-state policies in fighting fraud ➢ Practical Guide on conducting On the spot checks (OTSC) with OLAF in 10 steps to identify fraud, corruption or other illegal activity.
➢ Case Study – A case study worth 32 million euro.
➢ Workshop: Innovative methods to combat fraud.
Presentation content
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
European union law
Art. 325 TFEU and Commission
decision establishing OLAF
PIF Convention and PIF Directive -
Directive 2017/1371
Regulation 2988/95 on the protection
of the EC financial interests
Regulation 2185/96 concerning on
the spot checks and inspections
Regulation 883/2013 – OLAF
concerning the investigations of
OLAF
EPPO Regulation - Regulation
(EU) 2017/1939
CAFS Commission Anti-Fraud
Strategy
Hercule Programme/Pericles
Programme – Single Anti-
Fraud Programme
NAFS, AFCOS – together with
MS
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Policies of the EU in fighting fraud
Definitions: Irregularity and Fraud. Suspicions.
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Irregularity: Regulation
2988/95, CPR and
Sectorial Regulations
Suspected fraud: DR
for Reporting,
2015/1970-1973.
Fraud: PIF Convention,
PIF Directive
Member State experience in MCS
Identifying the problems
Adoption of Anti-Corruption
Convention and creation of AFCOS
Creation of AFCOS Council
Adoption of National Ant-Fraud
Strategy
Implementation of Working
plan of the NAFS
Working groups Mechanism
on National Level
Fighting corruption
Additional measures
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Policies of the MS in fighting fraud
➢ The Council had not carried out a risk analysis and had not developed a national antifraud Strategy.
➢ The Council had not forwarded reporting guidelines on irregularities to
partner institutions, accompanied by additional guidance and/or training
➢ The Council could not take care of daily operations (meetings 2/3
times a year). ➢ There was a need for an active secretariat/service staffed by people
with technical expertise and language skills who could provide the link between national institutions and OLAF and also act as a help desk in order to bridge the gap between national institutions and OLAF
Lessons learned: 1. Why Anti-Fraud didn’t work
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
2. AFCOS Council Council for coordination in the fight against infringements
affecting EU`s financial interests
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
➢ High political level to discuss and support measures, taken by the national authorities in the fight against fraud with EU funds
➢ Interaction and cooperation with the Prosecutor`s Office
Functions:
➢ 1. Suggests to the Council of Ministers projects of new legislative acts, strategy and action plan regarding fight against fraud with EU funds
➢ 2. Annual report for the activities to the Council of Ministers
➢ 3. Discusses issues regarding EU`s financial interests, makes decisions and takes measures for optimization of the process of the fight against fraud with EU funds
2. AFCOS Council – Mechanism for dealing with problems regarding EU funding
Chairperson: The Minister of Interior. Deputy-chairperson: The Deputy Minister of Interior.
Members are high officials, such as ministers, deputy ministers, executive directors, heads
of control bodies, i.e. everyone who has a part in the process of managing, spending or controlling EU funds, such as:
• Deputy Ministers of Interior; Finances; Agriculture and Foods; Environment and Water; Labor and Social Policy; Transport, Information Technologies and Communication; Economy, Energy and Tourism; Regional Development and Public Works;
• Heads of the State Fund Agriculture, Public Procurement Agency, Road Infrastructure Agency, National Agency of Fisheries and Aquaculture; Customs Agency, the Audit of European Union Funds Executive Agency, Public Financial Inspection Agency, Financial Intelligence Directorate within the State Agency for National Security, National Revenue Agency
• Representatives of law enforcement bodies.
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
3. National Anti Fraud Strategies
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
2015 2016 2017 2018 2019
First NAFS
Accession to the EU
Expand the activity of AFCOS
Council
European Commission
Strategy - CAFS
Project for NAFS 2014-2020 in CM
Political crisis
Final Approval after
amendments
Implementation of NAFS and first
Action plan
At each point of the timeline there is valid strategy in force
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
4. Action plans as a measure for combating irregularities and fraud
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Structural and Cohesion Funds
Analysis of Irregularities Reported 2007 – 2013 EAGF and EAFRD
Analysis of Irregularities Reported 2007 – 2013
5. Working groups on National Level
Council of Ministers Decree 85/2007 creates a national mechanism of coordination on the EU matters
In it, the Ministers and Heads of Institutions create interinstitutional working groups to help the Council of European matters within Council of ministers.
The working groups draft, agree upon positions for the participation in the EU Council, Council of EU, informal ministers meetings and EU bodies.
There are around 36 working groups
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Council of EU
Council EU matters
Working group 1
Working group 1
Working group 1
6. Fighting corruption and Judicial Reform
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
https://www.transparency.org/cpi2018
7. Additional measures
Commission for ascertainment and prevention of conflict of interests (2011)
Center for Prevention and Countering Corruption and Organized crime (2010)
Commission for Illegal Assets Ascertainment/confiscation (2005/2011)
NEW Commission for combating corruption and confiscation of illegal assets (2018)
Fraud Risk Assessment and Effective and proportionate antifraud measures
Art. 125, par. 4 CPR Regulation
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Case Study on OTSC with OLAF to identify fraud, corruption or other illegal activities with ESIF Funds
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
General provisions
of on-the-spot checks (OTSC)
Aimed to protect the financial interests of the EU.
OTSC shall be prepared and conducted by the Commission in close cooperation with the competent authorities of the MS.
The competent national authorities shall be promptly informed of the object, purpose and legal basis of controls in place.
OTSC are carried out on economic operators to whom can be applied administrative measures and sanctions under Regulation 2988/95 and on other concerned economic operators.
Provide evidence for the purpose of the investigation through making reports according to national law.
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
MAIN Functions on
OLAF-AFCOS Cooperation
1. National contact point to OLAF and to the relevant competent authorities in the other Member-States and in third countries.
2. Realizes the operational cooperation with OLAF and exchanges information.
3. Performs operative cooperation with OLAF in conducting the on-the-spot checks on the territory of Bulgaria.
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
MAIN Functions on
OLAF-AFCOS Cooperation
4. Receives signals concerning irregularities affecting the financial interests of the EU, and performs an analysis, evaluation and checks on them;
5. Conducts administrative investigations on its own initiative or due to request made by OLAF.
6. Provides, monitors, controls and coordinates the reporting of irregularities by the national institutions to the European Commission;
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
PRACTICAL GUIDE ON-THE-SPOT CHECKS
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
1. Gathering and expanding information
2. Provision of participants 3. Update of the information of the on-going pre-trial proceedings and prosecution checks
- AFCOS and Ministry of Interior
databases
- Commercial Register
- Irregularity Register
- Address visit
- Logistical support – with
computers, technics, cars
- Economic operator
- Prosecution’s office
- Local police authorities
- Public Financial Agency Inspection
- Other competent authorities
4. Interview preparation
5. Final On-the-spot Check Plan
6. Work meeting at AFCOS Directorate
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
PRACTICAL GUIDE ON-THE-SPOT CHECKS
By AFCOS
By the Managing authority
Collection of documents
Must be communicated to the
Minister of Interior
Between OLAF inspectors,
head of Unit OC and AFCOS
7. Starting the on-the-spot check
8. On-the-spot check core activities
9. Finalizing the On-the-spot Check
10. Analysis on the results
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
PRACTICAL GUIDE ON-THE-SPOT CHECKS
- Written authorization
- Identity of team
- Purpose and scope of OTSC
- Operative center and instant support
- All kind of documentation;
- computer data;
- physical checks as to nature of
quantity of goods;
- budgetary and accountant documents,
- documentation of the project etc.
- Report of the OTSC
- Objection and Comments
- Work meeting in AFCOS
OLAF Anti-Fraud
Services
Public Financial Inspection Agency Prosecution and
Judicial Authorities
Customs authorities
Police authorities Managing authorities and other national authorities
Member-States and third country authorities
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
YEAR
REQUESTS FOR
ASSISTANCE FROM
OLAF TO AFCOS
REQUESTS
FROM AFCOS TO
OLAF
ON-THE-SPOT
CONTROLS AND
MISSIONS
COMPLAINTS
RECEIVED IN
AFCOS
2007 6 10 2 24
2008 28 12 1 82
2009 46 4 7 54
2010 58 5 12 87
2011 98 4 2 116
2012 75 5 1 80
2013 82 8 9 104
2014 88 10 20 147
2015 77 8 35 213
2016 71 8 30 166
2017 104 9 4 98
2018 92 5 10 (22 OTSC) 97
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Source: Public annual reports of AFCOS Council, www.afcos.bg
C R I M E
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Workshop on identifying innovative methods to combat fraud and corruption
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Andon Tashukov
MINISTRY OF INTERIOR
“Protection of the European Union’s financial interests” Directorate -
AFCOS Bulgaria
Sofia, blvd. “Rakovski” № 112
email: andon.tashukov@gmail.com
website: http://afcos.bg
tel. +359888409979
This training has been organised by EIPA under the Framework Contract Nr
2018CE16BAT060. The opinions expressed are those of the contractor only and do not
represent the EC's official position
Recommended