The nationalanti-fraud coordination structure

Education, Universityand Research; ForeignAffairs Management Authorities Certification Authorities Auditing Authorities • Regions “External”control bo...

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Guardia di Finanza: Anti-EU Fraud Unit

The national anti-fraud coordination structure By General Giovambattista Urso Florence, 9-10 May 2013

“Community” principles Article 325, Treaty on the Functioning of the European Union

 “principle of assimilation”, according to which Member State must adopt, in the fight against fraud which negatively affects the financial interests of the EU, the same measures which they normally adopt in order to counter fraud that negatively affects their own financial interests;  coordination of anti-fraud actions between the EU and national Authorities;  the need for the European Parliament and Council to take every relevant step in this vital area for the EU in order to ensure effective, equivalent protection in all Member States.

Guardia di Finanza: Anti-EU Fraud Unit

Guardia di Finanza: Anti-EU Fraud Unit

Overview of “key players” in the fight against EU fraud •

PRIME MINISTER’S OFFICE



MINISTRIES: Economy and Finance; Agricultural, Food and Forestry Policies;

Infrastructure;

Labour;

Interior;

Economic

Development;

Education, University and Research; Foreign Affairs

Management Authorities •

Regions

Certification Authorities Auditing Authorities

“External” control bodies: •Judicial Authorities •Criminal Police •Court of Auditors Guardia di Finanza: Anti-EU Fraud Unit

Guardia di Finanza:4 Anti-EU Fraud Unit

TASKS OF THE COMMITTEE Article 3 of Presidential Decree no, 91 of 14 May 2007, as confirmed by article 54 of Law no, 234 of 24 December 2012, sets out the tasks of the Committee as follows:  providing consultancy and steering functions for the coordination of all activities against fraud and irregularities  monitoring flows of communications concerning the receipt of European funding and recoveries of amounts unduly paid  drawing up questionnaires regarding the Annual Reports to be submitted to the European Commission  acting as representative on the European COCOLAF

Guardia di Finanza: Anti-EU Fraud Unit

Guardia di Finanza: Anti-EU Fraud Unit

TASKS OF THE UNIT  contact with all European and national Institutions  reporting on the state of implementation of article 325 of the TFEU  participation in European Commission follow-ups  organising communication events  providing support functions Committee (COLAF)  submitting Annual Report to (National Anti-fraud Committee)

for

the

National

Parliament

on

Anti-EU

COLAF

fraud

activities

 collecting and analysing communications regarding cases of irregularity/fraud involving EU funds and sending results to OLAF via IMS  implementing all measures enacted by the Minister, by the Committee and by the Head of the Department in matters of interest Guardia di Finanza: Anti-EU Fraud Unit

Communication of irregolarities/fraud – Sources of law



Regulation (EC) No 1681/1994 as amended by Regulation (EC) No 2035/2005 (2000-2006 and previous programming periods)



Regulation (EC) No 1848/2006



Regulation period)



Inter-ministerial circular of 12/10/2007 (procedures communicating irregularities/fraud to the EU)

(EC)

No

1828/2006

(2007-2013

programming

Guardia di Finanza: Anti-EU Fraud Unit

for

Obligation to communicate irregularities/fraud

Europan Commission

Ministry of Agricultural, Food and Forestry Policies

Regulation (EC) No 1848/2006 Common Agricultural Policy

Customs Agency

Regulation (EC) No 1150/2000 & Regulation (EC) No 1848/2006 Own Resources and export Refunds

Department for European Policies

Regulation (EC) No 1828/2006 & Regulation (EC) No 846/2009 Structural Funds

Guardia di Finanza: Anti-EU Fraud Unit

Irregularities Management System (IMS) A new instrument for the transmission of reports of irregularities/ irregularities/fraud

OLAF

Manager Sub-manager Creator

O B S E R V E R

Guardia di Finanza: Anti-EU Fraud Unit

Guardia di Finanza: Anti-EU Fraud Unit

Closure of “open cases”

Guardia di Finanza: Anti-EU Fraud Unit

Publication of lists of beneficiaries

Guardia di Finanza: Anti-EU Fraud Unit

Planning activity

Guardia di Finanza: Anti-EU Fraud Unit