Anti-Fraud Strategies

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Presentation transcript:

Anti-Fraud Strategies Е Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud, affecting the Financial Interests of the EU Boyko Kostov Head of Unit “Operational Cooperation” AFCOS Directorate Ministry of Interior Sofia – 9 April 2014

Anti-Fraud Strategies Commission Anti - Fraud Strategy 2000 COM(2000) 358 final Action Plans for the periods 2001—2003 and 2004—2005 Article 280 of the EC Treaty The European Commission requires from the candidate countries to establish Anti-Fraud Coordination Service – AFCOS responsible for the coordination of all legal, administrative and operational measures for the protection of the EC financial interests and for cooperation with OLAF at operational level

Anti-Fraud Strategies Council of Ministers Decree № 18 of 04.02.2003 for the establishment of a Council for coordination in the fight against infringements affecting the financial interests of the European Communities Instruction for Cooperation with the Prosecutor’s Office of the Republic of Bulgaria Anti-Fraud Strategy Council of Ministers Decision № 41/13.10.2005, Action Plan 2006 Updated 2006 Establishment of AFCOS Unit – Ministry of Interior 2006 National OLAF Contact Point Coordination Operational Cooperation Training

Anti-Fraud Strategies Anti-Fraud Strategy Updated 2009 AFCOS Directorate National OLAF Contact Point Coordination Operational Cooperation Training Irregularities reporting Administrative and Control Activity National Contact Point under Regulation 1302 of 2008

Anti-Fraud Strategies Commission Anti-Fraud Strategy 2011 г. COM(2011) 376 final Action Plan for fight against cigarettes smuggling 2011 Art. 325 of the Treaty on the Functioning of the European Union National Strategy for Prevention and Fight against irregularities and fraud 2011-2013 AFCOS Directorate – Ministry of Interior + administrative investigations 2012

Anti-Fraud Strategies Directive on the fight against EU fraud by means of criminal law Regulation for the establishment of the EPPO Regulation №883/2013 – the OLAF Regulation Art.3, para. 4. Each EU Member State has the obligation to designed Anti-Fraud Coordination Service (AFCOS) National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Main objective – better protection of the EU financial Interests Specific objectives: Prevention Detection and counteraction against irregularities and fraud Investigation and sanctions Recovery

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Protection of the EU financial interests Shared responsibility Definitions European Anti-Fraud Office Protection of the EU financial interests in Bulgaria - mechanism and stakeholders Council for coordination of the fight against infringements affecting the financial interest of the European Union AFCOS Directorate – Ministry of Interior National institutions

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 EU level initiatives and recommendations of the European Commission AFCOS Directorate irregularities analysis for the programming period 2007-2013 Structural and Cohesion Funds 62% - public procurement procedure infringements 21% - ineligible expenditure 6% - breach of contractual agreements 2% - declarations with false contents 8% - non-submission of expenditure proving documents, lack of audit trail, double funding, etc. Agricultural Funds 80% - unduly received sums or no-recovery of sums received due to administrative mistake 13% - attempt for a document forgery, where the Prosecution Office has been informed 7% - non-implementation of contractual obligations

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Recommendations following the analysis review of the legislation in the field of public procurement and absorption of the agricultural funds aimed at simplification of the requirements and reduction of the risks of fraud; improvement of the mechanisms for recovery of unduly paid sums; enhancement of the prevention through public awareness and revealing of bad practices; enhancement of the prevention through conduct of trainings of the beneficiaries with regard to the rules for the use of EU funding and strengthening the administrative capacity of the Managing Authorities improvement of the control with regard to the implementation of the EU funded projects and imposing of sanctions on the responsible person in the case of irregularities carrying out cross-checks and use of best practices

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Priority 1: Effectiveness and Efficiency of the Prevention Measures Measure 1.1: Harmonizing the legal framework with the EU requirements for the programming period 2014 - 2020 Measure 1.2: Strengthening the administrative capacity of the national fraud prevention structures Measure 1.3: Improving transparency and public awareness Measure 1.4: Integrated Databases and Information exchange systems.

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Priority 2: Improving coordination and strengthening cooperation in detection and counteraction Measure 2.1: Updating the existing Cooperation Agreements Measure 2.2: Strengthening cooperation with regard to the investigation of cases related to the own resources Measure 2.3: Effective interaction and cooperation between all the stakeholders concerned Measure 2.4: e-Administration of irregularities and simplified rules Measure 2.5: Training and exchange of best practices

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Priority 3: Strengthening cooperation with OLAF and the EU Member States Measure 3.1: Broadening and deepening the Cooperation with OLAF and other relevant EU and MS institutions Measure 3.2: Broadening the OPERATIONAL Cooperation with OLAF and other relevant EU and MS institutions Measure 3.3: Attending irregularities handling trainings and exchange of best practices

Anti-Fraud Strategies National Strategy for Prevention and Fight against Irregularities and Fraud 2014-2020 Priority 4: Effective coordination aimed at higher efficiency in investigation, recovery and sanctions Measure 4.1: Effective legal framework for criminal procedures, administrative procedures and disciplinary sanctions Measure 4.2: Optimization of the national rules for financial, administrative and deterrent sanctions Measure 4.3: Processes’ optimization – short and clear procedures for recovery Measure 4.4: Improving the effectiveness of the administrative and penal procedures. Increasing the number of finalized with court decision

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