JOINT INVESTIGATION TEAMS London, 7 July 2014 Stefan DE MOOR PAN EUROPEAN PANACEAE OR DISASTERS WAITING TO HAPPEN ?

SCOPE The OLAF experience The OLAF experience The Belgian experience The Belgian experience Some thoughts Some thoughts

OLAF’s challenges OLAF’s challenges Serious misbehavior in institutions/bodies/ Serious misbehavior in institutions/bodies/Agencies Cohesion funds/agricultural funds Cohesion funds/agricultural funds Direct expenses : ex. Research projects Direct expenses : ex. Research projects External aid External aid Customs fraud : ex. Cigarettes trafficking Customs fraud : ex. Cigarettes trafficking

FAKE PROJECTS Organised networks Organised networks Intervening in EU projects Intervening in EU projects Rigging procurement procedures Rigging procurement procedures Producing fake projects Producing fake projects Conspiring with private companies, institutes, universities, experts, EU officials Conspiring with private companies, institutes, universities, experts, EU officials Inflating invoices Inflating invoices Laundering money Laundering money

OLAF and (national) judiciary/law enforcement OLAF and (national) judiciary/law enforcement Criminalisation through PIF-instruments 1995 Criminalisation through PIF-instruments 1995 Role of judiciary/law enforcement Role of judiciary/law enforcement Some kind of partnership Some kind of partnership Combine powers of collecting evidence with analysis capacity Combine powers of collecting evidence with analysis capacity 2nd Protocol PIF Convention 1997 : Commission’s assistance 2nd Protocol PIF Convention 1997 : Commission’s assistance OLAF-Regulation/Decision 1999: independance of OLAF OLAF-Regulation/Decision 1999: independance of OLAF

Major fraud and corruption cases Start: OLAF administrative investigation Start: OLAF administrative investigation Transmission to judiciary without closing the administrative investigation Transmission to judiciary without closing the administrative investigation Assistance and synchronisation of actions Assistance and synchronisation of actions Issue of the waivers of EU immunities/inviolabilities Issue of the waivers of EU immunities/inviolabilities

Cour de Cassation Paris 16/01/ /01/2013 accepted the regularity of the presence of OLAF officials during the house-search accepted the regularity of the presence of OLAF officials during the house-search Accepted mission as experts analysing the evidence collected. Accepted mission as experts analysing the evidence collected.

OLAF and JIT’s 2000 MLA Convention: 2000 MLA Convention: “possible participation of officials of bodies set up by the Treaties” Explanatory report: Explanatory report: “participation of OLAF in the team may also be considered” Some national laws (ex. Belgium): Some national laws (ex. Belgium): ‘capacity of “experts” ’

Possible added value process information and evidence collected by several MS judicial authorities and OLAF analysis process information and evidence collected by several MS judicial authorities and OLAF analysis circulate the results to all involved MS-JA in real time circulate the results to all involved MS-JA in real time

Bottle necks Hidden consultant: Hidden consultant: neither its national law, nor any applicable international instrument provided for OLAF’s possible participation Fake research projects: Fake research projects: involved MS had no JIT legislation at all, except for drugs and terrorism cases.

Issues authority over the OLAF officials during JIT-operations authority over the OLAF officials during JIT-operations immunity of OLAF officials during JIT- operations immunity of OLAF officials during JIT- operations statute of the information analysed and the results of the analysis (repercussions for other MS). statute of the information analysed and the results of the analysis (repercussions for other MS).

The Belgian experience Belgium has experience with JIT’s since Belgium has experience with JIT’s since Roughly some 100 JIT’s have been constituted since. Roughly some 100 JIT’s have been constituted since. Most cases were drugs and organised thefts, followed by murder, terrorism, organised crime, fraud, money laundering, traffic of human beings. Most cases were drugs and organised thefts, followed by murder, terrorism, organised crime, fraud, money laundering, traffic of human beings. In JIT’s have been constituted and over 2014 : 8. In JIT’s have been constituted and over 2014 : 8.

JIT’s in BELGIUM Almost all of them are bilateral and most with FR en NL, equally divided Almost all of them are bilateral and most with FR en NL, equally divided BE constituted 10 JIT’s with UK. BE constituted 10 JIT’s with UK. Eurojust and EUROPOL are systematically informed. Eurojust and EUROPOL are systematically informed. In 12 of them there was Commission financial contribution via EUROJUST* (own figures) In 12 of them there was Commission financial contribution via EUROJUST* (own figures)

Some thoughts new OLAF Regulation No 883/2013 : new OLAF Regulation No 883/2013 : No JIT provisions (compare EUROPOL and EUROJUST Decisions) COM(2012)363 final Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the fight against fraud to the Union's financial interests by means of criminal law No JIT provisions (providing the obligation of MS to allow OLAF’s participation in JIT’s)

THANK YOU Stefan DE MOOR