Annexes to COM(2011)293 - Protection of the financial interests of the EU by criminal law and by administrative investigations

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)293 - Protection of the financial interests of the EU by criminal law and by administrative investigations.
document COM(2011)293 EN
date May 26, 2011
annex the concrete implementation issues encountered in Member States, such as significant differences regarding the scope of fraud and corruption offences, as well as lacking consideration for the specificities of the EU framework.

[5] E.g. Resolution of 6 May 2010, 2009/2167(INI), and of 6 April 2011, 2010/2247(INI), on the protection of the Communities' financial interests and the fight against fraud.

[6] See, e.g., the Council Resolution concerning a comprehensive EU policy against corruption - 14 April 2005; conclusions of the Working Group on the European Public Prosecutor's Office organised by the Spanish Presidency (First semester 2010), and the statement of the Belgian Presidency (second semester 2010) on the Stockholm Programme.

[7] See notably Green Paper on obtaining evidence in criminal matters, COM(2009)624, and measures on procedural rights, such as Directive 2010/64/EU of 20 October 2010 on the right to interpretation and translation in criminal proceedings, OJ L 280, 26.10.2010, p. 1, or Commission proposal for a Directive on the right to information in criminal proceedings, COM(2010)392/3.

[8] See Eurojust Annual Report 2009, Annex, Figure 1, p. 50.

[9] See Staff Working Document SEC(2011) 621.

[10] See The White Paper on the Reform of the Commission COM(2000)200

[11] See Art. 28 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

[12] Staff Regulation - Regulation (EEC) 31/62 as ammended

[13] See Communication on the revision of the Internal Control Standards and Underlying Framework - Strengthening Control Effectiveness SEC(2007)1341

[14] Institutional tools on controlling, auditing, reporting (Regulation (EC) No 2035/2005 - OJ L 345, 28.12.2005; Regulation (EC) No 1083/2006 - OJ L 371, 27.12.2006; Regulation (EC) No 1198/2006 - OJ L 223, 15.8.2006; Regulation (EC, Euratom) No 1553/89 - OJ L 155, 7.6.1989; Regulation (EC, Euratom) No 1150/2000 - OJ L 130, 31.5.2000), early warning (Commission decisions C(2004) 193 and C(2008) 3872, fraud proofing (Prevention of fraud by building on operational results: a dynamic approach to fraud-proofing - COM(2007) 806).

[15] Member States legislations do not always provide for punishment of corruption of elected persons and of members of parliament. See also Staff Working Document SEC(2011) 621, comparative law tables under section 3.1.

[16] See Staff Working Document SEC(2011) 621, Table 2.2.a and Table 2.2.c which show that certain Member States have high conviction rates, whereas in other Member States the conviction rates are extremely low.

[17] See Staff Working Document SEC(2011) 621, Table 2.2.a and Table 2.2.c which show the percentages of actions sent to the national judicial authorities and dismissed before trial.

[18] See Staff Working Document SEC(2011) 621, Table 2.2.a: statistics of the last 12 years on actions pending judicial decision as opposed to actions with judicial decision show important discrepancies among Member States.

[19] Annex IX, Article 25 of the EU Staff Regulation.

[20] See e.g. Commission Proposal on criminal law protection of financial interests - COM(2001) 272, as amended by COM(2002) 577. This holds true despite existing EU public procurement legislation, such as Directive 2004/17/EC on the water, energy, transport and postal service markets (OJ L 134, 30.4.2004, p. 1).

[21] Cf. Green Paper on the modernisation of EU public procurement policy - COM(2011) 15, section 5.

[22] OJ C 115, 4.5.2010, p. 1 (for example as regards orientations on financial investigations and on asset recovery, point 4.4.5).

[23] COM(2010) 623 (for example anti-fraud strategy or OLAF legislation, see no 32 of Annex I and no 81 of Annex II).

[24] Directive 95/46/EC (for Member States) (OJ L 281, 23.11.1995, p. 31), and Regulation (EC) No 45/2001 (for EU institutions) (OJ L 8, 12.1.2001, p. 1).

[25] See Strategy for the effective implementation of the Charter of Fundamental Rights - COM(2010) 573.

[26] OJ C 115, 4.5.2010, p. 1, section 4.4.5.

[27] COM(2010) 815, Article 79.

[28] COM(2004) 509 as amended by COM(2006) 473.

[29] COM(2001)272 as amended by COM(2002)577.

[30] Article 85 TFEU.

[31] Article 86 TFEU.

--------------------------------------------------