Actions and commitments in the fight against fraud
Information on commitments and actions taken by the General direction of autonomous and Local Cooperation in detecting and combating fraud, and other information of interest about the subject.
Declaración institucional
INSTITUTIONAL DECLARACIÓN of the General direction of autonomous and Local Cooperation in the field of fraud
The General direction of autonomous and Local Cooperation, as Intermediary of management authority, adheres to the next institutional declaration made by General direction of EU Funds (today, General Direction of European funds) fraud in:
"the management authority (AG) of the operational programmes of the FEDERA 2014 ‐ 2020 is an integrated unit in the General direction of EU Funds, the ministry of finance and Public Administrations of the government of Spain.
One of the main objectives for that period is to strengthen, within the scope of its powers, the anti-fraud policy in the development of its functions. Therefore, the AG wants to express their commitment to the highest standards in the implementation of legal standards, ethical and moral and its accession to the strictest principles of integrity, objectivity and honesty, so that its activity is perceived by all actors associated with it as opposed to fraud and corruption in any of its forms. All members of its management team assume and share this commitment.
On the other hand, public employees that comprise the AG have, among other duties, “ ensure the general interests, subject and observance of the constitution and the rest of the legal system, and act in accordance with the following principles: objectivity, integrity, neutrality, responsibility, impartiality, confidentiality, dedication to public service, transparency, exemplary, austerity, accessibility, effectiveness, honesty, promotion of environmental and cultural environment, and respect for equality between women and men ” (Law 7 / 2007 of 12 April, the Basic Status of Public employee, Article 52).
The objective of this policy is to promote within the organization a culture that discourages any fraudulent activity and to facilitate their prevention and detection, promoting the development of effective procedures for the management of these assumptions. Thus, among other actions, AG has a procedure to declare situations of conflict of interest.
The functions of management authority is assumed by the General Office FEDERA management, which account for this purpose with a team of risk assessment, for the revision and regular updating of the anti-fraud policy, as well as monitoring results. Also counts with the collaboration of different responsible and managers of processes to ensure that there is an appropriate internal control system within their respective areas of responsibility and ensure, in its case, due diligence in implementing corrective measures.
From the checks and controls in the preliminary stages by the AG, the certification authority also provides, for its part, a system that registers and stores the precise information of each operation to ensure the reliability and regularity under spending.
The AG has launched proportionate and effective action to combat fraud, based on the experience gained in prior periods and in the recent fraud risk assessment done in effect. Additionally, has procedures to denounce those irregularities or suspected fraud that could be detected, either through internal channels notification either directly to the European office for combating fraud (OLAF). All reports will be treated in the strictest confidentiality and according to the rules regulating this area.
Ultimately, AG has a policy of zero tolerance towards fraud and corruption and has established a robust control system, specially designed to prevent and detect, to the extent possible, acts of fraud and correct its impact, in the event of.
This policy and all procedures and relevant strategies are supported by the national coordination service against fraud, created by Royal Decree 802 / 2014, September 19 (BOE 26), with which reviewed and updated this policy continuously. ”
Channels of information and reporting
The General directorate of Local and Regional Cooperation has enabled the following email address to the attention of informal generic or communications on the operations funded by the erdf funds (2014-2020), in which the directorate-General participates as an executing agency: Middle managementsgcl@correo.gob.es
Nevertheless, there is also aCHANNEL COMPLAINTS(communication of information on fraud and irregularities affecting european funds) established by THE NATIONAL anti-fraud COORDINACIÓN IGAE.
The entities recipients must channel its consultations or incidents through specific channel enabled in the implementation Galatea.
Other measures taken by the Intermediary.
► code of conduct of employees at the service of Intermediary.
► red flags that will be taken into consideration in verification procedures of spending.
► on classification Criteria and procedures regarding irregularities and suspected fraudin operations or projects that are being a judicial proceeding criminal (set by the national coordination service Fraud).
News in fight against fraud.
Following the publication in the Official Journal of the state past 21 February 2019,Organic Law 1 / 2019, 20 February, amending the organic law 10 / 1995, of November 23, the Penal code, to transpose directives of the European Union in the areas of finance and terrorism, and address issues of international character, has been modified writing articles 305 and 308 of the Penal codebearing especially on the management of aid from FEIE.
As provided by THE 1 / 2019, the modification will enter into force on the 20th day of its publication in the Official Journal of the state.
- EUROPEAN COMISIÓN. “ Fraud risk assessment and effective and proportionate measures against fraud (: Guidelines for the member states and the authorities responsible for programmes) ”, 16 / 06 / 2014. (PDF · 134,65 KB)
- Guidance to states... Annex I - INSTRUCTIONS OF THE UTILIZACIÓN AUTOEVALUACIÓN TOOL (PDF · 41,88 KB)
- Guidance to states... Annex II - Recommended extenuating Controls (PDF · 64,31 KB)
- Guidance to states... Annex III - POLÍTICA TEMPLATE FOR THE ANTI-FRAUD (PDF · 21,68 KB)
- Guidance to states... Annex IV - Authority of Audit. (PDF · 21,94 KB)
- EUROPEAN COMISIÓN "Information Note on Fraud Indicators for ERDF, SMOOTH and CF" (English version) COCOF 09 / 0003 / 00 of 18.2.2009 (PDF · 96,58 KB)
- EUROPEAN COMISIÓN (OLAF). “ Detection of conflicts of interest in procurement procedures within the framework of structural actions (: Practical guide for those responsible for the management) ”, 12 / 11 / 2013. (PDF · 314,2 KB)
- EUROPEAN COMISIÓN (OLAF). "Detection of false documents in the field of structural actions (: Practical guide for managing authorities.", 12 / 11 / 2013. (PDF · 2,39 MB)
- EUROPEAN COMISIÓN (OLAF). "Compendium of cases anonymous. Structural actions", OLAF / C2 / JK / MIN / LM / AB (PDF · 336,23 KB)
- NATIONAL SERVICE OF FRAUD COORDINACIÓN, IGAE, communication 1 / 2017, 6 April, on the way in which they can proceed persons who have knowledge of facts that may be constitutive of fraud or irregularities in connection with projects or operations are wholly or partially financed with funds from the HAT. (PDF · 4,92 MB)
