Brussels, 27/06/2000 (Agence Europe) - The European Commission will adopt this Wednesday a Communication "for a global strategic approach in the fight against fraud." It concerns the "approach" that the Commission proposes to ensure, at all the stages of Community policy, "a prevention and financial follow-up policy and effective sanctions," which mainly pass through a "culture of strengthened co-operation between the various national and Community levels." The Communication is only a step in a series of documents. It slightly follows the first activity report by OLAF and will itself by followed in October by an annual report by the European Commission on the protection of EU financial interests, report accompanied by an Action Plan.
The Communication proposes guidelines to: 1) "a global anti-fraud legislation" containing all the following elements: associated to OLAF, the competent national authorities and professional sectors to the anti-fraud policy; precisely define the irregular behaviour (the Commission will have to make a proposal this year for the creation of definitions common to all Member States); extend and improve the administrative sanctions systems and financial corrections, notably to the Structural Funds, "in the light of the system that exists in the common agricultural policy"; clarify the rules of co-operation with the Member States and third countries; 2) a "new culture" of co-operation with the Member States; 3) better institutional co-operation; 4) a "strengthening of the penal dimension". The Communication recalls, moreover, that internal Commission reform also covers the other aspects of the protection of financial interests (management methods, financial control…)
Drafted in close collaboration with the Anti-Fraud Office (OLAF), the communication takes up a large part of the concerns expressed in the first activity report of this first progress report from this office (see EUROPE of 15 June, p.10). It insists on the need to fix clear rules on the powers of OLAF and its participation in inquiries. At the general level, a guide of good practices for cooperation between the office and the judicial authorities of Member States should be elaborated, pending the harmonisation of definition of specific penal infringements that are to the detriment of Community financial interests and the creation of harmonised rules of penal procedure, a "definitive solution" already called for by OLAF in its progress report. In addition, the framework for the exchange of information between Member States and OLAF could be the subject of new proposals. Finally, the communication stresses that the effectiveness of OLAF is based on respect of information obligations by the various Community bodies (but it does not recall the specific problems that remain, namely: a) the EIB and ECB have action brought against them at the Court of Justice by the Commission; b) the EP's application text is suspended.
Proposed by the European Commission and the European Parliament for the IGC, rejected at this stage by the member States, the establishment of a European prosecutor is taken up in very cautious terms in the rank of "prospects". The Commission stresses the advantages of the establishment of a European prosecutor and specifies that, before it is set in place, the Commission and OLAF will ensure without delay the development of sound acquis which could in time support the European public minister.