Communication from the Commission - Protecting the Communities’ financial interests - Fight against fraud Action Plan for 2004-2005
Date: 2004-08-09
Institutions: European Commission
Subjects: action programme, corruption, fraud, fraud against the EU

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.8.2004 
COM(2004) 544 final 

COMMUNICATION FROM THE COMMISSION 

Protecting the Communities’ financial interests 

Fight against fraud 

Action Plan for 2004-2005 

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COMMUNICATION FROM THE COMMISSION 

Protecting the Communities’ financial interests 

Fight against fraud 

Action Plan for 2004-2005 

Following along the same lines as its 2001-2003 Action Plan1, the Commission’s 2004-2005 Action 
Plan  on  the  protection  of  financial  interests  and  the  fight  against  fraud  calls  for  the  continued 
implementation  of  the  overall  strategic  approach2  adopted  by  the  Commission  on  28  June  2000, 
which  defined  the  broad  guidelines  for  the  Community  and  the  Member  States  for  the  five  years 
ahead (2001 to 2005). 

This  overall  strategic  approach  drew  its  legitimacy  from  the  new  Article  280  of  the  EC  Treaty, 
which  entered  into  force  with  the  Amsterdam  treaty  and  set  the  European  Community  ambitious 
objectives  concerning  the  protection  of  financial  interests  and  the  fight  against  fraud.  Article  280 
EC also provides a new legal basis for taking the necessary measures to prevent and counter fraud 
and  all  other  illegal  activities  adversely  affecting  the  Communities’  financial  interests.  The  first 
practical  application  of  this  new  legal  basis  was  the  adoption  of  the  two  Council  Regulations 
concerning investigations conducted by the European Anti-Fraud Office (OLAF)3, which was set up 
by a Commission Decision in 19994. The creation of the Office constituted a significant new step in 
the fight against fraud, and the opportunities it provides form the basis of the Commission’s overall 
strategic  approach.  This  approach  also  takes  account  of  the  specific  measures  to  protect  financial 
interests  envisaged  in  the  White  Paper  on  the  administrative  reform  of  the  Commission5.  These 
measures  are  aimed  at  mobilising  all  the  Commission’s  departments  for  the  protection  of  the 
Communities’ financial interests. 

The overall strategy is thus to encourage a culture of reinforced cooperation between all the players 
concerned  and  a  combined  policy  of  prevention,  follow-up  (in  particular  financial)  and  effective 
sanctions. 

Four main strategic guidelines were defined in this overall approach: 

•  an overall anti-fraud legislative policy (making regulations more effective and consistent) 

•  a  new  culture  of  cooperation  (full  participation  of  and  collaboration  between  national  and 

Community authorities) 

1 
2 

3 

4 

5 

Commission communication (COM (2001) 254 final, 15.5.2001). 
Commission communication on the Protection of the Communities’ financial interests, Fight against Fraud, 
For an overall strategic approach (COM (2000) 358 final). 
Adoption  of  Regulation  (EC)  No 1073/99  of  the  European  Parliament  and  of  the  Council  and  Council 
Regulation (Euratom) No 1074/99 of 25.05.99, OJ L 136, 31.5.99.  
Commission Decision of 28 April 1999, OJ L 136, 31.5.1999. The activities of the Office as an independent 
operational service will be defined in a separate work programme which falls under the direct responsibility of 
the Director General of the Office.  
COM (2000) 200 final/2 of 5.4.2000.  

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•  an  inter-institutional  approach  to  preventing  and  fighting  corruption  (making  the  European 

institutions more credible) 

•  strengthening  the  criminal  law  dimension  (adapting  the  legal  and  judicial  framework  for  the 

protection of the financial interests of the European Union). 

In response to these four main guidelines, without prejudice to the more specific initiatives that may 
be taken in each of the Commission’s Directorates-General and departments or the operational tasks 
assigned  by  the  legislator  to  the  European  Anti-Fraud  Office,  the  Commission  adopted  a  first 
Action Plan on 15 May 2001. It set out the priority actions, including legislative initiatives, to be 
prepared and implemented in close cooperation by all its Directorates-General and departments over 
the period 2001-2003. The implementation of the Plan is followed up in the annual report submitted 
by the Commission pursuant to Article 280 of the EC treaty6. 

Although it was not possible to fully complete some of the proposed actions during this period, the 
overall results of this 2001-2003 Action Plan can be regarded as positive. 

The  Commission  notes  that  a  considerable  number  of  actions,  in  particular  those  relating  to  the 
establishment  of  an  overall  anti-fraud  legislative  policy,  were  fully  completed.  In  the  areas  of 
protection of the Union budget and of prevention, interdepartmental coordination aimed at ensuring 
that  legislation  is  fraud-proof  is  now  in  place.  Regarding  the  protection  of  the  euro  and  the  fight 
against  piracy  and  forgery  of  manufactured  products,  the  Commission  has  further  developed  the 
legal  framework  for  action  and  intervention,  as  well  as  for  specific  international  cooperation.  An 
information  system  with  data  on  unreliable  tenderers  has  been  proposed  by  the  Commission  and 
adopted by the legislator to make public procurement procedures more secure. 

Efforts  were  also  made  by  the  Commission  to  help  the  ten  new  Member  States  and  the  applicant 
countries  to  adopt  the  acquis  communautaire  as  regards  protection  of  financial  interests.  One 
important result of this work was that a central national anti-fraud coordination structure was set up 
in  each  state  to  enable  it  to  gain  familiarity  with  the  Community  approach  regarding  anti-fraud 
investigations and to cooperate closely with the Commission’s anti-fraud department. 

One significant result of the shared responsibility of the Community and the Member States in the 
field of the protection of financial interests is the development of a new culture of cooperation with 
national administrations. The projected multi-disciplinary service platform7, which proposes a more 
structured  and  regular  cooperation  between  all  the  players,  is  the  appropriate  instrument  for 
achieving  this  objective.  To  this  end,  an  “Intelligence”  Directorate8  was  created  in  the  Office  to 
provide  the  capacity  for  analysis  of  fraud  and  irregularities  based  on  communications  by  the 
Member  States.  A  judicial  advisors’  unit  is  also  now  in  a  position  to  ensure  broader  operational 
coordination  with  all  the  players  on  the  ground  in  the  Member  States.  The  Commission’s  annual 
report on the protection of the Communities’ financial interests and the fight against fraud, drawn 
up  in  conjunction  with  the  specialised  services  of  the  Member  States,  gives  an  account  of  the 
actions undertaken and the results achieved. In parallel to this close and regular cooperation, which 
was  initially  defined  in  Article  280  of  the  EC  treaty,  the  Commission  and  the  new  EU  judicial 

6 

7 

8 

Commission’s annual reports on the Protection of the Communities’ financial interests and fight against fraud 
for 2001 and 2002. COM (2002) 348 final of 2.7.2002 and COM (2003) 445 final of 23.7.2003. 
The aim of this project is to better present the range of activities undertaken by the Office and list the expertise 
available in it. See the Progress Report on the activities of OLAF, COM (2003) 154 final of 2 April 2003, point 
1.2.1. 
See point 1.2.1. of the Report (cf footnote 7).  

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cooperation  and  police  bodies  (Eurojust  and  Europol)  also  formalised  their  collaboration  through 
memoranda of understanding9. 

With regard to the prevention of and fight against corruption to protect the Community’s financial 
interests, the new Financial Regulation laid the foundations for improving financial management at 
the  Commission.  Measures  have  been  taken  as  part  of  the  administrative  reform  to  raise  the 
awareness of Commission officials and agents of the principles of sound project management and 
the action to be taken in the event of suspected serious wrongdoing liable to harm the Community’s 
interests. 

As required in Article 15 of Regulations Nos 1073/99 and 1074/99, the Commission performed an 
evaluation of the activities of the Office10, and made seventeen recommendations for reinforcing its 
structure  and  operations.  The  European  Court  of  Justice  has  on  several  occasions  confirmed  the 
legality  and  consistency  of  the  inter-institutional  framework  for  internal  investigations.  This 
framework  applies  to  all  the  institutions,  bodies  and  agencies  set  up  by  the  EC  and  Euratom 
treaties.11 

Turning  finally  to  criminal  law  protection  of  financial  interests,  while  not  all  the  Commission’s 
efforts in this area were successful (a case in point is the proposed amendment of the Directive on 
the criminal law protection of the Community’s financial interests12), significant progress has been 
achieved, notably the entry into force on 17 October 2002 of the first Convention instruments for 
the fight against fraud first proposed eight years ago (the Convention on the protection of financial 
interests13, the first protocol to this convention14 and the protocol relating to the jurisdiction of the 
Court of Justice15). 

At the same time during this period (2001-2003), an important step was taken towards setting up a 
European Public Prosecutor’s Office responsible for the protection of financial interests, which was 
endorsed by the Convention on the future of the European Union in the draft constitutional treaty. 
Throughout 2002, on the basis of the Green Paper on the establishment of a European Prosecutor 
adopted  on  11  December  200116,  the  Commission  led  a  wide-ranging  debate  with  the 
representatives  from  all  the  areas  involved.  Around  200  contributions  were  received,  which  were 
summarised in the follow-up report on the Green Paper in 200317 and enabled the Commission to 
present a proposal to the European Convention and take an active part in the Convention’s work in 
this field. Although the Commission’s efforts did not lead to a successful outcome at the time of the 
conclusion  of  the  Nice  treaty,  the  debate  launched  by  it  was  instrumental  in  the  inclusion  of  a 
provision  on  the  European  Public  Prosecutor’s  Office  in  the  constitutional  treaty  (article  III-175). 
This  provision  should  enable  the  Council  to  set  up,  through  Eurojust,  a  European  Public 
Prosecutor’s Office to protect the financial interests of the Union. 

9 

10 
11 

12 
13 
14 
15 
16 

17 

Protocols concerning communication of information (operational exchanges particularly in specific cases). See 
point 1.2.4. of the Report (cf footnote 7). 
Cf footnote 7. 
Decision  of  the  Court  of  Justice  (case  C-15/00  Commission  v  EIB),  decision  of  the  Court  of  Justice  (case 
C-11/00 Commission v the ECB), decision of the Court of Justice (case C-167/02 W. Rothley v the European 
Parliament).  
COM (2001) 272 of 23.5.2001 – 240E OJ C of 28.8.2001, modified by COM (2002) 577 of 16.10.2002.  
OJ C 316, 27.11.1995. 
OJ C 313, 23.10.1996. 
OJ C 151, 20.5.1997. 
Green Paper on criminal-law protection of the financial interests of the Community and the establishment of a 
European Prosecutor, COM (2001) 715 final of 11.12.2001. 
Document COM (2003) 128 final. See: http://europa.eu.int/comm/anti_fraud/green_paper/index_en.html. 

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The  new  2004-2005  action  plan  corresponds  to  the  second  stage  of  the  programme,  in  the 
framework  of  the  2000  overall  strategic  approach,  and  follows  the  four  main  action  guidelines 
described above. It also takes into account the new guidelines set out in the Progress report on the 
activities  of  OLAF  and  the  measures  announced  in  the  Commission  President’s  speech18  in 
November 2003.  

Specifically, the 2004-2005 Action Plan testifies to the Commission’s ongoing commitment to the 
fight  against  fraud  and  contains  one  of  its  responses  to  the  new  challenges  relating  to  the 
development of the Union in 2004 and 2005. The Plan comprises:  

– 

– 

– 

actions  that  it  was  not  possible  to  implement  in  the  previous  period  and  actions  that  still 
have  to  be  decided  on  in  order  to  complete  implementation  of  the  overall  strategic 
approach,  in  particular  the  strengthening  of  the  operational  partnership  with  the  Member 
States;  

recent  developments  relating  to  the  reinforcement  of  the  legal  framework  of  OLAF19,  as 
recommended by the Commission in its progress report on the activities of OLAF20 and by 
the President of the Commission in his Action Plan of 18 November 2003. Because of the 
weaknesses revealed by the Eurostat case, the Commission thinks it necessary to act more 
rapidly  and  thoroughly  than  originally  envisaged  in  the  progress  report.  Consequently,  a 
number  of  initiatives,  some  of  which  are  already  being  implemented,  will  be  taken  in 
addition to the recommendations of the Progress report; 

a number of more specific initiatives, such as the White Book on the European Prosecutor, 
or  other  initiatives,  which  respond  to  specific  requests  or  needs,  such  as  the  handling  of 
irregularities  notified  before  1  January  1999  in  relation  to  the  EAGGF-guarantee  section 
(“Recovery” Task-Force) or the simplification of the procedures for notifying irregularities 
(EAGGF-Guarantee, Structural Funds, Cohesion Fund).  

This new Action Plan emphasises the following policy guidelines and priorities:  

– 

– 

18 

19 

20 

reinforcing the regulatory framework of May 1999 for OLAF’s activities and competencies 
(improving the information flow between OLAF and the European institutions and bodies; 
fully  guaranteeing  the  rights  of  individuals  affected  by  an  external  or  internal  inquiry; 
strengthening  OLAF’s  operational  efficiency  and  enhancing  the  role  of  the  Office’s 
Supervisory Committee); 

improving  the  information  flow  between  the  Member  States  and  the  Commission,  for 
example  by  amending  the  regulations  on  notification  of  irregularities;  developing  the 
Customs Investigations Information File (“FIDE”) and implementing the new Regulation 
concerning  mutual  administrative  assistance  in  the  field  of  VAT  and  the  laundering  of 
profits from Community fraud;  

State of the Union Address on legislative and work programme of the Commission for 2004 by Mr Prodi at the 
European Parliament in Strasbourg on 18.11.2003.  
Draft  amendments  of  Regulations  Nos 1073/99  and  1074/99  adopted  on  10.02.2004,  COM  (2004)  103  final 
and COM (2004) 104 final.  
See the Resolution of the European Parliament on the Commission report on the evaluation of the activities of 
the European Anti-Fraud Office (COM (2003) 154 – 2202/2237(INI)) and conclusions of the Council on the 
same Report (doc. 16280/03 of 22 December 2003). 

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– 

developing  the  criminal-law  protection  of  the  Community’s  financial  interests  with  the 
competent authorities in the Member States, for example by following up the decision of 
the Intergovernmental Conference (IGC) to establish, in the constitutional treaty, the legal 
basis  for  creating  a  European  Prosecutor  with  competence  for  protecting  the  financial 
interests of the European Union.  

This  2004-2005  action  plan  will  therefore  complete  the  implementation  of  the  Overall  strategic 
anti-fraud  approach  of  June  2000  and  create  the conditions  allowing  the  Commission  to  launch  a 
new drive to protect the Community’s financial interests and to fight against fraud. 

EN 

6 

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OBJECTIVES 
Measure 

LEAD DEPT.21 

1 st HALF 

2004 

2 nd HALF 

1 st HALF 

2005 

2 nd HALF 

1. 

AN OVERALL ANTIFRAUD LEGISLATIVE POLICY 
1.1. 

DEVELOPING A CULTURE OF PREVENTION AND TIGHTENING UP LEGAL TEXTS 

Consolidation  of  the  structure  and  functions  of  OLAF  by 
reinforcement of its legal framework 

OLAF, SG 

Proposals for amendment 
of Regulations No 1073 
and 1074/1999 23 

Cooperation  between  the  Community  and  the  Member 
States to protect the Communities’ financial interests  
Extension  of  cooperation  mechanisms,  exchange  of 
information  and  assistance  to  new  areas,  especially  to 
money laundering and VAT fraud 

OLAF, 
TAXUD, 
MARKT, JAI 

Assessment  of  Regulations  No.  1469/1995  and  No. 
745/1996 24 
(Black list mechanism in EAGGF-Guarantee Section) 

OLAF,  AGRI, 
SJ 

Defining  OLAF’s  objectives, 
the 
strategic guidelines and the contributions of the Institutions 
in the field of anti-fraud action 

into  account 

taking 

OLAF 

Definitive  setting-up  of 
the  European  Technical  and 
Scientific  Centre  (ETSC)  to  finalise  Council  Decisions 
2003/861 and 862/EC 25 
Continuation  and  adaptation  of  the  training,  exchange  and 
assistance  action  programme  for  the  protection  of  the  euro 
against counterfeiting (PERICLES programme26 ) 

OLAF, ECFIN 

OLAF 

Proposal for a Regulation 
based on Article 280 of the 
EC Treaty on mutual 
administrative assistance, 
especially on money 
laundering and VAT fraud 
Second report on the “black 
list system” in the EAGGF-
Guarantee Section 

Preparation of a 
Commission 
communication on the main 
themes for strategic anti-
fraud guidelines 
Commission decision 

Proposal for amendment of 
the regulations concerned. 
Examination of their field 
of application 

Evaluation of the 
PERICLES programme 
with a view to a new 
legislative proposal 

Communication on the 
adaptation of the 
PERICLES programme. 
Proposal for a Council 

2
2

:
s
b
O

II 

I 
R. 3 

III 

II 
R. 11 

III 

III 

21 
22 

23 
24 
25 

-  Carry-overs from previous years and recurring Actions; 
-  Actions based on Report Art 15 Recommendations and “Prodi Action Plan” 

Lead department, followed by associated departments. 
The figures preceded by “R” refer to Report Art 15 recommendations. The figures in italics refer to the following categories: 
I 
II 
III  -  Supplementary initiatives. 
COM (2004) 103 and 104 final of 10.02.2004. 
Council Regulation (EC) No 1469/95 of 22.06.95 (OJ L 145, 29.6.1995) and Commission Regulation (EC) No 745/96 of 24.4.96 (OJ L 102 , 25.4.96). 
Council Decisions of 8 December 2003 Nos. 2003/861/EC and 2003/862/EC (OJ L 325, 12.12.2003) 

EN 

7 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
OBJECTIVES 
Measure 

LEAD DEPT. 

2004 

Decision 

2005 

1 st HALF 

2 nd HALF 

1 st HALF 

2 nd HALF 

1. 

AN OVERALL ANTIFRAUD LEGISLATIVE POLICY 
1.2. 

STRENGTHENING MEANS OF DETECTION, CONTROLS AND SANCTIONS 

Clarification  of  fraud  investigation  powers  at  Community 
level, particularly in the area of direct expenditure 

OLAF, SG 

Proposals for amendment 
of Article 3(2) of 
Regulations 1073 and 
1074/1999 

Extension  of  the  administrative  penalty  system  to  the 
following areas: 
- customs 
- structural funds 
- direct expenditure 

TAXUD, 
SJ, 
REGIO,  EMPL, 
FISH, 
AGRI, 
OLAF 
OLAF,  BUDG, 
SJ 

Preliminary examination with a view to including 
administrative penalties in the regulations concerned 

Examination of the need 
for a specific regulation 
on fraud and irregularities 
in connection with 
contracts involving 
Community financing 

- OLAF investigations (resistance to checks) 

OLAF, SG 

Proposals for amendment 
of Article 6(6) of 
Regulations 1073 and 
1074/1999 

Technical  guidelines  for  competent  authorities  in  the 
Member States which may wish to carry out or supervise the 
process of authenticating euro coins on their territory 

OLAF 

Commission 
recommendation on 
methods of authenticating 
euro coins 

1.3. 

ENSURE A MORE EFFECTIVE MANAGEMENT OF ADMINISTRATIVE AND FINANCIAL FOLLOW-UP 

Improvement  of  the  recovery  of  sums  wrongly  paid 
(EAGGF-Guarantee Section, Regulation No. 1258/199927 ). 

AGRI, OLAF 

Proposal for amendment of 
Regulation No. 1258/1999, 
on financing of the CAP 

Handling  the  backlog  of  irregularities  reported  before 
28 
595/1991 
1.1.1999 
(EAGGF/Guarantee Section). Recovery Task Force 29 

Regulation  No. 

under 

OLAF, AGRI 

Conclusion of work 

:
.
s
b
O

II 
R. 3 

II 
R. 12 

I 

II 
R. 4 

III 

III 

I 

26 
27 
28 
29 

Council Decisions of 17 December 2001 Nos. 2001/923/EC and 2001/924/EC (OJ L 339, 21.12.2001). 
Council Regulation (EC) No 1258/99 of 17.5.99 (OJ L 160, 26.6.99). 
Council Regulation (EEC) No 595/91 of 4.3.91(OJ L 067, 14.3.91). 
COM (2002) 671 final of 3.12.2002. 

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8 
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OBJECTIVES 
Measure 

LEAD DEPT. 

1 st HALF 

2004 

2 nd HALF 

1 st HALF 

2005 

2 nd HALF 

2. 

NEW CULTURE OF COOPERATION 

2.1. 

ENHANCED USE AND ANALYSIS OF INFORMATION (“INTELLIGENCE”) 

the 

FIDE 

Setting 

Developing  operational  cooperation  between  customs 
administrations. 
(Customs 
up 
Investigations Information Files) 
Simplifying  the  procedure  for  notifying  irregularities  based 
on Regulation (EC) No 1681/9431 concerning the Structural 
Funds 
Simplifying  the  procedure  for  notifying  irregularities  based 
on  Regulation  (EC)  No 1831/94  32  concerning  Cohesion 
Funds 
Simplifying  the  procedure  for  notifying  irregularities  based 
on 
concerning 
EAGGF-Guarantee expenditure 

Regulation 

No 595/91 

(EC) 

OLAF, 
TAXUD, JAI 

DGs 

OLAF, 
authorising 
Structural Funds 
OLAF, REGIO 

Proposal for amendment of 
Regulation No 515/97 30  

Reinforced coordination to 
support and manage joint 
operations 

Proposal for amendment of Regulation No 1681/1994 

Proposal for amendment of Regulation No 1831/1994 

OLAF, AGRI 

Proposal for amendment of Regulation No 595/1991 

2.2. 

Strengthening relations with Member States 

DEVELOPING A CLOSER PARTNERSHIP WITH MEMBER STATES AND NON-COMMUNITY COUNTRIES 
Update of Commission 
Decision 94/140/ /EC33 
establishing the COCOLAF 

OLAF, SG, SJ 

Improving  information  from  Member  States  at  Community 
level on the follow-up given to OLAF’s investigations 

SG, OLAF 

Enhancing  cooperation  structures  and  exploitation  of 
possibilities for synergy 

OLAF 

Proposals for amendment 
of Articles 9 (3) of 
Regulations Nos 1073 and 
1074/1999 

Inventory of the services 
that the Commission/OLAF 
can provide to the 
institutions and Member 
States 

Implementation of 
multidisciplinary Service 
Platform 

:
.
s
b
O

II  
R. 14 
III 

III 

III 

III 

I 
R. 14, 6 

II 
R. 6 

II 
R. 14 

Assistance  to  new  Member  States  to  reinforce  their  own 
capacities for fighting fraud 

OLAF, ELARG 

Implementation of Transition Facility funds (2004-2006) for the protection of the Community’s financial interests and 
the fight against fraud 

III 

Deployment of OLAF Regional Assistants in the new Member States 

30 
31 
32 
33 

Council Regulation (EC) No 515/97 of 13.03.97 - OJ L 082, 22.03.97. 
Commission Regulation (EC) No 1681/94 of 11.07.94 - OJ L 178, 12.07.94. 
Commission Regulation (EC) No 1831/94 of 26.07.94 - OJ L 191, 27.07.94. 
Commission Decision 94/140/EC of 23.02.94 - OJ L 061, 04.03.94. 

EN 

9 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
:
.
s
b
O

III 

II 
R. 10 

I 

II 
R. 10 

I 
II 
R. 10 

I 

OBJECTIVES 
Measure 

LEAD DEPT. 

1 st HALF 

2004 

2 nd HALF 

1 st HALF 

2005 

2 nd HALF 

2. 

A NEW CULTURE OF COOPERATION 

2.2. 

DEVELOPING A CLOSER PARTNERSHIP WITH MEMBER STATES AND NON-COMMUNITY COUNTRIES 

Reinforcement  of  anti-fraud  coordination  services 
candidate countries 

in 

OLAF, ELARG 

Ongoing assistance to Bulgaria and Romania through the Multi-Countries Anti-fraud PHARE Programme for the 
protection of PHARE financial interests 
Assistance to anti-fraud coordination in the new candidate countries 
Deployment of OLAF Regional Assistants in certain candidate countries 
Conclusion of administrative arrangements with Anti-fraud Coordination Services (AFCOS) of the candidate countries 
and, where appropriate, with competent services in third countries 

OLAF 

Memoranda  of  understanding  with  candidate  countries  and 
third countries 
Negotiations  conducted  with  Switzerland  on  the  fight 
against fraud 
Administrative  cooperation  and  mutual  assistance 
customs matters with third countries 

in 

Analysis, cooperation and information exchanges on matters 
relating to the euro with third countries 

OLAF, RELEX 

Conclusion of negotiations 

OLAF, 
TAXUD, 
RELEX 
OLAF, ECFIN 

Negotiations of international mutual administrative assistance agreements in the customs area 

Inclusion of anti-counterfeiting clauses in cooperation and association agreements, pursuant to Article 9(2) of 
Regulation No 1338/200134  

2.3. 

POLICY OF ONGOING EVALUATION OF ANTI-FRAUD ACTIONS 

Inventory  of  new  measures  at  Community  and  Member 
State level in 2003 and 2004 

OLAF 

2003 Annual Report 
Article 280(5) of the EC 
Treaty 

2003 Annual Report 
Article 280(5) of the EC 
Treaty 

34 

Council Regulation (EC) No 1338/2001 of 28.06.2001 - OJ L 181, 04.07.2001. 

EN 

10 
EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
OBJECTIVES 
Measure 

LEAD DEPT. 

1 st HALF 

2004 

2 nd HALF 

1 st HALF 

2005 

2 nd HALF 

3. 

AN INTERINSTITUTIONAL APPROACH TO PREVENT AND COMBAT CORRUPTION 

3.1. 

DEVELOP A CULTURE OF COOPERATION AT ALL LEVELS 

Possible definition of practical arrangements for cooperation 
between OLAF and other Commission departments 

OLAF, 
other services 

SG, 

Facilitate  the  conducting  of  internal  investigations  within 
other institutions and bodies 
Possible definition of practical arrangements for cooperation 
between OLAF and IDOC 

OLAF, SG, SJ 

OLAF, 
ADMIN 

IDOC, 

Improvement  of  transparency  in  the  flow  of  information 
between  OLAF  and  other  DGs  to  assure  an  appropriate 
follow-up 

SG, 
ADMIN, 
(OLAF) 

IDOC, 
IAS, 

Creation of high level 
interdepartmental group 

Examine the usefulness of 
adopting a memorandum of 
understanding (or another 
type of text) 
Examine the usefulness of proposing protocols / memoranda of understanding with other 
institutions 

Appropriateness of 
re-examining the 
memorandum of 
understanding agreed upon 
in 2003, in the light of 
recent developments 35 

of 

for 

3.2. 
Clarification 
performing 
arrangements 
internal/external  investigations  and  related  measures  by 
precise rules 

IMPROVE THE LEGAL FRAMEWORK FOR ADMINISTRATIVE INVESTIGATIONS 
Proposals for amendment 
of Articles 6, paragraphs 7, 
7(a) and 7(b) of 
Regulations Nos 1073 and 
1074/1999 
Proposals for amendment 
of Articles 6, paragraphs 
5(a), 7(a) and 7(b) of 
Regulations Nos 1073 and 
1074/1999 

Compliance  with 
application  of 
information  procedures  with  regard  to  the  institutions, 
bodies and offices concerned and the persons involved 

standardised 

SG, OLAF  

SG, OLAF 

and 

:
.
s
b
O

II 
R. 7 

II 
R. 9 

II 
R. 8 

II 
R. 8 

II 
R. 2 

II 
R. 16 

35 

Namely, adoption of the Commission Decision C/2004/1588 final/4 of 28.04.2004. 

EN 

11 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
:
.
s
b
O

II 
R. 13 

II 
R. 6 

I 

I 
R. 14, 6 

OBJECTIVES 
Measure 

LEAD DEPT. 

1 st HALF 

2004 

2 nd HALF 

1 st HALF 

2005 

2 nd HALF 

ENHANCEMENT OF THE CRIMINAL-LAW JUDICIAL DIMENSION 

4. 
Reinforcement of the effectiveness of criminal prosecutions 
by establishing a European Public Prosecutor 
Follow  up  the  application  of  the  Convention  and  its 
protocols  to  the  protection  of  the  Community’s  financial 
interests  

OLAF, JAI 

OLAF, JAI, SJ 

Preparation of a White Book 

Report on the 
implementation of the 
Convention by the Member 
States 

Improvement of structured relations with Europol 
Development  of  the  judicial  dimension  and  the  function  of 
interlocutor of the police and judicial authorities 

OLAF, Europol 
OLAF 

Conclusion of a protocol 

Establishment with Member States of a Practical Guide 
for cooperation with criminal prosecution authorities 

EN 

12 
EN