2005/223/EC: Commission Decision of 25 February 2005 amending Decision 94/140/EC setting up an advisory committee for the coordination of fraud prevention
Date: 2005-02-25
Institutions: European Commission
Subjects: European Anti-fraud Office, European Commission, advisory committee (EU), fraud against the EU, intergovernmental cooperation (EU), judicial cooperation in criminal matters in the EU

17.3.2005

EN

Official Journal of the European Union

L 71/67

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 February 2005

amending Decision 94/140/EC setting up an advisory committee for the coordination of fraud
prevention

(2005/223/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

adopted
Commission were
(Euratom, EC) No 2185/96 (3).

in Council Regulation

Having regard to the Treaty
Community,

establishing the European

Whereas:

(1)

(2)

(3)

By Commission Decision 94/140/EC (1), the Commission
set up an advisory committee for the coordination of
fraud prevention (the committee) attached to it and
responsible for advising it on any matter relating to the
fraud and irregularities
prevention and prosecution of
and to cooperation between Member States or between
Member States and the Commission to counter fraud.

set up,

the committee was

the Community
Since
interests
provisions for the protection of the financial
the Community have been substantially developed
of
in particular by new legislative
and strengthened,
measures and organisational changes in the Commission.

General rules defining irregularities and laying down
in the field of
related measures and penalties
the
protection of the financial
interests of the Community
were adopted in Council Regulation (EC, Euratom) No
2988/95 (2), and specific rules applicable to all areas of
Community activity concerning on-the-spot adminis-
carried out by the
trative

checks and inspections

(1) OJ L 61, 4.3.1994, p. 27.
(2) OJ L 312, 23.12.1995, p. 1.

(4)

(5)

(6)

fraud;

Article 280, inserted in the EC Treaty by the Treaty of
Amsterdam, provided a new institutional framework for
the fight against
for
powers to be shared between the Community and the
Member States and for close and regular cooperation
between the competent authorities of
the Member
States and the Commission for the protection of the
financial interests of the Community.

it provides in particular

Commission Decision 1999/352/EC, ECSC, Euratom (4),
established the European Anti-Fraud Office (OLAF) as the
service responsible for administrative anti-fraud investi-
gations, extending to all the activities linked with the
protection of Community interests from irregular acts
likely to lead to administrative or criminal proceedings.

Regulation (EC) No 1073/1999 of
the European
Parliament and of the Council (5) and Council Regulation
(Euratom) No 1074/1999 (6) determined the
legal
framework for OLAF’s activities, making it responsible
for ensuring cooperation between the
in particular
competent authorities of
the Member States and the
Commission for the coordination of action to protect
interests of the Community against fraud.
the financial

(3) OJ L 292, 15.11.1996, p. 2.
(4) OJ L 136, 31.5.1999, p. 20.
(5) OJ L 136, 31.5.1999, p. 1.
(6) OJ L 136, 31.5.1999, p. 8.

L 71/68

EN

Official Journal of the European Union

17.3.2005

(7)

(8)

In the field of protecting the euro against counterfeiting,
the Commission has been given specific responsibility for
ensuring the overall protection of the single currency by
means of consultations within an advisory committee
under Council Regulation (EC) No 1338/2001 (1) in the
context of close and regular cooperation between the
national authorities and the Commission itself. Council
Decision 2001/923/EC (2) gave the Commission respon-
sibility for managing and implementing a Community
exchange, assistance and training programme for the
euro against
protection of
counterfeiting (the
the
Pericles programme)
in cooperation with the Member
States.

Given these new dimensions in Community legislation
and the committee’s horizontal function, the committee’s
advisory powers should be adapted, as should the repre-
sentation on it of the Member States, whose represen-
tatives must be able to be assisted by the competent
national authorities. In the interests of flexibility there
should also be provision for the possibility of setting
up sectoral working parties.

(9)

Decision 94/140/EC must be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 94/140/EC is amended as follows:

1. Article 2(1) is replaced by the following:

‘1.
The Commission may consult the committee on any
matter relating to the prevention and prosecution of fraud
and all other illegal activities adversely affecting the financial
interests of the Community, and on any matter relating to
cooperation between Member States or between Member
States
financial
interests of the Community, in order to organise more effec-
tively close and regular cooperation between the competent
authorities to counter fraud.

and the Commission to protect

the

The Commission may consult the committee on any matter
relating to the protection of the financial
interests of the
Community and the protection of euro notes and coins
against counterfeiting.

relating to the legal protection of

The Commission may also consult the committee on any
matter
the financial
interests of the Community,
in particular with regard to
the police and judicial aspects of developing, and coop-
erating on, the fight against fraud.’

2. Article 3 is amended as follows:

(a) Article 3(1) is replaced by the following:

‘1.
The committee shall consist of two representatives
for each Member State; they may be assisted by two
representatives of the competent national authorities.’

(b) Article 3(3) is replaced by the following:

‘3.
In agreement with the Commission, working
parties may be set up by the committee to facilitate its
work on sectoral matters within its remit.

The Commission shall provide secretarial services for the
committee.’

3. In Article 6 the reference to Article 214 of the Treaty is

replaced by a reference to Article 287 of the Treaty.

Article 2

This Decision shall take effect from the day of its publication in
the Official Journal of the European Union.

Done at Brussels, 25 February 2005.

For the Commission

Siim KALLAS
Vice-President

(1) OJ L 181, 4.7.2001, p. 6.
(2) OJ L 339, 21.12.2001, p. 50.