FIGHT AGAINST FRAUD DEPARTMENT - Guvernul … · ISPA Instrument for Structural Policies for Pre-Accession MA Management Authority NACPEPT National Agency for Community Programs for

FIGHT AGAINST FRAUD DEPARTMENT -

DLAF

ANNUAL ACTIVITY REPORT

2014

TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CHAPTER 6 - COMBATTING FRAUD

Article 325

„(1) The Union and the Member States shall counter fraud and any other illegal

activities affecting the financial interests of the Union through measures to be taken in

accordance with this Article, which shall act as a deterrent and be such as to afford effective

protection in the Member States, and in all the Union's institutions, bodies, offices and

agencies.

(2) Member States shall take the same measures to counter fraud affecting the

financial interests of the Union as they take to counter fraud affecting their own financial

interests.

(3) Without prejudice to other provisions of the Treaties, the Member States shall

coordinate their action aimed at protecting the financial interests of the Union against fraud.

To this end they shall organise, together with the Commission, close and regular cooperation

between the competent authorities.

(4) The European Parliament and the Council, acting in accordance with the ordinary

legislative procedure, after consulting the Court of Auditors, shall adopt the necessary

measures in the fields of the prevention of and fight against fraud affecting the financial

interests of the Union with a view to affording effective and equivalent protection in the Member

States and in all the Union's institutions, bodies, offices and agencies.

(5) The Commission, in cooperation with Member States, shall each year submit to the

European Parliament and to the Council a report on the measures taken for the

implementation of this Article.”

NATIONAL ANTICORRUPTION STRATEGY 2012 - 2015

DECLARATION OF ACCESSIONI

Having regard the National Anticorruption Strategy 2012-2015,

As: - National coordinator of fight against fraud, - National contact institution with the European Antifraud Office– OLAF within the European Commission, - authority that ensures, supports, coordinates, as the case may be, the fulfilment of Romania’s obligations to protect the EU financial interests, in compliance with art. 325 of the Treaty of the Functioning of the European Union,

FIGHT AGAINST FRAUD DEPARTMENT – DLAF

Considers corruption as a phenomenon that seriously affects the EU financial interests in Romania,


Incriminates corruption in all its forms,


Firmly expresses its engagement in the anticorruption efforts through all legal measures,

Therefore,


States the following:

1. accesses to the fundamental values of the National Anticorruption Strategy and supports all its principles and objectives, 2. commits to fulfill the measures that are specific to DLAF’s prerogatives, 3. advocates and promotes the anticorruption legal framework that aims the fight against corruption by criminal and administrative measures, in order to ensure the effective protection of EU financial interests in Romania, by specific legislative, operational and informational means, in accordance with GRECO recommendations, 4. takes part in the fulfillment of the conditions settled through the cooperation and monitoring mechanism of the National Anticorruption Strategy, at the level of the Cooperation Platform for the independent authorities and anticorruption institutions, as well as at the level of the Monitoring Committee of the progress registered by Romania within the Cooperation and Verification Mechanism.

STATE SECRETARY

HEAD OF DLAF

I The hereby Declaration was adopted by the Head of DLAF, on behalf of the Fight Against Fraud Department, in accordance with the

provisions of art. 2 of Law no. 61/2011 regarding the organization and functioning of the Fight Against Fraud Department – DLAF and the provisions of art. 2 of Government Decision no. 738/2011 on the approval of the Regulation on the organization and functioning of the Fight Against Fraud Department – DLAF, considering Government Decision no. 215/2012 regarding the approval of the National Anticorruption Strategy for the period 2012 -2015, the Inventory of anticorruption preventive measures and evaluation indicators and the National Action Plan for the implementation of the National Anticorruption Strategy 2012-2015.

TABLE OF CONTENTS

DLAF 2014: AFCOS ROMANIA – EVOLUTIONS and APPRECIATIONS

DLAF 2014: ACTIVITY

� Protection of EU’s financial interests in Romania by legislative,

administrative or inter-institutional cooperation measures

� Protection of EU’s financial interests in Romania by operational means

� Cooperation with OLAF

� Public communication and relations with mass-media

� DLAF’s administrative capacity

ABREVIATIONS

AFCOS Antifraud Coordination Service

AM POP Managing Authority for the Fisheries Operational Programme

AM POS Transport Managing Authority for the Transport Operational Programme

CF Cohesion Fund

CIPA Compartment Internal Public Audit

CJUE Court of Justice of the European Union

COCOLAF Advisory Committee for the Coordination of Fraud Prevention

DC Directorate Control

DEA Directorate Economic and Administrative

DLA Directorate Legal Affairs

DMHR Directorate Management Human Resource

DMI Directorate Management of Information

EAGF European Agricultural Guarantee Fund

EARDF European Agricultural Fund for Rural Development

EC European Commission

ERDF European Regional Development Fund

ESF European Social Fund

HOC High Official Cabinet

IMS Information Management System

ISPA Instrument for Structural Policies for Pre-Accession

MA Management Authority

NACPEPT

National Agency for Community Programs for Education and Professional Training

NAFA National Agency for Fiscal Administration

NPRD National Programme for Rural Development

OPDAC Operational Programme for Development of Administrative Capacity

PAI Pre-Accession Instrument

PEAD European Aid to the Most Deprived

PHARE Pre-accession Instrument Financed by the European Union

ROP Regional Operational Programme (REGIO)

SAPARD Special Pre-Accession Programme for Agriculture and Rural Development

SAPS Single Area Payment Scheme

SOP DHR Sectoral Operational Programme Development of Human Resources

SOP IEC Sectoral Operational Programme Increase of Economic Competitiveness

SOP Environment Sectoral Operational Programme Environment

SRMMPR Service Relations with Mass-Media, Protocol and Registry

A n n u a l A c t i v i t y R e p o r t - 2 0 1 4 -

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G O V E R N M E N T OF R O M A N I A

F I G H T A G A I N S T F R A U D D E P A R T M E N T

DLAF 2014: AFCOS ROMANIA

EVOLUTIONS and APPRECIATIONS

„As you know, with the new OLAF Regulation, which entered into force last October, each

Member State, including the “old ones”, have to put in place a correspondent authority with OLAF,

and we have said that DLAF is a good example.

We hope that other Member States also copy DLAF example and the reason I am saying this

is (*) [because] we have a very well established practice. So, from the control side, you are on a

very good track; (*) regarding fraud you have developed one of the best antifraud systems. That is

a very good sign of reaction and that is what we can say about Romania.”

Excerpt from the speech made by Mr. Giovanni Kessler, General Director of OLAF,

at the Conference “Anti-fraud and Anti-corruption Measures in European Structural and

Investment Funds”,

organised by European Commission, with OLAF participation, Bucharest, 03 June 2014

ANTI-FRAUD JOINT ACTIONS: EUROPEAN COMMISSION AND ROMANIA

DLAF (AFCOS ROMANIA) - EUROPEAN INSTITUTION

� Report from the Commission to the European Parliament and the Council -

Protection of the European Union’s financial interests — Fight against fraud 2013 - Annual

Report – Brussels, 17.7.2014, COM(2014) 474 final – excerpt:

“Each year, under Article 325(5) of the Treaty on the Functioning of the European Union

(TFEU), the Commission, in cooperation with the Member States, submits to the European

Parliament and the Council a report on measures taken to counter fraud and any other illegal

activities affecting the EU’s financial interests. The Treaty states that the EU and the Member

States share responsibility for protecting the EU’s financial interests and fighting fraud. National

authorities manage around 80% of EU expenditure and collect Traditional Own Resources (TOR).

The Commission oversees both of these areas, sets standards and verifies compliance. It is

essential that the Commission and Member States work closely together to ensure that work

protecting the EU’s financial interests is effective. [3]


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The report in particular highlights the establishment of an Anti-Fraud Coordination Service

(AFCOS) in each Member State, as this will facilitate the exchange of key information relating to the

EU’s financial interests between Member States and OLAF. [*]”

Measures to protect the EU’s financial interests, 2009-2013

In 2009-2013, the Commission has taken unprecedented legal and administrative measures

to improve the protection of the EU’s financial interests. This series of measures started in 2011,

when the Commission adopted its multi-annual Anti-Fraud Strategy (CAFS). Initially addressed to

the Commission services, the Strategy was pivotal in raising awareness of fraud among the

national authorities responsible. Moreover, based on the Strategy, specific anti-fraud provisions

were introduced into the new spending programmes for 2014-2020.

A second milestone in stepping up the fight against fraud was marked by the adoption of the

new OLAF Regulation in 2013. [3]

In 2012 and 2013, the Commission addressed the criminal law aspect of the protection of the

EU's financial interests by adopting proposals for:

•••• a directive on the fight against fraud by means of criminal law in July 2012 which should

remove loopholes in Member States' anti-fraud legislation that impede the effective

prosecution of fraudsters;

•••• a regulation on the establishment of a European Public Prosecutor’s Office (EPPO) in July

2013. (3)

The Commission has also taken a number of significant measures specifically to protect the

revenue side of the EU budget. These include:

•••• the proposal for an amendment of Regulation 515/97 on Mutual Administrative Assistance

in the customs area;

•••• the Directives on a quick reaction mechanism against VAT fraud and a reverse charge

mechanism;

•••• the signing of the FCTC Protocol against illicit tobacco trade; and

•••• the Communication on the fight against tobacco smuggling in 2013.

With these measures, the Commission has shaped a new landscape for anti-fraud policy at

EU level.

Detection and reporting of (fraudulent and non-fraudulent) irregularities that affect the

EU budget

In 2013, 1609 irregularities were reported as fraudulent (this includes both suspected and

established fraud), involving EUR 309 million in EU funds. There are still significant differences in

the number of fraudulent irregularities reported by each Member State, possibly due to different

approaches to detecting fraud and, in some cases, to non-homogeneous interpretations when

applying the legal framework. Reported fraudulent irregularities have been decreasing on the

revenue side. On the expenditure side, their number dropped sharply between 2009 and 2011, but

is increasing again.


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Some trends have grown stronger in the past two years: the involvement of administrative

bodies in detecting fraudulent irregularities has continued to increase and the use of falsified

documentation has become the most common way of committing fraudulent acts.

Irregularities not reported as fraudulent have increased, particularly in terms of amounts. This

mainly reflects the increased resources made available to various spending programmes, more

programmes being implemented, and the fact that European institutions and national audit services

are paying more attention to the management of funds.

Preventive and corrective measures

In 2013, the Commission made several decisions to ensure that EU resources are spent

according to the principle of sound financial management and that EU financial interests are

protected. It made 217 decisions to interrupt payment (involving over EUR 5 billion) in the cohesion

policy area. Of these, 131 were still open at the end of 2013 (involving about EUR 2 billion of

interrupted payments). The Commission also made four new suspension decisions (three of these

were still ongoing at the end of the year). The Commission made financial corrections of over EUR

2.5 billion and issued recovery orders for EUR 955 million.

The measures taken in 2013 show that the Commission takes protecting the EU’s financial

interests seriously and that the mechanisms in place are effective in accomplishing this goal.

However, now it is national budgets that bear the risk of not recovering amounts that have already

been paid out to beneficiaries but are subject to financial corrections.

Anti-Fraud Coordination Services (AFCOS)

This year's report focuses on the requirement for each Member States to set up an Anti-Fraud

Coordination Service (AFCOS) in accordance with Article 3.4 of Regulation (EU) No 883/2013.

Setting up AFCOS aims to facilitate effective cooperation and exchange of information with the

European Anti-Fraud Office (OLAF)”1.

Only four Member States (Ireland, Sweden, Luxembourg and Spain) have not formally

established their AFCOS yet, but plan to do so by the end of 2014 or 2016, respectively.

Thirteen Member States (including Romania - DLAF) organised their AFCOS as a Central

contact point, while in the remaining Member States, AFCOS competences are handled by a

network of organisations. In only three (including Romania - DLAF) of the thirteen Member States,

the AFCOS service was set up as an investigative body and only two AFCOS (including Romania -

DLAF) are established as a self-standing authority.

“In Romania the AFCOS has broad coordinative and investigative powers and conducts joint

investigations with OLAF, based on the New Criminal Procedure Code”2, being the only AFCOS

which takes part in the investigation of criminal cases.

Regarding the main functions of AFCOS and the coordination competencies, the comparative

analysis3 made by OLAF in the report referred to above is the following:

1 COM(2014) 474 final – Annual Report 2013 - p. 5-8 2 COM(2014) 474 final – Annex: Implementation of Article 325 TFUE by the Member States in 2013 - p. 59, emphasis added 3 COM(2014) 474 final – Annex: Implementation of Article 325 TFUE by the Member States in 2013 - p. 60 and 66


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Main functions accomplished by AFCOS (all types of AFCOS)

MS

In charge of

irregularities

reporting

Legal issues

Training and

antifraud

prevention

Investigation Coordination

of information

Public

relations Other

AT √

BE √

BG √ √ √ √ √ √ √

CY √ √ √ √ √

CZ √ √ √ √ √ √

EE √ √ √

FI √ √

FR √ √ √

HR √ √ √ √ √

HU √ √ √ √ √

IT √ √ √ √ √ √

LT √ √ √ √ √ √

LV √ √

MT √ √ √ √

NL √ √ √ √ √ √ √

PL √

PT √ √ √ √

RO √ √ √ √ √ √ √

SI √ √ √ √ √

SK √ √ √ √ √

Competences of AFCOS in the field of coordination

MS

Irregularity

management

framework

AFCOS is

informed

National

antifraud

coordination

Possibility to

develop

antifraud

proposals to

enforce

antifraud

arrangements

Training and

antifraud

prevention

Guide on

methodology

Accessibility of

data in

administrative

field

Other

AT √

BE √ √ √ √ √

BG √ √ √ √ √ √

CY √ √ √ √ √ √

CZ √ √ √ √

EE √ √ √ √ √ √

FI √

FR √

HR √ √ √ √ √ √

HU √ √ √ √ √ √

IT √ √ √ √ √ √

LT √ √ √ √

LV √ √ √

MT √ √ √ √ √ √

NL √

PL √

PT √ √ √ √ √ √

RO √ √ √ √ √ √ √

SI √ √ √ √ √ √

SK √ √ √ √ √ √


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� DLAF – AFCOS ROMANIA – 2014

With its annual results, described in the present Report, DLAF confirmed, once again,

its involvement in the fight against fraud, together with its national and European partners:

� regarding the protection of EU’s financial interests, by legislative, administrative or inter-

institutional cooperation measures, DLAF continued a pro-active approach in order to prevent

fraud, and:

- was involved, according to its legal competences, in national and European actions, in

legislative initiatives, in public policies or in exchange of experience with other interested

stakeholders,

- encouraged the national antifraud approach through preventive coordinated activities, in

accordance with national and European anticorruption standards,

� regarding the protection of EU’s financial interests, by operational means, DLAF:

- carried on its role to combat fraud through a constant number of opened/finalised

investigations, both in 2013 and 2014,

- maintained its investigation policy by covering all types of European funds; however, in

2014, compared to 2013, the number of investigations regarding Agricultural Funds and European

Funds managed by Romania through indirect management increased,

- received more complaints that could trigger an investigation in 2014, compared to 2013,

- strengthened institutional cooperation with National Anticorruption Directorate (NAD) and

managing authorities; the number of notifications sent by these institutions increased in 2014,

compared to 2013,

- ascertained more suspected fraud cases (especially regarding Agricultural Funds and

European Funds managed by Romania through indirect management) in 2014, compared to 2013.

In this context it is to underline that the number of judicial follow-up of DLAF investigation

(indictments of the prosecution bodies) increased in 2014, compared to 2013.

Meanwhile, in 2014, DLAF extended the cooperation with OLAF, both by DLAF’s involvement

in its legislative initiatives or by the participation to all the reunions organized by OLAF for the

Member States and by operational cooperation, technical assistance or irregularity reporting

activities.

From the point of view of the financial resources, in 2014, DLAF carried out its activity

according to the principle of sound financial management.

From the point of view of the human resources, in 2014, DLAF still had insufficient staff

specialised in combating fraud; the personnel scheme being only 60% occupied, the staff of the

Department was overloaded from the point of view of the volume of activity performed.


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Protection of EU financial interests in Romania by legislative and

administrative measures or by inter-institutional cooperation

In accordance with Article 10 of the Regulation for the organization and the functioning of

the Fight Against Fraud Department – DLAF, approved by the Government Decision no. 738/2011,

the Legal Affairs Directorate within DLAF ensures the protection of the EU financial interests by

preventive, legislative or administrative measures, as follows: initiates legislative acts or public

policies, cooperates and communicates DLAF’s point of view at the work groups with other national

institutions involved in the protection of the European Union’s financial interests in Romania, with

OLAF or other relevant public authorities from other Member States of the European Union, drafts

legal opinions on the implementation of the legislation concerning the protection of the European

Union’s financial interests in Romania, at the request of the national or European institutions.

The Legal Affairs Directorate endorses the legality of the documents issued or concluded by

the Head of Department and represents the institution in front of the Judicial Court or, as the case

may be, in front of other jurisdictional bodies.

The Programs and Professional Training Service, as a part of the Legal Affairs

Directorate, coordinates, on a national level, the professional training in the field of protection of the

European Union’s financial interests in Romania, develops, in collaboration with OLAF, specific

programs and professional training modules, coordinates, programs, implements, monitors and

assesses projects and professional training modules where the Department is partner or is provider

of technical and/ or financial expertise to other states.

� Consolidation of national policies and national legal framework on the protection

of EU financial interests in Romania

•••• Strategic Inter-ministerial Group (GIS) – DLAF is member of the GIS, a working group

subordinated to the Prime-Minister, with the aim to prepare and monitor the Government's policy on

prevention and fight against macro-criminality affecting citizen safety and the functioning of public

institutions and on increasing the capacity of the government institutions in preventing and

combating crime that falls within national security threats.


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• EUROJUST – the Head of DLAF is EUROJUST national correspondent and attended the

meetings of the members of EUROJUST National Coordination System, in order to strengthen

judicial cooperation with the Member States of the European Union.

• Cooperation and Verification Mechanism (CVM) - although DLAF is not an institution

monitored under this instrument, the specific regular reports issued by the European Commission

are analysed and used to align the national anti-fraud public policies.

• EU Anti-Corruption Report – DLAF used, within its current initiatives, the suggestions

concerning Romania related to its area of activity.

• National Anti-Corruption Strategy (NAS) – DLAF is a member of the Platform for the

cooperation of independent authorities and anti-corruption institutions, coordinated by the Ministry

of Justice; DLAF reports constantly on the development of internal mechanisms against corruption,

on the staff anticorruption behaviour and shares best practices with other institutions; all self-

evaluation reports could be found on NAS internet based portal, managed by the Ministry of

Justice.

In 2014, DLAF fulfilled the specific obligations under NAS Objective 3.3 - Ensuring effective

protection of EU financial interests in Romania, by specific legislative, operational and informational

means (BM 4) and organised the Conference “National Anti-Corruption Strategy – Protection of the

EU Financial Interests in Romania”, Bucharest, 12-13 June 2014, financed from national budget

(see also sub-chapter: Other Types of National Cooperation in the Field of Protection of EU

Financial Interests in Romania). Also, in order to comply with European Parliament Resolution of 6

April 2011 on the protection of the European Union financial interests - Fight against fraud - Annual

Report 2009, DLAF, with the prior express consent of the European Commission, posted on its

website a link to the EU Transparency Portal, together with a public message, and developed

measures for the awareness of managing authorities on the obligations to publish the list of

beneficiaries of EU funds. This EU portal (Financial Transparency System) gathers information on

EU grants beneficiaries, on goods/services suppliers for the Commission, on EUROPEAID

Humanitarian Aid/Agriculture/Structural/Cohesion Funds beneficiaries.

• DLAF anticorruption internal strategy – The Department maintained its institutional approach

of continuous self-evaluation of the implementation of internal anticorruption mechanisms, as

detailed in the National Anticorruption Strategy 2012-2015 and other subsequent documents, and

DLAF staff behaviour is in accordance with the anticorruption standards stipulated in the NAS.

• National Anti-Fraud Strategy (NAFS) – in the context of OLAF Guidelines for drafting an

anti-fraud strategy, DLAF, as National Anti-Fraud Coordination Service, performed an internal

analysis of the national anti-fraud system, and initiated the necessary steps to involve the national

institutions in designing the 2015-2020 National Anti-Ffraud Strategy.

• Romania’s Partnership Agreement with the European Commission, other programmatic

documents regarding the shared management of the European Funds 2014-2020 – during the

negotiation period, DLAF has submitted its contribution to the drafting of the mentioned


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documents, contribution related to its role and responsibilities on the protection of the EU financial

interests in Romania.

• National Manual of irregularity reporting to the European Commission – as the national

coordinator of irregularity reporting, in a constant dialogue with OLAF, DLAF has improved the

content of the National Manual of irregularity reporting to the European Commission, in order to

adapt it to the national institutional framework for implementation of the new financial instruments

2014-2020.

• The Code of Conduct of personnel with control competences in the field of the protection of

European Union financial interests and The Registry for misconducts of officials, public servants,

contractual staff, with competences in the field of the protection of European Union financial

interests – due to its obligations under the National Anticorruption Strategy, as the national

coordinator of the fight against fraud, DLAF has scanned the current legal framework and drafted

the projects for the two normative acts in accordance with the European trends.

• Legal opinions on the protection of EU financial interests in Romania – at the request of

national/european administrative institutions and of the judiciary bodies, DLAF has interpreted the

legal framework concerning fraud indicators and suspicions of fraud, as well as other incidental

provisions on finding and recovery of the irregularities occurred in the use of EU funds and

consequently transmitted its position to the European Commission, as appropriate.

• GEO no. 66/2011 – DLAF sent to the Romanian Ministry of Public Finance, proposals and

remarks regarding the project for amending Government Emergency Ordinance no. 66/2011

regarding the ascertaining and sanctioning of irregularities occurred in the obtainment and use of

European funds and/or related national public funds.

• DG Regio Guide on fraud risk assessment and effective and proportionate anti-fraud

measures - in line with the guideline of the European Commission’s flow for the financial period

2014-2020, which focuses on the preventive side of the fight against fraud, as well as with the

institutional rigors imposed through the European regulations to the EU funds managing authorities,

DLAF, as the national Anti-Fraud Coordinator, disseminated the DG Regio Guide and actively

guided the managing authorities, in preparing the implementation of the new European

programmes, regarding methods and means for fraud prevention.

� Consolidation of European policies and of the European legal framework

regarding the protection of the EU financial interests

• National Coordinating Committee for European Affairs, Ministry of Foreign Affairs - DLAF is

a member of this inter-institutional group coordinated by the Ministry of Foreign Affairs, with weekly

activities, and debates various mandates for the Romania’s positions in the Council of the

European Union, related to the fight against fraud and the effective and equivalent protection of the

financial interests of the European Union, including general mandates approved by the Government

and addressed to the Council.


17



• Working Group Litigation EU, Ministry of Foreign Affairs - DLAF is a member of this inter-

institutional group within the Ministry of Foreign Affairs, which discusses horizontal issues

concerning Romania's representation to the Court of Justice of the European Union and

implications for Romanian institutions of recent case law of the EU Court of Justice of the European

Union; DLAF issues opinions for the Romanian Government Agent for Court of Justice of the

European Union, concerning pending cases related to the protection of the financial interests of the

European Union.

• Working Group on Combating Fraud, Council of the European Union – DLAF attends the

group meetings or expresses its opinion to the Permanent Representation of Romania to the

European Union, regarding the topics related to the protection of the European Union financial

interests and put on the agenda of this preparatory body of the Council of the European Union.

• Working Group on General Affairs, Council of the European Union - DLAF attends the group

meetings or expresses its opinion to the Permanent Representation of Romania to the European

Union, for topics related to the protection of the European Union and put on the agenda of this

preparatory body of the Council of the European Union.

• The European Commission Report to the European Parliament and the Council regarding

the protection of the EU financial interests – fight against fraud – as Romanian AFCOS and

according to Art. 325 TFEU, DLAF has elaborated, in cooperation with the national institutions

involved, and submitted the Romania’s contribution to the Annual Report for 2013 (report published

on July 17, 2014) and, also, initiated the preparation of the Romania’s contribution to the Annual

Report for 2014.

• The European Commission Follow up Recommendations to the Report regarding the

protection of EU financial interests on combating fraud, for 2012 – DLAF has coordinated the

elaboration of the progress report for the Member State and, consequently, informed OLAF.

• Annual Activity Report of the European Anti-Fraud Office – 2013 (published in April 2014) –

DLAF monitored the evolution of OLAF activities and its cooperation with Member States with the

aim of implementing the best practices identified and of correcting the deficiencies noted.

• Negotiations on the Accession of Montenegro to the EU - DLAF monitored and

communicated to the Ministry of Foreign Affairs its position on developments related to the

negotiation of Chapter 32 "Financial Control".

• Negotiations on the Accession of Serbia to the EU - DLAF monitored and communicated to

the Ministry of Foreign Affairs its position on developments related to the negotiation of Chapter 32

"Financial Control".

• European Political Parties and European Political Foundations – as the contact institution for

OLAF and national contact point for the Central Exclusion Database, managed by the European

Commission, DLAF was member of the group that drafted Romania's mandate in the context of

negotiations that preceded the adoption of Regulation (EU, Euratom ) no. 1141/2014 of the

European Parliament and of the Council of 22 October 2014 on the statute and funding of


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European political parties and European political foundations and of Regulation (EU, Euratom) No.

1142/2014 of the European Parliament and of the Council of 22 October 2014 amending

Regulation (EU, Euratom) No 966/2012 as regards the financing of European political parties.

• Protection of EU financial interests by criminal law - DLAF issued its opinion on Romania's

position regarding the proposal for a Directive of the European Parliament and of the Council on

combating fraud against the Union's financial interests by criminal law, which aims to establish a

common European framework for sanctioning such offenses.

• European Public Prosecutor - DLAF contributed to Romania's position on the Commission

proposal for a Regulation establishing the European Public Prosecutor, which aims to strengthen

the fight against fraud and institutional European joint efforts in this regard.

• European funding programs in the field of anti-fraud - DLAF cooperated with Romania's

Permanent Representation to the EU and contributed to strengthen the European Commission's

legislative proposals on Hercule III and Pericles 2020 Programmes, adopted in February 2014,

respectively, in March 2014.

• OLAF reform and the modification of implementing rules for the European Financial

Regulation - DLAF cooperated with the Permanent Representation of Romania to the European

Union in order to improve the institutional reform of OLAF regarding the set up of a procedural

safeguards inspector (amid a national parliamentary reserve); also, DLAF monitored the

amendment of the European criteria for the exclusion of an economic operator from public

procurement procedures and of the European system of early detection and exclusion.

� Other types of national cooperation on protection of EU financial interests in

Romania

As national coordinator of the fight against fraud, DLAF organized and carried out training

programs for national partners:

• 01-30.04.2014 – Anti-fraud Workshop "Protection of the financial interests of the European

Union in Romania - Strengthening the cooperation between anti-fraud control structures"

The event consisted of 14 sessions organized by DLAF, on its premises, financed by national

budget, as a part of the 2014 unitary anti-fraud training programme, for all control structures within

the managing authorities of EU funds.

The working sessions brought together representatives of DLAF, managing authorities,

Economic - Financial Inspection within Ministry of Public Finance and Audit Authority and were

structured on two levels: 1) presentation by DLAF of OLAF best practices Guidelines in the field of

conflict of interest and detect forged documents - guidelines developed in 2013 by the Member

States (including Romania), coordinated by OLAF and respectively 2) common approach of

difficulties encountered in practice by invited control structure and identifying possible solutions

thereof.


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• 12-13.06.2014 - Conference "National Anticorruption Strategy - Protection of the financial

interests of the European Union in Romania"

The event was organized by DLAF in partnership with the National Institute of Magistracy

(NIM) and represented the implementation of one of the training objectives proposed by DLAF for

2014: familiarization of representatives of the judiciary with European initiatives in the protection of

EU financial interests, objective included in the National Anticorruption Strategy 2012-2015

(Benchmark 3.3.). The conference was attended by representatives of DLAF, NIM, Bucharest

Judicial Court of Second Degree, NAD, Ministry of Justice and Audit Authority.

The conference aimed at sharing information on the role and importance of the activity work

of each participant in the protection of EU financial interests and the difficulties encountered in

practice. Discussions at the conference focused on identifying legislative and administrative

measures which will improve the prerequisites for fight against fraud, more efficient at national and

European level.

The conference helped to tighten contacts between representatives of different national

authorities, with responsibilities in protecting the financial interests of the European Union (DLAF,

NIM, NAD, judges) in order to better combat crime affecting the financial interests of the EU. There

were created the prerequisites to conclude a new cooperation agreement between DLAF and NAD

and inclusion of this topic on the protection of EU financial interests in the NIM training programme

for 2015.

Following the invitation of partner institutions, DLAF representatives participated in events

organized at national level, for the protection of EU financial interests in Romania and the fight

against fraud of EU funds:

• 28.01.2014 - Conference "Challenges and solutions to improve legal and institutional

framework on public procurement in Romania", organized by Partners for Social Development from

Croatia, in partnership with Expert Forum, in Bucharest;

• 20-21.02.2014 - International Seminar "Development of a law enforcement professional

network in Romania, Hungary, Serbia and Bulgaria, involved in the fight against cigarette

smuggling and counterfeiting", organized by the Police Inspectorate of Arad County, in the City of

Arad;

• 19-20.03.2014 - Regional Seminar on "Combating cigarette smuggling and counterfeit

goods", organized by Neamţ County Police Inspectorate, in Piatra Neamţ;

• 28.03.2014 – Videoconference on "Anti-fraud measures on public procurement in the EU

Single Market. Legislative, institutional and technical solutions" organized by Partners for Social

Development in Croatia, in partnership with Expert Forum, in Bucharest;


20



• 03-04.04.2014 – Course on "Main regulations of the new Criminal Code and the new

Criminal Procedure Code", organized by the Faculty of Law, University of Bucharest, through the

Association for Conferences of the Faculty of Law of the University of Bucharest, Great Hall of the

Faculty of Law, Bucharest;

• 28.04.2014 - Press Conference "2013 Annual Activity Report" - organized by the National

Council for Solving Complaints and the European Commission Representation in Romania, in

Bucharest;

• 03.06.2014 - Seminar on "Guidance note on fraud risk assessment and effective and

proportionate anti-fraud measures and the ARACHNE tool”, organized by Directorate-General for

Regional Policy of the European Commission, with the support of the Romanian Ministry of

European Funds, in Bucharest;

• 19-20.06.2014 - Meeting "Monitoring advertising costs on EU projects – the Romanian

experience", organized by the Centre for Independent Journalism, in Bucharest;

• 08.07.2014 - Conference on "Confiscation and social reuse of criminal assets: towards EU

common standards", organized by the Legal Resources Centre, University of Palermo, FLARE

Network and the Centre for the Study of Democracy, in Bucharest;

• 10.07.2014 – Debate on „Lobby in Romania vs. Lobby in EU”, organized by the European

Institute of Romania (IER), in Bucharest;

• 18.07.2014 - Closing event of the international project "Development of a law enforcement

professional network in Romania, Hungary, Serbia and Bulgaria, involved in the fight against

counterfeit and cigarette smuggling", organized by Arad County Police Inspectorate, in Arad;

• 06-07.10.2014 - the second Edition of the National Anti-Corruption Conference on "Good

practices in preventing corruption, promoting integrity and transparency", organized by the

Romanian Ministry of Justice in partnership with the Online Services and Design Directorate within

the Romanian Prime – Minister’s Chancellery, in Bucharest;

• 19-20.11.2014 – Workshop on "Sustainable Public Procurement in Romania", organized

by the Institute for Public Policy, in Bucharest;

• 27.11.2014 - Launch event for the Annual Report of the Competition Council "Romanian

competitive environment - developments in key sectors", organized by the Competition Council, in

Bucharest;

• 27.11.2014 - The debate on "Operational Programme for Administrative Capacity 2014-

2020", organized by the Open Government Partnership (OGP), in Bucharest;

• 04.12.2014 - Workshop "Sustainable Public Procurement in Romania by acknowledging

the Dutch experience", organized by the Institute for Public Policy, in Bucharest;

• 10.12.2014 - Launch Conference on the Project "Together, fighting against smuggled

cigarettes and tobacco", organized by Călăraşi County Police Inspectorate, in Călăraşi;

• 11.12.2014 - Conference on "Political and economic challenges: Answers for Europe",

organized by the European Institute of Romania, in Bucharest;


21



• 11.12.2014 - Seminar on "Best Practices in Public Procurement", organized by the

National Council for Solving Complaints, in Bucharest;

• 11.12.2014 - Special edition of OGP Club "OGP Romanian Awards 2014" organized by the

Open Government Partnership, in Bucharest;

• 17.12.2014 – "One year anniversary for the operational Fiscal Antifraud General

Directorate", organized by the National Agency for Fiscal Administration, in Bucharest.

� Cooperation agreements and participation in external studies

Due to the need to develop partnerships with other institutions involved in the protection of

EU’s financial interests, during 2014, supplementary to the forms of bilateral cooperation already

established, cooperation agreements were concluded with:

• National Agency for Fiscal Administration - Fiscal Antifraud General Directorate, in order to

promptly fulfil their duties, according to the law, and to establish practical cooperation and

exchange of information;

• Ministry of Regional Development and Public Administration (Management Authority for

Regional Operational Programme), in order to establish the interinstitutional cooperation rules and

areas, for fulfilling their mission and competences.

DLAF contributed to some external studies, such as:

• January - November 2014: „Guidelines for national anti-fraud strategies", developed by

OLAF together with Member States; the document presents general guidelines for the national anti-

fraud coordination services (AFCOS) on drafting the national anti-fraud strategies;

• January - November 2014: "Handbook related to the role of auditors as regards fraud

prevention and detection", developed by OLAF together with Member States; the handbook

presents different aspects on the organisation of the audit system and its role in fraud prevention

and detection in Member States.

� Other forms of European cooperation in the area of protecting EU’s financial

interests

Visit of European partners to DLAF:

• 10.04.2014 – Working Visit of Mr Antonio Miceli, Head of Unit A2, OLAF, during this visit,

common actions have been settled for the protection of EU’s financial interests in Romania

• 03.06.2014 - Working Meeting of OLAF’s Director-General, Mr Giovanni KESSLER, to the

Head of DLAF, on the occasion of the Conference on "Anti-fraud and Anti-corruption Measures in

European Structural and Investment Funds" organised by DG REGIO, with the support of

Romanian Ministry of European Funds

• 24-26.09.2014 – Study Visit of AFCOS Macedonia


22



The event was organized by TAIEX (Technical Assistance and Information Exchange) of the

European Commission, with DLAF’s support, and focused on the fight against the fraudulent use of

EU funds.

The purpose of the study visit was to exchange best practices for improving AFCOS

Macedonia by strengthening its powers regarding: the irregularities management, the training of the

irregularities officers and training procedures, the coordination at national level for protecting EU’s

financial interests, as well as the development of strategies for the protection of EU financial

interests in Macedonia. The participants showed much interest in the following areas: the existing

infrastructure aimed at the protection of EU financial interests, medium-term training strategy for the

management of irregularities and fraud, implementing regulations, risk management methodology

on irregularities and fraud, communication strategies and any other relevant issues.

The DLAF involvement in this project represented an exercise in strengthening collaboration

with the AFCOS Macedonia and also an image benefit regarding the DLAF’s national and

European capacity of expertise in the field of protection the European Union financial interests; the

event was attended by representatives of the Audit Authority, the Management Authority of the

Regional Operational Program, the Certification and Payment Authority, the Agency for Rural

Financing Investments.

• 08-10.10.2014 - Study Visit of the representatives of the National Anti-corruption Center

(NAC) of the Republic of Moldova

The project started at the request of our partner, having as theme the "Antifraud Investigative

Techniques" and it was completed as consultative meetings regarding the implementation in

practice of the investigation techniques and methods on EU funds fraud.

The Study Visit aimed at expanding activities and competences of NAC in Moldova in the field

of fighting against fraud on EU funds and, also represented an opportunity to gather DLAF

experiences in building an adequate institutional capacity to protect the EU financial interests.

• 03-07.11.2014 - Study Visit of the representatives of the AFCOS Bulgaria

The event was aimed at sharing experiences and best practices in areas such as:

prevention, detection, management, investigation and reporting of irregularities and fraud occurred

as a result of the use of European funds, the national institutional framework in the field of EU

funds management and absorption, the coordination at national level the protection of EU financial

interests.

Along with DLAF, the following representatives shared their experience: the Ministry of

European Funds, the Agency for Rural Financing Investments, the Management Authority of the

Regional Operational Program, the Agency for Payments and Intervention in Agriculture, the

Ministry of Justice, National Anti-Corruption Directorate, the National Integrity Agency, the

Certification and Payment Authority and the Directorate for Coordination of Paying Agencies.

The added value of the study visit was represented by the large number of case studies

debated and by the extensive experience of the guests (managing authorities, coordination and


23



control authorities). Both, AFCOS Bulgaria representatives and DLAF representatives, underlined

the importance and benefits of holding such meetings in the future, as they are a good opportunity

for knowledge and improvement of the management and control of EU funds in both Member

States.

DLAF participation in European events

• 06.02.2014 and 16.09.2014, Brussels, Belgium – OLAF Working Group "The Anti-Fraud

National Strategies for Structural and Investment Funds"

• 20.02.2014, Brussels, Belgium – OLAF Working Group „The role of auditors in prevention

and detection the fraud”

On the agendas of the two above workshops were discussed topics regarding the

organization of expert working groups and the developing of the following studies: “The guide of

drawing up the Anti-Fraud National Strategy" and "Guidance on the role of auditors in preventing

and detecting fraud".

• 26-27.03.2014, Skopje, Macedonia - Workshop " Prevention and detection of irregularities

and frauds under the Instrument for Pre-Accession for Rural Development"

The event was organized by the European Commission with the support of TAIEX (Technical

Assistance and Information Exchange), and was aimed at sharing experiences and best practices

between Member States and acceding countries. The workshop brought together about 50

participants from Macedonia, Albania, Serbia, Montenegro, Kosovo and Bosnia-Herzegovina.

• 29.04.2014, Brussels, Belgium - Meeting of the Consultative Committee for the Fight

Against Fraud (COCOLAF),Working Group "Reporting and analysis of fraudulent and other

irregularities”

The agenda of the event included the following topics: the approval of the minutes relating to

COCOLAF Meeting held on 2 December 2013, the 2014 Report on the protection of EU financial

interests, the reporting of irregularities for the new Multiannual Financial Framework Agreement

2014-2020, modules IMS (Information Management System), etc.

• 22.05.2014 – Brussels, Belgium – The 45th Plenary Session of Advisory Committee for the

Coordination of Fraud Prevention (COCOLAF)

During the meeting, the topics were: the main initiatives in public and legal policies (the state

of play of OLAF reform, the results of the first inter-institutional exchange of views (acc. to Art. 16 of

EU Regulation no 883/2013), the state of play of AFCOS appointing in Member States, criminal law

initiatives regarding protection of financial interests and European Public Prosecutor, fight against

tobacco smuggling, the Hercule III 2014 Work Programme, irregularities reporting in the new

Multiannual Financial Framework 2014-2020), presentation of 2013 OLAF Report, presentation of

draft 2013 Report for Art. 325 TFEU, the discussions on topics to be included in 2014

Questionnaire.


24



• 12-13.06.2014 – Zagreb, Croatia – The 24th OAFCN Meeting

The main meeting topics were: the approval of the 23th OAFCN Meeting minute, organized in

Brussels on November 29, 2013, one year of Croatia’s accession to the EU, brief report for media

together with ZKA (ZollKriminalamt) – Customs Criminal Office Germany, 2014 Action Plan of

OAFCN, communication strategies targeted for multicultural audience, Global Fund against AIDS,

Tuberculosis and Malaria (Switzerland), OLAF Results in communication: 2013 OLAF Report,

mass-media and fight against fraud in Croatia – Croatian Journalists Association, successful

communication strategies – Customs Authority from Croatia, case studies.

• 20.06.2014 – Podgorica, Montenegro – The Round-table meeting on strengthening the

system for the protection of EU’s financial interests in Montenegro

The event was organized by the European Commission in association with SIGMA (Support

for Improvement in Governance and Management) with focus on sharing experience and best

practice between Member and Candidate States.

The objective of this round-table was to discuss the plans of Government of Montenegro in

preparing a strategy to strengthen the system for the protection of EU’s financial interests and to

provide examples of lessons learned in the EU Member States (Malta, Romania, Estonia).

• 30.07.2014 – Brussels, Belgium – The Meeting of Advisory Committee for the Coordination

of Fraud Prevention (COCOLAF), Working Group "Reporting and Analysis of Fraudulent and Other

Irregularities”

The topics on the agenda were: reporting of the irregularities for the new Multiannual

Financial Framework 2014-2020, presentation of the new features of IMS modules, etc.

• 24-26.09.2014 – Sofia, Bulgaria – The AFCOS Seminar for enlargement countries

The event was focused on seven Candidate States (Macedonia, Albania, Serbia,

Montenegro, Turkey, Kosovo and Bosnia-Herzegovina). OLAF invited AFCOS from six Member

States: Romania together with Bulgaria, Croatia, Estonia, Italy and Portugal.

• 13-14.10.2014 – Rome, Italy – The Conference “Operational aspects of fighting against

fraud in the area of EU Structural Funds”

The event was organized by OLAF for dissemination of information and sharing experience in

operational and investigation techniques in fighting against fraud on Structural Funds. The Member

States’ representatives discussed about their own experience in prevention, detection and criminal

pursue of the frauds, with focus on main challenges met in investigative activity.

• 16.10.2014 – Brussels, Belgium – The first Meeting of the COCOLAF AFCOS Group

The main topics on the agenda, important for AFCOS Romania were: sharing best practice

with Member States regarding the cooperation between national authorities and OLAF in

prevention, detection and fight against frauds, cooperation between Croatian authorities and OLAF,

presentation of the Bulgarian National Strategy regarding the system for the protection of EU’s

financial interests, discussions and sharing experience regarding the role and responsibilities of

AFCOS, methodology of financial and judicial reporting in 2013 OLAF Report, information regarding


25



the Administrative Cooperation Agreement (ACA) between OLAF and the AFCOS from the Member

States, the state of play of the national anti-fraud strategies for the protection of EU’s financial

interests.

• 13.11.2014 – Brussels, Belgium – The Meeting of the COCOLAF Fraud Prevention Group in

agricultural sector, or the Structural and Investment Funds

During the meeting there were approved: the Guide for drawing up the national anti-fraud

strategy regarding the European Structural and Investments Funds, the Guide regarding the role of

the auditors from the Member States as regards the prevention and detection of frauds.

• 02.12.2014 – Brussels, Belgium – The Meeting of the COCOLAF Working Group "Reporting

and Analysis of Fraudulent and Other Irregularities”

The topics of the discussions were focused on: the Delegated and Implementing Acts on the

“Reporting of Irregularities for the Multiannual Financial Framework 2014-2020”, presentation of the

questionnaire regarding the implementation of art. 325 TFEU by the Member States in 2014; follow-

up to the 2013 European Commission’s PIF Report, IMS (Information Management System): IMS4

– the first conclusions, development IMS5, reporting module, presentation of MABmail and

AFISmail, etc.


26



Protection of EU’s financial interests in Romania

by operational measures

I) Directorate Control of DLAF, carries out, according to the law, the function of operative

control, for the purpose of identification of irregularities, frauds and other illegal activities which

affect the European Communities’ financial interests in Romania, as follows:

- carries out administrative investigations, on the spot checks, analysis and documentary

checks or coordinates control actions;

- carries out or coordinates control actions in order to detect irregularities, frauds and other

illegal activities related to the management, obtainment and usage of European as well as of the

related co-financing funds and of any other funds that fall within the scope of EU’s financial

interests, inclusively loans and guarantees granted by the European Investment Bank;

- carries out or coordinates control actions in order to detect irregularities, frauds and other

illegal activities affecting the European Union’s financial interests in Romania through the illegal

diminution of own resources.

Specifically, DLAF is an authority with particular responsibilities as laid down under Article 61

of Romanian Penal Procedure Code, in ascertaining fraudulent behaviour which affects EU’s

financial interests in Romania.

Upon the prosecutor’s request, DLAF may open an investigation regarding the observance of

the legal provisions related to the protection of EU’s financial interests.

� In the year 2014, DLAF carried out specific verifications in a number of 317 cases

(96 were in progress early in 2014, while 221 were opened during the year), of which 179 were

closed.


27



Chart 1

Number of cases in progress as compared to 2012, 2013 and 2014

� As for the 317 cases in progress in 2014, the source of notification may be

distributed as follows:

•••• Management Authorities: 160

•••• National Anticorruption Directorate: 114

•••• Natural persons and legal persons: 15

•••• Audit Authority attached to the Court of Accounts: 10

•••• European Anti-Fraud Office: 9

•••• Ex-officio: 8

•••• Prime Minister’s Control Body: 1

I) ANALYSIS OF THE CONTROL ACTIONS, IN PROGRESS, IN THE YEAR

2014


28



Chart 2

Source of notification items for the 317 cases in progress in 2014

� The 317 cases in progress in 2014 were mainly aimed at investigating EU funding

related both to the post-accession period and the pre-accession one, as it can be seen in

the chart below:

• Post-accession period: 305 cases (Structural Funds, Cohesion Funds, Agricultural

Funds sectors and EU Grants)

• Pre-accession period: 12 cases (PHARE: 5, SAPARD: 4, ISPA: 3)


29



Chart 3

Distribution of cases in progress in 2014, by pre - or post - accession period verified

Chart 4

Distribution of 305 in progress in 2014, by EU post - accession fund verified


30



Chart 5

Distribution of cases in progress by EU post-accession fund verified as compared

to 2012, 2013 and 2014

� Depending on the type of programme/area payment scheme, financed by post-

accession funds, the 305 cases in progress in 2014, are distributed as follows:

•••• NPRD: 80

•••• SAPS: 76

•••• SOPDHR: 47

•••• Youth in Action: 29

•••• SOPIEC: 28

•••• ROP: 21

•••• SOP Environment: 10

•••• SOP Transport: 5

•••• Operational Programme for Fisheries: 2

•••• OPDAC: 1

•••• Comenius:1

•••• Cross-border cooperation: 1

•••• PEAD: 1

•••• Other EU Grants: 3


31



Chart 6

Distribution of 305 cases in progress in 2014 by EU post-accession funding

programme/payment scheme verified

Chart 7

Distribution of cases in progress, compared to 2012, 2013 and 2014, by EU post - accession

funding programme/payment scheme verified


32



Chart 8

Distribution of 12 cases in progress in 2014 by EU pre-accession fund verified

Chart 9

Distribution of cases in progress compared to 2012, 2013 and 2014 by

EU pre-accession fund verified


33



Chart 10

Number of cases opened - compared to 2012, 2013 and 2014

� For the 221 control actions opened in 2014, the source of notification was the

following:

• Management Authorities: 119

• National Anticorruption Directorate: 71

• Natural persons and legal persons: 9

• European Anti-Fraud Office: 8

• Audit Authority attached to the Court of Accounts: 7

• Ex-officio: 6

• Prime Minister’s Control Body: 1

II) ANALYSIS OF THE CONTROL ACTIONS OPENED IN THE YEAR 2014


34



Chart 11

Distribution of the 221 cases opened in 2014 by source of notification

Chart 12

Distribution of cases opened in 2014 compared to 2012, 2013 and 2014 by source of

notification


35



� The 221 control actions, opened in 2014, had as object the verification of the manner

of obtainment and usage of funds both from the post-accession period and from the pre-

accession period, as follows:

• Post-accession period: 213 control actions (Structural Funds, Cohesion Funds,

Agricultural Funds sectors and EU Grants)

• Pre-accession period: 8 control actions (SAPARD: 4, PHARE: 4)

Chart 13

Distribution of the control actions opened in 2014

by EU funding period verified

Chart 14

Distribution of the 213 cases opened in 2014 by EU post-accession fund verified


36



Chart 15

Distribution of cases opened compared to 2012, 2013 and 2014 by

EU post-accession fund verified

� Depending on the type of programmes/payment scheme financed from post-

accession funds, the 213 control actions, opened in the year 2014, were distributed as follows:

• SAPS: 62

• NPRD: 49

• SOPDHR: 34

• Programme Youth in Action: 28

• ROP: 13

• SOP Environment: 9

• SOPIEC: 9

• SOP Transport: 2

• Operational Programme for Fisheries: 2

• OPDAC: 1

• PEAD: 1

• Comenius: 1

• Cross-Border Cooperation: 1

• Other EU Grant: 1


37



Chart 16

Distribution of the 213 cases opened in 2014 by EU post-accession funding

programme/payment scheme verified

Chart 17

Distribution of cases opened in 2014 compared to 2012, 2013 and 2014 by EU post-

accession funding programme/payment scheme verified


38



Chart 18

Distribution of the 8 cases opened in 2014 by EU pre-accession fund verified

Chart 19

Distribution of cases opened in 2014 compared to 2012, 2013 and 2014

by EU pre-accession fund verified


39



� Of the 317 control actions in progress in 2014, 179 verifications were finalized.

Chart 20

Number of control actions finalized – compared to 2012, 2013 and 2014

� In case of the 179 control actions finalized, the source of notification was as

follows:








III) ANALYSIS OF THE CONTROL ACTIONS, FINALIZED IN THE YEAR 2014


40



Chart 21

Source of notification for the 179 control actions finalized in 2014

� The 179 control actions finalized in the year 2014 had as object both programming

periods:

• Post-accession period: 172 (Structural Funds, Cohesion Funds, Agricultural Funds

sectors and EU Grants)

• Pre-accession period: 7 (PHARE: 3, SAPARD: 1, ISPA: 3)


41



Chart 22

Distribution of the control actions, finalized in 2014, by EU funding period verified

Chart 23

Distribution of the 172 cases finalized in 2014 by EU post-accession fund verified


42



Chart 24

Distribution of cases finalized in 2014 compared to 2012, 2013 and 2014

by EU post-accession fund verified

Chart 25

Type of programme/payment scheme, financed from EU post-accession funds, verified

within the 172 control actions finalized in the year 2014


43



Chart 26

Type of programme/payment scheme, financed from post-accession funds, verified within

the control actions finalized – compared to 2012, 2013 and 2014

Chart 27

Distribution of the 7 cases finalized in 2014 by EU pre-accession fund verified


44



Chart 28

Distribution of finalized cases compared to 2012, 2013 and 2014 by

EU pre-accession fund verified

Chart 29

Number of DLAF’s control actions finalized in 2010, 2011, 2012, 2013 and 2014


45



� Out of the 179 control actions finalized in the year 2014, 125 ascertained

suspicions of fraud which affect EU’s financial interests, 5 ascertained irregularities and in 49

cases the aspects notified were not confirmed.

Chart 30

Result of the verifications carried out within the control actions, finalized in the year 2014

Chart 31

Result of the verifications carried out in finalized control actions

- compared to 2012, 2013 and 2014 -


46



� In case of the 125 DLAF control actions, finalized in 2014, in which were ascertained

suspicions of frauds which affect EU’s financial interests, the source of the notification was the

following:


� PARDF/ AFRI: 21

� NACPEPT: 16

� PIAA: 12

� MA SOP DHR: 6

� MA SOP IEC: 5

� MA ROP: 4

� MA SOP Transport: 3







Chart 32

Source of notification for the 125 control actions finalized with suspicions of fraud


47



� Within the 125 DLAF control actions, finalized in 2014, the programming period verified

and affected by suspicions of fraud had the following percentage:

• Post-accession period: 119 control actions finalized with suspicions of fraud, as follows:

� EARDF: 37

� EAGF: 29

� EU Grant: 17

� ERDF: 16

� ESF: 14

� Cohesion Fund: 4

� European Fisheries Fund: 2

• Pre-accession period: 6 control actions finalized with suspicions of fraud of which :

� PHARE: 2

� SAPARD: 1

� ISPA: 3

Chart 33

Distribution of fraud cases finalized in 2014 by EU funding period


48



Chart 34

Distribution of the 119 fraud cases finalized in 2014 by EU post-accession fund verified

Chart 35

Distribution of the 119 fraud cases finalized in 2014 by EU programme/payment scheme

financed from post-accession funds


49



Chart 36

Distribution of fraud cases finalized compared to 2012, 2013 and 2014 by EU

programme/payment scheme financed from post-accession funds

� The value of the 179 projects which were subject to DLAF control actions,

finalized in 2014 was approximately EUR 320.590.000 and the value of the financial impact

estimated in the case of irregularities and possible frauds deterred was approximately EUR

53.390.000.

Chart 37

Value of the projects verified and of the financial impact

- compared to 2012, 2013 and 2014 -


50



� In 2014, the Fight Against Fraud Department transmitted to the management authorities

for EU funds and other national authorities a number of 99 control reports and 40 informing

letters, as follows:

•••• PARDF/ AFRI: 39

•••• PIAA: 29

•••• NACPEPT: 16

•••• MASOPDHR: 13

•••• MAROP: 8

•••• MASOPIEC: 7


•••• Ministry of Regional Development and Public Administration: 4

•••• SOP Transport: 3

•••• National Integrity Agency: 3

•••• Ministry of European Funds: 2

•••• MA Operational Programme Fisheries: 2

•••• MASOP Environment: 1

•••• Ministry of Transports: 1


•••• Natural and legal persons: 6

According to the legal provisions, in case of identifying suspicions of fraud or irregularities,

DLAF forwards the control report to the authorities with competences in managing European funds,

with a view to taking the measures to remedy the deficiencies signaled and, as the case may be, to

recover the ineligible expenses.

� In the year 2014 the judicial follow-up of DLAF activity resulted into forwarding: to

NAD a number of 156 Control Reports (of which 64 cases were initiated by NAD’s request) and 1

Control Report to the Prosecutor’s Office attached to the Bucharest Court of Appeal.

IV) ADMINISTRATIVE/JUDICIAL FOLLOW-UP OF DLAF CONTROL

ACTIONS, FINALIZED IN THE YEAR 2014


51



Chart 38

Judicial follow-up of DLAF control reports compared to 2012, 2013 and 2014

� In 2014, DLAF control reports were valued as means of evidence for the NAD

prosecutors to draw up a number of 12 indictments, by which a number of 52 defendants as

natural persons and 13 defendants as legal persons were sent for trial for committing criminal

offenses. From the total number of prosecutor’s charges, 4 were handled following DLAF’s

notification and in other 8 cases, DLAF carried out verifications at NAD’s request.

Chart 39

Number of NAD indictments/defendants following DLAF actions

- compared to 2012, 2013 and 2014 –


52



Chart 40

Number of DLAF control actions forwarded to NAD

and/or carried out by NAD’s request - compared to 2012, 2013 and 2014

� The value of the prejudice established by NAD in the criminal causes finalized

with indictments, in which DLAF’s control reports were transmited is RON 26.527.946,22 and

EUR 150.076,00.

II) In accordance with the provisions of art. 21 from the Regulation of organization and

functioning of DLAF, approved by GD no. 738/2011, Directorate Management of Information

fulfills the following attributions: receives notifications with regard to possible irregularities, frauds or

other illegal activities which affect EU’s financial interests, solves the requests of administrative

assistance, carries out preliminary verifications regarding the aspects notified, awards operational

support during the carrying out of controls, assures the reporting of irregularities to OLAF, collects,

analyzes and processes the data for the purpose of achieving the relevant analysis in the field of

the protection of EU’s financial interests.

� In the year 2014, Directorate Management of Information (DMI) carried out specific

activities in a number of 1173 files, consisting of petitions or specific requests solved in compliance


53



with the provisions of Law no. 544/2001 regarding the free access to information of public interest,

technical assistance requests from OLAF and other files received for competent solving, as follows:

� Number of notifications indicating specific verifications (except for petitions and requests of

information of public interest): 607, of which 139 are in progress and 468 were solved, as follows:

� archiving: 282

� redirecting to other institutions: 31

� proposals for opening controls: 155

� Number of petitions received for solving: 312, of which 6 are in progress and 306 were

solved, as follows:

� archiving: 86

� redirecting to other institutions: 220

� Number of requests solved with the observance of Law no. 544/2001 regarding the free

access to information of public interest, except for those formulated by mass-media: 6

� Number of requests for information and statistics situations by the national authorities: 172

� Number of requests for information and statistics situations of DLAF by the national

authorities: 76, of which 72 finalized and 4 in progress.

Chart 41

Number of files registered at Directorate Management of Information/year

- compared to 2012, 2013 and 2014 -


54



Chart 42

Distribution of category of files in progress for

Directorate Management of Information in 2014

Chart 43

Number of files finalized by DMI and indicating proposal to open cases – compared to 2013

and 2014


55



Chart 44

Number of files finalized up by Directorate Management of Information

- compared to 2012, 2013 and 2014 -


56



Cooperation

with the European Anti-Fraud Office

Romania has set up, by law, the cooperation with the European institution, thus

accomplishing the provisions laid down by Regulation (EC) no. 1073/1999 of the European

Parliament and of the Council of 25 May 1999 concerning investigations conducted by the

European Anti-Fraud Office (currently: Regulation (EU, Euratom) no. 883/2013 of the European

Parliament and of the Council of 11 September 2013 concerning investigations conducted by the

European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No. 1073/1999 of the European

Parliament and of the Council and Council Regulation (Euratom) No. 1074/1999).

According to the provisions laid down by art. 23 - 31 of the Regulation of organization and

functioning of Fight Against Fraud Department – DLAF, approved by GD no. 738/2011 regarding

the approval of the Regulation on the organization and functioning of the Department for Fight

against Fraud, DLAF co-operates with OLAF, as national Contact Point and National Coordinating

Service of Fight against Fraud (AFCOS ROMANIA).

1. Co-operation by administrative actions

1.1. DLAF participates in OLAF’s reunions: The Annual Meeting of the Heads of Anti-Fraud

Services from EU Member States, OLAF Anti-Fraud Communicators’ Network - OAFCN, the

Advisory Committee for the Coordination of Fraud Prevention – COCOLAF, as well as sub-groups

or other workshops as such.

1.2. DLAF, together with OLAF, carry out professional training programmes and sessions

related to the protection of EU’s financial interests.

2. Co-operation by operational measures

2.1 DLAF’s and OLAF’s representatives carry out joint on-the-spot controls in Romania,

provide operational support /technical assistance during the investigations.

2.2 DLAF can assist OLAF’s investigations abroad.

2.3 If OLAF forwards to DLAF information gathered during external investigations which

were not finalized by Final Case Report, as the case may be, the Department initiates its own

investigations.

2.4 If OLAF forwards to DLAF the Final Case Report, which indicates suspicions of fraud,

the Department notifies the prosecutor’s office in charge, based on OLAF’s report.

3. Co-operation by technical assistance


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3.1 OLAF notifies DLAF as regards potential irregularities, frauds or other activities which can

affect financial interests of the European Union.

3.2 DLAF places at OLAF’s disposal all relevant pieces of information and documents

regarding any suspicions of irregularities, frauds or other activities which can affect financial

interests of the European Union, economic operators and natural entities related to obtaining,

carrying out and use of European funds, financial programmes and projects, the follow-up of

DLAF’s cases or any other information requested according to the law.

3.3 By OLAF’s request, DLAF forwards all the data regarding the follow-up of investigations

developed in penal cases which indicate fraud suspicions against EU’s financial interests, and

places at OLAF’s disposal copies of indictments issued by prosecutor’s offices and of the decisions

issued by courts.

3.4 DLAF manages the requests of technical assistance addressed to OLAF by national

authorities and institutions.

3.5 DLAF provides OLAF with all the necessary pieces of information and clarifications as

regards the national law to be abided by in protecting the EU’s financial interests in Romania.

4. Co-operation in irregularity reporting

DLAF ensures, coordinates and monitors irregularity reporting process between the national

institutions and OLAF, providing with the necessary data and clarifications related to this matter and

also ensures the forwarding of the information received from OLAF to the entities involved in

irregularity reporting.

Such provisions are only a legislative answer of a member state to meet OLAF’s quality in

ensuring the co-operation between the Member States and the European Commission as regards

the protection of EU’s financial interests, as it is foreseen by art. 325 TFEU, and in developing

external administrative investigations to fight fraud, corruption and other illegal activities affecting

the European budget. In addition, Romania took into consideration the manner of follow-up of the

information or of Final Case Reports drawn up by OLAF, according to Regulation (EU, Euratom)

no. 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning

investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC)

No. 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom)

No. 1074/1999, so that these Final Case Reports could legally be worth with those handled by the

national legislation.

In 2014, in most of cases, DLAF – OLAF operational cooperation reffered to mutual

technical assistance on exchanging of data and information related to suspicions of irregularities or

frauds affecting EU financial interests in Romania, as well as to the follow up of DLAF investigation

cases or criminal cases, according to the law.


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In this respect, OLAF requested for technical assistance to DLAF in 61 cases and in 4

cases DLAF awarded operational support.

� Irregularity reporting to European Commission – OLAF

In 2014, as Contact Institution in Romania, DLAF collected and forwarded to OLAF a number

of 2546 irregularity reports afferent to irregularities (1113 initial reports and 1433 updating

reports), as follows:

� 1532 reports set up for irregularities spotted within financial instruments of

Common Agricultural Policy, in compliance with the provisions laid down by Regulation (EC) no.

1848/2006 of Commission concerning irregularities and the recovery of sums wrongly paid in

connection with the financing of the common agricultural policy and the organization of an

information system in this field and repealing Council Regulation (EEC) No 595/91, of which:

•••• 756 initial reports,

•••• 776 updating reports, of which 25 cancel irregularity cases initially sent (18) previous to the

year 2014 and (7) in the year 2014.

� 573 reports set up for irregularities detected within Structural Instruments, in

compliance with the provisions laid down by Regulation (EC) no. 1828/2006 of Commission setting

out rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general

provisions on the European Regional Development Fund, the European Social Fund and the

Cohesion Fund and of Regulation (EC) No 1080/2006 of the European Parliament and of the

Council on the European Regional Development Fund, of which:


•••• 293 updating reports, of which 7 cancel irregularity cases initially sent, previous to the year

2014 (6) and (1) in 2014.

� 29 reports set up for irregularities identified within the financing instrument of the

Common Policy in the field of Fisheries, in accordance with the provisions of Commission

Regulation (EC) No. 498/2007 of 26 March 2007 laying down detailed rules for the implementation

of Council Regulation (EC) No. 1198/2006 on the European Fisheries Fund, as modified by

Regulation (EU) no. 1249/2010 of the Commission, of which:


•••• 25 updating reports.

� 271 reports set up for irregularities identified within SAPARD Pre - Accession

Programme, in compliance with the provisions laid down by SAPARD Multi-annual Financing

Agreement, of which:



59



•••• 220 updating reports, of which 5 are reports which cancel irregularity (5) cases initially sent

previous to the year 2014.

� 108 reports set up for irregularities identified within PHARE Pre - Accession

Programme, according to the provisions laid down by PHARE Financial Memoranda, of which:


•••• 94 updating reports, of which 10 are reports which cancel irregularity cases initially sent

previous to the year 2014.

� 33 reports set up for irregularities detected within ISPA Pre - Accession

Programme, according to the provisions laid down by ISPA Financial Memoranda, of which:


•••• 25 updating reports.

Within PAI and Transition Facility no reports were transmitted during the year 2014.

Public communication and relations with mass - media

In accordance with the provisions of art. 7 from the Regulation for the organization and

functioning of the Fight Against Fraud Department – DLAF, approved by GD no. 738/2011

regarding the organization and functioning of the Fight Against Fraud Department, the Service

Relations with Mass-Media, Protocol and Registry is a structure directly subordianted to the

Head of DLAF, which ensures the efficient DLAF communication process with the national and

international entities with attributions in the field of the protection of EU’s financial interests in

Romania on the one hand and the representatives of the mass-media on the other hand.

Additionally, the Service Relations with Mass-Media, Protocol and Registry ensures the

representation of the Departament within OLAF’s Antifraud Communicators’ Network (OAFCN).

In 2014 DLAF participated to the Reunions of OLAF’s Antifraud Communicators’ Network and

contributed to the improvement of the communication process with the institutions involved in the

protection of EU’s financial interests in Romania, by the permanent exchange of information

regarding the European trends and the manners to approach the institutional communication –

important preventive means in the field of the fight against fraud.

� The access to information of public interest

In fulfilling the specific attributions foreseen by the Law no. 544/2001 regarding the free

access to information of public interest, modified and completed, approved by Government


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Decision no. 123/2002, the Service Relations with Mass-Media, Protocol and Registry ensured

the publication of a number of 71 communications and press releases with regard to: the cases

sent to trial or final convictions following DLAF’s verifications, the activities organized by DLAF or to

which DLAF’s representatives took part, the annual reunions of the Services for the coordination of

the fight against fraud (AFCOS), The Advisory Committee for the Coordination of Fraud Prevention

(COCOLAF), Antifraud Communicators’ Network OLAF (OAFCN) as well as aspects regarding the

National Anticorruption Strategy.

In addition, for a correct and complete informing of the public, the Department’s Web page

was improved, by creating new columns or sections, such as: short history of DLAF, DLAF

cases sent to trial and Final convictions in DLAF cases; Informative bulletin; the Ethics and

professional behaviour code of DLAF staff and the reconfiguration of the columns: Public

information – which currently contains new sections regarding: data about the

information/documentation point, manners of appeal foreseen by the Law 544/2001 and Press

centre – Declarations and interviews.

On the other hand, on the basis of the Law no. 544/2001 regarding the free access to

information of public interest, modified and completed, in the reference period, the Department

answered to all 14 requests addressed by phone or through electronic post, by the mass-media

representatives. Depending on the complexity of the request, the minimum answer time was 1

hour, respectively the maximum term of 5 days.

Chart 45

Answer time to the requests addressed by mass-media


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The requests of public information adressed by the mass-media representatives were

focused on interest topics such as: the control activity, possible irregularities/frauds within the

projects financed from the EU budget, institutional cooperation, internal and international events.

� Mass-media monitoring

The Service Relations with Mass-Media, Protocol and Registry is carrying out daily the

mass-media monitoring and transmits reports within the Department, depending on the specific

tasks of each department.

In 2014 were monitored a number of 121 references of the mass-media (written press, audio

visual, radio, on-line including blogs and discussion forums) to the Fight Against Fraud Department.

Following the monitoring activity, the Fight Against Fraud Department opened a number of 5

preliminiary verifications.

� Updating the Department’s Web page

The Service Relations with Mass-Media, Protocol and Registry permanently updated the

Department’s web page with information regarding: the institution’s budget and DLAF balance

sheet, the list of documents of public interest, the list of documents produced and/or managed by

the institution, normative acts, the organization of the exams/competitions at DLAF’s level, the

statements of assets, information with regard to the management of the institution, the European

legislation, the European Commission Report, OLAF’s Report 2014.

In order to facilitate the access to public data, the following categories of information were

published in open – data format: press releases, information regarding the implementation of the

National Anticorruption Strategy, financial documents, list of documents of public interest and that

of the documents produced and/or managed by DLAF, the history of DLAF, DLAF’s informative

bulletin afferent to the year 2014.

� Accessing the internet page www.antifrauda.gov.ro (source: Google Analytics)

In 2014, the public interest for DLAF’s acitivity materialized in a number of 39.817 acceses of

the Department’s internet page. Of these, 1.576 were from outside Romania.

In the reference period were registered 28.688 users, of which 70,53% accessed for the first

time the institution’s web page.

The medium duration spent in the accession session was 2 minutes and 50 seconds.


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Chart 46

Website accesses in the years 2013 and 2014

Chart 47

Website accesses from outside Romania, in the years 2013 and 2014


63



Chart 48

Most visites sections

DLAF’s administrative capacity

DLAF functions as institution with legal personality, with own internal structures and as

tertiary authorizing officer, being financed from the state budget, by General Secretariat of

Government.

� ECONOMIC – FINANCIAL RESOURCES

The Economic and Administrative Directorate within DLAF is authorized to efficiently

manage and use DLAF’s financial resources, organizes and deals with own management

accounting practice, organizes and carries out procurement procedures, administrates public and

private property goods endowed to the Department, organizes and checks annual and occasional

inventory of assets, according to the Law.

According to the situation at the end of 2014, DLAF budget was formed of funds from the

state budget, aimed to the functioning of the institution, amounts of 7.750.000 lei.


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Table 1

Components of DLAF budget in the year 2014

- RON -

PERSONNEL

EXPENSES

GOODS AND

SERVICES

EXPENSES

CAPITAL

EXPENSES TOTAL

INITIAL BUDGET 5.700.000,00 1.900.000,00 150.000,00 7.750.000,00

FINAL BUDGET 6.531.000,00 1.715.000,00 0,00 8.246.000,00

The situation of the credits opened, in the year 2014, for the amounts from the state budget,

was the following:

Table 2

Situation of credits opened by DLAF in the year 2014

- RON -

INDICATOR OPEN CREDITS EXPENDITURES SOLD ON

30.12.2014

PERSONNEL EXPENSES 6.438.285,00 6.427.006,57 11.278,43

GOODS AND SERVICES EXPENSES 1.579.574,00 1.551.057,84 28.516,16

CAPITAL EXPENSES 0,00 0,00 0,00

AMOUNTS USED IN PREVIOUS YEARS AND

RECOVERED LAST YEAR 14.869,00

TOTAL 8.017.859,00 7.978.064,41 54.663,59

DLAF’s budgetary execution, in the year 2014, for the amounts from the state budget, is the

following:

Table 3

Situation of DLAF’s budgetary execution in the year 2014

- RON -

INDICATOR CODE INDICATOR AMOUNT

TOTAL EXPENSES 50.00 7.978.064,41

CURRENT EXPENSES 1 7.978.064,41

PERSONNEL EXPENSES 10 6.427.006,57

SALARY EXPENSES IN MONEY 10.01 5.078.990,57

BASE SALARIES 10.01.01 4.944.794,00

OTHER BENEFITS 10.01.06 100.924,00

ALLOWANCES PAID TO PERSONS OUTSIDE THE UNIT 10.01.12 283

WORK - RELATED TRAVEL EXPENSES 10.01.13 12.860,57

OTHER SALARY RIGHTS IN MONEY 10.01.30 20.129,00

INCOME TAXES 10.03 1.348.016,00

SOCIAL INSURANCE 10.03.01 1.005.910,00

UNEMPLOYMENT 10.03.02 21.395,00

HEALTH CARE 10.03.03 263.098,00


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LABOUR SECURITY 10.03.04 6.486,00

LEAVES AND ALLOWANCES 10.03.06 51.127,00

SUPPLIES AND SERVICES 20 1.551.057,84

SUPPLIES AND SERVICES 20.01 1.425.760,29

OFFICE SUPPLIES 20.01.01 20.362,13

POSTAL, TELECOMS, RADIO, TV, INTERNET SERVICES 20.01.08 58.240,09

FUNCTIONAL MATERIALS AND SERVICES 20.01.09 1.336.330,97

OTHER MAINTENANCE AND FUNCTIONING SUPPLIES AND SERVICES 20.01.30 10.827,10

WORK TRAVEL AND TRANSFERRING 20.06 84.844,74

NATIONAL TRAVEL AND TRANSFERRING 20.06.01 71.825,50

TRAVEL ABROAD 20.06.02 13.019,24

BOOKS, PUBLICATIONS AND DOCUMENTARY MATERIALS 20.11 511,31

PROFESSIONAL TRAINING 20.13 9.195,00

LABOUR PROTECTION 20.14 5.940,00

OTHER EXPENSES 20.30 24.806,50

PROTOCOL AND REPRESENTATION 20.30.02 1.274,31

OTHER EXPENSES FOR SUPPLIES AND SERVICES 20.30.30 23.532,19

AMOUNTS USED IN PREVIOUS YEARS AND RECOVERED IN THE

CURRENT YEAR 85 14.869,00

Table 4

Situation of DLAF’s budget and budgetary execution in the year 2014

- RON -

INDICATOR PERSONNEL

EXPENSES

SUPPLY AND

SERVICES

EXPENSES

CAPITAL

EXPENSES

TOTAL

BUDGET INITIALLY

APPROVED 5.700.000,00 1.900.000,00 150.000,00 7.750.000,00

BUDGET FINALLY APPROVED 6.531.000,00 1.715.000,00 0 8.246.000,00

BUDGETARY EXECUTION 6.427.006,57 1.551.057,84 0 7.978.064,41

In the past two years, DLAF spent in a balanced manner the resources from the state budget,

as evidence being the fact that, under the chapter of expenses for goods and services, DLAF does

not record differences to the budgetary execution, falling under the same value limit.

Moreover, in the year 2014, DLAF did not make capital expenses and the amount approved

initially was redistributed to other chapters where the funds were necessary, during the budget

rectification process.

From an economic-administrative point of view, DLAF has carried out public procurements,

according to the programme approved.


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All procurement activities performed through the Public Acquisition Electronic System – SEAP

can be accessed at www.e-licitaţie.ro, in compliance with law provisions, providing with details

about initiation, carrying out and finalization of public acquisition procedures.

The contracts signed by the Department had as object supplies of goods and services

necessary for the good functioning of the Department, namely: rent and maintenance of premises,

transport of cars, maintenance and repairs of IT equipment, legislation subscription and other IT

programmes, labour protection etc.

� HUMAN RESOURCES

Directorate Management of Human Resources within DLAF functions in compliance with

the provisions laid down by art. 8 from the Regulation of organization and functioning of DLAF,

approved by GD no. 738/2011.

In 2014, the Directorate Management of Human Resources drew up and completed the

Ethics and Professional Behavior Code of DLAF Staff, organized the procedure for the

establishment of the Discipline Committee and Paritary Committee at the level of DLAF, drew up

personnel and service position records, formulated proposal for financing the positions of the

institution in relation to the volume of activity of its structures, formulated proposals of appointment,

promotion, delegation, transferring or ceasing of work relations for DLAF’s personnel, organized

competitions and professional testing for the occupation of the vacant and temporary vacant

positions and coordinated the activities related to the evaluation of the professional performances

and the organization of the promotion into professional degree of DLAF employees.

With a view to assuring DLAF activity, as an institution with legal personality, the Head of

DLAF issued a number of 76 administrative documents in the field of human resources

management, representing the appointment in positions, modification of work reports, delegation of

attributions, appointing the staff in various commissions established at DLAF etc.

In accordance with DLAF Anticorruption Plan, between 2 – 10 June 2014, in this institution 4

sociological inquires were made: sociological enquiry regarding the evaluation of the degree of

knowledge and observance of the norms regarding the conflicts of interests, sociological inquiry

regarding the regime of incompatibilities, regarding the declaration of assets at the level of DLAF

and the sociological enquiry regarding the degree of knowledge of the principles and behavior

norms, at the level of DLAF were transmitted periodically information reports regarding the activity

of ethics advising.

The Discipline Committee established within DLAF carried out its activity in two causes,

following two internal notifications.

During 2014 a number of 47 persons representing a percentage of 60% from DLAF staff

participated to various forms of professional training in domains specific to the public servants as:


67



communication and decisional transparency; management of external funds; management; of the

57 sessions of professional training to which participated civil servants from DLAF, only 4% were

financed from own budget.

From the point of view of human resources, DLAF holds a total of 131 positions, of which 117

represent public service positions, 13 contract – based jobs and also the Head of the Department, a

high official with the same rank of a Secretary of State. In 2014, a number of 86 positions were

financed.

At the end of 2014, DLAF’s employment records indicated 78 employees, of which 77 civil

servants with long- term high education degree (about 99% of personnel) and 1 civil servant with

short-term high education degree (approx. 1% of personnel). In terms of gender, 45 employees are

women (approx. 58%), while 33 are men (approx. 42%).

Generally, public servants represent 91% of personnel, the individual labour contracts attain

9%.

Table 5

Distribution of DLAF positions, occupied in the year 2014

TOTAL NUMBER OF DLAF POSITIONS

OCCUPIED OF WHICH:

TOTAL

78 MEN 33

WOMEN

45

LONG-TERM HIGH

EDUCATION

SHORT-TERM HIGH

EDUCATION

TOTAL NUMBER OF HIGH OFFICIAL

POSITIONS OCCUPIED 0 0 0 0 0

TOTAL NUMBER OF LEADING PUBLIC

SERVICE POSITIONS OCCUPIED 7 3 4 7 0

TOTAL NUMBER OF PUBLIC SERVICE

POSITIONS OF EXECUTION 64 28 36 63 1

TOTAL NUMBER OF CONTRACT-

BASED JOBS OF EXECUTION 7 2 5 7 0

Table 6

Distribution of budgeted/occupied positions at the level of each structure of DLAF,

in the year 2014

BUDGETED

POSITIONS

OCCUPIED

POSITIONS

TOTAL

POSITIONS

High official 1 1* 1

HOC 0 0 4

DLA 13 11 17

DC 38 33* 52

DMI 14 14 16

DMHR 7 6 16

DEA 9 9 16

CIPA 0 0 1

SRMMPR 4 4 8

*According to Prime Minister’s Decision no. 252/2013


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Chart 49

The distribution of budgeted/occupied positions at the level of each DLAF structure,

in the year 2014

REGULATION (EU, EURATOM) No 883/2013 OF THE EUROPEAN PARLIAMENT AND OF

THE COUNCIL

of 11 September 2013

concerning investigations conducted by the European Anti-Fraud Office (OLAF) and

repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council

and Council Regulation (Euratom) No 1074/1999

Article 3 Paragraph 4: Member States shall, for the purposes of this Regulation, designate a service

(‘the anti-fraud coordination service’) to facilitate effective cooperation and exchange of

information, including information of an operational nature, with the Office.

Law no. 61/2011 regarding the organization and functioning of Fight against Fraud

Department - DLAF

Article 2 Paragraph 1 and 2: The Fight against Fraud Department – DLAF ensures, supports and

coordinates, as the case may be, the fulfillment of Romania’s obligations with regard to the

protection of European Union financial interests and is the contact institution of the European Anti-

Fraud Office – OLAF within the European Commission.

Documents

FIGHT AGAINST FRAUD DEPARTMENT - Guvernul … · ISPA Instrument for Structural Policies for Pre-Accession MA Management Authority NACPEPT National Agency for Community Programs for