Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-22-Speech-3-379"
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"en.20081022.23.3-379"2
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"− These issues are always very complicated and serious. The European Anti-Fraud Office (OLAF) is competent to investigate, where EU funds are involved, when there are sufficiently serious suspicions of fraud or irregularity having been committed against the financial interests of the European Union.
In cases where projects are co-funded by EU funds – such as is the situation with structural funds – the Member States and the Commission share the responsibilities in the management of these funds. In this regard, it is the Member States that are primarily responsible for distribution of the expenditure and the necessary controls. Moreover, resulting from such controls and investigations and the communication of possible cases of fraud or irregularity to OLAF, the honourable Member may be aware that there are regulatory arrangements in place under Regulation (EC) No 1681/94, which provides that the Member States shall report to the Commission, at the appropriate stage, the details of their investigation into such possible cases of fraud or irregularity. Moreover, whenever it is deemed appropriate, OLAF liaises closely with the competent national authorities on progress in such matters.
In the matters referred to by the honourable Member, the Commission has been informed by OLAF that it is aware of on-going cases in Germany and Greece but that, until now, OLAF’s direct assistance in matters involving Siemens in Germany and/or Greece in respect of structural funds has not been requested by the judicial authorities of either Member State. In addition, the Commission would refer to the reply already given to the honourable Member’s written question, which stipulated that, according to Article 3 of Regulation (Euratom, EC) No 2185/96, economic operators are not being controlled by both the Commission and Member States’ authorities at the same time and on the basis of the same facts, according to Community sector regulations or national legislation. Besides, the Commission may, at any moment, start an infringement procedure against the Member States, on the basis of Article 226 of the EC Treaty, if there are sufficient elements indicating an infringement of Community public procurement law. In respect of the particular matters referred to by the honourable Member, the Commission has no such elements that could justify the opening of an infringement procedure."@en1
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