Police Cooperation Framework in the Fight Against Fraud

1. Police cooperation framework and institutions implementing the system in the fight against fraud Warsaw, 10 December 2015

2. Presentation plan

3. Cooperation during training 1. Konstancin-Jeziorna 2007 : • Cycle training of the Police and representatives of institutions involved in the implementation of the Integrated Operational Programme for Regional Development • Familiarizing the representatives of the Police in the regions with the management and control of the Integrated Operational Programme for Regional Development (including the risk of violations of the law) • Training of employees of institutions involved in the implementation of the Integrated Operational Programme for Regional Development with respect to practices concerning scams and fraud

4. Cooperation during training 2. Szczytno, July 2008: • The control system of the Structural Funds and the Cohesion Fundduringthe programming period 2007-13 • Detection and transmission of information on irregularities • The fight against crime to the detriment of the EU 3. Warsaw, March 2011 • Conference "Exchange of experience between employees of the Certifying Authority, Intermediate Bodies in Certification and Managing Authorities withother institutions involved in the implementation of the NSRF” • The role and tasks of the police in protecting the financial interests of the European Community

5. Cooperation during training 4. Olsztyn, May 2012 • Conference: "Control and irregularities in the spending of structural funds and the Cohesion Fund 2007-2013 • Cooperation of law enforcement units withcontrol units in the fight against crime to the detriment of the European Union 5. Poronin, September 2014 • Briefing of Heads of departments for fight against economic crime and Heads of corruption divisions of Regional Police Headquarters 6. Kraków, June 2015 • "Control and irregularities in the spending of structural funds and the Cohesion Fund 2007-2013" • Fight against crime to the detriment of European funds

6. Working Group - a framework for perspective 2014-2020 • On 7 November 2014, The Chairman of the Interministerial Team for Combating fraud against Poland or the EU established by Decision No 3/2014 a working group for prevention against fraud in the cohesion policy funds.

7. Working Group - a framework for perspective 2014-2020 National School of Judiciary and Public Prosecution - 2 representatives as experts

8. Purpose of the appointment of the Group • Objective 1: To work out the modalities for transmission of data concerning beneficiaries of EU funds between institutions managing these funds and other control and investigative institutions The realization of the objective: • organization of a working session (or more meetings) of representatives of the General Prosecutor's Office, the OCCP, the National Police HQ, the Central Anti-Corruption Bureau and national Managing Institutions and Coordinating Institution of Regional Operational Programmes on deteremining the scope of data required in the determination of fraud and capabilities and how they are communicated; • possibility of centralization of data on the beneficiaries audited by the Office of Public Procurement and the Managin Institution and their distribution by the Secretariat of the Group (risk of abuse).

9. Transmission of data Analysis of experience Requirements of the Managing Institution: • receiving information on the beneficiaries of the Operational Programme with respect of which prosecution proceedings are pending: • experience since December 2012: determining the quota of information, the General Prosecutor's request (prosecutors' answer in part discretionary), structuring of information depends on the informing entity (sometimes two general sentences, sometimes accurate data), updating information (discretionary) • the needs of the institution: determination of precise direction of the investigation, information on specific projects suspected of irregularities (or withholding certification), information updated (or the possibility of updating it by the specific Managin Institution until information about the Court's decision to accept for analysis, rejection or discontinuation of the prosecution), the need for knowledge of any case of corruption involving officials of the NSRF / UP • difficulties / obstacles: how to ensure a regular flow of standardized information about the entities implementing projects co-financed from EU funds, the issue of the moment in which the information can already be transferred (no formal legal obstacles), the question of the possibility of centralization of information from prosecutors.

10. Transmission of data Analysis of experience continuation Requirements of the Managing Institution: • receiving information about the beneficiaries of operational programmes detained on suspicion of committing a crime - publishing suspicions of abuse / corruption: • experience: arrests of the CAB, the Internal Security Agency, the Police and the immediate response of OLAF / EC; • the needs of the institution: Managing Institutions have a need for information in this respect on the day of arrest or the next day - this information should be wider than shown in the media, because it should include an indication of projects (or allow the identification of projects by managing institutions), which expenses may be incurred improperly as a result of criminal or corrupt practices; • difficulties / obstacles: the question of the mystery of the investigation, necessity of determining the possibility of decentralization of knowledge about the arrests carried out.

11. The principles of cooperation with investigative institutions Objective 2: To develop the principles of cooperation between the institutions of the system of implementation of EU funds and the investigation authorities investigating the case being informed by the authorities of the possibility of fraud An example of obtaining information by the police on suspicion of irregularities in the project: • the need to confirm the co-financing of the material scope of the project, in respect of which the information was obtained; • the need to determine the order of conducting checks or investigations; • a separate procedure in cases of suspected abuse and suspicion of corruption; • Police's access to a database of information - barriers to the Law on Police and the Regulation of the Minister of Internal Affairs; • limited information in the computer system and information published on pages of the Ministry of Infrastructure and Development - training in Poronin.

12. Consultation of documents with the Managing Institution Objective 3: To develop conditions for consultation between the managing authorities and the investigative authorities in the field implemented under operational programmes mechanisms to prevent fraud

13. Consultation of documents with the Managing Institution

14. Training and Conferences Objective 4: exchange of knowledge and experience in detecting and combating fraud in the framework of conferences, seminars and training courses organized for the target groups defined by the participants of the work group. Activities that go beyond the work of the Group, although thematically related: • on 4 February 2015, a conference was organized by DG REGIO in Warsaw, where representatives of the MI and other invited institutions had an opportunity to familiarize themselves with the expectations of the European Commission in implementing its obligations under art. 125 ( 4 c) of the General Regulation; • in the working group Fraud Prevention COCOLAF, CI reported a need to develop in-depth document National anti-fraud strategy in practice; • on 26 November 2014, in MID has been organized a training, which led workers of CAB, on the broad issue of corruption.

15. Calendar of the work of groups Meetings of the working group for the prevention of fraud in the funds of the cohesion policy: • 13.01.2015 - I plenary meeting (adopting a resolution 1/2015 on adopting the rules of operation of the Group and general presentation of the Group) • 19.02.2015 - second plenary meeting of the group: • Presentations of Group members (MA and MA OPIE POKL) in terms of experience with fraud under the OP; • presentation of the position of the Prosecutor's Office. the scope of cooperation with the MA regarding the exchange of information on entities concerned or operational activities; • discussion on creating information points ("contact officers") in the managing institutions (telephone, email) to facilitate the exchange of information between MA and law enforcement agencies on evasion / fraud

16. Calendar of the work of groups - continuation • 02.03.2015 - First working meeting - training OCCP in preventing collusion tender - attended by representatives of the MA of the ROP and MA • 11.03.2015 - second working meeting - a meeting with representatives of General Prosecutor on determining the extent of the data required in the determination of fraud and capabilities of their transfer - attended by representatives of the OP • 26.03.2015 - Third working meeting - CAB training in dealing with corruption risks - attended by representatives of the MA • 14.05.2015 - secretariat of the Group sent a list of "contact officers"in each MA to investigators and institutions of control (the General Prosecutor, the Ministry of Internal Affairs, CAB, the OCCP, the PPO KGP) - an example of cooperation within the RPKP.

17. Calendar of the work of groups - continuation • 18.05.2015 - Third plenary meeting: • integrity pacts as a tool to combat fraud in public procurement - a presentation delivered by a representative of the Stefan Batory Foundation; • the role of the future European Public Prosecutor to combat crimes affecting the financial interests of the Union - a presentation delivered by a representative of the General Prosecutor's Office.

18. The issue of fraud detection (control) • Insufficiency of control in the detection of fraud and corruption (deliberate) - no investigative tools in MA control processes • Tangent point of MA control and investigations / proceedings - 'primary administrative or judicial finding ": test results, decision to reject the grant application, decision to refuse reimbursement of expenses, refusal to settle expenses incurred as an advance, decision to terminate the contract for financing, decision to reduce funding, but also decision to initiate the procedure by law enforcement bodies • Suspected fraud determined during an inspection leads to the submission of the notification in the fulfillment of the obligation under art. 304 Code of the Criminal Procedure - and the competent authorities confirm or not the occurrence of deliberate actions, sanctioned by the Penal and Fiscal Code • The institutions shall make accounting adjustments (return, reduction of funding, entry in the register of excluded entities)

19. The issue of fraud detection (investigative authorities ) • Receipt of a civil notice • Conducting operations independent from the control of the MA, covered by investigation secrecy, lack of quick access to data on projects and beneficiaries - though such data are to some extent published • Neither investigative authorities or courts are obliged to inform about the proceedings, investigations and court proceedings conducted against those who are beneficiaries of EU funds (unless the institutions are party to the case) • MA are required to correct the expenses improperly incurred (including expenses incurred in violation of Community or national law), because the information about the proceedings is necessary for them • No adjustment of expenses improperly incurred in the 2014-2020 perspective may result in the statement by the EC system of a systemic error and application of net corrections

20. Thank you for your attention! The Ministry of Infrastructure and Developmentul. Wspólna 2/4 www.mir.gov.pl www.funduszeeuropejskie.gov.pl