ECA's Memorandums or Understanding and Working Arrangements with EPPO, OLAF, IAS

Corinne Katz-Duchowski made this Informationsfreiheit request to Der Europäische Rechnungshof

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Die Anfrage war erfolgreich.

Corinne Katz-Duchowski

Dear European Court of Auditors,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
all memorandums of understanding or working arrangements currently in place between ECA and the following EU bodies: EPPO, OLAF, IAS
along with explanations about the legal base and triggers of joint tasks (field work or investigations) with each of these 3 institutions.

Yours faithfully,
Corinne Katz-Duchowski

ECA-INFO, Der Europäische Rechnungshof

Dear Ms Katz-Duchowski,

 

Thank you for contacting the European Court of Auditors (ECA).

 

We acknowledge receipt of your message of 8 January 2023. Your request is
currently under treatment and we will provide you with a reply in due
course.

 

Kind regards

ECA-INFO team

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ECA-INFO, Der Europäische Rechnungshof

1 Attachment

Dear Ms Katz-Duchowski,

 

Thank you for contacting the European Court of Auditors (ECA).

 

Your request has been treated according to the rules on public access to
ECA documents, which are set out in [1]Decision No 12/2005 of the Court
of Auditors regarding public access to Court documents (as amended by ECA
Decision No 14/2009, consolidated version published in OJ C 67/1 of
20.03.2009) (altogether, "the Court's Decision"). Please note that
Regulation 1049/2001 regarding public access to European Parliament,
Council and Commission documents is not applicable to our institution.

 

We would like to inform you that the general legal framework for the
cooperation of ECA with OLAF is based on the [2]Treaty on the Functioning
of the European Union (TFEU), in particular Articles 86, 287, 325 and 339
TFEU, OLAF Regulation 883/2013 as amended by [3]Regulation 2020/2223, and
[4]Directive 2017/1371 on the fight against fraud to the Union's
financial interests by means of criminal law (PIF directive). Moreover,
[5]Decision 43-2017 on cooperation between the ECA and OLAF concerning
cases of suspected fraud identified by the ECA during its audit work or
provided to it as unsolicited denunciations from third parties, defines
the respective roles and procedures to be applied for such cases. The ECA
concluded an Administrative Arrangement with OLAF on 22 May 2019 (that you
may find here attached).

 

With regard to the cooperation with EPPO, on top of the above-mentioned
TFEU articles and the PIF directive, the relevant legal framework is
[6]Regulation 2017/1939 implementing enhanced cooperation on the
establishment of the European Public Prosecutor’s Office (‘the EPPO’) and
in particular to Articles, 99, 103, 110 thereof. Moreover, the ECA
concluded on 3 September 2021 a [7]Working Arrangement [8]with [9]EPPO
which aims, inter alia, to establish and maintain a cooperative
relationship between the ECA and the EPPO.

 

You may also find information on the procedures to be applied in such
cases in the dedicated webpage on [10]Fraud considerations in audit
available on the Accessible Web-based Audit Resource for ECA (AWARE),
which is the ECA's methodology and guidance platform.

 

With regard to the European Commission’s IAS, we would like to underline
that the ECA Internal audit service has complete independence in carrying
out its audits, even though the IAS presents every year its audit
programme to the ECA, and the ECA Internal audit service evaluates whether
the results of some of their audits could be taken into consideration,
thus avoiding overlapping. Further information is available on the AWARE
webpage on the [11]Internal audit function, on the [12]Budget and
accountability ECA webpage (see section on the Internal audit service, and
related links), and you may also consider consulting the [13]IAS webpage.

 

We would like to underline that the ECA’s mandate of auditing the EU’s
finances does not confer any investigation powers. In case of
investigations by OLAF or EPPO or of judicial proceedings, the ECA is
required to cooperate with those entities but cannot interfere in order to
avoid jeopardising the conduct of those proceedings and possibly their
outcome. Therefore, there are no “joint tasks”.

 

Kind regards

ECA-INFO team

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[15]https://www.eca.europa.eu/PublishingImag... ECA-INFO

Information Desk
12, rue Alcide De
Gasperi - L-1615
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[16]eca.europa.eu

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Please consider the environment before printing this email
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From: ECA-INFO <[ECA request email]>
Sent: Thursday 12 January 2023 09:51
To: Corinne Katz-Duchowski <[FOI #12396 email]>
Cc: ECA-INFO <[ECA request email]>
Subject: RE: access to documents request - ECA's Memorandums or
Understanding and Working Arrangements with EPPO, OLAF, IAS

 

Dear Ms Katz-Duchowski,

 

Thank you for contacting the European Court of Auditors (ECA).

 

We acknowledge receipt of your message of 8 January 2023. Your request is
currently under treatment and we will provide you with a reply in due
course.

 

Kind regards

ECA-INFO team

[19]https://www.eca.europa.eu/PublishingImag...

[20]https://www.eca.europa.eu/PublishingImag... ECA-INFO

Information Desk
12, rue Alcide De
Gasperi - L-1615
Luxembourg
[21]eca.europa.eu

  [22]https://www.eca.europa.eu/PublishingImag...
Please consider the environment before printing this email
[23]https://www.eca.europa.eu/PublishingImag...

 

 

 

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