MANAGEMENT
ANTI-FRAUD MEASURES ADOPTED
The anti-fraud policy in the management of ERDF funds is founded on the Guidance on European Structural and Investment Funds 2014-2020 given by the European Commission, in particular on the reports issued on the subject matter and, most of all, on the European Commission guidance for the programming period 2014-2020, on Fraud Risk Assessment and Effective and Proportionate Anti-Fraud Measures (EGESIF_14-0021-00).
Following the proposals of the aforementioned EC guidance and considering the importance of preserving the reputation of and trust in public authorities when managing the ERDF, the City Council of Las Palmas de Gran Canaria aims to prepare adequate procedures and effective anti-fraud measures that are proportionate to the potential risks.
Institutional anti-fraud declaration and Code of ethical conduct
Institutional declaration against fraud and corruption in the framework of the Integrated Sustainable Urban Development Strategy (ISUDS) and Code of conduct and ethical principles of the Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Bodies, as the Intermediate Body of the ERDF Managing Authority.
Reporting of fraud or irregularities involving European funds
If you wish to report to the National Anti-Fraud Coordination Service any events that may constitute fraud or an irregularity regarding projects or operations financed with funds from the European Union, you may do so using the form provided by the General Intervention Board of the State Administration (IGAE):
Analysis of the submitted information
The National Anti-Fraud Coordination Service will analyse the information received to determine how it will be dealt with and conduct the necessary verifications and actions.
However, the information received shall not be processed if it is clearly unfounded or the information submitted is scarce, the description of the facts is too generic and unspecific, or the evidence provided is lacking, thus preventing the National Anti-Fraud Coordination Service from reasonably verifying the information received and from establishing at least how the facts reported should be treated, besides the remaining cases set out in Communication 1/2017 of 6 April.
Guarantee of confidentiality
Except when the informant expressly requests otherwise, the National Anti-Fraud Coordination Service will keep their identity completely confidential, i.e. it shall not be disclosed to anyone.
To this end, all National Anti-Fraud Coordination Service communications, verification actions or documentation requests will omit data relating to the identity of the person who sent the information, as well as any other data that could lead to their complete or partial identification.
Similarly, when the National Anti-Fraud Coordination Service needs to transfer the actions to other bodies for them to carry out the corresponding procedures, the provisions of the above paragraph shall apply to the documentation sent to those other bodies. It shall not apply in the case of courts or the Public Prosecutor’s Office and when the regulations governing legal proceedings require otherwise. In the latter case, the informant's identity will be communicated only to the persons or bodies to whom it is essential.
Finally, and as far as permitted by the regulations governing the procedure in question, the National Anti-Fraud Coordination Service will take the necessary steps before the body now in charge of the actions so that they may be carried out properly. Therefore, where appropriate, the communication between the said body and the person who has sent the information to the Service is performed through the Service itself to ensure the informant’s confidentiality.
No interested party status
Sending information through this communication channel does not confer on the informant an interested party status in the administrative actions arising from the information provided, nor does it give them the right to be informed of their results or lodge appeals or claims in connection with the results of the actions.
Questions
Before sending any information, you may write to the e-mail address consultasantifraude@igae.minhafp.es and ask the Service any questions you have regarding the form and requirements for the sending of the information, how it will be processed, and, in general, any aspect relating to the sending of information through this communication channel.
Fraud control
Article 125.4(c) of Regulation (EU) No 1303/2013 indicates the need to ‘put in place effective and proportionate anti-fraud measures taking into account the risks identified.’ The anti-fraud measures implemented in the City Council of Las Palmas de Gran Canaria will be aligned with those set out in the European Commission guidance for the programming period 2014-2020, on Fraud Risk Assessment and Effective and Proportionate Anti-Fraud Measures. It will also apply anti-fraud measures throughout the management process of the ISUD Strategy.
Guidance developed by the European Anti-Fraud Office (OLAF) will also be taken into account, in particular the following documents: ‘Detection of forged documents in the field of structural action’, ‘Identifying conflicts of interests in public procurement procedures for structural actions’ and the ‘Information note on fraud indicators for ERDF, ESF and CF’ (COCOF 09/003/00-EN 18.2.2009).
The City Council will also set up a team specialising in anti-fraud measures. This Committee will consist of three senior technicians appointed by the Mayor’s Office.
Anti-fraud measures and commitments of the City Council of Las Palmas de Gran Canaria as an Intermediate Organising Body (‘Organismo Intermedio Ligero’).
To prevent and detect fraud, the following tasks will be carried out:
- Ensuring an adequate internal control system is in place within its area of responsibility.
- Ensuring due diligence and implementation of precautionary measures in case of suspected fraud.
- Applying corrective actions, including administrative penalties, as appropriate.
- Regularly providing the Intermediate Management Body with information on the results of its fraud prevention measures.
- Raising awareness and, if necessary, providing continuous training for its own staff and the beneficiaries.
- Participating in the training sessions planned in the Network of Urban Initiatives (Red de Iniciativas Urbanas – RIU).
This way, the action strategy of the City Council of Las Palmas de Gran Canaria will be structured around the following four basic areas that make up the anti-fraud cycle, aiming to reduce fraud occurrence as far as possible:
- Prevention.
- Detection.
- Correction.
- Prosecution.
Prevention: The City Council of Las Palmas de Gran Canaria is firmly committed to acting against all types of fraudulent practices that jeopardise the achievement of the objectives defined in the ISUD Strategy. For this purpose, the City Council of Las Palmas de Gran Canaria has drawn up a Code of ethical conduct on this matter. It is to be disseminated among the staff involved in the management and implementation of the project. Said staff must state their adherence.
Detection: A key part of the anti-fraud strategy is a solid internal control system. Internal administrative and field control procedures must focus on the main fraud risk points and their potential milestones and markers. Additionally, the mere existence of such a control system will act as a fraud deterrent.
Correction and prosecution: The City Council of Las Palmas de Gran Canaria will establish anti-fraud measures and inform the competent bodies of suspected fraud cases detected as soon as possible. It will also notify the measures applied for their correction and prosecution.
The operations’ internal control processes will include fraud prevention and detection measures. Internal control systems will be reviewed in case of a suspected cause of fraud or proven fraud to see if they have been affected. If necessary, such internal control systems will be corrected.
