Regulation 2021/785 - Union Anti-Fraud Programme - Main contents
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Regulation (EU) 2021/785 of the European Parliament and of the Council of 29 April 2021 establishing the Union Anti-Fraud Programme and repealing Regulation (EU) No 250/2014| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2021/785 |
| Original proposal | COM(2018)386  |
| CELEX number i | 32021R0785 |
| Document | 29-04-2021; Date of signature |
|---|---|
| Publication in Official Journal | 17-05-2021; OJ L 172 p. 110-122 |
| Signature | 29-04-2021 |
| Effect | 01-01-2021; Application See Art 19 17-05-2021; Entry into force Date pub. See Art 19 |
| Deadline | 31-12-2028; See Art 14.2 |
| End of validity | 31-12-9999 |
17.5.2021 |
EN |
Official Journal of the European Union |
L 172/110 |
REGULATION (EU) 2021/785 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2021
establishing the Union Anti-Fraud Programme and repealing Regulation (EU) No 250/2014
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33 and 325 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the Court of Auditors (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Article 325 of the Treaty on the Functioning of the European Union (TFEU) requires the Union and the Member States to counter fraud and any other illegal activities affecting the financial interests of the Union. The Union should support activities in those fields. |
(2) |
Support previously given for such activities through Decision No 804/2004/EC of the European Parliament and of the Council (3) (Hercule programme), amended and extended by Decision No 878/2007/EC of the European Parliament and of the Council (4) (Hercule II programme), repealed and replaced by Regulation (EU) No 250/2014 of the European Parliament and of the Council (5) (Hercule III programme), has made it possible to enhance the activities undertaken by the Union and the Member States in countering fraud, corruption and any other illegal activities affecting the financial interests of the Union. |
(3) |
Union legislation which sets out rules for the European Agricultural Guarantee Fund, the European Agricultural Fund for Rural Development, the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Maritime and Fisheries Fund, the Asylum, Migration and Integration Fund and the instrument for financial support for police cooperation, preventing and combating crime and crisis management, the Fund for European Aid to the Most Deprived, as well as for the pre-accession assistance regarding the programming period 2014-2020 and onwards, provides for an obligation on Member States, candidate countries and potential candidates to report irregularities and fraud affecting the financial interests of the Union. Irregularity Management System (IMS) is a secure electronic communications tool which facilitates the fulfilment of the obligation by Member States, as well as by candidate countries and potential candidates to report detected irregularities, and which also supports the management and analysis of irregularities. |
(4) |
While the importance of the work carried out by the Commission in the context of fraud prevention is indisputable, the importance, inter alia, of the implementation of the Anti-Fraud Information System (AFIS), as well as of anti-fraud strategies at the national level should also be fully recognised. |
(5) |
Council Regulation (EC) No 515/97 (6) and Council Decision 2009/917/JHA (7) provide that the Union is to support mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission, to ensure the correct application of the law on customs and agricultural matters. |
(6) |
That support is provided to a number of operational activities. These include the AFIS, an information technology platform which consists of a set of applications operated under a common information system managed by the Commission. IMS is also operated under the AFIS platform. The common information system requires stable and predictable financing over the years in order to ensure its sustainability. |
(7) |
The AFIS platform comprises several information systems, including the Customs Information System.... |
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