MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 32 – Financial control Bilateral screening: Chapter 32 PRESENTATION OF MONTENEGRO Brussels, 19 June 2013 Chapter 32: Financial control Anti-fraud Coordination Service (AFCOS) Milica Popović Adviser Ministry of Finance [email protected] MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control Content: 1. Establishing AFCOS system in Montenegro 2. Institutional framework 2.1 Irregularity reporting system 2.2 AFCOS network 2.3 AFCOS office 3. Related legislation 4. Cooperation with OLAF 5. Future plans and activities MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 1. ESTABLISHING AFCOS SYSTEM IN MONTENGRO In October 2009 Government adopted Information on establishment of AFCOS system in Montenegro • Identification of possible irregularities in the national system in relation to the management of the EU funds, including pre-accession funds; • Definition, coordination and implementation of a comprehensive anti-fraud strategy at the national level; • Initiative for the legislative amendments and administrative framework in order to enable the effective protection of the EU financial interests, implying the establishment of joint coordination structures and mechanisms of other institutions involved in the protection of the EU financial interests; • Cooperation between national institutions (administrative, judicial bodies, investigation bodies) as well as cooperation and exchange of information between these authorities and OLAF, in cases of suspected fraud or irregularity directed to the EU funds. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 2. INSTITUTIONAL FRAMEWORK 2.1 Irregularity reporting system Authorities and institutions that manage and use the EU pre-accession assistance funds, and represent a system of reporting on irregularities • • • Framework Agreement between the Government of Montenegro and the Commission of the European Communities on the rules for co-operation concerning EC financial assistance to Montenegro in the framework of the implementation of the assistance under the Instrument for Pre-Accession Assistance (IPA) (OG MNE, International Agreements, no 01/08 from 10th January 2008) Decree on organisation of the decentralised management of Instrument for pre-accession EU assistance (OG MNE, No. 33/11 from 8th July 2011) Manuel of procedures MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 2. INSTITUTIONAL FRAMEWORK 2.2 AFCOS network Tax admin. Police admin. Custum admin. Ministry of Interior AFCOS NETWORK AFCOAFCOS AFmreža Admin. for anti-corruption initiative State audit institut. Supreme State prosecutor Public procurement admin. AFCOS OFFICE NAO NF MFAEI IRREGULARITIES REPORTING SYSTEM CFCU Project Implementation Units in line ministries involved in teh IPA programme MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 2. INSTITUTIONAL FRAMEWORK 2.3 AFCOS office • Independent office within the Ministry of Finance under the direct authority of the Minister • Job description given in Systematization Act of Minsitry of Finance • Coordinate the work of institutions in the AFCOS system performing legislative, administrative and operational activities in order to protect financial interests of the EU •Cooperation with OLAF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 3. RELATED LEGISLATION • • Law on state employees and civil servants (OG MNE No 39/11, 50/11 and 66/12) Law on preventing conflict of interests in exercising public functions (OG MNE No 01/09, 41/11 and 47/11) • • • Ethical codex for state employees and civil servants (OG MNE No 20/12) Labour Law (OG MNE No 49/08, 26/09, 88/09, 26/10, 59/11 and 66/12) Law on PIFC (OG MNE No 73/08, 20/11 and 30/12) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 4. COOPERATION WITH OLAF • January 2013- Workshop on irregularities in implementation of EU funds in Podgorica •April 2013- URT/IMS training in Brussels •June 2013- AFCOS conference in Ankara MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 5. FUTURE PLANS AND ACTIVITIES •Update Information on establishment of AFCOS system in Montenegro - August 2013 •Government decision -appointment of representatives of the institutions involved in AFCOS network – end of the 2013 • Application for Study visit (TAIEX) to the Croatia (AFCOS office) –July 2013 • Workshop in Podgorica within the Agreement on Cooperation between Ministry of Finance of Montenegro and Ministry of Finance of Croatia- second half of 2013 •Strategy -protection of financial interests of EU in 2014 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Thank you for your attention! QUESTIONS
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