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Document 32018D0195

    Commission Implementing Decision (EU, Euratom) 2018/195 of 8 February 2018 establishing forms for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources pursuant to Council Regulation (EU, Euratom) No 608/2014

    C/2018/0626

    IO L 36, 9.2.2018, p. 33–37 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/dec_impl/2018/195/oj

    9.2.2018   

    EN

    Official Journal of the European Union

    L 36/33


    COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2018/195

    of 8 February 2018

    establishing forms for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources pursuant to Council Regulation (EU, Euratom) No 608/2014

    THE EUROPEAN COMMISSION,

    Having regard to the Treaty on the Functioning of the European Union,

    Having regard to the Treaty establishing the European Atomic Energy Community,

    Having regard to Council Regulation (EU, Euratom) No 608/2014 of 26 May 2014 laying down implementing measures for the system of the own resources of the European Union (1), and in particular Articles 5(2) and 6(2) thereof,

    After consulting the Advisory Committee on Own Resources

    Whereas:

    (1)

    Commission Implementing Decision (EU, Euratom) 2016/2365 (2) lays down the arrangements for the transmission of information to the Commission by the Member States under the system of own resources.

    (2)

    Cases of fraud and irregularities should be reported in a structured manner and contain risk-related information. The same fraud and irregularity form is already being used to update previously reported cases. Therefore Annex II to Implementing Decision (EU, Euratom) 2016/2365 has become obsolete.

    (3)

    It is necessary to provide for transitional period to give Member States time to adapt to the changes introduced in the forms for reporting under Article 5(1) of Regulation (EU, Euratom) No 608/2014.

    (4)

    For reasons of clarity and legal certainty Implementing Decision (EU, Euratom) 2016/2365 should be repealed,

    HAS ADOPTED THIS DECISION:

    Article 1

    1.   Member States shall use the form set out in Annex I to this Decision to draw up the descriptions of cases of fraud and irregularities detected involving entitlements of over EUR 10 000 referred to in the first subparagraph of Article 5(1) of Regulation (EU, Euratom) No 608/2014. That form shall also be used to draw-up details of the position concerning cases of fraud and irregularities already reported to the Commission where recovery, cancellation or non-recovery has not been indicated earlier, referred to in the second subparagraph of Article 5(1) of Regulation (EU, Euratom) No 608/2014.

    2.   Member States shall transmit the information referred to in paragraph 1 electronically using the information technology application ‘OWNRES’.

    Article 2

    Member States shall use the form set out in Annex II to this Decision to draw up the report on inspections relating to traditional own resources referred to in Article 6(1) of Regulation (EU, Euratom) No 608/2014.

    The report for the financial year 2017 shall be drawn up using the form referred to in the first subparagraph.

    Article 3

    Member States shall use the form referred to in Article 1 as from 1 April 2018.

    Article 4

    Implementing Decision (EU, Euratom) 2016/2365 is repealed as from 1 April 2018.

    Article 5

    This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

    Done at Brussels, 8 February 2018.

    For the Commission

    The President

    Jean-Claude JUNCKER


    (1)   OJ L 168, 7.6.2014, p. 29.

    (2)  Commission Implementing Decision (EU, Euratom) 2016/2365 of 19 December 2016 establishing forms for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources pursuant to Council Regulation (EU, Euratom) No 608/2014 (OJ L 350, 22.12.2016, p. 24).


    ANNEX I

    Form for reporting fraud and irregularities under Article 5(1) of Regulation (EU, Euratom) No 608/2014

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    ANNEX II

    ANNUAL REPORT REFERRED TO IN ARTICLE 6(1) OF REGULATION (EU, Euratom) No 608/2014

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