The State Investigation Agency (AEI), since its creation by Royal Decree 1067/2015, of November 27, has maintained a firm commitment against fraud that implies zero tolerance for it. This commitment has materialized in the implementation of various proportionate measures aimed at the prevention, detection, correction and prosecution of fraud in the management and execution of R+D+I aid.
Through this Anti-Fraud Measures Plan, the AEI reinforces its anti-fraud measures through a proactive, structured and specific approach to ensure that the funds it manages have been used in accordance with the applicable regulations, in particular, in regarding the prevention, detection and correction of fraud, corruption and conflict of interest.
It is everyone's responsibility to identify any practice that deviates from ethical behavior in the use of public funds. For this reason, any person who wants to notify a fact, circumstance or any type of questionable behavior that may be considered a breach of the rules (irregularity) or a deliberate act of fraud, can do so through the mailbox provided by the National Coordination Service Anti-Fraud, which is available below:
Reporting irregularities or fraud will not be detrimental to the reporting person. You can send your comments or queries to the following email: email@example.com
The definition of fraud is included in article 3.1 of Directive (EU) 2017/1371, on the fight against fraud affecting the financial interests of the European Union. In terms of expenses, fraud is defined as any "intentional action or omission, relating to:
- To the use or presentation of false, inaccurate or incomplete declarations or documents, which have the effect of improperly collecting or withholding funds from the general budget of the European Communities or from budgets administered by the European Communities or on their behalf. .
- Failure to comply with an express obligation to communicate information, which has the same effect.
- The diversion of those same funds for other purposes than those for which they were originally granted".
Article 61 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, of July 18, 2018, on the financial rules applicable to the general budget of the Union (Financial Regulation) establishes that there is a conflict of interest "when the financial agents and other persons who participate in the execution of the budget both directly, indirectly and shared, as well as in management, including preparatory acts, auditing or control, see the impartial and objective exercise of their functions compromised for reasons family, affective, of political or national affinity, of economic interest or for any other direct or indirect reason of personal interest”.
The European Commission defines corruption as the abuse of power of a public position to obtain private benefits. Corrupted payments facilitate many other types of fraud, such as false billing, phantom charges, or breach of contract terms. The most common form of corruption is corrupt payments or benefits of a similar nature: a recipient (passive corruption) accepts a bribe from a donor (active corruption) in exchange for a favour.
Treaty on the Functioning of the EU (TFEU). Articles 310.6, 325 and 317, require the EU and the Member States to fight against fraud and any illegal activity that affects the financial interests of the EU. In turn, it is established that the principle of sound financial management will be applied in the execution of the EU budget by the Member States in collaboration with the Commission.
Financial Regulation 966/2012 of the European Parliament and of the Council, of October 25, 2012, financial rules applicable to the general budget of the Union. Articles 30, 33 and 59.2
Regulation (CE, Euratom) nº 2988/1995, of December 18, 1995, defines what is meant by irregularity and offers common provisions for the administrative measures and sanctions that must be applied.
Regulation (EC, Euratom) No. 2185/1996, of November 11, 1996, deals with on-site controls and verifications carried out by the Commission in the Member States. It provides for cooperation and coordination between the Commission and the Member States.
The Convention on the protection of the financial interests of the European Communities, of July 26, 1995 ("PIF Convention"), offers a definition of fraud and irregularity.
Regulation (EU) No. 1303/2013, of December 17, 2013, establishes common provisions for the ESI Funds for the 2014-2020 programming period. Article 125(4)(c) clarifies the obligation for managing authorities to put in place effective and proportionate anti-fraud measures taking into account the risks identified, taking the necessary measures to effectively prevent, detect and sanction fraud. fraud and irregularities and reimburse irregular amounts to the EU budget. Article 72 h) establishes that the management and control systems must (...) provide what is necessary to prevent, detect and correct irregularities, including fraud, and recover the amounts unduly paid plus default interest.
Regulation (EU) 2021/241 of the European Parliament and of the Council, of February 12, 2021, establishing the Recovery and Resilience Mechanism.
National legislation regulates the application of administrative sanctions and also establishes possible criminal proceedings and sanctions that may be imposed. The criminal code. Title XIV, article 306 deals with fraud in the general budgets of the European Union.
The State Investigation Agency wants to record that any citizen of the European Union can inform the European Anti-Fraud Office (OLAF) of suspected fraud that affects the financial interests of the EU, and that they can contact this entity in all the official languages of the Union.
OLAF's contact details can be found on its website: