Decision 2008/969 - 2008/969/EC, Euratom: Commission Decision of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies - Main contents
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official title
2008/969/EC,Euratom: Commission Decision of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/969 |
| CELEX number i | 32008D0969 |
| Document | 16-12-2008 |
|---|---|
| Publication in Official Journal | 20-12-2008; OJ L 344, 20.12.2008,Special edition in Croatian: Chapter 01 Volume 004 |
| Effect | 16-12-2008; Entry into force Date of document 01-01-2009; Application See Art 26 |
| End of validity | 03-12-2014; Repealed by 32014D0792 |
20.12.2008 |
EN |
Official Journal of the European Union |
L 344/125 |
COMMISSION DECISION
of 16 December 2008
on the Early Warning System for the use of authorising officers of the Commission and the executive agencies
(2008/969/EC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1),
Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (2),
Whereas:
(1) |
The Commission, which is responsible for executing the general budget of the European Union and any other funds managed by the Communities with due regard to the principle of sound financial management, is under an obligation to counter fraud and any other illegal activities affecting the financial interests of the Communities. |
(2) |
The current Commission Decision on the Early Warning System (EWS) should be replaced by the present decision following the amendments of Articles 93 to 96 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (the Financial Regulation) and of the corresponding provisions of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation, and following the recommendations of the European Data Protection Supervisor (3). |
(3) |
Commission Regulation (EC, Euratom) No 1302/2008 of 17 December 2008 on the central exclusion database (4) establishes a database containing the relevant details of third parties who are in a situation of exclusion as regards grant and procurement procedures and gives the institutions, including those listed in Article 1(2) of the Financial Regulation, executive agencies, Community bodies covered by Article 185 of the Financial Regulation as well as authorities of the Member States and third countries, international organisations and other bodies participating in the implementation of the budget, access to this database. |
(4) |
The purpose of the EWS is to ensure, within the Commission and its executive agencies, the circulation of restricted information concerning third parties who could represent a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities. |
(5) |
Given that executive agencies have the status of authorising officers by delegation of the Commission for the implementation of operational appropriations, they should have access to the EWS in the same manner as Commission services for the management of the administrative and operational appropriations. |
(6) |
The European Anti-Fraud Office (OLAF) should have access to the EWS for pursuing its regulatory investigation tasks and its intelligence and fraud prevention activities exercised pursuant to Article 1(2) of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (5) and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (6). |
(7) |
The accounting officer should ensure the administration of the EWS. The authorising officer responsible, OLAF and the Internal Audit Service (IAS) should be responsible for requesting entry, modification or removal of warnings. In order to preserve an adequate... |
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