Ministry of Finance :: Whistle Blowing of Irregularities Under EU Projects

Whistle Blowing of Irregularities Under EU Projects

The main task in managing the EU funds is the protection of the financial interests of the European Union through transparency of the procedures for management and control of the assistance. The submission of signals on IRREGULARITIES, SUSPECTED FRAUD, FRAUD, CORRUPTION, CONFLICT OF INTERESTS AND DOUBLE FUNDING in connection with the implementation of projects, programmes and investments funded by EU funds and instruments is a precondition for taking legal actions. The timely detection and reporting are among the measures to counteract fraud, corruption and conflict of interests, where the active civil position of every member of the society is greatly relied on.

In execution of Council of Ministers' Decree No 18 of 04.02.2003 on the Establishment of a Council Coordinating the Fight against the Infringements affecting the Financial Interests of the European Union (prom. SG issue No 13 of 11.02.2003) the Ministry of Finance has designated responsible irregularity officers and their substitutes in the National Fund Directorate and the Centralised Contracting and Public Procurement Directorate.

The National Fund Directorate performs the functions of Certifying Authority under the following programmes:

Operational Programme Good Governance 2014–2020;
Operational Programme Innovation and Competitiveness 2014–2020;
Operational Programme SME Initiative 2014–2020;
Operational Programme Regions in Growth 2014–2020;
Operational Programme Transport and Transport Infrastructure 2014–2020;
Operational Programme Environment 2014–2020;
Operational Programme Human Resources Development 2014–2020;
Operational Programme Science and Education for Smart Growth 2014–2020;
Operational programme for food and/or basic material assistance 2014-2020;
European Territorial Cooperation Programmes 2014–2020: Republic of Bulgaria – Republic of Serbia, Republic of Bulgaria – Republic of Turkey, Republic of Bulgaria – FYRoM;
Operational Programmes co-financed under the Structural and Cohesion Funds for the 2007-2013 programming period;
Bilateral programmes for cross-border cooperation on the external borders of the EU for the period 2007–2013: Republic of Bulgaria – FYRoM, Republic of Bulgaria – Republic of Serbia and Republic of Bulgaria – Republic of Turkey;

The National Fund Directorate performs the Accounting Body function under the following programmes:

Human Resources Development Programme 2021-2027;
Development of the regions Programme 2021-2027;
Competitiveness and Innovation in Enterprises Programme 2021-2027;
Environment Programme 2021-2027;
Transport Connectivity Programme 2021-2027;
Research, Innovation and Digitization for Smart Transformation 2021-2027;
Education Programme 2021-2027;
Food and/or basic material assistance Programme Food and/or basic material assistance;
Technical Assistance Programme 2021-2027;
The bilateral programs for cross-border cooperation on the external borders of the European Union for the 2021-2027 programming period: Interreg IV-A IPA Bulgaria – Serbia, Interreg IV-A IPA Bulgaria – North Macedonia and Interreg IV-A IPA Bulgaria – Turkey.

More information on the above programmes is available on the websites of the Managing Authorities responsible for those programmes. You can find additional information on the management of the Operational Programmes as well as the websites of the Managing Authorities on: http://www.eufunds.bg/

The National Fund Directorate performs the functions of national Coordination unit for the implementation of the Recovery and Resilience Plan, for carrying out checks and controls over the implementation of investments.

More information on the Recovery and Resilience Plan can be found at: https://www.nextgeneration.bg/#two, as well as on the websites of the institutions and organisations responsible for implementing the investments under the Plan, in accordance with Annex 1 to Article 3(1)(3) of Decree No 157 of the Council of Ministers of 7 July 2022 designating the authorities and bodies responsible for the implementation of the Recovery and Resilience Plan of the Republic of Bulgaria and their main functions (prom., SG, issue No 54 of 12.07.2022).

The Centralised Contracting and Public Procurement Directorate addresses any irregularities under the PHARE Programme Pre-accession Instrument, the Transition Facility and the Schengen Facility.

You may submit your signals to the following institutions:

Signals on irregularities under the above programmes may be submitted on the websites of the Managing Authorities of the programmes, institutions and organisations as per Annex 1 to Article 3(1)(3) of Decree No 157 of the Council of Ministers in connection with the implementation of the Recovery and Resilience Plan, as well as to the National Fund Directorate by means of filling in the special form HERE, or to e-mail .

Each person has the right to submit signals on irregularities, suspected fraud or fraud occurred in connection with the implementation of projects co-financed by European Union Funds, Instruments and Programmes. Any verbal or written signal may also be submitted anonymously.

According to the EU legislation, whistle-blowers of irregularities and fraud are subject to protection (Commission Communication (SEC/2004/0151) of 06.02.2004; Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305 of 26.11.2019). At national level, this protection is regulated by the Whistleblowers' Protection Act (SG issue No 11 of 2 February 2023).

The signals received are recorded in the document management system of the administration.

The signals are considered as per the responsibilities of the Directorates. Any signals on an irregularity, suspected fraud or fraud which is not related to the activity of these Directorates is forwarded to the relevant administrative structure, to whose activity it is related; the whistle-blower is informed thereof, in case his/ her address is indicated. Any signals on fraud, corruption, conflict of interests and double funding concerning an investment under the Recovery and Resilience Plan is forwarded to the Competent Authorities to carry out an investigation. The employees at the structures administering EU Funds, Instruments and Programmes must submit signals on irregularities to the Head of the structure and/or the competent internal unit in charge of examining the signals submitted at the respective institution.

In order to enable maximum quick response to the signals and taking of subsequent measures you are recommended to provide sufficiently detailed information about the facts you are aware of. As a minimum, the signals should provide a clear reference of the specific project/investment, the financing programme/investment, the administrative unit and a description of the irregularity.

In case of involvement or suspected involvement of any of the Heads of the above Directorates in the irregularity for which the signal is submitted, you may submit an signal on irregularities at the Registry Office of the Ministry of Finance or via e-mail signed by a universal e-signature directly to:

the Minister of Finance;
the line Deputy Minister at the Ministry of Finance;

or to:

the Director of the Protection of the Financial Interests of the European Union Directorate (AFCOS) to the Ministry of Interior;
the European Anti-Fraud Office (OLAF) to the European Commission.

Whistle-blowing of irregularities

Submit your signal on irregularities to:

The National FundDirectorate is responsible for addressing any irregularities referring to the activities of the Directorate itself.

Upon submission of the signal on irregularities the system generates a reference number and an access code. Keep this data if you want to follow-up the status of your signal later on.

Legislation

Legal acts regulating the procedures of addressing irregularities under Funds, Instruments and Programmes co-financed by the European Union;

Rules for the administration of signals under the Recovery and Resilience Plan:

Management and Control System of Bulgarian Recovery and Resilience Plan

National Fund Directorate's Policy on Fraud, Corruption, Conflict of Interests and Double Financing and the measures for reporting and correction of serious Irregularities in the Recovery and Resilience Plan and Control System on https://www.minfin.bg/bg/1573