Early detection and exclusion system (EDES)
Author | European Anti-Fraud Office (European Commission) |
Pages | 44-45 |
44
30th Annual Report on the Protection of the European Union’s financial interests — Fight against fraud
7.Early detection and exclusion
system (EDES)
The Europea n Commission manages EDES. Si nce its inception in 2016, EDES ha s reached
maturity and has proven to be a strong tool for reinforcing the protection of the EU’s
financial interests against unreliable economic operators and fraudsters (penalties in-
clude exclusion from participation in obtaining EU funds). EDES covers a broad range of
sanction able practices. It is roo ted in the Financial Regu lation applicable to t he EU budget
revised in 2018 (herea er referred to as ‘FR’) (66) (Ar ticles 135 to 145).
In particular, EDES ensures:
the early detection of economic operators representing risks to the EU’s financial
interests;
the exclusion of u nreliable economic operator s from obtaining EU funds and /or the im-
position of a fina ncial penalty; and
in the most sever e cases, publishing on t he Commission’s website the infor mation relat-
ed to the exclus ion or/and to the financial pen alty (67).
EDES significantly improves the application of rules on administrative sanctions with
respect to fundamental rights of the economic operators concerned, independence and
transparency. EDES is also one of the well-established exclusion systems among those
provided by vario us international organisat ions and multilateral develo pment banks.
The peculiarity and strength of the EDES system is the power given to the European
Commission or other EU institutions and bodies (68) to act ‘in the absence of a final na-
tional judgm ent or, where applicable, a final administr ative decision’ (69). The imposition o f
sanction s can be based on establis hed ‘facts and findings ’ stemming from audits, ch ecks
or controls performed under the responsibility of the competent authorising officer (70),
investigations carried out by OLAF or non-final administration decisions of national au-
thorities or intern ational organisations.
The decision to impose a sanction on unreliable economic operators can only be made
aer obtaining a recommendation (71) from the centralised interinstit utional Panel which
establishes a preliminary classification in law in the absence of the final judgment or fi-
nal administrat ive decision (72). This Panel has no investigative powers. It is composed of
a standing high-level independent Chair (73), two permanent members representing the
() Reg ulation (EU, Eurat om) / of the Europ ean Parliament a nd of the Council of July on the
financial r ules applicab le to the general b udget of the Union , amending Regu lations (EU) No /,
(EU) No /, (EU ) No / , (EU) No /, (EU) N o / , (EU) No / , (EU)
No / , (EU) No / , and Decision No //E U and repealing R egulation (EU, E uratom) No
/ , OJ L of .. , p..
() http://ec.europa.eu/budget/edes/index_en.cfm
() For th eir respectiv e budget impleme ntation.
() Wor ding used across Ar ticle FR .
() Th e authorising ser vices can be tha t of EU institutio ns, agencies, offi ces and bodies.
() Fo r the situations r eferred to in Art icle ()(c) to ( h) of the Financial R egulation (i.e. g rave professional
misconduc t, fraud, serio us breaches of con tractual obli gations, irregu larities, shel l companies creat ion).
() Pane l referred to in Art icle of the Fina ncial Regulatio n.
() T he Chair has a sta nding high-leve l independent De puty.
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