{
  "url": "https://openlegislation.uk/eu-decision-2005-223/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2005-223/introduction.json",
  "legislation": "eudn/2005/223",
  "legislation_title": "Commission Decision of 25 February 2005 amending Decision 94/140/EC setting up an advisory committee for the coordination of fraud prevention (2005/223/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2005-223",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 25 February 2005\namending Decision 94/140/EC setting up an advisory committee for the coordination of fraud prevention\n(2005/223/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nWhereas:\n(1)\nBy Commission Decision 94/140/EC, the Commission set up an advisory committee for the coordination of fraud prevention (the committee) attached to it and responsible for advising it on any matter relating to the prevention and prosecution of fraud and irregularities and to cooperation between Member States or between Member States and the Commission to counter fraud.\n(2)\nSince the committee was set up, the Community provisions for the protection of the financial interests of the Community have been substantially developed and strengthened, in particular by new legislative measures and organisational changes in the Commission.\n(3)\nGeneral rules defining irregularities and laying down related measures and penalties in the field of the protection of the financial interests of the Community were adopted in Council Regulation (EC, Euratom) No 2988/95, and specific rules applicable to all areas of Community activity concerning on-the-spot administrative checks and inspections carried out by the Commission were adopted in Council Regulation (Euratom, EC) No 2185/96.\n(4)\nArticle 280, inserted in the EC Treaty by the Treaty of Amsterdam, provided a new institutional framework for the fight against fraud; it provides in particular for powers to be shared between the Community and the Member States and for close and regular cooperation between the competent authorities of the Member States and the Commission for the protection of the financial interests of the Community.\n(5)\nCommission Decision 1999/352/EC, ECSC, Euratom, established the European Anti-Fraud Office (OLAF) as the service responsible for administrative anti-fraud investigations, extending to all the activities linked with the protection of Community interests from irregular acts likely to lead to administrative or criminal proceedings.\n(6)\nRegulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 determined the legal framework for OLAF’s activities, making it responsible in particular for ensuring cooperation between the competent authorities of the Member States and the Commission for the coordination of action to protect the financial interests of the Community against fraud.\n(7)\nIn the field of protecting the euro against counterfeiting, the Commission has been given specific responsibility for ensuring the overall protection of the single currency by means of consultations within an advisory committee under Council Regulation (EC) No 1338/2001 in the context of close and regular cooperation between the national authorities and the Commission itself. Council Decision 2001/923/EC gave the Commission responsibility for managing and implementing a Community exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) in cooperation with the Member States.\n(8)\nGiven these new dimensions in Community legislation and the committee’s horizontal function, the committee’s advisory powers should be adapted, as should the representation on it of the Member States, whose representatives must be able to be assisted by the competent national authorities. In the interests of flexibility there should also be provision for the possibility of setting up sectoral working parties.\n(9)\nDecision 94/140/EC must be amended accordingly,\nHAS DECIDED AS FOLLOWS:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 61, 4.3.1994, p. 27."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 312, 23.12.1995, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 292, 15.11.1996, p. 2."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 136, 31.5.1999, p. 20."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 136, 31.5.1999, p. 1."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 136, 31.5.1999, p. 8."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 181, 4.7.2001, p. 6."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "OJ L 339, 21.12.2001, p. 50."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2005/223/introduction",
    "retrieved_at": "2026-11-01T15:17:58.228442+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}