Intensive Workshop: Presentations | Discussion Rounds | Best Practice | Expert Guidance Fraud & Corruption in Public Procurement 20 – 21 October 2014| Berlin, Germany ∎ How to Define Fraud & Corruption in Public Procurement? Speakers: (among others) ∎ Indicators and Patterns to Detect Fraud & Corruption • Christopher BOVIS (chair) University of Hull ∎ Fraud & Corruption in the Bidding Phase • Hendrik Fehr, Former Director at the European Court of Auditors ∎ Collusion and Bid-rigging ∎ How to Handle Fraud & Corruption Cases • Grzegorz LANG Ministry of Economy, Poland ∎ Recovery & Litigation • José María MARÍN Transparency International e.V. ∎ Self-cleansing: How can Companies Recover Eligibility? • Tünde TÁTRAI Corvinus University of Budapest • Hans-Joachim PRIESS Freshfields Bruckhaus Deringer LLP, Berlin Overview : BACKGROUND The ultimate goal of public procurement is to spend public money in an efficient and proper manner to achieve best value for money. Given the economic significance of public procurement in the EU, fraud and corruption in this field dramatically harm the economy and public finances – both national and EU money. The violation of the public procurement rules remains one of the main sources of irregularities and fraud in projects co-financed by Structural Funds. In 2011, the violations of public procurement had a financial volume of more than 67 Mio EUR according to OLAF. Thus, it remains crucial for public officials in charge of public procurement for national and EU funded projects to well know the legal requirements and processes of the procurement cycle in order to avoid irregularities or fraud and corruption. : METHODOLOGY The intensive workshop will give participants a profound insight into the recent EU public procurement reforms and the new regulations for European Structural and Investment Funds (ESI Funds) in 2014-2020, which require public authorities to set up effective and risk-based measures to prevent fraud and corruption. Furthermore, specific methods to detect and effectively prevent fraud and corruption will be discussed. Following the approach from practitioners for practitioners, this forum provides an interactive exchange on the most crucial questions and challenges of Public Procurement law among experts. As the number of participants is limited, there will be sufficient room for in-depth discussion, expert guidance, case studies and your individual questions. : PARTICIPANTS Public Authorities on EU, national and regional level Courts of auditors on national and regional level Consultants and legal practioners NGOs National and international agencies in charge of regional development and economic cooperation Who should participate? Academic institutions Programme DAY 1 | 20 October 2014 Chair: Christopher BOVIS, Chair in Law and Professor of European Business Law, University of Hull 16:15-17:45 Session IV: Collusion and Bid-rigging in Public Procurement • How bidders collude to rig tenders for public contracts? Detection and prevention methods • Blacklist and exclusion from future tenders • Private actions for damages as a result of bid-rigging • The role of competition enforcement in public procurement 9:00-9:30 Registration & Welcome Coffee 9:30-9:45 Welcome Notes by Chair & Lexxion Publisher 9:45-11:15 Session I: Defining Fraud & Corruption in Public Procurement • Notions and Legal concepts • Indicators, patterns and the consequences of fraud and corruption in public procurement • Fighting fraud and corruption: Policy and Legal Objectives • Reforming public procurement for enhanced transparency Speakers: Hendrik FEHR, Former Director at the European Court of Auditors Tünde TÁTRAI, Corvinus University of Budapest 11:15-11:45 Coffee Break & Networking Speakers: 17:45-18:15 Question Time & Discussion DAY 2 | 21 October 2014 Chair: Christopher BOVIS, Chair in Law and Professor of European Business Law, University of Hull 9:30-11:00 Session I: Handling Fraud & Corruption Cases in Public Authorities • The Role of National Competition Authorities • Disciplinary measures • Recovery of unduly paid funds & Litigation 11:45-13:15 Session II: Detection of Fraud and Corruption in Public Procurement • The Role of institutions in dealing with fraud and corruption in public procurement • Detection and Prevention methods: Monitoring, whistle-blowing, forensic accountancy • Autoregulation: Use of transparency matrixes and corruption indices • Obligatory Fraud Self-Assessment Tool Speakers: Hendrik FEHR, Former Director at the European Court of Auditors José María MARÍN, Public Sector Integrity Programme Coordinator, Transparency International e.V. 13:15-14:15 Lunch Break Speaker: Desirée VAN LAERHOVEN, Legal Tender Expert, BIZOB, The Netherlands 11:00-11:30 Break & Networking How can Companies 11:30-13:00Coffee Session II: Self-cleansing: Recover Eligibility? • Breaches of compliance constituting fraud and bribery • The consequences of fraud and corruption for private enterprises • Self-cleansing Speakers: 14:15-15:45 Session III: Fraud and Corruption in the Bidding Phase of Public Procurement • Automatic exclusion from Selection & Qualification • Conduct of behavior of undertakings • Bribery & Canvassing • Conflict of interests and Collusion between contracting authorities and undertakings Christopher BOVIS, Chair in Law and Professor of European Business Law, University of Hull Hans-Joachim PRIESS, Partner, Freshfields Bruckhaus Deringer LLP, Berlin Hans-Joachim PRIESS, Partner, Freshfields Bruckhaus Deringer LLP, Berlin Christopher BOVIS, Chair in Law and Professor of European Business Law, University of Hull 13:00-13:30 Summary & Final Discussion 13:30 Lunch & End of Workshop Speakers: Tünde TÁTRAI, Corvinus University of Budapest Grzegorz LANG, Director, Economic Regulation Improvement Department, Ministry of Economy, Poland 15:45-16:15 Coffee Break & Networking Continuing Professional Development (CPD) This Workshop carries 14 hours SRA CPD credit (or in other national systems accordingly) Organisational Information & Registration Intensive Workshop: Fraud & Corruption in Public Procurement Please fax to Lexxion Publisher +49-30-81 45 06-22 or e-mail to [email protected] Venue: Logenhaus, Emser Strasse 12-13, 10719 Berlin, Germany Participation fee: Regular fee: 1450 € excl. VAT | Reduced fee for public authorities: 990 € excl. VAT 19% German VAT will be added. Special discount for EPPPL and/or EStIF-subscribers: 10 % on the participation fee! The participation fee includes the seminar material, coffee breaks and lunch. Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after 05.10.2014. Nomination of a substitute remains possible. A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. In this case the participation fee will be refunded. A requirement for reimbursement of travel and accommodation expenses as well as loss of working hours is not possible, unless such costs result from wantonly negligent or deliberate behaviour on the part of the organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms & Conditions on our website. Registration: Lexxion Verlagsgesellschaft mbH Güntzelstr. 63 10717 Berlin Contact Person: Juliana Veit | phone: +49 (0)30 8145 0627 | fax: +49-30-814506-22 | e-mail: [email protected] □ YES, I would like to participate for the regular fee of EUR 1.450,– (plus VAT) □ YES, I would like to participate for the reduced fee for public authorities 990,– (plus VAT). □ YES, I am EPPPL and/or EStIF-subscriber and receive a 10% discount on the participation fee. _________________________________________________________________________________________________________________________ Name and Institution _________________________________________________________________________________________________________________________ Department/ Position ________________________________________________________________________________________________________________________ Phone, Fax _________________________________________________________________________________________________________________________ Customer No. of EPPPL and/or EStIF-Subscription VAT Reg.-No. _________________________________________________________________________________________________________________________ Date, Signature