“The Ministry of Labour and Social Economy's Anti-Fraud Measures Plan. Recovery and Resilience Facility Funds” includes the creation of an Anti-Fraud Communications Inbox that allows any interested person to alert or file the appropriate communication about possible suspicions of fraud, corruption, conflict of interest or double financing that affect the Funds of the European Union Next Generation-RRF managed by the Ministry of Labour and Social Economy or any of its dependent autonomous bodies.
Any person interested in revealing suspicious facts related to these issues, which are linked to the Recovery and Resilience Facility (RRF), may submit a formal communication through this Anti-Fraud Communications Inbox.
MITES will analyse the information received in order to determine the treatment to be given to it, carrying out the verifications and actions it deems necessary.
The definitions of Fraud, Corruption, Conflict of Interest and Double Financing are found in section 1.5 of the Plan of Anti-Fraud Measures of the Ministry of Labour and Social Economy and can be consulted at the following link.
In order to alert a possible case of fraud, corruption, conflict of interest and double funding involving the European Union's Next Generation-RRF funds managed by MITES, the use of the following form is recommended.
This is the ideal and most appropriate means if you want to submit a formal communication, as it is a secure channel for the admission of communications.
The fundamental aspects of this communication channel are contained in the Communication from the Ministry of Labour and Social Economy of 7 October 2022
An email is provided to ask questions about how to make formal communications through the MITES Anti-Fraud Inbox that are linked to the European Union's Next Generation-RRF Funds. The email address is: Antifraude.MRR@mites.gob.es
Content of the communication
The communication shall contain at least the following requirements:
- A description of the facts in the most specific and detailed way possible, identifying, whenever possible:
- the people who had participated in them;
- the businesses, calls, instruments or cases affected by the alleged irregularity or fraud;
- the specific or approximate date on which the events occurred;
- their relationship with the European Union's Next Generation-RRF Funds-, as well as the financial instrument affected;
- the body or entity that managed the aid;
- the bodies or entities to which, additionally and where appropriate, the information has been sent.
- Documentation or any element of proof that facilitates the verification of the reported facts and the performance of the corresponding actions in relation to them.
- Identification of the informant person sending the information and documentation (by means of their Tax ID number, name and surnames, as well as email address or, failing that, postal address).
All communications that do not comply with these three requirements may be disregarded.
Information received will not be acted upon if it is manifestly unfounded or if the paucity of the information submitted, the excessively generic and unspecific description of the facts or the lack of evidence provided does not allow MITES to carry out a reasonable verification of the information received and a minimum determination of the treatment to be given to the facts reported.
Once the communication has been received, MITES will proceed to analyse its content and verify its credibility, relying on the units that can collaborate in these tasks, in particular the General Inspectorate of Services.
Identification of the informant
The informant must voluntarily provide his or her identity when submitting their formal communication in order for it to be taken into account in accordance with Article 62.2 of the Law on Common Administrative Procedure for Public Administrations.
In the case of anonymous complaints, these may be investigated ex officio by the Administration in accordance with the provisions of Judgement no. 318/2013 of the Criminal Chamber of the SC of 11 April.
Unless the person communicating the information expressly requests otherwise, MITES will keep his or her identity confidential, so that it will not be disclosed to any person.
To this end, in all communications, verification actions or requests for documentation carried out by MITES, the data relating to the identity of the person who has sent the information, as well as any other data that could lead totally or partially to their identification, shall be omitted.
Finally, to encourage staff collaboration, reprisals against whistleblowers will be prevented, while swift and decisive responses will be provided to curb false or improper communications.
No interested party status
The sending of information through this channel of communication does not confer on the informant the status of interested party in the administrative actions that may derive from the information provided, nor does it grant him/her the right to be informed of the result thereof, nor does it grant him/her the right to lodge appeals or claims in relation to the results of said actions.
Alternative communications channel
Alternatively, it is worth noting the existence of an external channel to MITES to report alleged fraud, corruption, conflict of interest or double funding. This is the Official Communication Channel for information on fraud or irregularities that affect European funds of the National Anti-Fraud Coordination Service, which is aimed at third parties, NOT at administrations or public entities in charge of managing and controlling aid financed with European funds. It can be accessed through the following link.
An email address is provided for queries on how to make communications through this channel: email@example.com