Internal regulations for the protection of persons who signal against corruption, conflict of interests and irregularities on operational European Union programs

I AFFIRM:

GEORGI TERZIYSKI
ACTING CHAIR OF
THE ROAD INFRASTRUCTURE AGENCY

INTERNAL REGULATIONS
FOR THE PROTECTION OF PERSONS WHO SINGAL AGAINST CORRUPTION,
CONFLICT OF INTERESTS AND IRREGULARITIES ON OPERATIONAL
EUROPEAN UNION PROGRAMS AT THE ROAD INFRASTRUCTURE AGENCY

CHAPTER ONE
GENERAL PROVISIONS

Art. 1(1) The rules are applied for protection of the persons who have submitted a signal for corruption or for conflict of interests in implementation of § 2, para 1 of the additional provisions of the Counter-Corruption and Unlawfully Acquired Assets Forfeiture Act / CUAFA / and Art. 7 of the Ordinance for determining the procedures for administration of irregularities under funds, instruments and programs co-financed by the EU / ODPAIFIPCEU /, respectively Art. 15 of the Internal Rules for Implementation of ODPAIFIPCEU and the Ordinance on Administration of Irregularities under the European Structural and Investment Funds / OAIESIF / for which persons appointing authority is the Acting Chair of the Management Board of the Road Infrastructure Agency / RIA /.

(2) Obliged persons under the rules are all employees of RIA, directly or indirectly involved in the receipt, registration and movement of signals under Art. 47, in connection with § 2, para 5 of the Additional Provisions of CUAFA, Art. 7 of ODPAIFIPCEU and OAIESIF. They perform their official duties in compliance with the provisions of Art. 7 of these Internal Rules.

Art. 2.(1) Any violation of these Internal Rules shall be grounds for seeking disciplinary liability, in accordance with and by the order of the Labor Code and the Civil Servants Act.

(2) For violation of the obligations under art. 49, para 1 of the guilty official, a fine under art. 176 of CUAFA shall be imposed, if the committed does not constitute a crime.

CHAPTER TWO
OBJECTIVES, PRINCIPLES AND SCOPE

Art. 3(1) The current rules aim at protecting the whistleblowers, conflict of interest, abuse of office and trafficking in influence by creating a regulation and taking concrete measures in the activities of the RIA.

(2) They have been developed, approved and implemented in compliance with the principles of transparency, integrity, openness and intolerance to manifestations of corruption, abuse of office, trade in influence and conflict of interest, poor management of public property or other illegal acts or inactions of persons under § 2, para 1 in RIA, which affect the public interest, European Structural and Investment Funds, rights or legitimate interests of other persons.

Art. 4 The protection established in these rules, shall also be enjoyed by the officials of RIA who have signaled under Art. 47 of CUAFA for the existence of the circumstances referred to in art. 3 and art. 4 of Section I “Registration of whistleblowing” of OAIESIF and Chapter Two of ODPAIFIPCEU.

Art. 5 A person who has submitted a signal containing allegations about the existence of the circumstances under art. 3, para 1 of these rules and art. 4 of OAIESIF and Art. 7 of I- ODPAIFIPCEU, cannot be prosecuted for this alone.

Art. 6 Actions for protection of the persons, who have submitted a signal, containing allegations of corruption, conflict of interests, abuse of official position, trade in influence, poor management of state property, European programs / European financial resources or for other illegal actions or inactions of persons in employment, service or other legal relationship / Decree of Council of Ministers 66, contracts under the Obligations and Contracts Act / CPA / with RIA are undertaken from the moment of submitting the respective signal to the administration of the agency and continue until the need for this is eliminated.

Art. 7. Obligations to take specific actions shall be exercised by employees in the Agency whose official duties directly or indirectly allow them access to the information referred to in Article 49, para 1, items 1-3 of the CUAFA and the employees designated for the administration of irregularities in the Risk Analysis and Operational Control Directorate of RIA.

Art. 8 In the performance of his official duties related to the receipt, registration, movement, as well as in respect of all documents concerning signals falling within the scope of Art. 3 of these rules, the obligated employees observe the principles and rules of conduct regulated in the Code of Conduct for the employee in RIA and the rights / obligations reflected in their job descriptions.

Art.9. According to the reporting entity, the same are divided into:

• Internal-administrative – for corruption and conflict of interest – when an employee or employees of the agency submit signals concerning the activities of other employees;
• External-administrative – for corruption and conflict of interest – when citizens and organizations submit the relevant signals.

Art. 10. According to the availability of data allowing identification of the whistleblower, the signals are divided into:

• anonymous – when the person submits the signal in a way that does not allow the administrative body to make contact with him;
• signals in which the person submits the signal in a way that allows the administrative body to contact him.

Art. 11(1) The anonymous signals and statements under art. 47 of CUAFA are not considered and are not sent by competence.

(2) The submitted under art. 4 of OAIESIF and art. 5 of ODPAIFIPCEU irregularity signals, including from an anonymous source, should contain at least a clear reference to the specific project, funding program, administrative unit and description of the irregularity.

CHAPTER THREE

MAIN OBLIGATIONS FOR RECEIPT, REGISTRATION PROCEDURE, KEEPING THE REGISTER AND MOVEMENT OF SIGNALS

Art. 12. (1) The signals are submitted:

1. On site in the office of RIA;
2. By mail: 1606 Sofia, 3 Makedonia Blvd.;
3. By phone / fax: 0700 108 76, 0800 130 10;
4. By special e-mail: signali.api@bg, signali.пerednosti@api.bg, press@toll.bg, announced on the RIA website.

(2) Alerts are accepted only by employees designated by order of the Acting Chair of the Management Board of RIA or with assigned duties in the job descriptions, and they have the right to register in the agency’s filing system received under art. 12, para 1 of CUAFA, ODPAIFIPCEU and OAIESIF.

(3) The received signal shall be reported in writing to the Acting Chair of the Management Board of RIA. It qualifies as a signal under art. 47, para 1 of CUAFA, art. 4 of OAIESIF or under Chapter Two of ODPAIFIPCEU in case it contains allegations of corruption, conflict of interest, abuse of office, influence peddling, mismanagement of municipal property or for other unlawful acts or inactions of persons referred to in §2, para 1, affecting the public interests, rights or legitimate interests of others, when one or more of the following expressions are used in the same: “corruption”, “conflict of interest”, “bribery”, “cash benefit”, “giving / receiving money and / or other benefit”, “private interest”, “unlawful acts of an official”, “abuse of office” or the damage to the EU budget in the terms of EU Regulation No. 1303/2013 or EU Regulation No. 1316/2013 etc.

(4) The signals shall be registered in “Signals” registers with basic requisites:

1. Date of receipt / description of the signal;
2. Registration number;
3. The addressee of the signal;
4. List of the appendices to the scanned documents (if any);
5. Ref. Number and date of the final document.

(5) Upon submission of oral signals, the same shall be documented by the employee who has accepted the information and shall be proceeded according to the above-described order.

Art. 13. (1) After registration of the signal, it shall be provided to the chairman of the commission under §2, para 5 of the Additional Regulations of CUAFA or, if the content refers to EU operational programs with RIA beneficiary, and it shall be provided to the employees for irregularities in the RAOC Directorate.

(2) The right of access to the registered in the filing system, as well as to the paper carrier of signals and files on them, containing allegations and data on the circumstances under art. 7 have the following entities: the Acting Chair of the Management Board of the RIA, the Secretary General of the RIA, the Chairman and the members of the Committee under §2, para 5 of the Additional Regulations of the CUAFA, the persons designated by a job description to administer irregularities in the Risk Assessment and Operational Control Directorate /RAOCD/.

(3) The alerts and their files shall be kept until the completion of the relevant procedures by the Chairman of the Commission designated in accordance with the CUAFA by the Irregularities Officers in the RAOCD Directorate, if the alert contains information on the EU OP in compliance with the conditions laid down under the Management of Resources from the European Structural and Investment Funds Act , and the files shall be archived in records.

Art.14. The employee against whom a report has been filed under CUAFA, ODPAIFIPCEU and OAIESIF has the right to receive on paper and / or electronic media the signal and all collected evidence in the file in cases where he requires explanations or a hearing, deleting all data on the identity of the whistleblower, as well as other data from which a conclusion can be drawn about this identity.

Art.15. Information and data from the registers are provided to other bodies, organizations and third parties, when this is provided by law and / or after assessment and explicit order of the Chairman of the Board of RIA.

CHAPTER FOUR

METHODS AND MECHANISMS FOR PROTECTION OF WHISTLEBLOWERS

Art. 16 The protection of the persons, who have submitted signals under art. 3, para 1, shall be carried out, by the following methods:

• non-disclosure of the identity of the person who submitted the respective signal;
• non-disclosure of data about the person who submitted the signal, which became known in the course of the performance of official duties in the implementation of the specified activities;
• non-disclosure of the circumstances and allegations set out in the signal;
• non-disclosure of personal data and circumstances specified in the signal, but concerning persons other than its sender;
• protection of all written documents provided or prepared during and / or on the occasion of the movement of the signal, as well as non-disclosure of the information contained therein.

Art.17. The mechanisms for the protection of the persons who submitted signals during the receipt, registration and movement of the signals are:

• creation of special order and conditions for the submission and registration of the signals, containing the circumstances under art. 4;
• limiting the circle of persons having access to the signal and information received under these rules;
• timely implementation of the established specific actions for reception, registration and movement of signals by employees;
• exercising control for strict observance of the official duties under the previous points by the direct supervisors of the respective employees;
• protection of system and application software on the computer network of RIA, through a system of measures in terms of achieving cybersecurity – limiting only to user rights over the personal computers and their strictly defined network resources, through individual access with personal password and username, etc.

(2) The information gathered during the examination of the signal may not be disclosed, except in the cases provided by law.

CHAPTER FIVE
CONTROL, RESPONSIBILITY AND ACCOUNTABILITY

Art.18. In case of necessity of subsequent use of the documents collected in the course of reception, registration and movement of the signals under art. 3, para 1, the employee / employees using these documents shall bear responsibility for their storage and protection, as and for not disclosing the information contained therein.

Art.19. A report is periodically drafted to the Inspectorate of the Ministry of Regional Development and Public Works on anti-corruption measures taken, including measures taken with regard to the protection of persons who have submitted signals under art. 3, para 1 of these rules.

Art. 20. The employees under art. 1, para 2 shall sign a declaration according to a sample appendix for non-disclosure of data and circumstances, which became known to them during the work with signals for corruption or conflict of interests.

ADDITIONAL PROVISIONS

§ 1. Pursuant to these internal rules:

1. “Corruption” exists when, as a result of holding public office, the person abuses power, violates or fails to perform official duties in order to directly or indirectly extract non-compliant material or intangible benefits for himself / herself or for other persons.
2. “Conflict of interest” arises when a person holding a public office has a private interest, which may affect the impartial and objective exercise of his or her powers or duties.
3. “Private” interest means any interest which gives rise to tangible or intangible benefits in respect of a person holding a public office or of persons associated with him, including any commitment entered into.
4. “Benefit” means any income in cash or in kind, including the acquisition of shares or stocks, and the grant, transfer or waiver of rights, privilege or honor, receipt of goods or services free of charge or at prices, below the market, aid, voice, support or influence, advantage, receipt of or promise of work, position, gift, reward or promise to avoid loss, liability, sanction or other adverse event.
5. “Trading in influence” means the request or acceptance, directly or indirectly, by an official of any undue advantage in order to abuse his actual or alleged influence with a view to receiving an undue advantage from the administration.
6. “Abuse of official functions” is the performance or non-performance by an official of an act in violation of the law in the performance of his official functions for the purpose of receiving an undue advantage for him or for any other natural or legal person.

§ 2. Pursuant to OAIESIF, ODPAIFIPCEU and Regulation No. 2018/1046:

1. “Irregularity”: Pursuant to the definition in art. 1, para 2 of Regulation 2988/95, Regulation 1083/2006, repealed by Regulation (EU) No 1303/13, means: Any infringement of a provision of Community law resulting from an act or inaction by an economic operator which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, either by reducing or losing revenue arising from own resources collected directly on behalf of the Communities or by committing an unjustified expense.
2. “Suspicion of fraud” means an irregularity which gives rise to administrative or judicial proceedings at national level in order to determine the existence of certain intentional conduct, in particular fraud, as referred to in art. 1, para 1(a) of the Convention of 26 July 1995, adopted on the basis of Article K.3 of the Treaty on European Union , for the protection of the financial interests of the European Communities “in respect of expenditure” and any intentional act or inaction.
3. “Signal of irregularity”: this is information received, including from an anonymous source, about an “irregularity”. This information should at least provide a clear reference to the project, the funding program, the administrative unit and a description of the irregularity;
4. “Conflict of interest” – Pursuant to art. 61, para 2 of Regulation 2018/2016 exists when the impartial and objective exercise of the functions of a financial participant or other person is impaired for reasons related to family and emotional life , political or national affiliation, economic interest or any other direct or indirect personal interest.

TRANSITIONAL AND FINAL PROVISIONS

§ 1. These Internal Rules are issued on the basis of article 49, para 2, of the CUAFA and article 61, para 2, of Regulation IEC, Euratom/ No. 2018/1046 of the Council for the amendment of Regulation /EU, Euratom/ No. 966/12.

§ 2. These internal rules are approved by the Acting Chair of the Management Board of RIA on the basis of a Decision of the Management Board, objectified in Protocol No, .... and enter into force on the date of their approval.

Annex to
Art. 20 of the Internal Rules for the Protection of Persons Who Report Corruption, Conflict of Interest under the EU OP in RIA

DECLARATION

From …………………………………………………………………………………………….
                                                                        /full name/
On duty ………………………………………………………………………………………….

In connection with the performance of my official duties related to:

1. Receipt and registration of signals submitted to the Road Infrastructure Agency, containing allegations of corruption, corrupt practices and / or conflict of interest, as well as the registration of all other documents related to these signals;
2. Verification on a signal containing allegations of corruption, corrupt practices and / or conflict of interest;
3. Providing documents and data in connection with the verification of a signal containing allegations of corruption, corrupt practices and / or conflict of interest.

(circle the correct option)

I hereby declare that:

1. I will not disclose the identity of the person who submitted the signal;
2. I will not disclose the facts and data that have become known to me in the performance of my official duties;
3. I will protect the written documents entrusted to me concerning the signal in question, from unauthorized access by third parties.

Date:                                                                                                   Signature:

MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC WORKS
ROAD INFRASTRUCTURE AGENCY

ORDER

No. Ill. / 13.12.2019

Pursuant to Art. 21d, item 1 and item 6 of the Roads Act and Art. 11, para 2, item 7 of the Rules for the structure, activity and organization of work of the Road Infrastructure Agency, adopted by the Council of Ministers Decree No. 295 of 10.12.2009, in connection with art. 49, para 2 of the Counter-Corruption and Unlawfully Acquired Assets Forfeiture Act  / CUAFA /, art. 61, para 2 of Council Regulation / EU, Euratom / 2018/1046 amending Council Regulation / EU, Euratom / No. 966 / 12 and Ordinance: on the administration of irregularities under the European Structural and Investment Funds / OAIESIF /, as well as in implementation of the Decision of the Management Board of the Road Infrastructure Agency (RIA), objectified in Protocol No. 24102/19 of a meeting held on 12.12.2019.

I AFFIRM:

Internal rules for the protection of persons: who have submitted signals of corruption, conflict of interest and irregularities under EU operational programs to the Road Infrastructure Agency, in accordance with the annex to this order.

The order shall be brought to the attention of all employees of the Road Infrastructure Agency.

I assign the control over the implementation of this order to the Secretary General of the Road Infrastructure Agency.

GEORGI TERZIYSKI
ACTING CHAIR OF THE MANAGEMENT BOARD OF
ROAD INFRASTRUCTURE AGENCY
Signature: Ill.
Round Seal: Ill.