The Official Journal of the European Union has published last 20th december 2008 the  Commission Decision of of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies.

What is the EWS purpuse?

The purpose of the EWS is to ensure, within the Commission and its executive agencies, the circulation of restricted information concerning third parties who could represent a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities.

Type of information in the EWS

The EWS warnings will contain the following data:

1. Information identifying third parties which represent a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities because they committed or are suspected to have committed fraud or serious administrative errors, or are subject to attachment orders or to significant recovery orders, or are excluded in accordance with the Financial Regulation or the CFSP-related financial restrictions.
2. Information concerning persons with powers of representation, decision-making or control over legal entities which are third parties, when those persons represent themselves a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities.
3. The type of warning and the grounds, its duration and the warning contact person for that warning.

Categories of warning

Depending on the nature or the seriousness of the facts brought to the knowledge of the service requesting registration, EWS warnings shall be divided into the following five categories:

• W1, where information gives sufficient reason to believe that findings of fraud or serious  administrative errors are likely to be recorded or where precautionary measures should be taken following the exclusion of a third party pursuant to Article 94 of the Financial Regulation.
•  W2, where a third party is subject to findings of serious administrative errors or fraud.
• W3, where a third party is subject either to pending legal proceedings entailing the notification of an attachment order, or to judicial proceedings for serious administrative errors or fraud.
• W4, where third parties are subject to recovery orders issued by the Commission exceeding a certain amount and on which payment is significantly overdue.
• W5, where a third party is excluded in accordance with the Financial Regulation or Council regulations imposing CFSPrelated financial restrictions.