Saturday

23rd Sep 2023

Letter

European Court of Auditors defends secretary general

Regarding the article "EU auditor used public funds to hamper anti-fraud inquiry" in the EUobserver published this morning, we would like to make the following points:

The Secretary General of the European Court of Auditors cooperated fully with Olaf in its investigation. His actions in relation to two security contracts protected the financial interests of the European Union.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

In 2010, following inquiries initiated by the Secretary General of the European Court of Auditors (ECA), two companies admitted to having provided false information in the tenders they had successfully submitted for obtaining contracts for security services at the ECA.

In those circumstances, the Secretary General of the ECA unilaterally terminated the contracts on behalf of the institution. He also imposed administrative and financial sanctions and initiated criminal proceedings against the companies in the Luxembourg Criminal Court. Those proceedings are currently ongoing. He informed Olaf of these irregularities and communicated relevant information at each stage of the process. Olaf started an investigation into the case in October 2010; the Secretary General continued to cooperate fully.

In addition, the Secretary General also decided to inform other EU institutions with similar types of security contract of its experience. This helped prevent further irregularities occurring, notably concerning a tender amounting to € 20 million at the European Court of Justice.

In early 2011 ECA established an internal security service as a replacement for the external contractors. This has proven to be successful, allowing the ECA to make annual savings of around € 500,000 per year, while continuing to achieve its security objectives.

It is important to note that Olaf has not at any time accused the Secretary General or other ECA officials of any fraud, corruption or other illegal activity affecting the financial interests of the European Union.

In accordance with its obligations, the ECA fully cooperated with Olaf in this investigation. It provided access to:

• its premises;

• all relevant documents;

• computer records; and

• other ECA staff as witnesses.

In return, Olaf is required to conduct its investigations in accordance with its mandate and in full compliance with the legal provisions governing it.

The ECA considers that the actions taken in relation to the security contracts by the Secretary General and the other ECA officials involved in the case investigated by Olaf were taken in the context of their functions and aimed at protecting the financial interests of the ECA and the EU and that those actions were effective.

In the absence of any accusation of illegal or fraudulent action or corruption against them, the ECA took a decision in 2011 to grant them legal assistance in accordance with article 24 of the Staff Regulation.

The Secretary General has cooperated fully with Olaf with the matter, having provided and given full access to all information and persons involved in the case, as requested by Olaf.

When invited to Olaf hearings, the Secretary General repeatedly asked Olaf to clarify the context and nature of the hearing, including which material facts were raised by Olaf against him in his function as the Secretary General of the ECA and the legal dispositions connected to these facts. The purpose was to allow him to prepare for the hearing, as is his right (to defend himself and the administration under his responsibility). Olaf did not provide this information before any of the hearing dates they proposed.

Geoffrey Simpson is presidency director of the European Court of Auditors.

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

Auditors slam EU Commission on green investments

The European Court of Auditors called for more consistent EU action on sustainable finance. The European Commission, by its own estimation, will need to invest €1 trillion a year to transition to a zero-carbon economy by 2050.

Europe's energy strategy: A tale of competing priorities

Enhancing energy security empowers nations to heavily invest in renewable energy sources such as wind, solar, and hydroelectric power. But with a stable supply of LNG, Europe can also speed up its shift away from fossil fuels.

Column

Who's afraid of the Global South?

The once well-organized unipolar world, led by the US with EU support, has evolved as times change. But there is no need to be grumpy or afraid of the Global South and the multipolar world.

Latest News

  1. Europe's energy strategy: A tale of competing priorities
  2. Why Greek state workers are protesting new labour law
  3. Gloves off, as Polish ruling party fights for power
  4. Here's the headline of every op-ed imploring something to stop
  5. Report: Tax richest 0.5%, raise €213bn for EU coffers
  6. EU aid for Africa risks violating spending rules, Oxfam says
  7. Activists push €40bn fossil subsidies into Dutch-election spotlight
  8. Europe must Trump-proof its Ukraine arms supplies

Stakeholders' Highlights

  1. International Medical Devices Regulators Forum (IMDRF)Join regulators, industry & healthcare experts at the 24th IMDRF session, September 25-26, Berlin. Register by 20 Sept to join in person or online.
  2. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  3. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  4. International Medical Devices Regulators Forum (IMDRF)Join regulators & industry experts at the 24th IMDRF session- Berlin September 25-26. Register early for discounted hotel rates
  5. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  6. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations

Stakeholders' Highlights

  1. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  2. ICLEISeven actionable measures to make food procurement in Europe more sustainable
  3. World BankWorld Bank Report Highlights Role of Human Development for a Successful Green Transition in Europe
  4. Nordic Council of MinistersNordic summit to step up the fight against food loss and waste
  5. Nordic Council of MinistersThink-tank: Strengthen co-operation around tech giants’ influence in the Nordics
  6. EFBWWEFBWW calls for the EC to stop exploitation in subcontracting chains

Join EUobserver

Support quality EU news

Join us