Dear European Court of Auditors,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
1. the total number of ESF and ERDF audits carried out by the European Court of Auditors for the purposes of the Declaration d'assurance:
2. The reference used for each audit mentioned in the answer for 2, limited to the following Member States:
(a) Republic of Ireland
(c) United Kingdom
3. The reference numbers used for each audit finding mentioned in the answer to 2.
1078 Avenue Victor Hugo, L-1750 Luxembourg (Lëtzebuerg)
Dear Mr Hopp,
Thank you for contacting the European Court of Auditors (ECA or Court).
In relation to your first question, please find below information on the total number of ESF and ERDF audits carried out by the Court for the purposes of the Statement of Assurance.
(c) 2016 10 23
As regards your second question concerning the reference used for each audit mentioned in the answer to question 1 in relation to Ireland, Slovakia and UK, and your third question concerning the reference numbers used for each audit finding mentioned in the answer to question 2, please note that pursuant to Article 4 (2) of the Court's Decision No 12-2005 regarding public access to Court documents (as amended by Court Decision No 14-2009), the Court shall refuse access to its audit observations or even to documents used in the preparation of those observations. This policy reflects the provisions of Article 162(1) of the Regulation (EU, Euratom) No 966/2012 of 25 October 2012 on the financial rules applicable to the general budget of the Union, which sets out that those observations made by the Court within the context of the Annual Report shall remain confidential. Notwithstanding the foregoing, the Court may, in exceptional circumstances only, authorise the Commission to disclose to third parties such observations; this, provided that the third parties concerned are beneficiaries directly concerned by the observations and can therefore prove a legitimate interest in having access to them.
After careful analysis and consideration of your case, we have not been able to identify you as a beneficiary that could be directly concerned by the documents in question. Hence, we regret to inform you that, for the reasons exposed here above, we cannot grant access to the documents you mention in your second and third query.
According to Article 7 of the ECA’s Decision No 12-2005, you can submit a request for reconsideration to the ECA’s President, within 15 working days from receipt of this e-mail.
(European Court of Auditors information desk)