Clarification on the application of procurement corrections in ESIF projects

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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:

1. A copy of the latest European Court of Auditors staff guidance which covers the
application of financial corrections for non-compliance with the rules on public procurement.

2. It is noted that the first and third lines of the guidance for applying financial corrections for non-compliance with the rules on public procurement identifies that the corrections only apply to irregularities (as defined at 2.36 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions) and where a requirement in the Commission Interpretative Communication dated 23.6.2006 is infringed (the interpretative communication covers the actions of contracting authorities as defined under the relevant directives which are involved in contracts below the OJEU thresholds, under Part B services under the 2004 Directive and in letting concessions in excess of the threshold). Please could you provide a list of all the corrections imposed, in respect of non-compliance with the purchase of goods, works and services in ESIF projects, ordered by the European Court of Auditors since 1.1.2014 which relate to breaches outside the scope of the definition of irregularity and to organisations outside the interpretative communication (for example they are not contracting authorities).

Yours faithfully,

Marcel Hopp

1078 Avenue Victor Hugo, L-1750 Luxembourg (Lëtzebuerg)

El Tribunal de Cuentas Europeo

Dear Mr Hopp,

We hereby acknowledge the receipt of your request for information related
to "clarification on the application of procurement corrections in ESIF
projects", which you submitted to the ECA by email of 26 May 2015.  
Under the terms of Court of Auditors Decision [1]No 12-2005 as amended by
decision [2]No 14-2009, regarding public access to ECA documents, you will
receive a reply within 15 working days, that is by the end of business on
16 June 2015.
Kindest regards,
ECA INFO

From:        Marcel Hopp <[FOI #2024 email]>
To:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        26/05/2015 21:50
Subject:        access to information request - Clarification on the
application of procurement corrections in ESIF projects

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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:

1. A copy of the latest European Court of Auditors staff guidance which
covers the
application of financial corrections for non-compliance with the rules on
public procurement.

2. It is noted that the first and third lines of the guidance for applying
financial corrections for non-compliance with the rules on public
procurement identifies that the corrections only apply to irregularities
(as defined at 2.36 of Regulation (EU) No 1303/2013 of the European
Parliament and of the Council of 17 December 2013 laying down common
provisions) and where a requirement in the Commission Interpretative
Communication dated 23.6.2006 is infringed (the interpretative
communication covers the actions of contracting authorities as defined
under the relevant directives which are involved in contracts below the
OJEU thresholds, under Part B services under the 2004 Directive and in
letting concessions in excess of the threshold). Please could you provide
a list of all the corrections imposed, in respect of non-compliance with
the purchase of goods, works and services in ESIF projects, ordered by the
European Court of Auditors since 1.1.2014 which relate to breaches outside
the scope of the definition of irregularity and to organisations outside
the interpretative communication (for example they are not contracting
authorities).

Yours faithfully,

Marcel Hopp

1078 Avenue Victor Hugo, L-1750 Luxembourg (Lëtzebuerg)

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This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #2024 email]

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References

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El Tribunal de Cuentas Europeo

Dear Mr Hopp,

In the context of its audits of ESIF projects, the European Court of
Auditors (ECA) reports errors for non-compliance with rules on public
procurement, but does not apply financial corrections.

The European Commission is the competent authority to impose financial
corrections.

Therefore, the ECA does not have any staff guidance which covers the
application of financial corrections for non-compliance with the rules on
public procurement.

Kind regards,
ECA INFO

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El Tribunal de Cuentas Europeo

Dear Mr Hopp,

I trust you have well received our reply to your request, which was sent
to you last week, on 2 June 2015.

Kind regards,
ECA-INFO

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