Dear European Court of Auditors,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I request audit reference PF6347 final letter with findings. I accept that some information may need to be obscured to protect commercial interests.

Yours faithfully,

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

ECA-INFO, Tribunal de Cuentas Europeo

Dear Mr Hopp,

As a foreword, please note that your request for access to documents has been processed in accordance with Article 6 of Decision No 12-2005 of the Court of Auditors regarding public access to Court documents (as amended by Court Decision No 14-2009) (altogether, "the Court's Decision").

Further to your request, we have identified that the document referenced PF6347, to which you have requested access, relates to observations made by the Court in the context of its Statement of Assurance included in the 2014 Annual Report for the Union's accounts. Pursuant to Article 4 of the Court's Decision, 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, provided such third parties are beneficiaries which are directly concerned by said observations and can therefore prove a legitimate interest in having access to the same.

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 document in question, hence, we regret to inform you that, for the reasons exposed here above, we can, unfortunately, not grant you access thereto.

Please note that in accordance with Article 7 of the ECA’s Decision, you can address a request for reconsideration to the ECA’s President, within 15 working days of receiving the ECA’s reply.

Yours sincerely,

(European Court of Auditors information desk)

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Marcel Hopp dejó un comentario ()

A surprising response. I’ve not asked for the preparation notes, solely the final report.

I shouldn’t have to explain why I want the documents, but the reason is so I can better understand the rules which need to be followed when receiving European Regional Development Fund monies. After all, it’s in everyone’s interests to be within the rules.