False accounting - Grants and contracts

Servicio de Auditoría Interna no tenía la información solicitada.

Dear Mr Algirdas Šemeta, Dear Mr Philippe Taverne,

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:

On 1st March 2012 Mr Morten Messerschmidt, a member of European Parliament submitted a Parliamentary Question to Mrs Viviane Reding on the False Accounting at Danish Institute of Human Rights. This question is stored at
http://www.europarl.europa.eu/sides/getD... and reads :

“To what extent does the Commission monitor the money at the disposal of the European Union Agency for Fundamental Rights? This EU agency is headed, as the Commission will be aware, by its Danish director Morten Kjærum. Rigsrevisionen (the National Audit Office
of Denmark) has now revealed that there was a widespread incidence of false accounting while Mr Kjærum was head of the Danish Institute for Human Rights between 2002 and 2008, and that public funds were used, with Mr Kjærum’s knowledge, contrary to applicable
law and their intended use. Bearing in mind that the European Union Agency for Fundamental Rights has a much larger budget than the Danish body, the circumstances uncovered in relation to Mr Kjærum’s period in charge of the Danish Institute for Human Rights should give rise to a comprehensive audit of the use of resources at the
EU agency, inter alia to see whether the unlawful use of public funds has continued at EU level”

In European Commission`s answer of 20 April 2012 Madame Reding declined EC competence on the subject stating that FRA director is responsible for all matters within his
agency and that “OLAF may also intervene whenever there are sufficiently serious suspicions of fraud, corruption or irregularities detrimental to EU financial interests.”

1. I would appreciate if you could grant me access to any relevant document or information showing if Internal Audit Service of the Commission (IAS) or OLAF looked into the matters of false accounting at DIHR, following the Parliamentary Question raised by Mr Morten Messerschmidt, a member of European Parliament.

2. In case IAS looked into the false accounting matters, I request access to the relevant documents, including to any written statement submitted to IAS by Mr Morten Kjærum, or Phone call Notes, or Minutes or similar showing Mr Morten Kjærum`s explanations on the false accounting happened at DIHR when he served as DIHR Director.

As IAS might be aware DIHR is currently a contractor of FRA and of European Commission. The list of these contracts is published in Official Journal of EU and many of them are available in this website. This is why I request access to any relevant documents or information related to the substance of Parliamentary Question, documents which IAS might have. I would like to understand if before the awarding of these contracts to DIHR, the false accounting matters was solved by Danish Authorities and thus there were legal conditions created for DIHR to apply for and win grants and contracts at FRA and European
Commission. The EC and FRA contracts are available here
http://www.asktheeu.org/en/request/548/r...
http://www.asktheeu.org/en/request/731/r...
http://www.asktheeu.org/en/request/742/r... and also in FTS system of EC and FRA.

Other reason of asking access to these documents and information is because the Danish Ministry had cut off funding to DIHR because of “the deliberate transfer of old losses to non-existing projects that were created for this purpose”
http://cphpost.dk/news/national/foreign-...

As you know, in order to be awarded grants or contracts, DIHR have to pass some legal requirements envisaged in EU financial rules. As can be observed looking into the dates of contracts, and Danish authorities statements, DIHR was awarded contracts and EU grants
around the date Danish Ministry cut off DIHR funding.
I would like to understand if the current director of DIHR was aware about the parliamentary question by Mr Morten Messerschmidt, by false accounting at DIHR, by non-satisfactory management of External grants awarded to DIHR, including by EC.

In the frame of a grant competition organized by EC in 2012, whose contract was concluded in 2013 DIHR Director declared that everything is in order in DIHR activity as you can see in this Declaration on honor submitted to EC
http://www.asktheeu.org/en/request/703/r... and in some others disclosed by EC to the public domain and
accessible at
http://www.asktheeu.org/en/request/decla...
It would be much appreciated any access IAS could grant to any document or useful information. Such access will contribute to the clarification of false accounting matters raised in Parliamentary Question of 1st March 2012, not yet resolved or if resolved, not
yet disclosed to the public.
Also it will clarify the entitlement of legal entities with such problems as false accounting, to access EU funds and to win grants and contract amounted to millions of euro.
In order to get clarified on the details of my request, please find it under some more relevant links:
http://um.dk/en/~/media/UM/English-site/...
http://um.dk/en/~/media/UM/English-site/...
http://cphpost.dk/news/international/aid...
http://www.asktheeu.org/en/request/563/r...
http://www.asktheeu.org/en/request/decla...
I requested also access to audit reports by Danish audit bodies. In case these documents will be disclosed you will be able to find them here http://www.asktheeu.org/en/request/europ...
Thank you very much in advance for your response.

Yours faithfully,

Mike Stabenow

Servicio de Auditoría Interna

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Dear Mr Stabenow,

 

Thank you for your e-mail dated 17/09/2013 addressed to IAS EUROPA.  We
hereby acknowledge receipt of your application for access to documents,
which was registered on 18/09/2013 under reference number GestDem
2013/4658.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
09/10/2013. In case this time limit needs to be extended, you will be
informed in due course.

 

Yours faithfully,

 

Mário Costa Bento

Document Management Officer
[1]logo CE

European Commission

Internal Audit Service - IAS.A.1
Phone: 85291
[2]http://ec.europa.eu/dgs/internal_audit/i...
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References

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EC ARES NOREPLY, Servicio de Auditoría Interna

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Veuillez trouver ci-joint le document Ares(2013)3147917 concernant "IAS REPLY, Request for access to documents Gestdem No 2013/4658" envoyé par M/Mme TAVERNE Philippe le 01/10/2013.

Please find attached document Ares(2013)3147917 concerning "IAS REPLY, Request for access to documents Gestdem No 2013/4658" sent by Mr/Ms TAVERNE Philippe on 01/10/2013.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender TAVERNE Philippe (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir TAVERNE Philippe (mailto:[email address]).

Dear Mr Algirdas Šemeta, Dear Mr Philippe Taverne,

Thank you for answer and access to documents granted. I understand from IAS report annexed that up to the present IAS did not check contracts concluded by FRA with DIHR and this is the reason that IAS cannot respond on the question referring to false accounting in DIHR accounts.

I was granted access by European Parliaments to some documents. Based on those documents I would like to request access to IAS audit report following Parliamentary questions dated 25 June 2013, available in EP website http://www.europarl.europa.eu/sides/getD...

which reads :

"Parliamentary questions
25 June 2013
E-007475-13

Question for written answer
to the Commission
Rule 117

Subject: Conflict of interest — Danish Institute of Human Rights

1. The Danish Institute of Human Rights (DIHR) saw its funding cut by the Danish authorities after ‘irregularities’ had been found. The director in charge at the time the irregularities occurred is now working for an EU agency. The Danish authorities cancelled their support to the DIHR; the EU agency is still funding it.

(a) Has the Commission evaluated the financial transactions from this agency to the DIHR?

(b) Have irregularities been found?

(c) What action has been taken?

(d) Have funds been recovered? If so, what amount?

2. Management board members are leading staff of organisations that receive(d) grants or other financial support from the agency in question.

(a) How are these conflicts of interest managed?

(b) Have those members been involved in the process of granting funding to their organisations?

3. In the past there have been European Anti-Fraud Office (OLAF) cases involving agency staff in response to allegations that documents had been backdated, that staff had been mobbed and that the agency had not complied with existing rules on recruitment procedures.

(a) What was the result of these investigations?

(b) Could the Commission provide Parliament with the recommendations that OLAF issued?

(c) If there were no recommendations, could the Commission provide Parliament with a justification?

(d) What measures have been taken by the agency to prevent harassment, mobbing, etc.?

(e) Has any action been taken in response to incidents of harassment of staff members by other employees?

4. Are there any court cases pending against this agency? How many? What is the substance of these cases?

5. Who is bearing the costs of legal representation for staff of the agency before the courts? In which cases?

6. Could the Commission or the agency give details on the poem competition in 2010? How many people participated? How much money was spent?"

Yours faithfully,

Mike Stabenow

EC ARES NOREPLY, Servicio de Auditoría Interna

1 Adjuntos

Veuillez trouver ci-joint le document Ares(2013)3289831 concernant "2ND IAS REPLY - Your application for access to documents – Ref GestDem Nr 2013/4658" envoyé par M/Mme TAVERNE Philippe le 18/10/2013.

Please find attached document Ares(2013)3289831 concerning "2ND IAS REPLY - Your application for access to documents – Ref GestDem Nr 2013/4658" sent by Mr/Ms TAVERNE Philippe on 18/10/2013.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender TAVERNE Philippe (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir TAVERNE Philippe (mailto:[email address]).

Dear Internal Audit Service (IAS), Dear Mr Philippe Taverne,

Thank you for your answer. This is a new request.
I would like to access IAS audit report related to contacts concluded by FRA with Latvian Centre for Human Rights. In IAS report of May 2012 Madame Ilze Brands Kehirs appears as Chairperson of FRA Management board http://www.asktheeu.org/en/request/849/r....

Here are contracts concluded by FRA with LCHR when Madame Ilze Kehris was Chairperson at FRA and director at LICHR (until late 2011 or earlier 2012)http://www.asktheeu.org/en/request/700/r...

I request access to any IAS report and to any findings related to actual conflict of interest Ms Kehirs found herself while serving at both bodies - FRA and LCHR.

If available I request access to IAS audit reports related to conflict of interest of Mr Hansen who is member in DIHR Board and FRA Board. Is IAS allowed to scrutinize the findings of member, mentioned under point 4 here http://fra.europa.eu/sites/default/files...

Yours faithfully,

Mike Stabenow

Servicio de Auditoría Interna

Dear Sir,

Thank you for your e-mail dated 23/10/2013. We hereby acknowledge receipt of your application for access to documents, which was registered on 24/10/2013 under reference number GestDem 2013/5263.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 15/11/2013. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Mário Costa Bento
Document Management Officer

European Commission
Internal Audit Service - IAS.A.1
Phone: 85291
http://ec.europa.eu/dgs/internal_audit/i...
Please consider the environment before printing this e-mail

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EC ARES NOREPLY, Servicio de Auditoría Interna

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Veuillez trouver ci-joint le document Ares(2013)3459821 concernant "Application for access to documents - Ref GestDem Nr 2013/5263" envoyé par M/Mme TAVERNE Philippe le 12/11/2013.

Please find attached document Ares(2013)3459821 regarding "Application for access to documents - Ref GestDem Nr 2013/5263" sent by Mr/Ms TAVERNE Philippe on 12/11/2013.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender TAVERNE Philippe (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir TAVERNE Philippe (mailto:[email address]).