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. 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.
Dear Ms Emidio,
Thank you for contacting the European Court of Auditors (ECA).
As a foreword, please note that Regulation 1049/2001 regarding public
access to European Parliament, Council and Commission documents is not
applicable to our institution. Instead, the rules on public access to ECA
documents are set out in Decision No 12/2005 of the Court of Auditors
regarding public access to Court documents (as amended by Court Decision
No 14/2009, consolidated version published in OJ C 67/1 of 20.03.2009).
More particularly, as the data you refer to in your e-mail constitute a
“document” pursuant to Article 3(a) of said decision, your request has
been processed in accordance with Article 6 thereof.
Further to your request, we would like to inform you that our auditors’
criteria for the quantification of public procurement errors are described
in the document ‘Non-compliance with the rules on public procurement –
types of irregularities and basis for quantification’. Please also note
that an error may concern all or part of the amount involved in an
individual transaction. We consider whether errors are quantifiable or
non-quantifiable, i.e. whether or not it is possible to measure how much
of the amount examined was affected by the error. Errors detected and
corrected prior to and independently of our checks are excluded from the
calculation and frequency of error, since their detection and correction
demonstrate that the control systems have worked effectively. Our
quantification may differ from that used by the Commission or Member
States when deciding how to respond to the misapplication of the public
We would also like to underline that our institution is not competent for
applying financial corrections, which is the responsibility of Member
States authorities and the European Commission.
We thank you for your interest in our work.
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