Europaudvalget 2016-17
EUU Alm.del Bilag 3
Offentligt
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OCTOBER 2016
10
European Court
of Auditors
Journal
EUU, Alm.del - 2016-17 - Bilag 3: Rapport fra Den Europæiske Revionsret oktober 2016
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Past editions of the Journal can be found on:
ECA’s website: http://eca.europa.eu/en/Pages/Journal.aspx
PRODUCTION
Rédacteur en chef / Editor in Chief : Rosmarie Carotti
Tél. / tel.: 00352 4398 - 45506 - e-mail : [email protected]
Mise en page, diffusion / Layout, distribution : Direction de la Présidence - Directorate of the Presidency
Photos : Reproduction interdite / Reproduction prohibited
© ECA
The contents of the interviews and the articles are the sole responsibility of the interviewees and
authors and do not necessarily reflect the opinion of the European Court of Auditors
Cover photos:
- Vítor Manuel Caldeira, leaving ECA President
- Dr Louis Galea, leaving ECA Member
-Klaus-Heiner Lehne, new ECA President
EUU, Alm.del - 2016-17 - Bilag 3: Rapport fra Den Europæiske Revionsret oktober 2016
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ANNOUNCEMENT
2015 EU AUDIT
We are pleased to announce that our annual reports on the
implementation of the 2015 EU budget and the European
Development Funds will be published on
13 October 2016.
This is around one month earlier than previously, thanks
to cooperation with the European Commission and after
consultation with the Committee on Budgetary Control of
the European Parliament.
In the reports we will provide assurance on how EU funds
were used during the year, and highlight where they were
most at risk of being misspent. We will also analyse why
errors occur and provide recommendations on how to
improve financial management. Our main aim is to assist
the European Parliament and the Council in scrutinising EU
financial management as part of the discharge procedure on
the EU budget.
Our annual reports in full, together with accompanying
material will be available from 9.00 am on 13 October on our
website:
eca.europa.eu
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TABLE OF CONTENTS
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The most challenging aspect was to move the institution forward
Interview with Vítor Manuel Caldeira, leaving ECA President
Vítor Manuel Caldeira served from March 2000 as a Member and from 2008 as the ECA’s 10th President.
By Rosmarie Carotti
As I see it, I have three key tasks: to implement the reform of the ECA, to reform our
products, and to boost the ECA’s external impact
Interview with Klaus-Heiner Lehne, the newly appointed ECA President
By Rosmarie Carotti
Reflections on my experience at the European Court of Auditors
By Louis Galea, leaving ECA Member (2010 – 2016)
The ECA and the NAO: Exchanging knowledge and people
On 19 July, John Thorpe, Executive Leader of the National Audit Office (NAO) and Simon Helps,
a NAO director, visited the ECA hosted by Phil Wynn Owen, ECA Member
By Katharina Bryan, private office of Wynn Owen, and Rosmarie Carotti
44th EUROSAI Governing Board Meeting at the European Court of Auditors
On 13-14 June 2016, the European Court of Auditors hosted this year’s annual meeting of the EUROSAI
Governing Board, under the Presidency of the supreme audit institution of the Netherlands
By Daniel Tibor, assistant to the Liaison Officer
In Memoriam of Sir David Bostock, former ECA Member
By former staff of his private office
FOCUS
- Special reports No 13, 20, 21, 22, 23/ 2016
EU COHESION POLICY CONFERENCE
“Past Evidence, Current Experience and Future Perspectives”
Bratislava, 15 and 16 September 2016
- Performance and result orientation of the European Structural and
Investment Funds (ESIF)
By Ladislav Balko, ECA Member
-
Further simplification of Cohesion policy and the future perspectives
By Martin Weber, ECA Director
Performance audit of large infrastructure investment
This article focuses on transport investments, using some of the lessons learned from recent ECA
performance audits in the transport field. The main lessons and principles can however be transposed
to any other large infrastructure investment supported by EU co-funding
By Luc T'Joen, senior administrator in Chamber II
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The most challenging aspect was to move
the institution forward
Interview with Vítor Manuel Caldeira, leaving ECA President
By Rosmarie Carotti
3
Vítor Manuel Caldeira served from March 2000 as a Member and from 2008 as the ECA’s 10
th
President.
His mandate was renewed in January 2011 for a second term, and in January 2014 for a third term.
R. C.: Is there something that did not work the
way you had wanted?
Vítor Manuel Caldeira:
I am sure there are many
things we could have done or done better. The ECA
certainly has room to do more work that is directly
relevant to citizens. The role of the ECA is as a
facilitator. We help build trust in the EU institutions.
And to do that we will also need to foster closer
links with European citizens.
That said, we have already made enormous
efforts to improve communication. Our topics are
increasingly on target and there are encouraging
signs that our messages are hitting home. Precisely
because these are difficult times for the European
Union, the ECA should - in my view - continue to put
serving European values and the Union’s citizens at
the heart of its strategy and work programme.
We now work more closely with the European
Parliament than we used to in order to identify
topics relevant to citizens. We also work more
closely with national parliaments and our reports
are increasingly drafted with national parliaments in
mind.
We could also do more to make our reports
attractive, user-friendly and accessible, for example
developing a clear and concise reporting style and
exploring new ways of publishing our results.
R. C.: In terms of audit, is the ECA shifting accent
to economic governance?
Vítor Manuel Caldeira:
Auditing EU economic
governance has certainly become a priority for
the ECA in recent years. That is because the EU has
considerably developed its policies and structures
in this area since the 2008 financial crisis.
Since then, the ECA has been given new audit
responsibilities, for example with respect to the
audits of the Single Supervisory Mechanism, the
Vítor Manuel Caldeira, leaving ECA President
R. C.: Sir, the ECA President is primus inter pares
among the ECA Members. However, what was
your personal vision for the ECA and how did
you try and achieve that vision?
Vítor Manuel Caldeira:
My aim was always to help
the institution to develop a vision and then adopt
the right strategy to achieve that vision. Developing
a vision for the ECA is not solely the work of the
President; it should – in my view – be a collective
endeavour involving all Members and the staff as
well as stakeholders. If you recall, we organised peer
reviews, we consulted external stakeholders and we
set up internal working groups to identify where we
could improve. We developed the first ECA strategy
for the period 2009 to 2012 and then adopted
the strategy for 2013 to 2017, which has led to a
number of important organisational reforms that
are now bearing fruit. We succeeded in improving
the quality and the range of our outputs: reports,
opinions and the new landscape reviews. And we
also succeeded in strengthening the relations with
our stakeholders who make use of our work. All this
contributed positively to the ECA’s development as
an independent, professional institution.
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The most challenging aspect was to move the institution forward
continued
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Single Resolution Fund and the Single Resolution
Board, as well as the new agencies that were set
up to regulate the financial sector. We are also
started to do performance audits in this area. A
good example is the task we have ongoing on the
“European Semester” which was introduced to help
coordinate the Member States’ macro-economic
and fiscal policies.
The importance of EU economic governance is also
reflected now in the ECA’s organisational structure,
with Chamber IV taking the lead on work in this
area.
R. C.: Are there changes you would wish to be
introduced in the audit work of the ECA for
example in single audit ?
Vítor Manuel Caldeira:
The concept of “single
audit” in the EU goes back a long way. I remember
being the reporting Member for the ECA’s opinion
on this matter in 2002. What we said then still holds
true now.
To be effective, a single audit system of the
EU budget requires effective internal control
to be exercised first by the Commission and
national authorities. At that time we advocated
an integrated internal control system. And the
Commission took important steps in that direction.
However, considerable differences still remain
at national level in Member States systems for
managing and controlling how EU funds are spent.
The ECA has been encouraging further progress
in this regard. At the same time, we have been
working with the SAIs of the Member States in
the Contact Committee, to promote cooperation
between SAIs in the audit of EU funds.
The fact that there is a now a full set of international
public audit standards for SAIs means we have a
good basis on which to develop common audit
methods.
R. C.: As President of the Portuguese Court
of Audit what will you try to bring into the
meetings of the Supreme Audit Institutions?
Vítor Manuel Caldeira:
I hope to be able to
continue to make good use of the experience
I gained at the ECA. There are many important
ongoing developments within the community of
SAIs. And there are many areas where EU SAIs, in
particular, are developing common approaches, for
example in the audit of EU structural funds and the
fiscal policies in the Member States. And at the next
Contact Committee meeting of the EU SAIs and
the ECA we will be discussing the audit of energy
and climate policy. That is a policy area which is
important not only for EU SAIs but also for SAIs the
world-over.
R. C.: Energy and climate are only a small part
of the sustainable development goals. What
else can the ECA do? I think of contributing, for
example, to combating corruption.
Vítor Manuel Caldeira:
We should be ambitious
but we also need to be realistic and see what we
can achieve in a sustainable way, step by step. There
the Contact Committee is seeing some progress
in concrete areas, such as in the supervision of the
financial sector. The issue of corruption and fraud is
important as the auditor must disclose instances of
suspected fraud and corruption.
It is also essential to identify the major risks of
corruption and fraud at each stage of the process:
when legislation is being adopted; when policies
are being implemented; and when public funds are
being spent. If you do not focus on taking measures
to minimise or eradicate the risk of corruption and
fraud, then you are always running behind. SAIs
can share their experience and develop tools for
mapping the major risks, which would help ensure
the risks get addressed.
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As President of the Portuguese Court of Auditors,
I will also chair Portugal’s national council for
preventing corruption. So it is a topic that will be
high on my agenda.
I think that the Portuguese Court of Auditors has
already done good work in this field alongside the
European Court of Auditors. We worked together on
a EUROSAI project to develop the audit of ethical
issues. The audit of ethical issues goes wider than
corruption, covering also how conflicts of interest
are dealt with and how managers should behave.
This work is still ongoing at the level of EUROSAI
and I hope it will eventually result in the adoption of
auditing principles at the level of INTOSAI.
The ECA has already carried out audit work on the
risk of conflicts of interest in EU agencies.” Ethics”
is an area of audit that I expect will develop. It may
well come to be considered as a new “E” alongside
the traditional “3 E’s” of economy, efficiency,
effectiveness, as perhaps will “Equity”. I think these
concepts will become increasingly relevant in the
future within the SAI community.
R. C.: When you look back at your years as
President, what was the most difficult challenge
you faced?
Vítor Manuel Caldeira:
The greatest challenge
was to bring the College together, to achieve
consensus about the direction in which to develop
our institution. It is good to start with a diversity
of viewpoints and important to engage in healthy
arguments but in the end you need to build
consensus on how to move forward. That what I
strived to do throughout my time as President. It
required patience and an ability to draw reasonable
conclusions from discussions that reconciled often
very different points of view.
Let me add a few final words of thanks to
everyone, here in the ECA and also outside, to
the Luxembourgish authorities, the supreme
audit institutions, and all those who have made
it possible for us to succeed in moving forward
as a European institution. Thank you for all your
excellent support and cooperation.
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As I see it, I have three key tasks: to
implement the reform of the ECA, to
reform our products, and to boost the
ECA’s external impact
Interview with Klaus-Heiner Lehne, the newly appointed ECA President
By Rosmarie Carotti
On 13 September 2016 the ECA Members elected Klaus-Heiner Lehne, the German Member, to
serve as President for a three-year term. He takes up his post on 1 October 2016.
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Initially, I didn’t rate my chances particularly highly
when considering perhaps standing for President
at the beginning of next year. And then came
our President’s unexpected decision to return to
Portugal earlier, on 1 October 2016, and to schedule
the election in September. Before the summer
holidays I discussed it with many people at the
ECA and was given the impression that I had their
support and backing. Of course, I also discussed this
move with my family.
R. C.: You have already touched on this issue, but
what else would you like to achieve?
Klaus-Heiner Lehne, ECA President
R.C.: Dear Mr Lehne, Mr President, as you will
be taking up your duties in a few days’ time,
may I offer my sincerest congratulations on
your appointment. A Member of the Court of
Auditors since 2014, you have previously served
as a Member of the European and German
Parliaments and worked as a business lawyer.
What was it that prompted you to put yourself
forward as a candidate for the Presidency of the
European Court of Auditors?
Klaus-Heiner Lehne:
When you assume a role
such as this, then of course you hope to make a
difference and be in a position to exert influence,
introduce changes and shape the future.
I sometimes feel that the ECA is something of a
“hidden champion”, that we can do more. I believe
that the reforms made in recent years have indeed
been crucial and were a step in the right direction
in terms of reforming internal structures and, by
extension, improving the performance of the ECA
as a whole. But now we need to focus on reforming
our products. In particular, we need to better tailor
the annual report to match stakeholder needs and
increase its relevance on performance issues.
Klaus-Heiner Lehne:
I also think that there is still
room to improve public perception. The problem
lies with the impact of our work. My goal is to be
able to say at the end of these three years that we
have made progress and improved performance in
key fields. This concerns not only public perception,
but also support for future legislation. Of course,
since we are not legislators, we can only do the
latter indirectly, by specifically pointing out where
the problems lie and providing assistance.
R. C.: If I think of the new areas in which the ECA
now finds itself working, particularly in relation
to economic governance, I wonder how we might
increase our visibility here?
Klaus-Heiner Lehne:
This is a new area of
responsibility for the EU, which emerged as a result
of the 2008 financial crisis. Naturally, we need to
respond to this, particularly as regards performance.
There is a whole series of reports dealing with this
area currently being prepared. Previously such
activities were based in Chamber IV, which dealt
with the area alongside auditing the institutions.
We now have a fifth Chamber, which has taken over
auditing the institutions. Chamber IV now focuses
more on economic governance. The credibility of
the entire European project essentially depends on
these governance processes working.
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Around 50% of the EU’s GDP is made up of public
sector spending. Only 1% of this money is spent
by the EU, and the rest by the Member States. And
this is not set to change. It would be unrealistic to
assume that a significantly larger percentage of
public money will end up with, and then be spent
by, the EU. It will always be the case that most
activities will remain at Member State level. Yet
this requires coordination. That is why economic
governance is so crucial.
R. C.: Does your appointment signal an increase
in Germany’s influence in the EU?
Klaus-Heiner Lehne:
From an outsider’s
perspective, this may appear to be the case.
This is honestly not how I see things. However
ECA Members think as Europeans. I do not
represent my government, but am an independent
Member of this Court and have to act and think like
a European. This was my approach in the European
Parliament too. My appointment doesn’t enhance
Germany’s direct influence.
R. C.: Will the administrative reform recently
implemented at the ECA alter the collegial
system, or the relationship between the ECA
President and the other Members or between
the Members?
Klaus-Heiner Lehne:
The Chambers were created
upon my predecessor’s initiative. The system has
proved its worth, but has also resulted in the
Chambers operating very independently. This
means that the overall interest of the ECA was not
always the top priority when the work programme
was drawn up. The reform that I have seen taking
place here over the past two years is aimed
precisely at reinforcing once again the ECA’s overall
interest.
The latest reform affecting the way in which the
Chambers work, their responsibilities and how
resources are used, is specifically designed to
further reinforce the ECA’s capacity to plan and
devise strategy more centrally. The Chambers
decide on the substance, but, under the new rules,
it is primarily down to the College to decide which
audits are carried out and by whom.
Reform is one thing, but culture is another. We now
need to see that our culture also evolves as the
reform is implemented. That process will surely take
several years. As I see it, I have three key tasks over
the next three years: firstly, to implement the reform
while reshaping our internal culture; secondly, to
reform our products, particularly the annual report,
but also to have more landscape reviews and quick
special audits; thirdly, to boost the ECA’s external
impact.
R. C.: Will Brexit alter our audit culture or the way
we work at the ECA?
Klaus-Heiner Lehne:
It is far too early to say. The
British Government has not yet triggered Article 50.
We are talking about a period that could probably
lie beyond 2019.
In any case, as the smallest institution we will have
a relatively small role to play in the proceedings.
The Commission is preparing the negotiations,
the European Council will issue the mandate for
negotiations and the European Parliament must
agree at the end.
An interinstitutional working group was set up long
ago to deal with staffing matters. On the subject of
English as a working language, all I can say is that
it is very difficult to change an internal linguistic
culture. That goes for us just as much as for the
European Court of Justice, where cases are heard
in French. English will therefore remain a main
language.
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Interview with Klaus-Heiner Lehne
continued
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R. C. What aspect of your current post will you
miss most as President?
Klaus-Heiner Lehne:
Strange as it may sound
coming from someone from the Parliament who
has never actually worked as an auditor, I will miss
auditing, for the simple reason that I have learnt a
lot during my two and a half years at the ECA. I have
worked on things with which I had never before had
any dealings. Whereas previously I was primarily
legislating for the European internal market, I have
had to work in a field in Chamber III — and have
enjoyed doing so — that was previously a complete
unknown for me: development aid.
To suddenly look at things from a global
perspective, rather than solely from a national
or European perspective, opened up an entirely
different way of viewing the world’s problems;
things that are hotly debated in the media
suddenly became banal. That was a very important
experience in my life.
R. C.: “Global economy” is a buzzword. Is this
worth pursuing?
Klaus-Heiner Lehne:
In principle, I believe that,
yes, it is worth seeking to eliminate boundaries
to trade, since this ultimately leads to more jobs
and a better economy. Of course this needs to
happen in a balanced manner. I think that the two
large economic blocks, namely North America and
Europe, should, as far as possible, remember as they
work together that today’s decisions will continue
to influence the world’s standards in 50, 60 or 100
years’ time. If the two large economic blocks, whose
significance, if we look at global developments, is
fading in terms of population size, fail to cooperate
more closely, then there is a grave danger that we
will no longer have a say in shaping these standards
in the next generation or the generation after that.
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Reflections on my experience at the
European Court of Auditors
By Louis Galea, ECA Member (2010 – 2016)
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Developing the ECA’s strategy: new challenges,
new opportunities
In 2011 the ECA started developing the strategy for
the period 2013-2017. Since the previous strategy
(2009-2012) was set, significant changes had
occurred in the EU landscape such as the shifts in
institutional balance brought about by the Lisbon
Treaty, the launch of the Europe 2020 strategy, as
well as the new EU responses to the global financial
and economic crisis particularly in the banking
supervision, financial support to Member States in
difficulty and fiscal and economic coordination. The
ECA needed to position itself in this new scenario.
During this time, I had the opportunity to contribute
to the strategy as part of the Strategy Reflection
Group. Under the chairmanship of President
Caldeira we started to analyse challenges and
opportunities that the ECA was facing and how the
it could respond to them.
The Reflection Group took into account feedback
received from the Members in particular the
exchanges made during the Members’ Seminar
in Talinn, the results of the staff consultation, the
European Parliament and its Committees, the
Council, as well as the feedback of the 2008 peer
review and external evaluators. This was truly an
open and constructive dialogue.
The conclusion was that the ECA, faced with
changing realities and new developments, needed
to respond to such changes and to adapt more
proactively, building stronger strategic partnerships
and organising itself in a more flexible and efficient
manner.
This led to the development of a number of key
actions which have already started to bear fruit.
For instance, the thrust to deliver new products
has resulted in two landscape reviews, one on
EU accountability and audit gaps and one on EU
financial management risks, both of which have
been extremely well received by stakeholders. More
landscape reviews are in the pipeline.
Similarly, new work programming procedures
reflecting priorities agreed at ECA level enable
focused responses and more coordinated direction
of its work. In terms of strengthening the ECA’s
relation with partners, the assignment of a
Dr Louis Galea, ECA Member
My journey at the ECA started on 7 May 2010. I
arrived with a lifetime of experiences gained over
many years of working in politics and serving as
Minister, and then Speaker, in Malta. After six years
serving in the ECA, I leave with a much deeper
insight of the EU and its internal functioning, filled
with positive memories, enriched by relationships
with many hardworking and professional
people, with valuable knowledge gained and a
strengthening of my identity as an EU citizen.
My early days at the ECA
My first two years at
the ECA were spent in Chamber IV, which at the
time dealt with revenue, research and internal
policies, and Institutions and bodies of the EU.
I was responsible for the financial audit of the
EU administrative expenditure which equates to
around €10 billion (annually equivalent to around
6 % of the annual EU budget). Few errors are
reported in this area indicating that in general EU
institutions and bodies implement the budget
in line with the rules. I was also responsible for a
number of performance audits on EU institutions
and bodies, including a follow-up report on the
management of OLAF; the effectiveness of staff
development in the Commission; the reliability
and credibility of statistics produced by the
Commission and Eurostat; budget savings from the
centralisation of the Parliament’s operations; the
effectiveness of the External Borders Fund; grant
management in agencies, as well as numerous
opinions.
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Reflections on my experience at the European Court of Auditors
continued
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dedicated Member in charge of inter-institutional
relations and the improved targeting of audiences
at national and EU level through visits to Member
States, thematic conferences and a new stakeholder
management system are all measures intended
to increase its visibility and relevance. In audit,
the move towards a task-based organisation, the
adoption of new roles and responsibilities, as well
as the streamlining of audit and reporting processes
enabled the ECA to increase its flexibility and
efficiency.
Deanship and the establishment of the FEG
project team
I was elected Dean of Chamber IV in March 2012
for a term of two years. My experience as Dean was
very positive. With the Members and the Director
we managed to strengthen and streamline the
organisation of the Chamber. One of the key actions
was to create a dedicated unit for performance
audit to ensure that the production of special
reports is not disrupted by work on the annual
report chapters assigned to the Chamber.
In 2013 an important development was the
establishment of the Financial and Economic
Governance (FEG) project team. In response to
the financial crisis the EU undertook a broad
range of initiatives collectively aimed at detecting,
preventing and correcting negative economic
trends. These included: enhanced surveillance
of Member States’ fiscal and macroeconomic
policies and structural reforms by the European
Commission in the form of the European Semester;
new instruments such as the European Stability
Mechanism and the Balance of Payments to assist
Member States in financial difficulty; setting up the
European system for Financial Supervision with
new entities such as the European Securities and
Markets Authority, the European Banking Authority
and the European Insurance and Occupational
Pensions Authority responsible for micro-prudential
financial supervision and assigned new macro-
prudential oversight tasks such as the Single
Supervisory Mechanism to the European Central
Bank. These fell within the policy responsibilities of
Chamber IV, which was quick to realise the potential
risks that failure of different EU level entities to
perform their new and extended roles could
have on the EU and Member States. The Chamber
recognised the need to build specialist audit
capacity within ECA to focus on these risks.
The work of the Director of the Chamber and the
Director of HR, Finance and General Services served
to set up a dedicated team within Chamber IV and
to start addressing the EU’s response to the financial
crisis. The way the team was brought together was
a demonstration of pragmatic management: an
internal call for expression of interest to ECA staff
was made to fill up most of the team, an intensive
specialized training programme with experts
from outside was put in place and experts were
contracted to support our work in this new areas.
In 2015 the ECA published its first reports on this
domain. The FEG project team is an excellent
example of the ability of this EU institution to adjust
flexibly to evolving scenarios and the ability of our
staff to take on new challenges and deliver high
quality products.
The audit of Agencies and Joint Undertakings
During the last two years of my term, I was
responsible for the annual financial and compliance
audit of the agencies and joint undertakings of the
EU. Presently there are around 50 such bodies, for
which the ECA delivers an opinion on the reliability
of their accounts and the legality and regularity of
their underlying transactions. Notwithstanding that
their budget is around € 4 billion (approx. 3% of
2014 EU Budget), agencies and joint undertakings
play an increasingly important role in implementing
EU policies and the EU Research Strategy,
respectively. They also reinforce cooperation
between the EU, national governments and
industry and increase the visibility of the EU.
I was involved throughout the discussions
concerning the arrangements related to the
financial audit of these bodies and our approach
to take the work done by third party auditors into
consideration in its work and final audit opinions.
With the assistance of our principal managers and
heads of task, we cooperated with the appointed
private audit firms, and have seen the first two years
run relatively smoothly. On joint undertakings, the
good work of principal managers and the heads of
task has led to excellent results. These bodies will
face similar transitions towards the use of external
auditors as we have seen with the agencies.
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In recent years the ECA has published four special
reports on agencies including: SR 12/2016 on
the Agencies’ use of grants; SR 4/2016 on the
European Institute for Technology; SR 22/2015 on
the European Securities Market Authority; and SR
5/2014 on the European Banking Authority.
Time for consolidation
In 2015 under the chairmanship of the President I
participated in the Working Group on the reform
of Chamber’s Responsibilities. The aim was mainly
to complete the ECA’s governance arrangements
in the light of the changes brought about by the
strategy and reorganisation. The proposals made by
the working group and then taken on board by the
ECA, include streamlining of processes to prioritise
the ECA’s work, allocating tasks to Chambers in
a more flexible, balanced and efficient manner,
ensuring that Chambers are well resourced to
deliver the tasks assigned, and to support the ECA’s
overall relevance by enhancing our knowledge
management processes to enable it to capture and
assess the constantly changing environment within
and outside the EU.
This proposal eventually also led to the
establishment of a new Chamber V of which I
became a member in June 2016. In part, this
Chamber took over the responsibility of the former
CEAD Chamber for the coordination of the ECA’s
Annual Report. Although my time in this Chamber
will be short lived as I approach the end of my
term, I can anticipate exciting times ahead for this
Chamber too.
Conclusion
Six years at the ECA have gone by in no time and
I look back with a gratified sense of satisfaction. I
feel privileged to have worked with Vitor Caldeira
as its President. He was an excellent President and
an effective team builder. I enjoyed working with
and learned a lot from my colleague Members, the
directors, principal managers, heads of task and the
many auditors who were involved in my work. But
I could not have realized the positive results on my
own. I was especially assisted by my Cabinet team,
especially the head of office
Throughout my entire tenure, I have been engaged
in a continuous debate on ways in which the ECA
can improve the statement of assurance and the
annual report – its core product as required by the
Treaty itself. One of the key actions of the strategy
requires the ECA to adapt the annual report to
meet the needs of the discharge authorities –
Parliament and Council – in a more cost-effective
manner. I leave reassured that all my colleagues
are aware of both the need to continue improving
the communication of this report and its findings,
and also of the need for such a report to remain an
instrument which holds executive authorities to
account, based on objective criteria and credible
audit approaches which conform to the highest
international standards for public audit authorities.
My parting shot is that the ECA is heading in the
right direction, has embarked on a wholesome
reform agenda that will bear fruit if implemented
properly and if given the time to mature. I am sure
that the ECA will continue to consolidate its efforts
and deliver effectively its mission as the guardian of
the financial interests of the citizens of the Union.
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The ECA and the NAO: Exchanging
knowledge and people
By Katharina Bryan, private office of Wynn Owen, and Rosmarie Carotti
On 19 July, John Thorpe, Executive Leader of the National Audit Office (NAO) and Simon Helps,
a NAO director, visited the ECA hosted by Phil Wynn Owen, ECA Member.
12
Simon Helps,
a NAO director;
Phil Wynn Owen, ECA Member; John Thorpe, executive leader
of the NAO
Exchanging ideas: Visit of John Thorpe and
Simon Helps
John Thorpe explained how the NAO is responding
to a challenging environment by continuously
evolving in terms of organisation and output. His
presentation followed on from the insight into
the NAO’s change process which
the Comptroller
and Auditor General Sir Amyas Morse
discussed
during his visit to the ECA in April 2015 (See ECA
Journal No 5, May 2015).
Some 150 years after the office of Comptroller
and Auditor General was established, the NAO’s
primary role continues to be the scrutiny of public
spending to help Parliament hold government to
account and to improve public services. Challenges
in its environment, such as further reductions in
public spending, further devolution and localism
and changes in public services delivery models,
have required the NAO continuously to adapt and
innovate.
Three areas of innovation and current work were
highlighted by John Thorpe.
1) Increasing the flexibility and relevance of
value-for-money work.
Apart from “classic” value-for-money reports with
full conclusions, the NAO uses different approaches
depending on the circumstances, such as
programme implementation stage:
a) Landscape Reviews/Briefings
are “forward
looking” publications used to identify
areas of concern/risk and/or issue for
debate and future audit work. They do not
include value-for-money conclusions nor
recommendations.
b) Early stage/ Progress review type
reports
are carried out at the early stage of
programme implementation, and primarily
looking at inputs. These types of reports can
be used to establish a framework against
which programmes can be judged in future
value-for-money audits.
c) Comparative reviews
look at how different
departments manage similar programmes
with the aim of assessing effectiveness.
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13
d) Cross-Government Reviews
focus on
recurring issues found across government.
Their purpose is to draw general lessons,
make recommendations and can result in
“best practice guidance for departments”.
2) Increasing the use of investigations
Investigations are used to examine “what is
happening on the ground”. They can take the form
of a
retrospective examination,
establishing the
facts of a case with an average duration of 4-5
months, or larger
briefings on current issues.
Investigations cover only the establishing of key
facts – they do not include any conclusions or
recommendations. By developing such “non-
evaluative investigation reports” the NAO seeks
to produce reports quicker and at lower cost. The
impetus for investigations can be external, e.g.
individual MPs informing the NAO of suspected
misuse of funds.
3) Work on EU finances
One example of a
briefing
addressed to the UK
Parliament is the “Financial
Management of the
EU budget in 2014: a briefing for the Committee
of Public Accounts”
of February 2016. The Briefing
was subsequently the subject at a hearing at the
committee where, among others, Manfred Kraff,
Deputy Director General, Directorate-General for
Budget and Accounting Officer of the European
Commission and Phil Wynn Owen, ECA Member,
provided evidence.
The Public Account Committee’s report, the
NAO briefing and the transcript of the hearing
can be found here:
https://www.parliament.uk/
business/committees/committees-a-z/commons-
select/public-accounts-committee/inquiries/
parliament-2015/memorandum-financial-
management-eu-15-16/
During the discussion with the audience, the
comparative review “Error
and Fraud in Welfare
Programmes”
allowed the conference participants
to understand better the concepts and their use by
the ECA and NAO. The example of the review also
highlighted the importance of better use of data
since the NAO used a lot of “number-crunching”
to understand key risks in the welfare programme.
After the presentation, the NAO representatives met
with ECA colleagues from various Chambers of the
ECA.
Exchanging People
The presentation by John Thorpe was another
fruitful event in the cooperation between the two
Institutions; which this year has seen both this
high-level visit and the start of a staff exchange
programme. In the staff exchange programme
between the NAO and the ECA staff spend a year
working in each other’s institutions. Valeria Rota at
the ECA started work at the NAO in London in May
2016, and David Boothby started work at the ECA in
September 2016. Both institutions have agreed to
continue the programme in 2017.
Valeria Rota, auditor
David Boothby, auditor
John Thorpe, Executive Leader of the NAO
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44th EUROSAI Governing Board Meeting at the
European Court of Auditors
By Daniel Tibor, assistant to the Liaison Officer 
14
On 13-14 June 2016, the European Court of Auditors hosted this year’s annual meeting of the EUROSAI Governing
Board, under the Presidency of the supreme audit institution of the Netherlands.
Daniel Tibor,
assistant to the Liaison Officer
hold the next regular session of the Congress,
and the Secretary General of EUROSAI), and four
members elected by the Congress for a period of
six years
2
(two members renewable every three
years). The Heads of SAIs who are members of the
INTOSAI GB and are members of EUROSAI may be
represented at EUROSAI GB meetings as observers.
The President of EUROSAI also chairs the GB
meetings.
The Secretariat has a role in both internal and
external communication and budget issues.
It provides support to the EUROSAI members
concerning activities and procedures, hosts the
website, publishes the EUROSAI Magazine, and
disseminates EUROSAI outputs. The Secretariat is
held permanently by the SAI of Spain, which also
hosts EUROSAI’s headquarters.
Since the adoption of the Strategic Plan 2011-2017
by the VIII EUROSAI Congress in Lisbon (2011),
EUROSAI’s organisational structure comprises four
so-called Goal Teams, each mandated to implement
one of EUROSAI’s four strategic goals: Capacity
Building, Professional Standards, Knowledge
Sharing and Governance and Communication.
EUROSAI has, moreover, set up various working
groups, task forces and committees addressing
specific areas. Currently, there are three working
groups dealing with information technology,
environmental audit and the audit of funds
allocated to disaster and catastrophes, as well as
one task force on audit and ethics. In 2011, it was
also decided to establish a
Monitoring Committee
for setting up and operating the electronic data
base on good practices on audit quality.
44th EUROSAI Governing Board Meeting
The ECA hosted the 44
th
EUROSAI GB meeting
at its premises in Luxembourg on 13-14 June
2016. The meeting was attended by high-ranking
representatives of 18 SAIs. Currently, the GB
is composed of the SAIs of The Netherlands
(Presidency), Portugal, Spain, Turkey, Finland,
Moldova, Belgium and the ECA. The SAIs of
Austria (INTOSAI Secretariat), Norway (INTOSAI
Development Initiative), Poland and the Russian
2 The ECA became a member of the GB in 2011. Its mandate
finishes with the Congress in 2017.
EUROSAI – The European Organisation of
Supreme Audit Institutions
The European Organisation of Supreme Audit
Institutions (EUROSAI) is the most junior regional
group of the International Organisation of
Supreme Audit Institutions (INTOSAI).
1
Since its
establishment in 1990, with the European Court of
Auditors (ECA) as one of the founding members,
EUROSAI membership has grown significantly from
initially 30 to currently 50 members. EUROSAI’s
organisational structure comprises three standing
bodies, i.e. the Congress, the Governing Board (GB)
and the Secretariat.
The Congress is EUROSAI’s supreme decision-
making body, which is composed of all Heads
of member SAIs, and meets in ordinary session
every three years. The Head of the SAI hosting
the Congress is elected by the Congress for a
three-year term as President and official external
representative of EUROSAI.
In between the Congress sessions, the GB meets
annually to oversee the implementation of
Congress decisions, take the necessary decisions
for the functioning of the organisation, and ensure
compliance with the EUROSAI statutes. It consists
of eight members: four full-fledged members (the
Heads of the SAIs that hosted the last two ordinary
sessions of the Congress, the Head of the SAI to
1 INTOSAI groups together the supreme audit institutions (SAIs)
of 192 full members and five associated members, and it is listed
as a support organization of the United Nations. Other regional
groups within INTOSAI are OLACEFS, AFROSAI, ARABOSAI,
ASOSAI, PASAI and CAROSAI.
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15
Federation (INTOSAI GB members) form the current
group of observers. In addition to GB members
and observers, further delegations were invited
as guests representing the various EUROSAI goal
teams and working groups.
Most of the discussions at this year’s GB meeting
aimed at preparing the Congress, which will take
place next year in Turkey. Whereas the first session
focused on reporting by the chairs of the goal
teams and working groups, the second session
was mainly dedicated to points of principle such as
the future role of EUROSAI and relevant strategic
issues. It dealt with the evaluation of EUROSAI,
the role of the EUROSAI GB, the relation between
EUROSAI and INTOSAI, and the Strategic Plan of
EUROSAI for 2017-2023. The meeting fell into a
crucial period of time for EUROSAI, with the first
strategic plan drawing to an end, requiring not only
a careful assessment of its goals and achievements
but also an answer to the fundamental question of
what kind of organisation EUROSAI wants to be in
the future, and which goals it therefore needs to
address.
Self-assessment and independent evaluation
The evaluation of EUROSAI is designed as a two-
stage process including a self-assessment (phase
I) and an independent external evaluation (phase
II). Phase I started with a survey which aimed
at identifying the strengths and weaknesses
of the organisation and ways for improving its
functioning. Goal Team 4 presented the preliminary
findings of the survey to the GB, which would
indicate an overall satisfaction with EUROSAI’s
governance framework, i.e. Congress, Presidency,
GB, and Secretariat. The meeting participants
then discussed the implications of the survey
findings and the conclusions to be drawn from
the exercise. The discussion concentrated on the
implementation of the strategic goals and the
corresponding structure of EUROSAI Goal Teams.
There was a common understanding that EUROSAI
should facilitate the exchange of information,
promote and support ISSAI implementation, as well
as stimulate audit co-operation.
Notwithstanding the mostly positive feedback
from the self-assessment, GB members still saw
room for improvement and provided guidance for
the finalisation of the evaluation. They agreed to
President Caldeira’s suggestion of taking action
to tackle the identified weaknesses as soon as
the self-assessment is finalised. The findings and
recommendations should then also feed into the
process of drafting the strategic plan for 2017-2023.
GB members proposed that the external evaluation
by an independent evaluator might take the form
of a midterm review of the implementation of the
strategic plan for 2017-2023.
Strategic Plan 2017-2023
In order to prepare the strategic plan for 2017-
2023, the self-assessment survey included
questions concerning the mission, vision, values
and strategic goals as well as the future of
EUROSAI. Most respondents were satisfied with
the appropriateness and relevance of the mission,
vision and values of the organisation. Some
suggested however to redraft them to even better
fit the organisation. The debate mainly focused on
whether to maintain or reformulate the current
set of strategic goals, and on how to achieve a
more flexible organisation with lighter procedures.
President Caldeira highlighted the need for
enhanced ownership, leadership and inclusiveness,
which must be based on common values, interests,
and a clear vision, also providing for the justification
of EUROSAI as an international organisation.
The GB members supported the ECA’s proposal to
follow a three-step process for designing the new
strategy:
1. identification of goals which are relevant
and useful for the EUROSAI members;
2. definition of activities and initiatives to
achieve these goals effectively; and
3. setting out how EUROSAI should be
organised to best implement its strategic
plan.
Goal Team 4 was tasked to present a draft proposal
for the Strategic Plan 2017-2023 at an extraordinary
meeting of the EUROSAI GB to be held in Moldova
in spring 2017.
EUROSAI Governing Board
While discussing the role of the EUROSAI GB
and its relations with the EUROSAI community,
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44th EUROSAI Governing Board Meeting at the European Court
of Auditors
continued
16
participants highlighted the importance of having
transparent, open and democratic processes for
EUROSAI in general, and the GB in particular. GB
members welcomed the expectations expressed
and advocated a new understanding of the GB’s
role, notably to show more leadership, improve
effectiveness by taking decisions in a timely and
pro-active way (agility), and focus more on the
needs and expectations of EUROSAI members.
The GB committed itself to continue building and
promoting a results-based organisation (including
appropriate and flexible structures) which should
respond to the needs of its members as well as the
changes in the global context in which they operate.
EUROSAI representation at INTOSAI level
The GB of INTOSAI is composed of 18 members. It
meets annually, as is the case with the EUROSAI GB.
To ensure a balanced representation of all member
countries, each regional organisation and the main
types of public auditing systems are represented.
EUROSAI is currently represented by the SAIs of the
Russian Federation and Poland.
Since the SAI of the Russian Federation is the
designated host of the 23rd INCOSAI (2019), and
thus changing its status from an elected EUROSAI
representative to a fully-fledged member, it needs
to be replaced by another EUROSAI member for the
remaining period of its term (2016 to 2019). Six SAIs
presented their candidacy. In a secret ballot, the
EUROSAI GB voted for the SAI of Portugal to replace
the SAI of the Russian Federation.
44th EUROSAI Governing Board Meeting
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In Memoriam of Sir David Bostock,
former ECA Member
By former staff of his private office
17
Sir David Bostock (1948-2016), ECA Member from
1 January 2002 to 31 December 2013
It was with great sadness that the European Court
of Auditors (ECA) learned of the death of Sir David
Bostock on Saturday 3
rd
September 2016. Born on
11 April 1948, Sir David served as the UK Member of
the ECA from 1 January 2002 to 31 December 2013.
Before joining the ECA, David, a graduate of Balliol
College at Oxford University, had an illustrious
30 year career as a UK civil servant and diplomat,
including experience at the UK Treasury, Cabinet
Office and the permanent representation of the UK
to the EU. He was one of the UK’s most respected
and influential thinkers and policy-makers on the
EU.
As a Member of the ECA, David’s unique experience
and extensive knowledge of the EU enriched the
ECA’s work across all areas. He was dedicated to
the goal of improving the way the EU operates,
and, through his profound commitment to high
standards of public management, and his deep
engagement in and enthusiasm for all aspects of
his professional life, he inspired a generation of
ECA Members and staff alike. In his distinctive
way, David helped the ECA produce many reports
and opinions of substance that contributed to
real improvements to EU policies and spending
programmes. And as the member and Dean
responsible for audit development, he instituted
changes that led to the enduring improvement in
the quality of the ECA’s reporting.
As a colleague and friend to the ECA’s Members and
staff, David was a distinctive voice and colourful
presence. His passionate self-expression and
mastery of the language of Shakespeare was greatly
admired, and all enjoyed David’s penchant for
making historical allusions and his very British sense
of humour.
David is fondly remembered as someone who
wholeheartedly enjoyed the social life of the ECA in
Luxembourg. He was an active member of the ECA
choir, and regularly played the part of Santa Claus
at the children’s Christmas party – he would even
make sure he knew how to wish every child a happy
Christmas in their own language. And in 2008,
wearing the ECA’s team shirt, he also completed the
full marathon in Luxembourg, at the age of 60.
In his retirement, alongside devoting himself to
his family, David returned to university, taking a
Masters degree in South East Asian Studies at the
School of Oriental and African Studies (SOAS) at the
University of London. He was even part of the SOAS
team on the popular BBC TV quiz show University
Challenge.
David will be greatly missed.
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FOCUS
A
Focus
18
Special report
N°13/2016
EU assistance for strengthening the public administration in
Moldova
Moldova receives the highest amount of EU aid per inhabitant of all of the EU’s
eastern neighbours. We assessed whether EU aid had contributed effectively to
improving the country’s public administration.
We concluded that budget support had had a limited effect. The Commission
could have responded more quickly when risks materialised, and programmes
were not sufficiently aligned to Moldovan strategies. The Commission did not
make full use of its ability to set conditions for disbursement, and additional
incentive-based funds were not fully justified.
The projects we assessed were relevant, and had delivered the expected
outputs. However, they were not always well coordinated with budget support
programmes, and results were not always sustainable.
This report was published on1 September 2016 and is available on our website
www.eca.europa.eu.
Special Report
N°20/2016
Strengthening administrative capacity in Montenegro:
progress but better results needed in many key areas
In this report the Court examines whether the Commission’s support to
Montenegro has contributed effectively towards building up the administrative
capacity of the country to prepare it for membership of the EU. The Court
concludes that despite the slow progress noted in several key areas, EU pre-
accession assistance helped to strengthen administrative capacity during
the period audited (2007-2013). While EU financial and non-financial support
addressed important capacity-building needs, the Court notes cases where
weak commitment to reform by the national authorities meant outputs were
not used and planned impacts were not achieved. The Court recommends ways
in which the Commission could focus on improving results
This report was published on 6 September 2016 and is available on our website
www.eca.europa.eu.
Special Report
N°21/2016
EU pre-accession assistance for strengthening administrative
capacity in the Western Balkans: A meta-audit
The EU Western Balkan enlargement policy has dealt with six European
countries which have historically been affected by serious ethnic, political and
economic conflicts and aspire to join the EU.
The Court assessed whether the Commission’s management of the IPA in the
Western Balkans in the key areas of rule of law and public administration was
effective and whether it actually did strengthen administrative capacity in the
region. In addition, the Court examined the achievements of the EU-Western
Balkan political dialogue in strengthening administrative capacity.
This report was published on 13 September 2016 and is available on our website
www.eca.europa.eu.
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19
Special Report
N°22/2016
EU nuclear decommissioning assistance programmes in
Lithuania, Bulgaria and Slovakia: some progress made since
2011, but critical challenges ahead
The decommissioning of eight Soviet-designed nuclear reactors in Lithuania,
Bulgaria and Slovakia was a condition for the countries’ EU accession. We
found that the EU funding programmes set up to assist with meeting this
requirement have not created the right incentives for timely and cost-effective
decommissioning. While some progress has been made, key infrastructure
projects have experienced delays, and the critical challenges involved in
working in the controlled areas still lie ahead. By 2020, EU support should have
reached € 3.8 billion. The estimated total cost of decommissioning will be at
least € 5.7 billion. If the cost of final disposal of high level waste is included, this
total could double.
This report was published on 20 September 2016 and is available on our website
www.eca.europa.eu.
Special report
N°23/2016
Maritime transport in the EU: in troubled waters - much
ineffective and unsustainable investment
Seaports are a key part of the EU's trade network. Between 2000 and 2013, the
EU invested € 6.8 billion in ports. We found that the port development strategies
put in place by the Member States and the Commission did not provide enough
information to allow effective capacity planning to be carried out. This had
led to EU co-financed investments in port infrastructure being ineffective and
unsustainable, with a high risk of around € 400 million invested being wasted.
Road and rail connections to port hinterlands were often missing or inadequate,
meaning that further public funding will be needed to make the initial port
investments work well. We also found that the Commission had not taken the
necessary action in the area of state aid and customs procedures to allow ports
to compete on a level playing field.
This report was published on 23 September 2016 and is available on our website
www.eca.europa.eu.
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EU COHESION POLICY CONFERENCE
Bratislava, 15 and 16 September 2016
“Past Evidence, Current Experience and Future Perspectives”
20
On 15 and 16 September 2016, the Office of the Deputy Prime Minister of the Slovak Republic for Investment and
Informatisation Peter Pellegrini organised this international conference as the top informal event in the field of
Cohesion policy under the Slovak Presidency of the Council of the EU. The aim of the conference was to reflect
on the reform of the EU Cohesion policy under the 2014 - 2020 programme period, assess the contribution of its
new elements to the improvement of the policy, and identify its future perspectives. After the opening keynote
speeches by, among others, Peter Pellegrini and by Corina Creţu, Commissioner for Regional Policy, the first day
of the conference consisted of three successive panel discussions: Panel discussion 1: Performance and result
orientation of the European Structural and Investment Funds (ESIF), Panel discussion 2: Links between Cohesion
policy and European economic governance, and Panel discussion 3: Further simplification of Cohesion policy and
the future perspectives. Ladislav Balko, Member of ECA, took part in Panel 1 and addressed the participants on
performance and the result orientation of the ESIF based on his experience as Member of Chamber II (We publish
his full contribution which in the conference had been shortened due to time constraints). Martin Weber, Director
of Chamber II, took part in Panel 3 and presented his views and ideas on the simplification of the Cohesion policy.
The second day of the conference was divided into three parallel workshops corresponding to the topics of the
previous day’s panels.
Performance and result orientation of the European Structural and
Investment Funds (ESIF)
By Ladislav Balko, ECA Member
little or no value due to its failure to achieve the
intended objectives. Objectives must be defined
in a way that allows measuring their achievement,
using SMART criteria, i.e. Specific, Measurable,
Achievable, Relevant and Timed. ‘Achievability’
needs to strike the right balance between ambition
and realism, i.e. the criteria need to be sufficiently
challenging.
Performance in the ECA’s work
In 2014 and 2015 – the first two years of the
Multiannual Financial Framework 2014-2020 – the
vast majority of the EU Cohesion spending were
interim payments to Operational Programmes
of the 2007-2013 programme period, whose
eligibility period ended on 31 December 2015.
Therefore, despite the greater focus on results and
performance under the Cohesion policy regulations
for the current 2014-2020 programme period,
which is also acknowledged in the background
paper of the Slovak Presidency for this conference,
the ECA is not yet in possession of information as to
whether the various modifications, as being actually
implemented, indeed help reduce error rates or
improve performance. Nevertheless, I will share
with you some of the ECA’s findings concerning
performance which are of relevance also for the EU
Cohesion spending.
Ladislav Balko, ECA Member
The ECA
The ECA is the EU’s independent external auditor,
checking that EU funds are correctly accounted for,
raised and spent in accordance with the rules and
achieve value for money in accordance with the
principles of economy, effectiveness and efficiency,
or – taken together – sound financial management.
In view of our increased focus on performance,
since the financial year 2010, our Annual Report
includes besides information on regularity and
compliance also a chapter on performance. Also
expenditure which is legal and regular may bring
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21
Already in the performance chapter of the 2012
Annual Report, the ECA concluded that for many
areas the EU legislative framework was complex
and there was lack of focus on performance. We
also noted that the legislative proposals for the new
2014-2020 programme period risked remaining
fundamentally input-based (and thus expenditure
oriented) and therefore focused on compliance
rather than performance. In the 2013 Annual
Report, the ECA pointed to the problem that, for
Member States, the ‘use it or lose it’ syndrome
means that spending the available EU funds can
become of overriding importance when they select
projects for funding. In the 2014 Annual Report
(paragraph 3.59), we found that there was a weak
focus on results in the five partnership agreements
we examined: while all five did identify results, in
three of them over half of the expected results were
vague. Where results were identified, they were
usually expressed in qualitative terms, without
stating the magnitude of change.
In the performance chapters of both the 2013 and
2014 Annual Reports we dealt extensively also
with the mandatory performance reserve which is
the main incentive for Member States to focus on
performance in 2014-2020. Where performance is
deemed satisfactory, the Commission will release
the performance reserve. Where it is not, the
Member States will propose its reallocation to other
priorities. Where there is evidence that there has
been a ‘serious failure’ to meet milestones, in certain
circumstances the Commission may suspend
payment of the reserve. However, the ECA points
to the risks or design flaws of the performance
reserve: if programme priorities fail to reach the
relevant milestones, the funding represented by
the reserve is not lost to the Member State but can
be reallocated to other priorities that have reached
their milestones, which weakens the incentive
effect. Moreover, the financial sanctions open
to the Commission — suspension of payments
or financial corrections — cannot be based on
result indicators, which weakens the focus on
results. The ECA’s Special Reports have generally
not revealed significant problems with outputs
(i.e. the deliverables of a programme). Difficulties
occur at the level of results (i.e. the immediate
effects of a programme on direct addressees) and
impacts (long-term changes in society that are,
at least partly, attributable to the EU’s action).
Furthermore, the Commission’s ability to impose
financial corrections where targets have not been
achieved is limited by a number of conditions
and exceptions, such as proportionality, levels
of absorption, external factors, socioeconomic
factors, environmental factors, etc. The impact of
the introduction of the performance reserve is
therefore likely to be marginal as there are still no
real financial incentives or sanctions in the 2014-
2020 framework relating to the results achieved
with the EU funding, and despite the introduction
of the reserve there is a risk of a reversion to the
focus from performance to absorption. This would
mean a return to the 2007-2013 period mentality,
for which the ECA has found that in the selection
of projects the Member States had focused first on
the need to absorb the EU money available, second
on the need to comply with the rules, and only
thirdly and to a limited extent on projects’ expected
performance. What we say is that compliance
and performance should be given equal weight
throughout the project cycle.
EU added value
Further related concepts important in terms
of securing the best performance from the EU
funds are ‘EU added value’ and ‘deadweight’. In
our Briefing paper: Mid-term review of the MFF
2014-2020 we stated that making funds available
does not add per se EU added value, and that the
latter entails three main conditions: need of public
intervention, cost-effectiveness of budgetary
measures compared to non-budgetary measures
and demonstration that EU level spending can
secure better results than national budgets alone.
The ECA’s audits found that genuine EU added
value was often difficult to identify, particularly in
the context of shared management where most
of the budget is spent. The risk is that EU funding
is used as a substitute for national funds, thereby
releasing national resources for use elsewhere.
A linked concept, negatively affecting EU added
value, is deadweight, which refers to the extent to
which a beneficiary would have undertaken the
project even in the absence of the EU support. Our
audits noted projects which were authorised, or
even completed, before the EU funding had been
approved; this is a strong indication of deadweight.
We found examples of deadweight in our Special
Reports on the SME Guarantee Facility, on the 7th
Framework Programme for Research, and on the
Marco Polo programme to shift freight traffic off
the road. Although there was evidence that the EU
support benefited projects, the latter audit found
serious indications of deadweight: for example, 13
of the 16 beneficiaries audited confirmed that they
would have started and run the project also without
the EU subsidy. In another Special Report, on
Cohesion policy funds support to renewable energy
generation, we found that the Cohesion policy
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EU cohesion policy conference
“Past Evidence, Current Experience and Future Perspectives”
continued
22
funds for renewable energy projects had a limited
EU added value and there had been a risk of public
funding replacement in some Member States which
simply used the EU funds to complement their
national grants, as well as a risk of deadweight.
Needs assessment and proper project selection
Further relevant issues are needs assessment and
proper project selection. We reported poor project
selection in our Special Report on EU-funded
airport infrastructure. We found that there was a
need for such investments only for around half
of the projects we audited. Around a third of the
airports audited was not profitable and ran the risk
of being closed without continuous public support.
Additionally, our audit on Seaport infrastructures
found several completely empty ports in 2011, as
well as ports which were not connected to their
hinterlands, highlighting that there was no need for
some of the projects funded and an urge to spend
money so as not to lose it.
Finally, in a new product – the Landscape review
on the risks to the financial management of the EU
budget from November 2014, we stated that lack
of information on what had actually been achieved
by funding can be one of the reasons behind poor
value for money.
Pilot assessments of performance
Next to the horizontal performance chapter, our
Annual Report 2014 for the first time contained
performance related information also in two vertical
spending chapters, namely Chapter 6 on “Economic,
social and territorial cohesion” and Chapter 7 on
“Natural Resources”, in the form of a pilot exercise
assessing performance of projects completed by
year end. In Chapter 6, we assessed whether and
to what extent the objectives of the ERDF/CF and
ESF projects specified in the project application,
grant agreement, contract and/or decision for
co-financing were in line with those set out in the
Operational Programmes; and whether projects
had achieved those objectives. Our analysis focused
on project outputs and, where possible, we also
assessed the extent to which longer-term results
were achieved. We found that almost half of the
projects reached (or even exceeded) all objectives
specified. For another 30 % of the projects one or
several performance indicators specified for the
project did not attain the intended target value.
There were also some projects where the time limit
for attaining the objectives had not yet lapsed for all
of the objectives by the time of the audit, where the
achievement of objectives could not be assessed
since no relevant data was provided or where the
objectives were not in line with those specified
for the OP and the relevant priority axis. In 2 % of
the projects, none of the project objectives was
attained. These projects do not add value because
the investments are either not used or cannot be
used, and unless rectified, will represent a waste of
EU funds. Furthermore, our pilot review has shown
that performance-based funding arrangements
are an exception rather than the rule: in most
cases, failure to achieve project objectives agreed
in grant agreements had no impact on the level
of EU funding received. In Chapter 7 on “Natural
resources”, we also tested whether there was a focus
on job creation in Rural Development projects. In
a majority of projects where it would have been
possible to include job creation as eligibility or
selection condition, such a condition had not been
included, and we found no case where jobs for
young people were to be created.
We repeated this performance review in these two
chapters also in the 2015 Annual Report which will
be published soon – on 13 October. Our analysis
was broader than in 2014 because we did not focus
only on outputs of projects but also on whether
indicators have been set at project level for results
with a view to measuring their contribution to
the objective of the respective OPs. Given that
for the current 2014-2020 programme period
there is no legal requirement in the Common
Provisions Regulation for Member States to define
result indicators at project level, the possibility
and opportunity for establishing such a legal
requirement could be one of the options to explore
when designing the post-2020 framework.
I would also like to draw your attention to an
interesting article by Luc T’Joen, ECA senior
administrator, in the September issue of the
ECA’s Journal, available on our website, which
outlines further ways of possible improvements
of the value for money implemented through
the EU budget. One of them is the suggestion
for an increased use of repayable instruments
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23
(e.g. loans and guarantees), with fewer grants
which are often perceived by the beneficiaries
as ‘free money’. Furthermore, financial and
compliance audits at Member State level could
also collect more performance information from
the management systems and from projects, and
could include a focus on assessing the impact
of irregularities on performance rather than just
reporting irregularities. The article concludes
that as long as EU budget disbursements remain
largely disconnected from results and no active
efforts are made to implement real incentives
for effective spending and sanctions based on
negative performance (such as empty and unused
infrastructures), positive results will remain just a
‘noble aim’ of the EU budget.
In connection with the just mentioned possible
increased use of financial instruments, useful
lessons can be drawn also from our recent
Special Report on Implementing the EU budget
through financial instruments in the 2007-2013
programme period, in which we, among other
things, acknowledge improvements made for the
2014-2020 period for example as regards making
mandatory the performance-related management
fees and detailed ex-ante needs assessments.
Conclusion
I would conclude that, in order to ensure
achievement of real benefits of EU funding for
citizens, we must further enhance the performance
focus and culture at all levels of management. This
should start with good quality needs assessment,
defining SMART objectives for achieving results
down to project level, continue through reliable
measurement, reporting, evaluation and spreading
best practices, and end with a real threat of effective
loss of EU funding in case of failure to achieve
performance objectives.
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EU COHESION POLICY CONFERENCE
Bratislava, 15 and 16 September 2016
“Past Evidence, Current Experience and Future Perspectives”
24
Further simplification of Cohesion policy and the future perspectives
By Martin Weber, ECA Director
they so often fail: while individual proposals for
simplification can seem to be very promising,
when taken together, conflicting proposals on
how to change the regulations could well result in
additional complexity and new problems.
Moreover the political intentions of the legislators
(i.e. the European Parliament and the Council) and
the Commission have led to changes in the legal
framework which have added to the complexity of
implementing cohesion policy.
Martin Weber, ECA Director
Simplification efforts in the past
Simplification efforts in the past, both for the 2007-
2013 and 2014-2020 periods; are largely perceived
to have been a failure: most practitioners consider
the current programmes to be more difficult and
costly to implement than in the past.
Why is this so? And what do we need to do to
prevent this from happening again?
First, I believe that part of the problem may be that
we do not always understand the same thing when
talking about simplification.
- What exactly do we want to achieve? Lower
administrative costs? Easier access for
participants? Fewer errors?
- Which part of the policy cycle needs to be
simplified? Programming, implementation,
monitoring/evaluation, financial control/audit?
- Simplification for whom? Participants, national
administrations, the Commission?
Lack of clarity and political intentions of the
legislators
Lack of clarity about the ultimate intention of
simplification efforts may well be a reason why
One example of this is programming and
monitoring in our audit work. For example, in
our latest special reports on education and youth
employment, we have been able to see that the
2014-20 programmes are significantly better
aligned with EU policy objectives (such as Europe
2020) than previously. Moreover, the monitoring
obligations have been reinforced, not least with a
view to being in a better position to demonstrate
the added-value of cohesion spending to an
increasingly sceptical public in certain Member
States. It goes without saying, however, that such
changes are clearly not a simplification; they impose
a considerable administrative burden both on the
Member States and the Commission.
Eligibility conditions and the issue of ‘gold
plating’
I would like to focus on some other aspects
which we, as the European Court of Auditors, are
often confronted with when assessing whether
programmes are implemented according to the
regulations. These aspects include eligibility
conditions and the issue of ‘gold plating’.
Here, it should be recalled that simplification at EU
level does not necessarily imply simplification for
participants on the ground. Eligibility conditions are
set at national level and in many cases, difficulties
in implementing the ESI funds stem from provisions
in these national rules. These provisions are often
referred to as ‘gold plating’. However, in some
cases there is a good reason for setting out specific
conditions in the national eligibility rules: they
address specific risks that exist in a regional context
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25
and aim at avoiding problems that ultimately could
result in net financial corrections for the Member
State. So in that sense, specific conditions that
deviate from those in other regions could also be an
attempt to protect the national or regional budget
from such a risk. This is not what I would consider to
be ‘gold plating’.
In my view the issue of ‘gold plating’ of eligibility
rules should be seen from another angle: we have
noted in our audits that specific conditions and
rules are sometimes found only in EU programmes,
but not in similar national programmes.
Setting out the main eligibility conditions in
national rules, introduced in the 2007-2013
period, was however meant to be a simplification
for participants because they would be familiar
with these rules and would know how to apply
them. Obviously, the intention was not to create a
separate set of (more stringent) national rules for
EU-funded programmes. This type of ‘gold plating’
should be reconsidered because it has countered
the intentions of the legislators to simplify the rules
and creates a reputational risk for EU funds.
Public procurement and state aid
Finally, there is public procurement and state
aid. Both are EU-wide policies which have a
considerable impact on cohesion spending, and
both are often portrayed as an impediment to
simplification:
- Procurement rules are national law (since the
EU Directives only set minimum standards),
and both public authorities and participants
are obliged to comply with these rules. So
again, if there is any need for simplification,
this applies across the board. In 2014, new EU
Directives were adopted by the EP and the
Council with the aim of producing simpler
and more flexible rules, and they will need
to be transposed into national law by 2016,
and as regards e-procurement, by 2018. In
our forthcoming annual report, we observe
that the transposition in 21 of the 28 Member
States is already delayed. Moreover, we
considered in our recent special report on
this subject that some of the well-intentioned
changes are, however, likely to result in
new and additional problems, for example
in relation to consideration of social and
environmental aspects during tendering.
- In relation to state aid rules, the picture is
somewhat brighter: the 2014 reform of the
General Block Exemption Rule (GBER) is likely
to result in a significant simplification. On the
other hand, national authorities now have
greater responsibility for the approval of aid
schemes. We also noted in our forthcoming
special report that the regional aid guidelines
are in some instances still significantly stricter
than the GBER rules.
Simpler rules also prevent errors from happening.
So far, our audits since 2009 have shown that the
level of error for the 2007-2013 programming
period is considerably lower than for the 2000-2006
programming period. However, at least in my view,
this can be attributed to more (and more effective)
checks and controls by national administrations
and the Commission rather than to simplification of
rules.
Several attempts at simplification have been made
in previous years, but these efforts generally have
only had a limited impact on the regularity of
transactions. The main exception has been the
introduction of simplified cost options, which
have been used in particular for the ESF. At the
same time, increased levels of control have caused
a significant administrative burden on national
administrations and beneficiaries. Through
reinforcing first level checks and audits, we have
become better at detecting and correcting errors,
but not necessarily at making fewer errors in the
first place.
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EU cohesion policy conference
Further simplification of Cohesion policy and the future
perspectives
continued
26
Simplification through ‘benchmarking’ and
alignment of national eligibility rules?
We have recommended to the Commission that it
make use of the experience acquired in the 2007-
13 period and carry out an analysis of the 2014-
2020 national eligibility rules. This analysis should
provide guidance to Member States on how to
simplify and avoid unnecessarily complex and/
or burdensome rules that do not add value with
respect to the results to be achieved by the policy,
in particular when they result in significant and/or
recurring errors.
In our view, this kind of ‘benchmarking’ analysis and
learning from others is currently not sufficiently
used.
- Simplification through different audit
arrangements?
Simplification at EU and national level can help
to address a significant proportion of errors
that can be attributed to misunderstanding
or misapplying the often complex rules and
regulations that govern cohesion policy. But
we need to accept that some errors will occur,
to be corrected only after detection. There are
no spending programmes with ‘zero errors’.
For many years the ECA has supported the
idea that one level of control can build and
rely (subject to some limited testing and
re-performance) on the previous level. This
concept of ‘single audit’ requires a common
set of rules for all levels. In cohesion, the
comprehensive system of checks set out in
the regulations has helped to bring down the
level of errors in the past. We should therefore
be very careful not to undo a system that has
demonstrated to work well.
Currently, one of the elements of this system
is that the Commission and the national audit
authorities use a 2% materiality threshold
to assess the regularity of spending. An
extrapolated error rate of more than 2% leads
to a qualified or adverse opinion.
In our 2004 opinion on ‘single audit’, we had
already indicated that the 2% level is not
necessarily the right benchmark for judging
the Commission’s management of risk in some
areas of the budget. We therefore called for
rates of ‘tolerable risk of error’ to be proposed
by the Commission and agreed upon at the
political level.
Materiality levels are also important for
simplification, since in statistical sampling
models a higher materiality level results in a
smaller number of operations to be audited.
Therefore, if a higher materiality threshold
were to be set out in the regulations, the
audit burden for national authorities and
participants would be significantly reduced.
We, as the external auditor of the EU, could then
also consider applying this higher materiality level
provided it reflects the political intention of the
budgetary authorities to accept a higher inherent
risk to the regularity of spending in cohesion policy.
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Performance audit of large infrastructure
investment
By Luc T'Joen, senior administrator in Chamber II
27
This article focuses on transport investments, using some of the lessons
learned from recent ECA performance audits in the transport field. The
main lessons and principles can however be transposed to any other large
infrastructure investment supported by EU co-funding.
Introduction
Transport infrastructure investment is a cornerstone
of more general economic strategies primarily to
promote economic growth and create temporary
and permanent employment. Non-refundable EU
support for such investments is co-financed via two
funding streams:
- Directly managed (TEN-T and CEF
1
) expenditure
via grants: the European Commission is directly
responsible for the selection and management
of the projects via its Innovation and Networks
Executive Agency (INEA);
- “Shared management” expenditure via Cohesion
Fund (CF) and European Regional Development
Fund (ERDF) project funding (the cohesion
policy area). In this case, the Commission
transmits the amounts agreed upon through
Operational Programmes to the Member States,
whose authorities are responsible for all the
expenditure management steps (e.g. selection,
monitoring and payment).
investments. Recently, the EIB has been involved
with the Commission in the set-up of a new fund
(the European Fund for Strategic Investments, EFSI)
and innovative instruments. More information on
their products and services can be obtained via
their website.
Transport investments are believed to contribute to
economic convergence and are a widespread tool
to combat the effects of economic crises (“counter-
cyclical investments”). Politically, transport
infrastructure is desirable because the physical
results are very visible to the citizens (high electoral
power). From a management point of view, such
projects are relatively easy to manage because large
amounts of funding are spent quite quickly. From
an auditor's point of view, however, it is not always
easy to find a clear link between the EU element of
the public investment in the transport infrastructure
and its consequences, in terms of economic
performance at project level or at the higher macro-
economic level.
This article therefore tries to clarify the main issues
at stake by:
- identifying the main risks which should be
assessed when designing a performance audit;
- exploring ways of developing audit
methodologies;
- reporting on key issues such as investment
sustainability, deadweight and EU added value,
using the experience of recent ECA audits;
- establishing the connection between the
investments' inputs versus outputs, results and
impact.
Finally, this article also highlights the importance
of reaching tangible results which are worth
reporting to the stakeholders in the form of the
European Commission, Parliament and Council, and
the general public, and provides some personal
proposals for ways of influencing the quality of
EU spending through increased knowledge of
performance auditing.
Cohesion policy funding is usually provided to
bridge the economic gap (the difference in degree
of economic development) between the various
Member States, while the level of EU support is
calculated on the basis of the investment funding
gap, determined by using Cost-Benefit Analysis
(CBA) techniques.
In addition, the European Investment Bank (EIB)
is an important player, as the Bank also provides
significant amounts of investment support to large
transport infrastructures through a number of
different instruments, such as loans (refundable
instruments), guarantees, microfinance and equity
1 TEN-T = Trans-European Networks for Transport; CEF =
Connecting Europe Facility.
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Performance audit of large infrastructure investment
continued
28
Main risks usually noted when designing
performance audits of transport
The first group of items which transport
infrastructure audits identify as causing problems
for the performance of the investment are as
follows:
(i) Weak long-term strategic planning of transport
infrastructure, leaving room for less essential
investments to take priority over other more
needed ones, sometimes caused by “political”
influences on priorities and the particular
choices made;
(ii) Limited capacity building within the
entities responsible for the management of
expenditure, although managing it involves a
very large number of diverse operations and
activities, with varying forms of assistance (from
“simple” grants to “innovative sophisticated
financial engineering” instruments);
(iii) Ineffective co-ordination between the
Commission's internal departments, between
the Commission and the Member State
Ministries, and between the national and
regional authorities, combined with limited
project monitoring and limited programme
supervision;
(iv) Very general, and sometimes loosely defined,
cohesion policy objectives formulated
within an unnecessarily complex regulatory
framework, where various authorities with
different levels of competence interact with
each other to apply both EU and national rules,
the latter for additional requirements;
(v) Low, or no, focus on results, impacts and
outcomes
2
at Commission, national and
regional level;
2 Definitions (from the Court’s
Performance Audit Manual):
-
Result:
the immediate changes that arise for direct addressees
at the end of their participation in an intervention (e.g. improved
accessibility to an area due to the construction of a road);
-
Impact:
the longer term socio-economic consequences that
can be observed after a certain period after the completion of
an intervention, which may affect either direct addressees of the
intervention or indirect addressees falling outside the boundary of
the intervention, who may be winners or losers;
-
Outcome:
the change that arises from the implementation of an
intervention and which normally relates to the objectives of this
intervention. Outcomes include results and impacts. Outcomes
may be expected or unexpected, positive or negative (e.g. a
(vi) A management largely focused on the
absorption of funds made available earlier.
These regularly repeated stumbling blocks,
highlighted by on-the-spot audits of EU co-funded
transport infrastructure investments, may be
partially explained by:
- the complex policy environment of shared
management involving many entities with
different roles and responsibilities;
- the need to spend money (“use it or lose it”)
focusing on legal and financial audit matters;
- the absence of clear guidelines;
- inadequate training and capacity building; and
- low management skills or lack of local
management and monitoring resources.
These shortcomings mainly hamper the potential
effectiveness of the EU funding amounts invested,
but they can also have an impact on efficiency and
economy
3
.
In order to decide what to audit each of the three
"e-words" above must be assessed carefully and
on a case-by-case basis, by analysing the risks in
a preliminary in-depth study: it is important to
get it right from the beginning as there will be no
second chance! In addition, the design of the audit
proposal should ensure that the audit evidence to
be provided is particularly robust and convincing
in order to, wherever possible, clearly link the EU-
funded investment with the final results and impact.
Therefore, when starting a preliminary study
to assess the usefulness and feasibility of a
performance audit, particularly in a new audit field,
one should
first analyse the overall picture
(who
is responsible for what?), assess any issues arising
from this, and collect evidence on the performance
of the management of the spending framework.
Possible indicators
which could be used in this
assessment are:
- Number of entities involved in the set-up of the
3
Economy:
requiring appropriate resources to be available at the
best price,
Efficiency:
requiring the best relationship between
resources employed and results,
Effectiveness:
achieving the
intended results compared to the objectives set initially to justify
expenditure.
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29
spending framework, their responsibilities, and
their roles looking basically at whether there is
a long-term, overall, well applied and regularly
revised strategy, or not, who does what; who
coordinates with whom, etc.;
- Amounts, degree (% of overall) and trend of
spending of the EU funding over time for the
particular field;
- Quality of the indicators for that spending trend
with respect to the results obtained (if any), and
regular revision of the indicators;
- Comparison with national spending trends on
similar infrastructures: same trend, or not? If not,
why not?
- Quality, regularity and transparency of both
the Commission's and the Member States'
monitoring, supervision and reporting of the
particular framework;
- Number of entities involved in the decision-
making process (Commission, Member States,
regional and local levels), and how well they
co-ordinated before and during the process (e.g.
number of permits and authorisations needed to
start building, delivered by whom, in what order,
and under what conditions);
- Time it takes on average, and over the years,
to come to a spending decision (basically
measuring bureaucracy);
- Number of officials involved in the project/
programme implementation, and their
background, competences and capacity
assessed through the general administrative,
IT and professional training provided (to be
compared to other regional/national bodies
doing exactly the same type of work);
- Number of incidents/reports indicating
problematic issues, particularly with regard to
results obtained and their actual handling. For
example, the total absence of any such reports
is a hint that projects are implemented to spend
money and nothing else!
-
...
audit task, and if you have the time to do this or
not. However, it can prove important because from
this more global view, one can understand the
exact circumstances of the spending, and this could
deliver a first set of general risks with respect to the
overall spending framework environment.
A
good example
of the importance of having a
long-term strategic development plan in place for
the construction of infrastructures, before spending
EU-money, is provided in the special report on
seaport infrastructures
4
. Because of the general
absence of a long-term strategic port development
plan (neither the Commission, nor any of the five
Member States visited had such a plan in place at
the time of the audit, in 2010):
- several port investments were not delivering
the expected results: only 18 % of 27 randomly-
selected projects, worth in total 726 million euro
of EU-money (total cost audited 1,7 billion euro),
were considered effective,
- half of the port investments co-funded needed
further funding to make them work (to finance
necessary connections to the network, complete
missing links), and public money to complete
the works in a future phase is scarce because of
the crisis and sovereign debt problems,
-
three ports were found to be completely
empty (there was no sound business case and no
project ownership), several were heavily delayed
and many were just starting a very limited number
of operations.
This is not an exhaustive list. Nor is this exercise
always necessary. It will depend on whether you
already know the area well before you start the
4
See Special report No 4/2012: “Using Structural and
Cohesion Funds to co finance transport infrastructures in
seaports an effective investment?”
The Eu co-funded this quay in the port Campamento in Spain
with € 16,6 million. A small part of the container terminal built
is currently used to do ship repairs, and the rest is lying idle
since 2004
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Performance audit of large infrastructure investment
continued
30
Further key issues to tackle when designing
performance audits in transport
A second “bloc” of major factors leading to a risk of
inffective spending is related to:
(i) Project sustainability,
(ii) Deadweight, and
(iii) EU added value.
Each of these notions will be explained in further
detail below with links as how to assess them, and
when.
Project sustainability
Sustainability is a key issue which needs to be
tackled up front by the beneficiary. Sustainability
can be defined as “the
ability of a project to
maintain its operations, services and benefits
during its projected life time, i.e. for a long period
after project completion”.
Legally speaking, the notion of ‘durability’
(considered equivalent to the concept of
sustainability, in the sense of producing long-
lasting results), has been a legal requirement for
cohesion policy since 2000
5
since
Regulation
No 1260/1999 (Article 30.4) for the programme
period
2000-2006
developed the durability
requirement by introducing a cumulative set
of conditions constituting an infringement and
also set a five-year time limit for maintaining an
investment. This notion was reinforced over time:
for the
2007-2013
period, the general provisions
regulation6 moved the starting point for the time
limit from the date of the decision on funding to
the date of completion of the operation, which
substantially lengthened the required period (a
reduced three-year time limit was allowed for SMEs
as an exception), and a penalty was introduced for
undertakings which had transferred a productive
activity within or between Member States;
for the ESIF
2014-2020,
the common provisions
regulation
7
tightened the starting point by setting
it to the date set in the State aid decision, and adds
the relocation of a productive activity to outside the
EU as another type of infringement.
5
The first reference to durability was in Regulation No
4253/1988 (Article 24) but non-compliance was not an
infringement and there were no minimum time limits for
maintaining an investment, and no reporting requirement
6 Regulation No 1083/2006 of 11 July 2006, Article 57
To ensure sustainability, one can already define at
the planning stage exactly what the sustainable
component of a funded project would be. This can
be somewhat complex and could include not only
the continued provision of the goods, services
or facilities provided by the co-funded project to
achieve the expected project benefits, but also
– possibly- continued local action stimulated by
the project and the generation of new (successor)
services and initiatives as a result of the project
funded.
This implies that a
robust sustainability analysis
and a sustainability strategy,
incorporating the
various elements above,
are needed as early as the
design phase of a programme or project
in order
to be able to achieve long-lasting results.
Therefore, sustainability is a key concept that
should be included in the assessment of
effectiveness:
if the service engaged in as a result
of the EU-funding stops at the very moment (or
shortly after) the EU funding “well” dries up, there is
a serious effectiveness problem.
A
good example
which demonstrates that
sustainability can be at high risk if it is not properly
assessed initially comes from the performance audit
on airport infrastructure investments
8
, where 10 of
the 20 airports audited were found to be in deep
financial trouble. Some of the airports only had one
small plane flight per week and one airport audited
was not even expecting a single plane in the next
few months.
The EU co-funded the airport in Crotone (Calabria) in Italy with
€ 4,7 million (new terminal, increased apron space, investments
on the runway and taxiways, and a control tower). Because of a
change in national and regional planning, preference is given
to nearby airports. Therefore, this airport was not used at the
time of the audit visit, and there were no planes expected in the
following months.
7 Regulation No 1303/2013 of 20 December 2013, Article 71
8 See Special Report N° 21/2014, “EU-funded airport
infrastructures: poor value for money”
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31
Because of the very low number of passengers
attracted to the airports, and the very limited
number of aeroplanes landing, both of which
provide income to the airport authorities in
the form of passenger taxes and plane landing
fees, these airports will not become financially
sustainable in the long run (no chance of breaking
even). The sustainability of the EU-funding
invested is in the hands of the national or regional
authorities, who also usually have deficit problems
on their overall balance sheets. These authorities are
forced to continue to subsidise the airport accounts
with public funding, to pay the staff to keep the
airport open, and to ensure the maintenance of the
investments made. If they do not do so, the EU co-
funded investments will be revealed as useless.
Deadweight
Deadweight occurs where funding is provided to
support a beneficiary who would have made the
same choice in the absence of aid.
In such cases,
the outcome cannot be attributed to the policy, and
the aid paid to the beneficiary has had no impact.
Thus the share of expenditure which generates
deadweight is ineffective by definition,
because
it does not contribute to the achievement of the
objectives.
A
good example
of the phenomenon of
deadweight is taken from the performance audit of
the Marco Polo (MP) programmes
9
. This audit found
serious indications of deadweight because:
- 13 of the 16 beneficiaries audited confirmed that
they would have started and run the transport
service even without a subsidy;
- The programme evaluator indicated that “the
majority of the projects would also have started
without subsidy”;
- the Commission, as a manager of the
programme, indicated in its report to the
European Parliament and Council that “42 % of
beneficiaries stated that their projects would
definitely have gone ahead without MP funds”.
Thus, many transport services started up using the
Marco Polo EU funding support and once the three
years of start-up support were over the services
provided by the project funding stopped. This is
explained by the fact that:
- heavy goods are transported over long distances
by sea, rail or inland waterway for cost reasons in
any case, especially if shipments can be planned
in advance, and
- Marco Polo funding covers such a small part of
the total project cost that it cannot be seen as
a real incentive (in the 16 projects audited by
the ECA, the subsidy covered only 2,8 % of the
amount invested by the beneficiaries).
Another example was found in the ex post
evaluation of the 2007-2013 Cohesion policy
programmes giving support to large enterprises.
This report concluded that “in not less than 30 %
of cases analysed, the ERDF support has not
influenced the large firms’ investment decisions”.
Measuring deadweight is not always easy, as one
must find relevant and convincing evidence. In
the case of transport, especially in the case of rail
projects, this is relatively easy as operators need
to buy their slots on railway lines a long time in
advance, and so they will run the service, with or
without any EU funding which comes later. It is
acknowledged that this is not the case everywhere
but, given the importance of such findings, the
preliminary study should actively seek to assess
the possibilities in each field of finding convincing
evidence of possible deadweight, and determine
how to obtain this evidence.
EU added value
EU added value is another fundamental aspect to
the achievement of sound financial management.
The concept of EU added value is often used by the
Commission as a justification for EU expenditure.
The Commission has repeatedly stressed that EU
added value is a key test for justifying spending
financed by the EU Budget, and the importance of
this concept has been confirmed by the European
Parliament and the Council
10
. But without a clear
definition almost anything can be justified as worth
being EU co-funded.
When searching on the net, it is significant that not
many definitions are available. For example, the
10 See ECA Annual Report 2013, “Chapter 10: getting results
from the budget”.
9
See Special report N° 3/2013 “Have the Marco Polo
programmes been effective in shifting traffic off the road?”
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Performance audit of large infrastructure investment
continued
32
Commission, in its Health programme, defines EU
added value as “the value additional to the value
created by actions of individual Member States.
It is the result of EU support activities which are
additional to the value that would have resulted
from national or regional levels funding and can
concern coordination gains, legal certainty, greater
effectiveness or complementarities. It reflects the
broader European relevance and significance of
the action funded”.
The ECA Annual Report 2013 describes EU
added value as “the
value resulting from an EU
intervention which is additional to the value that
would have been otherwise created by Member
State action alone”
(a similar definition was
provided in Special Report No 6/2014).
In 2013, a Chamber II internal working party
developed a questionnaire to assess the notion of
EU added value. The questionnaire suggests that
EU added value can be considered present when
the EU funding support enables bigger, better
projects to be undertaken and/or implemented
sooner than would otherwise have been the case.
For example, the following questions need to be
tackled to assess the issue of EU added value:
- Is the project made possible purely through EU
funding?
- Has the EU funding been added to other
funding rather than replacing it?
- Is the project being undertaken more speedily
or on a larger scale because of the EU funding?
- Are there more beneficiaries because of the EU
funding?
- Does the EU funding produce higher project
quality?
- Does the EU funding support make it possible
to address critical issues at an early stage of the
project?
- Does the EU funding supply critical resources to
fill funding gaps?
- Does the EU funding allow other funds to be
leveraged (additional public and/or private
funds which would otherwise not have been
channelled to this project)?
-
Making funds available does not per se add EU
value. Three main conditions must be met to add EU
value: that public intervention is needed; that the
budgetary measures are cost-effective compared
to non-budgetary instruments (i.e. regulatory
measures); that EU level spending can demonstrably
secure better results than national budgets alone.
The ECA auditors should therefore try to focus on
these three particular criteria when including an EU
added value focus into their questionnaire.
A good
example
of an attempt to translate the
concept of EU added value into meaningful and
operational audit criteria, which could then be
used consistently and systematically in future
performance audits, was found in the Special Report
on renewable energy
11
. This report concluded that
Cohesion policy funds in this field had limited EU
added value, as the projects audited did not make
their full contribution to the EU’s energy objectives.
This somewhat vague conclusion already makes it
clear that meaningful and operational audit criteria
for assessing EU added value, compared to the eight
questions above, are not that easy to find and apply.
The main issue here is that, ideally, the EU
should manage a few EU projects (but of real EU
added value), rather than “a myriad of projects”
which make the Commission’s management a
virtual supervision of the Member States’ own
management of previously negotiated and
adopted programmes
“Results, or no results”, that’s the question for
the ECA (and not only in transport)
Performance audit at the ECA is about assessing
whether the money has been spent properly,
taking into account the principles of economy,
efficiency and effectiveness. There are two main
performance audit approaches, which are often
combined. The first is auditing performance directly
(assessing inputs, outputs, results, impacts and
11 See ECA Special Report N° 6/2014 “Cohesion policy funds
support to renewable energy generation — has it achieved good
results?”
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33
their relationship), and the second is auditing the
management and control systems (e.g. analysing
the adequacy of the policies and procedures
implemented by managers for promoting,
monitoring and evaluating performance).
Every year the ECA launches up to 30 performance
audits as part of its annual rolling work plan,
in line with its multi-annual strategy, after a
specific priority-setting exercise. The ECA Special
Reports reporting on those audit tasks provide
independent information to the discharge
authorities (Parliament and Council), and to the
European public as a whole, on the execution of
the EU budget. Based on its findings, the ECA also
makes recommendations to improve the financial
management of the EU funds applied. These
recommendations might involve financial savings,
better working methods, avoidance of waste, and/
or more cost-efficient achievement of the expected
policy objectives.
With respect to results,
the most common
findings of performance audits in the transport
field were that:
- In many Member States and regions, there
was no proper overall long-term planning
of infrastructure development, involving all
the stakeholders (national, regional and local
public authorities dealing with transport and
environment, private operators, users). In
addition, there was often little or no analysis of
what was already available; forecasts on future
use were limited in their quality; and analysis of
the costs and benefits of investment was often
low quality or missing completely;
- The management of EU-funded projects in the
Member States has, in many instances, been low
quality. For example:
o the project objectives did not always reflect
the EU transport policy objectives;
o the project selection was not always
transparent, with the main problems being
in the selection and award criteria and
prioritisation;
o costs were underestimated and benefits
inflated at the planning stage, while during
project implementation, delays and cost
overruns were the rule rather than the
exception;
o project monitoring by Managing Authorities
was rather superficial because it only related
to physical outputs instead of assessing the
results achieved, and
o the Commission’s supervision was often
inadequate or too distant to ensure effective
spending, and supervision was not based
on relevant indicators (only output-related
indicators at project level).
- There is a lot of bureaucracy at national level
when implementing transport projects.
Numerous authorisations were needed, such as
building permits, cultural and archaeological
authorisations, and environmental impact
assessments. Bureaucratic hurdles include calls
for tenders ending in national courts and court
appeals on land expropriation decisions. In
many cases, this bureaucracy caused long delays
beyond the initial deadlines, and the loss of the
highly desirable project ownership resulting in
failure to implement highly desirable projects.
A
good example
was the seaports audit report
which was explicit on these facts: delays of
up to 22 years (in Greece) and 33 different
authorisations (in Italy) were noted as the worst
cases within the audited projects.
The main visual effect of this
is that a lot of
infrastructure
has been built (for example: port
quays, airport terminals, stretches of road...) which
at the time of the audit some years after is
either
unused, or severely underused.
While it is clear
that transport infrastructure usually needs some
time to be fully deployed and used, the EU co-
funded infrastructures were often the result of
inadequate needs assessments using optimistic
forecasts, unrealistic objectives, and an improper
balance of costs and benefits., In many instances
the investments were made with the main goal
of absorbing money allocated years before. Huge
delays, important cost overruns, and loss of project
ownership were some of the main reasons for many
of the cases of ineffective spending observed.
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Performance audit of large infrastructure investment
continued
34
Even if the overall framework allows cost allocations
to be rescheduled within Operational Programmes,
the reality is that for many large infrastructure
projects receiving EU investment, the EU-funding is
neither effective, because the expected objectives
are not achieved, nor efficient, because the input/
output and result ratios are not good. Moreover,
nobody (not the Managing Authorities, or the
Commission) really felt accountable or responsible
for this disappointing result.
This, however, has an important “opportunity
cost”
because the same money could have been spent
on another more effective, operational or useful
project for the region (e.g. a school, a home, a
hospital etc. could have been built instead of, for
example, an empty port quay). This is detrimental
not only because the money itself is not used well,
but also negatively affects the image of the EU and
the support it gives to regions, since journalists and
anti-Europeans prefer to report on “bad” cases, and
do not focus on good ones, as there is “no story to
tell”.
Impact: what can be measured and assessed,
and what cannot?
With regard to impact, the usual reason for
requesting cohesion funding is “to create/boost
local employment” or, even worse, “to increase the
regional GDP/GNI”. Believe it or not, the latter was
actually found regularly in applications for EU co-
funding support.
One indicator for measuring the impact on GDP/
GNI at regional level could be to assess “Foreign
Direct Investments” (FDI) in the years after the
investments took place. Income of capital, increases
in tax revenue, innovation transfer and job creation
are all advantages of FDI. However, it is almost
impossible to find links at project level with an
improved situation at the more macro-economic
regional GDP/GNI level (unless the region is very
small, and the project is very big). Such links could
only be provided at ex post evaluation level, with
the necessary disclaimers and an appropriate
methodology to avoid biases. And even at that
level, it is uncertain whether the results can really
be attributed to the project(s) and to the EU co-
funding for these projects.
For example,
empirical evidence from 45
companies surveyed through the ex-post
evaluation of the Cohesion policy programmes
for large enterprises
12
concluded that the 2007-
2013 ERDF and CF support typically acted as a
pre-condition for investment by large enterprises
which created jobs, while the main influencing
factors were the long-term corporate strategy, the
local industry structure and the availability of good
transport infrastructure. Although the monitoring
data confirmed that the target of the number of
jobs created for large enterprises was achieved, the
positive outcome could only be partially attributed
to the EU programmes because of the “weak
causal link between the ERDF support and project
implementation”.
Similarly, the famous “leverage
effect”,
also known
as the “multiplier
effect”
is difficult to assess, as
the projects supported are usually very different in
size and complexity, and have input from various
sources. A recent study
13
indicated that:
- good institutional conditions appear to be a pre-
condition for well-targeted and economically
profitable investment in infrastructure;
- investment in small-scale projects enhancing
intra-regional connectivity is paying off,
especially in less advanced regions with effective
and accountable governments.
- ...
To sum up: assessing the impact of projects is not
an easy task in itself. Only a well-defined, strategic,
study with an appropriate methodology and
sampling can provide useful insights for future
reference.
12
Ex-post evaluation of Cohesion policy programmes 2007-
2013, Work Package 4. KPMG/Prognos, 2016
13
Government quality and the economic returns of transport
infrastructure investment in European regions (London
School of Economics – 2016)
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35
Assessing impact is nevertheless particularly useful
and important if and when it tackles the main
reason for the funding. For example, the Marco Polo
programme funding
14
was supposed to support
the EU transport policy goals of diminishing the
environmental side-effects of freight transport,
easing road congestion and improving road safety.
To do so, it had a budget of 552 million euro to fund
projects to counter the rise in international
14
See Special report N° 3/2013 “Have the Marco Polo
programmes been effective in shifting traffic off the road?”
road freight transport by shifting the expected
aggregate increase to railways, inland waterways
and short sea shipping, or a combination of those
transport modes.
When looking at the available data at Eurostat level
on the use of the transport modes over time, one
notices immediately that the programme funding
did not produce its intended effects (see Figure 1).
Figure 1: Impact of Marco Polo Programmes on the use of road transport in Europe
(Source: ECA compilation of Eurostat data)
14
See Special report N° 3/2013 “Have the Marco Polo
programmes been effective in shifting traffic off the road?”
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Performance audit of large infrastructure investment
continued
36
In addition, even more worrying is the fact that
at project level,
there is hardly any information,
data or evidence available to audit, not even on
the direct jobs created, far from being able to
determine the indirect and induced employment
effects
15
. The only data available in some of the
audits were the “direct, temporary jobs during
construction”.
A good example
was the most recent (2016)
maritime transport performance audit which
assessed the impact of EU funding of the
infrastructure investment projects audited on job
creation in 19 port areas. The results showed that:
o most ports had some figures for job creation at
port level and project level, but there was no
common methodology for estimating these
job figures, and they were provided on an ad-
hoc rather than an annual basis. The reliability
of the figures could not be confirmed and the
methodological issue rendered the comparison
of the data with the other audited ports useless,
and
o there is little willingness or ability within the
Member States or port authorities to invest
substantial financial and human resources in
developing yearly, detailed and externally valid
data on these employment and added value
indicators.
The main lesson is that although the idea of
measuring the impact and outcomes of EU funding
for projects is a noble aim, in order to determine
whether EU support has really helped to create jobs,
the practical experience obtained through auditing
in the transport field (one of the major domains for
expenditure) has shown that despite the fact that it
might be very politically desirable to demonstrate
the added value and positive effects of EU support,
it is not easy to establish clear results because
the limited data available and the way the data is
gathered.
The main suggestion for auditors when setting
up a performance audit of transport in particular
would therefore be: if there is a need to include a
question on the job creation or higher level impact
of EU-funding in your questionnaire, limit yourself
to assessing the quality of any evidence made
available by the auditee and the methodology
applied to obtain it, in order to assess whether you
can safely report on it or not. If not, then only report
that there is no data available to avoid jeopardising
report quality.
Conclusions
This article reported on the lessons learned from
auditing the performance of significant investments
in various modes of the transport sector. It provided
important lessons which can be taken up in other
sectors as well, with respect to the methodology
for conducting your preliminary study, assessing
risks ahead and for tackling important topics such
as sustainability, deadweight and EU added value
which regularly arise when analysing much EU
expenditure.
In addition, it is important to measure and report
upon the actual results. No matter what the
spending rhythm and trend may be in a certain
field, the actual, visible results are important and
good and bad (and sometimes ugly) cases need
to be reported to improve future spending in the
given area.
Finally this article has also dealt with the link
between EU funding and more general impacts and
outcomes, including aspects such as the “leverage
effect”, using recent studies. The main issue here
is that there is usually little or no data available
ex post as evidence or support for the ambitious
declarations made to obtain the EU funding at
project application stage.
While getting EU money is one thing, obtaining
results are another, and they are (and should be)
connected.
Or, as Winston Churchill once said
“However beautiful the strategy, you should
occasionally look at the results.
15
Definitions used:
“direct
jobs”
is the creation of employment measured in
Full-time Equivalents (FTEs) directly related
to the port activity;
“indirect
jobs”
are those jobs generated in the national
economy as the result of local purchases by firms (not
individuals) directly dependent upon the port activity,
whereas
“induced
jobs”
are jobs created locally because of
purchases of goods and services by directly employed
individuals.
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37
Quoted sources
CIPRIANI, GABRIELE (2013)
Final Report of the Working Party on “EU added value” (with
Annex)
12.7.2013.
CRESCENZI, RICCARDO; DI CATALDO, MARCO;
RODRÍGUEZ-POSE, ANDRÉS (2015)
Government quality and the economic returns of transport
infrastructure investment in European regions
London School of Economics, 52 p.
EUROPEAN COMMISSION - Directorate-General for
Regional and Urban Policy
Ex-post evaluation of Cohesion policy programmes: 2007-2013
- Work Package 4. KPMG/Prognos, 2016
EUROPEAN COURT OF AUDITORS (2012)
Special report N° 4/2012: “Using Structural and Cohesion Funds
to co finance transport infrastructures in seaports: an effective
investment?
EUROPEAN COURT OF AUDITORS (2013)
Special report N° 3/2013: “Have the Marco Polo programmes been
effective in shifting traffic off the road?”
EUROPEAN COURT OF AUDITORS (2014)
Annual Report 2013: “Chapter 10: getting results from the
budget”
EUROPEAN COURT OF AUDITORS (2014)
Special Report N° 6/2014: “Cohesion policy funds support to
renewable energy generation: has it achieved good results?”
EUROPEAN COURT OF AUDITORS (2014)
Special Report N° 21/2014: “EU-funded airport infrastructures: poor
value for money”
Regulation 1083/2006
Council Regulation (EC) No 1083/2006 of 11 July 2006
laying
down general provisions on the European Regional Development
Fund, the European Social Fund and the Cohesion Fund and
repealing Regulation (EC) No 1260/1999
Regulation 1303/2013
Regulation (EU) No 1303/2013 of the European Parliament
and of the Council of 17 December 2013
laying down common
provisions on the European Regional Development Fund,
the European Social Fund, the Cohesion Fund, the European
Agricultural Fund for Rural Development and the European
Maritime and Fisheries Fund and laying down general provisions
on the European Regional Development Fund, the European Social
Fund, the Cohesion Fund and the European Maritime and Fisheries
Fund and repealing Council Regulation (EC) No 1083/2006
Regulation 4253/1988
Council Regulation (EEC) No 4253/88 of 19 December 1988,
laying down provisions for implementing Regulation (EEC) No
2052/88 as regards coordination of the activities of the different
Structural Funds between themselves and with the operations of
the European Investment Bank and the other existing financial
instruments
The ECA has launched the
EKA (Enabling Knowledge for Audit) initiative
with the aim of promoting a corporate culture of knowledge-sharing and
collective learning. An important part of this initiative in the praparation of
Subject Briefs in which staff members set out and share their professional
knowledge on specific subjects.
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© European Union, 2016
Reproduction is authorised provided the source is acknowledged/Reproduction autorisée
à condition de mentionner la source
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ISSN 1831-449X
Main Contents
02
05
08
11
13
INTERVIEW WITH VÍTOR MANUEL CALDEIRA, LEAVING ECA PRESIDENT
INTERVIEW
WITH KLAUS-HEINER LEHNE, THE NEWLY APPOINTED ECA PRESIDENT
REFLECTIONS BY LOUIS GALEA, LEAVING ECA MEMBER
THE ECA AND THE NAO: EXCHANGING KNOWLEDGE AND PEOPLE
44TH EUROSAI GOVERNING BOARD MEETING AT THE EUROPEAN COURT OF AUDITORS
For more information
European Court of Auditors
12, rue Alcide De Gasperi
1615 Luxembourg
LUXEMBOURG
[email protected]
eca.europa.eu
@EUAuditorsECA
EUAuditorsECA
QJ-AD-16-009-2A-N