Select Committee on European Scrutiny Third Report


37 Annual accounts of the European Monitoring Centre on Racism and Xenophobia for 2003

(26213)

15805/04

Court of Auditors Report on the Annual Accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2003

Legal base
Deposited in Parliament10 December 2004
DepartmentHome Office
Basis of considerationEM of 16 December 2004
Previous Committee ReportNone
To be discussed in CouncilNot applicable
Committee's assessmentPolitically important
Committee's decisionCleared

Background

37.1 The European Monitoring Centre on Racism and Xenophobia (EUMC) was established in 1997. Its operations are still governed by Council Regulation (EC) 1035/97, under which it was originally established. The main task of the Centre is to collect reliable and comparable data at European level on the phenomena of racism, xenophobia and anti-Semitism to help the Community and its members to take account of their effects when they take measures or formulate courses of action within their respective spheres of competence.

37.2 Under Article 12(10) of Council Regulation 1035/97 the Centre has to forward accounts for its revenue and expenditure for each financial year to the Commission and the Court of Auditors.

The document

37.3 The document consists of the Court of Auditors' Report on the annual accounts of the EUMC for the financial year ended 31 December 2003. The Court concludes that the accounts are reliable and that the underlying transactions are, taken as a whole, legal and regular.

37.4 The Court does, however, draw attention to some areas of concern. These are in particular:

  • The award of three contracts to the same supplier without following the correct procedures.
  • The level of appropriations carried over remained high, although it has been reduced from 40% in 2002 to 36% in 2003.
  • A large cancellation of appropriations carried over at the end of the year. Of those carried over from 2002 to 2003, 20% (€1.5m) were cancelled at the end of the year.
  • Violating the principle of budget unity by failing to amend its budget to include funds received via PHARE (one of the three pre-accession instruments financed by the EU to assist the applicant countries of Central and Eastern Europe in their preparation for joining the EU) for a project to create an information network for accession countries.
  • Failure to establish an efficient system for managing and monitoring revenue to be collected leading to delays in the issue of recovery orders and recovery of VAT. For example, the recovery orders for Austria's reimbursement of rent for the period May to August 2003 had not been drawn up and VAT of €333,474 paid in 2000 has still not been recovered. Another VAT reimbursement of around €78,000 had not been included as budget revenue.
  • Limited competition between candidates for internal posts.

37.5 The Court's report also contains the responses by the EUMC to the Court's criticisms. In summary, these are as follows:

  • First, the EUMC agrees with the Court's observation on the awards of the three contracts. As a result, internal controls at the Centre have been reinforced with the introduction of a procurement helpdesk and additional training.
  • The EUMC has promised to continue its efforts to reduce the level of appropriations carried over. However, the Centre believes that the execution of the budget and implementation of the work programme were again affected adversely by the low level of payment appropriation available to them during this period.
  • The Centre also agrees with the observation in respect of the high level of cancellation at the end of the year of appropriation and has taken appropriate measures to prevent this reoccurring in future.
  • The Centre has included the PHARE project budget in its amended budget for 2004.
  • The EUMC agrees about the need to establish an efficient system for managing and monitoring revenues to be collected and has taken measures to improve the controls over the creation of recovery orders. The outstanding VAT was settled in June 2004. Regarding the €78,000, it has amended its budget accordingly and VAT is now analysed on a regular basis.
  • Finally, on the issue of limited competition for internal posts, the Centre notes that internal competitions are not an infringement of its staff regulations. However, given the small size of the EUMC, it was decided that internal competitions will only be held if a certain level of competition is guaranteed.

The Government's view

37.6 In her Explanatory Memorandum of 16 December 2004, the Parliamentary Under-Secretary of State at the Home Office (Caroline Flint) helpfully summarises the Court of Auditors' main observations and the EUMC's replies to these. However, the Minister neither comments on the criticisms made by the Court of Auditors nor addresses the issue of the adequacy of the Centre's final responses.

Conclusion

37.7 We are grateful to the Minister for her helpful summary of the contents of the Report. We were surprised, however, that the Government chose not to comment on either the Court of Auditors' criticisms of the European Monitoring Centre or the Centre's final responses to the report. We would be grateful if the Minster could do so and, in particular, address the issue of whether the Auditors' criticisms have been adequately addressed in the Centre's response.


 
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Prepared 27 January 2005