Select Committee on European Scrutiny Twentieth Report


16  FINANCIAL MANAGEMENT

(28488)
7687/07 
+ ADD1
COM(07) 118
Member States' replies to the Court of Auditors' 2005 Annual Report: Commission Report


Legal base
Document originated21 March 2007
Deposited in Parliament 28 March 2007
DepartmentHM Treasury
Basis of consideration EM of 16 April 2007
Previous Committee Report None
To be discussed in Council Not known
Committee's assessmentPolitically important
Committee's decisionCleared

Background

16.1 The Commission is obliged to inform Member States of the references to them in the annual reports of the European Court of Auditors and to invite them to respond. The Commission publishes annually a report on those responses.

The document

16.2 In this document the Commission reports on the responses of Member States to the references to them made in the European Court of Auditors' 2005 Annual Report.[41] The Commission gives examples of general comments that Member States made on the overall audit approach, provides a summary of Member States' responses to specific observations of the Court and presents the Commission's conclusions. The staff working document accompanying the report summarises all the general and specific responses from Member States.

16.3 Reactions to the Court's latest report show that Member States once again disagreed with a significant number of findings which were used by the Court as the basis for it being unable to give a positive statement of assurance. The main results of the Commission's analysis of Member States' responses are:

  • Member States tended to agree more with the Court's findings made in relation to agricultural policy than to structural actions;
  • substantive findings in which the Court deemed the total amount of the transactions in error were more than twice as prevalent in structural actions than in agricultural policy;
  • a discrepancy between the size of a field as measured by the Court and the area claimed by the farmer was the most prevalent substantive findings in agricultural policy. Member States accepted more than 80% of these findings; and
  • absence of essential supporting documents was the most common substantive finding in relation to structural actions. Member States accepted less than 40% of these findings.

16.4 The Commission also notes that:

  • Member States sometimes indicated corrective actions, such as providing missing documentation or issuing better guidelines or instructions, taken in instances where the Member State agreed with the Court's findings;
  • depending on the outcome of the recovery procedures, the final financial impact may be considerably smaller than that estimated by the Court; and
  • several Member States argued that the rules governing the structural measures were open to various interpretations.

16.5 The Commission draws attention to what it suggests is a significant timetabling matter in relation to the 2005 audit procedure:

  • the Court must prepare its annual report and statement of assurance within an extremely tight Treaty imposed deadline — in 2005, because of introduction of the new Financial Regulation the already tight timetable was shortened by a month;
  • although the Court is the external auditor only for the Commission, in practice Member States implement around 80 per cent of the Community Budget. So feedback from Member States is of importance to the Commission when preparing its replies which are published in the annual report together with the Court's observations; but
  • the Commission had not received feedback from all Member States by the time the report was finalised, so that some issues identified in the Court's 2005 report, including at least one that received considerable media attention, were subsequently resolved.

16.6 The Commission's conclusion in the report identifies several issues which it says need further consideration:

  • the Court needs political guidance from the European Parliament and Council as to the acceptable level of risk, which should also take into consideration the costs and benefits of controls;
  • the strictly annual nature of the statement of assurance exercise may lead the Court to over-estimate the financial impact of error on the Community budget as the Court takes no account of corrective actions taken subsequently by Member States; and
  • communication between the Court and Member States during preparation of the Court's annual report should be improved, to deal with issues such as timetabling and common interpretations of audit procedures.

The Government's view

16.7 The Economic Secretary to the Treasury (Ed Balls) says the Government welcomes the Commission's report and reminds us that we were sent a copy of the Government's response in December 2006.[42] He comments that considering responses of Member States alongside the Court's own findings improves understanding of the problems encountered in management of the Community budget and says that the Government broadly shares the conclusions drawn by the Commission in its report.

Conclusion

16.8 This report gives useful background to the preparation and conclusions of the European Court of Auditors' 2005 annual report and more generally to the audit process. Thus, whilst content to clear the document, we draw it to the attention of the House.




41   (28017): see HC 41-v (2006-07), para 1 (10 January 2007) and Stg Co Deb, European Standing Committee, 26 February 2007, cols. 3-28. Back

42   See annex in HC 41-v (2006-07), para 1 (10 January 2007). Back


 
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