Opinion from the European Commission on the inquiry

Langues disponibles : es.da.de.el.en.fr.it.nl.pt.fi.sv
  • Affaire : OI/5/99/(IJH)GG
    Ouvert le 3 déc. 1999 - Décision le 16 févr. 2001
  • Domaine(s) juridique : Questions générales, financières et institutionnelles,Droit d'établissement et libre prestation des services
  • Allégations de mauvaise administration - i) violation de, ou ii) violation des obligations liées à : Légitimité (application incorrecte des règles concernant le fond ou la procédure) [Article 4 CEBCA],Délai raisonnable dans la prise de décision [Article 17 CEBCA]

Comments of the Commission on a request for information from the European Ombudsman - Own initiative inquiry, ref. OI/5/99/IJH

 

The Commission would like to bring the European Ombudsman up to date on the actions which it has undertaken on the issue of payment delays.

The Commission can provide the Ombudsman with the following information which does, however, constitute only a provisional answer.

The Commission would also remind the Ombudsman of the studies carried out in this matter.

An outside study was commissioned and Grant Thornton submitted a report in September 1998.

In December 1999, an ad hoc group was set up in the financial units network with the following remit:

"In the light of the recommendations made by Grant Thornton in their study on the Commission's payment delays, the group's objectives will be:

  • to produce a typology of Commission payments with a view to identifying the categories of transactions to which the 60-day rule must apply;
  • to define, in the handling of payment files, the specific responsibilities of the operational units and the financial units within authorising Directorates-General and to propose any changes which may be required to the contracts arrangements to reflect clearly this separation of responsibilities;
  • to set, for all categories of payment where the deadline needs to be checked, a clear and indisputable date from which the payment delay is to run;
  • to propose any measure concerned with administrative organisation or computer support which might help to shorten actual payment delays or facilitate monitoring;
  • to draft a memorandum to the Commission setting out the conclusions of the group's work and making recommendations to departments."

The group's findings, due for late March, combined with the recommendations of the Grant Thornton study should prompt an internal reorganisation according to a single set of guidelines. One of the measures will be the appointment in each Directorate-General of a "payment delays Officer" who will report regularly to the Director-General on the situation regarding payment delays. This person would also be responsible for dealing in the first instance with any complaints about excessive payment delays.

In the context of the work we would also like to examine with the Ombudsman's services the individual cases which he sent to the Commission.

The Commission will inform the Ombudsman of the substance of the group's findings when they have been studied by the Commission.

 

The Commission would like to bring the European Ombudsman up to date on the actions which it has undertaken on the issue of payment delays.

The Commission can provide the Ombudsman with the following information which does, however, constitute only a provisional answer.

The Commission would also remind the Ombudsman of the studies carried out in this matter.

An outside study was commissioned and Grant Thornton submitted a report in September 1998.

In December 1999, an ad hoc group was set up in the financial units network with the following remit:

"In the light of the recommendations made by Grant Thornton in their study on the Commission's payment delays, the group's objectives will be:

  • to produce a typology of Commission payments with a view to identifying the categories of transactions to which the 60-day rule must apply;
  • to define, in the handling of payment files, the specific responsibilities of the operational units and the financial units within authorising Directorates-General and to propose any changes which may be required to the contracts arrangements to reflect clearly this separation of responsibilities;
  • to set, for all categories of payment where the deadline needs to be checked, a clear and indisputable date from which the payment delay is to run;
  • to propose any measure concerned with administrative organisation or computer support which might help to shorten actual payment delays or facilitate monitoring;
  • to draft a memorandum to the Commission setting out the conclusions of the group's work and making recommendations to departments."

The group's findings, due for late March, combined with the recommendations of the Grant Thornton study should prompt an internal reorganisation according to a single set of guidelines. One of the measures will be the appointment in each Directorate-General of a "payment delays Officer" who will report regularly to the Director-General on the situation regarding payment delays. This person would also be responsible for dealing in the first instance with any complaints about excessive payment delays.

In the context of the work we would also like to examine with the Ombudsman's services the individual cases which he sent to the Commission.

The Commission will inform the Ombudsman of the substance of the group's findings when they have been studied by the Commission.