Decision of the European Ombudsman on complaint 492/2000/(IJH)BB against the European Commission

Dear Mr P.,
On 31 March 2000, you sent an e-mail to the European Ombudsman concerning the LIFE-Environment Project "Lake Pyhäjärvi Restoration Project - Tool Development". On 10 April 2000, you confirmed that you wanted the Ombudsman to deal with the matter as a complaint.
On 17 May 2000, I forwarded the complaint to the President of the European Commission. On 25 August 2000, the Commission sent an opinion on your complaint and I forwarded it to you with an invitation to make observations, which you sent on 16 October 2000.
I am writing now to let you know the results of the inquiries that have been made.

THE COMPLAINT

In 1997 the Commission initiated the LIFE-Environment Project "Lake Pyhäjärvi Restoration Project - Tool Development". The project was to run until the end of October 2000. The total cost is FIM 7.9 million, of which the Community contribution is FIM 3.6 million. The first instalment of 40 % of the Community contribution was paid as expected at the beginning of 1998. The second instalment of 40 % was supposed to be paid following approval by the Commission of an interim report. The interim report, including all required financial data was sent to the Commission on 15 December 1998. The Commission gave no reaction to the report and despite making several inquiries, the complainant received neither a further payment nor an explanation of why the payment was delayed. On 2 December 1999, the complainant received a fax from DG ENV.B4 asking for the beneficiary's bank account number. The complainant replied promptly, but nothing further happened.
The complainant alleges that the Commission:
(i) did not react following the submission of the interim report on the project on 15 December 1998;
(ii) despite several inquiries has neither made a further payment nor explained why the payment is delayed.

THE INQUIRY

The Commission's opinion
In its opinion the Commission made the following points:
The Commission confirmed the facts as the complainant presented them. Furthermore, the Commission explained that the post as desk officer for LIFE Environment projects in the Nordic Countries (Denmark, Finland and Sweden) was vacant during the period of September 1998 - December 1999 as a result of administrative procedures and a lack of candidates with the necessary linguistic requirements. The absence of a desk officer combined with a very high workload for the other country desks has led to considerable delays in the evaluation and processing of files from Finland, Denmark and Sweden which most of the time require specific linguistic skills.
As to the complaint, the Commission explained that since December 1999 there has been a new desk-officer for the Nordic countries and the backlog with outstanding issues is constantly being reduced. With regard to the issues related to project LIFE96ENV/FIN/68 progress has been made during the last months:
- Following exchanges of e-mails, a project extension and a modification of the budget, as requested by the beneficiary, have been elaborated and agreed upon (official acceptance by the beneficiary dated 28 January 2000 and 5 May 2000, respectively).
- the payment request for the interim payment has been reviewed and the transfer of the amount due to the beneficiary's account was made on 8 June 2000.
In its opinion the Commission made the following points:
The Commission confirmed the facts as the complainant presented them. Furthermore, the Commission explained that the post as desk officer for LIFE Environment projects in the Nordic Countries (Denmark, Finland and Sweden) was vacant during the period of September 1998 - December 1999 as a result of administrative procedures and a lack of candidates with the necessary linguistic requirements. The absence of a desk officer combined with a very high workload for the other country desks has led to considerable delays in the evaluation and processing of files from Finland, Denmark and Sweden which most of the time require specific linguistic skills.
As to the complaint, the Commission explained that since December 1999 there has been a new desk-officer for the Nordic countries and the backlog with outstanding issues is constantly being reduced. With regard to the issues related to project LIFE96ENV/FIN/68 progress has been made during the last months:
- Following exchanges of e-mails, a project extension and a modification of the budget, as requested by the beneficiary, have been elaborated and agreed upon (official acceptance by the beneficiary dated 28 January 2000 and 5 May 2000, respectively).
- the payment request for the interim payment has been reviewed and the transfer of the amount due to the beneficiary's account was made on 8 June 2000.
The Commission apologised for the delays which occurred during the absence of a desk officer responsible for LIFE Environment projects in Finland and assures that in the light of the changed circumstances these previously encountered delays will be significantly reduced.
The complainant's observations
In his observations the complainant noted with satisfaction that the Commission admitted the unsatisfactory handling of the interim payment and has taken steps to avoid similar situations in the future.

THE DECISION

1 Alleged failure to react and to give reasons for the delay of the second instalment
The complainant alleged that, the Commission did not react following the submission of the interim report on the project on 15 December 1998. Furthermore, he alleged that the Commission has not explained why the payment was delayed. In its opinion the Commission explained that the absence of a desk officer combined with a very high workload for the other country desks led to considerable delays in the evaluation and processing of files from Finland. The Commission apologised for the delays, which occurred during the absence of a desk officer responsible for LIFE Environment projects in Finland. In its opinion to the Ombudsman, the Commission gave reasons for the delay of the second instalment. On 16 October 2000, the complainant expressed his satisfaction with the outcome. The Commission has therefore taken steps to settle the matter and has thereby satisfied the complaint.
2 Alleged failure to pay the second instalment
The complainant alleged that, after the first instalment, the Commission had not made any further payment although the second instalment was due. In its opinion the Commission has explained that the transfer of the amount due to the beneficiary's account was made on 8 June 2000. On 16 October 2000, the complainant expressed his satisfaction with the outcome. The Commission has therefore taken steps to settle the matter and has thereby satisfied the complaint.
3 Conclusion
It appears from the European Commission's opinion and the complainant's observations that the Commission has taken steps to settle the matter and has thereby satisfied the complaint. The Ombudsman therefore closes the case.
The President of the European Commission will also be informed of this decision.
Yours sincerely
Jacob Söderman