1. On 10 November 2016, the complainant wrote to the European Commission complaining about a number of difficulties he had encountered within the context of the implementation of tender procedure EuropeAid/136555/IH/SUP/TR[1] by the Turkish Ministry of Labour and Social Security, (the ‘Contracting Authority’). In his complaint, he also raised a more general issue regarding the Commission’s supervisory role in contracts organised under ‘indirect management´[2].

2. In December 2016, the Commission noted that both the complainant and the Contracting Authority were doing what was necessary to solve the problems, and encouraged the complainant to carry on these efforts until the contract was fully executed. It added that all queries should be addressed directly to the Contracting Authority, which was the one responsible for all contracts that it managed. Unhappy with this reply, the complainant turned to the Ombudsman.

3. The Ombudsman considered that the Commission’s response did not address the specific issues raised by the complainant. Thus, on 11 August 2017, the Ombudsman’s team[3] asked the Commission to reply to the complainant’s concerns regarding the tender procedure in Turkey and to explain in more detail its role under indirect management.

4. On 28 September 2017, the Commission replied to the complainant’s specific questions about the tender and gave the complainant a general explanation regarding its role under indirect management.

5. As the complainant has now received a reply to his queries, the Ombudsman considers the matter to be solved. The Ombudsman, therefore, closes the case[4]. 

 

Lambros Papadias

Head of Inquiries - Unit 3

Strasbourg, 23/02/2018

 

[1] Tender for Supply of Equipment for “Garment Training and Entrepreneurship Initiative (GATE for Women) https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?ADSSChck=1450431890532&do=publi.detPUB&aoref=136555&userlanguage=en

[2] Under indirect management, the European Commission entrusts budget implementation tasks to: partner countries (or to bodies designated by them), international organisations, development agencies of EU Member States and other bodies. More info: https://ec.europa.eu/europeaid/funding/about-funding-and-procedures/audit-and-control/pillar-assessments_en

[3] This complaint has been dealt with under delegated case handling, in accordance with Article 11 of the Decision of the European Ombudsman adopting Implementing Provisions

[4] If the complainant considers that the institution’s reply is not satisfactory, it is open to him/her/it to make a new complaint to the Ombudsman.