13/03/2012 - - General
5th European EBF Seminar External Borders Fund – How to Meet Public Procurement Obligations

31 May 2012, Berlin

Non-compliance with EU public procurement rules is one of the most frequent reasons for errors in EBF funding

As part of EU’s General Programme “Solidarity and Management of Migration Flows” (SOLID) the use of the External Borders Fund (EBF) has not only to comply with the specific rules of the SOLID Programme and those of the EBF in particular but also with the general EU regulations on public procurement.

It is the obligation of the designated authorities – Responsible Authority (RA), Delegated Authority (DA), Audit Authority (AA) and Certifying Authority (CA) – to supervise, monitor and control public procurement under the EBF. It plays an essential role in ex-ante controls, eligibility of expenditure, calls for proposals and tendering, awarding of contracts, project evaluation and selection, documentation, technical assistance, payments and declaration of expenditure, certification, audit and financial control. Moreover, compliance with public procurement is an essential part of EBF audit visits of the European Court of Auditors and the European Commission. Furthermore, public procurement rules notably concern beneficiaries of EBF funding in the context of applying for tenders as bidders as well as of implementing the public procurement.

However, the correct application of procurement law causes the involved authorities countless difficulties, as this field of law is very complicated and both national and EU procurement legislation have to be respected. As audits of the European Court of Auditors and controls have shown many errors in the implementation of the EBF derive from noncompliance with public procurement rules.

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