Irregularity
Transcription
Irregularity
EARMA Annual Conference 2014 Tallinn Most common errors and irregularities in EU research projects, need for sophisticated software July 1, 2014 Tallinn Robertina Gjoka Head office at RR & CO. Ltd. Schedule for today EARMA Annual Conference 2014 Tallinn Institutions Understanding terminology What is an irregularity? What is an error? What is fraud??? Statistics, figures and facts Cases Consequences for organizations & individuals Is there a need for a sophisticated software? Issues addressed and solved with a software Characteristics of a good software Saving time and money with the right tool in your hand! 2 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Institutions European Court of Auditors any time during or after, for unlimited period of time European Antifraud Office (OLAF) any time during or after, for unlimited period of time Audit Ex – ante auditor (project coordinator, during or just after the project is finished) Ex-post audit (European commission, after the project is finished) Recommendation: pre-audit preparation 3 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu European Public Prosecutor's Office Proposal of the Commission Independent, decentralized, strong procedural rights Approved by European Parliament, 2014 To be adopted by Member States in the Council To be fully operational by 2015 Only 46% of cases referred to MS => national judicial authorities with the conviction rate of these is just 42% = only 19 % of cases are convicted Yearly approx. €500 million in EU expenditure and revenue is lost due to suspected fraud 4 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Method of detection Table: Method of detection of irregularity not reported as fraudulent, 2012 Source: Commission Staff Working Document - Statistical evaluation of irregularities reported for 2012, page 65. Focus on the new financial perspectives: - Systematic errors - Organizations, not only projects 5 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Irregularity Error Correction (Actual) Irregularity 6 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu ERROR (I) An error is an administrative mistake which does not have financial impact or it has been corrected before causing financial impacts. Errors are recorded but they are not reported 7 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu ERROR (II) Clerical error is “an unintentional addition or omission of a word, phrase, or a figure”. A clerical error is not intended to claim ineligible grant and does not behave fraudulently. Technical error “does not affect the nature or facts of the projects, for example, using a wrong stamp, forgetting to attach an annex to a grant offer, forgetting a particular condition in the grant offer”. 8 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Correction A correction is a mistake that is detected and corrected by the managing authority or certifying authority before any payment to the beneficiary. Corrections are recorded but are not reported as well 9 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu (Actual) Irregularity (I) An (actual) irregularity is an “incorrectly claimed expenditure or systematic error detected by external audit”. They are recorded and reported to the EC in accordance to reporting thresholds in different grant programmes. 10 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu (Actual) Irregularity (II) Financial irregularity incorrectly claimed grant which makes a directly financial impact Non-financial irregularity is “any breach of regulation or management and control failure to which there is no direct financial value”. 11 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu (Actual) Irregularity (III) Irregularity reported as fraudulent irregularities suspected of being fraudulent or established to be so Irregularities not reported as fraudulent are any other type of irregularities reported, but not ascertained to be fraudulent 12 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Fraud (I) Affecting the European Communities' financial interests shall consist of: a) in respect of expenditure, any intentional act or omission relating to: the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds from the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities, non-disclosure of information in violation of a specific obligation, with the same effect, the misapplication of such funds for purposes other than those for which they were originally granted; 13 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Fraud (II) b) in respect of revenue, any intentional act or omission relating to: the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal diminution of the resources of the general budget of the European Communities or budgets managed by, or on behalf of, the European Communities, non-disclosure of information in violation of a specific obligation, with the same effect, misapplication of a legally obtained benefit, with the same effect. Source: Convention on the protection of the European Communities' financial interests 14 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Fraud (III) Suspected fraud an irregularity giving rise to the initiation of administrative and/or judicial proceedings Established fraud it has been proven in Courts that it was fraud 15 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Community programmes – data Irregularities reported as non-fraudulent and related amounts, 2011 and 2012 Irregularities reported as fraudulent and related amounts, 2011 and 2012 Source: Commission Staff Working Document - Statistical evaluation of irregularities reported for 2012, page 62 16 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Community programmes – data Table 3: Irregularities reported by policy areas and related amounts 2012. Source: Commission Staff Working Document - Statistical evaluation of irregularities reported for 2012, page 63 17 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Introduction – types of irregularities Action not implemented Inappropriate accumulation of aid Action not in accordance with the rules Incomplete documents Calculation error Incorrect rates used in calculating the claim Copy documents rather than originals Missing documents Deadline not respected Public procurement procedures not respected Expenditure declared not related to the action Recoverable VAT, interest received, not correctly reflected Expenditure not covered by legal base 18 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Data: types of irregularities Table: Recoveries (number and amount) by type of irregularity, 2010 Type of irregularity NO % € 1 000 % Average € 1 000 Action not implemented Action not in accordance with the rules Action not used for intended purposes Advances not correctly reflected Beneficiary ineligible Calculation error Deadline not respected Expenditure declared not related to the action Expenditure not covered by legal base Falsified documents Inappropriate accumulation of aid Incomplete documents Incorrect rates used in calculating the claim Lack of necessary co-financing Missing documents Not applicable Public procurement procedures not respected Quality of action inadequate Recoverable VAT, interest received, not correctly reflected 28 389 1 1 6 71 26 44 168 8 3 24 87 3 102 15 8 20 17 2,7 38,1 0,1 0,1 0,6 7 2,5 4,3 16,5 0,8 0,3 2,4 8,5 0,3 10 1,5 0,8 2 1,7 2 1518 13 703 91 901 175 1 669 317 901 5 212 1 278 111 536 3 657 63 7 259 412 193 3 854 269 5,8 31,8 0,2 2,1 0,4 3,9 0,7 2,1 12,1 3 0,3 1,2 8,5 0,1 16,8 1 0,4 8,9 0,6 89,9 35, 2 90,7 900,7 29,2 23,50 12,2 20,5 31 195,8 36,9 22,3 42 21,2 71,2 27,5 24,1 192,7 15,8 TOTAL 1 021 100 100 42,4 43 120 Source: Commission Staff Working Document - Statistical evaluation of irregularities reported for 2010, page 121. 19 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Trend of increase of cases 2007-2012 Increasing number of fraudulent and non-fraudulent cases of centralized management in EU Member States, 2007 – 2012 Source: RR & CO., based on Commission Staff Working Document - Statistical evaluation of irregularities reported for 2007-2012 20 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Increase of cases 2007-2012 in research Graph: Growing number of non-fraudulent irregularity and related amount in Research domain, 2007 - 2012 Source: RR & CO., based on Commission Staff Working Document - Statistical evaluation of irregularities reported for 2007-2012 21 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Recoveries by Member States in 2012 22 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Structural funds Slovenia 2007- 2013 12 cases reported to OLAF for fraud and suspected fraud Total value of 10 MIO EUR loss EU participation Delo, June 2014 23 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Case 1 – Frammework programme Irish Electricity Generating Co. Ltd Sector: non-nuclear energy Returned:EUR 180.664,70 + late-payment interest and to pay the costs Missed deadline, not fulfilled contract obligations EU Court of Justice - Case T-323/09 24 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Case 2 – Frammework programme Organization: Parthenon AE Ikodomikon, Greece Developments: Parthenon failed to perform its contractual obligations EC ordered recovery of advance payment with the framework of contract. Result: Parthenon had to pay EUR 154.383,53 + plus interests Source: EU Court of Justice - Case T-7/05 25 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Case 2 - Structural funds Slovenia 2007- 2013 Year 2012, grant of 578.000 EUR Boiler using biomass wood & 740 m of hot water distribution system Zarja Ekoenergija vs. Zarja Kovis = same management The implementing company (Zarja Ekoenergija) estabilished months prior to the project start Dnevnik, June 2014 26 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Case 3 – Stuctural funds SI.EVA and SIMIT Development Centers 4 MIO EUR Old equipment as new Finance, Novemeber 2013 27 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Consequences for organisations & individuals Returning partially or the whole funded amount + interest rates Prison Black lists (5-10 years) Bad PR 28 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu To remind you… Over 118.000.000 EUR or 1.648 cases were reported only in 2012 as irregularities (non fraudulent) Table: Irregularities reported by policy areas and related amounts 2012. Source: Commission Staff Working Document - Statistical evaluation of irregularities reported for 2012, page 63 29 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu 30 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Let‘s go back to irregularity types Action not implemented Action not in accordance with the rules Calculation error Copy documents rather than originals Deadline not respected Expenditure declared not related to the action Expenditure not covered by legal base 31 Inappropriate accumulation of aid Incomplete documents Incorrect rates used in calculating the claim Missing documents Public procurement procedures not respected Recoverable VAT, interest received, not correctly reflected © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Why the EC would not give us a hand on this? Why there is not a unified software that each beneficiary would use and make happy the EC? Why our accounting tools are not sufficient? Why excel is not good any longer? 32 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Is there a need for a sophisticated software? 33 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Is there a need for a sophisticated software? (1) Yes! To ensure having all the data in one database Yes! To record time spend on every project Yes! To record all the direct costs on every project Yes! To have a detailed overview over all the projects within the organisation 34 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Is there a need for a sophisticated software? (2) Yes! To have a detailed overview over the project consortia Yes! To have a system that enables audit trail Yes! To have a professional but yet a flexible tool to manage all the projects regardless to sources of financing Yes! To be able to calculate automaticly and consider all the financial regulations Yes! To minimise chances of mistake 35 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu What can not be solved with? Human intentional actions to make fraudulent actions… at least not with IT but with social norms, regulations and Penalties and punishment for those that violate rules 36 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu EFAMT® online financial management tool Flexible International collaboration Financial analyses Enter your time and costs in detail or summary, in your national currency. Simplifies communication about costs in a consortium In-depth financial analytics comparing actual with planned time and costs 37 Official reports Always prepared for audits Automatically generated reports, in line with Horizon 2020 rules Get things right the first time © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu EFAMT® in brief Online, accessible with a username and password No installations needed Very user-friendly & Easy to learn Easy to integrate with other systems Export results: Export all analyses into Excel, Word, pdf or XML. Results of analyses are also shown as graphs 38 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Recording Record time (timesheets) and costs Only minimal data is required to distribute time and costs in line with the budget VAT, depression of equipmement, other information Currency conversation You can record your costs in different currencies within the same projects Staff wage rate definition You can record different staff wage rates without having to be concerned about accuracy of calculation Set up By activity types, workackages, tasks, deliverables, definition of VAT refund rates, staff wage rates, different costs modules, Access rights of users 39 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Analytics Automatically generated analyses enable complete insight into project dynamic in real time In-depth financial analytics comparing actual with planned time and costs Overview of financial data of time and costs spent over all projects . Overview of financial data of time and costs spent for a whole consortium and all partners. Overview of all the partner financial data: costs and time spent and financial data of the partner Automatically generated offical reports, in line with rules of managing authorities (FP6, FP7, Horizon2020) 40 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Benefits (1) Time saving Risk management Universal database model for all EU and national rules for grant funded projects Support through entire project cycle – from beginning of the project to the auditing International collaboration : Simplifies communication about costs in a consortium Easy and efficient interdepartmental collaboration Minimizes the chances of mistakes 41 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Benefits (2) Minimizes administrative burden Minimizes transactional costs Data consistency: EFAMT® will ask you only to record time and costs. Everything else is calculated automatically, which guarantees consistency. Project database: All your project financial data is safely stored in one central repository and readily available. Flexible transfer of data: Transfer of data between work packages, tasks, deliverables, cost categories, activity types, measures. 42 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Security and reliability In compliance with regulatory requirements and security best practices (e.g. ISO 27000 family of standards) User access management according to user's roles Audit trail for all inserts / updates / deletes Providing compliance with eCohesion where applicable 43 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Characteristics of a good software In compliance with regulatory requirements and security best practices User-friendly Interface that can be used for different types of projects Powerful analytical capabilities Audit trail Relational database Interoperability with other systems: accounting system, document system… 44 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Saving time and money with the right tool Based on observation and analyses of data from 2001 till now 45 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Results 46 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Our development since 2000 For each €1 of received grant, we have invested € 2,89 of own resources 47 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Growth of use of EFAMT® since 2005 48 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Conclusions (1) Don’t take projects for granted Changes on the level of the EC require changes on the organization level, so don’t rely only on previous experiences Communicate with the project officer as much as possible Consider external assistance when not 100 % sure 49 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu Conclusions (2) Consider additional training, if needed Consider changing working habits, if needed Make sure you have all the documents in order And yes, consider implementing a professional tool for more efficacy and make sure the interoperability is achieved 50 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu RR & CO. Knowledge Centre Ltd. http://rr-co.eu/horizon2020 http://rr-co.eu/efamt http://www.rr-co.eu phone: +386 (0)1 432 41 91 51 © RR & CO. Knowledge Centre Ltd. All rights reserved. www.efamt.eu