PURPOSE: to present Special Report No 15/2012 from the
Court of Auditors on the management of conflict of interest in
selected EU Agencies.
CONTENT: in recent years, a number of alleged cases
pertaining to conflict of interest involving certain EU Agencies
have been reported in the press and have raised concerns within the
European Parliament. In 2011, the European Parliament requested the
Court to undertake a comprehensive analysis of the
agencies approach to the management of situations where there
are potential conflicts of interest.
Conflicts of interest means that there are
situations in which the private interests and affiliations of a
public official create, or have the potential to create, conflict
with the proper performance of his/her official duties.
Certain conflict of interest risks are embedded in the
selected Agencies structure (e.g. the same organisation is
both a management representative and a supplier of services) and in
the use of the research performed by the industry.
This audit aimed at evaluating the policies and
procedures for the management of conflict of interest situations
for four European Agencies making vital decisions affecting the
safety and health of consumers, namely:
- the European Aviation Safety Agency
(EASA),
- European Chemicals Agency (ECHA),
- European Food Safety Agency (EFSA),
- European Medicines Agency (EMA).
Against this background, it is paramount that selected
Agencies have robust systems to manage a high inherent risk of
conflict of interest.
Legal framework: there
is no comprehensive EU regulatory framework dedicated to conflict
of interest which would ensure comparable minimum requirements on
independence and transparency applicable to all EU Agencies and all
key players that influence strategy, operations and
decision-making. In the absence of such a regulatory framework, the
OECD Guidelines in this respect, which set an international
benchmark for designing a comprehensive conflict of interest
policy, have been considered as part of a reference framework for
this audit.
Court of Auditors conclusions: the Court concluded that none of the selected
Agencies adequately managed the conflict of interest
situations. A number of shortcomings of varying degrees
have been identified in Agency-specific policies and procedures as
well as their implementation.
Out of the selected Agencies, EMA and EFSA have
developed the most advanced policies and procedures for declaring,
assessing and managing the conflict of interest.
Though ECHA has developed Agency-specific policy and
procedures for management of conflict of interest, the policy and
procedures for ECHAs staff and Board of Appeal have
significant shortcomings.
The Court found that EASA did not have an
Agency-specific conflict of interest policy and procedures. EASA
does not obtain or assess the declarations of interest for staff,
Management Board, Board of Appeal and experts.
Courts recommendations: in conclusion, the Court recommends that the
selected Agencies improve their conflict of interest policies and
procedures by:
- screening candidates for conflict of interest before
their appointment;
- establishing conflict of interest policies and
procedures which would ensure that conflict of interest situations
are managed to a comparable standard by national authorities
performing outsourced tasks (EASA and EMA);
- establishing clear and objective criteria for
assessment of declarations of interest and applying them
consistently;
- introducing gifts and invitations policies and
procedures for the entire Agency (EASA, ECHA and EFSA);
- developing clear, transparent and consistent breach of
trust policies and procedures for the entire Agency;
- improving the transparency of the declared interests
during the meetings and in the context of scientific
decision-making processes;
- ensuring comprehensive and compulsory training on
conflict of interest;
- addressing the post-employment issues with the
selected Agencies in coordination with all the appointing bodies
involved.
The Court also recommends for the EU legislator,
possibly in consultation with other EU Institutions, to consider
further developing the EU regulatory framework dedicated to
management of conflict of interest situations, using the OECD
Guidelines and existing best practices as a reference.