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11 October 2012

ECA: Selected EU agencies did not adequately manage conflict of interest situations


The ECA concluded that none of the audited 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.

Agencies have been reported in the press and have raised concerns within the European Parliament. In 2011 the European Parliament requested the ECA to “undertake a comprehensive analysis of the agencies’ approach to the management of situations where there are potential conflicts of interest”.

A conflict of interest is considered to be a conflict between the public duty and private interests of a public official, in which the public official has private-capacity interests which could improperly influence the performance of his official duties and responsibilities. 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 dependence on the research performed by the industry. Against this background it is paramount that selected Agencies have robust systems to manage a high inherent risk of conflict of interest.

The audit evaluated policies and procedures for the management of conflict of interest situations for four selected 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) and the European Medicines Agency (EMA).

“After examining the situation at these agencies, we have drawn up a list of general and specific recommendations which, if properly implemented, might bring significant improvements in the management of conflict of interest situations not only in the selected Agencies but in all EU Institutions and decentralised bodies”, said Igors Ludboržs, the ECA Member responsible for the report.

The ECA recommends that the selected Agencies improve their conflict of interest policies and procedures by:

(i) screening candidates for conflict of interest before their appointment;

(ii) 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);

(iii) establishing clear and objective criteria for assessment of declarations of interest and applying them consistently;

(iv) introducing gifts and invitations policies and procedures for the entire Agency (EASA, ECHA and EFSA);

(v) developing clear, transparent and consistent breach of trust policies and procedures for the entire Agency;

(vi) improving the transparency of the declared interests during the meetings and in the context of scientific decision-making processes;

(vii) ensuring comprehensive and compulsory training on conflict of interest;

(viii) addressing post-employment issues in coordination with all the appointing bodies involved;

The ECA also recommends that the EU legislator, possibly in consultation with other EU Institutions, 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.

Press release



© ECA PRESS


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