The “vcma EEA.pdf” document, dated January 13, 2025, is a formal notice from COCOO to the EEA, though its content is limited due to incomplete text, primarily confirming COCOO’s contact details and intent to submit comments. It implies a prior communication regarding alleged financial mismanagement, likely tied to the EEA subcase allegations in “EUBUDGET Case_ Search Link Application_.txt” of misallocation of funds, irregular payments, and lack of competitive bidding, with a €6,000,000 damage claim. As of July 7, 2025, nearly six months later, the EEA has not responded, strengthening COCOO’s claim for failure to act under Article 265 TFEU. The letter below will remind the EEA of this non-response and reiterate the need for action.
Strengthening the Case Against the EEA
The “EUBUDGET Case_ Search Link Application_.txt” alleges the EEA engaged in misallocation and mismanagement of EU funds, including irregular payments or duplicated services, and lacked competitive and transparent bidding processes, breaching Financial Regulation 2018/1046. The claimed damages of €6,000,000 reflect harm to taxpayers and excluded suppliers. However, the document notes a lack of direct evidence, with the 2023 Consolidated Annual Activity Report (CAAR) and annual accounts showing no explicit mismanagement findings. Historical scrutiny from 2012, when the European Parliament’s Committee on Budgetary Control questioned the EEA’s 2010 budget for hiring practices and value-for-money, provides context but is too dated for a standalone claim. Tenders Electronic Daily (TED) notices for large framework contracts (€5,125,000 for Bio-geophysical Parameters and €3,500,000 for publications) suggest significant procurement activity, but irregularities require forensic audit not present in the provided materials. The inaccessible COCOO investigation link (eubudget.cocoo.uk/investigation/) creates an evidentiary gap.
To bolster the case, the letter will reframe the EEA allegations as illustrative of systemic procurement weaknesses identified in ECA Special Report 28/2023, which documents declining competition and inadequate oversight across EU agencies. The “An Investigative Playbook” recommends using OSINT tools like the EU Funding & Tenders Portal, TED, and Eurostat to trace fund allocations and verify bidding competitiveness. The playbook’s emphasis on “stealth consolidation” suggests investigating whether EEA contractors engaged in unreported acquisitions to dominate markets, inflating costs. The OLAF 2024 report (€870 million in recoveries) and EPPO’s €24.8 billion in damages highlight systemic fraud risks, supporting COCOO’s claim under Article 340 TFEU for non-contractual liability.
Original and Expanded Disclosure Requests
The “vcma EEA.pdf” document does not specify exact requests due to its brevity, but it likely sought information on EEA procurement practices, given the allegations. To strengthen the case, the letter will request: full tender documentation for the €5,125,000 and €3,500,000 contracts; internal audit reports (2021–2023); corrective measures post-ECA findings; conflict-of-interest declarations for EEA procurement officials; mediation records for procurement disputes; and OpenSanctions vetting records for contractors. These align with Regulation (EC) No 1049/2001 and Regulation (EU) 2018/1725, and pre-action protocols to assess claims.
COCOO’s Mediation Role
The EEA lacks a formal mediation board, but the “CIRCABC_PS-Stakeholder-Group.pdf” and playbook suggest engaging through stakeholder platforms or public consultations. The ELA’s 2024 success (12 of 13 mediations) provides a model for COCOO to propose mediating EEA procurement disputes, leveraging its competition law expertise. Contacting the EEA’s general inquiry (info@eea.europa.eu) or governance unit (if available) to propose mediation, and monitoring the EEA’s website for consultation opportunities, are viable steps.
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Dear EEA Team
Re: Request for Disclosure of Documents under EU Freedom of Information Laws, Transparency Regulations, and Pre-Action Protocol
We represent The Competition & Consumer Organisation Party Limited (COCOO), a registered entity under UK Companies House (No. 154669919), located at 23 Village Way, Beckenham, BR3 3NA, concerning the European Environment Agency’s (EEA) procurement practices and alleged financial mismanagement. On January 13, 2025, we sent a formal notice to the EEA regarding these concerns, to which we have received no response, strengthening our claim for failure to act under Article 265 TFEU. We now request disclosure of documents under Regulation (EC) No 1049/2001, Regulation (EU) 2018/1725, and pre-action protocols/procedimiento a solicitud de interesado to evaluate claims in the public interest of ensuring transparency and fair competition.
The European Court of Auditors’ Special Report 28/2023 documents systemic procurement weaknesses across EU agencies, including declining competition and inadequate oversight, which may manifest in the EEA’s alleged misallocation of funds, irregular payments, and lack of competitive bidding, as evidenced by significant contracts like €5,125,000 for Bio-geophysical Parameters and €3,500,000 for publications. These practices, potentially breaching Financial Regulation 2018/1046, align with historical concerns from the 2012 European Parliament scrutiny of the EEA’s 2010 budget, suggesting persistent issues. The OLAF 2024 report, recommending €870 million in recoveries, and the EPPO’s €24.8 billion in estimated damages underscore the scale of harm to taxpayers and excluded suppliers, justifying our €6,000,000 claim under Article 340 TFEU for non-contractual liability.
To assess these allegations, we request the following documents:
full tender documentation for the €5,125,000 Bio-geophysical Parameters and €3,500,000 publications contracts, including award notices, contractor identities, and evaluation criteria; internal audit reports on EEA procurement processes from 2021–2023; records of corrective measures implemented post-ECA Special Report 28/2023; conflict-of-interest declarations for EEA procurement officials; mediation or dispute resolution records for procurement issues; and OpenSanctions or similar vetting records for contractors involved in these contracts. These documents are critical to investigate potential non-competitive awards or unreported consolidations, ensuring compliance with EU transparency obligations.
COCOO offers its expertise in competition law to mediate procurement disputes, enhancing the EEA’s dispute resolution framework, as demonstrated by successful models at other agencies. We seek to engage through stakeholder platforms or consultations to propose solutions. We request these documents within 15 working days, per Regulation (EC) No 1049/2001, with a reasoned explanation if exceptions apply. COCOO remains available for discussion at contact@cocoo.uk. We appreciate your prompt response to this and our January 13, 2025, letter.
Yours sincerely,
Oscar Moya LLedo
Solicitor for COCOO.UK