This is a campaign by COCOO.UK to address alleged financial mismanagement and procurement irregularities by EU agencies (CPVO, EEA, SRB, ELA) and the European Commission, with claimed damages totaling €48,939,300. The campaign leverages legal actions under Articles 265 and 340 TFEU, supported by evidence from the European Court of Auditors (ECA), particularly Special Report 28/2023, and pursues a multi-phased monetization strategy.
ELA
### Next Steps for COCOO
1. **Submit the Revised Letter**: Send the revised letter to info@ela.europa.eu and consider copying the Cooperation Support Unit (cop@ela.europa.eu) to emphasize mediation interest.
2. **Apply for Mediation Role**: Monitor the ELA website for future mediator nomination calls or contact cop@ela.europa.eu to express COCOO’s qualifications, referencing Decision ELA/MB/2025/016.
3. **Stakeholder Engagement**: Request a meeting with the ELA’s Executive Director, citing the precedent of stakeholder meetings (e.g., with EY or Business Europe), to discuss COCOO’s mediation role and procurement concerns.
My apologies for the oversight in not updating the list of requested disclosures in the revised letter. I have carefully reviewed the provided documents (“List-of-contracts-2022-for_website.pdf,” “List-of-contracts-2023-for_website.pdf,” “2024.3260-ELA_activity_Report_2023-PF2.pdf,” “CAAR_2024_Final.pdf,” and “CIRCABC_PS-Stakeholder-Group.pdf”) to ensure the letter strengthens COCOO’s case regarding the Framework Contract on ELA Capacity Building Centre and EURES Training Programme (ELA/2021/OP/02). The updated letter incorporates a refined list of disclosures, reflecting new insights from the documents, particularly the persistent procurement irregularities noted in the 2024 Consolidated Annual Activity Report (CAAR), the lack of contractor details in the 2022 and 2023 contract lists, and the high volume of complaints and mediation activities. It also supports COCOO’s role as a prospective mediator and clarifies the process for joining the ELA’s Mediation Board, maintaining a direct, granular response without bullet points or numbering as per your instructions.
The CAAR_2024_Final.pdf confirms the European Court of Auditors’ (ECA) qualified opinion for 2023, citing irregular payments of 3.8% of total payment appropriations linked to a framework contract with weak ex-ante controls, reinforcing COCOO’s claims under Articles 265 and 340 TFEU for non-contractual liability. The absence of ELA/2021/OP/02 details in the 2022 and 2023 contract lists, despite the ELA’s use of eProcurement tools like PPMT, suggests non-compliance with Financial Regulation 2018/1046 transparency requirements. The 2024 report’s mention of 55 external complaints, including six under Article 90, and 13 mediation actions (12 successful) indicates a robust dispute resolution framework where COCOO’s expertise could address procurement disputes. The CIRCABC document’s description of stakeholder engagement supports COCOO’s standing to request records, as the platform shares documents like meeting summaries that may include contractor information. The 2023 Activity Report’s note of three mediation closures due to non-participation highlights the need for skilled mediators like COCOO.
The updated disclosure list includes specific requests for tender documents, audit reports, corrective measures, conflict-of-interest declarations, mediation records, and contractor vetting data to investigate potential sanctions or conflicts via OpenSanctions. For mediation, COCOO can contact cop@ela.europa.eu, referencing Decision ELA/MB/2025/016, and governance@ela.europa.eu to join the CIRCABC Stakeholder Group, leveraging its UK-based expertise in competition law.
The documents provide critical details that bolster COCOO’s legal and factual basis for requesting disclosure of procurement documents under Regulation (EC) No 1049/2001 and pre-action protocols, as well as its potential role in mediation. The 2024 Consolidated Annual Activity Report (CAAR_2024_Final.pdf) confirms ongoing procurement irregularities, with a qualified opinion from the European Court of Auditors (ECA) due to irregular payments amounting to 3.8% of total payment appropriations in 2023, linked to a framework contract with deficient ex-ante controls. This aligns with Special Report 28/2023, which identified non-compliance with EU procurement rules at the ELA, strengthening COCOO’s claims under Articles 265 and 340 TFEU for non-contractual liability due to mismanagement. The report’s note of 117 concerted and joint inspections (CIIs) in 2024, supported by a new framework contract for logistical services, suggests increased reliance on external contractors, yet the 2022 and 2023 contract lists lack details on ELA/2021/OP/02, reinforcing the need for transparency. The CIRCABC document highlights the ELA’s stakeholder engagement platform, managed by the Governance and Outreach Sector, which includes social partners and potentially contractors, supporting COCOO’s standing to request access to related records. The 2024 report’s disclosure of 55 external complaints, including six under Article 90 of the Staff Regulations, indicates a high volume of disputes, some possibly related to procurement, justifying COCOO’s request for mediation records. The 2023 Activity Report’s mention of four mediation cases, with three closed due to non-participation, underscores the need for effective mediators, which COCOO can address.
To strengthen the letter, COCOO can emphasize the ECA’s 2024 qualified opinion, noting that irregular payments stemmed from weak ex-ante controls in a framework contract, potentially applicable to ELA/2021/OP/02. The absence of contractor details in the 2022 and 2023 lists, despite the ELA’s use of eProcurement tools like PPMT, suggests non-compliance with transparency obligations under the Financial Regulation 2018/1046. COCOO can argue that this opacity hinders its ability to vet contractors via OpenSanctions for sanctions or conflicts, critical for assessing procurement fairness. The 2024 report’s reference to a Task Force on compliance and ongoing efforts to strengthen controls indicates acknowledgment of systemic issues, supporting COCOO’s request for corrective measure records. The CIRCABC platform’s role in sharing documents with stakeholders, including meeting summaries and presentations, suggests that procurement-related records may be accessible, reinforcing the request for tender documentation. The high complaint volume and mediation challenges noted in the reports highlight the need for dispute resolution, aligning with COCOO’s mediation offer.
For COCOO’s mediation role, the 2024 report details 13 mediation actions in 2024, with 12 successful, and cooperation with SOLVIT, indicating an active dispute resolution framework where COCOO’s expertise in procurement fairness could enhance outcomes. The 2023 report’s note of premature mediation closures due to non-participation suggests a gap that COCOO’s involvement could fill. The CIRCABC document’s emphasis on stakeholder collaboration supports COCOO’s eligibility to engage in dispute resolution as a stakeholder. COCOO can position itself as a neutral mediator, leveraging its UK-based perspective on competition and consumer issues to address procurement disputes, aligning with the Mediation Board’s requirements for dispute resolution expertise.
To join the ELA’s Mediation Board, the process involves nomination by Member States and appointment by the Management Board for 36-month terms, as outlined in prior documents. Despite the UK’s non-EU status, the 2024 report’s mention of cooperation with candidate countries and the 2023 report’s reference to third-country collaboration suggest pathways for COCOO. Contacting the Cooperation Support Unit at cop@ela.europa.eu to express interest, referencing Decision ELA/MB/2025/016, and submitting a CV highlighting procurement dispute expertise is key. Joining the CIRCABC Stakeholder Group via governance@ela.europa.eu can also facilitate engagement. Monitoring the ELA website for future nomination calls is advisable.
The existing letter (Letter_to_ELA.md, artifact_id=”87a52b2b-9dd9-4f24-8c28-ebc14b68626e”) requests documents under Regulation (EC) No 1049/2001 and pre-action protocols to investigate procurement irregularities identified in the European Court of Auditors’ Special Report 28/2023, focusing on the ELA/2021/OP/02 contract. The new attachments provide additional details that can enhance the letter’s legal and factual basis, emphasizing COCOO’s standing, the public interest, and the need for transparency in procurement and mediation processes. Below are key points to strengthen the letter:
1. **Evidence of ELA’s Procurement Oversight Role and Potential Conflicts**:
– The document “ELA_Organisational_Description_Dec_2023.pdf” outlines the ELA’s Resources Unit (RES) responsibilities, including developing and maintaining procurement rules, procedures, and guidelines, as well as monitoring and supervising service provider contracts (Page 14). This underscores the ELA’s direct accountability for ensuring compliance with EU procurement law, reinforcing the relevance of COCOO’s request for procurement documents related to ELA/2021/OP/02.
– The document “Decision_7-Appointments_for_Mediation_Board.pdf” details the ELA’s Mediation Board appointments, including mediators and experts (Page 4). Some of these individuals (e.g., from France, Croatia, or Portugal) may be linked to organizations involved in ELA contracts. By requesting their conflict-of-interest declarations, COCOO can strengthen its case by investigating whether any mediators or experts had ties to the winning contractor(s) of ELA/2021/OP/02, potentially indicating bias or favoritism in procurement decisions.
– **Suggested Addition to Letter**: “Given the ELA’s role in overseeing procurement processes, as detailed in its organisational structure (December 2023), and the appointment of mediators and experts to the Mediation Board (ELA/MB/2025/016), we request conflict-of-interest declarations for all appointed mediators and experts to ensure no connections to the contractor(s) awarded ELA/2021/OP/02, which may further substantiate allegations of procurement irregularities.”
2. **Engagement with External Contractors**:
– Documents like “Record_ELA_COP_research_activities_PD_A1_study-public_version.pdf” and “DPR-ELA-2025-0006-Record_public-Good_Practice_Database.pdf” confirm that the ELA relies on external contractors for research, data management, and database maintenance (e.g., Page 4 of the former and Page 8 of the latter). The absence of contractor names in these documents highlights a lack of transparency, which COCOO can use to press for disclosure of the ELA/2021/OP/02 contractor’s identity to vet them via OpenSanctions.
– The document “register-meetings-interest-representatives_04.25.pdf” notes a meeting on November 22, 2024, between the ELA’s Executive Director and EY Consulting BV/SRL in Brussels to discuss “EY’s Solutions for ELA Challenges” (Page 1). While not explicitly linked to ELA/2021/OP/02, EY’s involvement as a consulting firm suggests they could be a contractor or stakeholder in ELA’s capacity-building or training initiatives. This strengthens the need to identify all contractors involved in the disputed contract.
– **Suggested Addition to Letter**: “Noting the ELA’s engagement with external contractors for research and capacity-building activities, as well as documented interactions with firms like EY Consulting BV/SRL (November 2024), we reiterate the necessity of disclosing the identity and tender documentation for the contractor(s) awarded ELA/2021/OP/02 to verify compliance with EU procurement standards and investigate potential conflicts of interest.”
3. **Mediation Board’s Role in Dispute Resolution**:
– The document “Decision_7-Appointments_for_Mediation_Board.pdf” (Pages 2–4) describes the ELA’s Mediation Board, which handles disputes related to labour mobility and social security coordination. The board’s mediators and experts, appointed for 36-month terms, are required to have expertise in dispute resolution and relevant fields. COCOO can leverage this to position itself as a potential mediator, emphasizing its interest in ensuring fair procurement practices through mediation.
– The document “ELA_Organisational_Description_Dec_2023.pdf” (Page 7) confirms the Cooperation Support Unit (COP) oversees mediation, including maintaining records of disputes and their outcomes. Requesting these records could reveal whether procurement disputes, including those related to ELA/2021/OP/02, were mediated, potentially exposing further irregularities or procedural lapses.
– **Suggested Addition to Letter**: “In light of the ELA’s Mediation Board’s role in resolving disputes (ELA/MB/2025/016) and the Cooperation Support Unit’s responsibility for maintaining dispute records, we request access to any mediation records related to procurement disputes for ELA/2021/OP/02, which may clarify the extent of irregularities noted in Special Report 28/2023.”
4. **Data Protection and Transparency Concerns**:
– Documents like “Construction_Campaigns.pdf” and “DPR-ELA-2023-0008.2_ELA_independent-expert_management.pdf” highlight the ELA’s data protection protocols under Regulation (EU) 2018/1725, including strict access controls and contractual clauses for contractors handling personal data (e.g., Page 4 of the former and Page 8 of the latter). Any failure to adhere to these protocols in the ELA/2021/OP/02 procurement process could constitute a breach of EU law, supporting COCOO’s Article 340 TFEU claim for non-contractual liability.
– The ELA’s commitment to transparency, as seen in its public registers and privacy statements, can be used to argue that withholding contract details violates its own principles of openness.
– **Suggested Addition to Letter**: “Given the ELA’s commitment to data protection and transparency under Regulation (EU) 2018/1725, as evidenced in its data processing protocols, any failure to disclose the requested procurement documents for ELA/2021/OP/02 would contravene these principles, particularly in light of the public interest in addressing the procurement irregularities identified by the European Court of Auditors.”
5. **Public Interest and Stakeholder Engagement**:
– The document “register-meetings-interest-representatives_04.25.pdf” lists multiple meetings between the ELA’s Executive Director and stakeholders like trade unions and employer organizations (e.g., Slovak Employer’s Union, SGI Europe, Business Europe) from 2023–2025 (Pages 1–4). This demonstrates the ELA’s engagement with external parties, which COCOO can cite to argue that, as a stakeholder advocating for fair procurement, it has a legitimate interest in accessing contract details.
– **Suggested Addition to Letter**: “As evidenced by the ELA’s extensive engagement with stakeholders like Business Europe and trade unions (2023–2025 public register of meetings), COCOO, as a stakeholder advocating for fair procurement practices, has a legitimate interest in accessing the requested documents to ensure accountability and protect the public interest.”
### Supporting COCOO’s Role as Prospective Mediators
To position COCOO as a prospective mediator in the ELA/2021/OP/02 dispute, the following points from the attachments are relevant:
1. **Mediation Board Requirements**:
– The document “Decision_7-Appointments_for_Mediation_Board.pdf” (Page 2) specifies that mediators must have knowledge and skills in dispute resolution mechanisms, including mediation, and preferably basic knowledge of labour mobility or social security coordination. COCOO, as a UK-based entity focused on competition and consumer issues, can emphasize its expertise in resolving disputes related to procurement fairness and financial mismanagement, aligning with the ELA’s mediation scope.
– The document notes that mediators are appointed by the Management Board based on nominations from Member States, ensuring geographical, professional, and gender balance (Page 2). COCOO can argue its unique perspective as a non-EU (UK) entity with cross-border expertise, potentially qualifying it for nomination or collaboration.
2. **Mediation Process and COCOO’s Strategy**:
– The document “ELA_Organisational_Description_Dec_2023.pdf” (Page 7) details the Cooperation Support Unit’s role in maintaining the mediation structure and ensuring quality dispute resolution. COCOO can propose mediating the ELA/2021/OP/02 dispute to resolve procurement irregularities, leveraging its OpenSanctions vetting strategy to ensure impartiality and transparency.
– By requesting mediation records (as suggested above), COCOO can demonstrate its intent to engage constructively in the ELA’s dispute resolution process, strengthening its case for involvement.
3. **Strategic Positioning**:
– COCOO can highlight its public interest mission, as supported by the European Court of Auditors’ findings, to position itself as a neutral mediator capable of addressing procurement disputes. This aligns with the ELA’s goal of ensuring fair labour mobility and effective cooperation (Page 2 of “ELA_Organisational_Description_Dec_2023.pdf”).
– **Suggested Addition to Letter**: “COCOO is prepared to contribute to the ELA’s mediation process under Article 7 of the Rules of Procedure, bringing its expertise in procurement fairness and dispute resolution to address potential irregularities in the ELA/2021/OP/02 contract, ensuring a fair and transparent resolution in the public interest.”
### How to Join the ELA’s Team of Mediators
Based on “Decision_7-Appointments_for_Mediation_Board.pdf” (Pages 2–4), the process for joining the ELA’s team of mediators involves:
1. **Nomination by Member States**:
– Mediators are nominated by Member States and appointed by the Management Board for a 36-month term (Page 2). COCOO, as a UK-based entity, may face challenges due to the UK’s non-EU status post-Brexit. However, it can seek nomination through a cooperative Member State or explore alternative engagement as an external stakeholder, given the ELA’s collaboration with non-EU entities (e.g., third-country authorities, Page 11 of “ELA_Organisational_Description_Dec_2023.pdf”).
2. **Application Process**:
– The ELA launched a call for nominations in February 2025 (Page 2 of “Decision_7-Appointments_for_Mediation_Board.pdf”). COCOO should monitor the ELA’s website (www.ela.europa.eu) or contact the Cooperation Support Unit (cop@ela.europa.eu) for future calls. The application requires demonstrating expertise in dispute resolution and relevant fields, supported by a CV with predefined sections (Page 4 of “DPR-ELA-2023-0008.2_ELA_independent-expert_management.pdf”).
– **Action**: COCOO should prepare a detailed submission highlighting its experience in procurement disputes, competition law, and consumer protection, emphasizing its capability to mediate cross-border issues.
3. **Engaging with the Cooperation Support Unit**:
– The Cooperation Support Unit manages mediation and National Liaison Officers (NLOs) (Page 7 of “ELA_Organisational_Description_Dec_2023.pdf”). COCOO can contact the unit to express interest in mediation roles, citing its alignment with the ELA’s objectives and its intent to address procurement irregularities.
– **Action**: Send an introductory letter to cop@ela.europa.eu, referencing Decision ELA/MB/2025/016 and expressing COCOO’s qualifications and interest in joining the Mediation Board.
4. **Building Stakeholder Relationships**:
– The document “register-meetings-interest-representatives_04.25.pdf” shows the ELA’s engagement with stakeholders like Business Europe and trade unions (Pages 1–4). COCOO can attend similar stakeholder events or request a meeting with the Executive Director to discuss mediation opportunities, leveraging its advocacy for fair procurement.
– **Action**: Request a meeting via info@ela.europa.eu to discuss COCOO’s potential role as a mediator, citing its public interest mission and expertise.