Keywords

Summary



Keywords

1 Social policy - European Social Fund - Financial assistance for vocational training - Accuracy of facts and accounts in final payment claims to be certified by the Member States - Scope (Council Decision 83/516, Art. 2(2)) 2 Social policy - European Social Fund - Financial assistance for vocational training - Undertaking by the recipient to use the assistance in accordance with the rules of national and Community law - Commission decision suspending, reducing or withdrawing the assistance if those rules are not complied with - Whether permissible (Council Regulation No 2950/83, Art. 6(1)) 3 Social policy - European Social Fund - Financial assistance for vocational training - Commission decision based on Article 6(1) of Regulation No 2950/83 - Evaluation of complex facts and accounts - Judicial review - Limits (Council Regulation No 2950/83, Art. 6(1))

Summary

1 In so far as a Member State confirms the accuracy of the facts and accounts in final payment claims for financial assistance from the European Social Fund, that State is responsible to the Commission for the certifications which it submits. Furthermore, under Article 2(2) of Decision 83/516 on the tasks of the European Social Fund and Article 7(1) of Regulation No 2950/83 on the implementation of Decision 83/516 respectively, the Member States concerned must guarantee the successful completion of Fund vocational training and guidance operations and the Commission may check final payment claims, `without prejudice to any controls carried out by the Member States'. Those obligations and powers devolving on Member States are not limited by any restriction in time. Accordingly, in the case where a Member State has already certified the accuracy of the facts and accounts in a final payment claim, that State may still alter its assessment of the final payment claim if it considers that it contains irregularities which have not previously been detected. 2 Where, at the Commission's request, the recipient of European Social Fund assistance has expressly declared in the document accepting the approval decision that the assistance would be used `in accordance with the applicable provisions of national and Community law', the `conditions' referred to in Article 6(1) of Regulation No 2950/83 on the implementation of Decision 83/516 on the tasks of the European Social Fund extend to compliance by the recipient with the applicable rules of national and Community law. The Commission may therefore suspend, reduce or withdraw Fund assistance where it has not been used in accordance with those rules, including the rule on sound financial management. 3 The application of Article 6(1) of Regulation No 2950/83 on the implementation of Decision 83/516 on the tasks of the European Social Fund, which provides that, where European Social Fund assistance is not used in conformity with the conditions set out in the decision of approval, the Commission may suspend, reduce or withdraw that assistance, may make it necessary for the Commission to assess complex facts and accounts. In making such an assessment, the Commission therefore enjoys a wide discretion. Consequently, the Community judicature must, when examining whether such a power has been lawfully exercised, limit its review to verifying that there has been no manifest error in assessing the facts at issue.