The ECA's statement of assurance provided to the European Parliament and the Council – independent auditor’s report
Date: 2020-09-24
Institutions: European Court of Auditors
Subjects: EU budget, activity report, audit, auditing, budgetary assessment, budgetary control, closing of accounts, financial year








C_2020384EN.01018001.xml










13.11.2020   


EN


Official Journal of the European Union


C 384/180






The ECA's statement of assurance provided to the European Parliament and the Council – independent auditor’s report
(2020/C 384/02)


Opinion















I.


We have audited:






(a)


the consolidated accounts of the European Union, which comprise the consolidated financial statements (1) and the budgetary implementation reports (2) for the financial year ended 31 December 2019, approved by the Commission on 26 June 2020;










(b)


the legality and regularity of the underlying transactions, as required by Article 287 of the Treaty on the Functioning of the European Union (TFEU).














Reliability of the accounts



Opinion on the reliability of the accounts














II.


In our opinion, the consolidated accounts of the European Union (EU) for the year ended 31 December 2019 present fairly, in all material respects, the EU’s financial position as at 31 December 2019, the results of its operations, its cash flows and the changes in its net assets for the year then ended, in accordance with the Financial Regulation and with accounting rules based on internationally accepted accounting standards for the public sector.










Legality and regularity of the transactions underlying the accounts



Revenue







Opinion on the legality and regularity of revenue









III.


In our opinion, the revenue underlying the accounts for the year ended 31 December 2019 is legal and regular in all material respects.









Expenditure







Adverse opinion on the legality and regularity of expenditure









IV.


In our opinion, owing to the significance of the matter described under ‘Basis for adverse opinion on the legality and regularity of expenditure’, the expenditure accepted in the accounts for the year ended 31 December 2019 is materially affected by error.





Basis for Opinion









V.


We have conducted our audit in accordance with the IFAC International Standards on Auditing (ISAs) and Codes of Ethics and the INTOSAI International Standards of Supreme Audit Institutions (ISSAIs). Our responsibilities under these standards and codes are described in more detail in the ‘Auditor’s responsibilities’ section of our report. We have also met independence requirements and fulfilled our ethical obligations under the International Ethics Standards Board for Accountants Code of Ethics for Professional Accountants. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.





Basis for adverse opinion on the legality and regularity of expenditure









VI.


Our overall estimated level of error for expenditure accepted in the accounts for the year ended 31 December 2019 is 2,7 %. A substantial proportion of this expenditure — more than half, is materially affected by error. This concerns mainly reimbursement-based expenditure, in which the estimated level of error is 4,9 %. Due largely to a rise in ‘Cohesion’ spending, such expenditure increased to 66,9 billion euros in 2019, representing 53,1 % of our audit population (3). The effects of the errors we found are therefore both material and pervasive to the accepted expenditure of the year.










Key audit matters



We assessed the liability for pension and other employee benefits














VII.


The EU balance sheet includes a liability for pension and other employee benefits amounting to 97,7 billion euros at the end of 2019, representing almost 40 % of the total 2019 liabilities of 251,5 billion euros.












VIII.


Most of this liability for pension and other employee benefits (83,8 billion euros) relates to the Pension Scheme of Officials and Other Servants of the European Union (PSEO). The liability recorded in the accounts reflects the amount which would have been included in a pension fund had one been set up to pay existing retirement pension obligations (4). In addition to retirement pensions, it covers invalidity pensions and pensions paid to widows and orphans of EU staff. The benefits paid under the pension scheme are charged to the EU budget. Member States jointly guarantee the payment of the benefits, and officials contribute one third of the cost of financing the scheme. Eurostat calculates this liability on behalf of the Commission’s accounting officer, using the parameters assessed by the Commission’s actuarial advisors.












IX.


The second largest part of the liability for pension and other employee benefits (11,8 billion euros) is the EU’s estimated liability towards the Joint Sickness Insurance Scheme (JSIS). This liability relates to EU staff members’ healthcare costs payable during post-activity periods (net of their contributions).












X.


As part of our audit, we assessed, for the pension liability, the actuarial assumptions made and the resulting valuation. We based this evaluation on work done by external actuarial experts to produce a study on the PSEO. We checked the numerical data, the actuarial parameters and the calculation of the liability, as well as the presentation in the consolidated balance sheet and the notes to the consolidated financial statements.












XI.


We conclude that the estimate of the overall liability for pension and other employee benefits stated in the consolidated balance sheet is fair. We will keep that estimate, including the reliability of the underlying data, under review.









We assessed significant year-end estimates presented in the accounts














XII.


At the end of 2019, the estimated value of eligible expenses incurred by beneficiaries but not yet reported was 105,7 billion euros (end of 2018: 99,8 billion euros). These amounts were recorded as accrued expenses (5).












XIII.


At the end of 2019, the estimated amount unused by the financial instruments under shared management and aid schemes recognised in the accounts was 6,9 billion euros (end of 2018: 6,5 billion euros), shown in the balance sheet as ‘Other advances to Member States’.












XIV.


In order to assess these year-end estimates, we examined the system the Commission had set up for the cut-off calculations and ensured its correctness and completeness in the directorates-general where most payments were made. During our audit work on the sample of invoices and pre-financing payments, we examined the relevant cut-off calculations in order to address the risk of accruals having been misstated. We sought additional clarification from the Commission’s accounting services on the general methodology for establishing these estimates.












XV.


We conclude that the estimate of the overall amount of accrued charges and other advances to Member States stated in the consolidated balance sheet is fair.









We assessed the potential impact of post-balance-sheet events on the accounts














XVI.


On 1 February 2020, the United Kingdom (UK) ceased to be an EU Member State. Following the conclusion of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the ‘Withdrawal Agreement’) between the two parties, the UK committed to honour all financial obligations under the current and previous MFFs arising from its EU membership.












XVII.


We have not identified any events relating to the UK’s withdrawal that would require adjustments to the 2019 EU consolidated annual accounts in accordance with the international accounting standard on events after the reporting date (6).












XVIII.


While the COVID-19 outbreak seriously affected Member States’ economies and public finances, it did not require any adjustment to the figures reported in the accounts (7) (i.e. it is a ‘non-adjusting event’). However, the initiatives proposed by the Commission in response may, if implemented, affect the financial statements for subsequent reporting periods.












XIX.


Based on the current situation, there is no financial impact to report in the 2019 EU consolidated annual accounts, and we conclude that the accounts as at 31 December 2019 correctly reflect the post-balance-sheet events.










Other matters















XX.


Management is responsible for providing ‘other information’. This term encompasses the Financial Statement Discussion and Analysis, but not the consolidated accounts or our report on these. Our opinion on the consolidated accounts does not cover this other information, and we do not express any form of assurance conclusion on it. Our responsibility in connection with the audit of the consolidated accounts is to read the other information and consider whether it is materially inconsistent with the consolidated accounts or the knowledge we have obtained in the audit or otherwise appears to be materially misstated. If we conclude that the other information is materially misstated, we are required to report this accordingly. We have nothing to report in this regard.









Responsibilities of management














XXI.


In accordance with Articles 310 to 325 of the TFEU and with the Financial Regulation, management is responsible for preparing and presenting the EU’s consolidated accounts on the basis of internationally accepted accounting standards for the public sector, and for the legality and regularity of the underlying transactions. This responsibility includes designing, implementing and maintaining internal control relevant to the preparation and presentation of financial statements that are free from material misstatement, whether due to fraud or error. Management is also responsible for ensuring that the activities, financial transactions and information reflected in the financial statements are in compliance with the authorities (laws, regulations, principles, rules and standards) which govern them. The Commission is ultimately responsible for the legality and regularity of the transactions underlying the EU’s accounts (Article 317 of the TFEU).












XXII.


When preparing the consolidated accounts, management is responsible for assessing the EU’s ability to continue as a going concern, disclosing any relevant matters and using the going concern basis of accounting unless it either intends to liquidate the entity or cease operations, or has no realistic alternative but to do so.












XXIII.


The Commission is responsible for overseeing the EU’s financial reporting process.












XXIV.


Under the Financial Regulation (Title XIII), the Commission’s accounting officer must present for audit the consolidated accounts of the EU first as provisional accounts by 31 March of the following year and as final accounts by 31 July. The provisional accounts should already give a true and fair view of the EU’s financial position. It is therefore imperative that all items of the provisional accounts are presented as final calculations, allowing us to perform our task in line with (Title XIII) of the Financial Regulation and by the given deadlines. Any changes between the provisional and final accounts would normally result from our observations only.









Auditor's responsibilities for the audit of the consolidated accounts and underlying transactions














XXV.


Our objectives are to obtain reasonable assurance as to whether the EU’s consolidated accounts are free from material misstatement and the underlying transactions are legal and regular and on the basis of our audit, to provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions. Reasonable assurance is a high level of assurance, but it is not a guarantee that the audit has necessarily detected all instances of material misstatement or non-compliance that may exist. These can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence any economic decisions taken on the basis of these consolidated accounts.












XXVI.


For revenue, our examination of VAT and GNI-based own resources takes as its starting point the macroeconomic aggregates from which these are calculated, and assesses the Commission's systems for processing these up to the point at which the Member States’ contributions have been received and recorded in the consolidated accounts. For traditional own resources, we examine the customs authorities’ accounts and analyse the flow of duties up until the amounts have been received by the Commission and recorded in the accounts.












XXVII.


For expenditure, we examine payment transactions once expenditure has been incurred, recorded and accepted. This examination covers all categories of payments at the point they are made, except advances. We examine advance payments once the recipient of funds has provided evidence of their proper use and the institution or body has accepted that evidence by clearing the advance payment, which might not happen until a subsequent year.












XXVIII.


We exercise professional judgement and maintain professional scepticism throughout the audit. We also:






(a)


Identify and assess the risks of material misstatement of the consolidated accounts and of material non-compliance of the underlying transactions with the requirements of EU law, whether due to fraud or error. We design and perform audit procedures responsive to those risks and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. Instances of material misstatement or non-compliance resulting from fraud are more difficult to detect than those resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Consequently, there is a greater risk of such instances not being detected.










(b)


Obtain an understanding of internal control relevant to the audit in order to design appropriate audit procedures, but not for the purpose of expressing an opinion on the effectiveness of the internal control.










(c)


Evaluate the appropriateness of the accounting policies used by management and the reasonableness of management’s accounting estimates and related disclosures.










(d)


Conclude as to the appropriateness of management’s use of the going concern basis of accounting and, based on the audit evidence obtained, as to whether material uncertainty exists owing to events or conditions that may cast significant doubt on the entity’s ability to continue as a going concern. If we conclude that such material uncertainty exists, we are required to draw attention in our report to the related disclosures in the consolidated accounts or, if these disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our report. However, future events or conditions may cause the entity to cease to continue as a going concern.










(e)


Evaluate the overall presentation, structure and content of the consolidated accounts, including all disclosures, and assess whether the consolidated accounts fairly represent the underlying transactions and events.










(f)


Obtain sufficient appropriate audit evidence regarding the financial information on the entities covered by the EU’s scope of consolidation to express an opinion on the consolidated accounts and the underlying transactions. We are responsible for directing, supervising and carrying out the audit, and are solely responsible for our audit opinion.
















XXIX.


We communicate with management regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including findings of any significant deficiencies in internal control.












XXX.


Of the matters discussed with the Commission and other audited entities, we determine which were of most significance in the audit of the consolidated accounts and are therefore the key audit matters for the current period. We describe these matters in our report unless law or regulation precludes public disclosure or, as happens extremely rarely, we determine that a matter should not be communicated in our report because the adverse consequences of doing so would reasonably be expected to outweigh any public interest benefits.









24 September 2020

Klaus-Heiner LEHNE

President

European Court of Auditors
12, rue Alcide De Gasperi — L-1615 Luxembourg




(1)  The consolidated financial statements comprise the balance sheet, the statement of financial performance, the cash flow statement, the statement of changes in net assets, and a summary of significant accounting policies and other explanatory notes (including segment reporting).

(2)  The budgetary implementation reports also comprise explanatory notes.

(3)  We provide further information in paragraphs 
1.21
 to 
1.26
 of our 2019 annual report.

(4)  See International Public Sector Accounting Standard (IPSAS) 39 — Employee benefits. For the PSEO, the defined benefit obligation reflects the present value of expected future payments that the EU will be required to make in order to settle the pension obligations resulting from employee service in the current and previous periods.

(5)  These comprise accrued charges of 66,9 billion euros on the liabilities side of the balance sheet and, on the assets side, 38,8 billion euros reducing the value of pre-financing.

(6)  See IPSAS 14 — Events after the Reporting Date.

(7)  See IPSAS 14 — Events after the Reporting Date.