July 19, 2011 Str. Sevastopol nr. 13 - 17, Sector 1 Bucureşti tel 021 212 3126 021 212 3127 fax 021 212 3108 e-mail office@ipp.ro www.ipp.ro Main conclusions of the Institute for Public Policy Monitoring Report on the Structural Funds managing practices (case studies: the Regional Operational Program (ROP), the Operational Program for Human Resources Development (SOP HR), the Operational Program for Public Administrative Capacity Development (SOP ACD). Context Although we reached half of the current Financial Cycle of the Structural Funds in Romania, apparently the main concern of the Government is to access European funds – namely to increase “absorption capacity” no matter how, thus not paying the necessary attention to the sustainable results of these funds absorption, nor to the evaluation and project management criteria. Looking at what has been absorbed in what fields and what kind of projects, one can easily see that there has been no vision about what Romania plans to develop by using these resources. The recent report of the Institute for Public Policy identifies a number of structural problems with regards to the management of structural funds in Romania, that concern the evaluation and selection of projects procedures and the questionable impact that some of them have upon the desirable sustainable objectives at the national level. Methodology The research that supported the elaboration of IPP Report has been implemented during the last 4 months, from March to June 2011, although preliminary collection of information has been initiated before. Main tool of accessing data was the law no. 544/2001, law on citizens’ access to public information. Also the research team carefully analyzed the information available on internet, precisely on the official WebPages of the monitored governmental bodies. Similar monitoring reports of organizations from Bulgaria were very useful in this process of documentation. At this point, IPP questioned three managing authorities that are responsible for the management of: the Regional Operational Program, the Operational Program for Human Resources Development, the Operational Program for Public Administration Development Capacity and the Authority for Structural Funds Coordination. Each of these authorities was questioned about: - List of approved projects per all Axes and major domains of interventions, together with information about the scope and objectives of each of these projects co-financed through structural funds - Copy of the technical assistance contracts - Nominal list of members of project evaluation committees from when the very first calls for proposals were launched until present. Each of these questions raised several obstacles in relation with the Managing Authorities, IPP being asked to justify the need of receiving the information, being asked to visit the premises of the Ministries to make copies of some documents, etc. Finally, the only documents that were given access to were the contracts for the technical assistance provided to each of the Managing Authorities. The available data was later analyzed in relation to the development priorities as included in important strategic documents such as: the 2007 - 2013 National Development Plan, the Framework documents supporting the Operational Programs, the Terms of References for each of the Programs, the minutes of the Managing Authorities meetings etc. The three Managing Authorities were also asked about whether a plan of organizing consultations with the civil society with regards to the next Financial Programming 2014 - 2020 was elaborated. All of them said that no process has been initiated in the light of future Financial Cycle so far. Main outlines of the documentation process There is a severe lack of transparency with regards to the management of structural funds at all levels of administration in Romania, especially at the top level of the Government. The public authorities do not perceive that structural/European funds are public money that has to be spent in full transparency and accountability to the European taxpayers. The efforts for having access to information based on which the current report was elaborated were enormous, still some information was not communicated to IPP. Names of projects’ evaluators, projects management teams and even copies of the projects themselves are still kept secret by the Managing Authorities, evoking thousands of reasons except from the need of acting transparent since there is public money involved. Unfortunately, even some EU officials tend to think the same, which is at the detriment of a country that has to learn act European. The absorption rate is very low. The most serious problem is the calculation methodology that is presented by each Managing Authorities that seems to different from one Authority to another, thus misinforming the Prime Minister and further European officials about the current situation in Romania. Strategic development documents that Romanian governing authorities elaborated in the last years are not consistent with the objectives/terms of references for the approved projects under structural funds. From all data that we could access it was obvious to IPP that there has been no vision when programming these structural funds objectives in the very first instance and this lead to frequent cases of potential overlapping of finances (eg. in the area of human resources training). Although there are large amounts of money allocated for the technical assistance of the Managing Authorities and the decentralized bodies, the actual management of the process is very poor. There have been important amounts of money allocated for training/international exchange visits for the personnel of the Managing Authorities who in the end outsourced almost the whole management process to private companies that also gained huge amount of money for: evaluating projects, training the personnel of the Authorities etc. Detailed conclusions The main conclusions of more than 4 months monitoring activities undertaken by the Institute for Public Policy with regards to the current management of structural funds in Romania, at least at the level of three Managing Authorities, showed the following: 2 • Absorption rate, specifically the structural funds that are already spent, is still very small, from 7% at the Regional Operational Program to almost 20% from the Operational Program for Human Resources Development. What is important to underline are the differences of figures between the Management Authorities and the Structural Funds Coordination Authority (ACIS), determined by the different calculus formula used by MAs. • There is a severe lack of vision and poor capacity of negotiating the budgetary implications of the programs that has been perceived from the moment of the Operational Programs negotiations years ago until present. This explains why the Government is currently concerned with only spending as much as possible rather than focusing on impact and results of these investments. We currently have development strategies financed with thousands of Euro (eg. The County Council of Bacău), golf resorts in villages or projects of millions of Euro run by NGOs which never before managed more than a several thousands, while at the same time we have sectors such as the health sector which is currently desperately needing financial resources to support the reform. • Same lack of vision could explain the fact that the Terms of References for the current projects have no impact indicators or some minimum indicators that do not justify an investment of millions of Euro as they do not contribute to real economic development (this is more obvious in projects financed undr HR SOP). • The Managing Authorities do not communicate explicit information about the stage of reaching their Operational Program’s objectives. Apart from the global figures of absorption (which in fact represent the number of signed contracts and not the spent money), the Managing Authorities do not explain to the public, for example, how many km of roads were rehabilitated with the structural funds so far? How much revenues are collected by the local authorities as one of the stated goals of the SOP ACD is to increase the local revenues? How many trained citizens actually found a job after being trained in a Human Resources Project? • There is a serious lack of transparency at the level of Managing Authorities with regards to the way the structural funds are managed at present; the general excuse is that Brussels is demanding to be discrete with such data. Current study elaborated by the Institute for Public Policy explains that such practices are of Romanian origin. • Information is poorly organized at the level of the Managing Authorities. IPP couldn’t access information about the scope and objectives of the financed projects, nor about the projects management teams, although all such data is concerning public money. • From all gathered data we acknowledge that presently the Authority for Structural Instruments Coordination has actually no role in coordinating and unifying the working practices of the Managing authorities, not even in the area of public information communication. We wonder in this context what is the real contribution of ASIC apart for managing the Operational Program for Technical Assistance that finances important public institutions’ personnel salaries. We therefore suggest that its responsibilities will be transferred to a newly created Ministry managing the elaboration of a national development framework in key sectors of the society as well as with harmonizing these framework objectives with the structural funds 3 opportunities. The new Ministry should be made responsible for accomplishing the stated objectives and also should be empowered to impose sanctions on Managing authorities for any deficiency that is encountered in administrating the sectoral structural funds. The creation of such a state authority is not enough unless it will have qualified personnel that will be recruited more carefully than who were the current Managing authorities employees. At the same time, a single data base with all related structural funds spending information (all financed projects per domains, listing scopes and objectives of the projects, all beneficiaries, geographical regions where various projects were implemented in order to avoid overlapping, etc.) should be created and updated by the newly established body. • Costs with the civil servants and employees managing this process are huge; technical assistance is of aproximately 450 millions of euro, money that is largely used in outsourcing services related to managing the process while also paying the personnel of the managing authorities/ministries working in this area, etc. • Important amounts of money are invested in training the public institutions personnel although almost the entire management process is outsourced to private consultancy companies. Therefore we wonder what is the explanation for spending so much money with the training of the personnel to manage the process while almost the entire structural funds managing process is externalized? ROP for example paid the services of a contracted company to train its personnel in monitoring and evaluating the program and ultimately outsourced this service to a different private entity. • One common practice is to finance variety of projects aimed at advising, qualifying and professionally training all those seeking for new jobs in a county, whereas there are public entities, such as the County Eployment Agencies, which are supposed to do that. We therefore wonder if the decision-makers are considering to restructure these entities, that are left with no role under these circumstances. • There are frequent cases of projects that are gained by private entities which afterwards externalize the entire project thus proving their incapacity to manage it. • Many public authorities, especially the Ministries, coordinate their own projects of millions of euro consisting in carrying on in fact their legal responsibilities. Most relevant example is of the Ministry of Public Administration which gained a project for the purpose of writing laws. We wonder what will motivate the civil servants to further draft other legislation when the project will be over. • The generous available resources of the structural funds have absurdly twisted the IT market in Romania: in the majority of the structural funds, all IT deliverables cost millions of euro, as mentioned in the requirements specified in the Terms of References. Unfortunately, Romania doesn’t have IT specialists working for the National Agency for Regulating and Monitoring the Public Procurements, nor in the Court of Accounts in order to properly assess whether these are the real costs or artificial costs that allows the beneficiaries to finally benefit from the transaction by being paid-back a share. Moreover, most of these IT applications are never really used or get old in maximum 2 years. 4 • There is a certain automatism in drafting proposals under structural funds, the only concern being to submit it as soon as possible, regardless the quality of the proposed activities. This mostly applies to HR SOP where first one who came was also first served which facilitated the development of a whole network of consultancy companies specialized in delivering standard projects following the minimum requirements but submitted immediately under ActionWeb. • Many projects tend to hide the real expenses that are aimed to bring profit to beneficiaries. Business Centers for example that are financed through ROP are in fact office buildings that are rented for the only benefit of the project beneficiaries. Nobody checks these aspects. • Some structural funds priorities not only that do not properly meet the development objectives but they finance investments that are against these objectives. This is the case of the projects financed through ROP in the field of social infrastructure where despite the national engagements of deinstitutionalizing most of the persons from the system, thousands of millions of euro still cover the rehabilitation or even the expanding of the old establishments. • Then obligation of organizing events/launching events at the beginning of the projects proved of being nothing else but an unnecessary spending. Sometimes they only bring profit to the events’ organizers. These beneficiaries should be asked to include all necessary information about the activities of the projects in one single portal/webpage where to update all data about accomplishment of project indicators. • Lack of coordination between Managing Authorities as well as the lack of minimum information about concrete objectives of the projects’ beneficiaries implies the risk of overlapping financing in the same county, for example. It is likely that an NGO, a company or even the local public administration will implement the same activity aiming to reach the same target group. All interested targeted groups should have free access to information about the project. • One category of information that IPP couldn’t access at the level of the three Managing Authorities concerned the evaluators of the projects. Claiming that potential pressures could be exercised upon evaluators or that the evaluation process is outsourced and that the information is no longer available, the Managing authorities denied IPP’s access to such information. The Institute still argues that learning the evaluators names is the only way of preventing conflict of interests therefore we further demand that these names should be made public along with other key information about the projects and published in the same unique website that will be administered by one public entity in charge with the management of structural funds in Romania. • The huge budgets currently administered by the nongovernmental organizations could generate situations of mismanagement or event financial failure. The pre-accession funds experience showed that NGOs were in general managing thousands of euros while today they are in the position of managing millions of euro (eg. Association Sanse Egale pentru Fiecare, an organization which in 2009 has revenues of 17.265 lei/aprox. 4.000 euro is currently implementing a HR SOP project of over 18 million 5 lei, Colfasa Association - project of over 14 million lei and the Association of Women and Families from Rural Areas currently managing a project of over 15 million lei). It will be interesting to follow their results after implementing the projects, especially those accessing strategic grants. • One the other side, there is a trend of confiscating the civil society which has the tendency of becoming bureaucratic, working only in partnership or even subordination relation with the Managing authorities. An important role in preventing such phenomenon should have been played by the representation structures of the civil society which unfortunately made the same mistake, defending the needs of the project beneficiaries rather than the general needs of the sector. • A lot of projects are financing foreign partners - international private entities even when these entities participation is not required by the Terms of References. One possible explanation is the inclusion of exchange visits in other countries for the Romanian beneficiaries. • Representatives of all political parties benefited from the structural funds. For example, in what concerns ROP, The Democrat Liberal Party (PDL) gained 271 projects of 5.758.515.882 lei (aprox. 1,37 bil. Euro), The Social Democrat Party (PSD) gained 236 projects of 4.063.939.643 lei (over 67 bil euro), The National Liberal Party (PNL) gained 83 projects of 1.128.764.326 lei (apro. 270 million euro), the Democratic Union of Hungarians (UDMR) 44 projects of 613.953.548 lei (aprox. 146 millions of euro) and the Conservative Party (PC) - 1 project of 5.254.257 lei (aprox. 1,25 millions euro). In what concerns ACD SOP, here are the figures: PSD gained 69 projects of 35.761.753,13 lei (8.514.703 euro), PNL gained 40 projects of 19.925.929,16 lei (4.744.269 euro), PDL - 37 projects of 17.993.760,12 lei (4.284.228 euro), UDMR - 15 projects, 8.033.401,13 lei which means 1.912.715 euro and PC - 4 projects of 2.407.991, 12 lei (573.331 euro). The exchange rate is of 4,2 lei/euro. We publicly demand to both Managing Authorities and the Government to explain how much from the stated objectives have been reached so far in order to avoid similar mistakes during the future financial cycle that is considered of no priority at this point. The consultation with the civil society in the light of future financial support for Romania should not only serve the formal obligation of conducting such procedure, but will really have to take into account the third sector’ feedback. At the same time, the opposition parties should involve more in monitoring the structural funds spending and implicitly in the institutional reform that is supported by European money, as they have to avoid similar mistakes related to the current financial cycle, in case they will assume the governing of the country. For any further questions, please contact Elena Iorga, Programs Director - Institute for Public Policy, Bucharest, ROMANI at + 4 021 212 3126, e-mail: elena@ipp.ro. 6