Spain will analyze ‘ex ante’ the risk of conflict of interest in Recovery Plan contracts

Launches an online training platform for Recovery Plan managers

25 Jan. () –

The Ministry of Finance and Public Function has approved an Order that regulates the procedure to analyze ‘ex ante’ the risk of conflict of interest in contracts and subsidies of the Recovery, Transformation and Resilience Plan.

The Official State Gazette (BOE) has published this Wednesday the Order regulating the necessary aspects to comply with the additional provision of the 2023 General State Budget regarding the procedure for systematic and automated analysis of the risk of conflict of interest in the procedures that execute the Recovery Plan.

As explained by the Department headed by María Jesús Montero through a statement, this order reinforces the prevention of conflicts of interest, preventing them from ever occurring. In addition, it allows all Member States to comply with a requirement of the European Commission in the area of ​​executing the approved recovery and transformation plans.

This ‘ex ante’ analysis will be carried out in the procedures for awarding contracts and granting subsidies linked to the execution of the aforementioned Recovery Plan, with the aim of verifying the absence of conflict of interest between the members of the governing bodies. contracting and granting of subsidies, and the participants in the aforementioned procedures in the different phases thereof.

All this based on a ‘data mining’ computer tool from the Tax Agency, called ‘Minerva’. Through said computer application of the Tax Agency, possible family relationships or corporate ties, direct or indirect, in which there may be a personal or economic interest that could cause a conflict of interest, will be analyzed, with the particularity that in said analysis the real ownership of the bidders or applicant will be taken into account.

DECLARATION OF ABSENCE OF CONFLICT OF INTEREST

For this reason, the order includes a new model of declaration of absence of conflict of interest (DACI) of the decision-makers in the contracting procedures or granting of aid, which refers to the absence of conflict of interest, not only with the bidders in contracting procedures or applicants in aid granting procedures, but also with the beneficial owners of both.

Likewise, it includes the procedure for obtaining data on beneficial ownership in cases in which the Tax Agency does not have it.

Finally, the specialized advisory unit on conflict of interest is created in the General Intervention of the State Administration, which will have among its functions to disseminate good practices to avoid and prevent conflicts of interest or prepare practical manuals on the identification and form to address conflict of interest situations.

ANALYSIS PROCEDURE AND LEGAL EFFICACY OF ITS RESULTS

The Ministerial Order includes the description of the procedure for uploading information into the Tax Agency’s computer tool for carrying out the analysis of the risk of conflict of interest, as well as the return by it of the results of the analysis.

As detailed by the Treasury, if the result materializes in a red flag because a situation of risk of conflict of interest has been identified, the decision-makers affected by it are expected to abstain in the procedure.

The results of the analysis carried out must be recorded in the CoFFEE application –the Recovery Plan management information system–, for the purposes of possible audits that may be carried out by the competent authorities of the Recovery and Resilience Mechanism.

ONLINE TRAINING PLATFORM FOR PLAN MANAGERS

The Treasury has also launched the new online training platform aimed at managers of the Recovery, Transformation and Resilience Plan (PRTR) of the different public administrations.

Access to this platform is open to users of the Recovery Plan management information system (CoFFEE) and will gradually be extended to other public employees involved in managing the Plan.

The training program is made up of seven courses that cover all the information necessary to understand the concepts of the Plan, delve into its management and monitoring, and use the CoFFEE tool.

The platform contains a total of 35 videos, one for each module, as well as support material that is equivalent to 25 hours of training. In addition, each course has a final questionnaire that each user must pass in order to move on to the next module until obtaining the corresponding proof of having completed the course.

MORE THAN 2,200 PUBLIC EMPLOYEES HAVE ACCESSED THE TRAINING

The General Secretariat of European Funds, in collaboration with the National Institute of Public Administration (INAP) and the Institute of Fiscal Studies (IEF), has already trained a total of 2,214 public employees of the General State Administration, the autonomous communities and local entities for the management of the Recovery Plan.

Specifically, 908 public employees of the General State Administration have been trained; 792 from autonomous communities and cities and 514 from local entities.

During the first semester of 2023, it is planned to hold two editions of the face-to-face courses, one aimed at secretaries and auditors and another for managers, in both cases of local entities.