call for expressions of interest for experts in matter of bank resolution

CALL FOR EXPRESSIONS OF INTEREST
FOR EXPERTS IN MATTER OF BANK RESOLUTION
SHORT-TERM ASSIGNMENTS
PR 518
1.
CONTEXT AND OBJECTIVE
2.
FIELDS OF EXPERTISE OF THE EXPERTS
FIELD 1: ENTITY VALUATION AND THE VALUATION OF FINANCIAL INSTRUMENTS
FIELD 2: BANK RISK CONTROL
FIELD 3: ASSESSMENT OF THE RESOLUTION PLANNING, THE RESOLUTION TOOLS AND THE
RESOLUTION MEASURES
3.
GENERAL QUALIFICATIONS FOR THE SUBJECT MATTER EXPERTS
4.
TYPE AND DURATION OF ASSIGNMENTS
5.
REMUNERATION
6.
SELECTION PROCEDURE
7.
DISCLAIMER
8.
DATA PROTECTION
9.
EX-POST TRANSPARENCY
10. DATE OF DISPATCH OF NOTICE AND VALIDITY OF THE ROSTER
11. CONTACT
12. ANNEXES
ANNEX 1: DECLARATION OF CONFIDENTIALITY AND PERSONAL DATA PROTECTION
ANNEX 2: DECLARATION OF HONOUR ON EXCLUSION CRITERIA
1.
CONTEXT AND OBJECTIVE
The European Court of Auditors (ECA) is the external auditor of the European Union. For general information
about
the
Court
of
Auditors,
please
refer
to
our
website
at
the
following
link: http://www.eca.europa.eu/Pages/Splash.aspx.
The ECA may carry out performance audits in the context of the European Banking Union, and in particular of
the Single Resolution Mechanism for banks. By virtue of Article 92 of Regulation (EU) No 806/2014 of the
European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for
the resolution of credit institutions and certain investment firms in the framework of a Single Resolution
Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 1, the ECA’s mandate is
to audit the use of the Single Resolution Fund (the “Fund”) supporting the Single Resolution Mechanism
(“SRM”), and in particular to examine, on an annual basis, whether:
(a) sufficient regard was had to economy, efficiency and effectiveness with which the Fund has been used,
in particular the need to minimise the use of the Fund;
(b) the assessment of Fund aid was efficient and rigorous.
Based on its findings, the ECA will produce a yearly report which will be made public.
To prepare the reports, the audit team may need to be supported by expert opinions and advice (hereinafter
“the assignment”).
The ECA is therefore organising a call for expression of interest on the basis of Article 204 of the Financial
Regulation 2 with a view to draw on a roster of relevant experts to undertake short-term assignments, in the
context of a service contract. This is not an employment contract. The list will be subdivided according to three
different fields of expertise (see below).
2.
FIELDS OF EXPERTISE OF THE EXPERTS
There are three fields of expertise in which the ECA might need to seek support from the experts.
1
Available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R0806
2
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012
on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC,
Euratom) No 1605/2002 (OJ L 298 of 26.10.2012, p. 1) as amended.
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FIELD 1: ENTITY VALUATION AND THE VALUATION OF FINANCIAL INSTRUMENTS
FIELD 2: BANK RISK CONTROL
FIELD 3: ASSESSMENT OF THE RESOLUTION PLANNING, THE RESOLUTION TOOLS AND THE
RESOLUTION MEASURES
FIELD 1: ENTITY VALUATION AND THE VALUATION OF FINANCIAL INSTRUMENTS
The assignments may inter alia cover valuation issues related to:
−
thorough analysis of provisional and final valuations of assets and liabilities of credit institutions,
−
assessment of off-balance sheet exposures and commitments,
−
long- and short-term viability, burden sharing, performance and sustainability of credit institutions,
−
valuation of required MREL quota,
−
conversion of capital instruments (e. g. debt/equity swap, write-down of liabilities, bail-in of creditors),
−
assessment on the “no creditor worse off” principle (no creditor being worse off in resolution than under
normal insolvency proceedings),
−
assessment of the commercial terms of assets transferred in a resolution situation.
FIELD 2: BANK RISK CONTROL
The assignments may inter alia cover risk control issues related to:
−
evaluation of the risks to which credit institutions are exposed (e.g. credit risks, market risks, liquidity risks
etc.),
−
application of resolution tools and resolution measures from a risk perspective,
−
restructuring and recovery plans from a risk perspective,
−
evaluation of stress testing,
−
assessment of contingent liabilities and corporate risks.
FIELD 3: ASSESSMENT OF THE RESOLUTION PLANNING, THE RESOLUTION TOOLS AND THE
RESOLUTION MEASURES
The assignments may inter alia cover issues related to:
−
assessment of recovery and resolution plans, schemes and strategies,
−
impediments to resolvability and resolution measures applied,
−
resolution actions of the Single Resolution Board,
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−
assessment of required MREL quota of credit institutions,
−
conversion of capital instruments (e. g. debt/equity swap, write-down of liabilities, bail-in of creditors),
−
assessment if the resolution conditions and objectives were met.
3.
GENERAL QUALIFICATIONS FOR THE SUBJECT MATTER EXPERTS
To be listed on the ECA’s expert roster, the applicant shall:
−
submit proof of a relevant professional experience of at least 5 years (as from the date of the diploma),
−
hold a university degree of at least 4 years relevant to the subject matter,
−
have at least a B2 level in English or in French - see link to the Self-assessment grid from Common European
Framework of Reference for Languages :
https://europass.cedefop.europa.eu/en/resources/european-language-levels-cefr
−
be a natural person coming from an EU Member State or from a third country which has a special
agreement with the Union in the field of public procurement or be a natural person who is a national of the
country which has ratified the GPA agreement.
Experts shall have good analytical skills, well-developed oral and written communication in English or French
since these are the two working languages at the ECA. The ability to conduct technical discussions and to write
reports to a high standard and under tight deadlines is essential. Experts should handle sensitive issues with
discretion.
4.
TYPE AND DURATION OF ASSIGNMENTS
ECA short-term expert assignments might involve support to the audit team in the ECA premises (Luxembourg),
participation in audit missions of one to two weeks (mainly to Brussels, Belgium), remotely carrying out specific
studies or drafting reports, and/or provide training to ECA staff.
The duration of assignments is decided by the ECA at the beginning of an assignment and it might take from
several days to up to one month. Occasionally, it might be extended afterwards by mutual agreement.
5.
REMUNERATION
The experts listed in the roster are remunerated at the daily rate of 8 working hours (VAT excluded). There are
three bands of expert remuneration according to the relevant experience:
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i.
Junior expert with a minimum of 5 to 9 years relevant experience: EUR 1,000 as a daily rate,
ii.
Intermediate expert with a minimum of 10 to 14 years relevant experience: EUR 1,500 as a daily rate,
iii.
Senior expert with a minimum of 15 years relevant experience: EUR 2,000 as a daily rate.
This remuneration is all-inclusive, calculated to cover all the expenditure borne by the expert in the
performance of the assignment. Travel and subsistence costs expenses are reimbursed in case it is necessary for
the performance of the assignment and stipulated in the contract.
6.
SELECTION PROCEDURE
Experts with the relevant experience who are available for short-term assignments are invited to fill in the
curriculum vitae in europass format (https://europass.cedefop.europa.eu/editors/en/cv/compose) with their
full contact details and to send it to [email protected]. In the subject line of the e-mail,
the expert must refer to the number of the procedure (PR 518) and the field of expertise for which they apply
to. Example: “PR 518 - FIELD 2: BANK RISK CONTROL”.
Along with his/her application, the applicant shall fill in and return the attached declaration of confidentiality
and personal data protection (annex 1) and the declaration of honour on exclusion criteria (annex 2).
In applying for inclusion in this roster, the applicant accepts all the terms and conditions contained in the call for
interest and in the general conditions for supply, service and works contracts of the ECA
(http://www.eca.europa.eu/en/Pages/General-conditions.aspx) and irrevocable commits to perform the
assignment contract under those conditions and the ones set out in the assignment if he/she signs the contract.
The CVs received will be evaluated with regard to the general qualifications and field expertise criteria needed
for inclusion on the ECA expert roster. In some cases, the applicant might be contacted for further information.
Within 30 days, the applicant shall be informed of the ECA’s decision as to whether his/her name has been
included on the ECA expert roster.
Should a suitable assignment arise, the expert with matching skills on the roster will be considered for the
assignment contract and will be directly contacted to discuss his/her interest, availability and absence of conflict
of interests.
The expert shall return his/her assignment contract signed within 2 days along with a declaration of honour on
absence of conflict of interests, and with bank details for the payment.
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7. DISCLAIMER
Inclusion of an expert on the roster does not imply any obligation for the European Court of Auditors to contract
the expert. The experts on the roster are not ECA staff and are not specifically endorsed by the ECA. The
opinions and thoughts expressed by the experts are not representative of the views of the ECA. The Court is
entitled to terminate the roster at any time without any type of compensation.
8. DATA PROTECTION
Since the processing of the application involves the recording and processing of personal data (such as name,
address and CV), such data will be processed pursuant to Regulation (EC) No 45/2001 on the protection of
individuals with regard to the processing of personal data by the Community institutions and bodies and on the
free movement of such data. Unless indicated otherwise, the expert’s data will be processed solely for the
evaluation of his/her application and the use of the roster by the Court of auditors.
However, personal data may, where appropriate, be transferred to our external and internal audit bodies, the
Financial Irregularities Panel (FIP) and the European Anti-Fraud Office (OLAF) of the European Commission.
The expert may, upon request, obtain access to his/her personal data and ask for any inaccurate or incomplete
personal data to be rectified or ask for his/her name to be removed from the list. Should he/she have any
queries concerning the processing of his/her data, he/she may address them to the Court's Data Protection
Officer. As regards the processing of his/her personal data, he/she has the right of recourse at any time to the
European Data Protection Supervisor.
The expert’s personal data may be registered in the Early Detection and Exclusion System (EDES) if he/she is in
one of the situations mentioned in Article 106 of the Financial Regulation.
9. EX-POST TRANSPARENCY
A list of experts (name and subject of the tasks executed) who have concluded a contract following this
procedure shall be published on the Court’s website.
If an expert has concluded a contract of more than €15 000, the name, the locality (region of origin), amount,
and subject of the contract shall be published on the ECA’s website no later than 30 June of the year following
contract award. The information shall be removed two years after the year of contract award.
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10. DATE OF DISPATCH OF NOTICE AND VALIDITY OF THE ROSTER
This call for expressions of interest for experts is published inter alia on the ECA’s website as of 26 November
2015 available at http://www.eca.europa.eu/en/Pages/PublicProcurement.aspx.
Applications can be filed until 31 December 2018. Experts in the roster can be called up for assignment until 30
April 2019.
11. CONTACT
Any requests for additional information must only be made in writing, via email, to:
[email protected]
12. ANNEXES
ANNEX 1: declaration of confidentiality and personal data protection.
ANNEX 2: declaration of honour on exclusion criteria.
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ANNEX 1
DECLARATION OF CONFIDENTIALITY AND PERSONAL DATA PROTECTION
I undersigned, Mr/Mrs ………………………………………………………………………………………………………, formally declare that:
 I will treat confidentially any information and documents, in any form (i.e. paper or electronic),
disclosed in writing or orally in relation to the proposed assignment and/or the performance of
the contract and process any personal data in accordance with the requirements of regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal data by the Community institutions and bodies and
on the free movement of such data.
 I am fully aware of my obligations inter alia in terms of confidentiality and
personal
data
protection
arising
from
the
General
conditions
for
supply,
service
and
work
contracts
of
the
European
Court
of
Auditors
(available
at http://www.eca.europa.eu/en/Pages/General-conditions.aspx).
 I will undertake to observe strict confidentiality in relation to my work as follows:

I will not use or disclose directly or indirectly confidential information or documents for any
purpose other than fulfilling my obligations under the contract without prior written
approval of the Court of Auditors.

I will not discuss my work with others, including other experts or relevant service staff not
directly involved.

I will not communicate outside the ECA team in charge of the audit any confidential
information that is revealed to me or that I have discovered. I will not make any adverse
use of information given to me.
I shall continue to be bound by these undertakings after completion of my work unless this disclosure of
confidential information is required by law.
 If material/documents/reports/deliverables are made available to me either on paper or electronically I
agree to be held personally responsible for maintaining the confidentiality of any documents or
electronic files sent and for returning, erasing or destroying all confidential documents or files upon
completing my work as instructed.
 When my work takes place in premises controlled by the Court of Auditors or relevant service, I:

must not remove from the premises any copies or notes, either on paper or in electronic
form,

will be held personally responsible for maintaining the confidentiality of any documents or
electronic files sent, and for returning, erasing or destroying all confidential documents or
files on completing my work as instructed.
 If I seek further information (for example through the internet, specialised databases, etc.) to complete
my work, I:

must respect the overall rules for confidentiality for obtaining such information,

must not contact third parties without prior written approval of the Court of Auditors.
Date:
………………………………………………………..Place:…………………………………………………………………………………………
Signature…………………………………………………………………………………………………………………………………………………………….
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ANNEX 2
DECLARATION OF HONOUR ON EXCLUSION CRITERIA
The undersigned, Mr/Mrs ………………………………………………………………………………………………………………………………,
ID or passport number:
(1) declares whether he/she is in one of the following situations or not:
SITUATION OF EXCLUSION CONCERNING THE PERSON
YES
NO
(a) he/she is bankrupt, subject to insolvency or winding up procedures, his/her assets are
being administered by a liquidator or by a court, he/she is in an arrangement with
creditors, his/her business activities are suspended or he/she is in any analogous
situation arising from a similar procedure provided for under national legislation or
regulations;
(b) it has been established by a final judgement or a final administrative decision that
he/she is in breach of his/her obligations relating to the payment of taxes or social
security contributions in accordance with the law of the country in which it is
established, with those of the country in which the contracting authority is located or
those of the country of the performance of the contract;
(c) it has been established by a final judgement or a final administrative decision that he/she is guilty of
grave professional misconduct by having violated applicable laws or regulations or ethical standards of
the profession to which he/she belongs, or by having engaged in any wrongful conduct which has an
impact on its professional credibity where such conduct denotes wrongful intent or gross negligence,
including, in particular, any of the following:
(i) fraudulently or negligently misrepresenting information required for the verification
of the absence of grounds for exclusion or the fulfilment of selection criteria or in
the performance of a contract;
(ii) entering into agreement with other persons with the aim of distorting competition;
(iii) violating intellectual property rights;
(iv) attempting to influence the decision-making process of the contracting authority
during the award procedure;
(v) attempting to obtain confidential information that may confer upon it undue
advantages in the award procedure;
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(d) it has been established by a final judgement that the he/she is guilty of any of the following:
(i) fraud, within the meaning of Article 1 of the Convention on the protection of the
European Communities' financial interests, drawn up by the Council Act of 26 July
1995;
(ii) corruption, as defined in Article 3 of the Convention on the fight against corruption
involving officials of the European Communities or officials of EU Member States,
drawn up by the Council Act of 26 May 1997, and in Article 2(1) of Council
Framework Decision 2003/568/JHA, as well as corruption as defined in the legal
provisions of the country where the contracting authority is located, the country in
which he/she is established or the country of the performance of the contract;
(iii) participation in a criminal organisation, as defined in Article 2 of Council Framework
Decision 2008/841/JHA;
(iv) money laundering or terrorist financing, as defined in Article 1 of Directive
2005/60/EC of the European Parliament and of the Council;
(v) terrorist-related offences or offences linked to terrorist activities, as defined in
Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or
inciting, aiding, abetting or attempting to commit such offences, as referred to in
Article 4 of that Decision;
(vi) child labour or other forms of trafficking in human beings as defined in Article 2 of
Directive 2011/36/EU of the European Parliament and of the Council;
(e) he/she has shown significant deficiencies in complying with the main obligations in the
performance of a contract financed by the Union’s budget, which has led to its early
termination or to the application of liquidated damages or other contractual penalties,
or which has been discovered following checks, audits or investigations by an
Authorising Officer, OLAF or the Court of Auditors;
(f) it has been established by a final judgment or final administrative decision that the
he/she has committed an irregularity within the meaning of Article 1(2) of Council
Regulation (EC, Euratom) No 2988/95;
(g) for the situations of grave professional misconduct, fraud, corruption, other criminal
offences, significant deficiencies in the performance of the contract or irregularity, the
applicant is subject to:
(i) facts established in the context of audits or investigations carried out by the Court of
Auditors, OLAF or internal audit, or any other check, audit or control performed
under the responsibility of an authorising officer of an EU institution, of a European
office or of an EU agency or body;
(ii) non-final administrative decisions which may include disciplinary measures taken by
the competent supervisory body responsible for the verification of the application
of standards of professional ethics;
(iii)decisions of the ECB, the EIB, the European Investment Fund or international
organisations;
(iv)decisions of the Commission relating to the infringement of the Union's competition
rules or of a national competent authority relating to the infringement of Union or
national competition law; or
(v) decisions of exclusion by an authorising officer of an EU institution, of a European
office or of an EU agency or body.
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(2) declares whether he/she is in one of the following situations or not:
GROUNDS FOR REJECTION FROM THIS PROCEDURE
YES
NO
(h) he/she has not distorted competition by being previously involved in the preparation of
procurement documents for this procurement procedure;
(i) he/she has provided accurate, sincere and complete information to the contracting
authority within the context of this procurement procedure;
(3) he/she acknowledges that he/she may be subject to rejection from this procedure and to
administrative sanctions (exclusion or financial penalty) if any of the declarations or information
provided as a condition for participating in this procedure prove to be false.
REMEDIAL MEASURES
If he/she declares one of the situations of exclusion listed above, it should indicate the measures it has taken to
remedy the exclusion situation, thus demonstrating its reliability. They may include e.g. technical, organisational
and personnel measures to prevent further occurrence, compensation of damage or payment of fines. The
relevant documentary evidence which appropriately illustrates the remedial measures taken should be provided
in annex to this declaration. This does not apply for the situations referred in point (d) of this declaration.
EVIDENCE UPON REQUEST
Upon request and within the time limit set by the Court of Auditors he/she shall provide information as well as
the following evidence:
-
For situations described in (a), (c), (d) or (f), production of a recent extract from the judicial record is
required or, failing that, an equivalent document recently issued by a judicial or administrative
authority in the country of establishment showing that those requirements are satisfied.
-
For the situation described in point (a) or (b), production of recent certificates issued by the
competent authorities of the State concerned are required. These documents must provide evidence
covering all taxes and social security contributions for which he/she is liable, including for example,
VAT, income tax (natural persons only), company tax (legal persons only) and social security
contributions. Where any document described above is not issued in the country concerned, it may
be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn
statement made before an administrative authority or a qualified professional body in its country of
establishment.
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If he/she already submitted such evidence for the purpose of another procedure, its issuing date does not
exceed one year and it is still valid, he/she shall declare on its honour that the documentary evidence has
already been provided and confirm that no changes have occurred in its situation.
Date:…………………………………………………..Place:………………………………………………………………………………………………………
Signature……………………………………………………………………………………………………………………………………………………………...
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Click here for Annexes 1 and 2 in word format:
http://www.eca.europa.eu/en/Documents/ANNEX_1-Declaration_of_confidentiality_and_personal_data_protection.docx
http://www.eca.europa.eu/en/Documents/ANNEX_2-Declaration_of_honour_on_exclusion_criteria.docx
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