Legality Audit of the destruction issuance certificate for official vehicles/construction machinery due to flooding

Following a complaint, the National Transparency Authority carried out an audit in a municipality in Thessaly regarding the legality of the actions taken by the municipality's competent bodies, in relation to the issuance of a certificate of destruction for official vehicles and construction machinery due to flooding.

The complaint concerned the alleged destruction of vehicles belonging to the aforementioned municipality, with a view to securing funding for the procurement of new ones.

Specifically, it is reported that 10 vehicles and construction machinery were destroyed; however, according to documents and assessments from the municipality itself, most of these continue to be in use, are being maintained and refueled (DIAYGEIA/ Transparency Portal), whilst some were already out of service and written off prior to the flood.

NTA Audit Findings:

• The Mayor has issued a certificate stating that specific service vehicles/Construction Machinery (M.E.) were destroyed as a result of bad weather/flooding. However, in accordance with the legislation in force regarding the decommissioning of vehicles, it does not appear that the issuance of this certificate was based on relevant minutes, technical reports, etc., from a competent committee or department of the Municipality, or on a relevant decision by the Municipal Council. The above Certificate appears to have been issued in the context of relevant funding from the Ministry of the Interior, as it is mentioned in a Decision of the Municipal Committee, which approved the Assessment and the relevant procedure for launching a tender for the supply of new vehicles to replace those reportedly destroyed. The Municipal Committee subsequently approved an assessment, as part of the relevant tender, for the supply of liquid fuels, including for the vehicles confirmed as having been destroyed.

It should be noted that the Ministry of the Interior has now revoked its funding decision.

• It was found that a relevant tender was conducted for the procurement of new vehicles without a contract being signed, as the Court of Auditors did not approve the plan.
• Following a review of the relevant payment orders for the costs of supplying fuel for project vehicles and construction machinery, it was determined that the vehicles in question were in operation and being refueled after the date on which the Mayor's Certificate was issued. Furthermore, the audit findings revealed that the majority of vehicles listed as damaged are currently in service within the municipality's fleet. Moreover, certain vehicles appear in the records kept by the authority (Municipality) as 'to be withdrawn', yet the Municipality has not yet initiated the administrative procedure for their withdrawal.
• With regard to the periodic technical roadworthiness tests (KTEO) for construction machinery, it was found that the relevant provision has not been implemented, as the relevant implementing decision by the Minister of Infrastructure and Transport has not been issued.
• The following payment orders were used to establish (a) fuel procurement costs; (b) vehicle and construction machinery repair costs; and (c) the recent technical inspection reports from the Roadworthiness Test Centre (KTEO/Vehicle Technical Inspection Centre), for certain vehicles, the test result was 'Pass' or 'Minor defects'. This contradicts the Certificate of Destruction.

Proposals – Recommendations:

Following NTA Audit Report:

• the Head of the Directorate-General for Specifications, Registers and Expropriations of the General Secretariat for Infrastructure at the Ministry of Infrastructure and Transport was invited to expedite the procedures for issuing the relevant Joint Ministerial Decision and Ministerial Decision concerning the bodies responsible for inspecting the technical suitability of construction machinery.
• The Mayor was also invited to (a) implement the administrative procedure for the withdrawal of vehicles which appear in the Municipality’s records as withdrawn/flooded, etc.; (b) carry out the relevant mechanical inspection to determine whether the vehicles referred to in the Certificate in question are safe to drive and use on the roads; and (c) maintain and carry out regular and ad hoc technical inspections on all types of vehicles belonging to the Municipality. The Municipality has already partially implemented the NTA’s proposals/recommendations and issued relevant notices regarding on-time and overdue technical inspections by the technical roadworthiness tests center (KTEO) for some vehicles, with inspection results of 'Pass' or 'Minor defects'.

The NTA Audit Report was forwarded to:

• The Secretary of the Decentralized Administration of Thessaly and Central Greece, regarding the exercise of her disciplinary powers against the Mayor and the members of the Municipal Committee; and to the Deputy Mayor, regarding the exercise of his disciplinary powers against the Heads of the municipal departments.
• The Athens Public Prosecutor for the Court of Appeal to investigate any potential criminal liability.
• The Minister of the Interior for their information and assessment.
• The Commissioner's Office of the Court of Auditors for information.