Metropolitan Area of Barcelona

July-2022

The Catalan Competition Authority (ACCO) has sent a communication in which it considers appropriate to inform the Anti-Fraud Office that, as part of the tendering process for the concession of a public urban collective transport service promoted by the Metropolitan Area of Barcelona (AMB), it has been observed that there could be relationships between the bidding entity and one of the companies that form a joint venture -with the consequent possible conflict of interest- proposed as the awardee of the aforementioned tender. As a result of the investigative actions, the AMB is recommended, taking into account the applicable regulatory framework, to take appropriate measures in order to fight against fraud, favoritism and corruption, as well as to prevent, detect and remedy effectively the conflicts of interest that may arise in the bidding procedures it calls. These measures should take place, on the one hand, to guarantee the independence and internal controls exercised by the civil servants of the local administration with national qualification and to avoid, at the very least, the provision of these jobs in a way accidental and temporary. In addition, it is necessary to strengthen the community principles of material and formal transparency and equal treatment in all phases of public procurement. Likewise, it is recommended that efforts be directed at the specialization, permanent training and independence of public officials who intervene in the recruitment procedures. Finally, the AMB is urged to initiate, in the event of possible non-compliance, patrimonial and disciplinary liability proceedings against the authorities and personnel in the AMB's service and to report alleged offenders to the corresponding authorities and jurisdictions.