# CE2004084EN.01063001.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/630 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/630

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(2004/C 84 E/0708)

WRITTEN QUESTION E-0570/04

by Herbert Bösch (PSE) to the Commission

(26 February 2004)

Subject:   Commission officials on leave

Subject:

According to the answer to my Written Question E-3061/02 (1), there were over 566 officials on leave for personal reasons on 10 December 2002. A closer look at the circumstances of 400 officials showed that around 10 % are otherwise employed.

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| 1. | Can the Commission give an idea of how many officials were definitely on personal leave at the end of 2003 and how many of them were otherwise employed? |
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1.

Can the Commission give an idea of how many officials were definitely on personal leave at the end of 2003 and how many of them were otherwise employed?

| 2. | What measures has the Commission taken to prevent conflicts of interests among EU officials who are on leave for personal reasons, yet are actively employed during this time? |
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2.

What measures has the Commission taken to prevent conflicts of interests among EU officials who are on leave for personal reasons, yet are actively employed during this time?

| 3. | Has the firm mentioned in the Agence Europe report of 30 September 2002, GPlus Europe, withdrawn definitively from the contract as part of the ASCII Consortium or does it in some way continue to be involved in carrying out the contract? |
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3.

Has the firm mentioned in the Agence Europe report of 30 September 2002, GPlus Europe, withdrawn definitively from the contract as part of the ASCII Consortium or does it in some way continue to be involved in carrying out the contract?

Answer given by Mr Kinnock on behalf of the Commission

(15 April 2004)

(15 April 2004)

| 1. | As at 31 December 2003, 532 officials were on leave on personal grounds. Of these, 18 % indicated another professional activity as the reason for this leave. It should be noted that, provided that appropriate permission is obtained, it is entirely compatible with provisions for leave on personal grounds for an official to undertake other work — indeed it may be in the interests of the official to broaden his or her professional experience. |
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1.

As at 31 December 2003, 532 officials were on leave on personal grounds. Of these, 18 % indicated another professional activity as the reason for this leave. It should be noted that, provided that appropriate permission is obtained, it is entirely compatible with provisions for leave on personal grounds for an official to undertake other work — indeed it may be in the interests of the official to broaden his or her professional experience.

| 2. | As the Commission reported in its reply to the Honourable Member's Written Question E-3061/02, officials on such leave continue to be subject to the provisions of Article 12 of the Staff Regulations which require officials to obtain permission before engaging in any outside activity, and which allow for refusal of permission, or imposition of conditions, where it is considered that the activity would otherwise be ‘detrimental to the work of the Communities’. The Commission would consider conflict of interest as being ‘detrimental’ to the Community, and would thus take appropriate action to prevent such conflicts. Meanwhile, Article 17 requires officials — whether in activity or on leave on personal grounds — not to disclose to unauthorised persons ‘information not already made public’. Any official working in the private sector and making use of such privileged information would be considered to have infringed this obligation and would thus be at risk of disciplinary proceedings.
  Until 2003, the examination of the files related to outside activity was done by the Directorate-General to which the official belonged, or by the Directorate-General for Personnel and Administration, depending on his or her grade. In order to reinforce that control, in 2003 the Commission introduced a procedure involving both Directorates-General. A website on the Personnel and Administration Directorate General Intranet was created on 15 December 2003 in order to improve officials' access to information and rules related to leave on personal grounds. Furthermore, the application forms to be filled in when requesting such leave have been modified to allow a better analysis of the request from the official.
  Further decisions on relevant matters are being prepared by the Commission in the light of the amendments made to the Staff Regulations which enter into force on 1 May 2004. |
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2.

As the Commission reported in its reply to the Honourable Member's Written Question E-3061/02, officials on such leave continue to be subject to the provisions of Article 12 of the Staff Regulations which require officials to obtain permission before engaging in any outside activity, and which allow for refusal of permission, or imposition of conditions, where it is considered that the activity would otherwise be ‘detrimental to the work of the Communities’. The Commission would consider conflict of interest as being ‘detrimental’ to the Community, and would thus take appropriate action to prevent such conflicts. Meanwhile, Article 17 requires officials — whether in activity or on leave on personal grounds — not to disclose to unauthorised persons ‘information not already made public’. Any official working in the private sector and making use of such privileged information would be considered to have infringed this obligation and would thus be at risk of disciplinary proceedings.

Until 2003, the examination of the files related to outside activity was done by the Directorate-General to which the official belonged, or by the Directorate-General for Personnel and Administration, depending on his or her grade. In order to reinforce that control, in 2003 the Commission introduced a procedure involving both Directorates-General. A website on the Personnel and Administration Directorate General Intranet was created on 15 December 2003 in order to improve officials' access to information and rules related to leave on personal grounds. Furthermore, the application forms to be filled in when requesting such leave have been modified to allow a better analysis of the request from the official.

Further decisions on relevant matters are being prepared by the Commission in the light of the amendments made to the Staff Regulations which enter into force on 1 May 2004.

| 3. | The presence of an official on leave for personal grounds within G-Plus, the company subcontracted by ASCII, led to the suspension of the Europa contract on 27 September 2002 so that an examination could take place in the light of the problems of perception that had arisen.
  The Honourable Member may wish to note that on 9 October 2002 G-Plus informed the Commission of its decision to withdraw from the consortium established by ASCII for the implementation of the framework contract. The Commission subsequently re-activated its contract with ASCII. |
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3.

The presence of an official on leave for personal grounds within G-Plus, the company subcontracted by ASCII, led to the suspension of the Europa contract on 27 September 2002 so that an examination could take place in the light of the problems of perception that had arisen.

The Honourable Member may wish to note that on 9 October 2002 G-Plus informed the Commission of its decision to withdraw from the consortium established by ASCII for the implementation of the framework contract. The Commission subsequently re-activated its contract with ASCII.

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(1)  OJ C 155 E, 3.7.2003, p. 83.

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