# CE2004078EN.01006501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/65 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/65

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(2004/C 78 E/0065)

WRITTEN QUESTION E-1991/03

by Erik Meijer (GUE/NGL) to the Commission

(16 June 2003)

Subject:   Shedding of light on the circumstances relating to the organisation of the Commission that contributed to the death of Commission official Quatraro in 1993, and the secrecy surrounding the events

Subject:

| 1. | Has an administrative report and/or an UCLAF report ever been published that clearly establishes the responsibility of the then Commission official Antonio Quatraro for fraud in connection with the EU's tobacco policy? |
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1.

Has an administrative report and/or an UCLAF report ever been published that clearly establishes the responsibility of the then Commission official Antonio Quatraro for fraud in connection with the EU's tobacco policy?

| 2. | What does the Commission know of a network, referred to in connection with this matter by Robert Dougal Watts, of persons within the EU institutions alleged to be involved in secretly diverting EU funds and pursuing their own gain? |
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2.

What does the Commission know of a network, referred to in connection with this matter by Robert Dougal Watts, of persons within the EU institutions alleged to be involved in secretly diverting EU funds and pursuing their own gain?

| 3. | Could the Commission provide me with reports prepared by it on this matter, including the report written by Mr Hans-Helmut Wachter? |
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3.

Could the Commission provide me with reports prepared by it on this matter, including the report written by Mr Hans-Helmut Wachter?

| 4. | What did the Commission do to assist the Belgian police in establishing the causes of the death of Mr Quatraro in 1993? |
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4.

What did the Commission do to assist the Belgian police in establishing the causes of the death of Mr Quatraro in 1993?

| 5. | Did the Commission allow, or refuse, the Belgian police access to Mr Quatraro's office? |
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5.

Did the Commission allow, or refuse, the Belgian police access to Mr Quatraro's office?

| 6. | Did the Commission allow the Belgian police to interview the last Commission officials to have seen Mr Quatraro? |
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6.

Did the Commission allow the Belgian police to interview the last Commission officials to have seen Mr Quatraro?

| 7. | If not, what steps has the Commission taken to clarify the circumstances surrounding Mr Quatraro's death? |
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7.

If not, what steps has the Commission taken to clarify the circumstances surrounding Mr Quatraro's death?

| 8. | Has the Commission encountered opposition in seeking to establish the truth? |
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8.

Has the Commission encountered opposition in seeking to establish the truth?

| 9. | What guarantees does the Commission have that the problems arising in connection with Mr Quatraro's work ten years ago can no longer occur today? |
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9.

What guarantees does the Commission have that the problems arising in connection with Mr Quatraro's work ten years ago can no longer occur today?

| 10. | What additional measures does the Commission intend to take in connection with this matter? |
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10.

What additional measures does the Commission intend to take in connection with this matter?

Answer given by Mr Kinnock on behalf of the Commission

(12 August 2003)

(12 August 2003)

| 1. | An administrative enquiry report of Spring 1991 provided some grounds for suspecting the official concerned of malpractice. However, the available evidence was not considered to be substantial enough to justify immediate action. As a result, it was decided to initiate disciplinary proceedings in order to formally examine the compatibility of the activities of the person concerned with his duties as a Commission official. This procedure was abandoned following the death of the official concerned on 30 March 1993. |
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1.

An administrative enquiry report of Spring 1991 provided some grounds for suspecting the official concerned of malpractice. However, the available evidence was not considered to be substantial enough to justify immediate action. As a result, it was decided to initiate disciplinary proceedings in order to formally examine the compatibility of the activities of the person concerned with his duties as a Commission official. This procedure was abandoned following the death of the official concerned on 30 March 1993.

| 2. | The European Anti-Fraud Office (OLAF) has found no elements of fact to substantiate the allegations referred to in the Honourable Member's question. |
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2.

The European Anti-Fraud Office (OLAF) has found no elements of fact to substantiate the allegations referred to in the Honourable Member's question.

| 3. | The Commission will consider transmission of this enquiry report to the European Parliament if and when it receives a request for that under the appropriate procedures of Annex III to the Framework Agreement of 2000 on the relations between our institutions. |
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3.

The Commission will consider transmission of this enquiry report to the European Parliament if and when it receives a request for that under the appropriate procedures of Annex III to the Framework Agreement of 2000 on the relations between our institutions.

| 4. and 5. | The Belgian police arrived at Commission premises shortly after the death of Mr Quatraro and were given immediate and unrestricted access to the building and office where the deceased official worked. |
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4. and 5.

The Belgian police arrived at Commission premises shortly after the death of Mr Quatraro and were given immediate and unrestricted access to the building and office where the deceased official worked.

| 6. and 7. | In circumstances such as those prevailing in this case, it is clearly appropriate that the judicial authorities of the Member State concerned investigate: the Commission would do everything necessary to facilitate such investigation, including lifting the immunity where necessary. That was done in this case. The Belgian police were able to take witness statements from anyone they wanted to interview. |
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6. and 7.

In circumstances such as those prevailing in this case, it is clearly appropriate that the judicial authorities of the Member State concerned investigate: the Commission would do everything necessary to facilitate such investigation, including lifting the immunity where necessary. That was done in this case. The Belgian police were able to take witness statements from anyone they wanted to interview.

| 8. | There is no evidence available to the Commission to suggest that either the Commission in its initial enquiry or the Belgian police and the judicial authorities encountered any opposition in seeking to establish the facts in this case. |
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8.

There is no evidence available to the Commission to suggest that either the Commission in its initial enquiry or the Belgian police and the judicial authorities encountered any opposition in seeking to establish the facts in this case.

| 9. | Where substantial amounts of money are at stake in complex subsidy schemes, it is impossible for the Commission or any other body to absolutely guarantee that fraud will not be attempted or occur. It should be noted, however, that since 1992 the Common Organisation of the Market (COM) of the raw tobacco sector has been profoundly reformed. Among other changes, the three mechanisms which had given rise to fraudulent activities — and in particular intervention and sale by auction, export refunds and differential primia according to variety — have been stopped. See Regulation (ECC) No 2075/92 (1).
  The structure of the COM was later simplified in 1996 and in 1998. See Regulation (EC) No 415/96 of 4 March 1996 (2) and Regulation (EC) No 1636/98 of 20 July 1998 (3).
  The Commission regularly carries out discharge exercises and preventive audits. |
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9.

Where substantial amounts of money are at stake in complex subsidy schemes, it is impossible for the Commission or any other body to absolutely guarantee that fraud will not be attempted or occur. It should be noted, however, that since 1992 the Common Organisation of the Market (COM) of the raw tobacco sector has been profoundly reformed. Among other changes, the three mechanisms which had given rise to fraudulent activities — and in particular intervention and sale by auction, export refunds and differential primia according to variety — have been stopped. See Regulation (ECC) No 2075/92 (1).

1

The structure of the COM was later simplified in 1996 and in 1998. See Regulation (EC) No 415/96 of 4 March 1996 (2) and Regulation (EC) No 1636/98 of 20 July 1998 (3).

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The Commission regularly carries out discharge exercises and preventive audits.

| 10. | An external independent assessment of the tobacco sector is underway and will be finalised in the course of the coming weeks. The Commission is currently working on the framework for further substantial reform of the COM in raw tobacco which should be in line with the objectives laid out in the Commission communication on sustainable development presented at the European Council Meeting in Göteborg (15 and 16 June 2001).
  The Commission will put forward a proposal to Parliament and Council in the course of autumn 2003. |
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10.

An external independent assessment of the tobacco sector is underway and will be finalised in the course of the coming weeks. The Commission is currently working on the framework for further substantial reform of the COM in raw tobacco which should be in line with the objectives laid out in the Commission communication on sustainable development presented at the European Council Meeting in Göteborg (15 and 16 June 2001).

The Commission will put forward a proposal to Parliament and Council in the course of autumn 2003.

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(1)  OJ L 215, 30.7.1992.

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(2)  OJ L 59, 8.3.1996.

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(3)  OJ L 210, 28.7.1998.

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