EN Official Journal of the European Union CE 78/726

(2004/C 78 E/0776)

WRITTEN QUESTION E-1815/03

by Gabriele Stauner (PPE-DE) to the Commission

(2 June 2003)

Subject: Information from Mrs Schreyer in connection with fraudulent financial dealings at Eurostat

On 19 March 2003, the European Anti-Fraud Office (OLAF) reported Planistat Europe SA to the Paris Public Prosecutor's Office, alleging the firm's involvement in fraud and in establishing illicit accounts subsequently drawn on by Eurostat officials. In this connection, the spokeswoman for the Paris Public Prosecutor's Office, Mrs Caillibotte, is quoted in the 16 May 2003 edition of the newspaper ‘Luxemburger Wort’ as stating that, in the light of the details of the case, the existence of a system of fictitious invoices involving the two organisations was more than likely and that embezzlement and concealment of embezzlement were the criminal offences which might be involved.

OLAF's complaint is based on Eurostat audit reports which have been in the possession of the Commission's Directorate-General for Financial Control, answerable to Mrs Schreyer, since as long ago as spring 2000. Business links with Planistat had nonetheless not been severed; rather, further contracts had been concluded. According to Yves Franchet, Director-General of Eurostat, those audit reports were known to Mrs Schreyer. On 17 May 2003, on the ARD television programme ‘Europa-Magazin’, Mr Franchet said that Mrs Schreyer had tirelessly stood up for Eurostat before the European Parliament, that all problems had been known to her, that everything had been discussed, including the audit reports, and that everything had been brought to her attention at the appropriate time.

Can the Commission confirm that statement?

Does the Commission think that it was proper for Planistat to have been given new contracts in spite of what had become known about the firm?

If not, can the Commission say why Mrs Schleyer did not stop payments to, and new contracts for, Planistat?

Will the Commission now forward the above-mentioned audit reports to the Committee on Budgetary Control without delay?

Answer given by Mr Solbes Mira on behalf of the Commission

(11 September 2003)

These questions were discussed at the meeting of the Budgetary Control Committee meeting of 16 June 2003. Commissioner Schreyer made it clear that she had not received the audit report on Datashops before May 2003, and she had never spoken with Mr Franchet about Eurostat. The remarks of Mr Franchet referred to the information made available to the Commission in the context of the 2001 Discharge procedure. In the television interview referred to, Mr Franchet also said: ‘There is no system for the transmission of audit reports to Commissioners’ (verbatim). Mr Franchet has confirmed in writing that he had not transmitted the internal audit report of Eurostat on Datashops to Commissioners at the time of the interview. Mr Franchet confirmed as well that he has never met Commissioner Schreyer.

As a matter of principle, the awarding of new contracts is subject to the provisions of the new Financial Regulation (1) in force since 1 January 2003. This also applies to the contracts with Planistat. No recommendation was made in the audit report on the Datashops that the firm should be excluded from future contracts.

The Secretariat General was first informed of OLAF's findings on 3 April 2003, as OLAF's investigations are subject to rules of confidentiality provided for in Community legislation (2) and these investigations were external investigations.

On 9 July 2003, the Commission decided, on the basis of information brought to its attention, to suspend all contracts with Planistat pending the ongoing enquiries. Eurostat has already suspended payments to Planistat with respect to activities in relation to Data Shops. Planistat was signaled in the Commission's Early Warning System on 23 July 2003. On that day, the Commission instructed its authorizing officers to terminate all contracts with Planistat.

A thorough examination of all contracts in force and the work carried out by the firm is ongoing. For work effectively carried out, the Commission remains liable to pay the corresponding amounts. Should the ongoing investigations of OLAF and the judicial authorities in France reveal a breach of the financial rules, the Commission will take the appropriate action immediately. It should also be noted that the Commission has lodged a complaint against person(s) unknown under the procedure initiated by the Paris Public Prosecutor in response to information supplied by OLAF

On 16 May 2003, as part of the follow-up to the 2001 Discharge procedure and at Parliament's request, the Commission sent the Cocobu secretariat six internal audit reports drawn up by the Eurostat internal audit service between 1999 and 2002, pursuant to the procedures laid down in the framework agreement on the transmission of confidential documents to Parliament. Subsequently, on 20 May 2003, a summary report on the follow-up to the internal audit reports was also sent the Cocobu secretariat.

Some of the audit reports are subject to OLAF investigations and some have also been included in the dossiers sent by OLAF to the Luxembourg legal authorities and the public prosecutor's office of the Paris Regional Court. The Commission is anxious not to prejudice either the ongoing investigations or the rights of the parties involved.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 248, 16.9.2002.

(2) OJ L 136, 31.5.1999.