WRITTEN QUESTION E-1406/00

by Jeffrey Titford (EDD) to the Commission

(5 May 2000)

Subject: Protection and rewards for whistleblowers

Please will the Commission indicate what protection and encouragement is afforded to those who blow the whistle on fraud and corruption within the European Union?

Will the Commission also indicate whether there is any reward scheme for those who bring to public light fraudulent and corrupt dealings within the European Union and the Commission?

Answer given by Mr Kinnock on behalf of the Commission

(30 June 2000)

Commission Decision 1999/396/EC, ECSC, Euratom of 2 June 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests (notified under document number SEC(1999) 802)(1), made specific provision to ensure that staff have clear channels to be used for reporting any suspected irregularities.

Article 2 of that legal Decision provides that any official or servant of the Commission who becomes aware of possible cases of fraud or any other illegal activity is obliged to inform without delay his Head of Service or Director General or, the Secretary general of the Commission or the European Anti-Fraud Office (OLAF) direct.

The Decision also makes provision to ensure that Officials or servants of the Commission shall in no way suffer inequitable or discriminatory treatment as a result of having communicated the information about possible illegalities or comparable offences through the means provided for in the Decision.

Further to these provisions, in the White Paper on Reforming the Commission adopted 1 March 2000(2) the Commission specified (action 59) its intention to adopt comprehensive rules on whistleblowing which will ensure inter alia protection of the whistleblower who acts in good faith, in the public interest, without aiming for personal gain, and according to departmental procedures; protection from false allegations; the facility for reporting wrongdoing through internal channels within each Commission department but not exclusively within the direct hierarchical line; and the definition of reporting channels outside the Commission and the circumstances in which disclosures to such channels should be protected. The Commission will also clarify the fact that the reporting of a case to OLAF for investigation will not absolve managers within the Commission from taking the necessary actions to remedy problems which are brought to their attention.

New rules on whistleblowing, including proposals for the necessary changes to the Staff Regulations and clarification concerning the reporting of wrongdoing to OLAF, will be produced in October. Consultation will then be undertaken with a view to adopting both measures in ways that are compatible with the existing Staff Regulations and with proposals that will be produced for making relevant changes in the Staff Regulations next year.

No reward scheme exists at Community level for those who bring to light any fraudulent or corrupt dealings within the Community. The OLAF Regulation of 1999 makes it clear that civil servants have a professional duty to report suspicions of wrongdoing. The Commission Decision of June 1999 fully embodies that provision and has legal force.

(1) OJ L 149, 16.6.1999.

(2) COM(2000) 200 final.