EN Official Journal of the European Union CE 70/203

(2004/C 70 E/219)

WRITTEN QUESTION P-3038/03

by Herbert Bösch (PSE) to the Commission

(8 October 2003)

Subject: Termination of Eurostat contracts

In response to the events at Eurostat, the Commission decided on 23 July 2003 to terminate the contracts with four firms. The firms concerned are Planistat, CESD, 2SDA and TES.

1. When were the firms informed that the contracts with the Commission were being terminated?

2. Can the Commission provide the correspondence with these firms in connection with the termination of the contracts?

3. If the firms were not informed of the termination of the contracts, why not?

4. Can the Commission say who now performs the tasks carried out by the four firms and whether a public call for tender was issued for this purpose?

Answer given by Mr Solbes Mira on behalf of the Commission

(16 December 2003)

On 23 July 2003, the Commission instructed its authorising officers by delegation to terminate as quickly as possible the contractual relations which existed with four entities, in accordance with the terms of the contracts. In order to implement this decision the Commission had to analyse the terms in each contract which allowed the contract to be terminated.

Where termination was possible under the terms of the contract, the entities concerned were notified in accordance with the contractual obligations of each individual contract and were informed that the contracts had been terminated between 28 July and 17 October 2003.

Since the request for access to the letters of termination entails a request for access to documents containing confidential information, these will be sent to the Chairwoman of the competent Parliamentary Committee and to the rapporteur for the report on the evaluation of the activities of the European Anti-fraud Office (OLAF), in accordance with the procedures laid down in Annex III, point 3.2, first indent, to the Framework Agreement between the European Parliament and the Commission.

Contracts that were due to expire in the very near future, allowing for the notice that had to be given before termination would be effective, were allowed to run to their natural end, but were subject to tighter surveillance, where this was necessary for the project's specific requirements in the light of the work programme of the department concerned. The Commission was unable to terminate contracts with the entities in question concluded by third countries under Community programmes where the Commission was not a party to the contracts (decentralised management). The third countries concerned have been informed of the Commission decision to break all contractual relations with these entities. The Commission proposed offering its support for this purpose, but it has no legal means of terminating the contracts between the third countries and these entities. Another contract, involving TES as a member of a consortium conducting a research project, could not be terminated as the contract does not contain a termination clause which could be applied in the present circumstances. The Commission is continuing to examine all the relevant contract clauses and the rules applicable.

As regards future performance of the tasks previously carried out by these entities, an action plan for Eurostat is being prepared and should in particular address the question of the assumption by Eurostat's own departments of the tasks that had been outsourced under these contracts.