WRITTEN QUESTION E-0042/99

by Kirsi Piha (PPE) to the Commission

(22 January 1999)

Subject: Suspension of Commission official

According to news reports, the Commission has suspended the official who passed on to the European Parliament information about irregularities in the Commission's accounts, including the misuse of funds granted via ECHO.

How does the Commission justify its decision to punish an official for sending to the European Parliament, the Union's highest budgetary authority, crucial information concerning the monitoring of the budget? Does the Commission consider that the decision to suspend the official is compatible with the principles of cooperation between the EU institutions, and in particular with the task of monitoring so as to prevent the abuse of the EU budget?

Joint answer

to Written Questions E-0030/99 and E-0042/99 given by Mr Liikanen on behalf of the Commission

(19 March 1999)

The disciplinary measures applicable to officials or temporary staff are laid down in Articles 86 et seq. of the Staff Regulations of officials of the European Communities and in Annex IX thereto, applicable by analogy to other servants. They can be applied only after a very precisely defined procedure has been followed. Proceedings can be initiated only in cases where officials or members of the temporary staff have failed to comply with their obligations under the Staff Regulations.

In the case to which the Honourable Member refers, the Commission would point out that no disciplinary measure has been taken against Mr VanBuitenen at this stage. The decision to suspend him is a precautionary administrative measure covered by Article88 in the event of an allegation of serious misconduct, which the Commission considered applicable in this case.

The Commission would also point out that the disciplinary proceeding in this case was not opened on the grounds that the official concerned disclosed cases of fraud but rather on the ground that without authorisation, and contrary to the Staff Regulations, he transmitted the following to third parties: documents subjudice in a case initiated by the Commission, thereby jeopardising the investigations, provisional audit documents, not yet subject to the adversary procedure with the body audited, and documents containing unfounded allegations against his colleagues.

Disciplinary proceedings are covered by the confidentiality of investigations to protect the rights of the defendant and the confidentiality of proceedings.

The Commission considers that application of these measures is not incompatible with respect for the principle of openness, cooperation between the institutions and efforts to combat fraud.

Regarding the measures the Commission has taken, and will take, to ensure that European taxpayers' money is properly managed, the SEM (sound and efficient management) initiative was launched in 1995 with the aim of tightening up financial management in the Commission; it has already had a marked effect.

Regarding the use of the technical assistance offices (BATs), on 22 July 1998 the Commission adopted a memorandum, covering in particular the following measures in respect of new/renewed programmes: the use of BATs must be covered by the specific legislation governing the programme or operation in question, the need to use BATs must be assessed exante, a Guide governing the use of BATs spelling out the rules and procedures will be issued; compliance with the rules will be supervised by a BAT Monitoring Centre, and a Central Contracts Team will be responsible for harmonisation of the contracts.

In addition, a survey of Commission departments was launched in autumn 1998 to assess the various forms of technical and administrative assistance, including the BATs charged to Parts A and B of the budget. This exercise was part of the procedure for drawing up the 1999 budget. A standard budgetary remark and ceilings for each of the budget items concerned will ensure that the use of this type of assistance is transparent.

In July 1998 the Commission adopted a working paper on recasting the Financial Regulation, which will be followed up by a legislative proposal in June 1999.