WRITTEN QUESTION P-0921/02

by Nuala Ahern (Verts/ALE) to the Commission

(26 March 2002)

Subject: Former Director-General of the DG for the Environment joining BNFL Board

Jim Currie, the former Director-General of the European Commission's DG for the Environment, who has knowledge and extremely privileged information about Commission nuclear policy, has recently been appointed to the Board of British Nuclear Fuels plc (BNFL) in the UK.

Articles 16 and 17 of the Staff Regulations state that officials have a duty to act with integrity and discretion with regard to the acceptance of posts after leaving the Commission. What action can be taken by the Commission to ensure that privileged information and confidential inside knowledge held by former Commission employees who take up outside posts directly relevant to their Commission employment is not improperly passed on to other bodies?

What financial benefits is Mr Currie required to make public after taking early retirement in October 2001 in addition to the reputed GBP 20 000 that he will be paid yearly by BNFL?

Have any other former employees of the DG for the Environment taken up employment with BNFL?

Answer given by Mr Kinnock on behalf of the Commission

(6 May 2002)

Former permanent officials and other servants who have left the service are required to comply with Articles 16 and 17 of the Staff Regulations.

Article 16 in particular provides that, after termination of service with the Institution, the official must respect obligations of integrity and discretion in relation to the acceptance of certain duties or functions.

Article 17 relates to the necessary discretion with regard to the information acquired during the course of the official's (former) duties.

Before officials and other servants leave the service, the Commission reminds them of their duty to comply with the statutory obligations set down in Articles 16 and 17. The Commission expects its officials to refrain from accepting employment if this could lead to a conflict of interest with their former post in the Commission. Such a conflict may arise if the new activity is related to a dossier for which the official was responsible in the Commission and involves him/her intervening against the position of the Commission in matters covered by that dossier. The same situation occurs where the official might profit from confidential information gained during his/her previous functions. Where the Commission suspects that a violation of its professional rules may occur it acts immediately to check the matter, to remind the former official of his/her obligations, and, if necessary, to take measures to penalise such a violation.

In its proposal for modification of the Staff Regulations in the context of Administrative Reform, the Commission proposes to further strengthen Article 16 by placing an obligation on a former official to notify the Institution if he or she proposes to take up a professional activity within two years of termination of service. Similarly, Article 17 will be strengthened in respect of the divulging of information not yet in the public domain.

Mr. James Currie is not required to make public his income arising from his professional activities after termination of service. However, like all other former officials, he has a statutory obligation to declare his income to the Commission so that, if his total income from new activities, cumulated with the Commission payment, exceeds his last salary while in Commission employment, the necessary reduction would be made.

To the knowledge of the Commission, no other former employee of its Directorate General for Environment has taken up employment with BNFL.

The process of examining the compatibility in the case of Mr. Curie (in the event of his joining the board of directors of BNFL United Kingdom after leaving the Commission) with the rules in the Staff Regulations is under way and should be finalised soon.