WRITTEN QUESTION P-1578/03

by Herbert Bösch (PSE) to the Commission

(2 May 2003)

Subject: OLAF investigation in connection with the Commission's Vienna representation

In my Written Question E-1966/01(1) of 5 July 2001 I drew the Commission's attention to irregularities at its Vienna delegation. The Commission was already in possession of facts relating to these irregularities at the time, but had not taken any action: in a letter of 3 December 1999 the Austrian private employees' trade union had informed the Commission that for years a large number of staff members at the Commission's delegation in Austria had been employed on a fee basis, thus circumventing social and labour law. A report by Financial Control drawn up following an audit carried out between 7 and 11 July 1999 also contained indications of serious irregularities.

Further to my question an investigation was begun by the European Fraud Investigation Office (OLAF). Now, in a letter of 11 April 2003, Ms Schreyer informs me that OLAF hopes to conclude this investigation in June 2003. The delay was partly due to the fact that the agent in charge of the investigation had had to be replaced by another official in December 2002 because of health problems.

1. Can the Commission confirm that the delay was caused mainly by the fact that after my question it took a further seven months for the abovementioned audit report by Financial Control to be passed on to OLAF? If so, can the Commission explain why the transfer of documents took so long?

2. Was this an exception or is it quite usual for document transfers between the Commission and OLAF to be similarly delayed?

3. Does the Commission agree with me that, in accordance with the rules on internal investigations, the audit report should have been forwarded to OLAF spontaneously in 1999, without any request being made? What steps is the Commission taking to avoid this happening again in the future?

(1) OJ C 115 E, 16.5.2002, p. 21.

Answer given by Ms Schreyer on behalf of the Commission

(7 July 2003)

The Commission would inform the Honourable Member that the European Anti-Fraud Office (OLAF) states that the report had been originally sent to OLAF by the Financial Controller in February 2000. OLAF received the report from the Financial Controller again in January 2002 in response to the requests made in September 2001 and January 2002 by its new director, who had not been duly informed on his arrival at OLAF that the report had been received for the first time in 2000. These facts are now the subject of an internal inquiry.

The Commission would point out that delays in the transmission of documents to OLAF are not common occurrences. It would recall that, under Article 7(1) of Parliament and Council Regulation (EC) No 1073/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(1) and of Council Regulation (Euratom) No 1074/1999 of 25 May 1999(2), institutions, bodies, offices and agencies must forward to the Office without delay any information relating to possible cases of fraud or corruption or any other illegal activity. Moreover, the Commission endeavours to encourage the most rapid and efficient communication as possible between the Commission departments and OLAF and to remedy any specific difficulties that might arise.

(1) OJ L 136, 31.5.1999.

(2) OJ L 136, 31.5.1999.