WRITTEN QUESTION E-1789/99

by Lucio Manisco (GUE/NGL) to the Commission

(11 October 1999)

Subject: Mr Kinnock's undertaking

Replying to written question No 26 with a view to his hearing before the Committee on Budgetary Control, Commissioner Kinnock confirmed that, in connection with the Bertholot affair, the Anti-Fraud Office (OLAF) is conducting an inquiry into the questions raised in the report of the Committee of Independent Experts. On 30 August 1999 following several articles in the European press indicating that the reports, supplied by DG XII and submitted by Mrs Cresson to Parliament in order to justify Mr Bertholot's salary and activities, had apparently been produced in 1998 and given dates earlier than the real dates a Commission spokesperson confirmed that OLAF is conducting an inquiry into the contracts obtained by Mr Bertholot between 1995 and 1997 (cf. AFP 301508 AOU 99).

Further on in his reply to written question no. 26 with a view to his hearing before the Committee on Budgetary Control, Mr Kinnock pointed out that, should he be appointed, he would propose that persons who are the subject of OLAF investigations are removed from their posts if the necessary minimum of evidence has been established and if there is an evident risk that inaction could endanger the investigation.

Having regard to the indisputable facts identified by the independent experts in their report with regard to this clear-cut case of favouritism (cf. point 8.1.35 of the report), and given that the administrative authorities responsible within DG XII are still in place in that directorate-general, does Commissioner Kinnock envisage immediately suspending the senior officials concerned from their posts if they were to be the subject of the inquiry currently being conducted by OLAF?

Answer given by Mr Kinnock on behalf of the Commission

(25 November 1999)

The Commission confirms that OLAF is conducting an internal enquiry into the Berthelot case.

The Commission further confirms its intention to consider the removal of any persons who are the subject of OLAF investigations from their posts and, in such cases, various options exist:

Where the necessary evidence has been gathered and failure to remove the persons in question from their posts would endanger the OLAF investigation, it would be possible to suspend the persons in question from their posts by opening disciplinary proceedings prior to receipt of OLAF's final report. In some cases, however, the main source of necessary evidence will obviously be OLAF reports, and the measures taken including disciplinary proceedings will, therefore, largely depend upon the content of such reports.

The Commission would inform the Honourable Member that the suspension of an official is a time limited measure which can last up to four months and include the withholding of up to 50 % of the official's salary under Article 88 of the Staff Regulations. Under the Staff Regulations, that action can only be taken by the competent appointing authority if an allegation of serious misconduct is made against the official.

Finally, the Commission would point out that the definitive removal of an official from his or her post, that is the ending of his or her relation of employment with the Commission, can only take place after disciplinary proceedings have come to an end.

The Commission assures the Honourable Member that if any OLAF reports contain allegations of serious misconduct against officials, all necessary measures will be taken without delay.