EN Official Journal of the European Union CE 70/58

(2004/C 70 E/061)

WRITTEN QUESTION P-1978/03

by Gabriele Stauner (PPE-DE) to the Commission

(10 June 2003)

Subject: Termination of business relations between the Commission and Planistat

On 19 March 2003, OLAF filed charges against the Planistat Europe SA group of companies with the Paris Public Prosecutor. Planistat stands accused of being involved in fraudulent activities, including helping to create slush funds by issuing bogus invoices and, subsequently, receiving payments from those slush funds.

On its Internet site, the Planistat Group claims to have done business with the Commission worth several millions. It claims that it works for the following directorates-general at the Commission: External Relations, Industry, Enterprise, Consumer Protection, Development, Environment, Research, Information Society, Energy and Transport, Taxation and Customs Union, Trade, and Eurostat.

Can the Commission confirm this information? Can it indicate the amount of the payments made to this group of companies since 1993?

Can the Commission forward a list of the contracts with the Planistat Group which were still in force in March 2003 when OLAF laid its charges?

Can the Commission indicate when it stopped payments to Planistat?

Can it indicate when it terminated or will terminate contracts still in force?

Can the Commission indicate when it began verifying all the contracts concluded with Planistat with a view to identifying further possible irregularities?

Joint answer

to Written Questions P-1705/03, P-1807/03 and P-1978/03

given by Mr Solbes Mira on behalf of the Commission

(22 September 2003)

As a matter of principle, the awarding of new contracts is subject to the provisions of the new Financial Regulation (1) in force since 1 January 2003. This also applies to the contracts with Planistat.

No recommendation was made in the audit report on the Datashops that the firm should be excluded from future contracts.

Planistat was not signaled in the Commission's Early Warning System until 23 July 2003. In addition, the Secretariat General was not informed of OLAF's findings until 3 April 2003, and this information was given in general terms without mention of the name of Planistat, as OLAF's investigations are subject to rules of confidentiality provided for in Community legislation (2) and these investigations were external investigations.

On 9 July 2003, the Commission decided, on the basis of information brought to its attention, to suspend all contracts with Planistat pending the ongoing enquiries. Eurostat has already suspended payments to Planistat with respect to activities in relation to Data Shops. Moreover, on 23 July 2003 the Commission instructed its authorizing officers to terminate all contracts with Planistat.

A thorough examination of all contracts in force and the work carried out by the firm is ongoing. For work effectively carried out, the Commission remains liable to pay the corresponding amounts. Should the ongoing investigations of OLAF and the judicial authorities in France reveal a breach of the financial rules, the Commission will take the appropriate action immediately. It should also be noted that the Commission has lodged a complaint under the procedure initiated by the Paris Public Prosecutor in response to information supplied by OLAF.

The total amount of payments made by Eurostat to the firm in question in the last ten years (from 01.01.1993 to 30.06.2003) is EUR 41 096 217,43. The total amount of payments made by other Commission departments to the firm in question in the last ten years (from 01.01.1993 to 30.06.2003) is EUR 7 960 050,34. The total amount of payments made to the firm in question in the last ten years (from 01.01.1993 to 30.06.2003) with a breakdown by financial year and Commission department can be found in the table sent direct to the Honourable Members and to Parliament's secretariat.

The part of the question relating to the possible existence of a ‘slush fund’ is currently under investigation.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 248, 1.9.2002.

(2) OJ L 136, 31.5.1999.