WRITTEN QUESTION E-2837/96 by Jan Wiebenga (ELDR) to the Commission (25 October 1996)

Subject: Commissioner Van den Broek's membership of a subcommittee of the Netherlands cabinet

1. How does the permanent right of Commissioner Van den Broek to take part in a subcommittee of the Netherlands cabinet tie in with the EC Treaty, particularly Article 157(2), which reads:

'The Members of the Commission shall, in the general interest of the Community, be completely independent in the performance of their duties. In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle and not to seek to influence the members of the Commission in the performance of their tasks' ((See the Dutch weekly Elsevier, 28 September 1996. ))?

2. How does a permanent right to participate in a subcommittee of the Netherlands cabinet tie in with the Commission answer to parliamentary question 10/71 (Vredeling) ((OJ C 61, 15.6.1971, p. 1. )) to the effect that its Members are free, in the exercise of their political duties, to hold any personal conversations they may deem necessary with members of the parliament or government of their country of origin or of other Member States?

3. Does the permanent nature of Commissioner Van den Broek's right to take part in a subcommittee of the Netherlands cabinet mean that it can be regarded as an additional appointment? If so, have you or the Commission been informed and asked for permission; if not, should this have been done?

4. Does the permanent arrangement operated by the Netherlands Government in respect of Commissioner Van den Broek's participation in a subcommittee of the Netherlands cabinet comply with Article 157(2), fourth sentence, of the EC Treaty?

5. Do similar arrangements giving a permanent right of participation in a cabinet or subcommittee exist in respect of other Commissioners in their country of origin and, if so, in which countries and in what way?

Answer given by Mr Santer on behalf of the Commission (4 December 1996)

1. Mr van den Broek does not enjoy a permanent right to take part in a subcommittee of the Council of ministers of the Netherlands.

Under the decree of 2 February 1996, No 96M000230 constituting the Council for European and international affairs, the Prime minister of the Netherlands may, in consultation with the coordinating ministers, invite others (including Mr van den Broek) to attend the meeting of this Council. Mr van den Broek is not a member of this Council and receives no remuneration. The predecessors of Mr van den Broek also attended meetings of the Council for European affairs, as the Council for European and international affairs was called before 2 February 1996.

Like all members of the Commission, Mr van den Broek has undertaken not to compromise his statutory independence and neither seeks nor takes instructions from any government or body. This is not at all incompatible with having regular exchanges of views with the government of a Commissioner's Member State. The Commission considers that Mr van den Broek complies with his obligations under Article 157 EC Treaty.

2. The Commissioner's participation is fully in line with the answer cited by the Honourable Member.

3. No, it cannot be considered as an additional appointment.

4. Yes.

5. This question does not require an answer, given the answer to question 1.