WRITTEN QUESTION P-0825/02

by Chris Davies (ELDR) to the Commission

(19 March 2002)

Subject: Jim Currie

The decision by Jim Currie, former Director-General of DG Environment, to join the board of British Nuclear Funds Ltd just four months after stepping down from his position, is bound to cause concerns about possible conflicts of interest, will create the impression that DG Environment is too close to industry, and will call into question the Commission's impartiality in determining environmental policy.

Further to the statement made by Commissioner Wallström to the European Parliament on 12 March, is the Commission satisfied that Mr Currie has complied in full with Article 16 of the regulations and rules applicable to officials of the European Community?

Is the Commission calling upon Mr Currie to step down from his position, and if not, why not?

Answer given by Mr Kinnock on behalf of the Commission

(19 April 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 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.

In the specific case referred to by the Honourable Member, the Commission can confirm that it is in the process of examining whether the former Director-General of DG Environment at the Commission will be in a position to comply with the relevant provisions of the Staff Regulations (Articles 16 and 17) in joining the board of directors of British Nuclear Fuels UK as an independent non-executive member. This examination should be finalised in the course of April. Meanwhile, the Commission has received a reply to its letter to the former official in which he indicates that he has not yet accepted the post in question.

The Commission advises the Honourable Member that, in considering such cases, 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 is generally considered to be evident if the new activity is related to a dossier for which the official was responsible in the Commission and involves him/her in intervening against the position of the Commission with regard to this dossier. The same situation occurs where the official might profit from confidential information gained during his/her previous functions. Where the Commission suspects a violation of its professional rules it acts immediately to check the matter and, if necessary, takes 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, it is proposed that Article 17 be strengthened in respect of the divulgation of information not yet in the public domain.