WRITTEN QUESTION E-0977/02

by Herbert Bösch (PSE) to the Commission

(12 April 2002)

Subject: Investigations relating to former officials of the anti-fraud unit

A Commission statement issued on 28 February 2002 (MEMO/02/38) states that the anti-fraud office OLAF is to open an investigation into the work of the former anti-fraud unit UCLAF. It was reported in Le Monde of 2 March 2002 that this investigation concerns three French officials who had failed properly to investigate fraud allegations.

1. Can the Commission say whether the planned investigation has now been opened?

2. Can the Commission confirm that the officials concerned did not work only for OLAF's predecessor UCLAF but continued to be employed by OLAF until mid-2001, where they were responsible for the particularly sensitive area of internal investigations?

3. Can the Commission confirm that these officials were responsible, inter alia, for investigations in relation to the allegations against Mrs Cresson?

4. Can the Commission confirm that at least one of these officials was also responsible for the fact that Commissioners were given misleading information in the so-called MED case (see my Written Question E-3632/01(1))?

5. Will OLAF now have checks carried out on all files processed by the officials concerned?

6. What action will be taken to ensure that these investigations against former members of staff are carried out with the necessary objectivity and independence within the anti-fraud office?

(1) OJ C 28 E, 6.2.2003, p. 9.

Answer given by Mrs Schreyer on behalf of the Commission

(19 June 2002)

The Commission wishes to inform the Honourable Member that an internal investigation concerning three officials has been opened by the Director General of the European Anti-Fraud Office (OLAF).

Regulation (EC) No. 1073/1999 of the Parliament and of the Council of 25 May 1999 concerning investigations conducted by the OLAF(1) and Regulation (Euratom) No 1074/1999 of the Parliament and of the Council of 25 May 1999(2) provide in Article 12, paragraph 3 that the Director of OLAF shall report regularly to the Parliament, the Council, the Commission and the Court of Auditors on the findings of investigations carried out by the Office, whilst respecting the confidentiality of those investigations, the legitimate rights of the persons involved and, where appropriate, national provisions applicable to judicial proceedings.

Pursuant to the above legislation, the Commission wishes to inform the Honourable Member that OLAF is unable to provide information regarding points 2, 3 and 4 of this written question.

The Director General of OLAF has decided to set up a dedicated team of investigators directed by a senior magistrate from one of the Member States, to assess whether in the course of the most important internal cases that were started under the Unit for the Coordination of Fraud Prevention (UCLAF), any more investigative steps are required. The team will also liase with all national and Community authorities involved in those cases. It is expected that this team will start working in July 2002, as soon as the senior magistrate has been recruited.

The internal investigation concerning former UCLAF officials will be carried out by three magistrates, who joined or will have joined OLAF after the officials in question left OLAF. This will be done in order to ensure a maximum of independence. The magistrates will report directly and exclusively to the Director General of OLAF.

(1) OJ L 136, 31.5.1999.

(2) OJ L 136, 31.5.1999.