WRITTEN QUESTION P-0262/00

by Olivier Dupuis (TDI) to the Commission

(2 February 2000)

Subject: OLAF

Can the Commission say what criteria are observed when recruiting OLAF personnel and what guarantees the staff have to give as regards their independence and moral and professional qualities?

Should accusations made by internal informants ever prove to be slanderous, what action would the Commission take against those persons and to repair the harm done to the injured parties? Furthermore, does the Commission consider that officials would have to defend themselves in the face of an accusation, or would the Commission take full responsibility for organising the defence of a person who had been slandered and instituting the proper proceedings against the guilty party?

Finally, does the Commission believe that a person holding a post on the OLAF establishment plan would be permitted to seek trade-union office?

Answer given by Mr Kinnock on behalf of the Commission

(15 March 2000)

Commission Decision 1999/352/EC, ECSC, Euratom, of 28 April 1999 establishing the European Anti-fraud Office (OLAF)(1) provides in Article 6 that the Director of the Office shall exercise, with regard to the staff of the Office, the powers conferred by the Staff Regulations of Officials of the Communities on the appointing authority and by the Conditions of Employment of the Other Servants of the Communities on the authority authorised to conclude contracts of employment. The Director of OLAF is therefore responsible for the recruitment of the staff of the Office.

The Staff Regulations and the Conditions of Employment of the other servants apply to OLAF officials. OLAF officials must comply with the obligations under these rules. These require in particular that officials of the Communities shall carry out their duties and conduct themselves solely with the interest of the Communities in mind.

The criteria for the recruitment of personnel, laid down in Article 28 of the Staff Regulations, in Article 12 (2) as well as in Article 55 of the Conditions of Employment of Other Servants, fix the essential conditions officials or other servants must fulfil to be recruited. Furthermore Article 27 of the Staff Regulations stipulates that recruitment shall be directed to securing the service of officials of the highest standard of ability, efficiency and integrity. In this framework it is for the Office to further reflect on the way to ensure the recruitment of the best profiles having regard to the specificity of the tasks to be performed.

Article 24 of the Staff Regulations obliges the Communities to assist any official in particular in proceedings against any person perpetrating threats, insulting or defamatory acts or utterances to which an official is subject by reasons of his position or duty. Furthermore Article 24 provides for compensation for damage the official has suffered in such cases insofar that he/she did not intentionally or through grave negligence cause the damage and has been unable to obtain compensation from the person who caused it. The assistance under Article 24 may take different forms and it is for the Institution concerned to choose the adequate measures or means, once the facts have been established. These measures or means must be proportional to the facts.

In cases where there is evidence of a breach of the obligations under the Staff Regulations by an official or other servant, disciplinary action may be taken.

Article 14 of Regulation (EC) No 1073/1999 of the Parliament and of the Council of 25 May 1999 concerning investigations conducted by OLAF1 and Article 14 of Council Regulation (Euratom) No 1074/1999 of 25 May 19991 provide that pending the amendment of the Staff Regulations any official or other servant of the Communities may submit to the Director of the Office a complaint against an act adversely affecting him committed by the Office as part of an internal investigation in accordance with the procedures laid down in Article 90 (2) of the Staff Regulations.

According to Article 24a of the Staff Regulations officials are entitled to exercise the right of association. They may, in particular, be members of trade unions or staff associations of European officials. Article 24a applies also to other servants covered by the Staff Regulations. Since the Staff Regulations are applicable to the personnel of OLAF its personnel have the same rights as any other officials or servants of the Communities.

(1) OJ L 136, 31.5.1999.