WRITTEN QUESTION P-0689/02

by Hans-Peter Martin (PSE) to the Commission

(5 March 2002)

Subject: Access to information about accusations of abuse and fraud

Despite various improvements in access to documents, for example those brought about by European Parliament and Council Regulation (EC) No 1049/2001(1) of 30 May 2001, the way in which the Commission and Council deal with accusations of abuse and fraud still badly needs to be clarified. Will the Commission therefore describe the procedure in detail?

In particular, as from when and in what form is it possible, firstly for Members of the European Parliament and secondly for interested members of the public, to obtain information about specific written accusations by employees of the EU institutions or to inspect the relevant documents?

(1) OJ L 145, 31.5.2001, p. 43.

Answer given by Mr Prodi on behalf of the Commission

(6 May 2002)

Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 and Council Regulation (Euratom) No 1074/1999(1) contain provisions relating to external and internal administrative investigations to be carried out by the European Anti-Fraud Office (OLAF)(7), the service which is mandated to conduct anti-fraud investigations and which is given full independence in the execution of its enquiries.

Pursuant to the above legislation, on 2 June 1999 the Commission adopted a Decision (No 1999/396/EC, ECSC, Euratom) concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any other illegal activity detrimental to the Communities' interests(2). This Decision specifies the obligation to cooperate fully with OLAF.

In addition, the Commission also adopted, within the framework of the current Reform strategy, a Communication on Raising Concerns about Serious Wrongdoing (Whistleblowing)(3). A new Decision was adopted on 4 April 2002 in order to specify the legal framework and the scope of this procedure(4). For further information, the Commission would refer the Honourable Member to the Consultative Document on this matter, which is available on the Commission's Reform website(5).

Further to that, in 2001 the Commission established an Investigation and Disciplinary Office (IDOC) which conducts administrative and disciplinary investigations after consultation with the Secretariat-General. The Office also consults OLAF in order to ensure that, on any relevant issue, the anti-Fraud Office is not carrying out an investigation on that issue.

In recent years, therefore, the Commission has strengthened its instruments for combatting any suspected wrongdoing and has put in place procedures which guarantee the independence of investigations.

Individual requests for access to specific written accusations by Members of Parliament or by the general public have to be dealt with on a case by case basis in compliance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(6).

Annex III of the Framework Agreement on the relations between Parliament and the Commission regulates the transmission of confidential information to Parliament and its subsequent treatment. To obtain detail on procedure, the Honourable Member is advised to consult that document for guidance on the form and the circumstances in which Members of the European Parliament can have access to documents relating to allegations and investigations. These arrangements govern the provision of information about accusations and the form in which it may be provided. In this context it has to be noted that the framework Agreement applies without prejudice to the legal provisions governing OLAF enquiries.

The Honourable Member will be aware that Parliament has repeatedly made clear that it recognises the importance of respecting the principle of the right of presumption of innocence and understands that precipitate public disclosure of allegations could be prejudicial to this principle. That basic consideration has to be taken into account on all occasions in order to safeguard the civil rights of the accused and to protect the integrity of investigations and any subsequent administrative or legal proceedings that might be justified by the evidence established by those investigations.

The Commission and the other Institutions also have to take into account the fact that, as employing Institutions, they have specific responsibilities under the Staff Regulations with regard to officials who are the subject of allegations. In addition, the precipitate public announcement of allegations would be likely to discourage officials from communicating suspicion of wrongdoing and consequently carry the risk of preventing or hindering proper and effective investigations.

The Commission proposals made as part of the strategy for Reform of the Staff Regulations of European officials would bring about changes which give personnel sure and effective internal channels for reporting suspicions of wrongdoing, and also provide for such reports to be made outside the employing Institution to the Presidents of other Institutions or to the European Ombudsman if neither the employing Institution nor OLAF have responded to the reports in an appropriately serious way.

(1) OJ L 136, 31.5.1999.

(2) OJ L 149, 16.6.1999.

(3) SEC(2000) 2078.

(4) C(2002) 845.

(5) http://www.cc.cec/home/admref/en/ressources_disfonct.html.

(6) OJ L 145, 31.5.2001.

(7) OJ L 136, 31.5.1999.