WRITTEN QUESTION E-1605/02

by Chris Davies (ELDR) to the Commission

(5 June 2002)

Subject: Jim Currie and reform of Staff Regulations

1. What requirements has the Commission now placed upon Mr Currie, the former Director- General of DG Environment, in order that he may accept a role as a non-executive director with British Nuclear Fuels Ltd?

2. In what ways do these differ from the requirements placed upon former Commission staff on previous occasions and in similar circumstances?

3. In what ways will the Commission's published proposals for reform of the Staff Regulations ensure that the Commission has greater ability to curb the risk of conflicts of interest and the weakening of the Commission's reputation for independence which may occur when its existing or former employees take up employment elsewhere?

4. In the light of recent experience does the Commission intend to make additional proposals to strengthen the Staff Regulations to address such problems?

Answer given by Mr Kinnock on behalf of the Commission

(7 August 2002)

1. The Commission refers the Honourable Member to the answers given to his written question E-1466/02(1) and to the written question E-1708/02 from Mrs Ahern(2).

2. Because each request is specific, applications for approval of the functions taken up by civil servants after leaving the service of the Commission are considered on a case by case basis. It is therefore not possible to draw precise comparisons between Mr Currie's situation and those that have arisen on previous occasions. However, all cases are examined in accordance with the same rules, and it

may be noted that in terms of the length of time between leaving the relevant service and taking up an appointment, and the detailed undertakings required from and given by Mr Currie, the conditions imposed were equivalent to or more rigorous than those imposed in any previous case.

3. In the context of the Staff Regulations Reform, the Commission's Legislative proposal includes amendments to Articles 16 and 17. The proposed modifications provide, inter alia:

- that former officials or agents must inform the Institution of any professional activity they intend to undertake in the two years following their departure. The Commission considers that such a two-year-period is in general satisfactory to protect the interests of the Community, as it allows the institution to ensure that there is a clear break between the termination of service in the institution and the subsequent pursuit of occupational activities in the same sector. It may be added that former officials remain in any event bound by Article 17, which requires them to exercise the greatest discretion with regard to all information, not already in the public domain, which they have obtained in the course of their duties with a Community institution.

- that the existing notion of a list of jobs considered a priori incompatible with the obligations of former officials be replaced by a system allowing the institution to examine case by case the compatibility of subsequent activities. Under the proposed amendment to Article 16, where the activity in which a former official intends to engage is related to the work carried out during his last three years of service, the appointing authority may forbid the activity or impose such conditions as it thinks fit.

- that the deadline for response by the employing Institution to requests for authorisation will be extended to 30 working days.

4. The Commission considers that its proposal for a new formulation of Articles 16 and 17 of the Staff Regulations takes full account of the legitimate concerns raised by the Honourable Member.

(1) OJ C 28 E, 6.2.2003, p. 110.

(2) See page 80.