WRITTEN QUESTION P-0262/00 by Olivier Dupuis (TDI) to the Commission. OLAF.
Date: 2000-02-02
Institutions: European Parliament, Provisional data
Subjects: European Anti-fraud Office, European official, defamation, recruitment, regulations for civil servants, trade union rights

C 374 E/48

Official Journal of the European Communities

EN

28.12.2000

6. What further measures ought to be taken to ensure that:

(a)

In principle, flight staff are checked at all airports?

(b) These checks are carried out regularly and at random?

(c) The checks comply with international standards?

Answer given by Mrs de Palacio on behalf of the Commission

(4 April 2000)

The Commission is aware of the incident which occurred at Schiphol airport in January 2000, though it
obviously cannot be familiar with every publication relating to checks on alcohol consumption by pilots.

There is no Community legislation at present regarding checks on alcohol consumption by aircraft pilots.
Permitted blood alcohol
levels vary from one Member State to another, as do the consequences of
exceeding those levels. As for checks on the blood alcohol level of pilots, the information available does
not point to any national measures imposing systematic or statistical checks.

The Commission is therefore unable to provide details of the frequency of such incidents.

Like the Honourable Member, the Commission believes such incidents to be unacceptable, as they have a
direct impact on air transport safety.

Accordingly, on 24 March 2000, the Commission adopted a proposal for a regulation which encompasses
introducing common rules for the issuing of air operator certificates and rules governing
this issue,
commercial carriage by plane. The proposal establishes the responsibilities of the crew (cid:129) i.e. pilots and
other crew members (cid:129) and lays down rules including a ban on the consumption of alcohol less than eight
hours before the flight duty period and a ban on commencing flight duty with a blood alcohol level
greater than 0,2 per thousand. Operators will have full responsibility for the proper application of these
requirements and will be subject to checks by the national authorities.

(2000/C 374 E/056)

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?

28.12.2000

EN

Official Journal of the European Communities

C 374 E/49

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.

in particular in
the Staff Regulations obliges the Communities to assist any official
Article 24 of
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 (cid:129) intentionally or through
grave negligence (cid:129) 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.

(2000/C 374 E/057)

WRITTEN QUESTION E-0264/00

by Christopher Heaton-Harris (PPE-DE) to the Commission

(7 February 2000)

Subject: Light pollution

What is the Commission doing to combat (cid:145)light pollution(cid:146) around large cities, an environmental problem
that, as well as presenting a substantial obstacle to the work of astronomers, contributes to global warming
due to the carbon dioxide emissions of high powered light bulbs?