WRITTEN QUESTION P-1430/00 by Charles Tannock (PPE-DE) to the Commission. Powers to audit the European Investment Bank.
Date: 2000-05-03
Institutions: European Parliament, Provisional data
Subjects: European Commission, European Court of Auditors, European Investment Bank, appeal to the Court (EU), competence of the Member States, interinstitutional relations (EU)

20.2.2001

EN

Official Journal of the European Communities

C 53 E/141

(2001/C 53 E/179)

WRITTEN QUESTION E-1429/00

by Charles Tannock (PPE-DE) to the Commission

(5 May 2000)

Subject: The procedure used by the Commission in determining its response to address a Treaty violation

In order to protect the good name of the Commission and individual Commissioners from accusations of
political bias, will the Commission, when asked to investigate a possible Treaty violation either by an
aggrieved person or legal personality or by a member of this Parliament, take independent legal advice as
to the Commission(cid:146)s obligations, and publish that advice even if legal
immunity is provided to those
providing such advice?

Answer given by Mr Prodi on behalf of the Commission

(28 June 2000)

When the Commission receives a complaint regarding an alleged infringement of the EC Treaty,
it is
registered at the Secretariat-General and the file is sent to the Directorate-General concerned, with a copy
to the Legal Service.

The Commission decision regarding any alleged infringement of the EC Treaty is prepared by the
Directorate-General concerned in coordination with the other Directorates-General
involved, and the
Legal Service gives an opinion on it.

If the complaint is considered well-founded, the procedure then depends on the perpetrator: if it is a
Member State, the full Commission can take the decision to initiate proceedings under Article 226 (former
Article 169) of the EC Treaty.

The Legal Service opinion is not published, and the code of conduct relating to public access to
Commission documents does not give access to this type of document (Order of the President of the
Court of First Instance in Case T-610/97/R Carlsen [1998] ECR II- 485).

(2001/C 53 E/180)

WRITTEN QUESTION P-1430/00

by Charles Tannock (PPE-DE) to the Commission

Subject: Powers to audit the European Investment Bank

(3 May 2000)

Can the Commission explain the background to its decision to take the EIB to the European Court of
Justice earlier this year and does it believe that treaty changes should be introduced at the forthcoming
Intergovernmental Conference to allow the Court of Auditors power to oversee all of the EIB(cid:146)s activities?

Answer given by Mr Solbes Mira on behalf of the Commission

(8 June 2000)

Concerning the background to the action brought by the Commission against the European Investment
Bank (EIB) the Honourable Member is invited to refer to the detailed resumØ which has been published (1).

The audit procedures of the EIB with respect to operations financed on own resources are defined by its
statute in particular its Article 14 and Article 9. Article 14 describes the tasks of the EIB audit committee
and Article 9 stipulates that the annual report and balance sheet and profit and loss account are approved
by the board of governors. It would require a change of the EC Treaty if the statutory rules (the Statute is a
protocol annexed to the EC Treaty) should be adapted in order to allow the Court of auditors to audit
the EIB.

C 53 E/142

Official Journal of the European Communities

EN

20.2.2001

The decision whether or not the EIB should be subject to the full audit activity of the Court of auditors and
whether the EC Treaty should be changed is ultimately to be taken by the Member States.

EIB operations made under mandate are audited by the Court of auditors on the basis of the tripartite
agreement which was renewed last year.

(1) OJ C 122, 29.4.2000.

(2001/C 53 E/181)

WRITTEN QUESTION E-1432/00

by Glenys Kinnock (PSE) to the Commission

Subject: Bonded labour and forced abductions in Pakistan

(5 May 2000)

Will the Commission provide an update on the location and well-being of the eight former bonded
labourers who were forcibly abducted on 4 May 1998 in the Sindh Province of Pakistan, Case Reference
No 35, and indicate whether any action has been taken by the Pakistani authorities to bring to justice
those responsible for the abduction?

Will the Commission provide an update on the number of people who have been successfully prosecuted
in Pakistan under the Bonded Labour System (Abolition) Act of 1992?

What is the status of the EU funded project on child bonded labour in Pakistan entitled (cid:145)Combating
abusive child labour through prevention, withdrawal and rehabilitation(cid:146), April 1998?

Answer given by Mr Patten on behalf of the Commission

(15 June 2000)

The Commission has no up-to-date details on the location and well-being of the eight former bonded
labourers to whom the Honourable Member refers. The Commission has instructed the delegation of the
Commission in Islamabad to follow up this matter with the authorities in Sindh Province. Similarly, the
Commission(cid:146)s representative in Pakistan will seek details from the appropriate authorities concerning the
number of presentations under the Bonded Labour System (Abolition) Act of 1992.

in Multan and Shangla Hill, concluded that:

The Community funded pilot project combating abusive child labour through prevention, withdrawal and
rehabilitation is currently being implemented. A recent report on visits by a Commission representative to
two of these centres,
(cid:145)Although there is still a lack of
coordination between the different implementing partners, the Community Education and Action (CEA)
centres are becoming operational. The Pakistan Federal Secretary of Labour has realised the importance of
the project and is putting pressure on the Punjab Provincial Labour Department to ensure the progress of
the project. It is important that the children selected are from the most hazardous forms of child labour.
The possibility of having a second shift in the schools is being studied.(cid:146)

Pakistan(cid:146)s military-led government approved on 10 May 2000 a policy which envisages the progressive
elimination of child labour from all economic sectors.
It envisages the phased withdrawal of child
labourers from the worst forms of exploitation, prevention of under-aged children entering the labour
market, universalisation of primary education,
family empowerment and finally the rehabiltation of
working children through non-formal education, pre-vocational training and skill development.