WRITTEN QUESTION P-3153/00 by Niels Busk (ELDR) to the Commission. Blacklisting.
Date: 2000-10-02
Institutions: European Parliament, Provisional data
Subjects: EAGGF Guarantee Section, confidentiality, exchange of information, fraud against the EU, indemnification

22.5.2001

EN

Official Journal of the European Communities

C 151 E/81

Answer given by Mr Liikanen on behalf of the Commission

(21 November 2000)

In spring and summer 2000 the Commission carried out a global review of its activities and human
1.
resources. On 26 July 2000 the Commission concluded that it was more than 1200 posts short of being
able to manage all its tasks.

In the past there has been a tendency for executive tasks of the Commission to increase, and political and
legislative tasks to decrease. In July, the Commission decided to reverse this trend, and reduce its executive
tasks in order to have sufficient human resources for political, legislative and conceptual tasks. For a wide
range of sectors this means reduction and phasing out activities. In particular, activities financed by small
budget lines will be reduced because they are very intensive in terms of human resources.

The information and awareness raising campaigns against sex tourism have had their important role to
play. However, in the context of lack of resources and in line with the general trend of cutting small
budget lines, these activities will be phased out. The Commission will not make new financing commit-
ments next year. Nevertheless, the Commission will do its best to use appropriations for these activities in
this year(cid:146)s budget.

2.
In this case, besides the few contacts the Commission had with ECPAT according to the rules in the
framework of the call for proposals published in May 1999, such as for example the examination of the
interim report, ECPAT requested on 7 October 2000 an extension of
the project duration until
31 December 2000. The Commission accepted this extension. Furthermore, an ECPAT representative
attended a meeting on 10 October 2000, during which the Commission explained to interested organisa-
tions the possibilities of further Community assistance for activities to combat child sex tourism.

Beneficiaries of Community grants implement the corresponding projects without further assistance by the
Commission. During the implementation, contacts between the beneficiaries and the Commission may be
established according to specific needs. The beneficiaries are usually bound to produce regular reports
about the progress achieved and the results.

3.
The annual nature of the Community budget only allows financial commitments on a yearly basis,
with relatively short notice. Good management of the Community(cid:146)s scarce resources requires careful
selection of activities to be supported. This does not allow any financing to be guaranteed before the
relevant procedures have been concluded.

(2001/C 151 E/091)

WRITTEN QUESTION P-3153/00

by Niels Busk (ELDR) to the Commission

(2 October 2000)

Subject: Blacklisting

Council Regulation 1469/95/EEC (1) and Commission Regulation 745/96/EEC (2) call for the blacklisting of
undertakings and individuals on the grounds of suspicion alone.

Will the Commission explain the reasons for this and how it intends to guarantee confidentiality to the
undertakings concerned?

How does the Commission intend to compensate companies and individuals unjustifiably placed on such
blacklists?

(1) OJ L 145, 29.6.1995, p. 1.
(2) OJ L 102, 25.4.1996, p. 15.

C 151 E/82

Official Journal of the European Communities

EN

22.5.2001

Answer given by Ms Schreyer on behalf of the Commission

(3 November 2000)

The Commission would first point out that the provisions of Council Regulation (EC) No 1469/95 of
22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the
Guarantee Section of the EAGGF (1) and Commission Regulation (EC) No 745/96 of 24 April 1996 laying
down detailed rules for its application (2) are now directly applicable.

In line with these regulations, the communications provided for are not made on the basis of presumption
or suspicion, but in relation to operators presenting a risk of non-reliability, as defined in Article 1 of
Council Regulation (EC) No 1469/95 (preliminary administrative or judicial report, final decision of an
administrative or judicial authority).

Communications between Member States and the Commission are confidential. The data protection
provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, on
the protection of individuals with regard to the processing of personal data and on the free movement of
such data (3), and of Council Regulation (EC) 515/97 of 13 March 1997 on mutual assistance between the
administrative authorities of the Member States and cooperation between the latter and the Commission to
ensure the correct application of the law on customs and agricultural matters (4), apply.

The Commission would point out that the communications are sent exclusively to the relevant unit of the
European Anti-Fraud Office which has undertaken to put in place the necessary organisational and
technical measures to ensure confidentiality.

To date, the Commission has received no complaints regarding communications made on the basis of the
regulations cited by the Honourable Member. Article 11 of Regulation (EC) No 745/96 provides that
Member States and the Commission would be responsible for any injury suffered as a result of them.

(1) OJ L 145, 29.6.1995.
(2) OJ L 102, 25.4.1996.
(3) OJ L 281, 23.11.1995.
(4) OJ L 82, 22.3.1997.

(2001/C 151 E/092)

WRITTEN QUESTION E-3158/00

by Gerhard Hager (NI) to the Commission

(10 October 2000)

Subject: Out-of-court settlement offices

In the context of the EEJ-NET (European Extra-Judicial Network) project, the Commission is currently
working, with all the alternative dispute settlement offices notified by the Member States, and with
representatives of the Member States, to discuss the practical problems of cross-border disputes settlement.

In the light of the Commission proposal for a Council Regulation on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters, together with the amendments adopted by the
European Parliament particularly as regards the creation of out-of-court settlement mechanisms, I should
like to ask the Commission the following:

1. What stage has the work in the EEJ-NET reached?

2. Have the organisations involved come to any agreement on the creation of clearing houses?

3.

In what form is the Commission cooperating with non-European bodies similarly concerned with the
creation of out-of-court settlement mechanisms in the context of e-commerce, and which bodies are
these?