WRITTEN QUESTION E-3504/00 by Jules Maaten (ELDR) to the Commission. Independence of Commission's services from tobacco industry.
Date: 2000-11-10
Institutions: European Parliament, Provisional data
Subjects: European official, duties of civil servants, interest group, regulations for civil servants, tobacco industry

C 187 E/12

Official Journal of the European Communities

EN

3.7.2001

laid down by
for
The minimum safety and health requirements
Directive 89/655/EEC (5) (and not 89/665/EEC) have been transposed by Royal Orders 1215/1997 of
18 July and 773/1997 of 30 May. Those requirements apply to helicopter crews provided that their
employer is established in Spain or another Member State.

the use of work equipment

The Spanish authorities have informed the Commission of the means of transposing Directive 93/104/
EEC (6) concerning certain aspects of the organisation of working time, and the Commission is now in the
process of examining their compliance with the directive.

This directive has been extended to the (cid:145)excluded sectors(cid:146) which includes civil aviation) via Directive 2000/
34/EC (7) which must be transposed by the Member States before 1 August 2003.

Moreover, on 27 November 2000, the Council adopted Directive 2000/79/EEC concerning the organisa-
tion of working time of mobile workers in civil aviation (8). Once this new directive enters into force, the
provisions of Directive 93/104/EC will no longer apply to civil aviation.

As regards Directive 96/71/EC on the posting of workers in the framework of the provision of services (9),
the Spanish authorities have notified the Commission of the means of transposition used. The Commission
is currently in the process of examining their compliance with the directive.

Moreover, the Commission is in no position to assess the soundness of the criticisms made by the
international airline pilots federation (Ifalpa) and by the private Apythel association.

(1) OJ L 240, 24.8.1992.
(2) OJ C 311 E, 31.10.2000.
(3) OJ L 319, 12.12.1994.
(4) OJ L 137, 24.5.1986.
(5) OJ L 393, 30.12.1989.
(6) OJ L 307, 13.12.1993.
(7) OJ L 195, 1.8.2000.
(8) OJ L 302, 1.12.2000.
(9) OJ L 18, 21.1.1997.

(2001/C 187 E/012)

WRITTEN QUESTION E-3504/00

by Jules Maaten (ELDR) to the Commission

(10 November 2000)

Subject: Independence of Commission(cid:146)s services from tobacco industry

Can the Commission confirm that there are staff regulations regarding employees of the legal services

1.
taking up a position upon retirement which has a link with their former duties?

2.
Can the Commission confirm that a member of its legal services, responsible for internal market
issues, immediately upon retirement took up employment with the tobacco industry campaign to stop
adoption of the tobacco advertising directive, using his former employment as a credential?

3.

If so, can the Commission explain why the staff regulations were not applied in this case?

4. With a view to the above questions, can the Commission guarantee that the independence of its
services from the tobacco industry is guaranteed, particularly as regards its legal services, its customs and
tax department and its agriculture department and what measures if any were taken to ensure this
independence?

3.7.2001

EN

Official Journal of the European Communities

C 187 E/13

Answer given by Mr Kinnock on behalf of the Commission

(8 February 2001)

The Commission refers the Honourable Member to Articles 16 and 17 of the Staff Regulations which
cover all former officials of the Community and not just those from its legal services. Article 16 in
particular provides that, after termination of service, the official must respect obligations of honesty and
discretion in relation to the acceptance of certain duties or functions.

The Commission can confirm that it was aware that one of the former members of its legal service has
been working for the tobacco industry in connection with the industry(cid:146)s opposition to the ban on tobacco
advertisements.

The case has been examined by the Commission to make sure that the person concerned has complied
with the relevant rules of the Staff Regulations (Articles 16 and 17). In considering such cases the
Commission expects its officials to refrain from accepting employment if this could lead to a conflict of
interest with their former post in the Commission. Such a conflict arises if the new activity is related to
involves him/her in
a dossier for which the official was responsible in the Commission, and if
intervening against the position of the Commission with regard to this dossier.

it

The same situation occurs where the official might profit from confidential information gained during his/
her previous functions.

In the case referred to by the Honourable Member, the Commission concluded that, since the official did
not deal with matters linked to tobacco or the single market whilst working in the Commission, there is
no breach of the rules of the Staff Regulations.

All services are independent
from the tobacco industry (and from all other industries). Where the
Commission suspects a violation of its professional rules, it acts immediately to check the matter and, if
necessary, takes measures to penalise such a violation.

(2001/C 187 E/013)

WRITTEN QUESTION P-3528/00

by W. G. van Velzen (PPE-DE) to the Commission

(8 November 2000)

Subject: Czech nuclear power station at Temelin

A serious disagreement has recently arisen between Austria and the Czech Republic on the start-up of the
Czech nuclear power station at Temelin.

1. What legal possibilities does the Commission have, pursuant to the Treaty of Amsterdam, to compel
the Czech Government to carry out a cross-border environmental impact assessment, with a view to the
Czech Republic(cid:146)s forthcoming accession to the European Union?

2.
Does the Commission have any legal instruments to compel the Czech Government to carry out
a safety check before Temelin actually comes into operation? If not, and if it has not been able to resolve
this point satisfactorily in the accession negotiations with the Czech Republic, what diplomatic representa-
tions has the Commission made to the two governments, and with what result?

3.
The Austrian Government has recommended that the EU adopt EU standards in the field of the safe
use of nuclear energy at an early date. Is the Commission able to comply with this recommendation at
short notice; if so, how will these standards be developed and who will be involved in this process?