WRITTEN QUESTION E-2473/01 by Raffaele Costa (PPE-DE) to the Commission. Activities of OLAF.
Date: 2001-09-11
Institutions: European Parliament, Provisional data
Subjects: Community budget, European Anti-fraud Office, fraud against the EU, judicial proceedings, own resources

16.5.2002

EN

Official Journal of the European Communities

C 115 E/95

Under Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community
trade in fresh meat (1), it is up to the official veterinarian to establish during the ante mortem examination
whether an animal presented for slaughter is fit to enter the food chain.

If the Commission were to find evidence of a contravention of this rule or other elements of Community
law,
initiate
it would take the appropriate steps with the Member State concerned and,
infringement proceedings in accordance with Article 226 (ex-Article 169) of the EC Treaty.

if necessary,

(1) OJ B 121, 29.7.1964.

(2002/C 115 E/099)

WRITTEN QUESTION E-2473/01

by Raffaele Costa (PPE-DE) to the Commission

(11 September 2001)

Subject: Activities of OLAF

As the OLAF Supervisory Committee explicitly recognises (1), ‘the institutions have long been concerned
about the need to strengthen the means of combating fraud affecting the Community budget’. For many
years it seems there were no reliable estimates of the sums wrongfully taken from the Community (and the
European taxpayer). It was roughly calculated as ‘amounting to 10 % of the budget, while at the same time
the Community institutions had virtually no powers in this area’. The Supervisory Committee goes on to
say that only ‘in the early 1990s, a number of high-profile cases of fraud’ led to a strengthening of the
powers of UCLAF, the office responsible for ‘coordinating the exercise of the various powers conferred on
the Commission in the area of administrative controls’. Although this was a worthy intention it did not
come to anything, since ‘Parliament and the Council came across instances of irregularities and fraud in the
course of the discharge procedure for 1996’. This led to the decision to set up OLAF, which came into
operation in 1999.

In view of the above, can the Commission state the exact amounts, for each Member State, recovered by
the EU budget as a result of OLAF’s work over the last few years?

(1) OJ C 360, 14.12.2000, p. 14.

Answer given by Mrs Schreyer on behalf of the Commission

(19 November 2001)

the White Paper on administrative reform,

In accordance with Action 96 of
the Commission has
established guidelines for the recovery of debts in the field of expenditure managed directly by the
Commission (1). These guidelines seek to step up the responsibility of the Commission’s authorising
departments and to increase cooperation between them and the Commission Accounting Officer, the Legal
Service and also the European Anti-Fraud Office (OLAF)
investigative role and
resulting capacity to instigate legal proceedings.

in view of its special

The Commission would point out that responsibility for recovery related to indirect spending and own
resources, including in relation to OLAF investigations, lies primarily with the Member States.

The time periods which may be needed to complete recovery (particularly in cases where the recovery
procedure is suspended due to criminal proceedings) must also be taken into account.

C 115 E/96

Official Journal of the European Communities

EN

16.5.2002

Increasing the responsibility of the relevant departments and setting up OLAF should help to clarify the
overall situation and thus improve recovery rates.

(1) SEC(2000) 2204/3. Communication on action 96 of the White Paper: ‘More effective management of recovery of

unduly paid funds.’.

(2002/C 115 E/100)

WRITTEN QUESTION P-2475/01

by Ilda Figueiredo (GUE/NGL) to the Commission

(5 September 2001)

Subject: Safety and health protection for workers in the mining industry

Council Directive 92/104/EEC (1) of 3 December 1992 on the minimum requirements for improving the
safety and health protection of workers in surface and underground mineral-extracting industries >
specified in the Annex > establishes, in Section II, employers’ obligations to guarantee the safety and
health of workers, as well as health checks.

However, in Portugal a large number of accidents continue to occur at work, causing the loss of eyesight,
limbs, hands and fingers and even death (mainly among workers employed in quarries) and a very large
number of workers suffer from silicosis. The situation is becoming worse with the introduction of new
tools, such as pneumatic drills and machines which create enormous clouds of dust in quarries and tile
factories. Workers also suffer from back problems caused by carrying excessively heavy weights, deafness
caused by noise, and rheumatism, which affects many employees working in excessively damp
environments.

This situation is compounded by inefficiency on the part of the General Labour Inspectorate and a lack of
preventive measures, health diagnostics, research studies or information campaigns.

Can the Commission say whether it is aware of this inefficient application of the Directive and what
measures should be taken to ensure safety and health protection for workers?

(1) OJ L 404, 31.12.1992, p. 10.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 September 2001)

The Commission is not aware of any of the health and safety problems mentioned by the Honourable
Member.

As the Honourable Member knows, it is the task of the Member States to ensure an efficient application of
the rules on health protection of workers in surface and underground mineral-extracting industries. The
problems raised by the Honourable Member should indeed be put to the attention of the national
inspectorate which is responsible for the enforcement of Health and Safety issues in the extractive
industries.

Nevertheless, the Commission will request the Portuguese delegation of the Tripartite Safety and Health
Commission for Mines and other Extractive Industries (1) (Shcmoei) to investigate further the issues raised
by the Honourable Member. Should evidence show that the problems raised have not been given adequate
attention by the Portuguese authorities, the Commission will not hesitate to take appropriate action.

(1) The Shcmoei was created by a Council Decision adopted at the 44th session of the Council of Ministers, held on
July 1957 (OJ 487 of 31.8.1957), and extended to cover all mineral extracting industries on 27 June 1974 (OJ L
185, 9.7.1974).