WRITTEN QUESTION E-3360/01 by Michael Cashman (PSE) to the Commission. Fighting corruption.
Date: 2001-12-05
Institutions: European Parliament, Provisional data
Subjects: EU action, approximation of laws, area of freedom, security and justice, corruption, fight against crime, fraud against the EU, international instrument

5.12.2002

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Official Journal of the European Communities

C 301 E/5

(2002/C 301 E/003)

WRITTEN QUESTION E-3307/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(28 November 2001)

Subject: Recommendation on fur farming

A recommendation on fur farming has been available since 22 December 2000 (T-AP(96)19).

1, What action has the Commission taken on that recommendation?

Has the Commission submitted a proposal for legally binding rules on fur farming? If so, which

2.
proposal? If not, when does it envisage doing so?

Answer given by Mr Byrne on behalf of the Commission

(24 January 2002)

Council Directive 98/58/EC of 20 July 1998 (1) provides the main principles for the protection of all
species of animals kept for farming purposes, including fur farming.

As mentioned by the Honourable Member, the Standing Committee of the European Convention for the
Protection of Animals Kept for Farming Purposes (T-AP) adopted a recommendation concerning fur
animals that entered into force in December 1999. The Commission and the Member States participated in
the process of drafting and adoption of these recommendations.

Council Directive 98/58/EC provides a legal base for proposals for Community measures in relation to the
Convention or recommendations made under it, if this is necessary for its uniform application within the
Community.

the Commission adopted on
The Scientific Committee on Animal Health and Animal Welfare of
13 December 2001 an opinion on the welfare aspects related to the keeping of fur animals. The opinion is
available on the following internet address: http://europa.eu.int/comm/food/fs/sc/scah/outcome_en.html.

The Commission will examine this opinion and will consider whether it is necessary to submit to the
Council an appropriate proposal.

(1) OJ L 221, 8.8.1998.

(2002/C 301 E/004)

WRITTEN QUESTION E-3360/01

by Michael Cashman (PSE) to the Commission

(5 December 2001)

Subject: Fighting corruption

Can the Commission detail what
to fight corruption? Does the
Commission have a comprehensive strategy to fight corruption? If not, can it outline any plans that it has
to initiate a strategy?

is being done at European level

Answer given by Mr Vitorino on behalf of the Commission

(13 February 2002)

1.
In accordance with Article 29 of the Treaty on the European Union and further to recommendation
No 6 of the Action Plan of 28 April 1997 to combat organised crime and recommendation No 7 of the
Millennium Strategy of 27 March 2000 on the prevention and control of organised crime, and as reflected
in the Commission’s Scoreboard on the creation of an Area of ‘Freedom, Security and Justice’, it is the

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5.12.2002

Union’s objective to prevent and to combat corruption through closer police, customs and judicial
cooperation and the approximation of criminal law provisions of national legislation and through the
development of a comprehensive, multi-disciplinary and crosspillar Union policy towards corruption
taking into account work being carried out in other international governmental (e.g. United Nations (UN),
Organisation for economic cooperation and development (OECD), Council of Europe) and relevant non-
governmental organisations.

The Commission wishes to assure the Honourable Member of its commitment to contribute to this
fora where the Commission is represented to

2.
objective and to use its influence at all
condemn, to combat and to prevent all forms of corruption.

international

3. More specifically, the Commission is determined to root out the phenomenon of corruption from
four main angles:

(a) A policy of zero-tolerance towards cases of in-house (i.e. within the European institutions) passive
corruption and the rigorous enquiry through the European Anti-Fraud Office (OLAF) of cases of
external persons aiming at obtaining unlawfully Community funds by means of active corruption,
allowing for complete transparency and no legal vacuums. In its communication of 28 June 2000 on
an overall strategic approach for the protection of the Communities’ financial interests and the fight
against fraud (1), which was endorsed by the Council and the Parliament, the Commission has outlined
in detail an interinstitutional approach to prevent and combat corruption, notably based on a culture
of cooperation at all levels and independent administrative investigations carried out by OLAF.

(b) Approximation of criminal

law legislation among its Member States by agreeing on common
definitions,
in cases of
incriminations and sanctions and ensuring appropriate law enforcement
national or cross-border corruption through 4 criminal law instruments (references and ratification
is sent direct to the Honourable Member and to Parliament’s Secretariat). As regards the
detail
criminal-law protection of the Community’s financial
interests, the Commission has adopted on
23 May 2001 a proposal for a directive of the Parliament and the Council, which provides for a
common definition of active and passive corruption in this field. The Parliament has already approved
this proposal in first reading on 29 November 2001. Furthermore, the Commission examines the
possibility of submitting a proposal to the Parliament and the Council to reformat the Joint Action on
private sector corruption of 22 December 1998 into a Framework Decision.

(c) The development of a comprehensive anti-corruption policy based not only on criminal

law
provisions, but advocating a global strategy across a range of areas in the field of crime prevention
(measures with regard to public sector administration and the judiciary, financial management, rules
on party funding, rules on participation in public procurement procedures, public-private relation-
ships, strengthening the role of national anti-corruption services, developing innovative means of
evidence gathering,
tax deductibility of bribes, accounting and auditing standards, blacklisting/
exclusion of economic operators, a European charter for certain vulnerable professions and external
aid and assistance). Most of these issues were addressed in a Commission Communication to the
Council and the Parliament in 1997, which will be up-dated in the first half of 2002.

(d) First steps towards integrating the Union’s anti-corruption strategy into its external relations policy
have been taken through promoting good governance standards (cid:1) including the fight against
corruption (cid:1) in the framework of EC development activities as commonly defined by the Council and
the Commission. The Cotonou Agreement signed with the ACP countries contains a specific
procedure to deal with serious corruption cases. Its implementation is modeled on the Manual of
instructions for procurement in the Commission’s external aid projects adopted through Commission
decision on 10 November 1999, whose Article 8 deals specifically with corruption cases.

5.
legal
In 2000, the UN General Assembly decided to begin the elaboration of an international
instrument against corruption. An intergovernmental open-ended expert group has prepared draft terms of

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reference for the negotiations by an ad hoc committee beginning its work in January 2002. On
29 November 2001, the EU has adopted a common position on the basis of Article 34 §2 a) of the Treaty
on the European Union. Commission services have substantially contributed to the common position and
are currently preparing a recommendation to the Council with the view of authorising the Commission to
take part in those parts of the negotiations relating to Community competencies.

6.
Upon initiative of the Commission, in May 2001 the Union Forum on the prevention of organised
crime was launched. Corruption is one of the topics having been identified as a priority by the Forum’s
participants when it comes to build strategic partnerships between key players in public and private sector
determined to promote the idea of crime prevention.

7.
Lastly, the Commission, has co-funded under its Falcone-programme a project in 2000/2001 of the
University of Ghent on ‘The organisation of the fight against corruption in the Member States and
candidate countries of the EU’ resulting in the first comparative overview of the national policies against
corruption within the Union and its future members.

(1) COM(2000) 358 final.

(2002/C 301 E/005)

WRITTEN QUESTION E-3436/01

by Riitta Myller (PSE) to the Commission

(12 December 2001)

Subject: Traffic jams in Gibraltar and freedom of movement for citizens

The freedom of movement for citizens is one of the four fundamental freedoms of the European Union.
However, it has come to my attention that movement across the border at Gibraltar is difficult, and thus
conflicts with the principle of freedom of movement.

As a result of the dispute which has lasted for years between Spain and the UK over the Gibraltar issue, the
Spanish authorities deliberately slow down traffic at the border crossing by their activities. This leads to
enormous traffic jams both entering and leaving Gibraltar. Private cars are checked and coach passengers
have to walk through the border control building with their luggage. There is no flexibility in practice and
the process is made deliberately inconvenient.

What measures does the Commission propose to take to improve the situation and protect the freedom of
movement for EU citizens between countries in Gibraltar as elsewhere?

Answer given by Mr Vitorino on behalf of the Commission

(7 February 2002)

It should be remembered that the Spanish authorities are not only entitled but actually required to carry
out checks on persons and goods crossing the border between Gibraltar and Spain, as this is an authorised
crossing point on an external border of the Union (Articles 3, 5 and 6(2) of the Convention implementing
the Schengen Agreement) and Gibraltar is not part of the common customs territory (Article 29 of the Act
of Accession of the United Kingdom).

Following complaints, the Commission has contacted the Spanish Government, drawing its attention to the
possibility that the checks being carried out were disproportionate. The Commission is examining the
Spanish authorities’ reply before deciding on what action to take.