WRITTEN QUESTION E-3448/01 by Mark Watts (PSE) to the Commission. Export of live animals to third countries.
Date: 2001-12-21
Institutions: European Parliament, Provisional data
Subjects: agricultural statistics, cattle, export (EU), live animal, third country

C 134 E/232

Official Journal of the European Communities

EN

6.6.2002

reference, direct or indirect, to race, political, philosophical or religious belief, sex or sexual orientation.
Amendments are proposed to the Staff Regulations in order to also cover the other grounds of article 13
under this provision. In case of a dispute a complaint may be submitted to the appointing authority under
Article 90 of the Staff Regulations. If this complaint is rejected, an appeal to the Court of First Instance of
the European Communities may be introduced under the conditions of article 91.

These principles are also applied in the Commission’s relations with the public. The Code of good
administrative behaviour for staff of the Commission in their relations with the public provides in
particular for equal treatment of the public irrespective of nationality, gender, racial or ethnic origin,
religion or beliefs, disability, age or sexual orientation. Complaints for the violation of this Code can be
lodged directly with the Secretariat-General of the Commission, or with the European Ombudsman.

Recital 17 of Directive 2000/78/EC states clearly that the Directive does not require the recruitment,
promotion, maintenance in employment or training of an individual who is not competent, capable and
available to perform the essential functions of the post concerned or to undergo the relevant training 0
without prejudice of the obligation to provide reasonable accommodation for people with disabilities. An
employer will be able to provide a defence against a charge of discrimination if he is able to demonstrate
that employment was given on the basis of results achieved in public examination provided that such
examinations were designed to test skills that are required for the job. Regarding the example of a combat
soldier cited by the Honourable Member, it should be noted that Member States may choose not to apply
the provisions of Directive 2000/78/EC concerning disability and age to all or part of their armed forces,
in order to safeguard their effectiveness.

The third part of the Honourable Member’s question refers to discrimination on the ground of sex, which
is not covered by Council Directive 2000/78/EC.

The Commission understands the last part of the question to refer to the possibility for an employer to
carry out affirmative action in favour of some disadvantaged group, for instance in the event he discovers
that there is a clear under representation of such a group in his company. Both Directives explicitly allow
Member States to maintain or adopt specific measures to prevent or compensate for disadvantages linked
to any of the grounds covered by the Directives. The possibility for an employer to adopt special measures
promoting disadvantaged groups in his company will thus depend on the relevant Member State decision
in that respect. Positive measures adopted at national level must nevertheless comply with Community law.

(1) Article 19 of Council Directive 2000/43/EC and Article 21 of Council Directive 2000/78/EC.

(2002/C 134 E/246)

WRITTEN QUESTION E-3448/01

by Mark Watts (PSE) to the Commission

(21 December 2001)

Subject: Export of live animals to third countries

Will the Commission please state how many of the live cattle exported from the Community to third
countries in 2000:

1. were for (a) slaughter, (b) further fattening and (c) breeding;

2. how many in each of these categories were exported from each Member State;

3. how many in each of these categories did each exporting Member State send to each individual third-

country destination?

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Official Journal of the European Communities

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Answer given by Mr Fischler on behalf of the Commission

(25 January 2002)

The Commission is sending directly to the Honourable Member and to the Parliament’s Secretariat a table
containing the information requested.

(2002/C 134 E/247)

WRITTEN QUESTION P-3450/01

by Gabriele Stauner (PPE-DE) to the Commission

Subject: Access to documents related to the security service affair

(6 December 2001)

In its answer to my written question E-2489/01 (1), the Commission refuses to provide me with certain
documents related to the security service affair. By way of justification, it refers to the OLAF Regulation
(EC) No. 1073/1999 (2). However, the documents which I requested date from 1998, i. e. before OLAF was
set up.

The Commission also refers to ‘transparency rules’. Under Regulation (EC) No. 1049/2001 (3) concerning
public access to documents, which entered into force on 3 December 2001, it is not sufficient to refer to
legal proceedings in progress alone to deny access to documents. The Commission must also explain in
what way the legal proceedings might be compromised.

One reason for my question was the suspicion that the Commission has not forwarded all the information
contained in the documents requested to the competent judicial authorities. If that were the case, it would
undoubtedly be in the public interest to make that fact known and enable the judicial authorities to carry
out a thorough investigation.

Finally, the Commission makes no mention in its answer of my right of access as a Member of the
European Parliament to confidential information pursuant to Article 197 of the EC Treaty.

Is the Commission now prepared to provide me with the documents concerned?

Can the Commission confirm that the documents I have requested contain indications that Commissioner
Lamy had already met Commission officials in 1997 and that, therefore, his statement contained in the
answer to my written question E-1174/01 (4), which was confirmed and corroborated by the Commission,
that during his time as a member of the board of Crédit Lyonnais he met Commission officials formally
only once between 1 and 3 May 1998, is not in accordance with the truth?

(1) OJ C 115 E, 16.5.2002, p. 99.
(2) OJ L 136, 31.5.1999, p. 1.
(3) OJ L 145, 31.5.2001, p. 43.
(4) OJ C 318 E, 13.11.2001, p. 219.

Answer given by Mr Prodi on behalf of the Commission

(29 January 2002)

The Honourable Member is referring to Regulation (EC) No 1049/2001 of the Parliament and of the
Council of 30 May 2001, which recently entered into force, regarding public access to European
Parliament, Council and Commission documents. The four documents requested were the UCLAF (the
Commission’s fraud prevention task force) report to the Secretary General of 12 March 1998, Mr Trojan’s
reply of 3 April 1998, Mr van der Spree’s note of 23 April 1998 on the security contract (including all
annexes) and Ms Ventura’s subsequent reply. As regards these documents, the Commission can only
reiterate its answer to the Honourable Member’s written question E-2489/2001 (1). The Commission
believes it is important not to jeopardise ongoing investigations, and that it is thus sometimes justifiable to
deny access to documents relating to inspections and investigations in progress.