WRITTEN QUESTION P-0826/02 by Maurizio Turco (NI) to the Commission. State of OLAF inquiries.
Date: 2002-03-18
Institutions: European Parliament, Provisional data
Subjects: European Anti-fraud Office, access to EU information, activity report, dissemination of EU information, fraud against the EU

C 301 E/58

Official Journal of the European Communities

EN

5.12.2002

Answer given by Mr Vitorino on behalf of the Commission

(6 May 2002)

The tragic event referred to by the Honourable Member and very recently the arrival of the ship ‘Monica’
in the port of Catania are just two examples of a wider phenomenon of the arrival of vessels of all kinds
and sizes with illegal immigrants on the coasts of Member States. Irregular migrants face various dangers,
including being smuggled by ruthless criminal networks and dangers of unsafe passage. As recently
mentioned in the reply to written question P-2079/01 by the Honourable Member (1), this is an issue of
major concern for the Commission and it demonstrates how important it is for the Union to develop
policies for the prevention of and the fight against illegal immigration and in particular against irregular
maritime arrivals.

Various initiatives have been taken recently. In June 2001 the Council reached a political agreement on a
Directive defining the facilitation of unauthorised entry, movement and stay and an accompanying
Framework Decision on the strengthening of
the facilitation of
unauthorised entry and residence. The Council also adopted Directive 2001/51/EC of 28 June 2001
supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of
14 June 1985 (2) in order to further define the obligations of carriers. In December 2000, the Commission
adopted a Communication on combating trafficking in human beings and combating the sexual
exploitation of children and child pornography (3). This includes a proposal for a Council framework
decision on combating trafficking in human beings.

framework to prevent

the penal

An overall Union policy framework to address illegal migration was published on 28 February 2002 when
the Council adopted a comprehensive plan to combat illegal immigration and trafficking of human beings.
This action plan,
largely based on the Communication on a Common Policy on Illegal Immigration
adopted by the Commission on 15 November 2001 (4), presents a comprehensive set of measures in the
areas of visas, legislation, readmission and return policy. The action plan outlines concrete initiatives to
improve practical co-operation between the government departments responsible for such matters. Specific
attention will be paid to improving sea border controls. As a direct follow-up, a future Commission’s
Communication on an integrated border management will propose a set of measures to enhance co-
operation of Member States’ border guard authorities where the surveillance of maritime borders will
receive special attention.

(1) OJ C 40 E, 14.2.2002.
(2) OJ L 187, 10.7.2001.
(3) COM(2000) 854 final.
(4) COM(2001) 672 final.

(2002/C 301 E/063)

WRITTEN QUESTION P-0826/02

by Maurizio Turco (NI) to the Commission

(18 March 2002)

Subject: State of OLAF inquiries

Would the Commission provide details of the OLAF (European Anti-Fraud Office) inquiries concluded and
still in progress in the period January to December 2001 and in 2002.

For each of the inquiries, these details should include:

(cid:1) the name of the body which is the subject of the inquiry;

(cid:1) the date the inquiry was opened (and, where appropriate, closed) and the amount thought to have

been defrauded (and, where appropriate, the amount found to have been defrauded);

(cid:1) the action taken on inquiries which found that

fraud affecting the interests of

the European

institutions had taken place.

5.12.2002

EN

Official Journal of the European Communities

C 301 E/59

Answer given by Mrs Schreyer on behalf of the Commission

(6 May 2002)

Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999 of the Parliament and of the
Council of 25 May 1999 (1) provide in Article 12, paragraph 3 that the Director of OLAF shall report
regularly to the Parliament, the Council, the Commission and the Court of Auditors on the findings of
investigations carried out by the Office, whilst respecting the confidentiality of those investigations, the
legitimate rights of the persons involved and, where appropriate, national provisions applicable to judicial
proceedings.

Pursuant to the above legislation, the Director of OLAF is supplying such information either on an ad hoc
basis, that is as regards the Parliament to the Budgetary Control Committee, or in OLAF’s annual activity
report for the period 1 June-31 May in which it provides a statistical breakdown of cases that are in
evaluation, investigation or closed during that period.

For cases in evaluation,
investigation or closed during the period 1 January 2001-31 May 2001, the
Commission refers the Honourable Member to OLAF’s annual activity report for the period 1 June 2000-
31 May 2001. For cases in evaluation, investigation or closed during the period 1 June 2001 to date, the
Commission informs the Honourable Member that OLAF’s annual activity report for the period 1 June
2001-31 May 2002 will be published in early autumn 2002.

With respect to the Honourable Member’s request for the name of the body which is subject to the inquiry
and the date, OLAF is unable to provide such information as it may compromise ongoing investigations or
prejudice the rights of economic operators and/or individuals, who have been or are being investigated for
the detection of irregularities.

that

In the event
it has been determined that an economic operator has infringed a provision of
Community law which has the effect of prejudicing the general budget of the Communities or budgets
managed by them, the Member States, on behalf of the Communities, or in case of direct financing, the
Commission shall recover the amount unduly paid and may impose,
in certain cases, administrative
penalties. Furthermore, in accordance with the above regulations, OLAF shall submit the matter to the
national competent authorities, which may, eventually, commence criminal proceedings.

(1) OJ L 136, 31.5.1999.

(2002/C 301 E/064)

WRITTEN QUESTION E-0868/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

(2 April 2002)

Subject: Quality control of bathing water

In protest against the Union’s directive on the quality control of water in bathing areas, the municipality of
Borlänge announced in August 2000 that it no longer had any bathing areas.

In explanation, the newspaper Dala-Demokraten quoted the town’s environment officer as saying that
sampling was too expensive and that the press just caused trouble.

The municipality of Borlänge thereby hoped to avoid additional expenditure for sampling by ceasing to
designate its bathing areas as such for the EU’s list.

Is it possible to avoid sampling the quality of bathing water in this manner?