WRITTEN QUESTION E-0963/02 by Gabriele Stauner (PPE-DE) to the Commission. Perrylux case — investigation of former OLAF employees.
Date: 2002-04-10
Institutions: European Parliament, Provisional data
Subjects: European Anti-fraud Office, European official, administration of the Institutions, confidentiality, corruption, fraud against the EU, judicial inquiry

12.12.2002

EN

Official Journal of the European Communities

C 309 E/63

residues to port reception facilities before leaving the port. To this end, the Directive requires Member
States to ensure the availability of adequate port reception facilities and that each port shall develop an
appropriate waste reception and handling plan. Fees paid by the ships cover the costs of the port reception
facilities,
including the treatment and disposal of the waste. Furthermore, ships have an obligation to
notify, prior to their arrival to the port, the type and amount of waste on board.

Detailed information on the availability of the port reception facilities in Member States and candidate
countries will have to await the full implementation of the Directive, which is to be completed at the end
of 2002. It is expected that such information will be included in the evaluation report on the operation of
the system that the Commission will submit in due time. As regards the enforcement of the system set up
by the Directive, Member States must establish penalties for the breach of national rules adopted pursuant
to the Directive above-mentioned Directive. In addition, Community legislation on port State control (2)
establishes that a more detailed inspection shall be carried out if a ship has been accused of an alleged
violation of the provisions on discharge of harmful substances or effluents.

Similarly, the Council considers that strengthened cooperation between Member States, as well as in the
wider international framework, is crucial with a view to combating illegal discharges of oil and other
harmful substances. In this respect, the Council’s common position on the proposed directive on a
Community vessel traffic and monitoring system (3) introduces special monitoring obligations concerning
ships of which there is proof or presumptive evidence of deliberate discharges of oil in waters under their
jurisdiction, establishing that Member States shall communicate to each other information concerning
these ships. When adopted, the draft directive will also impose an obligation for a master of a ship to
report any observation of a slick of polluting materials. With regard to the transport of pollutants by sea,
the proposed Directive introduces particularly strict rules for notification and control.

Finally, the Community has established a framework for the cooperation between Member States in the
field of accidental or deliberate marine pollution (4), with the objective of supporting Member States’ efforts
in this area. The framework aims at improving the capabilities for response to incidents involving spill of
oil or other polluting substances and the prevention of such incidents, as well as the promotion of
cooperation in order to provide for compensation for damage in accordance with the polluter-pays
principle.

(1) OJ L 332, 28.12.2000, p. 81.
(2) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community
ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working conditions (port State control) (OJ L 157, 7.7.1995,
p. 1) and Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 amending
Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community Ports and sailing
in the waters of under the jurisdiction of the Member States, of international standards for ship safety, pollution
prevention and shipboard living and working conditions (port State control) (OJ L 19, 22.1.2002, p.17).

(3) Common position adopted by the Council on 19 December 2001 with a view to adopting Directive 2002/…/EC of
the European Parliament and of the Council of … establishing a Community vessel traffic monitoring and
information system and repealing Council Directive 93/75/EEC (OJ C 58, 5.3.2002, p.14).

(4) Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a
Community framework for cooperation in the field of accidental or deliberate marine pollution (OJ L 332,
28.12.2000, p. 1).

(2002/C 309 E/073)

WRITTEN QUESTION E-0963/02

by Gabriele Stauner (PPE-DE) to the Commission

(10 April 2002)

Subject: Perrylux case (cid:1) investigation of former OLAF employees

In its press release of 28 February 2002 (MEMO/02/38) the Commission announced that the anti-fraud
office OLAF would be launching an investigation into possible irregularities in the former anti-fraud
service UCLAF.

C 309 E/64

Official Journal of the European Communities

EN

12.12.2002

1.

Has this investigation now begun?

Can the Commission confirm that the investigation concerns officials who not only worked for
(anti-corruption)

2.
UCLAF, but were taken over by OLAF, where they were responsible for internal
investigations until well into 2001?

Can the Commission confirm that the officials in question were also responsible for investigating the

3.
Perrylux case?

4. Will the Commission ensure that investigations are carried out into the accusations by an interested
party to the effect that the aforementioned officials did not assess and follow up in the prescribed fashion
information and documents handed over by him on 10 December 1998 and 22 February 1999?

Answer given by Mrs Schreyer on behalf of the Commission

(19 June 2002)

The Commission wishes to inform the Honourable Member that the investigation referred to by the
Honourable Member has been opened by the Director General of the European Anti-Fraud Office (OLAF).

Regulation (EC) No 1073/1999 of the Parliament and of the Council of 25 May 1999 concerning
investigations conducted by OLAF (1) 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 Commission wishes to inform the Honourable Member that OLAF is
unable to provide information regarding points 2, 3 and 4 of this written question.

The Director General of OLAF has decided to set up a dedicated team of investigators directed by a senior
magistrate from one of the Member States, to assess whether in the course of the most important cases
that were started under the Unit for the Coordination of Fraud Prevention (UCLAF), any more investigative
steps are required. The allegations made by the Honourable Member will be part of this review. The team
will also liase with all national and Community authorities involved in those cases. It is expected that this
team will start working in July 2002, as soon as the senior magistrate has been recruited.

(1) OJ L 136, 31.5.1999.

(2002/C 309 E/074)

WRITTEN QUESTION E-0964/02

by Anna Karamanou (PSE) to the Council

(10 April 2002)

Subject: Framework decision on the sexual exploitation of children and child pornography

On 12 June 2001 the European Parliament complied with the timetable set by the Presidency of the
Council and adopted Report A5-0206/2001 on Combating the Sexual Exploitation of Children and Child
Pornography which I drew up on behalf of the Committee on Citizens’ Freedoms and Rights, Justice and
Home Affairs. This report
takes into account new technological developments and provides a full
definition and description of punishable acts and minimum penalties so as to harmonise the criminal law
of Member States in this area. However, despite all its assurances and announcements, the Council has still
not finally adopted this proposal.

Given the widespread nature of the phenomenon in the EU and the inability of national governments
effectively address this extremely grave issue, which is an unacceptable violation of human rights and
human dignity, will the Council say why the adoption of this particular framework decision is being
delayed?